The Calcutta High Court (Right to Information) Rules, 2006

Law Library

Published vide Notification No. 133-G-9th January, 2007.

Notification No. 133-G-9th January, 2007. – In exercise of the powers conferred under section 28(1) of the Right to Information Act, 2005 the Chief Justice of the Calcutta High Court (Competent Authority) is pleased to make the following rules to carry out the provisions of the ‘Act’ falling within the jurisdiction of this High Court:

1. Short title and commencement. – (1) These rules may be called The Calcutta High Court (Right to Information) Rules, 2006.
(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions. – (1) In these Rules, unless the context otherwise requires. –
(a) ‘Act’ means The Right to Information Act, 2005 (No. 22 of 2005);
(b) ‘Appellate Authority’ means designated as such by the Chief Justice of High Court at Calcutta;

(c) ‘authorized person’ means Public Information Officers and Assistant Public Information Officers;
‘Public Information Officer’ shall mean – (i) the Deputy Registrar (Admn.) on the Appellate Side of the High Court and (ii) the Assistant Master and Referee on the Original Side of the High Court, (iii) Chief Judicial Magistrate in the District Courts, (iv) the Additional Chief Judicial Magistrate in the respective sub-divisional courts.

(i) the Deputy Registrar (Admn.) on the Appellate Side of the High Court and (ii) the Assistant Master and Referee on the Original Side of the High Court, (iii) Chief Judicial Magistrate in the District Courts, (iv) the Additional Chief Judicial Magistrate in the respective sub-divisional courts.

Assistant Public Information Officer shall mean:
(i) in the Appellate Side of the High Court –
(a) Assistant Registrars of the respective departments
(b) Section Officer or Superintendent whoever is in-charge of the concerned department/ section, where there is no post of Assistant Registrar.

(ii) in the Original Side of the High Court –
(a) Assistant Registrars of the respective departments
(b) Section Officer or Superintendent whoever is in-charge of the concerned department/section, where there is no post of Assistant Registrar.
(iii) in the Sadar /Sub-divisional courts – the senior most Civil Judge (Jr. Div.).
‘Form’ means the Forms appended to these Rules for enforcement of the provisions of this ‘Act’.
‘Section’ means a section of this ‘Act’.
(2) Words and expressions used but not defined in these Rules shall be the same meanings as are assigned to them irrespectively in the ‘Act’.

3. Request for obtaining information. – A request for obtaining information may be made in writing or through electronic means in English, Hindi or Bengali accompanying a fee as prescribed below, by the person who desires to obtain the information to the Public Information Officer or the Assistant Public Information Officer, specifying the particulars of the information sought by him or her in the form prescribed below :

In case the request cannot be made in writing the concerned Public Information Officer shall render all reasonable assistance to that person to reproduce the same in writing.
All other provisions of section 6 of the Act shall apply in this respect.

4. Disposal of requests. – For disposal of the requests under section 6 of the Act, the Public Information Officer or the Assistant Public Information Officer shall follow the provisions of section 7 of the ‘Act’.

5. Protected/exempted information. – The Public Information Officer or the Assistant Public Information Officer, as the case may be, shall have no obligation to give information to any citizen in the matter disclosure of which has been exempted under section 8 of the Act.

6. Appeal. – An appeal under section 19 of the ‘Act’ may be preferred to the Appellate Authority, by the person who does not receive a decision within the time specified in section 7(3)(1)(a) of the Act or who is aggrieved by the decision of the Public Information Officer or the Assistant Public Information Officer, as the case may be, within the time prescribed under section 19 (1) of the Act which may be extended as per provision of that section i.e. section 19 (1) of the Act.

All other provisions of the Act shall apply for effective enforcement of the provisions relating to the information as per section 2(f) of the Act.

7. Penalties. – (1) Whoever being bound to supply information fails to furnish the information asked for under the Act within the time specified or fails to communicate the rejection order, shall be liable to pay a penalty up to fifty rupees per day for the delayed period beyond thirty days subject to a maximum of five hundred rupees per application filed under rule 3 as may be determined by the Appellate Authority.

(2) Where the information supplied is found to be false in any material particular and which the person is bound to supply it knows and has reason to believe it to be false or does not believe it to be true, the person supplying the information shall be liable to pay a penalty of one thousand rupees, to be imposed by the Appellate Authority provided that the Public Information Officer or the Assistant Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before the penalty is imposed on him.

8. Suo motu publication of information by public authorities. – (1) The public authority shall suo motu publish information as per sub-section (1) of section 4 of the Act by publishing booklets and /or folders and/or pamphlets and update these publications every year as required by sub-section (1) of section 4 of the Act.

(2) Such information shall also be made available to the public through information counters, medium of internet and display on notice board at conspicuous places in the office of the authorized person and the Appellate Authority.

9. Fees. – The authorized person shall charge the fee at the following rates:

A. Application Fee –
(i) information relating to tenders per application documents /bids/ quotation/business contract:
Five hundred rupees
(ii) information other than above

Fifty rupees per application

B. Other Fees –
Sl No.
Description of Information
Price/fee in rupees
1. Where the information is available in the form of a priced publication
Price so fixed
2. For other than priced publication
[Two per page]
(2) ***
10. Mode of payment of Application fee. – Application fee shall be by Court Fee Stamps/IPO/ Demand Draft/Banker’s cheque.]

[Form ‘A’]
Form for application/request for obtaining information
(Rule 3)

To
The Public Information Officer/The Assistant Public Information Officer
1. Name of the Applicant :
2. Address :
3. Particulars of information :
(a) Concerned department
(b) Particulars of Information required
(i) details of information required
(ii) period for which information asked for
4. I state that the information sought does not call within the restriction contained in section 6 of the Act and to the best of my knowledge it pertains to your office.
5. A fee of Rs. …………….. has been deposited in the office of the authorized person vide No ………………. dated………………..
Dated:
Signature of the Applicant

[Form ‘B’]
Outside the jurisdiction of the authorized person
To
Sir /Madam
Please refer to your application, I.D. No. ………………… dated ……………………. addressed to the undersigned regarding supply of information on…………………
2. The requested information does not fall within the jurisdiction of this authorized person/is more closely connected with another public authority and, therefore, your application is being sent/transferred to……………. the concerned authorized person for necessary action.
3. You are requested to contact the abovementioned public author-ity/authorized person.
Yours faithfully
Dated:
Place:

[Form ‘C’]
Rejection Order
[Rule 5]
Date…………………
To
Sir/ Madam,
Please refer to your application, I.D. No. ……………….. dated …………………..addressed to the undersigned regarding supply of information on…………………
2. The information asked for cannot be supplied due to following reasons:
(i)
(ii)
3. As per section 19 of the Right to Information Act, 2005, you may file an appeal to the Appellate Authority within thirty days of the issue of this order.
Yours faithfully,
Dated:

Place:

[Form ‘D’]
Form of supply of information to the applicant
[Rule 4]
Date …………………
To
Sir/Madam,
Please refer to your application, I. D. No…………. dated………………. addressed to the undersigned regarding supply of information on………………….. .
2. The information asked for is enclosed for reference.
or
[The following partly information is being enclosed]
(i)
(ii)
The remaining information about the other aspects cannot be supplied due to following reasons:
(i)
(ii)
(iii)
3. The requested information does not fall within the jurisdiction of this authorized person.
4. As per section 19 of the Right to Information Act, 2005, you may file an appeal to the Appellate Authority within thirty days of the issue of this order.
Yours faithfully,
Dated :
Place :
Strike out if not applicable.

[Form ‘E’]
Appeal under section 19 of the Right to Information Act, 2005
[Rule 6]

Date ………………..
To
Appellate Authority
Address :
1. Name of the Applicant
2. Address
3. Particulars of the authorised person
(a) Name
(b) Address
4. Date of submission of application in Form A
5. Date on which 30 days from submission of Form A is over
6. Reasons for appeal
(a) No response received in Form B, or C within thirty days of submission of Form A [5(1)(a)]
(b) Aggrieved by the response received within prescribed period [5(1) (b)]
[copy of the reply receipt be attached]
(c) Grounds for appeal
7. Last date for filing the appeal [See Rule 5(3)]
8. Particulars of information
(i) information requested
(ii) subject
(iii) period
9. A fee of Rs. 50 for appeal has been deposited with the authority vide Receipt No…………… dated …………….
Dated:
Place:
Signature of Appellant