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    Rti Rules 2005

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    shamir_ahmedabad
    1) The document outlines the Gujarat High Court (Right to Information) Rules, 2005 which were enacted to facilitate the implementation of the Right to Information Act, 2005. 2) It defines key terms and sets procedures for applicants to submit information requests, for public authorities to process the requests, and for appeals in case of rejections. 3) Exemptions from disclosure are provided for information related to judicial functions, confidential examinations, and information whose disclosure could constitute contempt of court.

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    © All Rights Reserved
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    Rti Rules 2005

    Uploaded by

    shamir_ahmedabad
    77 views7 pages
    1) The document outlines the Gujarat High Court (Right to Information) Rules, 2005 which were enacted to facilitate the implementation of the Right to Information Act, 2005. 2) It defines key terms and sets procedures for applicants to submit information requests, for public authorities to process the requests, and for appeals in case of rejections. 3) Exemptions from disclosure are provided for information related to judicial functions, confidential examinations, and information whose disclosure could constitute contempt of court.

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    RTI 2005 rules

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    RTI_RULES_2005

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    1) The document outlines the Gujarat High Court (Right to Information) Rules, 2005 which were enacted to facilitate the implementation of the Right to Information Act, 2005. 2) It defines key terms and sets procedures for applicants to submit information requests, for public authorities to process the requests, and for appeals in case of rejections. 3) Exemptions from disclosure are provided for information related to judicial functions, confidential examinations, and information whose disclosure could constitute contempt of court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    77 views7 pages

    Rti Rules 2005

    Uploaded by

    shamir_ahmedabad
    1) The document outlines the Gujarat High Court (Right to Information) Rules, 2005 which were enacted to facilitate the implementation of the Right to Information Act, 2005. 2) It defines key terms and sets procedures for applicants to submit information requests, for public authorities to process the requests, and for appeals in case of rejections. 3) Exemptions from disclosure are provided for information related to judicial functions, confidential examinations, and information whose disclosure could constitute contempt of court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 7

    The Gujarat High Court (Right to Information) Rules, 2005

    No. C-3001/2005 In exercise of the powers conferred by Sub-Section


    (1) of Section 28 of the Right to Information Act, 2005, the Chief
    Justice of Gujarat High Court hereby makes the following rules:

    1. Short title and commencement. -

    (1) These rules shall be called the Gujarat High Court (Right to
    Information) Rules, 2005.

    (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 of Gujarat

    (c) ‘authorised person’ means Public Information Officers and


    Assistant Public Information Officer designated as such by the
    Chief Justice of Gujarat High Court;

    (d) ‘form’ means the Form appended to these rules;

    (e) ‘section’ means a section of the Act.

    (2) Words and expressions used but not defined in these rules shall
    have the same meaning as assigned to them in the Act.

    3. Application for seeking information.-

    Any person seeking information under the Act shall make an


    application in Form A to the authorised person and deposit
    application fee as per rule 8 with the authorised person. The

    1
    authorised person shall duly acknowledge the application as
    provided in Form B;

    Provided that a person who makes a request through electronic


    form shall ensure that the requisite fee is deposited in cash with
    the authorised person within seven days of his sending the
    request through electronic form, failing which his application
    shall be treated as dismissed.

    4. Disposal of application by the authorised person.

    (1) If the requested information does not fall within the jurisdiction
    of the authorised person, it shall order return of the application
    to the applicant in Form C as soon as practicable, normally
    within fifteen days and in any case not later than thirty days
    from the date of receipt of the application, advising the applicant,
    wherever possible, about the authority concern to whom the
    application should be made. The application fee deposited in
    such cases shall not be refunded.

    (2) If the requested information falls within the authorised person’s


    jurisdiction and also in one or more of the categories of
    restrictions listed in Sections 8 and 9 of the Act, the authorised
    person, on being satisfied, will issue the rejection order in Form
    D as soon as practicable, normally within fifteen days and in any
    case not later than thirty days from the date of the receipt of the
    application.

    (3) If the requested information falls within the authorised person’s


    jurisdiction but not in one or more of the categories listed in

    2
    Sections 8 and 9 of the Act, the authorised person, on being
    satisfied, shall supply the information to the applicant in Form E,
    falling within its jurisdiction. In case the information sought is
    partly outside the jurisdiction of the authorised person or partly
    falls in the categories listed in Sections 8 and 9 of the Act, the
    authorised person shall supply only such information as is
    permissible under the Act and is within its own jurisdiction and
    reject the remaining part giving reasons therefor.

    (4) The information shall be supplied as soon as practicable,


    normally within fifteen days and in any case not later than thirty
    days from the date of the receipt of the application on deposit of
    the balance amount, if any, to the authorised person, before
    collection of the information. A proper acknowledgment shall be
    obtained from the applicant in token of receipt of information.

    1[(5) Exemption from disclosure of information - The information


    specified under Section 8 of the Act shall not be disclosed and
    made available and in particular the following information shall
    not be disclosed:-

    (a) Any information which is not in the public domain or


    does not relate to judicial functions and duties of the
    Court and matters incidental and ancillary thereto.

    (b) Any information which has been expressly forbidden to


    be published by the Court or the disclosure whereof
    may constitute Contempt of Court; or information
    which includes commercial confidence, trade secrets or
    intellectual property, the disclosure of which would
    harm the competitive position of a third party, unless
    the competent authority is satisfied that larger
    3
    public interest warrants the disclosure of such
    information; or information which would impede the
    process of investigation or apprehension of prosecution
    of offenders; or information which relates to any public
    activity or interest, or which would cause unwarranted
    invasion of the privacy of the individual unless the
    Central Public Information Officer or the State
    Information Officer or the appellate authority, as the
    case may be, is satisfied that the larger public interest
    justifies the disclosure of such information.
    (c) Any information affecting the confidentiality of any
    examination conducted by the Gujarat High Court
    including Gujarat Judicial Service and Gujarat Higher
    Judicial Service. The question of confidentiality shall
    be decided by the Competent Authority whose decision
    shall be final.

    (6) Any information which is to be furnished and access to records


    shall be subject to the restrictions and prohibitions contained in
    rules / regulations and destruction of records in force from time
    to time which may have been notified or implemented by this
    Court.]

    2
    [(7) No Judicial Officer shall be compelled to appear in person before
    any Authority, State Chief Information Commissioner or State
    Information Commissioner under the Right to Information Act,
    2005, if he has made necessary arrangement for production or
    supply of materials required under the said Act.]

    1[ ] Inserted vide High Court Notification No.C.3001/2005, dated 03.04.2007

    2[ ] Substituted vide High Court Notification No.C.3001/2005, dated


    25.09.2007

    4
    5. Appeal.

    (1) Any person—

    (a) who fails to get a response in Form C or Form D from the


    authorised person within thirty days of submission of Form A, or

    (b) is aggrieved by the response received within the prescribed


    3
    period, appeal in Form F to the Appellate Authority [and
    deposit fee for appeal as per rule 8 with the appellate
    authority.]

    (2) On receipt of the appeal, the Appellate Authority shall acknowledge


    the receipt of appeal and after giving the applicant an opportunity of
    being heard, shall endeavour to dispose it of within thirty days from
    the date on which it is presented and send a copy of the decision to
    the authorised person concerned.

    (3) In case the appeal is allowed, the information shall be supplied to


    the applicant by the authorised person within such period as
    ordered by the Appellate Authority. This period shall not exceed
    thirty days from the date of the receipt of the order.

    6. 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 determine by the appellate authority.
    3[ ] Deleted vide High Court Notification No.C.3001/2005, dated 09.11.2006

    5
    (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.

    7. 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 up date 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 authorised
    person and the appellate authority.

    8. Charging of Fee. -

    (1) The authorized person shall charge the fee at the following rates,
    namely:

    (A) Application Fee.

    (i) Information relating to Five hundred rupees


    tenders documents/bids/ per application
    quotation/business contract:

    (ii) Information other than Fifty rupees


    (i) above per application

    6
    (B) Other Fees-

    Sr. Description Price/Fee in


    No. of Information Rupees

    1. Where the information is Price so


    available in the form of fixed
    a priced publication.

    2 For other than priced Five per


    publication rupees page

    3[ (2) The appellate authority shall charge a fee of fifty rupees per
    appeal.]

    9. Maintenance of Records.

    (1) The authorized person shall maintain records of all applications


    received for supply of information and fee charged.

    (2)The appellate authority shall maintain records of all appeals filed


    before it and fee charged.

    3[ ] Deleted vide High Court Notification No.C.3001/2005, dated 09.11.2006

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