HANDBOOK

(For PIOs and Appellate Authorities in Courts in the

State of Haryana under the RTI Act 2005)

Deciding Applications/Appeals
seeking information under the
Right to Information Act 2005

Prepared By

B M Lal
Faculty Member
Chandigarh Judicial Academy
 THE RIGHT TO INFORMATION ACT 2005

1. Applications seeking information

An application seeking information is made under section
6 of the RTI Act 2005 to either i) The public information officer
or ii) The assistant Public Information Officer of the Public
Authority concerned. Where the application is made to an
Assistant Public Information Officer, he has to forward it to the
Public Information Officer for decision. An Assistant Public
Information Officer cannot himself allow or reject the
application.
Application under section 6 of the RTI Act 2005 is to be
made in writing, in English, Hindi or in the official language of
the area where it is made. In case it is not in one of the
languages mentioned hereinabove, it can be returned. But
where an application for information under the Act cannot for
some good reason be made in writing, the Public Information
Officer shall render all assistance to the information seeker to
reduce the request in writing from the oral accounts given by
the information seeker.
The application seeking information must be
accompanied by such fee as may be prescribed by the Rules
framed under the RTI Act 2005. In so far as subordinate courts
in the States of Punjab & Haryana are concerned the relevant
Rules are:-
i) Punjab Subordinate Courts (Right to Information) Rules
2007 and
ii) Haryana Subordinate Courts (Right to Information) Rules
2007
The table of fees payable under the RTI Act for making
the information applications and prescribing fees towards the
cost of information is mentioned in Rule 7 of the
aforementioned Rules.
If the application is made for information which is held by
some other Public Authority, the application should be
transferred by the Public Information Officer to such other
 Public Authority within five days and the applicant should be
intimated about the transfer forthwith.
2. Disposal of Information Requests:
The Public Information Officer must decide the
information request as expeditiously as possible. The
application, however cannot be kept pending for more than
thirty days. And where the information sought concerns the life
or liberty of a person, the same has to be provided within forty
eight hours of the receipt of the request.
Where the Public Information Officer decides to provide
the information to the information seeker, he shall work out the
cost of providing information (as per the applicable Rules) and
intimate the applicant accordingly. The applicant shall also be
requested to deposit/pay the requisite amount of fee so that the
information can be sent to him by the Public Information Officer.
The period between the dispatch of this intimation and payment
of fee shall be excluded for the purpose of calculating the
period of thirty days as specified in section 7 of the RTI Act
2005 for providing the information.
While deciding the application seeking information, the
Public Information Officer must carefully peruse provisions of
sections 8 & 9 of the RTI Act 2005. There is no obligation upon
him to provide information that is exempted under these
sections. It must also be kept in mind that in cases falling under
clauses (a) to (i) of Section 8 (1) of the RTI Act 2005, the PIO is
debarred from providing the exempted information. The PIO
must also be mindful that right to seek information under the
RTI Act 2005 has been conferred upon the citizens of India.
Section 6 of the Act however permits any person to apply for
information under the Act. The term ‘Person’ is wider than the
term ‘Citizen’. Construing sections 3 and 6 of the RTI Act 2005
harmoniously, it can be inferred that an RTI application shall not
be maintainable at the behest of an alien/citizen of a foreign
country. It would however be maintainable by individuals,
groups of individuals, clubs, societies or companies constituted
predominantly by citizens of India.
 The PIO should also not decide to provide the information
relating to third parties without giving notice and an opportunity
of hearing to them.
Where the PIO decides to reject the information request,
he is statutorily obliged to communicate to the person making
the request:-
(i) The reasons for rejection,
(ii) The period within which an appeal against such
rejection may be preferred, and
(iii) The particulars of the appellate authority.

3. First Appeals
Where the PIO rejects the information request or the
applicant does not receive any decision from him within the
specified period the aggrieved person can prefer an appeal
before the Appellate Authority appointed by the Public Authority
concerned. The limitation for preferring the appeal is thirty days.
The Appellate Authority may however admit the appeal after the
expiry of thirty days where the appellant was prevented by
sufficient cause from filing the appeal within time.
The first appeal is required by the RTI Act 2005 to be
disposed of within thirty days of the receipt of the appeal. This
period is extendable to forty five days for reasons to be
recorded in writing.
4. Penalties
In case the Public Information Officer, without any
reasonable cause refuses to receive an application for
information or does not furnish the information within the time
specified under section 7 of the Act or melafidely denies the
request for information or knowingly gives incorrect, incomplete
information or destroys information which was the subject of the
request, the Information Commission can penalize the PIO. The
proceedings in this behalf can be initiated under section 20 of
the RTI Act 2005. A penalty of Rs. 250/- each day till the
application is received or information is furnished shall be
imposable. This, however, would be subject to a ceiling of Rs.
25000/-. Before imposing penalty as aforementioned the
Information Commission shall afford to the Public Information
concerned a reasonable opportunity of being heard. The
burden of proving that the PIO acted reasonably and diligently
while dealing with the information request shall be upon him.
Where at the time of deciding complaint or appeal, the
Information Commission is of the opinion that The PIO has
without any reasonable cause and persistently failed to
discharge his duty as per the statute, the Information
Commission might recommend taking of disciplinary action
against the PIO under the Service Rules applicable to him.

BM LAL
Faculty Member
Vol. IV 1 Ch. 5-G
[1]
PART G—Haryana Subordinate Courts (Right To
Information) Rules, 2007

In exercise of powers conferred by sub-section(1) of Section

28 read with Section 2(e) of the Right to Information Act, 2005 (22
of 2005), Hon’ble the Chief Justice and Judges of the High Court
of Punjab and Haryana are pleased to make the following rules,
namely:-

1. (i) These rules shall be called the “Haryana Subordinate Short title and
Courts, (Rights to Information) Rules, 2007.” commencement.

(ii) These rules shall come into force from the date of
their publication in the Official Gazette.
(iii) These rules shall be applicable to all the
Subordinate Courts in the State of Haryana.

2. (i) In these rules, unless the context otherwise requires: Definitions.

(a) ‘Act’ means the Right to Information Act, 2005 (22 of

2005);
(b) ‘Appendix’ means the appendix appended to these rules;
(c) ‘Authorized Person’ means Public Information Officer and
Assistant Public Information Officer designated as such
by the Hon’ble Chief Justice and Judges of the High
Court;
(d) ‘Appellate Authority’ means designated as such by the
Hon’ble Chief Justice and Judges of the High Court;
(e) ‘Administrative Officer’ means the Chief Administrative
Officer/ Superintendent of the Office of District &
Sessions Judge;
(f) ‘Chief Ministerial Officer’ means (the Senior most official
out of cadre of Readers/Judgment Writers/
Stenographers as the case may be) of the Court presided
over by the senior most judicial Officer at the station
having more than one Court other than the District
Headquarters and the Chief Ministerial Officer of the
Court where there is only one Court at a station;
(g) ‘Competent Authority’ means the Hon’ble
Administrative Judge of the concerned Sessions
Division as a delegatory of the competent authority
as defined in the Act;
[1] Inserted vide Correction Slip No. 140 Rules/II.D.4 dated 14.08.2007
 Vol. IV 2 Ch. 5-G

(h) ‘Form’ means a form appended to these rules;

(i) ‘High Court’ means the High Court of Punjab and
Haryana;
(j) ‘Section’ means the section of the Act.
(ii) Words and expressions used but not defined in these
Rules, shall have the same meanings assigned to them
in the Act.
[1]
3. Any person seeking information under the Act,
shall make an application in Form 'A' or on a plain paper or
through electronic medium in English or Hindi or Punjabi,
during office hours on any working day and shall deposit
application fee as per Rule 7 by paying fee in cash or by
adhesive court fee, or in any other form so determined by
the competent authority from time to time.
No application shall be rejected on the ground that the
same has not been made in Form “A”.
Provided that a person, who makes a request through
electronic form, shall ensure that the requisite fee is
deposited with the authorized person, in the manner
mentioned above, within seven days of his sending the
request through electronic form, failing which, the
application shall be treated as dismissed:
Provided further that the date of application in such
case shall be deemed to be the date of deposit of the entire
fee or the balance fee or deficit amount of the fee to the
authorized person.

Exemption from [2]

disclosure of
4. The information specified under Section 8 of the Act
Information. shall not be disclosed and made available and in particular
the following information shall not be disclosed:-
[3]
1. The Information which relates to judicial functions
and duties of the Court and matters incidental and
ancillary thereto and of confidential nature shall not
be disclosed in terms of Section 8(1)(b) of the Act.
1. Amended vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014
2. Substituted vide Correction Slip No. 159 Rules/II.D.4 dated 08.05.2012
3. Amended vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014
Vol. IV 3 Ch. 5-G
Provided that the question as to which information
relates to judicial functions, duties of Court and
matters incidental and ancillary or of confidentiality
shall be decided by the Competent Authority or his
delegate, whose decision shall be final.
[1]
(2) Any information affecting the confidentiality of any
examination/selection process conducted by the
District & Sessions Judge under Haryana
Subordinate Courts Establishment (Recruitment
and General Conditions of Service) Rules, 1997 as
amended from time to time.
The question of confidentiality shall be decided by
the Competent Authority and in case of the
information relating to a Sessions Division by the
Administrative Judge of the said Sessions Division
acting as a delegate of the competent authority,
whose decision shall be final.
[2]
5. Deleted.
[3]
6. (i) Where the requested information does not fall Disposal of
application by the
within the jurisdiction of the authorized person and (a) which authorized
is held by another public authority; or (b) the subject matter person.
of which is more closely connected with the functions of
another public authority, the authorized person, to whom
such application is made, shall transfer the application
alongwith fee or such part of it as may be appropriate to that
other public authority in Form 'C' as soon as practicable, but,
in no case, not later than five days from the date of receipt of
the application.
(ii) If the requested information falls within the
authorized person’s jurisdiction and also in one or more of
the categories of restrictions listed in Sections 8 and 9 of the
[4]
Act and exemptions detailed in Rule 4 ibid, the authorized
person, on being satisfied, will issue the rejection order in
Form 'D' as soon as practicable, normally within fifteen days
1. Substituted vide Correction Slip No. 162 Rules/II.D.4 dated 25.07.2012
2. Deleted vide Correction Slip No. 159 Rules/II.D.4 dated 08.05.2012.
3. Amended vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014.
4. Amended vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014.
 Vol. IV 4 Ch. 5-G
and in any case not later than thirty days from the date of
the receipt of application.
[1]
(iii) If the requested information falls within the
authorized person’s jurisdiction, but not in one or more of the
categories listed in Sections 8 and 9 of the Act and Rule 4
ibid, the authorized person, on being so 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 authorized person or
partly falls in the categories listed in Sections 8 and 9 of the
Act, the authorized person shall supply only such
information as is permissible under the Act and is within his
own jurisdiction and shall transfer such part of the
application as may be appropriate to that other public
authority as soon as practicable, but, in no case, not later
than five days from the date of receipt of the application.
(iv) 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
authorized person, before collection of the information. A
proper acknowledgement shall be obtained from the
applicant in token of receipt of information.
[2]
(v) Deleted.
[3]
Charging of Fee. 7. (i) The authorized person shall charge the fee for supply
of information at the following rates, :-
Sr. No. Description of information Price/fees in rupees
(A) Where the information is available in the On printed price.
form of a priced publication
(B) For other than priced publication (a) Rupees ten as application fee;
(b) Rupees two per page;
(c) actual charge or cost price of a copy in
larger size paper;
(d) actual cost or price for samples or
models.
(C) Where information is available in electronic Rupees twenty five per CD.
form and is to be supplied in electronics
form e.g. Floppy, CD etc
(D) Information relating to tenders documents Rupees one hundred per application.
/bids/quotation/Business contract

1. Amended vide Correction Slip No. 175 Rules/II.D4 dated 31.03.2014.

2. Deleted vide Correction Slip No. 159 Rules/II.D4 dated 08.05.2012.
3. Amended vide Correction Slip No. 175 Rules/II.D4 dated 31.03.2014.
Vol. IV 5 Ch. 5-G
[1]
(ii) For inspection of documents or records, no fee for
the first hour; and a fee of Rupees five for each subsequent
hour (or fraction thereof).
(iii) The fees given above may be varied/enhanced by the
competent authority from time to time.
(iv) Every page of information to be supplied shall be duly
authenticated and shall bear the seal of the officer concerned
supplying the information.
(v) During inspection the applicant shall not be allowed
to take the photograph of the record/document. The
applicant shall not cause any hindrance to the office work
and shall cooperate with the staff and complete the
inspection as soon as possible. The Public Information Officer
concerned shall have the right to fix the time and date of the
inspection according to administrative convenience and
his/her decision shall be final.
[2]
(vi) Omitted.
[3]
8. (i) Any person- Appeal

(a) who fails to get a response from the authorized

person within thirty days of submission of an
application as per Rule 3; or
(b) is aggrieved by the response received within the
prescribed period;
he may prefer an appeal in Form `F’ or on a
plain paper to the Appellate Authority.
(ii) 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 authorized
person concerned.
(iii) In case the appeal is allowed, the information shall
be supplied to the applicant by the authorized person within
such period as may be ordered by the Appellate Authority.
1. Amended vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014.
2. Omitted vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014.
3. Amended vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014.
 Vol. IV 6 Ch. 5-G
This period shall not exceed thirty days from the date of the
receipt of the order.
Penalties. 9. (i) 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.
(ii) 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.
Suo motu 10. (i) The public authority shall suo motu publish
publication of
information by
information as per sub-section (1) of Section 4 of the Act by
public authorities. 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.
(ii) 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.
Maintenance of 11. (i) The authorized person shall maintain records of
Records.
all applications received for supply of information and fee
charged.
(ii) The appellate authority shall maintain records of all
appeals filed before it and fee charged.
Vol. IV 7 Ch. 5-G
FORM A
Form of application for seeking information
(See rule 3)

I.D. No.__________

(For Official use)

To

The authorized person,

_____________________

1. Name of the Applicant

2. Address

3. Particulars of information sought-

(a) Concerned department District Courts-Sub Divisional Courts

(b) Period for which information is sought

(c) Other details, if any

4. A Court fee of Rs……..has been affixed on the application.

Place : Signature of Applicant

Date : E-mail address, if any:
Telephone No. (Office) :
(Residence) :

Note:

(i) Please ensure that the Form A is complete in all respect and there
is no ambiguity in providing the details of information required.
Vol. IV 8 Ch. 5-G

FORM B

Acknowledgement of Application in Form A

I.D. No. Dated

1. Received an application in Form A from Mr./Ms. resident of under

Section……………………..of the Right to Information Act, 2005.

2. The information is proposed to be given normally within fifteen

days and in case within thirty days from the date of receipt of
application and in case it is found that the information asked for
cannot be supplied, the rejection letter shall be issued stating
reason thereof.

[1]
3. The applicant is advised to contact the undersigned ……………on
any working day during office hours.

4. In case the applicant fails to turn up on the scheduled date(s), the

undersigned shall not be responsible for delay, if any.

5. The applicant shall have to deposit the balance fee, if any, before
collection of information.

6. The applicant may also consult Web-site of the department from

time to time to ascertain the status of his application.

Signature & Stamp of the

Authorised Person
E-mail
Web-site
Telephone No.
Dated:

1. Amended vide Correction slip No. 175 Rules/II.D.4 dated 31.03.2014.

Vol. IV 9 Ch. 5-G
[1]
FORM C
Transfer of application outside the Jurisdiction of the authorized
person
[rule 6( i)]

I.D. No. Dated:

(For Official use)

Ref. No.

Sub:- Request for information (under RTI Act, 2005) from Mr./Ms.
_________________ Received in this Office on
________________________.

Sir/Madam.

1. I am forwarding herewith an application/request for

information (under RTI Act, 2005) received from Mr./Ms.
_____________________________ Son/Daughter/Wife of
_____________ resident of ________________.

2. The subject matter of the information requested by the above

applicant is related to your Department/Office/Organization/
Institution__________________ which pertains to or partly
pertains to _______________________________.

3. The required information and/or an appropriate reply may be

supplied to the applicant, under intimation to the
undersigned.

Encl: As above
Yours faithfully,
Authorised Person:
E-mail address:
Web-site:
Telephone No:

Copy to: The Applicant

Yours faithfully,
Authorised Person:
E-mail address:
Web-site:
Telephone No:

1. Substituted vide Correction Slip No. 175 Rules/II.D4 dated 31.03.2014.

Vol. IV 10 Ch. 5-G
FORM D
Rejection Order
[Rule 6(ii)]

No._________ Dated__________

From
____________________
____________________
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,
Authorised Person
E-mail address :
Web-site :
Telephone No. :
Vol. IV 11 Ch. 5-G

FORM E
Form of Supply of information to the applicant
[Rule 6(iii)]

No.__________ Dated________

From
________________
________________
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.*

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 the undersigned.*

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,
Authorised Person
E-mail address :
Web-site :
Telephone No. :

*Strike out if not applicable.

Vol. IV 12 Ch. 5-G
FORM F
Appeal under Section 19 of the Right to Information Act, 2005
[(Rule 8(i)]

To I.D. No.________
(For official use)

Appellate Authority
Address:

1. Name of the Applicant

2. Address
3. Particulars of the authorized 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 [8(i)(a)].
(b) Aggrieved by the response received within prescribed period [8(i)(b)]
[copy of the reply received be attached]
(c) Grounds for appeal.

7. Last date of filing the appeal. [See Rule 8(iii)]

8. Particulars of information:-

(i) Information requested

(ii) Subject
(iii) Period
[1]
9. Omitted.

Place : Signature of Appellant

Date : E-mail address, if any:
Telephone No. (Office) :
(Residence) :

Acknowledgement

I.D. No.________ Dated__________

Received an Appeal application from Shri/Ms.________ resident

of__________ under Section 19 of the Right to Information Act, 2005.

Signature of Receipt Clerk

Appellate Authority
Telephone No. :
E-mail address, Web-Site

1. Omitted vide Correction Slip No. 175 Rules/II.D.4 dated 31.03.2014.