PUNJAB
GOVT. GAZ. (EXTRA.) , OCTOBER 12,2005 529
(ASVINA 20, 1927
SAKA)
---------------------------------------------------
GOVERNMENT OF PUNJAB
DEPARTMENT OF INFORMATION TECHNOLOGY
(ADMINISTRATIVE REFORMS
The 12th October, 2005
No. G.S.R. 28/C.A. 22/2005/S. 27/2005- In exercise
of the powers conferred by sub-section (1) section 27 of the Right to information
Act. 2005/Central Act No. 22 of 2005). And all other powers enabling him
in this behalf,the Governor of Punjab is pleased to make the following
rules to provide for the matters specified in sub-section(2) of the said
section,namely:-
1.Short
title and commencement
2. Definitions
3. Application for obtaining
information
4. Deposit fee
5. Quantum of fee
6. Procedure to
be followed in deciding appeal
7. Mode of serving notice
1.Short
title and commencement
(1) These rules may be called the Punjab Right
to Information Rules, 2005.
(2) They shall come into force on and with effect
from the 12th day of October, 2005.
2. Definitions
(i) In these rules, unless the context otherwise
requires-
(a) "Act" means
the Righ to Information Act,2005 (Central Act No.22 of
2005)
(b) "Commission" means the Punjab
Information Commission Constituted under
section 15 of the Act ;
(c) "Form" means a Form,
appended to these rules; and
(d) "Section" means a
section of the Act.
(2) The words and expressions
used in these rules, but not defined.
Shall have the same meaning
as assigned to them in the Act.
(3)
Application for obtaining information
(1) Aperson, who section 2(m)6 and 27 desires to obtain any information admissible under the Act, shall make an application in Form 'A' to the State Public Information Officer alongwith a fee, as specified in rule 5 of these rules.
(2) On the receipt of an application, made under
sub-rule (1), the State Public Information Officer shall give a receipt
in token thereof to the applicant.
Section 6 4.
Deposit of fee
(1) The fee may deposited either in cash or by
draft or cheque or treasury challan.
(2) The amount of fee shall be credined to the
account of the concerned public authority.
(3) On receipt of an application, submitted
under sub-rule (1) of rule 3, the State Public Information Officer shall
seurtinise the application and shall assess how much fee is required to
be paid by the applicant for obtaining the information.
(4) The fee, assessed under sub-rule (3), shall be informed to the applicant by the State Public Information Officer in Form 'B' within a period of seven days from the receipt of application.
(5) In case the applicant falls to deposit
the requisite for within a period of fifteen days after the issuance of
the intimation given to him under sub-rule (4), it shall construed
that the application is no longer interested in obtaining the information,sought
for,and his application shall be deemed to have been filed.
Section 6 and 7, 5.
Quantum of fee
(1) An application for obtaining any information
under sub-section (1) of section 6 shall be accompanied with a fee of rupees
fifty.
(2) For providing an information under sub-section
(1) of section 7, the fee shall be charged
from the applicant at the following rates, namely :-
(a) Rs. 10 for each page.in A-4 or A-3 size paper,created
or copied ; and
(b) If information is to be provided on a large size of paper than that of specified in clause (a), the actual cost price of such a paper shall be charged.
(3) For providing an information under sub-section
(5) of section 7, the fee shall be charged from the applicant at the following
rates, namely :-
(a) Rs. 50 for providing information in floopy
;
(b) Rs. 100 for providing information in diskette
; and
(c) If information sought is of such a nature. Which is contained in a printed document of which a price has been fixed. Then that information will be provided after charging the price, fixed for that printed document. However, if only an extract or page of such a printed documents is asked for then a fee of Rs 10 per page shall be charged from the applicant
(4) No fee for inspection of record shall be charged,
If such an inspection is made for one hour only. However, if inspection
is made for a period of more than one hour, then a fee of rupees ten shall
be charged for every fifteen minutes in excess of first hour. Every fraction
of the period above fifteen minutes,shall be construed as a complete period
of fifteen minutes and it shall be charged as full period of fifteen minutes.
6. Procedure to be followed in deciding appeal
Before deciding an Section19(10) appeal, the Commission shall,-
(a) Serve notice to the concerned persons ;
(b) Entertain any evidence in support of appeal,
which may be oral or in writing from the concerned persons ;
(c) Examine on oath or by having affidavits from
the persons concerned ;
(d) Peruse or inspect the documents or any records
or copies thereof ;
(e) Inquire through the authorized officer the
facts of an appeal or may require facts in detail, if it so deems appropriate,
hear the State Public Information Officer or any otherwise senior officer,
who had decided the first appeal, as the case may be ; and
(f) Receive evidence on affidavits from the State
Public Informaton Officer or any senior officer,who had decided the first
appeal or from any other person from whom the evidence may be deemed necessary.
The Commission may serve notice to the section
19(10) person concerned in any of the following modes namely :-
(a) by hand delivery (dasti) through process server ; or
(b) by registered post with acknowledgement
due ; or
( c) by publication in the news paper.
8.
Order by the Commission
(1) The Commission shall make order in
section writing and pronounce the same in the presence of the concerned
parties.
(2) The party concerned may, obtain the copy of the order from the
commission
{ See rule 3 (1) }
To,
The Public Information Officer
Assistant Public Information Officer
(Name of the office with address
(1)Full name of the applicant :
(2) Address
(3) Parties of information required
(i) Subject matter of information *
(ii) The period to which the information relates
* *
(iii) Description of the information required
***
(iv) Whether information is required by post
or in person ("the actual postal charges shall be included in additional
fees)
(v) In case by post (Ordinary Registered or Speed
Post)
Place :
Date :
Signature of the applicant
--------------------------------------------------------------------------------------------------
* Broad category of the subject to be indicated
(such as grant/Government land/Service matters/Licenses etc.)
**Relevant period for which information is required
to be indicated.
***Specific details of the information are required
to be indicated.
-------------------------------------------------------------------------------------------------
ACKNOWLEDGEMENT
Received your application dated __________________________________vide
Dairy No. __________________________dated ________________________
Signatures of Public Information Officer
Assistant Public Informaton Officer.
Name of the Department/Office
From
Designation of the
Public Information Officer
To
(Name of the applicant)
Address of the applicant.
Sir,
Please refer to your application dated ________________ addressed to the undersigned requesting information regarding __________________. The additional fee for supplying this information to you is Rs. ______________.
2. You are requested to pay the fee at this Office or make payment in a Government Treasury through Challan and send a copy of the Challan to this office and collect the information on __________________.
3. The amount of fee shall be deposited in the
budget head No. (to be intimated to the applicant by the concerned departmently).
PUBLIC INFORMATION OFFICER.
B.R.BAJAJ,
Principal Secretary to Government of Punjab,
Department of Information Technology.