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Right to Information
The
following Rules are applicable under the
Maharashtra Right to Information Act, 2002 (31
of 2003)
As per Section 21 of the said Act
RULES
UNDER THE ORDINANCE
GENERAL ADMINISTRATION DEPARTMENT,
MANTRALAYA, MUMBAI 400 032
Dated the 25th September 2002
NOTIFICATION
MAHARASHTRA
RIGHT TO INFORMATION ORDINANCE, 2002
No
RTI. 2002/C.N.89/2002/5 . - In exercise of the
powers conferred by subsection (1) of section 18 of the
Maharashtra Right to Information Ordinance,
2002. (MA. Ord. X of 2002);
and of all other powers enabling it in this
behalf, the Government of Maharashtra hereby
makes the following rules (being made for the
first time) without previous publication in
accordance with the provisions of subsection (2)
of the said section 18, namely:-
1.
Short title -
These rules may be called the Maharashtra Right
to Information Rules, 2002.
2.
Definitions - 1)
In
these rules, unless the context otherwise
requires
(a)
"
Annexure ,, means the
Annexures appended to these rules ;
(
b )
Ordinance means the Maharashtra Right to
Information Ordinance, 2002 (Mah. Ord. X of
2002);
(c)
"Lokayukta" means Lokayukta of
the Maharashtra State appointed under section 3
of the Maharashtra Lokayukta and Upa-Lokayuktas
Act, 1971
(Mah. XLVI of 1971);
(d)
``Upa-Lokayukta'' means Upa-Lokayukta of the
Maharashtra State appointed under section 4 of
the Maharashtra Lokayukta and Upa-Lokayuktas
Act, 1971
(Mah. XLVI of 1971).
(2)
Words
and expressions used in these rules but not
defined shall have the same meanings
respectively, assigned to them, in the
Ordinance.
3.
Procedure for designating Public Information
Officers -
(1) The
Competent Authority shall designate one or more
of its officers as the Public Information
Officer for each or all its administrative units
and offices under him at various levels like Village, Taluka, Sub-Division, District and Regional
Division.
(2)
The
Competent Authority shall display or cause to be
displayed at prominent place in the premises of
every office or unit of offices under him the
details of the concerned Public Information
Officer such as the name, designation and
address, etc.
4.
Preparation of list of Public Information Officers -
(1) Every
Competent Authority shall prepare a list of all
the Public Information Officers designated by
him from time to time.
(2)
The
list shall also contain the names, designations,
addresses and the administrative units and
offices under such authority.
(3)
The
list prepared by the. Competent Authority under
sub-rule (1) shall be kept available for
information of general public.
5.
Appellate authority -
(1) Every
appeal under section 11
of the Ordinance shall lie to the concerned
Competent Authority mentioned in clause (3) of section 2 of the Ordinance or to the Officer or Officers
authorised by him, by general or special order
issued in this behalf, for the purposes of this
Ordinance.
(2)
The
Competent Authority, shall authorise its
officers as the appellate authorities under
clause (1) of section 2 of the Ordinance,
generally in the following manner, namely :-
i)
the first appeal against the decisions of all
the village and taluka level Public Information
Officers may be preferred t o the Sub-Division
level officer ;
(ii)the
first appeal against the decisions of
Sub-Division level Public Information Officers
may be preferred to the District levelofficer ;
(iii)
the first appeal against the decisions
of the District level Public Information
Officers may be preferred t o the Regional or
Divisional level officer ;
(iv)
the first appeal against the decisions
of the Regional or Divisional level Public
Information Officers may be preferred to the
Head of the concerned Department ;
(v
) the
first appeal against the decisions of the Public
Information Officers at the level of the
Administrative Department may be preferred to
the Head of the concerned Administrative
Department.
6.
Procedure for seeking information -
(1) Any person desirous of obtaining information as provided under the
provisions of the Ordinance shall, apply to the
concerned Public Information Officer on plain
paper in the format given in Annexure ‘A ’
by affixing a court fee stamp of rupees ten.
(2)
The Public Information Officer on receiving the
application under sub-rule (1) shall, subject t
o the provisions of sections 7 and 8, call and
compile the requisite information and shall,
also assess the amount of fees which will be
required to be paid by the applicant as per
sub-rule (3).
(3)
After the Public Information Officer has
compiled the requisite information, he shall
send an intimation to the applicant in the
format given in Annexure ‘ B ’ within a
period of fifteen days from the date of receipt
of the application informing him the amount of
fees payable by him as per the Schedule appended
to these rules, for the supply of such
information to him by the Public Information
Officer and the date by which he should make the
payment and collect the information.
(4)If
the information sought for by the applicant
cannot be supplied without the assistance of an
employee or officer, and such employee or
officer fails to supply the required information
or to render the assistance within the period
specified in sub-section (2)of section 6, then
such employee, or as the case may be, the
officer [being the person covered by clause (7)
of section 2 of the ordinance], shall be liable for penalty under the Ordinance.
(
5 )
The applicant shall pay the requisite
fees as informed by the Public Information
Officer either by way of money order or by
making cash payment in the office of the
concerned Public Information Officer or make
payment in the Treasury.
(6)
The amount of fees received from the
applicants by the Public Information Officers
shall be deposited in the budget head No. "0070-Other
Administrative Services, 60-Other Services, 800
- 0ther receipts, (18)-Right to Information
Ordinance, 2002 (0070-016-1)"
(7)
On receiving of the payment or on receiving the
copy of chalan showing payment of fee in treasury, the Public Information
Officer shall forthwith supply the information
to the applicant either in person or by post.
7
. Procedure for filing an appeal - (1
)
Any person aggrieved by an order of the
Public Information Officer under sub-section (3)
of section 6
may, prefer an
appeal to the concerned appellate authority on
plain paper in the format given in Annexure C
", affiing a court fee stamp of rupees
twenty, with a copy of such order.
(2)
Every order passed by the appellate
authority shall be communicated to the appellant
concerned and also to the Public Information
Officer against whose order the appeal
preferred.
(3)
Any person aggrieved by an order of the
appellate authority under sub-section (2) of
section 11 may, prefer an appeal t o the
Lokayukta or Upa-Lokayukta, as the case may be,
on plain paper in the format given in Annexture
" D ",
affixing a court fee
stamp of rupees twenty, with a copy of such
order.
(
4) The Lokayukta or Upa-Lokayukta, as the case
may be, after giving the person or persons
affected a reasonable opportunity of being
heard, pass such order as he may deem fit.
(5)
Every order of the Lokayukta or
Upa-Lokayukta, as the case may be, shall be
communicated to the appellant concerned and also
to the appellate authority against whose order
the appeal was preferred.
8. Maintenance
of register by Public Information Officer -
Every Public Information Officer shall maintain
a register in the format given in Annexure E in
respect of the applications received for seeking
the information under the Ordinance.
********************************************
Annexture
A
[See rule 6(1)]
Format of Application form under
the
Maharashtra Right of Information Rules, 2002
Affix court fee
stamp of Rs 10
To
The
Public Information Officer,
(Name
of the office with address)
(1)
Full name of the applicant
(2)
Address
(3)
Particulars 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).
(vi)
Purpose for which the information is
required.
Signature
of the applicant.
Place
Date
*
Broad
category of the subject to be indicated (such as
grant of Government Iand/ Service
matters/
Licenses etc.)
#
Relevant
period for which information is required
to be indicated.
$
Specific details of the information is required
to be indicated.
**************************************
ANNEXURE
-B
[See rule
6(3)]
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 on..
.......................... The above information
is ready to be supplied to you. The additional
fee for supplying this information to you is Rs
............................
You
are requested t o pay the fee at this Office or
send a money order or make payment in a
Government Treasury and send a copy of the chalan
to this office and
collect the information.
The
amount of fees shall be deposited in the budget
head No. "
0070- Other
Administrative Services, 60-Other Services,
800-Other receipts, (18)-Right t o Information
Ordinance, 2002 (0070-016-1)".
Please
make the payment on or before
...............................
Public
Information Officer.
***************************************
ANNEXURE-C
[See rule 7
(1)]
Affix
court fee stamp of Rs 20
Appeal
under section l l ( 1 ) of the Maharashtra Right
to Information Ordinance,2002.
From
: ..............................
(Applicant's
name and address)
To
: .................................
(Name/designation/address
of the appellate authority)
-
Full
name of the Appellant
(2)
Address
(3)
Particulars of the Public Information Officer.
(4)
Date of receipt of the order appealed
against.
(5)
Last date for filing the appeal
(6)
Particulars of information -
(i)
Nature and subject matter of the
information required.
(ii) Name of the office or Department to which
the information relates :
(iii) Purpose for which the information is
required.
(iv) The grounds for appeal
DECLARATION
I,
...............................................
(Name of the appellant), son of/ daughter
of/wife of ........................................
hereby declare that
the particulars furnished in the appeal are t o
the best of my knowledge and belief, true and
correct and that I have not suppressed any
material fact.
Signature
of the Appellant.
Place
Date
To
.............................................
(Name and address of
Appellate authority).
**************************************
ANNEXURE-D
[See rule
7(3)1
Appeal under section 11(3)
of the
Maharashtra
Right to Information Ordinance, 2002.
From
............................
(Applicant's
name and address)
To
.....................................
(Lokayukta,
Maharashtra State)
(1).Full
name of the Appellant
(2)
Address
(3)
Particulars of the Appellate authority :
(4)
Date of receipt of the order appealed against:
(5)
Last date for filing the appeal
(6)
Particulars of Information-
(i)
Nature and subject matter of the
information required:
(ii) Name of the Office or Department to which
the information relates :
(iii) Purpose for which the information is
required.
(iv) the grounds for appeal
Signature
of Appellant.
Place
Date
DECLARATION
I
................................................
(Name of the
appellant), son of /daughter of/ wife of ....................................
hereby declare that
the particulars furnished in the appeal are to
the best of my knowledge and belief, true and
correct and that I have not suppressed any
material fact.
Signature
of the Appellant.
Place
Date
To..
..........................................
.(Lokayukta,
Maharashtra State).
*******************************************
SCHEDULE
See
Rule 6 (3)
Serial No; Description of the Document; Fees in
Rupees (in that order)
1
When the concerned department has already fixed
the price of some documents, map, etc.
The
price so fixed+Postage charges (unless collected
personally).
2.
When the information is readily available either
by Xeroxing, copying or by other way (copy)
0.50
Paisa per page + Postage charges (unless
collected personally). .
3.
If the information is not readily available and
needs to be collected.
Rs.
2 Per page +
Postage charges
(unless
collected personally).
By
order and in the name of the Governor of
Maharashtra,
GOPALCHANDRA
TRIPATHY,
Principal
Secretary to Government.
GENERAL
ADMINISTRATION DEPARTMENT
Mantralaya,
Mumbai 400 032, dated the 25th September 2002
**********************************************
NOTIFICATION
MAHARASHTRA
RIGHT TO INFORMATION ORDINANCE, 2002.
No.
RTI. 2002/C.N.B9/2002/5.
In
exercise of the powers conferred by sub-section
(2) of section 2 of the Maharashtra Right to
Information Ordinance, 2002 (Mah. Ord. X of
20021, the Government of
Maharashtra
hereby constitute the following Committee,
namely :- I
(
a )
Additional Chief
Secretary, Home Department …. Chairman
(
b )
Principal
Secretary and Special Enquiry Officer (2)
General
Administration Department …… Member
(c)
Principal
Secretary or Secretary (Legislation) ... Member
Law
and Judiciary Department …… Member
By
order and in the name of the Governor of
Maharashtra,
GOPALCHANDRA
TRIPATHY,
Principal
Secretary to Government.
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