Right to Information : Vadodara Muncipal Corporation

1.

Short title and commencement:-

(1) These rules may be called the Gujarat Right to Information Rules, 2005.
(2) They shall come into force on 12th October, 2005.

2.

Definitions:-

(1) In these rules, unless the context otherwise requires, -

(a) ‘Act’ means the Right to Information Act, 2005;
(b) ‘Commission’ means the State Information Commission constituted under section 15 of the Act;
(c) ‘Form’ means form appended to these rules;
(d) ‘fees’ means fees prescribed under rule 5.

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

3.

Application for obtaining information:-

(1) A person who desires to obtain information shall make an application in Form A accompanying with the fees prescribed in rule 5, or through the e-media to the Public Information Officer and the receipt of the application shall be given to the applicant in Form B. The fees may be paid in cash wherever facility for cash receipt is available, or by Demand Draft or by Pay order or in the form of non-judicial stamp.

(2)	(i)	The applicant shall be required to pay the application fee as provided under clause (a) of sub-rule (1) of rule (5). Provided that a person applying through the e-media shall have to pay the fees within seven days from the date of application, failing which the application shall be treated as withdrawn.

	(ii)	The Public Information Officer shall inform the applicant in Form C regarding other fees and charges to be paid as provided under clause (b) of sub-rule (1) of rule-5. Provided that on fees and charges shall be payable by a person belonging to the Below Poverty Line families provided that such person encloses with the application form, a certified copy of the Below Poverty Line Card or a certificate issued in that behalf by the concerned authority.

(3) The fees and charges payable under clause (b) of sub-rule (1) of rule 5 may be paid in cash wherever facility for cash receipt is available, or by demand draft or by pay order.

4.

Disposal of application:-

(1)	The Public Information Officer shall be required to provide the information sought for, to the applicant within thirty days of the receipt of the request in Form ‘D’ or inform the applicant about rejection of application in Form F taking into consideration the provisions of section 8 and 9 of the Act: Provided that the applicant shall be given reasons for not giving the information, which are exempted from disclosure under section 8; or under section 9 of the Act.

(2)	In case where the information sought for does not fall in the jurisdiction of the Public Information Officer to whom the application is made, he shall transfer such application in Form E to concerned Public Authority / Public Information Officer within five days of the receipt of the application and inform the applicant immediately about such transfer. Provided that where the information sought for concerns the life or liberty of a person, the Public Information Officer shall be required to provide such information within forty-eight hours of the receipt of such request or application.

5.

Rates of fees:-

(1) The rates of fees and other charges for obtaining required information and documents shall be as under:

(a) Application fees:-- Rs. 20/- per application
(b) Other fees and charges

Sr. No.

Details of Information required

Price in Rupees

1.

Any information available in the form of publication.

Actual price of publication

2.

Other information / documents

A.	Information provided in
	(i) A4, A3 size paper
	(ii) Larger size paper:

Rs. 2/- per pageAmount of actual cost.

B.	For sample, model or photographs.

	Note: Procedure stipulated by the Department for the sample or the model shall have to be followed.

Amount of actual cost.

C.	Information provided in

No fees for the first half an hour and thereafter Rs. 20/- for each half an hour.

Note: The existing rates of fees for inspection of records shall continue wherever such system or procedure exist and the aforesaid fess shall not be applicable.

D.	For information to be furnished in a floppy or a disc, wherever possible;

Rs. 50/- per floppy of disc.

6.

Appeal:

(1)	Any person aggrieved by a decision of the Public Information Officer in Form D or in Form F, or does not receive any decision, as the case may be, he may prefer an appeal in Form G within thirty days from the date of receipt or non-receipt of such decision, to appellate authority appointed by the Government in this behalf.

(2)	The applicant aggrieved by an order of the appellate authority under sub-rule (1) may prefer the second appeal to the State Information Commission within ninety days from the date of the receipt of the order of the appellate authority giving following details:
	(i) Name and address of the applicant; (ii) Name and office address of the Public Information Officer; (iii) Number, date and details of the order against which the Second appeal is filed; (iv) Brief facts leading the second appeal; (v) Grounds for appeal; (vi) Verification by the appellant; (vii) Any information which commission may deem necessary for deciding the appeal.

(3)	Every appeal made to the Commission shall be accompanied by the following documents:
	(i) Certified copy of the Order against which second appeal is preferred. (ii) Copies of documents referred and relied upon by the appellant along with a list thereof.

(4)	While deciding appeal the Commission may, -
	(i) take oral or written evidence on oath or on affidavit; (ii) evaluate record; (iii) inquire through the authorized officer further details or truthfulness; (iv) summon the Public Information Officer or the appellate authority who has heard the first appeal; (v) hear the third party; and (vi) obtain necessary evidence from the Public Information Officer or the appellate authority who has heard the first appeal.

(5)	The Commission shall serve the notice in any one of the following reasons:
	(i) service by the party itself; (ii) by hand delivery; (iii) by registered post with acknowledgement due or (iv) through the Head of the Department or its subordinate office.

(6)	The Commission shall after hearing the parties to the appeal, pronounce in open proceedings its decision and issue a written order which shall be authenticated by the registrar or such officer as may be authorized by the Commission in this behalf.

(7)	Maintenance of records:-
	The Public Information Officer shall maintain the record in respect of the applications received for information and the fees collected for giving the information. The State Information Commission shall maintain the record regarding all appeals received and disposed off.

(8)	Miscellaneous:-
	For the purpose of removing any doubt it is hereby clarified that the ‘forms’ as prescribed under these rules, need not be in authorized pre-printed stationery, but any format neatly typed, handwritten or in electronic form which covers essential details prescribed in the form shall be valid.

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FORM A
(See rule 3(1))
Application form for obtaining Information
I.D.No.
(For office use)

To,
The Public Information Officer,
(Department / Office)

Name of the applicant :
Full address :
Particulars of :
Information required (in brief)
I, hereby state that the information sought is not covered under the categories which is exempted from disclosure of information under section 8 or under section 9 of the Right to Information Act, 2005 and to the best of my knowledge, it is pertaining to your Department / Office.
*(1) I have paid the fees Rs. ________ in words rupees ________________________________ ______________________________ on dt. _______________ vide receipt no. ______________ in the Department / office of __________________________.
*(2) I enclose herewith Demand draft / Pay order No. _____________ dt. ________________ drawn in favour of ____________________________________ Officer, issued by ____________________ Bank towards the fees payable.
*(3) Non-judicial stamp of Rs. _______________________ is affixed on this application.
*(4) I belong to the B.P.L. family. Xerox copy of my card / Certificate is enclosed herewith.

Place: _______________________. Date: _____________________.	Signature of applicant: ______________________. E-mail address, if any: ______________________. Telephone No. (Office): _____________________. (Residence): _____________________.

N.B. Person belonging to B.P.L. family need not pay any type of fees.

________________________________________________________________________

* Strike out whichever is not applicable.

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FORM B
(See rule 3(1))
Receipt of an application

From:
The Public Information Officer,
(Department / Office)

I.D. No. ___________________________. Date: __________________

Received the application dated ______________ in Form A, prescribed under sub-rule (1) of rule 3 of the Right to Information Rules, 2005 from Shri/Smt./Kum. ______________________________, resident of __________________________________.
The information shall be provided within 30 days. In any case, if it is found that it is not possible to give the required information, a letter showing reasons thereof or rejecting the request shall be issued.
The applicant may contact the undersigned during 11.00 a.m. to 1.00 p.m. on dt. ________________ (here mention the date not later than thirty days from the date of the receipt of an application).
In case of failure to remain present on the stipulated date by the applicant, the Public Information Officer shall not be held responsible for delay in providing information.
The applicant shall be required to deposit the outstanding amount of fees or charges, if any, prior to collection of the information or the documents.

( ________________ )
Public Information Officer:________________
Name of the Department / Office:________________
Telephone No.:________________
e-mail:________________
Website:________________

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FORM C
(See rule 3(2))
Intimation to applicant to deposit fee and charges for required information and / or documents

To,
Shri/Smt./Kum. ___________________________
Address: ________________________________

Sir,

With reference to your request / application dt. ___________________ (I.D. No. ____________ dtd. ______________________ ), I am to state that you are required to deposit Rs. __________ (in words Rupees ______________________________________________ only) for required information and documents sought for. It is requested to obtain the copies of the required information / documents after depositing the amount in this Department / Office.

(1)	Total No. of pages ______ x Rs. 2 per page A3, A4 size	Rs. __________
(2)	Total No. of Large size pages (except A3, A4 size)	Rs. ____ Amount of actual cost.
(3)	Floppy/disc charges _______ x Rs. 50 per piece	Rs. __________
(4)	Charges for information of record…………….	Rs. __________
(5)	Charges for sample / Model ………………..	Rs. __________

	Total	Rs. __________

Yours faithfully,

( ________________ )
Public Information Officer:________________
Name of the Department / Office:________________
Telephone No.:________________
e-mail:________________
Website:________________

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FORM D
(See rule 4(1))
Supply of information to the applicant

From:
The Public Information Officer,
(Department / Office)

No: ________________Date: ______________

To,
Shri/Smt./Kum. _____________________________
Address: __________________________________

Sir,

This is with reference to your application dated __________________ (I.D. No. ____________ date ________________) requesting for supply of information.

*2	Details of required information is enclosed herewith.
*3	Out of required information sought for, the partial information is supplied as under: (1) (2) (3) (4)
*4	With reference to your request for supplying information, the following information/documents cannot be supplied for the following reasons: (1) (2) (3) (4)
5	If you are aggrieved by the above decision, you may prefer an appeal to * ____________________ within thirty days from the date of receipt of the decision.
6	The information whichever is given to you is as a member of Below Poverty Line families and shall not be used for any other purpose.

	Yours faithfully,
	( ________________ ) Public Information Officer:________________ Name of the Department / Office:________________ Telephone No.:________________ e-mail:________________ Website:________________
	* Here pl. specify Name / Address of the Appellate Authority * Strike out wherever is not applicable.

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FORM E
(See rule 4(2))
Transfer of application pertaining to other authority

From:
Public Information Officer
_________________ Department / Office
Address: ________________________
No.: _______________ Dt. ___________________

To,
Shri/Smt./Kum. ___________________________
(Public Information Officer)
_________________ Department / Office
Address: ________________________

Sir,
Please find enclosed herewith an application from Shri __________________________ dt. _____________ (I.D. No. _____________), for the reasons stated below:
Required information does not fall within the jurisdiction of this Department / office. As it falls within the jurisdiction of your Department / office, the same is transferred herewith to you for further necessary action.
It is certified that the applicant has paid Rs. _______________ (Rupees _______________________ only) on account of fees/charges for obtaining required information, which has been credited in the Government treasury / account.

Yours faithfully,

( ________________ )
Public Information Officer:________________
Name of the Department / Office:________________
Telephone No.:________________
e-mail:________________
Website:________________

Copy to:
To,
Shri/Smt./Kum. _________________________
(Applicant)

1. As your application pertaining to required information does not fall within the jurisdiction of this Department / office, it has been transferred to the Public Information Officer bearing jurisdiction. You are requested to contact the Public Information Officer mentioned above.

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FORM F
(See rule 4(1))
Order of rejection of Information

From:
Public Information Officer
_________________ Department / Office
Address: ________________________
No.: _______________ Dt. ___________________

To,
Shri/Smt./Kum. ___________________________
Address: ________________________

Sir,
With reference to your application dated: ___________________ I.D. No. _______________ requesting for supplying information, I am to state that _________________________ :

The information requested cannot be provided for the following reasons:
The information requested falls within the exempted categories under sub rule __________ of section 8 or under section 9 of the Act.
If you are aggrieved by the above decision, you may prefer an appeal to *_____________________ within 30 days from the date of receipt of the decision.

Yours faithfully,

( ________________ )
Public Information Officer:________________
Name of the Department / Office:________________
Telephone No.:________________
e-mail:________________
Website:________________

*Here pl. specify.
Name/Address of the
Appellate Authority

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FORM G
(See rule 6(1))
Form of first appeal

I.D. no. __________________
Date: __________________
(For office use)

To,
The Appellate Authority
(Department/Office)

Sir,
As I have not received any decision / As I am aggrieved by the decision of the Public Information Officer __________________________________, I hereby file this first appeal. The particulars of my application are as under:

Name of the Appellant:
Address of the Appellant:
(A) Name of the Public Information Officer:
(B) Address of the Public Information Officer:
(C) Particulars of the decision against which the
appeal is preferred including the No. &
Date of such decision.
Date of application submitted in the Form A:
Details of Information:
(1) Information asked for
(2) Period for which information is sought
Date as on completion of 30 days after submitting
application in Form A
Reasons for Appeal --
(A) No decision is received within 30 days
of submission of application in Form A
(B) Aggrieved by the decision of Public Information
Officer Dated:
Ground for appeal. Brief facts of the case.
Last date for filing the appeal:
Prayer/reliefs sought for:

I hereby state that the information and particulars shown are true to the best of my knowledge and belief.

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