1.
Short title and commencement -
(1) These rules may be called the West
Bengal Right to Information Rules, 2006.
(2) They shall come into force on the date of their publication in
the Official Gazzate.
2. Definitions:-
(1) In
these rules, unless the context otherwise requires, -
(a)
"Act" means the Right to Information Act, 2005 (22 of
2005);
(b)
“Commission” means the West Bengal Information Commission;
(c)
“Registrar” means the Registrar of the Commission;
(d)
“Section” means section of the Act;
(e)
“State Government” means the Government of West Bengal.
(2) Words and expressions used and not defined in these rules but
defined in the Act, shall have the same meanings as respectively
assigned to them in the Act.
3. Application fee -
An application containing a request in writing
to the State Public Information Officer or the State Assistant Public
Information Officer, as the case may be, made under sub-section (I)
of Section 6 for obtaining information, shall be accompanied with a
court-fee of rupees ten.
4. 'Fee for providing information -
Save as otherwise provided in the
provision to sub-section (5) of Section '7, the State Public
Information Officer or the State Assistant Public Information
Officer, as the case may be, shall provide Information under
sub-section (I), and sub-section (5), of Section 7 upon receipt or a
request under Section 6, on payment of a fee of -
(a) rupees two, for each page (in A-4 or A-3 size paper) created or
copied; or
(b) actual charge or cost price, for a copy in large size paper; or
(c) actual cost price, for sample or model; or
(d) rupees five for each fifteen minutes or fraction thereof, for
inspection of records; or
(e) rupees fifty per diskette or floppy, for information provided
in the diskette or floppy; or
(f) actual charge fixed for publication or rupees two per page of
photocopy for extracts there from
for information provided in printed form.
5.
Contents of appeal to Commission under sub-Section (3) of Section 19
-
An appeal to the Commission under sub-section (3) of Section 19,
shall contain the following information, namely:-
(a) Name and address of the applicant;
(b) Name and address of the State Public Information Officer or the
State Assistant Public
Information Officer, as the case may be, who passed the order;
(c) Particulars of the order against which the appeal is made
including its number and date;
(d) Brief facts of the case;
(e) Prayer or relief sought for by the appellant;
(f)
Grounds for such prayer relief; and
(g)
Verification by the appellant
6.
Documents to accompany appeal to Commission under sub-section (3) of
Section 19 –
Every appeal made to the Commission shall be accompanied
by the following documents, namely:-
(a)
the attested true copy of the order against which the appeal is being
preferred;
(b)
the copies of the documents relied upon by the appellant and referred
to in the appeal; and
(c)
an index of the documents referred to in the appeal.
7.
Procedure in deciding appeal to Commission under sub-section (30 of
Section 19 –
(1) In deciding the appeal to the commission, the
commission shall :-
|
(a) |
Hear, oral or written, evidence on oath or on affidavit from the
concerned or interested person; |
| (b) |
Peruse or inspect documents, public records or copies thereof. |
| (c)
|
Enquire through the authorized, officer for further details or facts; |
|
(d) |
Hear
the State Public Information Officer or the State Assistant
Public Information Officer or such officer who decided the
first appeal mentioned in sub-section (I) of Section 19, as the
case may be; |
| (e) |
Hear the third party if required; and |
| (f) |
Receive evidence on "affidavits from State Public information Officer
or the State Assistant Public Information Officer or such officer who
decided the first appeal mentioned in sub-section (I) of Section 19
or from the third party; if any
|
(2) In
deciding the appeal the Commission may ask the appellant to add any
other information other than the information included in the contents
of the second appeal under rule 5.
8. Service of notice by Commission-
The notice required to be issued
under sub-section (9) of Section 19, by the Commission may be served
in any of the following modes, namely:-
(a)
service by the p~ itself;
(b)
service by hand delivery through the process server;
(c)
service by the registered post with acknowledgement due
(d)
service through the head of office or the Department;
9. Signing of
order -
The order of the Commission pronounced in open
proceedings shall be in writing and authenticated by the Registrar of any other officer authorized by the Commission in
this behalf.
10. Terms and conditions of officers and other employees of
Commission -
The officers and other employees of the Commission shall
be placed on deputation from the State Government on the usual terms
and conditions
