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
level
officer ;
(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)
(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
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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.