RTI COST FEE and APPEALS RULES

Date	Notification No	Subject
30-11-2005	No.AR-3/Gen-147/2005 (A)	Regulation of Fee & Cost Rules, 2005
30-11-2005	No.AR-3/Gen-147/2005 (B)	Appeal Procedure

     THE NAGALAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NO. 24 Kohima, Wednesday, November 30, 2005, Agrahayana 9, 1927 (Saka)

GOVERNMENT OF NAGALAND
PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT
(ADMINISTRATIVE REFORMS BRANCH)
Dated Kohima the 30th November, 2005
NOTIFICATION
No. AR-3/Gen-147/2005

(A):: In exercise of the powers conferred by clauses (b) and (c) of sub-section 27 of the Right to Information Act, 2005 (Govt. of India Act No.22 of 2005), The Government of Nagaland hereby makes the following rules, namely:-

1. Short Title and commencement- (i) These Rules may be called the Nagaland State Right to Information (Regulation of Fee and Cost) Rules, 2005.
(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions- In the rules, unless the context otherwise requires,-
(a) Act  means the Right to Information Act, 2005 (Govt. of India Act No.22 of 2005)
(b) all other words and expressions used herein and not defined but defined in the Act shall have the meanings assigned to them in the Act.

3. A request for obtaining information under sub-section (1) of section 6 shall be accompanied by an application fee of rupees ten by way of cash against proper receipt or by demand draft or bankers cheque payable to the Accounts Officer/Head of Department/Head of Office of the public authority or the Government Department/Office.

4. For providing the information under sub-section (1) of section 7, the fee shall be charged by way of cash against proper receipt or by demand draft of bankers cheque payable to the Accounts Officer/ Head of Department/Head of Office of the public authority or Government Department/ Office at the following rates:-
(a)Rupees two for each page (in A-4 or A-3 size paper) created
or copied;
(b) Actual charge or cost price of a copy is given in larger size
paper;
(c)Actual cost or price for samples or models; and
(d) For inspection of records, no fee for the first hour; and a
fee of rupees five for each subsequent hour (or fraction thereof).

5. For providing the information under sub-section (5) of section 7 the fee shall be charged of cash by way of cash against proper receipt or by demand draft or bankers cheque payable to the Accounts Officer/ Head of Department/Head of Office of the public authority or Government Department/ Office at the following rates:-
(a) for information provided in diskette of floppy rupees fifty per
diskette or floppy; and
(b) for information provided in printed form at the price fixed for
such publication or rupees two per page of photocopy for
extracts from the publication.

6. In respect of all Government Departments/ Offices and other Public Authority, whose establishment costs are met from the state’s exchequers, the fees collected under these rules shall be deposited at the end of every month, in the Government Treasury through a Treasury Challan and credited to the head of Accounts  0070- Other Administrative Services,
Sd/-
P.TALITEMJEN AO
Chief Secretary to the Govt. of Nagaland.

Registration No. NE/RN-646

 

THE NAGALAND GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NO. 25 Kohima, Wednesday, November 30, 2005, Agrahayana 9, 1927 (Saka)

GOVERNMENT OF NAGALAND
PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT
(ADMINISTRATIVE REFORMS BRANCH)
Dated Kohima the 30th November, 2005
NOTIFICATION
NO.AR-3/Gen-147/2005 (B): : In exercise of the powers conferred by clauses (e) of sub-section (2) of the section 27 of the right of Information Act,2005 (Govt.of India Act No. 22 of 2005), the Government of Nagaland hereby makes the following rules, namely :-

1. Short Title and commencement

(1) These Rules may be called the Nagaland State Information Commission (Appeal Procedure ) Rules, 2005
(ii) They shall come into force on the date of their publication in the Official Gazette

2. Definitions-In the rules ,unless the context otherwise requires-
a) Act means the right to Information Act,2005( Govt of India Act No.22 of 2005)
b) Section  means section of the Act;
c) Commission means the Nagaland State Information Commission;
d) words and expressions used herein and not defined but defined in the Act shall have the meanings assigned to them in the Act.

3. Contents of the appeal-An appeal to the Commission shall contain the following information, namely:-
(i) name and address of the applicant;
(ii) name and address of the Public Information Officer;
(iii) particulars of the order against which the appeal is made including number, date and the Public Information Officer who passed the order;
(iv) brief facts leading to the appeal;
(v) prayer or relief sought;
(vi) grounds for the prayer of relief;
(vii) provisions of the Act or the rules;
(viii) verification by the appellant; and
(ix) any other information which the Commission may deem necessary for deciding the appeal.

4. Documents to accompany appeal , Every appeal made to the commission shall be accompanied by the following documents, namely :-
(i) attested true copy of the Order against which the appeal is being preferred;
(ii) copies of documents relied upon by the appellant and referred to in the appeal; and
(iii) an index of the documents referred to in the appeal.

5. Procedure in deciding appeal – In deciding the appeal, the Commission shall,
(i) hear oral or written evidence on oath or an affidavit from concerned interested person;
(ii) peruse or inspect documents, public records or copies thereof;
(iii) inquire through authorized officer further details or facts;
(iv) here the Public information Officer, Assistant Public Information officer, or such Senior Officer who decide the first appeal; as the case may be;
(v) here third party; and
(vi) receive evidence on affidavits from the Public Information Officer, Assistant Public Information Officer, such Senior Officer who decided the first appeal or third party.

6. Service of notice by Commission
Notice to be issued by the Commission may be served in any of the following modes, namely:-
(i) service by the party itself;
(ii) by hand delivery (dasti) through Process Service;
(iii) by registered post with acknowledgement due; or
(iv) through Head of Office or Department.

7. Signing of Order – Order of the Commission pronounced in open proceedings shall be in writing and authenticated by the Registrar or any other officer authorized by the Commission for the purpose.

Sd/
P.TALITEMJEN AO
Chief Secretary to the Govt. of Nagaland.