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of <h1>Public authorities mandated to publish Rules, Regulations online under Right to Information Act</h1> <h3>Suo motu Versus State of Rajasthan</h3> The Court held that public authorities must proactively publish Rules, Regulations, etc., as per the Right to Information Act, 2005. It directed the State ... Non availability of Rajasthan Evaluation Service Rules, 1979 - Held that:- It is evident from the perusal of the reply and submissions of the learned Advocate General that all the Rules framed by the State of Rajasthan under Article 309 of Constitution of India have not been uploaded on the website of the Government and public authorities. If the rules, regulations and instructions issued by Government and public authorities are not made available to the public at large, it would defeat the purpose of the enactment of the Right to Information Act which is meant to bring transparency in the functioning of the Government and public authorities - As and when any amendment is carried out in the Rules, the same shall also be incorporated in the Rules made available on the website so that a person requiring a copy of the Rules can have the updated version. The Rules/Regulations/Instructions issued by various departments and public authorities shall also be uploaded on the website within the aforesaid period. The Chief Secretary of the State of Rajasthan shall also call a meeting of the Heads of the Boards/Corporations to direct them to do the same exercise namely, uploading of Rules/Regulations/Instructions issued by them on their concerned websites within four months. - all these Rules/Instructions/ Regulations shall also be published in the Government gazette and be made available for sale at nominal rate to public at all the District headquarters within a period of four months. - Petition disposed of. Issues:Failure to make Rules available in public domain as per Right to Information Act, 2005.Analysis:The petition was treated as a suo motu petition in public interest after the Single Bench of the Court highlighted the unavailability of Rajasthan Evaluation Service Rules, 1979 in the library. The Rules were neither available in the open market nor on the concerned department's website. Similar unavailability was noted for other statutory Rules as well. The State of Rajasthan submitted that various Rules were available on department websites, with a list of 30 such Rules provided. Amendments made after 1999 were also uploaded. The Advocate General assured efforts to make Rules available online and for sale after publication in the official gazette.The Court observed that as per Section 4(1)(b) of the Right to Information Act, 2005, public authorities must publish Rules, Regulations, etc., held or used by them. It is mandatory for public authorities to provide information proactively to the public through various means, including the internet. The Court emphasized that information should be disseminated widely and in easily accessible forms. The State Government and other public authorities were directed to disseminate information through various means, including the internet.The Court noted that not all Rules framed by the State of Rajasthan under Article 309 of the Constitution had been uploaded online. Failure to make these rules, regulations, and instructions available to the public would defeat the purpose of the Right to Information Act, which aims to bring transparency in government functioning. The Chief Secretary of the Government of Rajasthan was directed to ensure that all Rules framed by the Governor of Rajasthan are uploaded on the state's website within four months. Any amendments should also be promptly incorporated. Rules from various departments and public authorities should be uploaded within the same period. Additionally, the Rules should be published in the government gazette and made available for sale at nominal rates at all district headquarters within four months.The petition was disposed of with the above directions, and the Chief Secretary was required to submit a compliance report on affidavit before the Registrar General of the High Court.
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