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5. Procedure for supply of information:-
(1) A person desiring information shall make a request in
writing or through electronic form, to the competent authority
giving the particulars of the matter relating to which the seeks
information:
Provided that where a person can not, for valid reasons, make a
request in writing, the competent authority may either accept an
oral request which may, subsequently, be reduced in writing or
render reasonable assistance to such person in making a written
request.
(2) Upon receipt of an application requesting for an information,
the competent authority shall consider it and furnish the
information required by the application or pass orders thereon
refusing the request as soon as practicable but normally within
fifteen days and in any case within thirty days from the date of
receipts of application.
(3) The information shall be supplied in writing, either in
English or in the official language.
(4) Where a request is rejected under sub –
section (2), the competent authority shall communicate to the
person making the request;
(i) the reasons for such rejection;
(ii) the period within which the appeal against such rejection may
be preferred;
(iii) the particulars of the appellate authority.
6. Restrictions on right to information:- The competent
authority may, for reasons to be recorded in writing, withhold-
(a) the information the disclosure or contents of which will
prejudicially affect the sovereignty and integrity of India or
security of the National Capital Territory of Delhi of
international relations or which leads to incitement to an
offence;
(b) the information relating to an individual or other
information, the disclosure of which would constitute a clear and
unwarranted invasion of personal privacy and has no relationship
to any activity of the Government or which will not sub – serve
any public interest;
(c) Papers containing advice, opinion, recommendations or minutes
submitted to the Lt. Governor for discharge of his constitutional
functions and any information, disclosure of which would
prejudicially affect the conduct of the Centre – state / Union
territory relations, including information exchanged in confidence
between the centre and the Government or any of their authorities
or agencies;
(d) trade and commercial secrets or any other information
protected by law;
(e) Information whose release would constitute a breach of
privilege of Parliament or legislative Assembly of the National
Capital Territory of Delhi;
Provided that the competent authority shall, before withholding
information under this clause, refer the matter to the Legislative
Assembly Secretariat for determination of the issue and act
according to the advice tendered by that secretariat;
Provided further that no appeal shall lie under section 7 against
an order withholding supply of information under this clause;
(f) information whose disclosure would endanger the life or
physical safety of any person or identify the source of
information or assistance given in confidence for law enforcement
or security purposes or in public interest:
Provided that the information which can not be denied to the
Legislatively Assembly of the National Capital Territory of Delhi,
shall not be denied to any person;
(g) minutes or records of advice including legal advice, opinions
or recommendations made by an officer of a public authority during
the decision making process prior to the executive decision or
policy formulation;
(h) Cabinet papers including records of the deliberations of the
Council of Ministers, Secretaries and other officers.
7. Appeal:- (1) Any person aggrieved
by an order of the competent authority, or any person who has not
received any order from the competent authority within thirty
working days, may appeal to the public Grievances Commission.
(2) The decision of the Public Grievances Commission shall be
final.
(3) No order adversely affecting any person shall be passed,
except after giving that person a reasonable opportunity of being
heard.
(4) Every appeal shall be disposed as expeditiously as possible
and endeavor shall be made to dispose of the appeal within thirty
days from the date on which it is presented.
8. Obligation on competent authority:- Every competent
authority shall be under a duty to maintain all its records, as
per its operational requirement, duly catalogued and indexed, and
grant access to information, subject to the provisions of this
Act, to any citizen requesting for such access.
9. Penalties:- (1) Any person responsible for providing any
information under this Act shall be personally liable for
furnishing the information within the period specified.
(2) Where a person responsible to supply information fails to
furnish the information asked for under this Act within the time
specified or furnishes any information which is false in any
material particulars, and which he knows or has reasonable cause
to believe to be false or does not believe it to be true, he shall
be liable, after such inquiry as may be required under the service
rules pertaining to disciplinary action applicable to him, for
imposition of such penalty as may be determined by the
disciplinary authority under such rules or as prescribed in the
Rules.
10. State Council for Right to Information:- (1) The
Government shall, by notification in the Official Gazette,
establish with effect from such date as specified in the
notification, a Council to be known as State Council for Right to
Information.
(2) The State Council shall consist of the following members,
namely:-
(a) The Chief Minister, Government of National Capital Territory
of Delhi shall be its Chairman;
(b) The Minister Incharge of the Department of Administrative
Reforms in the Government shall be its member:
Provided if the Chief Minister is the Minister In charge of
Administrative Reforms Department, then the Finance Minister shall
be the member;
(c) such number of other officials not exceeding ten of which
three members shall be elected representatives of the Legislative
Assembly of the NCT of Delhi and of which one shall be woman to be
nominated by the Speaker of Assembly of NCT of Delhi and non
official members not exceeding ten representing such interests as
may be prescribed by the Government.
(3) The time and place of the meeting of the Council shall be as
the Chairman may decide and it shall observe such procedures as
may be laid down b y the Council to transact its business.
(4) The object of the State Council shall be to promote the right
to information in the National Capital Territory of Delhi and it
shall deal with all matters related to right to information, such
as –
(a) Review of the operation of this Act and the rules made
hereunder;
(b) Review of the administrative arrangement and procedures to
secure for
Citizens the fullest possible access to information;
(c) Research and documentation as regards management of
information with a view to improve the extent and accuracy of
information being made available under this Act, and
(d) To advise the Government on all matters related to the right
to information, including training, development and orientation of
employees to bring in a culture of openness and transparency.
11. Act to have over – riding effect:- The provisions of
this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other enactment of the Legislative
Assembly of Delhi, for the time being in force.
12. Protection of action taken in good faith:- No suit,
prosecution or other legal proceedings shall lie against any
person for anything done in good faith or intended to be done in
pursuance of this Act.
13. Charging of fees:- The competent authority shall charge
such fes for supply of information as may be pr5escribed by rules,
but which shall not exceed the cost of processing and making
available of the information.
14. Laying of Annual Report of State Council:- The
Chairperson shall cause to be laid on the Table of the House
Annual Report of the State Council.
15. Power to make rules:- (1) The Government may, by
notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) The interval at which particulars and other material and
information shall be published by the public authorities;
(b) The composition of the state Council with reference to the
interest to be represented therein;
(c) Prescription of fee to be charged for supply of information;
(d) Any matter which is to be, or may be prescribed under this
Act.
(3) Every rule made under this Act shall be laid, as soon as may
be after it is made, before the House of the Legislative Assembly
of the National Capital Territory of Delhi while it is in session,
for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, the House agrees in making any
modification in the rule or the House agrees that the rule should
not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so, however,
that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
16. Removal of Difficulties:- (1) If any difficulty arises
in giving effect to the provisions of this Act, the Government
may, by general or special order published in the Official
Gazette, make such provision not inconsistent with the provisions
of this Act as appear to it to be necessary or expedient for the
purpose of removing difficulty.
Provided that not such order shall be made after the expiration of
two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be
after it is made, be laid before the Legislative Assembly of the
National Capital Territory of Delhi.
THE DELHI RIGHT TO INFORMATION RULES, 2001
1. Short title and commencement:- (1) These rules may be
called the Delhi Right to Information rules, 2001.
(2) They shall come in to force from the date of their publication
in the Official Gazette.
2. Definitions:- (1) In these rules, unless the context
otherwise requires:-
(a) ‘Act’ means the Delhi Right to Information Act, 2001 (Delhi
Act No. 7 of 2001);
(b) ‘Authorised person’ means a person nominated by the competent
authority to accept fee prescribed under these rules;
(c) ‘Form’ means the Form appended to these rules;
(d) ‘Section’ means a section of the Act.
(2) Words and expression used but not defined in these rules shall
have the meaning as assigned to them in the Act.
3. Application for seeking information:- Any person seeking
information under the Act shall make an application in form A to
the competent authority and deposit application fees as per rule 8
with the authorized person. The competent authority shall duly
acknowledge the application as provided in Form A:
Provided that a person who makes a request through electronic form
shall ensure that the requisite fee is deposited in cash with the
authorised person within seven days of his request sent through
electronic form, failing which his application shall be treated as
withdrawn by the application.
4. Disposal of application by the competent authority:- (1)
If the requested information does not fall with in the
jurisdiction of the competent authority, it shall order return of
the application to the applicant in Form B as soon as practicable,
normally within fifteen days and in any case within thirty days of
the receipt of the application, advising the applicant, wherever
possible, about the competent authority to whom the application
should be made. The application fee deposited in such cases shall
not be refunded.
(2) If the requested information falls within the competent
authority’s jurisdiction and also in one or more of the categories
of restrictions listed in section 6 of the Act, the competent
authority, on being satisfied, will issue the rejection order in
Form C as soon as practicable, normally within fifteen days and in
any case, within thirty days from the date of the receipt of the
application.
(3) If the requested information falls within the competent
authority’s jurisdiction but not in one or more of the categories
listed in section 6 of the Act, the competent authority, on being
so satisfied, shall supply the information to the applicant in
Form D, falling within his jurisdiction. In case, the information
sought is partly outside the jurisdiction of the competent
authority or partly falls in the categories listed in section 6 of
the Act, the competent authority shall supply only such
information as is permissible under the Act and is with in its own
jurisdiction and reject the remaining part giving reasons thereof.
(4) The information shall be supplied as soon as practicable,
normally within fifteen days and in any case within thirty days
from the date of the receipt of the application on deposit of the
balance amount, if any, to the authorised person, before
collection of information. A proper acknowledgment shall be
obtained from the applicant in token of receipt of information.
5. Appeal:- (1) Any person:-
(a) Who fails to get a response in Form B, or Form C from the
competent authority within thirty days of submissions of Form A,
of
(b) is aggrieved by the response received within the prescribed
period, may appeal in Form D to the Public Grievances Commissions
and deposit fee for appeal as per rule 8 with the authorised
person.
(2) On receipt of the appeal, the Public Grievances Commission
shall acknowledge the receipt of the appeal and after giving the
applicant an opportunity of being heard, shall Endeavour to
dispose it of within thirty days from the date on which it is
presented and send a copy of the decision to the competent
authority concerned.
(3) (a) Where the appeal is filed on the ground specified in
clause (a) of sub – rule (1) of this rule, no appeal shall be
admissible after sixty days of the submission of the application
in Form A.
(b) Where the appeal is filed on the ground specified in clause
(b) of sub – rule (1) of this rule, no appeal shall be admissible
after thirty days of the issue of the response appealed against.
(4) In case the appeal is allowed, the information shall be
supplied to the applicant by the competent authority with in such
period as ordered by the appellate authority. This period shall
not exceed thirty days from the date of the receipt of the order.
6. Penalties:- (1) Whoever being bound to supply
information under sub section (1) of section 5 of the Act fails to
furnish the information asked for under the Act within the time
specified or fails to communicate the rejection order under sub –
section (2) of section 5 of the Act, shall be liable to pay a
penalty of fifty rupees per day for the delayed period beyond
thirty days subject to a maximum of five hundred rupees per
application, filed under rules 3.
(2) Where the information supplied is found to be false in any
material particular and which the person bound to supply it knows
or has reasonable cause to believe it to be false or does not
believe it to be true, the person supplying the information shall
be liable to pay a penalty of one thousand rupees per application,
filed under rule 3.
7. Suo – motu publication of information by public authorised:-
(1) The public authority shall suo – motu publish information as
per clause (b) of section 4 of the Act by publishing booklets,
folders and pamphlets at the following intervals:-
S. No. Particulars of Information to be published Interval
____________________________________________________________
1. Particulars of its organization, functions Once in five years
And duties
2. Power and duties of its officers and Once in two years
Employees and the procedure followed
In the decision making process
3. Norms set by the public authority for the Once in two years
Discharge of its functions
4. Laws, bye – laws, rules, regulations, Once in five years
Instructions, manuals and other
Categories of records under it is control
Used by its employees for discharging
Its functions.
5. Details of facilities available to citizens Annually
For obtaining information
6. Name, designation and other particulars Annually
Of the competent authority
______________________________________________________________
(2) Such information shall also be made available to the public
through information counters, medium of internet and display on
notice board at conspicuous places in the office of the competent
authority and the Public Grievances Commission.
8. Charging of Fee:- (1) The
competent authority shall charge the fee at the following rates,
namely:-
(A) Application fees
(i) information relating to tender documents / bids / Five hundred
rupees
Quotation / business contracts; per application
(ii) Information other than (a) above Fifty rupees per
Application
(B) Other Fees:-
S. No. Description of Information Price / Fees in
Rupees
1. Where the information is available in the form of a Price so
fixed
Priced publication
2. For other than priced publication Five rupees per page
(2) The appellate authority shall charge a fee of fifty rupees per
appeal.
9. State Council for Right to Information:- (1) The State
Council for Right to Information shall consist of the following
members:-
1. Chief Minister Chairman
2. Minister In charge of the Administrative Reforms
Department / finance Minister (if Chief Minister
Is the Minister In charge of the Department of the
Administrative Reforms). Member
3. Three Members of the Legislative Assembly
Of NCT of Delhi Members
4. Chief Secretary, Government of NCT of Delhi Member
5. Five officers from amongst Principal Secretaries /
/ Head of Departments, Government of NCT of
Delhi Members
6. Two representatives of the Media (Print /
/ Electronic) Members
7. Four representatives of non government
Institutions Members
8. Two representatives of resident welfare
Associations Members
9. Two representatives of industry / trade
/ Commerce Members
10. Secretary in charge of the Department of Member
Administrative Reforms secretary.
(2) The three members of the Legislative Assembly of the National
Capital Territory of Delhi, of whom one shall be woman, shall be
nominated as members of the State Council for Right to Information
by the Speaker of the Legislative Assembly.
(3) The seven officials and ten non – official members of the
state Council, as listed above at serial numbers 4,5 and 10 and
from serial numbers 6 to 9 respectively, shall be nominated by the
Government.
10. Maintenance of Records:- (1) The competent authority
shall maintain records of all applications received for supply of
information and fee charged.
(2) The Public Grievances Commission shall maintain records of all
appeals filed before it and fee charged.
FORM A
FORM OF APPLICATION FOR SEKING
INFORMATION
(See rule 3)
I.D. No………….
(For official use)
To,
The Competent Authority,
---------------------------------
---------------------------------
1.
Name of the Applicant
2.
Address
3.
Particulars of information:-
(a)
Concerned department
(b)
Particulars of information required
(c)
(i) Details of information required
(d)
(ii) Period for which information asked for
(e)
(iii) Other details
4.
I state that the information sought does not fall within
the restrictions contained in section 6 of the Act and to the best
of my knowledge it pertains to your office.
5.
A fee of Rs. ________ has been deposited in the office of
the Competent Authority Vide no. ________ dated __________
Place ………………
Signature of Applicant
Date ……………….
E – mail address, if any
………………………………….
Tel. No. (Office) …………………..
Residence ………………………..
Note:- (i) Reasonable assistance can be
provided by the Competent Authority in filling up the form A.
(ii) Please ensure that the Form A is
complete in all respect and there is no ambiguity in providing the
details of information required.
Acknowledgment of Application in Form A
I.D. No.
…………….. Dated ……………………
1. Received
an application in Form A from Shri / Ms…………………..resident of
…………………… under Section 5 (1) of the Delhi Right to Information
Act, 2001.
2. The
information is proposed to be given normally within 15 days and in
any case within 30 days from the date of receipt of application
and in case it is found that the information asked for can not be
supplied, the rejection letter shall be issued stating reason
thereof.
3. The
applicant is advised to contact the undersigned on ………………… between
11 A.M. to 1 P.M.
4. In case
the applicant fails to turn upon the scheduled date (s), the
Competent Authority shall not be responsible for delay, if any.
5. The
applicant shall have to deposit the balance fee, if any, with the
authorised person before collection of information.
6. The
applicant may also consult Web – site of the department from time
to time to ascertain the status of his application.
Signature and stamp of the
Competent
Authority
E – Mail Address: ………………
Web –
site ………………………
Tel. No. ………………………..
Dated ……………….
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