| Delhi Right to = Information Act=20 2001 |
| Online=20 Submission of Monthly Report |
THE=20 DELHI RIGHT TO INFORMATION ACT, 2001
No. F.=20 14(19)/LA-2001/ &nbs= p; = ; = &= nbsp; =20 Dated the 16th May, 2001
The following Act of = Legislative=20 Assembly received the assent of the Lt. Governor of Delhi on 14.5.2001 = and is=20 hereby published for general information: -
THE =
DELHI RIGHT TO=20
INFORMATION ACT, 2001
(Delhi Act No. 7 of 2001)
(As = passed by the=20 Legislative Assembly of the National Capital Territory of Delhi on 9th = April,=20 2001).
AN = ACT
to make provision for = securing right=20 to information in the National Capital Territory of Delhi and for = matters=20 relating thereto.
BE it enacted by the = Legislative=20 Assembly of the National Capital Territory of Delhi in the Fifty-second = Year of=20 the Republic of India as follows: -
1. Short title and=20 commencement. -
(1)=20 This Act may be called the Delhi Right to information Act,=20 2001.
(2) = It shall come=20 into force on such date as the Government may, by notification in the = official=20 Gazette, appoint.
2. Definitions. = - In this Act,=20 unless there is anything repugnant in the subject or contexts,=20 -
(a) "competent = authority" means any=20 authority or officer notified by the Government from time to time in = official=20 gazette for the purpose of this Act;
(b) "electronic form" = with reference=20 to information means any information generated, sent, received or stored = in=20 media, magnetic, optical, computer memory, microfilm, computer generated = micro=20 fiche or similar device ;
(c) "Government" means = the "Lt.=20 Governor referred in article 239 AA of the Constitution = ";
(d) "information" means = any material=20 or information relating to the affairs of the National Capital Territory = of=20 Delhi except matters with respect to entries 1,2 and 18 of the State = List and=20 entries 64, 65 and 66 of that list in so far as they relate to the said = entries=20 1,2 and 18 embodied in the Seventh Schedule of the=20 Constitution;
(e) "Lt. Governor" = means the Lt.=20 Governor of the National Capital Territory of Delhi appointed by the = President=20 under article 239 of the Constitution;
(f) "prescribed" means = as prescribed=20 in rules;
(g) "public authority" = means any=20 authority or body established or constituted -
(i) by or under the=20 Constitution;
(ii) by any law made = by the=20 Government and includes any other body owned, controlled or = substantially=20 financed by funds provided directly or indirectly by the=20 Government.
(h) "Public Grievances = Commission"=20 means the Public Grievances Commission setup by the Government vide = their=20 Resolution No.4/14/94-AR dated the 25th September, 1997 as amended from = time to=20 time;
(i) "right to = information" means the=20 right of access to information and includes the inspection of works, = documents,=20 records, taking notes and extracts and obtaining certified copies of = documents=20 or records, or taking samples of material.
3. Right to = information. -=20 Subject to the provisions of this Act, every citizen shall have right to = obtain=20 information from a competent authority.
4. Obligations on = public=20 authorities. - Every public authority shall -
(a) maintain all its = records, in such=20 a manner and form as is consistent with its operational requirements = duly=20 catalogued and indexed;
(b) publish at such = intervals as may=20 be prescribed by the Government -
(i) the particulars = of its=20 organisation, functions and duties ;
(ii) the powers and = duties of its=20 officers and employees and the procedure followed by them in the = decision=20 making process;
(iii) the norms set = by the public=20 authority for the discharge of its functions;
(iv) laws, bye-laws, = rules,=20 regulation, instructions, manuals and other categories of records = under its=20 control used by its employees for discharging its = functions;
(v) the details of = facilities=20 available to citizens for obtaining information; and
(vi) the name, = designation and=20 other particulars of the competent = authority;
(c) publish all = relevant facts=20 concerning important decisions and policies that affect the public while = announcing such decisions and policies;
(d) give reasons for = its decisions,=20 whether administrative or quasi-judicial to those affected by such=20 decisions;
(e) before initiating = any project,=20 publish or communicate to the public generally or to the persons = affected or=20 likely to be affected by the project in particular, the facts available = to it or=20 to which it has reasonable access which, in its opinion, should be known = to them=20 in the best interests of maintenance of democratic = principles.
5. Procedure for = supply of=20 information. -
(1) A person desiring = information=20 shall make a request in writing or through electronic form, to the = competent=20 authority giving the particulars of the matter relating to which he = seeks=20 information:
Provided that where a = person cannot,=20 for valid reasons, make a request in writing, the competent authority = may either=20 accept an oral request which may, subsequently, be reduced in writing or = render=20 reasonable assistance to such person in making a written = request.
(2) Upon receipt of an = application=20 requesting for an information, the competent authority shall consider it = and=20 furnish the information required by the applicant or pass orders thereon = refusing the request as soon as practicable but normally within 15 days = and in=20 any case within thirty days from the date of receipt of = application.
(3) The information = shall be supplied=20 in writing, either in English or in the official language.
(4) Where a request is = rejected under=20 sub-section (2), the competent authority shall communicate to the person = making=20 the request, - (i) the reasons for such rejection; (ii) the period = within which=20 the appeal against such rejection may be preferred; (iii) the = particulars of the=20 appellate authority.
6. Restrictions on = right to=20 information. - The competent authority may, for reasons to be = recorded in=20 writing, withhold -
(a) the information the = disclosure or=20 contents of which will prejudicially affect the sovereignty and = integrity of=20 India or security of the National Capital Territory of Delhi or = international=20 relations or which leads to incitement to an offence;
(b) the information = relating to an=20 individual or other information, the disclosure of which would = constitute a=20 clear and unwarranted invasion of personal privacy and has no = relationship to=20 any activity of the Government or which will not sub-serve any public=20 interest;
(c) papers containing = advice,=20 opinion, recommendations or minutes submitted to the Lt. Governor for = discharge=20 of his constitutional functions and any information, disclosure of which = would=20 prejudicially affect the conduct of the Centre-State/Union territory = relations,=20 including information exchanged in confidence between the Centre and the = Government or any of their authorities or agencies;
(d) trade and = commercial secrets or=20 any other information protected by law;
(e) information whose = release would=20 constitute a breach of privilege of Parliament or Legislative Assembly = of the=20 National Capital Territory of Delhi:Provided that the competent = authority shall,=20 before withholding information under this clause, refer the matter to = the=20 Legislative Assembly Secretariat for determination of the issue and act=20 according to the advice tendered by that Secretariat:Provided further = that no=20 appeal shall lie under section 7 against an order withholding supply of=20 information under this clause;
(f) information whose = disclosure=20 would endanger the life or physical safety of any person or identify the = source=20 of information or assistance given in confidence for law enforcement or = security=20 purposes or in public interest: Provided that the information, which = cannot be=20 denied to the Legislative Assembly of the National Capital Territory of = Delhi,=20 shall not be denied to any person.
(g) minutes or records = of advice=20 including legal advice, opinions or recommendations made by an officer = of a=20 public authority during the decision making process prior to the = executive=20 decision or policy formulation.
(h) Cabinet papers = including records=20 of the deliberations of the Council of Ministers, Secretaries and other=20 officers.
7. Appeal. - (1) = Any person=20 aggrieved by an order of the competent authority, or any person who has = not=20 received any order from the competent authority within thirty working = days, may=20 appeal to the Public Grievances Commission;
(2) The decision of the = Public=20 Grievances Commission shall be final.
(3) No order adversely = affecting any=20 person shall be passed, except after giving that person a reasonable = opportunity=20 of being heard.
(4) Every appeal shall = be disposed as=20 expeditiously as possible and endeavour shall be made to dispose of the = appeal=20 within thirty days from the date on which it is presented.
8. Obligation on = competent=20 authority. - Every competent authority shall be under a duty to = maintain all=20 its records, as per its operational requirements, duly catalogued and = indexed,=20 and grant access to information, subject to the provisions of this Act, = to any=20 citizen requesting for such access.
9. Penalties. - = (1) Any person=20 responsible for providing any information under this Act shall be = personally=20 liable for furnishing the information within the period = specified.
(2) Where a person = responsible to=20 supply information fails to furnish the information asked for under this = Act=20 within the time specified or furnishes any information which is false in = any=20 material particulars, and which he knows or has reasonable cause to = believe to=20 be false or does not believe it to be true, he shall be liable, after = such=20 inquiry as may be required under the service rules pertaining to = disciplinary=20 action applicable to him, for imposition of such penalty as may be = determined by=20 the disciplinary authority under such rules or as prescribed in the=20 Rules.
10. State Council = for Right to=20 Information. - (1) The Government shall, by notification in the = official=20 Gazette, establish with effect from such date as specified in the = notification,=20 a Council to be known as State Council for Right to = Information.
(2) The State Council = shall consist=20 of the following members, namely: -
(a) the Chief = Minister, Government=20 of National Capital Territory of Delhi shall be its = Chairman;
(b) the Minister = incharge of the=20 Department of Administrative Reforms in the Government shall be its = member;=20 Provided if the Chief Minister is the Minister Incharge of = Administrative=20 Reforms Department, then the Finance Minister shall be the=20 Member.
(c) such number of = other officials=20 not exceeding ten of which three members shall be elected = representatives of=20 the Legislative Assembly of the NCT of Delhi and of which one shall be = woman=20 to be nominated by the Speaker of Assembly of NCT of Delhi and = non-official=20 members not exceeding ten representing such interests as may be = prescribed by=20 the Government.
(3) The time and place = of the meeting=20 of the Council shall be as the Chairman may decide and it shall observe = such=20 procedures as may be laid down by the Council to transact its=20 business.
(4) The object of the = State Council=20 shall be to promote the right to information in the National Capital = Territory=20 of Delhi and it shall deal with all matters related to right to = information,=20 such as: -
(a) review of the = operation of this=20 Act and the rules made there under;
(b) review of the = administrative=20 arrangements and procedures to secure for citizens the fullest = possible access=20 to information;
(c) research and = documentation as=20 regards management of information with a view to improve the extent = and=20 accuracy of information being made available under this Act;=20 and
(d) to advise the = Government on all=20 matters related to the right to information, including training, = development=20 and orientation of employees to bring in a culture of openness and=20 transparency.
11. Act to have = over-riding=20 effect. - The provisions of this Act shall have effect = notwithstanding=20 anything inconsistent therewith contained in any other enactment of the=20 Legislative Assembly of Delhi, for the time being in force.
12. Protection of = action taken in=20 good faith. - No suit, prosecution or other legal proceedings shall = lie=20 against any person for anything done in good faith or intended to be = done in=20 pursuance of this Act.
13. Charging of = fees. - The=20 competent authority shall charge such fees for supply of information as = may be=20 prescribed by rules, but which shall not exceed the cost of processing = and=20 making available of the information.
14. Laying of Annual = Report of=20 State Council. - The Chairperson shall cause to be laid on the Table = of the=20 House Annual Report of the State Council.
15. Power to make = rules. - (1)=20 The Government may, by notification in the official Gazette, make rules = to carry=20 out the purposes of this Act.
(2) In particular, and = without=20 prejudice to the generality of the foregoing power, such rules may = provide for=20 all or any of the following matters, namely: -
(a) the interval at = which particulars=20 and other material and information shall be published by the public = authorities;=20 (b) the composition of the State Council with reference to the interest = to be=20 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=20 Act.
(3) Every rule made = under this Act=20 shall be laid, as soon as may be after it is made, before the House of = the=20 Legislative Assembly of the National Capital Territory of Delhi while it = is in=20 session, for a total period of thirty days which may be comprised in one = session=20 or in two or more successive sessions, and if, before the expiry of the = session=20 immediately following the session or the successive sessions aforesaid, = the=20 House agrees in making any modification in the rule or the House agrees = that the=20 rule should not be made, the rule shall thereafter have effect only in = such=20 modified form or be of no effect, as the case may be; so, however, that = any such=20 modification or annulment shall be without prejudice to the validity of = anything=20 previously done under that rule.
16. Removal of = difficulties. -=20 (1) If any difficulty arises in giving effect to the provisions of this = Act, the=20 Government may, by general or special order published in the official = Gazette,=20 make such provision not inconsistent with the provisions of this Act as = appear=20 to it to be necessary or expedient for the purposes of removing=20 difficulty:
Provided that no such = order shall be=20 made after the expiration of two years from the commencement of this=20 Act.
(2) Every order made = under this=20 section shall, as soon as may be after it is made, be laid before the=20 Legislative Assembly of the National Capital Territory of = Delhi.
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