Campaign for demanding transparency in Councillor Funds

Right to Information in Delhi

The Delhi Right to Information (DRTI) Act was passed by the Legislative Assembly in May, 2001 and became effective from October 2, 2001. The decision to enact the legislation was taken by the Delhi Government pursuant to a conference of Chief Ministers in 1997 to discuss effective and responsive administration, wherein the Government of India suggested that all Indian states introduce legislations to provide citizens access to information in areas within their jurisdiction.

The DRTI Act secures for every citizen the enforceable right to seek information from and question, examine, audit, review and assess government acts and decisions, to ensure that these are consistent with the principles of public interest, probity and justice. 

How to apply?

Any citizen can seek information from the 119 departments of the Delhi Government covered under the RTI Act by making a request in "Form A" to the designated “competent authority” of the relevant department. An  application fee of Rs 25 has to be paid along with Form A. For information relating to business contracts the application fee is  Rs 500. 

To get a list of the competent authorities of each department, please visit http://www.ar.delhigovt.nic.in/right2.html.

Anyone who is aggrieved by the order of the competent authority or has not received any order from competent authority within 30 days may file an appeal using "Form E" to the Public Grievance Commission (PGC).

 
Salient features of the Delhi Right to Information Act and Rules

 119 departments of the Delhi Government have been brought under the purview of the DRTI Act 2001. Citizens can approach any of these departments and seek information with respect to their working. The Administrative Reforms Department of the Delhi Government has been made responsible for implementing and monitoring the DRTI Act.

The provisions of the Delhi RTI Act and Rules can be summarized as follows:

1. Subject to the provisions of the Act, citizens shall have a right to obtain information from a “competent authority” by making a request in writing or electronic form. 

2. Public authorities are obliged to:
• maintain all their records in a manner consistent with their operational requirement duly catalogued and indexed.;
• publish particulars such as their laws, bye-laws, rules, instructions, manuals and other records used by their employees for discharging their functions;
• publish all relevant facts concerning important decisions and policies that affect the public while announcing such decisions and policies and give reasons for decisions to those affect by such decisions;
• before initiating any project, publish or communicate to the public generally or to persons likely to be affected by the project, facts available to the public authority, which should be known to people in the best interests of maintenance of democratic principles.

3. As per DRTI rules, the application fee for information relating to tender documents/bids/quotation/business contracts is Rs 500 and for other information is Rs 25. In addition, a photocopy charge of Rs 5 per page has to be paid by the applicant. The fee per appeal is fixed at Rs 50.

4. The Competent Authority is required to furnish information within 15 days subject to a maximum of 30 days. If the requested information cannot be given to the applicant, the competent authority has to return/reject the application within that time frame giving reasons for return/rejection.

5. Restrictions on RTI are listed in section 6 of the Act and include information, the disclosure of which will affect sovereignty and integrity of India or security of NCT of Delhi; information related to individuals, which has no relationship with any Government activity and does not serve any public interest; cabinet papers etc.

6. Any person aggrieved by the order of the competent authority or who has not received any order from competent authority within 30 days may file an appeal using "Form E" to the Public Grievance Commission (PGC) set up by the Delhi Government.

7. Any person responsible for providing information under the Act is personally liable for furnishing the information within the period specified. The Act and rules provide for penalties to be imposed on officials violating the provisions of the DRTI Act. 

8. The DRTI Act provides for the establishment of a State Council for RTI with the objective of promoting the RTI Act in the State.
   
9. The competent authorities and the PGC have to maintain records of all applications received and the fee charged.