Act makes provision for securing right to information in National Capital Territory of Delhi
Enacted on 16th May 2001
Enforced w.e.f. 2nd October 2001
Rules framed on 19.10.2001
Competent Authorities appointed on 3rd October 2001
State Council constituted on 2nd November 2001
The Act is a unique piece, which gives a right to get the information and in default seeks to penalize those responsible for violating the Act
Section-2 defines: -
The Competent Authority responsible to give information.
Information means any material or information relating to affairs of Delhi barring subjects under purview of Govt. of India.
Right to Information means the right of access information and includes the inspection of works, documents, records, taking notes etc.
Any person seeking information under the Act can file an application in Form-A to the competent authority. Forms are available free of cost with the Competent Authority of all departments.
A nominal application fee of Rs. 50/- per application will be changed for supply of information other than the information relating to Tender Documents/Bids/Quotations/Business Documents. However for Business Documents, an application fee of Rs. 500/- will be charged. In addition, a sum of Rs. 5/- per page will be charged for supply of information.
The Government will make its endeavor to provide the information in 15 days subject to a maximum of 30 days.
In case a person fails to get a response from the competent authority within 30 days of the submission of Form-A or is aggrieved by the response received within the prescribed period may appeal to the Public Grievance Commission In case appeal is allowed, the information shall be supplied to the applicant by the competent authority within such period as ordered by the appellate authority. This period shall not exceed 30 days from the date of receipt of the order.
Whosoever being bound to supply the information fails to furnish the information asked for under the Act within the time specified or fails to communicate the rejection order shall be liable to pay a penalty of Rs 50/- per day for delayed period beyond the 30 days subject to a maximum of Rs. 500/- per application.
In case 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 Rs. 1000/- per application.
Be causious as an annual report about the activities is to be laid on the table of the house.
DELHI RIGHT TO INFORMATION ACT & RULES
DO'S AND DON'TS
DO'S
Display particulars of competent authority, his name, telephone number, room number.
Make available form "A" on counters (Page 40-41 of Booklet)
MAKE ARRANGEMENTS FOR COLLECTION OF FEE --
CASHIER
ISSUE OF TR-V
ENTRY IN REGISTER
Fee/ Penalty to be deposited in "minor head 800-other receipts (10) below major head 0070-other administrative services" competent authority to personally acknowledge the application.
Introduce level jumping for quick disposal
To obtain information from field units/ other divisions.
Pursue cases where information needed from field units.
Send reply in 30 days in form 'B' or 'C' or 'D' as applicable.
Process right to information cases promptly.
Obtain acknowledgement for receipt of information from applicants.
Maintain record in prescribed format-as per registers supplied.
Provide assistance in filling forms to applicants where oral requests made as per section-5(1).
Give proper guidance to avaoid complaints.
Competent authority preferably to control work himself as it is a sort of Quasi- Judicial function.
Competent authority may seek approval of HOD, in doubtful cases.
Orders should be self speaking.
Display boards indicating procedure for obtaining information publish booklets/ Leaflets as per rule 7 relating to SUO-MOTO publication of information like particulars of organisation, functions, duties, procedures followed, norms, laws bye-laws rules etc.
Priced publication be prepared where required.
HODs to monitor working of competent authority on weekly basis.
Progress reports to be sent to A.R. department on every 10 th , 20 th & 30 th of the month.
Open E-mail account of all competent authorities.
Set up Website for each department.
Set up information counters manned by well trained staff.
Public relation system should be strenthened.
Impart training to the concerned officers and officials for proper guidance to the public.
Citizen's charter to incorporate provisions of Delhi Right to Information Act.
Try to reduce public grievances to avoid complaints.
Avail the services of members of state council, resident welfare associations wherever feasible.
Display name and address of prominently for information of public-being appellate authority.
Catalogue & index all records as per section-4 (a).
Maintain records in such form as is consistent with operational requirement.
Publish particulars of projects before initiating as per section-4 (e) to communicate to the public generally or likely to be affected by the project in particular.
Maintain all records duly catalogued and indexed and grant acess to information.
Some Don'ts
Don't refuse issue of form "A" even if neede for some other competent authority.
Don't refuse acceptance of forms even if intentionally given to wrong competent authority as the competent authority can reject it.
Don't give information as stipulated in section 6 of the Act
The disclosure or contents of which prejudicially affect the sovereignty and integrity of India.
Relating to unwarranted invasion of personal privacy.
Advice, opinion, recommendations or minutes including information exchange in confidence with centre and other govt's trade and commercial secrets.
Don't give information as stipulated in section 6 of the act which constitute a breach of privilege of parliament or legislative assembly.
Likely to endanger the life or physical safety of any person.
Minutes/ records of advice, opinion, recommendations made during the decision making process prior to formulation of policy cabinet papers.
Don't accept incomplete forms.
Don't accept forms if not accompained with request fee.
Don't misguide the public.
Don't refuse issue of free literature meant for the purpose.
Local Services 