The
Delhi Right to Information Act, 2001
A
BILL
To
make provision for securing right to information in the National
Capital Territory of Delhi and for matters relating thereto.
BE
it enacted by the Legislative Assembly of the National Capital Territory
of Delhi in the Fifty-second Year of the Republic of India as follows:-
Short
title and commencement
- This
Act may be called the Maharashtra Right to Information Act,
2001.
- It
shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint.
Definitions
In this Act, unless there is anything repugnant in the subject or
contexts,
(a)
"Competent Authority" means any authority or officer notified
by the Government from time to time in official gazette for the
purpose of this Act.
(b) "Electronic form" with reference to information means
any information generated, sent, received or stored in media, magnetic,
optical, computer memory, microfilm, computer generated micro fiche
or similar device;
(c) "Government" means the "Lt. Governor referred
in article 239 AA of the Constitution".
(d) "Information" means any material or information relating
to the affairs of the National Capital Territory of Delhi except
matters with respect to entries 1,2 and 18 of the State List and
entries 64,65 and 66 of that list in so far as they relate to the
said entries 1,2 and 18 embodied in the Seventh Schedule of the
Constitution;
(e) "Lt. Governor" means the Lt. Governor of the National
Capital Territory of Delhi appointed by the President under article
239 of the Constitution;
(f) "Prescribed" means as prescribed in rules;
(g) "Public authority" means any authority or body established
or constituted-
(i) by or under the Constitution;
(ii) by any law made by the Government and includes any other body
owned, controlled or substantially financed by funds provided directly
or indirectly by the Government.
(h) "Public Grievances Commission" means the Public Grievances
Commission setup by the Government vide their Resolution No. 4/14/94-AR
dated the 25th September 1997 as amended from time to time.
(i) "Right to Information" means the right of access to
information and includes the inspection of works, documents, records,
taking notes and extracts and obtaining certified copies of documents
or records, or taking samples of material.
Right
to access to information
Subject
to the provisions of this Act, every citizen shall have right to
obtain information from a Competent Authority.
Obligations on public authorities
Every
public authority shall-
(a)
Maintain all its records, in such a manner and form as is consistent
with its operational requirements duly catalogued and indexed;
(b) Publish at such intervals as may be prescribed by the Government-
(i)
the particulars of its organization, functions and duties;
(ii) the powers and duties of its officers and employees and the
procedure followed by them in the decision making process;
(iii) the norms set by the public authority for the discharge
of its functions;
(iv) laws, bye-laws, rules, regulation, instructions, manuals
and other categories of records under its control used by its
employees for discharging its functions;
(v) the details of facilities available to citizens for obtaining
information; and
(vi) the name, designation and other particulars of the Competent
Authority.
(c)
Publish all relevant facts concerning important decisions and policies
that affect the public while announcing such decisions and policies;
(d) Give reasons for its decisions, whether administrative or quasi-judicial
to those affected by such decisions;
(e) Before initiating any project, publish or communicate to the
public generally or to the persons affected or likely to be affected
by the project in particular, the facts available to it or to which
it has reasonable access which, in its opinion, should be known
to them in the best interests or maintenance of democratic principles.
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 he seeks information.
Provided
that where a person cannot, 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 applicant or pass orders thereon refusing the request
as soon as practicable but normally within 15 days and in any case
within thirty days from the date of receipt 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.
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 or 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 cannot be denied to the Legislative 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
Ministers, Secretaries and other officers.
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 hear.
(4) Every appeal shall be disposed as expeditiously as possible
and endeavour shall be made to dispose of the appeal within thirty
days from the date on which it is presented.
Obligation on Competent Authority
Every
Competent Authority shall be under a duty to maintain all its records,
as per its operational requirements, duly catalogued and indexed,
and grant access to information, subject to the provisions of this
Act, to any citizen requesting for such access.
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 rue, 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.
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 Incharge of Administrative
Reforms Department, then the Finance Minster 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 by 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 maters related to right to information, such as:-
(a)
review of the operation of this Act and the rules made there under;
(b) review of the administrative arrangements 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.
Act
to have over-riding effect
The
provisions of this Act shall have effect notwithstanding anything
inconsistent herewith contained in any other enactment of the Legislative
Assembly of Delhi, for the time being in force.
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.
Charging
of fees
The
Competent Authority shall charge such fees for supply of information
as may be prescribed by rules, but which shall not exceed the cost
of processing and making available of the information.
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.
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.
Removal of difficulties
(1)
If any difficulty arises in giving effect 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 purposes of removing difficulty;
Provided
that no 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.
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