Delhi Right to Information Act 2001
No: 7 Dated: May, 16 2001
Delhi Right to Information Act 2001
(Delhi Act 7 of 2001)
An Act 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:
1. Short title and commencement. -(1) This Act may be called the Delhi Right to Information Act, 2001.
(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. 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 239AA 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 set up 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 the 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.
3. Right to information. -Subject to the provisions of this Act, every citizen shall have right to obtain information from a competent authority.
4. 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 organisation, 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 of maintenance of democratic principles.
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 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 fifteen 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.