Delhi Act 7 of 2001

Dl26

In exercise of the powers conferred by sub-section (1) of section 15 of the Delhi Right to Information Act, 2001 (Delhi Act No. 7 of 2001), the Government of Delhi hereby makes the following rules, namely: -

Short, title and commencement.:- (1) These rules may be called the Delhi Right to Information Rules, 2001.

(2) They shall come into force from the date of their publication in the official Gazette.

Definitions.:- (1) In these rules, unless the context otherwise requires, -

(a) 'Act' means the Delhi Right to Information Act, 2001 (Delhi Act No. 7 of 2001);

(b) authorised person means a person nominated by the competent authority to accept fee prescribed under these rules;

(d) 'section' means a section of the Act.

(2) Words and expressions used but not defined in these rules shall have the meaning as assigned to them in the Act.

[3. Application for seeking information. - Any person seeking information under the Act shall make an application in Form A to the competent authority and deposit application fees in cash or in the form of affixing non- judicial stamp on the application or postal order or Bank draft in the name of Govt. of NCT of Delhi as per rule 8 with the authorised person. The competent Authority shall duly acknowledge the application as provided in Form A:

Provided that a person who makes a request through electronic form shall ensure that the requisite fee is deposited in cash or in form of postal order or Bank draft in the name of Govt. of NCT of Delhi as per rule 8 with the authorised person within seven days of his request sent through electronic form, failing which his application shall be treated as withdrawn by the applicant.]

Disposal of application by the competent authority.:- (1) If the requested information does not fall within the jurisdiction of the competent authority, it shall order return of the application to the applicant in Form B as soon as practicable, normally within fifteen days and in any case within thirty days of the receipt of the application, advising the applicant, wherever possible, about the competent authority to whom the application should be made. The application fee deposited in such cases shall not be refunded.

(2) If the requested information falls within the competent authority's jurisdiction and also in one or more of the categories of restrictions listed in section 6 of the Act, the competent authority, on being satisfied, will issue the rejection order in Form C as soon as practicable, normally within fifteen days and in any case, within thirty days from the date of the receipt of the application.

(3) If the requested information falls within the competent authority's jurisdiction but not in one or more of the categories listed in section 6 of the Act, the competent authority, on being so satisfied, shall supply the information to the applicant in Form D, falling within his jurisdiction. In case, the information sought is partly outside the jurisdiction of the competent authority or partly falls in the categories listed in section-6 of the Act, the competent authority shall supply only such information as is permissible under the Act and is within its own jurisdiction and reject the remaining part giving reasons thereof.

(4) The information shall be supplied as soon as practicable, normally within fifteen days and in any case within thirty days from the date of the receipt of the application on deposit of the balance amount, if any, to the authorised person, before collection of information. A proper acknowledgement shall be obtained from the applicant in token of receipt of information.

Appeal.- (1) Any person :-

(a) who fails to get a response in Form B, or Form C from the competent authority within thirty days of submission of Form A, or

(b) is aggrieved by the response received within the prescribed period,may appeal in Form E to the Public Grievances Commission and deposit fee for appeal as per rule 8 with the authorised person.

(2) On receipt of the appeal, the Public Grievances Commission shall acknowledge the receipt of appeal and after giving the applicant an opportunity of being heard, shall endeavor to dispose it of within thirty days from the date on which it is presented and send a copy of the decision to the competent authority concerned.

(3)(a) Where the appeal is filed on the ground specified in clause (a) of sub-rule (1) of this rule, no appeal shall be admissible after sixty days of the submission of the application in Form A. -

(b) Where the appeal is filed on the ground specified at Rule in clause (b) of sub-rule (1) of this rule, no appeal shall be admissible after thirty days of the issue of the response appealed against.

(4) In case the 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 thirty days from the date of the receipt of the order.

Penalties.- (1) Whoever being bound to supply information under sub-section (1) of section 5 of the Act fails to furnish the information asked for under the Act within the time specified or fails to communicate the rejection order under sub-section (2) of section 5 of the Act, shall be liable to pay a penalty of fifty rupees per day for the delayed period beyond thirty days subject to a maximum of five hundred rupees per application, filed under rule 3.

(2) Where 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 one thousand rupees per application, filed under rule 3.

Suo-motu Publication of Information by public authorities.- (1) The public authority shall suo-motu publish information as per clause (b) of section 4 of the Act by publishing booklets, folders and pamphlets at the following intervals:

S. No.	Particulars of Information to be published	Interval
1.	Particulars of its organization, functions and duties.	Once in five years
2.	Powers and duties of its officers and employees and the procedure followed by them in the decision making process	Once in two years
3.	Norms set by the public authority for the discharge of its functions	Once in two years
4.	Laws, bye-laws, rules, regulations, instructions, manuals and other categories of records under its control used by its employees for discharging its functions	Once in five years
5.	Details of facilities available to citizens for obtaining information	Annually
6.	Name, designation and other particulars of the competent authority	Annually

Charging of Fee.- (1) The competent authority shall charge the fee at the following rates, namely: -

(A) Application fees
(i)	Application Fee	Twenty Five rupees per application
(B) Other Fees -
S.No	Description of Information	Price / Fees in Rupees
1.	Where the information is available in the form of a priced publication.	Price so fixed
2.	For other than priced publication.	Five rupees per page
3.	Inspection of documents.	Fifteen rupees per 15 minutes (or fraction thereof)

State Council for Right to Information.- (1) The State Council for Right to Information shall consist of the following members:

1.	Chief Minister	Chairman
2.	Minister Incharge of the Administrative Reforms Department/Finance Minister (if Chief Minister is the Minister In-charge of the Department of Administrative Reforms). Member
3.	Three Members of the Legislative Assembly of NCT of Delhi.	Members
4.	Chief Secretary, Government of NCT of Delhi	Member
5.	Five officers from amongst Principal Secretaries/ Secretaries/Head of Departments, Government of NCT of Delhi	Members
6.	Two representatives of the Media (Print/Electronic)	Members
7.	Four representatives of non government institutions	Members
8.	Two representatives of resident welfare associations	Members
9.	Two representatives of industry / trade / commerce	Members
10.	Secretary incharge of the Department of Administrative Reforms.	Member Secretary:

(2) The three members of the Legislative Assembly of the National Capital Territory of Delhi, of whom one shall be woman, shall be nominated as members of the State Council for Right to Information by the Speaker of the Legislative Assembly

(3) The seven officials and ten non-official members of the State Council, as listed above at serial numbers 4, 5 and 10 and from serial numbers 6 to 9 respectively, shall be nominated by the Government.

Maintenance of Records.- (1) The competent authority shall maintain records of all applications received for supply of information and fee charged.

(2) The Public Grievances Commission shall maintain records of all appeals filed before it and fee charged.

FORM A

FORM OF APPLICATION FOR SEEKING INFORMATION

(See rule 3)

I.D. No ..............................

(For official use)

The Competent Authority,

Name of the Applicant
Address
Particulars of information-

(a) Concerned department

(b) Particulars of information required

(i) Details of information required

(ii) Period for which information asked for

(iii) Other details

I state that the information sought does not fall within the restrictions contained in section 6 of the Act and to the best of my knowledge it pertains to your office.
A fee of Rs.......... has been deposited in the office of the Competent Authority vide No......... dated............

Place ...........................

Signature of Applicant

Date ............................

E-mail address, if any:

Tel. No. (office) ..........................

(Residence) .................................

Note.-(i) Reasonable assistance can be provided by the Competent Authority in filling up the Form A.

(ii) Please ensure that the Form A is complete in all respect and there is no ambiguity in providing the details of information required.

Acknowledgement of Application in Form A

I.D. No ..........................

Dated.........................

Received an application in Form A from Shri/Ms ............................. resident of .................................... under section 5(1) of the Delhi Right to Information Act, 2001.
The information is proposed to be given normally within 15 days and in any case within 30 days from the date of receipt of application and in case it is found that the information asked for can not be supplied, the rejection letter shall be issued stating reason thereof.
The applicant is advised to contact the undersigned on .......................... between 11 A.M. to 1 P.M.
In case the applicant fails to turn upon the scheduled date(s), the Competent Authority shall not be responsible for delay, if any.
The applicant shall have to deposit the balance fee, if any, with the authorised person before collection of information.
The applicant may also consult Web-site of the department from time to time to ascertain the status of his application.

Signature and Stamp of the Competent Authority

E-mail address: .....................

Web-site ................................

Tel. No ..................................

Dated ..........................

FORM B

OUTSIDE THE JURISDICTION OF COMPETENT AUTHORITY

[See rule 4(1)]

From .................................

Date...............................

No. F ...............................

To,

.................................

Sir /Madam,

Please refer to your application, I.D. No . .....................dated ....................... addressed to the undersigned regarding supply of information on ........................................................

The requested information does not fall within the jurisdiction of this Competent Authority and, therefore, your application is being returned herewith.
This is in supersession of the acknowledgement given to you on............
You are requested to apply to the concerned Competent Authority:

Yours faithfully,

Competent Authority

E-mail address ........................

Web-site .................................

Tel. No .................................

FORM C

REJECTION ORDER

[See rule 4(2)]

From .................................

No. F ...............................

To,

.................................

Date ...............................

Sir/Madam,

Please refer to your application, I.D. No . .....................dated ....................... addressed to the undersigned regarding supply of information on ..........................

The information asked for cannot be supplied due to following reasons:

(i)

(ii)

As per section 7 of Delhi Right to Information Act, 2001, you may file an appeal to the Public Grievances Commission, Government of Delhi, within 30 days of the issue of this order.

Yours faithfully,

Competent Authority

E-mail address ......:..........................

Web-site ..........................................

Tel. No ...........................................

FORM D

FORM OF SUPPLY OF INFORMATION TO THE APPLICANT

[See rule 4(3)]

From ................................

Date ...............................

No. F ..............................

To,

.................................

Sir/Madam,

Please refer to your application, I.D. No . .....................dated ....................... addressed to the undersigned regarding supply of information on ..................................

The information asked for is enclosed for reference.*

The following partly information is being enclosed.*

(i)

(ii)

The remaining information about the other aspects cannot be supplied due to following reasons:-*

(i)

(ii)

(iii)

The requested information does not fall within the jurisdiction of this Competent Authority.*
As per section 7 of Delhi Right to Information Act, 2001, you may file an appeal to the Public Grievances Commission, Government of Delhi, within 30 days of the issue of this order.*

Yours faithfully,

Competent Authority

E-mail address .................................

Web-site ..........................................

Tel. No ..........................................

FORM E

APPEAL UNDER SECTION 7(1) OF THE DELHI RIGHT TO INFORMATION ACT, 2001

[See rule 5(1)]

I.D. No ...........................

(For official use)

The Secretary,

Public Grievances Commission,

M Block, Vikas Bhawan,

New Delhi-110002.

Name of the Applicant
Address
Particulars of the Competent Authority

(a) Name

(b) Address

Date of submission of application in Form A
Date on which 30 days from submission of Form A is over
Reasons for appeal

(a) No response received in Form B, or C within 30 days of submission of Form A [Rule 5(1) (a)]

(b) Aggrieved by the response received within prescribed period [Rule 5(1) (b)]

(A copy of the reply receipt be attached)

Last date for filing the appeal. [Please see Rule 5 (3)]
Particulars of Information-

(i) Information requested

(ii) Subject

(iii) Period

A fee of Rs. 50 for appeal has been deposited in P.G.C. vide Receipt No. .......................... dated.................

Place ...........................

Signature of Appellant

Date ...........................

E-mail address, if any:

Tel. No. (Office) .........................

(Residence) .................................

Acknowledgement

I.D. No ........................

Dated...........................

Received an Appeal application from Shri ................................. resident of ................................................... under section 7(1) of the Delhi Right to Information Act, 2001.

Signature of Receipt Clerk,

Public Grievances Commission.

Tel. No .................................................

E-mail address...............................................

Web-site ...............................................

FORMAT OF REGISTER TO BE MAINTAINED BY THE COMPETENT AUTHORITY

[See rule 10 (1)]

I.D.No.	Name and Address of Applicant	Date of receipt of application in Form A	Type of Information asked	Particulars of fee deposited			Status of disposal of application
				Amount	Receipt NO.	Date	Information		Application
							Supplied	Partly Supplied	Rejected	Returned to applicant

I.D. No.	Name and Address of Applicant	Particular of Competent Authority against whom appeal filed	Grounds of appeal	Particular of amount of Rs. 50 as fee deposited in P.G.C.		Date of final disposal of appeal	Order passed by the P.G.C.
				Receipt No.	Date

Delhi Right To Information Rules, 2001