Delhi Right To Information Act 2001 [DRTIA]

1. Delhi Right To Information Act 2001[DRTIA] Commonwealth Human Rights Initiative N-8, Second Floor Green Park, New Delhi 110 016 Tel: +91(11) 2686 4678 Fax: +91(11) 2686 4688 Email: chriall@nda.vsnl.net.in Website: www.humanrightsinitiative.org

2. DRTIA 2001 - You can now… Access Information from Departments of the Delhi Government by: Getting certified copies of documents or records (You can also take notes and extracts or inspect them) Inspection of works, taking samples of material. Commonwealth Human Rights Initiative

3. Information Also to Be ProvidedVOLUNTARILY Government Departments to publish information at fixed intervals like: Particulars of organisation, functions and duties; Details of facilities available to citizens for obtaining information. Categories of records maintained by them; Information regarding important decisions and policies that will affect the public. This info to be published in: booklets, folders, pamphlets and through notice boards, information counters, websites etc. Commonwealth Human Rights Initiative

4. Information- From Whom? You can access information from about 120 departments of the Delhi Government Each dept. has an officer called – ‘COMPETENT AUTHORITY’ (CA) The CA’s role- Accept applications for and provide/reject information. Commonwealth Human Rights Initiative

5. Getting Information- You Have To… • Fill up a form(FORM ‘A’) stating what information you want. (Available with CAs free of cost.). • Submit it to theCOMPETENT AUTHORITY. • Forms can also be submitted through E-mail. Commonwealth Human Rights Initiative

6. Does One Have to Pay Anything? Yes! Application fee to be paid while submitting the form which is: Rs. 50/- for general information. Rs. 500/- for commercial information.(like tenders/contracts/bids etc.). In addition to this: Rs. 5/- per page to be paid for supply of information. For applications via E-mail, payment of application fee to be made in 7 days. Commonwealth Human Rights Initiative

7. After You File an Application… • The CA should provide information or reject your application giving reasons in writing. • The CA should do this normally within 15 days and in any case within 30 days from the date of applying. Commonwealth Human Rights Initiative

8. Can the CA Refuse to Give You Information? Yes. ButONLYif the information falls under Sec 6 of the DRTIA. No other reason can be given by the CA. For example.Info regarding sovereignty/security of the country; affecting Centre/State relations, trade commercial secret etc. Note: Normally information needed by RWAs/Citizens doesn’t fall under the exempted categories. Commonwealth Human Rights Initiative

9. What to Do If… You don’t hear from the CA within 30 days or, You don’t think CA has provided you with the correct information or, You don’t agree with the CA’s reasons for rejecting your application. You can file an APPEAL to the: PUBLIC GRIEVANCE COMMISSION (PGC) M-BLOCK, II FLOOR, VIKAS BHAWAN, NEW DELHI-110002 Phone No. 23379900 Fax No. 23379903 & 23378134 Commonwealth Human Rights Initiative

10. If the PGC Decides in Your Favour… The CA has to provide the information to you within the timeframe specified by the PGC. (This period cannot be beyond 30 days from the date of the receipt of the order.) NOTE: You have to pay a fee of Rs. 50/- while filing an appeal to the PGC. Commonwealth Human Rights Initiative

11. What Happens to Erring Officials? If no information or reasons for rejection given within 30 days- Penalty of Rs. 50/- for each day’s delay, subject to a maximum of Rs.500/-. If false information is given- Penalty of Rs. 1000/- per application is to be levied on the official. Commonwealth Human Rights Initiative

12. RWAs & RTI • FULFILL CONSTANT NEED FOR INFORMATION. • INCREASE PARTICIPATION IN GOVERNANCE. • CONTRIBUTE TOWARDS AN ACCOUNTABLE & TRANSPARENT FUNCTIONING OF THE GOVERNMENT. Commonwealth Human Rights Initiative

13. GROUP ACTIVITY • Identify two key issues of concern • Identify Government Body and the Information Needed • Frame Questions and Fill Form – ‘A’

14. Thank You • Commonwealth Human Rights Initiative • N-8, Second Floor • Green Park, New Delhi 110 016 • Tel: +91(11) 2686 4678 • Fax: +91(11) 2686 4688 • Email: chriall@nda.vsnl.net.in • Website: www.humanrightsinitiative.org