In exercise of the power
conferred by sub-section (1) of Section 28 of the Right to information Act,
2005, read with Article 235 of the Constitution of India and all other enabling
provisions, the High Court of Delhi hereby makes, in respect of the courts
subordinate to it, following Rules: CHAPTER
I GENERAL (a)
These Rules may be called the Delhi District Courts (Right to
Information) Rules, 2008. (b)
They shall come into force from the date of publication in the
Official Gazette. In the rules, unless the context
otherwise requires (a)
'Act' means the Right to Information Act, 2005; (b)
'Section' means section of the Act; (c)
'Court' means Courts subordinate to the High Court of Delhi,
including Motor Accident Tribunals, Industrial Tribunals and Labour Courts; (d)
'High Court' means High Court of Delhi; (e)
'District Judge' means the District Judge of Delhi; (f)
'Public Information Officer', means an officer so designated under
sub-section (1) of section 5 of the Act, and includes an officer designated as
'Link Officer' under said sub-section to work in the absence of the 'Public
Information Officer' by the District Judge who shall not be below the rank of a
Superintendent; (g)
'Assistant Public Information Officer' means an officer so
designated under sub-section (2) of section 5 of the Act and includes an
officer designated as 'Link Officer' under said sub-section to work in the
absence of 'Assistant Public Information Officer' by the District Judge who
shall not be below the rank of a Superintendent; (h)
'First Appellate Authority' means an officer so designated to hear
appeals under sub-section (1) and sub-section (2) of section 19 of the Act and
includes an officer designated as 'Link Appellate Authority' under said
sub-section to work in the absence of 'First Appellate Authority'; (i)
'Form' means Forms appended with these rules; (j)
All other words and expressions used herein but not defined and
defined in the Act shall have the same meaning as assigned to them in the Act. The District Judge shall make
constant endeavour to provide as much information as possible in accordance
with the requirement of sub-section (1) (b) of section 4 of the Act, to the
public at regular intervals through various means at his disposal including
Internet. CHAPTER
II FILING OF APPLICATION, PAYMENT OF FEES AND
INSTRUCTIONS (a)
A person desirous of seeking information under sub section (1) of
section 6 of the Act, shall submit an application in writing or through the
electronic means in English or Hindi in Form A, accompanied by an application
fee of rupees ten by way of cash against a proper receipt or by bank draft or
banker's cheque, or an Indian postal order payable to the District Judge. A
receipt in Form B shall be given to the applicant of having submitted the
application. (b)
A register in Form C shall be maintained called Information
Register to register and keep the record of the applications filed under
sub-section (1) of section 6 of the Act. (c)
For providing the information under sub-section (1) of section 7,
the fee shall be charged by way of cash against a proper receipt or by a demand
draft or bankers cheque or Indian postal order payable to the District Judge at
the following rates: (i)
rupees two for each page; and (ii)
for the inspection of records, no fee for the first hour; and a
fee of rupees five for each subsequent hour or fraction thereof. (d)
For providing the information under sub-section (5) of section 7,
the fee shall be charged by way of cash against a proper receipt or by demand
draft or banker's cheque or Indian postal order payable to the District Judge
at the following rates: (i)
for information provided in diskette or floppy-rupees fifteen per
diskette or floppy with rupees two for each page scanned and stored in the
diskette or the floppy; and (ii)
for information provided in printed form-at the price fixed for
such publication or rupees two per page of phoopy for extract from the
publication. (e)
The information for payment to be made under sub-rule (c) and (d),
if necessary, shall be sent to the applicant in Form D, asking the applicant to
make the payment within fifteen days of the receipt of the intimation failing
which the application shall be rejected. (f)
The application submitted in electronic form shall be digitally
signed by the applicant. It shall be sent at the designated electronic mail
address of the Public Information Officer. An application so sent shall not be
considered till the time prescribed fee has been paid in the manner stated in
sub-rule (a). The applicant shall take the steps for depositing the fee within
seven days of sending the application in the electronic form. In case, the
applicant fails to deposit the fee within this time, it will be considered as
if no such application has been filed. (g)
No applicant who belongs to 'below poverty line' category shall be
required to pay any fee for seeking any information. He shall, however, be
required to file with his application some record which may suggest that he or
she belongs to this category. (h)
No applicant who requires information concerning life and liberty
of any person shall be required to pay fee for seeking information. He shall,
however, be required to state clearly the purpose of the information with brief
explanation of the same. (i)
The applicant, if he or she so desires, may be allowed to deposit
fee in advance, to be deposited under sub-rule (c) and (d) subject to being adjusted
at the time of delivering the information. (j)
An applicant desirous of information being supplied by post, shall
file adequately pre-stamped envelope for sending the information by registered
post/speed post. (k)
Where the applicant fails to turn up for collecting the
information on the appointed day, the same shall be kept pending for another
fifteen days. After fifteen days the information shall not be supplied to the
applicant unless he or she submits a fresh application with the requisite fees
in accordance with sub-rule (a) and paying the fee as charged under sub-rule
(c) and sub-rule (d), if any, in case the fee has not been deposited in advance
in accordance with sub-rule (i). (l)
In the event of failure to put in a fresh application or pay the
charges referred to in sub-rule (k) action shall be taken under Rule 6 to
recover the balance due, if any, against the applicant. (m)
For every information sought a separate application shall be made
except where the informations sought are consequential or related to one
another. (a)
Where an applicant files an application relating to information
referred to in Section 8(j) of the Act, which may constitute unwarranted
invasion of the privacy of an individual, he shall clearly state the reasons
justifying the disclosure of information in the larger public interest and
shall also produce such other documents or material, if any, which may justify
such a disclosure. (b)
Where the Public Information Officer or the Assistant Public
Information Officer intends to send a notice to the third party under
sub-section (1) of section 11 of the Act, he or she, shall within five working
days of the filing of the application send the same in Form E, inviting the
third party to make a representation orally or in writing against the proposed
disclosure of the information within ten days from the date of the receipt of
the notice, by speed post in a pre-stamped envelope furnished by applicant
within two working days after being informed that the information asked for is
intended to be disclosed to him, accompanied by the copy of the Application and
the documents or material, if any, produced in support of the application. In
case, the applicant fails to furnish the pre-stamped envelope within the
prescribed time unless extended by another two working days by the Public
Information Officer and Asst. Public Information Officer, as the case may be,
the applicant shall be deemed to be not interested in the prosecution of the
application and the same shall be dismissed. (c)
Where the Public Information Officer or the Assistant Public
Information Officer has made a decision under sub-section 3 of section 11 of
the Act, as to whether or not to disclose the information or record or part
thereof shall give in writing the notice of his or her decision to the third
party, in Form F informing inter-alia that the said party has a right to prefer
an appeal under sub-section (2) of section 19 of the Act against the decision. A separate income account shall
be kept by the Public Information Officer of the fee received under these
rules, in the Form G. After the close of every month he shall prepare or get a
statement prepared showing the applications in which the fee or part of the fee
remains to be realized. The statement shall be checked and signed by the Public
Information Officer and submitted to the Collector through the District Judge
for recovery of fees as land revenue. The Public Information Officer or
the Assistant Public Information Officer may not provide the information to the
applicant on the following grounds: (i)
The information asked for is covered by sections 8, 9, 11 or 24 of
the Act. (ii)
The information asked for relates to Delhi Judicial Service or
Delhi Higher Judicial Service and it has no jurisdiction to provide such an
information to the applicant. (iii)
The information relates to the confidentiality of any examination
or selection process conducted by the office of the District Judge for the
appointment of ministerial staff. (iv)
The information amounts to intrusion in the judicial work of any
court. (v)
The information amounts to overreaching a decision of any judicial
body which was authorized to provide the information but has declined to do so. (vi)
The information to be sought relates to a judicial proceeding, or
judicial functions or the matters incidental or ancillary thereto. (vii)
The information is non existent and will be necessary to create it
for supplying it to the applicant. (viii) The
information sought amounts to seeking "opinion" or
"advice", which does not form part of any record. (ix)
The information amounts to analyzing the information for the
applicant which does not form part of any existing record. (x)
The information asked for is not by a citizen but by an Alien or a
Company registered under the Company Registration Act or any other body
corporate including a non government organization except where the information
has been asked for by any of the office bearers of these organizations in their
individual capacity as the citizens of India. (xi)
The application of the applicant may be dismissed if the name and
the address provided by the applicant are found to be not correct. (xii)
The information asked for relates to a vigilance enquiry, except
for the final result of the enquiry. (xiii) Any other
reason which may justify not providing the information to the applicant. The Public Information Officer or
the Assistant Public Information officer should, as far as possible, follow the
following instruction: (i)
The right to information is a valuable right granted to a citizen,
therefore, granting the information is the rule and its rejection an exception. (ii)
Where ever there is a doubt as to whether the information should
be supplied to the applicant or not, it should be supplied to applicant. (iii)
The application should not be rejected merely because it does not
conform to the Form prescribed if it is otherwise possible to clearly
understand what information is being asked for. (iv)
If the application is found to be vague or it is not possible to
make out as to what is being asked for by the applicant, the Public Information
Officer or the Assistant Public Information Officer may extend help to the
applicant, in re-framing the information asked for. (v)
Where the information asked for relates to a voluminous record and
the applicant desires to be supplied with copies of the part of the record, the
applicant may be allowed to inspect the record to point out the documents the
copies of which he would like to be supplied. (vi)
Where the applicant is sensorily disabled or illiterate, the
Public Information Officer or the Assistant Public Information Officer shall
provide assistance to enable access to information, including the assistance to
reduce the application in writing and to inspect the record. (vii)
The Public Information Officer or the Assistant Public Information
Officer, shall always keep in mind, while dealing with an application relating
to courts that Section 4(1)(d) of the Act does not apply to judicial
proceedings conducted by a court or a tribunal as it refers to only
administrative and quasi-judicial decisions. (viii) Where the
application is being declined for the reason stated in Rule 7(iii), the
confidentiality shall be decided by the District Judge whose decision shall be
final in the matter. (ix)
Where the Public Information Officer or the Assistant Public
Information Officer intends to disclose the personal information relating to a
third party, he or she will not do so without following the procedure laid down
in Section 11 of the Act. It will, however, not be necessary to do so in case
the information is intended to be declined. (x)
Where the Public Information Officer or the Assistant Public
Information Officer intends to decline the information on the ground of it
being covered by section 8(1)(d) of the Act, he or she shall do so only with
the approval of the District Judge. (xi)
Where the Public Information Officer or the Assistant Public
Information Officer, intends to disclose the information covered by Section
8(1)(e) of the Act, he or she shall not do so without the permission of the
High Court. (xii)
Where the Public Information Officer or the Assistant Public
Information Officer intends to disclose the information under section 8(2) of
the Act, he or she shall do so only with the permission of the District Judge. (xiii) Where the
part of the information asked for is vague or it is difficult to make out from
it, what is being asked for or it cannot be provided for the reasons stated in
rule 4 or part of the information is such which can be supplied, the Public
Information Officer or the Assistant Public Information Officer shall supply
part of the information which can be supplied. (xiv)
Where the information asked for is readily available on the
website of the Delhi District Court or in any book or in any other printed
form, the Public Information Officer or the Assistant Public officer shall
inform the applicant of the source where this information is available and
supply him copy or copies of the same only when specifically asked for. (xv)
The Public information Officer or the Assistant Public Information
Officer shall provide information in the form in which it is sought unless it
would disproportionately divert the resources of the District Court or would be
detrimental to the safety or preservation of the record in question. (xvi)
Where the information is supplied as the copies of the record, the
same shall be paginated, stamped and signed by the Public Information Officer
or the Assistant Public Information Officer on each page, as the case may be. The applicants approaching the
Public Information Officer or Assistant Public Information Officer, as far as
possible, follow the following instructions: (i)
The application should clearly state the information desired to be
supplied by the Public Information Officer or the Assistant Public Information
Officer. (ii)
In one application information asked for should be limited to one
subject matter for which it would be possible to provide the information from
one set of record. (iii)
The information asked for should, as far as possible, be precise
and brief so as to enable the Public Information Officer or the Assistant
Public Information Officer to process the information expeditiously. (iv)
In the application filed, avoid using foul or defamatory language
or including extraneous matter having no bearing on the information sought. (v)
Although the applicant is not bound to inform as to the reason for
which the information is being asked for but providing such an information
voluntarily, may help in identifying information asked for and result in
providing the information expeditiously. (vi)
Do not ask too many informations in one application, unless it is
necessary to do so. (vii)
Do not ask for information in the shape of opinions or advises,
unless they have been part of any record. (viii) Do not
expect the Public Information officer or the Assistant Public Information
Officer to provide information on the basis of hypothetical questions. (ix)
Do not expect the Public Information Officer or the Assistant
Public Information Officer will create an information and supply it. (x)
Do not expect the Public Information Officer or the Assistant
Public Information Officer to analyze facts and provide the information unless
such an analysis is a part of any record. (xi)
No information can be provided relating to any judicial proceeding
under this Act. (xii)
An individual is welcome to file as many applications as he or she
may desire but care should be taken that they are not aimed at causing
harassment to any one. (xiii) Name and
address are required to be stated correctly. If it is found that the name and
address given in the application are not correct, it may result in the
dismissal of the application. (xiv)
If the applicant is an employee of the office of the District and
Sessions Judge office and aim of his seeking the information is linked with the
redressal of any of his grievances, it would be appropriate for him to approach
the concerned authority first before seeking information under the Act. The Public Information Officer or
the Assistant Public Information Officer shall communicate the order of
rejection of the application of providing the information or its disclosure to
the applicant in Form H and I, as the case may be. CHAPTER
IV APPEALS TO FIRST APPELLATE AUTHORITY (a)
An appeal preferred by any person under sub-section (1) or an
appeal preferred by a third party under sub-section (2) of section 19 of the
Act, shall be accompanied by a fee of rupees fifty, except where the applicant
belongs to 'below poverty line' category or the information asked for concerns
life or liberty of any person, by way of cash against a proper receipt or by
bank draft or bankers cheque or an Indian postal order payable to the District
Judge and it shall contain the following: (i)
Name and address of the appellant; (ii)
particulars of the order including number, if any, against which
the appeal is preferred; (iii)
brief facts leading to the appeal; (iv)
grounds of appeal; (v)
relief claimed; and (vi)
any other information which the First Appellate Authority may
require to be filed before hearing the appeal. (b)
Documents to accompany appeal: Every appeal made to the First
Appellate Authority shall be accompanied by following documents: (i)
Self-attested copies of the orders or documents of the Public
Information Officer or of the Assistant Public Information Officer against
which the appeal is being preferred; and (ii)
copies of documents relied upon and referred to by the appellant
in the appeal. A Register of appeals shall be
maintained by the office of the First Appellate Authority in Form J and
following details shall be entered in it:- (i)
Registration No. (ii)
Name and particulars of applicant/appellant. (iii)
Name and particulars of respondent/non-applicant. (iv)
Details of the order of Public Information Officer/Asst. Public
Information Officer against which appeal is preferred. (v)
Date of order. (vi)
Decision. (vii)
Remarks. (a)
Any order passed by the First Appellate Authority shall be binding
on the appellant as well as on the Public Information Officer or the Assistant
Public Information Officer subject to it being set aside, varied or modified in
second appeal filed under sub-section (3) of section 19 of the Act. (b)
The First Appellate Authority may by its orders set aside, vary or
modify the orders of the Public Information Officer or the Assistant Public
Information Officer and in doing so the First Appellate Authority shall have
power to: (i)
go into not only the manner in which the decision was made also
the merits of the decision; (ii)
pass orders as to the payment of the fee and the charges to be
paid for receiving the information; (iii)
direct the information to be supplied in a particular form; (iv)
dismiss the appeal; or (v)
pass any other orders or directions as may be necessary and
considered appropriate in the given circumstances of the case. CHAPTER V MISCELLANEOUS The
Public Information Officer or the Assistant Public Information Officer or the
First Appellate Authority, shall give reasons for declining the request of the
Applicant of providing information or taking any decision as to the fees or the
charges against the Applicant. (a) Every
officer or the employee of the District and Sessions Judge's office, who is
called upon to supply the information, shall do so as expeditiously and
accurately in accordance with the record without concealing or withholding any
information. (b) In case
of his or her failing to supply the information in time or it being inaccurate
or false, without any reasonable explanation, the District Judge, on being
informed by the Public Information Officer or Assistant Public Information
Officer, may proceed to take disciplinary action against such an officer or
employee under sub-rule (1)(ii) of Rule 3 of Central Civil Services (conduct)
Rules, 1964. (a) All
records relating to the application filed for seeking information and the
appeals filed under the provisions of the Act, shall be preserved in accordance
with the table given below: TABLE Sl. No. Nature of the Record Period for which the
record is to be preserved 1 All applications under
section 6 of the Act and all proceedings and papers related thereto, wherein
the information has been supplied. Six months 2 All applications under
section 6 of the Act and all proceedings and papers related thereto, wherein
the information has not been supplied or partially supplied. One year 3 All appeals under section
19(1) and 19(2) of the Act, which have been allowed. Six months 4 All appeals which have
been disallowed or partially allowed. One year 5 All Registers maintained
in respect of application filed under section 6 of the Act and the appeals
filed under section 19 (1) of the Act. Three years 6 Annual Returns. Ten years (b) Notwithstanding
anything in sub-rule (a) the record of an application filed under section 6 of
the Act shall be preserved till the time any appeal preferred under section
19(1) or 19(2) of the Act has been concluded and the directions given, if any,
by the Appellate Authority has been carried out. (c) Notwithstanding
anything stated in sub-rule (a) the record of an appeal filed under section
19(1) or 19(2) of the Act, shall be preserved till the appeal preferred, if
any, against it under section 19(3) has been concluded and the direction given,
if any, in such an appeal has been carried out. (d) Notwithstanding
anything stated in sub-rule (a), sub-rule (b) and sub-rule (c), the District
Judge may in his discretion direct any record to be preserved for a period
longer than stated above. (e) The
destruction of the record should be carried out under the supervision of the
Public Information Officer or any other officer instructed to supervise the
destruction. (f) The waste
paper should be sold in the open market along with the other waste paper
generated in the office of the District and Sessions Judge. It shall not be
necessary to keep a separate account of the sale of the waste paper so
generated. (a) As soon
as practicable after the end of each year, the Public Relation Officer, shall
prepare a report on the implementation of the provision of the Act during that
year and forward a copy thereof to the Central Information Commission in Form
K. (b) Each
report shall state in respect of the year to which the report relates: (i) the total
number of requests received during the year; (ii) decisions
where applications for information were rejected; (iii) number of
cases where disciplinary action was taken against any officer/employee for not
supplying the information; (iv) number of
times various provisions were invoked while rejecting request such as section
(1), section 9, section 11, section 24 of the Act or for other reasons. Explanation:
An application where partial information has been supplied shall be counted as
an application which has been allowed. (v) amount of
fee collected, additional fee and any other charges and amount of penalties
imposed and recovered. The
Public Information Officer shall lay down such instruction as may be necessary
for observing the hours for the filing of applications, inspection of record or
the manner in which the inspection is to be made or such other matters relating
to the convenience of the applicants, with the prior permission of the District
Judge. The
District Judge shall have the power to issue, from time to time, such
instructions or directions or pass orders as may be necessary for the
implementation of these rules, the provisions of the Act, the rules framed thereunder
by the Central Govt. the direction or instruction given by the Govt. of
National Capital Territory of Delhi, Central Govt., Central Information
Commission, State Information Commission or the High Court. The High
court shall have the power to call for the report on any of the subject matter
covered by these rules and the provisions of the Act and to pass such orders or
give such instructions as appear to be necessary or expedient for the removal
of any difficulty, arising in giving effect to these rules and the provisions
of the Act.DELHI
DISTRICT COURTS (RIGHT TO INFORMATION) RULES, 2008
PREAMBLE