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An Act to provide for
setting out the practical regime of right to
information for citizens to secure access to
information under the control of public
authorities, in order to promote
transparency and accountability in the
working of every public authority, the
constitution of a Central Information
Commission and State Information Commissions
and for matters connected therewith or
incidental thereto.
WHEREAS the Constitution of
India has established democratic Republic;
AND WHEREAS democracy requires
an informed citizenry and transparency of
information which are vital to its
functioning and also to contain corruption
and to hold Governments and their
instrumentalities accountable to the
governed;
AND WHEREAS revelation of
information in actual practice is likely to
conflict with other public interests
including efficient operations of the
Governments, optimum use of limited fiscal
resources and the preservation of
confidentiality of sensitive information;
AND WHEREAS it is necessary to
harmonize these conflicting interests while
preserving the paramountcy of the democratic
ideal;
NOW, THEREFORE, it is expedient
to provide for furnishing certain
information to citizens who desire to have
it.
BE it enacted by Parliament in
the Fifty-sixth Year of the Republic of
India as follows: —
CHAPTER I
Preliminary
Short, title, extent and
commencement
1. (1)
This Act may be called the Right to
Information Act, 2005.
(2) It extends to the whole of
India except the State of Jammu and Kashmir.
(3) The provisions of sub-section (1)
of section 4, sub-sections (1) and
(2) of section 5, sections 12, 13,
15,16, 24, 27 and 28 shall come into force
at once, and the remaining provisions of
this Act shall come into force on the one
hundred and twentieth day of its enactment.
Definitions.
2. In this Act,
unless the context otherwise requires,—
(a) "appropriate Government" means
in relation to a public authority which is
established, constituted, owned, controlled
or substantially financed by funds provided
directly or indirectly—
(i) by
the Central Government or the Union
territory administration, the
Central Government;
(ii) by
the State Government, the State Government;
(b) "Central Information
Commission" means the Central Information
Commission constituted under sub-section (1)
of section 12;
(c) "Central Public Information
Officer" means the Central Public
Information Officer designated under
sub-section (1) and includes a
Central Assistant Public Information Officer
designated as such under sub-section (2)
of section 5;
(d) "Chief Information
Commissioner" and "Information Commissioner"
mean the Chief Information Commissioner and
Information Commissioner appointed under
sub-section (3) of section 12;
(e) "competent authority" means—
(i) the
Speaker in the case of the House of the
People or the Legislative Assembly of a
State or a Union territory having such
Assembly and the Chairman in the case of the
Council of States or Legislative Council of
a State;
(ii) the
Chief Justice of India in the case of the
Supreme Court;
(iii) the
Chief Justice of the High Court in the case
of a High Court;
(iv) the
President or the Governor, as the case may
be, in the case of other authorities
established or constituted by or under the
Constitution;
(v) the
administrator appointed under article 239 of
the Constitution;
(f) "information" means any
material in any form, including records,
documents, memos, e-mails, opinions,
advices, press releases, circulars, orders,
logbooks, contracts, reports, papers,
samples, models, data material held in any
electronic form and information relating to
any private body which can be accessed by a
public authority under any other law for the
time being in force;
(g) "prescribed" means prescribed
by rules made under this Act by the
appropriate Government or the competent
authority, as the case may be;
(h) "public authority" means any
authority or body or institution of
self-government established or constituted—
(a) by
or under the Constitution;
(b) by
any other law made by Parliament;
(c) by
any other law made by State Legislature;
(d) by
notification issued or order made by the
appropriate Government, and includes any—
(i) body
owned, controlled or substantially financed;
(ii) non-Government
organization substantially financed,
directly or indirectly by funds provided by
the appropriate Government;
(i) "record" includes—
(a) any
document, manuscript and file;
(b) any
microfilm, microfiche and facsimile copy of
a document;
(c) any
reproduction of image or images embodied in
such microfilm (whether
enlarged or not); and
(d) any
other material produced by a computer or any
other device;
(j) "right to information" means
the right to information accessible under
this Act which is held by or under the
control of any public authority and includes
the right to—
(i) inspection
of work, documents, records;
(ii) taking
notes, extracts or certified copies of
documents or records;
(iii) taking
certified samples of material;
(iv) obtaining
information in the form of diskettes,
floppies, tapes, video cassettes or in any
other electronic mode or through printouts
where such information is stored in a
computer or in any other device;
(k) "State Information Commission"
means the State Information Commission
constituted under sub-section (1)
of section 15;
(l) "State Chief Information
Commissioner" and "State Information
Commissioner" mean the State Chief
Information Commissioner and the State
Information Commissioner appointed under
sub-section (3) of section 15;
(m) "State Public Information
Officer" means the State Public Information
Officer designated under sub-section (1)
and includes a State Assistant Public
Information Officer designated as such under
sub-section (2) of section 5;
(n) "third party" means a person
other than the citizen making a request for
information and includes a public authority.
CHAPTER II
Right to information and obligations
of public authorities
Right to information
3. Subject
to the provisions of this Act, all citizens
shall have the right to information.
4. (1) Every
public authority shall—
a) maintain
all its records duly catalogued and indexed
in a manner and the form which facilitates
the right to information under this Act and
ensure that all records that are appropriate
to be computerized are, within a reasonable
time and subject to availability of
resources, computerized and connected
through a network all over the country on
different systems so that access to such
records is facilitated;
b) publish
within one hundred and twenty days from the
enactment of this Act,—
(i) the
particulars of its organization, functions
and duties;
(ii) the
powers and duties of its officers and
employees;
(iii) the
procedure followed in the decision making
process, including channels of supervision
and accountability;
(iv) the
norms set by it for the discharge of its
functions;
(v) the
rules, regulations, instructions, manuals
and records, held by it or under its control
or used by its employees for discharging its
functions;
(vi) a
statement of the categories of documents
that are held by it or under its control;
(vii) the
particulars of any arrangement that exists
for consultation with, or representation by,
the members of the public in relation to the
formulation of its policy or implementation
thereof;
(viii) a
statement of the boards, councils,
committees and other bodies consisting of
two or more persons constituted as its part
or for the purpose of its advice, and as to
whether meetings of those boards, councils,
committees and other bodies are open to the
public, or the minutes of such meetings are
accessible for public;
(ix) a
directory of its officers and employees;
(x) the
monthly remuneration received by each of its
officers and employees, including the system
of compensation as provided in its
regulations;
(xi) the
budget allocated to each of its agency,
indicating the particulars of all plans,
proposed expenditures and reports on
disbursements made;
(xii) the
manner of execution of subsidy programmes,
including the amounts allocated and the
details of beneficiaries of such programmes;
(xiii) particulars
of recipients of concessions, permits or
authorizations granted by it;
(xiv) details
in respect of the information, available to
or held by it, reduced in an electronic
form;
(xv) the
particulars of facilities available to
citizens for obtaining information,
including the working hours of a library or
reading room, if maintained for public use;
(xvi) the
names, designations and other particulars of
the Public Information Officers;
(xvii) such
other information as may be prescribed; and
thereafter update these publications every
year;
c) publish
all relevant facts while formulating
important policies or announcing the
decisions which affect public;
d) provide
reasons for its administrative or
quasi-judicial decisions to affected
persons.
(2) It shall be a constant
endeavour of every public authority to take
steps in accordance with the requirements of
clause (b) of sub-section (1)
to provide as much information suo-motu to
the public at regular intervals through
various means of communications, including
internet, so that the public have minimum
resort to the use of this Act to obtain
information.
(3) For the purposes of sub-section
(1), every information shall be
disseminated widely and in such form and
manner which is easily accessible to the
public.
(4) All materials shall be
disseminated taking into consideration the
cost effectiveness, local language and the
most effective method of communication in
that local area and the information should
be easily accessible, to the extent possible
in electronic format with the Central Public
Information Officer or State Public
Information Officer, as the case may be,
available free or at such cost of the medium
or the print cost price as may be
prescribed.
Explanation.—For the purposes of
sub-sections (3) and (4),
"disseminated" means making known or
communicated the information to the public
through notice boards, newspapers, public
announcements, media broadcasts, the
internet or any other means, including
inspection of offices of any public
authority.
Designation of Public Information
Officers.
5. (1)
Every public authority shall, within one
hundred days of the enactment of this Act,
designate as many officers as the Central
Public Information Officers or State Public
Information Officers, as the case may be, in
all administrative units or offices under it
as may be necessary to provide information
to persons requesting for the information
under this Act.
(2) Without prejudice to the
provisions of sub-section (1),
every public authority shall designate an
officer, within one hundred days of the
enactment of this Act, at each
sub-divisional level or other sub-district
level as a Central Assistant Public
Information Officer or a State Assistant
Public Information Officer, as the case may
be, to receive the applications for
information or appeals under this Act for
forwarding the same forthwith to the Central
Public Information Officer or the State
Public Information Officer or senior officer
specified under sub-section (1) of
section 19 or the Central Information
Commission or the State Information
Commission, as the case may be:
Provided that where an
application for information or appeal is
given to a Central Assistant Public
Information Officer or a State Assistant
Public Information Officer, as the case may
be, a period of five days shall be added in
computing the period for response specified
under sub-section (1) of section 7.
(3) Every Central Public
Information Officer or State Public
Information Officer, as the case may be,
shall deal with requests from persons
seeking information and render reasonable
assistance to the persons seeking such
information.
(4) The Central Public Information
Officer or State Public Information Officer,
as the case may be, may seek the assistance
of any other officer as he or she considers
it necessary for the proper discharge of his
or her duties.
(5) Any officer, whose
assistance has been sought under
sub-section (4), shall render
all assistance to the Central Public
Information Officer or State Public
Information Officer, as the case may be,
seeking his or her assistance and for
the purposes of any contravention of the
provisions of this Act, such
other officer shall be treated as a Central
Public Information Officer or State Public
Information Officer, as the case may be.
Request for obtaining information.
6. (1)
A person, who desires to obtain any
information under this Act, shall make a
request in writing or through electronic
means in English or Hindi or in the official
language of the area in which the
application is being made, accompanying such
fee as may be prescribed, to—
(a) the
Central Public Information Officer or State
Public Information Officer, as the case may
be, of the concerned public authority;
(b) the
Central Assistant Public Information Officer
or State Assistant Public Information
Officer, as the case may be, specifying the
particulars of the information sought by him
or her:
Provided that where such request
cannot be made in writing, the Central
Public Information Officer or State Public
Information Officer, as the case may be,
shall render all reasonable assistance to
the person making the request orally to
reduce the same in writing.
(2) An applicant making request for
information shall not be required to give
any reason for requesting the information or
any other personal details except those that
may be necessary for contacting him.
(3) Where an application is made to
a public authority requesting for an
information,—
(i) which
is held by another public authority; or
(ii) the
subject matter of which is more closely
connected with the functions of another
public authority, the public authority, to
which such application is made, shall
transfer the application or such part of it
as may be appropriate to that other public
authority and inform the applicant
immediately about such transfer:
Provided that the transfer of an
application pursuant to this sub-section
shall be made as soon as practicable but in
no case later than five days from the date
of receipt of the application.
Disposal of request.
7. (1) Subject to
the proviso to sub-section (2) of
section 5 or the proviso to subsection (3)
of section 6, the Central Public Information
Officer or State Public Information Officer,
as the case may be, on receipt of a request
under section 6 shall, as expeditiously as
possible, and in any case within thirty days
of the receipt of the request, either
provide the information on payment of such
fee as may be prescribed or reject the
request for any of the reasons specified in
sections 8 and 9:
Provided that where the
information sought for concerns the life or
liberty of a person, the same shall be
provided within forty-eight hours of the
receipt of the request.
(2) If the Central Public
Information Officer or State Public
Information Officer, as the case may be,
fails to give decision on the request for
information within the period specified
under sub-section (1), the Central
Public Information Officer or State Public
Information Officer, as the case may be,
shall be deemed to have refused the request.
(3) Where a decision is taken to
provide the information on payment of any
further fee representing the cost of
providing the information, the Central
Public Information Officer or State Public
Information Officer, as the case may be,
shall send an intimation to the person
making the request, giving—
(a) the
details of further fees representing the
cost of providing the information as
determined by him, together with the
calculations made to arrive at the amount in
accordance with fee prescribed under
subsection (1), requesting him to
deposit that fees, and the period
intervening between the dispatch of the said
intimation and payment of fees shall be
excluded for the purpose of calculating the
period of thirty days referred to in that
sub-section;
(b) information
concerning his or her right with respect to
review the decision as to the amount of fees
charged or the form of access provided,
including the particulars of the appellate
authority, time limit, process and any other
forms.
(4) Where access to the record or a
part thereof is required to be provided
under this Act and the person to whom access
is to be provided is sensorily disabled, the
Central Public Information Officer or State
Public Information Officer, as the case may
be, shall provide assistance to enable
access to the information, including
providing such assistance as may be
appropriate for the inspection.
(5) Where access to information is
to be provided in the printed or in any
electronic format, the applicant shall,
subject to the provisions of sub-section (6),
pay such fee as may be prescribed:
Provided that the fee prescribed under
sub-section (1) of section 6 and
sub-sections (1) and (5)
of section 7 shall be reasonable and no such
fee shall be charged from the persons who
are of below poverty line as may be
determined by the appropriate Government.
(6) Notwithstanding anything
contained in sub-section (5), the
person making request for the information
shall be provided the information free of
charge where a public authority fails to
comply with the time limits specified in
sub-section (1).
(7) Before taking any decision under
sub-section (1), the Central Public
Information Officer or State Public
Information Officer, as the case may be,
shall take into consideration the
representation made by a third party under
section 11.
(8) Where a request has been
rejected under sub-section (1), the
Central Public Information Officer or State
Public Information Officer, as the case may
be, shall communicate to the person making
the request,—
(i) the
reasons for such rejection;
(ii) the
period within which an appeal against such
rejection may be preferred; and
(iii) the
particulars of the appellate authority.
(9) An information shall ordinarily
be provided in the form in which it is
sought unless it would disproportionately
divert the resources of the public authority
or would be detrimental to the safety or
preservation of the record in question.
Exemption from disclosure of
information.
8. (1)
Notwithstanding anything contained in this
Act, there shall be no obligation to give
any citizen,—
(a) information, disclosure of
which would prejudicially affect the
sovereignty
and integrity of India, the security,
strategic, scientific or economic interests
of the State, relation with foreign State or
lead to incitement of an offence;
(b) information which has been
expressly forbidden to be published by any
court of law or tribunal or the disclosure
of which may constitute contempt of court;
(c) information, the disclosure of
which would cause a breach of privilege of
Parliament or the State Legislature;
(d) information including
commercial confidence, trade secrets or
intellectual property, the disclosure of
which would harm the competitive position of
a third party, unless the competent
authority is satisfied that larger public
interest warrants the disclosure of such
information;
(e) information available to a
person in his fiduciary relationship, unless
the competent authority is satisfied that
the larger public interest warrants the
disclosure of such information;
(f) information received in
confidence from foreign Government;
(g) information, the disclosure of
which 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;
(h) information which would impede
the process of investigation or apprehension
or prosecution of offenders;
(i) cabinet papers including
records of deliberations of the Council of
Ministers, Secretaries and other officers:
Provided that the decisions of
Council of Ministers, the reasons thereof,
and the material on the basis of which the
decisions were taken shall be made public
after the decision has been taken, and the
matter is complete, or over:
Provided further that those
matters which come under the exemptions
specified in this section shall not be
disclosed;
(j) information which relates to
personal information the disclosure of which
has no relationship to any public activity
or interest, or which would cause
unwarranted invasion of the privacy of the
individual unless the Central Public
Information Officer or the State Public
Information Officer or the appellate
authority, as the case may be, is satisfied
that the larger public interest justifies
the disclosure of such information:
Provided that the information
which cannot be denied to the Parliament or
a State Legislature shall not be denied to
any person.
19 of 1923
(2) Notwithstanding anything in
the Official Secrets Act, 1923 nor any of
the exemptions permissible in accordance
with sub-section (1), a public
authority may allow access to information,
if public interest in disclosure outweighs
the harm to the protected interests.
(3) Subject to the provisions of
clauses (a), (c) and (i)
of sub-section (1), any information
relating to any occurrence, event or matter
which has taken place, occurred or happened
twenty years before the date on which any
request is made under section 6 shall be
provided to any person making a request
under that section:
Provided that where any question
arises as to the date from which the said
period of twenty years has to be computed,
the decision of the Central Government shall
be final, subject to the usual appeals
provided for in this Act.
Grounds for rejection to access in
certain cases.
9. Without prejudice to the provisions of
section 8, a Central Public Information
Officer or a State Public Information
Officer, as the case may be, may reject a
request for information where such a request
for providing access would involve an
infringement of copyright subsisting in a
person other than the State.
Severability
10. (1) Where a
request for access to information is
rejected on the ground that it is in
relation to information which is exempt from
disclosure, then, notwithstanding anything
contained in this Act, access may be
provided to that part of the record which
does not contain any information which is
exempt from disclosure under this Act and
which can reasonably be severed from any
part that contains exempt information.
(2) Where access is granted to a
part of the record under sub-section (1),
the Central Public Information Officer or
State Public Information Officer, as the
case may be, shall give a notice to the
applicant, informing—
(a) that
only part of the record requested, after
severance of the record containing
information which is exempt from disclosure,
is being provided;
(b) the
reasons for the decision, including any
findings on any material question of fact,
referring to the material on which those
findings were based;
(c) the
name and designation of the person giving
the decision;
(d) the
details of the fees calculated by him or her
and the amount of fee which the applicant is
required to deposit; and
(e) his
or her rights with respect to review of the
decision regarding non-disclosure of part of
the information, the amount of fee charged
or the form of access provided, including
the particulars of the senior officer
specified under sub-section (1) of
section 19 or the Central Information
Commission or the State Information
Commission, as the case may be, time limit,
process and any other form of access.
Third party information.
11. (1) Where a
Central Public Information Officer or a
State Public Information Officer, as the
case may be, intends to disclose any
information or record, or part thereof on a
request made under this Act, which relates
to or has been supplied by a third party and
has been treated as confidential by that
third party, the Central Public Information
Officer or State Public Information Officer,
as the case may be, shall, within five days
from the receipt of the request, give a
written notice to such third party of the
request and of the fact that the Central
Public Information Officer or State Public
Information Officer, as the case may be,
intends to disclose the information or
record, or part thereof, and invite the
third party to make a submission in writing
or orally, regarding whether the information
should be disclosed, and such submission of
the third party shall be kept in view while
taking a decision about disclosure of
information:
Provided that except in the case
of trade or commercial secrets protected by
law, disclosure may be allowed if the public
interest in disclosure outweighs in
importance any possible harm or injury to
the interests of such third party.
(2) Where a notice is served by the
Central Public Information Officer or State
Public Information Officer, as the case may
be, under sub-section (1) to a
third party in respect of any information or
record or part thereof, the third party
shall, within ten days from the date of
receipt of such notice, be given the
opportunity to make representation against
the proposed disclosure.
(3) Notwithstanding anything
contained in section 7, the Central Public
Information Officer or State Public
Information Officer, as the case may be,
shall, within forty days after receipt of
the request under section 6, if the third
party has been given an opportunity to make
representation under sub-section (2),
make a decision as to whether or not to
disclose the information or record or part
thereof and give in writing the notice of
his decision to the third party.
(4) A notice given
under sub-section (3) shall include
a statement that the third party to whom the
notice is given is entitled to prefer an
appeal under section 19 against the
decision.
CHAPTER III
The Central Information Commission
12. (1) The
Central Government shall, by notification in
the Official Gazette, constitute a body to
be known as the Central Information
Commission to exercise the powers conferred
on, and to perform the functions assigned
to, it under this Act.
(2) The Central Information
Commission shall consist of—
(a) the
Chief Information Commissioner; and
(b) such
number of Central Information Commissioners,
not exceeding ten, as may be deemed
necessary.
(3) The Chief Information
Commissioner and Information Commissioners
shall be appointed by the President on the
recommendation of a committee consisting of—
(i) the
Prime Minister, who shall be the Chairperson
of the committee;
(ii) the
Leader of Opposition in the Lok Sabha; and
(iii) a
Union Cabinet Minister to be nominated by
the Prime Minister.
Explanation.—For the purposes of
removal of doubts, it is hereby declared
that where the Leader of Opposition in the
House of the People has not been recognized
as such, the Leader of the single largest
group in opposition of the Government in the
House of the People shall be deemed to be
the Leader of Opposition.
(4) The general superintendence,
direction and management of the affairs of
the Central Information Commission shall
vest in the Chief Information Commissioner
who shall be assisted by the Information
Commissioners and may exercise all such
powers and do all such acts and things which
may be exercised or done by the Central
Information Commission autonomously without
being subjected to directions by any other
authority under this Act.
(5) The Chief Information
Commissioner and Information Commissioners
shall be persons of eminence in public life
with wide knowledge and experience in law,
science and technology, social service,
management, journalism, mass media or
administration and governance.
(6) The Chief Information
Commissioner or an Information Commissioner
shall not be a Member of Parliament or
Member of the Legislature of any State or
Union territory, as the case may be, or hold
any other office of profit or connected with
any political party or carrying on any
business or pursuing any profession.
(7) The headquarters of the Central
Information Commission shall be at Delhi and
the Central Information Commission may, with
the previous approval of the Central
Government, establish offices at other
places in India.
Constitution of Central Information
Commission
13. (1) The Chief
Information Commissioner shall hold office
for a term of five years from the date on
which he enters upon his office and shall
not be eligible for reappointment:
Provided that no Chief
Information Commissioner shall hold office
as such after he has attained the age of
sixty-five years.
(2) Every Information Commissioner
shall hold office for a term of five years
from the date on which he enters upon his
office or till he attains the age of
sixty-five years, whichever is earlier, and
shall not be eligible for reappointment as
such Information Commissioner:
Provided that every Information
Commissioner shall, on vacating his office
under this sub-section be eligible for
appointment as the Chief Information
Commissioner in the manner specified in
sub-section (3) of section 12:
Provided further that where the
Information Commissioner is appointed as the
Chief Information Commissioner, his term of
office shall not be more than five years in
aggregate as the Information Commissioner
and the Chief Information Commissioner.
(3) The Chief Information
Commissioner or an Information Commissioner
shall before he enters upon his office make
and subscribe before the President or some
other person appointed by him in that
behalf, an oath or affirmation according to
the form set out for the purpose in the
First Schedule.
(4) The Chief Information
Commissioner or an Information Commissioner
may, at any time, by writing under his hand
addressed to the President, resign from his
office:
Provided that the Chief
Information Commissioner or an Information
Commissioner may be removed in the manner
specified under section 14.
(5) The salaries and allowances
payable to and other terms and conditions of
service of—
(a) the
Chief Information Commissioner shall be the
same as that of the Chief Election
Commissioner;
(b) an
Information Commissioner shall be the same
as that of an Election Commissioner:
Provided that if the Chief
Information Commissioner or an Information
Commissioner, at the time of his appointment
is, in receipt of a pension, other than a
disability or wound pension, in respect of
any previous service under the Government of
India or under the Government of a State,
his salary in respect of the service as the
Chief Information Commissioner or an
Information Commissioner shall be reduced by
the amount of that pension including any
portion of pension which was commuted and
pension equivalent of other forms of
retirement benefits excluding pension
equivalent of retirement gratuity:
Provided further that if the
Chief Information Commissioner or an
Information Commissioner if, at the time of
his appointment is, in receipt of retirement
benefits in respect of any previous service
rendered in a Corporation established by or
under any Central Act or State Act or a
Government company owned or controlled by
the Central Government or the State
Government, his salary in respect of the
service as the Chief Information
Commissioner or an Information Commissioner
shall be reduced by the amount of pension
equivalent to the retirement benefits:
Provided also that the salaries,
allowances and other conditions of service
of the Chief Information Commissioner and
the Information Commissioners shall not be
varied to their disadvantage after their
appointment.
Term of office and conditions of
service.
(6) The Central Government shall
provide the Chief Information Commissioner
and the Information Commissioners with such
officers and employees as may be necessary
for the efficient performance of their
functions under this Act, and the salaries
and allowances payable to and the terms and
conditions of service of the officers and
other employees appointed for the purpose of
this Act shall be such as may be prescribed.
Removal of Chief Information
Commissioner or Information Commissioner
14. (1) Subject to
the provisions of sub-section (3),
the Chief Information Commissioner or any
Information Commissioner shall be removed
from his office only by order of the
President on the ground of proved
misbehaviour or incapacity after the Supreme
Court, on a reference made to it by the
President, has, on inquiry, reported that
the Chief Information Commissioner or any
Information Commissioner, as the case may
be, ought on such ground be removed.
(2) The President may suspend from
office, and if deem necessary prohibit also
from attending the office during inquiry,
the Chief Information Commissioner or
Information Commissioner in respect of whom
a reference has been made to the Supreme
Court under sub-section (1) until
the President has passed orders on receipt
of the report of the Supreme Court on such
reference.
(3) Notwithstanding anything
contained in sub-section (1), the
President may by order remove from office
the Chief Information Commissioner or any
Information Commissioner if the Chief
Information Commissioner or a Information
Commissioner, as the case may be,—
(a) is
adjudged an insolvent; or
(b) has
been convicted of an offence which, in the
opinion of the President, involves moral
turpitude; or
(c) engages
during his term of office in any paid
employment outside the duties of his office;
or
(d) is,
in the opinion of the President, unfit to
continue in office by reason of infirmity of
mind or body; or
(e) has
acquired such financial or other interest as
is likely to affect prejudicially his
functions as the Chief Information
Commissioner or a Information Commissioner.
(4) If the Chief Information
Commissioner or a Information Commissioner
in any way, concerned or interested in any
contract or agreement made by or on behalf
of the Government of India or participates
in any way in the profit thereof or in any
benefit or emolument arising therefrom
otherwise than as a member and in common
with the other members of an incorporated
company, he shall, for the purposes of
sub-section (1), be deemed to be
guilty of misbehaviour.
CHAPTER IV
The State Information Commission
Constitution of State Information
Commission.
15. (1)
Every State Government shall, by
notification in the Official Gazette,
constitute a body to be known as
the......... (name of the State) Information
Commission to exercise the powers conferred
on, and to perform the functions assigned
to, it under this Act.
(2) The State Information
Commission shall consist of—
(a) the
State Chief Information Commissioner, and
(b) such
number of State Information Commissioners,
not exceeding ten, as may be deemed
necessary.
(3) The State Chief Information
Commissioner and the State Information
Commissioners shall be appointed by the
Governor on the recommendation of a
committee consisting of—
(i) the
Chief Minister, who shall be the Chairperson
of the committee;
(ii) the
Leader of Opposition in the Legislative
Assembly; and
(iii) a
Cabinet Minister to be nominated by the
Chief Minister
Explanation.—For the purposes of
removal of doubts, it is hereby declared
that where the Leader of Opposition in the
Legislative Assembly has not been recognized
as such, the Leader of the single largest
group in opposition of the Government in the
Legislative Assembly shall be deemed to be
the Leader of Opposition.
(4) The general superintendence,
direction and management of the affairs of
the State Information Commission shall vest
in the State Chief Information Commissioner
who shall be assisted by the State
Information Commissioners and may exercise
all such powers and do all such acts and
things which may be exercised or done by the
State Information Commission autonomously
without being subjected to directions by any
other authority under this Act.
(5) The State Chief Information
Commissioner and the State Information
Commissioners shall be persons of
eminence in public life with wide
knowledge and experience in law, science
and
technology, social service,
management, journalism, mass media or
administration and governance.
(6) The State Chief Information
Commissioner or a State Information
Commissioner shall not be a Member of
Parliament or Member of the Legislature of
any State or Union territory, as the case
may be, or hold any other office of profit
or connected with any political party or
carrying on any business or pursuing any
profession.
(7) The headquarters of the State
Information Commission shall be at such
place in the State as the State Government
may, by notification in the Official
Gazette, specify and the State Information
Commission may, with the previous approval
of the State Government, establish offices
at other places in the State.
Term of office and conditions of
service.
16. (1)
The State Chief Information Commissioner
shall hold office for a term of five years
from the date on which he enters upon his
office and shall not be eligible for
reappointment:
Provided that no State Chief
Information Commissioner shall hold office
as such after he has attained the age of
sixty-five years.
(2) Every State Information
Commissioner shall hold office for a term of
five years from the date on which he enters
upon his office or till he attains the age
of sixty-five years, whichever is earlier,
and shall not be eligible for reappointment
as such State Information Commissioner:
Provided that every State
Information Commissioner shall, on vacating
his office under this sub-section, be
eligible for appointment as the State Chief
Information Commissioner in the manner
specified in sub-section (3) of
section 15:
Provided further that where the
State Information Commissioner is appointed
as the State Chief Information Commissioner,
his term of office shall not be more than
five years in aggregate as the State
Information Commissioner and the State Chief
Information Commissioner.
(3) The State Chief Information
Commissioner or a State Information
Commissioner, shall before he enters upon
his office make and subscribe before the
Governor or some other person appointed by
him in that behalf, an oath or affirmation
according to the form set out for the
purpose in the First Schedule.
(4) The State Chief Information
Commissioner or a State Information
Commissioner may, at any time, by writing
under his hand addressed to the Governor,
resign from his office:
Provided that the State Chief
Information Commissioner or a State
Information Commissioner may be removed in
the manner specified under section 17.
(5) The salaries and allowances
payable to and other terms and conditions of
service of—
(a) the
State Chief Information Commissioner shall
be the same as that of an Election
Commissioner;
(b) the
State Information Commissioner shall be the
same as that of the Chief Secretary to the
State Government:
Provided that if the State Chief
Information Commissioner or a State
Information Commissioner, at the time of his
appointment is, in receipt of a pension,
other than a disability or wound pension, in
respect of any previous service under the
Government of India or under the Government
of a State, his salary in respect of the
service as the State Chief Information
Commissioner or a State Information
Commissioner shall be reduced by the amount
of that pension including any portion of
pension which was commuted and pension
equivalent of other forms of retirement
benefits excluding pension equivalent of
retirement gratuity:
Provided further that where the
State Chief Information Commissioner or a
State Information Commissioner if, at the
time of his appointment is, in receipt of
retirement benefits in respect of any
previous service rendered in a Corporation
established by or under any Central Act or
State Act or a Government company owned or
controlled by the Central Government or the
State Government, his salary in respect of
the service as the State Chief Information
Commissioner or the State Information
Commissioner shall be reduced by the amount
of pension equivalent to the retirement
benefits:
Provided also that the salaries,
allowances and other conditions of service
of the State Chief Information Commissioner
and the State Information Commissioners
shall not be varied to their disadvantage
after their appointment.
(6) The State Government shall
provide the State Chief Information
Commissioner and the State Information
Commissioners with such officers and
employees as may be necessary for the
efficient performance of their functions
under this Act, and the salaries and
allowances payable to and the terms and
conditions of service of the officers and
other employees appointed for the purpose of
this Act shall be such as may be prescribed.
Removal of State Chief Information
Commissioner or State Information
Commissioner
17. (1)
Subject to the provisions of sub-section (3),
the State Chief Information Commissioner or
a State Information Commissioner shall be
removed from his office only by order of the
Governor on the ground of proved
misbehaviour or incapacity after the Supreme
Court, on a reference made to it by the
Governor, has on inquiry, reported that the
State Chief Information Commissioner or a
State Information Commissioner, as the case
may be, ought on such ground be removed.
(2) The Governor may suspend from
office, and if deem necessary prohibit also
from attending the office during inquiry,
the State Chief Information Commissioner or
a State Information Commissioner in respect
of whom a reference has been made to the
Supreme Court under sub-section (1)
until the Governor has passed orders on
receipt of the report of the Supreme Court
on such reference.
(3) Notwithstanding anything
contained in sub-section (1), the
Governor may by order remove from office the
State Chief Information Commissioner or a
State Information Commissioner if a State
Chief Information Commissioner or a State
Information Commissioner, as the case may
be,—
(a) is
adjudged an insolvent; or
(b) has
been convicted of an offence which, in the
opinion of the Governor, involves moral
turpitude; or
(c) engages
during his term of office in any paid
employment outside the duties of his office;
or
(d) is,
in the opinion of the Governor, unfit to
continue in office by reason of infirmity of
mind or body; or
(e) has
acquired such financial or other interest as
is likely to affect prejudicially his
functions as the State Chief Information
Commissioner or a State Information
Commissioner.
(4) If the State Chief Information
Commissioner or a State Information
Commissioner in any way, concerned or
interested in any contract or agreement made
by or on behalf of the Government of the
State or participates in any way in the
profit thereof or in any benefit or
emoluments arising therefrom otherwise than
as a member and in common with the other
members of an incorporated company, he
shall, for the purposes of sub-section (1),
be deemed to be guilty of misbehaviour.
Powers and functions of Information
Commissions.
CHAPTER V
Powers and functions of the
Information Commissions, appeal and
penalties
18. (1) Subject to the provisions
of this Act, it shall be the duty of the
Central Information Commission or State
Information Commission, as the case may be,
to receive and inquire into a complaint from
any person,—
(a) who
has been unable to submit a request to a
Central Public Information Officer or State
Public Information Officer, as the case may
be, either by reason that no such officer
has been appointed under this Act, or
because the Central Assistant Public
Information Officer or State Assistant
Public Information Officer, as the case may
be, has refused to accept his or her
application for information or appeal under
this Act for forwarding the same to the
Central Public Information Officer or State
Public Information Officer or senior officer
specified in subsection (1) of
section 19 or the Central Information
Commission or the State Information
Commission, as the case may be;
(b) who
has been refused access to any information
requested under this Act;
(c) who
has not been given a response to a request
for information or access to information
within the time limit specified under this
Act;
(d) who
has been required to pay an amount of fee
which he or she considers unreasonable;
(e) who
believes that he or she has been given
incomplete, misleading or false information
under this Act; and
(f) in
respect of any other matter relating to
requesting or obtaining access to records
under this Act.
(2) Where the Central Information
Commission or State Information Commission,
as the case may be, is satisfied that there
are reasonable grounds to inquire into the
matter, it may initiate an inquiry in
respect thereof.
5 of 1908
(3) The Central Information
Commission or State Information Commission,
as the case may be, shall, while inquiring
into any matter under this section, have the
same powers as are vested in a civil court
while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following
matters, namely:—
(a) summoning
and enforcing the attendance of persons and
compel them to give oral or written evidence
on oath and to produce the documents or
things;
(b) requiring
the discovery and inspection of documents;
(c) receiving
evidence on affidavit;
(d) requisitioning
any public record or copies thereof from any
court or office;
(e) issuing
summons for examination of witnesses or
documents; and
(f) any
other matter which may be prescribed.
(4) Notwithstanding anything
inconsistent contained in any other Act of
Parliament or State Legislature, as the case
may be, the Central Information Commission
or the State Information Commission, as the
case may be, may, during the inquiry of any
complaint under this Act, examine any record
to which this Act applies which is under the
control of the public authority, and no such
record may be withheld from it on any
grounds.
Appeal
19. (1) Any person
who, does not receive a decision within the
time specified in subsection (1) or
clause (a) of sub-section (3)
of section 7, or is aggrieved by a decision
of the Central Public Information Officer or
State Public Information Officer, as the
case may be, may within thirty days from the
expiry of such period or from the receipt of
such a decision prefer an appeal to such
officer who is senior in rank to the Central
Public Information Officer or State Public
Information Officer as the case may be, in
each public authority:
Provided that such officer
may admit the appeal after the expiry of the
period of thirty days if he or she is
satisfied that the appellant was prevented
by sufficient cause from filing the appeal
in time.
(2) Where an appeal is preferred
against an order made by a Central Public
Information Officer or a State Public
Information Officer, as the case may be,
under section 11 to disclose third party
information, the appeal by the concerned
third party shall be made within thirty days
from the date of the order.
(3) A second appeal against the
decision under sub-section (1)
shall lie within ninety days from the date
on which the decision should have been made
or was actually received, with the Central
Information Commission or the State
Information Commission:
Provided that the Central
Information Commission or the State
Information Commission, as the case may be,
may admit the appeal after the expiry of the
period of ninety days if it is satisfied
that the appellant was prevented by
sufficient cause from filing the appeal in
time.
(4) If the decision of the Central
Public Information Officer or State Public
Information Officer, as the case may be,
against which an appeal is preferred relates
to information of a third party, the Central
Information Commission or State Information
Commission, as the case may be, shall give a
reasonable opportunity of being heard to
that third party.
(5) In any appeal proceedings, the
onus to prove that a denial of a request was
justified shall be on the Central Public
Information Officer or State Public
Information Officer, as the case may be, who
denied the request.
(6) An appeal under sub-section (1)
or sub-section (2) shall be
disposed of within thirty days of the
receipt of the appeal or within such
extended period not exceeding a total of
forty-five days from the date of filing
thereof, as the case may be, for reasons to
be recorded in writing.
(7) The decision of the Central
Information Commission or State Information
Commission, as the case may be, shall be
binding.
(8) In its decision, the Central
Information Commission or State Information
Commission, as the case may be, has the
power to—
(a) require the public authority to
take any such steps as may be necessary to
secure compliance with the provisions of
this Act, including—
(i) by
providing access to information, if so
requested, in a particular form;
(ii) by
appointing a Central Public Information
Officer or State Public Information Officer,
as the case may be;
(iii) by
publishing certain information or categories
of information;
(iv) by
making necessary changes to its practices in
relation to the maintenance, management and
destruction of records;
(v) by
enhancing the provision of training on the
right to information for its officials;
(vi) by
providing it with an annual report in
compliance with clause (b) of
subsection (1) of section 4;
(b) require the public authority to
compensate the complainant for any loss or
other detriment suffered;
(c) impose
any of the penalties provided under this
Act;
(d) reject
the application.
(9) The Central Information
Commission or State Information Commission,
as the case may be, shall give notice of its
decision, including any right of appeal, to
the complainant and the public authority.
(10) The Central Information
Commission or State Information Commission,
as the case may be, shall decide the appeal
in accordance with such procedure as may be
prescribed.
Penalties
20. (1) Where the
Central Information Commission or the State
Information Commission, as the case may be,
at the time of deciding any complaint or
appeal is of the opinion that the Central
Public Information Officer or the State
Public Information Officer, as the case may
be, has, without any reasonable cause,
refused to receive an application for
information or has not furnished information
within the time specified under sub-section
(1) of section 7 or malafidely
denied the request for information or
knowingly given incorrect, incomplete or
misleading information or destroyed
information which was the subject of the
request or obstructed in any manner in
furnishing the information, it shall impose
a penalty of two hundred and fifty rupees
each day till application is received or
information is furnished, so however, the
total amount of such penalty shall not
exceed twenty-five thousand rupees:
Provided that the Central Public
Information Officer or the State Public
Information Officer, as the case may be,
shall be given a reasonable opportunity of
being heard before any penalty is imposed on
him:
Provided further that the burden
of proving that he acted reasonably and
diligently shall be on the Central Public
Information Officer or the State Public
Information Officer, as the case may be.
(2) Where the Central Information
Commission or the State Information
Commission, as the case may be, at the time
of deciding any complaint or appeal is of
the opinion that the Central Public
Information Officer or the State Public
Information Officer, as the case may be,
has, without any reasonable cause and
persistently, failed to receive an
application for information or has not
furnished information within the time
specified under subsection (1) of
section 7 or malafidely denied the request
for information or knowingly given
incorrect, incomplete or misleading
information or destroyed information which
was the subject of the request or obstructed
in any manner in furnishing the information,
it shall recommend for disciplinary action
against the Central Public Information
Officer or the State Public Information
Officer, as the case may be, under the
service rules applicable to him.
CHAPTER VI
Miscellaneous
Protection of action taken in good
faith.
21. No suit, prosecution or
other legal proceeding shall lie against any
person for anything which is in good faith
done or intended to be done under this Act
or any rule made there under.
Act to have overriding effect
22. The provisions of this
Act shall have effect notwithstanding
anything inconsistent therewith contained in
the Official Secrets Act, 1923, and any
other law for the time being in force or in
any instrument having effect by virtue of
any law other than this Act.
Bar of jurisdiction of courts
23. No court shall
entertain any suit, application or other
proceeding in respect of any order made
under this Act and no such order shall be
called in question otherwise than by way of
an appeal under this Act.
Act not to apply to certain
organizations
24. (1) Nothing
contained in this Act shall apply to the
intelligence and security organizations
specified in the Second Schedule, being
organizations established by the Central
Government or any information furnished by
such organizations to that Government:
Provided that the information
pertaining to the allegations of corruption
and human rights violations shall not be
excluded under this sub-section:
Provided further that in the
case of information sought for is in respect
of allegations of violation of human rights,
the information shall only be provided after
the approval of the Central Information
Commission, and notwithstanding anything
contained in section 7, such information
shall be provided within forty-five days
from the date of the receipt of request.
(2) The Central Government may, by
notification in the Official Gazette, amend
the Schedule by including therein any other
intelligence or security organization
established by that Government or omitting
therefrom any organization already specified
therein and on the publication of such
notification, such organization shall be
deemed to be included in or, as the case may
be, omitted from the Schedule.
(3) Every notification issued under
sub-section (2) shall be laid
before each House of Parliament.
(4) Nothing contained in this Act
shall apply to such intelligence and
security organization being organizations
established by the State Government, as that
Government may, from time to time, by
notification in the Official Gazette,
specify:
Provided that the information
pertaining to the allegations of corruption
and human rights violations shall not be
excluded under this sub-section:
Provided further that in the
case of information sought for is in respect
of allegations of violation of human rights,
the information shall only be provided after
the approval of the State Information
Commission and, notwithstanding anything
contained in section 7, such information
shall be provided within forty-five days
from the date of the receipt of request.
(5) Every notification issued under
sub-section (4) shall be laid
before the State Legislature.
Monitoring and
Reporting
25. (1) The
Central Information Commission or State
Information Commission, as the case may be,
shall, as soon as practicable after the end
of each year, prepare a report on the
implementation of the provisions of this Act
during that year and forward a copy thereof
to the appropriate Government.
(2) Each Ministry or Department
shall, in relation to the public authorities
within their jurisdiction, collect and
provide such information to the Central
Information Commission or State Information
Commission, as the case may be, as is
required to prepare the report under this
section and comply with the requirements
concerning the furnishing of that
information and keeping of records for the
purposes of this section.
(3) Each report shall state in
respect of the year to which the report
relates,—
(a) the
number of requests made to each public
authority;
(b) the
number of decisions where applicants were
not entitled to access to the documents
pursuant to the requests, the provisions of
this Act under which these decisions were
made and the number of times such provisions
were invoked;
(c) the
number of appeals referred to the Central
Information Commission or State Information
Commission, as the case may be, for review,
the nature of the appeals and the outcome of
the appeals;
(d) particulars
of any disciplinary action taken against any
officer in respect of the administration of
this Act;
(e) the
amount of charges collected by each public
authority under this Act;
(f) any
facts which indicate an effort by the public
authorities to administer and implement the
spirit and intention of this Act;
(g) recommendations
for reform, including recommendations in
respect of the particular public
authorities, for the development,
improvement, modernization, reform or
amendment to this Act or other legislation
or common law or any other matter relevant
for operationalising the right to access
information.
(4) The Central Government or the
State Government, as the case may be, may,
as soon as practicable after the end of each
year, cause a copy of the report of the
Central Information Commission or the State
Information Commission, as the case may be,
referred to in sub-section (1) to
be laid before each House of Parliament or,
as the case may be, before each House of the
State Legislature, where there are two
Houses, and where there is one House of the
State Legislature before that House.
(5) If it appears to the Central
Information Commission or State Information
Commission, as the case may be, that the
practice of a public authority in relation
to the exercise of its functions under this
Act does not conform with the provisions or
spirit of this Act, it may give to the
authority a recommendation specifying the
steps which ought in
its opinion to be taken for promoting such
conformity.
Appropriate Government to prepare
programmes
26. (1) The
appropriate Government may, to the extent of
availability of financial and other
resources,—
(a) develop and organise
educational programmes to advance the
understanding of the public, in particular
of disadvantaged communities as to how to
exercise the rights contemplated under this
Act;
(b) encourage public authorities to
participate in the development and
organisation of programmes referred to in
clause (a) and to undertake such
programmes themselves;
(c) promote timely and effective
dissemination of accurate information by
public authorities about their activities;
and
(d) train Central Public
Information Officers or State Public
Information Officers, as the case may be, of
public authorities and produce relevant
training materials for use by the public
authorities themselves.
(2) The appropriate Government
shall, within eighteen months from the
commencement of this Act, compile in its
official language a guide containing such
information, in an easily comprehensible
form and manner, as may reasonably be
required by a person who wishes to exercise
any right specified in this Act.
(3) The appropriate Government
shall, if necessary, update and publish the
guidelines referred to in sub-section (2)
at regular intervals which shall, in
particular and without prejudice to the
generality of sub-section (2),
include—
(a) the
objects of this Act;
(b) the
postal and street address, the phone and fax
number and, if available, electronic mail
address of the Central Public Information
Officer or State Public Information Officer,
as the case may be, of every public
authority appointed under sub-section (1)
of section 5;
(c) the
manner and the form in which request for
access to an information shall be made to a
Central Public Information Officer or State
Public Information Officer, as the case may
be;
(d) the
assistance available from and the duties of
the Central Public Information Officer or
State Public Information Officer, as the
case may be, of a public authority under
this Act;
(e) the
assistance available from the Central
Information Commission or State Information
Commission, as the case may be;
(f) all
remedies in law available regarding an act
or failure to act in respect of a right or
duty conferred or imposed by this Act
including the manner of filing an appeal to
the Commission;
(g) the
provisions providing for the voluntary
disclosure of categories of records in
accordance with section 4;
(h) the
notices regarding fees to be paid in
relation to requests for access to an
information; and
(i) any
additional regulations or circulars made or
issued in relation to obtaining access to an
information in accordance with this Act.
(4) The appropriate Government
must, if necessary, update and publish the
guidelines at regular intervals.
Power to make rules by appropriate
Government
27. (1) The
appropriate Government may, by notification
in the Official Gazette, make rules to carry
out the provisions 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
cost of the medium or print cost price of
the materials to be disseminated under
sub-section (4) of section 4;
(b) the
fee payable under sub-section (1)
of section 6;
(c) the
fee payable under sub-sections (1)
and (5) of section 7;
(d) the
salaries and allowances payable to and the
terms and conditions of service of the
officers and other employees under
sub-section (6) of section 13 and
sub-section (6) of section 16;
(e) the
procedure to be adopted by the Central
Information Commission or State Information
Commission, as the case may be, in deciding
the appeals under sub-section (10)
of section 19; and
(f) any
other matter which is required to be, or may
be, prescribed.
Power to make rules by competent
authority.
28. (1) The
competent authority may, by notification in
the Official Gazette, make rules to carry
out the provisions 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:—
(i) the
cost of the medium or print cost price of
the materials to be disseminated under
sub-section (4) of section 4;
(ii) the
fee payable under sub-section (1)
of section 6;
(iii) the
fee payable under sub-section (1)
of section 7; and
(iv) any
other matter which is required to be, or may
be, prescribed
Laying of rules.
29. (1) Every rule
made by the Central Government under this
Act shall be laid, as soon as may be after
it is made, before each House of Parliament,
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, both
Houses agree in making any modification in
the rule or both Houses agree 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.
(2) Every rule made under this Act
by a State Government shall be laid, as soon
as may be after it is notified, before the
State Legislature.
Power to remove difficulties.
30. (1) If any
difficulty arises in giving effect to the
provisions of this Act, the Central
Government may, by order published in the
Official Gazette, make such provisions not
inconsistent with the provisions of this Act
as appear to it to be necessary or expedient
for removal of the difficulty:
Provided that no such order
shall be made after the expiry of a period
of two years from the date of 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 each House of
Parliament.
Repeal
5 of 2003
31. The Freedom of
Information Act, 2002 is hereby repealed. |
