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 harmonise
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:—
Preliminary
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— |
|
|
|
|
Body owned, controlled or
substantially financed; |
|
|
|
|
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 |
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 computerised are, within a
reasonable time and subject to availability of
resources, computerised 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 organisation,
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 authorisations 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.
|
|
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.
|
|
|
7 |
(1) |
|
Subject to the proviso to sub-section
(2) of section 5 or the proviso to sub-section (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 sub-section (1), requesting him to
deposit that fees, and the period intervening
between the despatch 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.
|
|
|
|
|
|
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.
|
|
(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 secton 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. |
|
|
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.
|
|
|
|
|
|
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.
|
|
|
|
|
|
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 recognised 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.
|
|
|
|
|
|
|
|
Term of
office and conditions of service |
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.
|
|
(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 there from 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 misbehavior.
|
|
|
|
CHAPTER IV |
|
|
|
|
|
|
|
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 Ministrer 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 recognised 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.
|
|
|
|
|
|
|
|
Terms
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) |
Tthe 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.
|
|
|
|
|
|
|
|
CHAPTER V |
|
|
|
Powers
and functions of the Information Commissions |
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 sub-section (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. |
|
(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.
|
|
|
|
|
|
|
|
|
19 |
(1) |
|
Any person who, does not receive
a decision within the time specified in
sub-section (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
sub-section (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 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 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 thereunder.
|
|
|
|
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 organisations |
24 |
(1) |
|
Nothing contained in this Act
shall apply to the intelligence and security
organisations specified in the Second Schedule,
being organisations established by the Central
Government or any information furnished by such
organisations 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 organisation
established by that Government or omitting
therefrom any organisation already specified
therein and on the publication of such
notification, such organisation 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
organisation being organisations 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, modernisation, 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 |
31 |
|
|
The Freedom of Information Act, 2002
is hereby repealed. |
THE FIRST SCHEDULE
[See sections
13(3) and 16(3)]
Form of oath or affirmation to be
made by the Chief Information Commissioner/the Information
Commissioner/the State Chief Information Commissioner/the
State Information Commissioner
"I, ....................., having been
appointed Chief Information Commissioner/Information
Commissioner/State Chief Information Commissioner/State
Information Commissioner swear
in the name of God/solemnly affirm that
I will bear true faith and allegiance to the Constitution of
India as by law established, that I will uphold the
sovereignty and integrity of India, that I will duly and
faithfully and to the best of my ability, knowledge and
judgment perform the duties of my office without fear or
favour, affection or ill-will and that I will uphold the
Constitution and the laws.".
THE SECOND SCHEDULE
(See section
24)
Intelligence and security organisation established by the
Central Government
|
1. |
Intelligence Bureau. |
2. |
Research and Analysis Wing of
the Cabinet Secretariat. |
3. |
Directorate of Revenue
Intelligence. |
4. |
Central Economic Intelligence
Bureau. |
5. |
Directorate of Enforcement. |
6. |
Narcotics Control Bureau. |
7. |
Aviation Research Centre. |
8. |
Special Frontier Force. |
9. |
Border Security Force. |
10. |
Central Reserve Police Force. |
11. |
Indo-Tibetan Border Police. |
12. |
Central Industrial Security
Force. |
13. |
National Security Guards. |
14. |
Assam Rifles. |
15. |
Special Service Bureau. |
16. |
Special Branch (CID), Andaman
and Nicobar. |
17. |
The Crime Branch-C.I.D.- CB,
Dadra and Nagar Haveli. |
18. |
Special Branch, Lakshadweep
Police. |
|