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MINISTRY OF LAW AND JUSTICE The
following Act of Parliament received the assent of the President on the 15th
June, 2005, and is hereby published for general information:— THE RIGHT TO INFORMATION ACT, 2005 No. 22 of 2005 [15th
June, 2005.] 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 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 (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 (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 (7)
The headquarters of the Central Information Commission shall be at 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 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 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. 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 organization established by the Central Government
T. K. VISWANATHAN, Secy.
to the Govt. of India. Printed by THE Manager, Government of India Press, Minto
Road, New Delhi and Published by the Controller of Publications, Delhi,
2005. MGIPMRND—1359GI(S3)—22-06-2005. |
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