THE RIGHT TO
INFORMATION ACT, 2005
No. 22 of 2005
[Source: http://www.persmin.nic.in]
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:—
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CHAPTER I
Preliminary |
1 |
(1) |
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This Act may
be called the Right to Information Act, 2005. |
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(2) |
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It extends
to the whole of India except the State of Jammu and Kashmir. |
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(3) |
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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. |
2 |
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In this Act,
unless the context otherwise requires,- |
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(a) |
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"appropriate
Government" means in relation to a public authority which is
established, constituted, owned, controlled or substantially
financed by funds provided directly or indirectly- |
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(i) |
by the
Central Government or the Union territory administration, the
Central Government; |
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(ii) |
by the State
Government, the State Government; |
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(b) |
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"Central
Information Commission" means the Central Information Commission
constituted under sub-section (1) of section 12; |
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(c) |
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"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; |
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(d) |
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"Chief
Information Commissioner" and "Information Commissioner" mean the
Chief Information Commissioner and Information Commissioner
appointed under sub-section (3) of section 12; |
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(e) |
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"competent
authority" means- |
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(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; |
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(ii) |
the Chief
Justice of India in the case of the Supreme Court; |
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(iii) |
the Chief
Justice of the High Court in the case of a High Court; |
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(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; |
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(v) |
the
administrator appointed under article 239 of the Constitution; |
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(f) |
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"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; |
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(g) |
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"prescribed"
means prescribed by rules made under this Act by the appropriate
Government or the competent authority, as the case may be; |
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(h) |
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"public
authority" means any authority or body or institution of self-
government established or constituted— |
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(a) |
by or under the
Constitution; |
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(b) |
by any other
law made by Parliament; |
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(c) |
by any other
law made by State Legislature; |
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(d) |
by notification
issued or order made by the appropriate Government, and includes
any— |
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(i) |
body owned, controlled
or substantially financed; |
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(ii) |
non-Government
organization substantially financed, directly or indirectly by funds
provided by the appropriate Government; |
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(i) |
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"record" includes- |
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(a) |
any
document, manuscript and file; |
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(b) |
any
microfilm, microfiche and facsimile copy of a document; |
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(c) |
any
reproduction of image or images embodied in such microfilm (whether
enlarged or not); and |
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(d) |
any other
material produced by a computer or any other device; |
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(j) |
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"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- |
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(i) |
inspection
of work, documents, records; |
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(ii) |
taking
notes, extracts or certified copies of documents or records; |
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(iii) |
taking
certified samples of material; |
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(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; |
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(k) |
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"State
Information Commission" means the State Information Commission
constituted under sub-section (1) of section 15; |
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(l) |
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"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; |
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(m) |
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"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; |
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(n) |
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"third
party" means a person other than the citizen making a request for
information and includes a public authority. |
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CHAPTER II
Right to
information and obligations of public authorities |
3 |
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Subject to
the provisions of this Act, all citizens shall have the right to
information. |
4 |
(1) |
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Every public
authority shall- |
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(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; |
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(b) |
publish
within one hundred and twenty days from the enactment of this Act,- |
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(i) |
the particulars of its
organisation, functions and duties; |
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(ii) |
the powers and
duties of its officers and employees; |
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(iii) |
the procedure followed
in the decision making process, including channels of supervision
and accountability; |
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(iv) |
the norms set by it for
the discharge of its functions; |
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(v) |
the rules, regulations,
instructions, manuals and records, held by it or under its control
or used by its employees for discharging its functions; |
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(vi) |
a statement of the
categories of documents that are held by it or under its control; |
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(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; |
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(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; |
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(ix) |
a directory of its
officers and employees; |
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(x) |
the monthly
remuneration received by each of its officers and employees,
including the system of compensation as provided in its regulations; |
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(xi) |
the budget allocated
to each of its agency, indicating the particulars of all plans,
proposed expenditures and reports on disbursements made; |
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(xii) |
the manner of
execution of subsidy programmes, including the amounts allocated and
the details of beneficiaries of such programmes; |
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(xiii) |
particulars of
recipients of concessions, permits or authorisations granted by it; |
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(xiv) |
details in respect of
the information, available to or held by it, reduced in an
electronic form; |
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(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; |
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(xvi) |
the names, designations
and other particulars of the Public Information Officers; |
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(xvii) |
such other information
as may be prescribed and thereafter update these publications every
year; |
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(c) |
publish all relevant
facts while formulating important policies or announcing the
decisions which affect public; |
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(d) |
provide
reasons for its administrative or quasi-judicial decisions to
affected persons. |
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(2) |
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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. |
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(3) |
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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. |
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(4) |
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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. |
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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) |
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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. |
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(2) |
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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. |
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(3) |
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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. |
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(4) |
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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. |
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(5) |
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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. |
6 |
(1) |
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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- |
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(a) |
the Central
Public Information Officer or State Public Information Officer, as
the case may be, of the concerned public authority; |
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(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. |
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(2) |
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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. |
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(3) |
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Where an
application is made to a public authority requesting for an
information,— |
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(i) |
which is
held by another public authority; or |
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(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) |
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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.
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(2) |
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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. |
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(3) |
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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- |
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(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; |
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(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. |
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(4) |
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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. |
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(5) |
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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. |
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(6) |
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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). |
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(7) |
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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. |
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(8) |
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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,— |
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(i) |
the reasons for such
rejection; |
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(ii) |
the period
within which an appeal against such rejection may be preferred; and |
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(iii) |
the
particulars of the appellate authority. |
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(9) |
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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) |
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Notwithstanding
anything contained in this Act, there shall be no obligation to give
any citizen,— |
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(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; |
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(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; |
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(c) |
information,
the disclosure of which would cause a breach of privilege of
Parliament or the State Legislature; |
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(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; |
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(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; |
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(f) |
information
received in confidence from foreign Government; |
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(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; |
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(h) |
information
which would impede the process of investigation or apprehension or
prosecution of offenders; |
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(i) |
cabinet
papers including records of deliberations of the Council of
Ministers, Secretaries and other officers: |
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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; |
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(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: |
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Provided
that the information which cannot be denied to the Parliament or a
State Legislature shall not be denied to any person. |
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(2) |
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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. |
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(3) |
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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: |
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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 |
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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) |
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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. |
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(2) |
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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— |
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(a) |
that only
part of the record requested, after severance of the record
containing information which is exempt from disclosure, is being
provided; |
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(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; |
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(c) |
the name and
designation of the person giving the decision; |
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(d) |
the details of the
fees calculated by him or her and the amount of fee which the
applicant is required to deposit; and |
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(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) |
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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. |
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(2) |
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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. |
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(3) |
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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. |
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(4) |
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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) |
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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. |
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(2) |
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The Central
Information Commission shall consist of- |
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(a) |
the Chief
Information Commissioner; and |
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(b) |
such number
of Central Information Commissioners, not exceeding ten, as may be
deemed necessary. |
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(3) |
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The Chief Information
Commissioner and Information Commissioners shall be appointed by the
President on the recommendation of a committee consisting of- |
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(i) |
the Prime
Minister, who shall be the Chairperson of the committee; |
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(ii) |
the Leader
of Opposition in the Lok Sabha; and |
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(iii) |
a Union
Cabinet Minister to be nominated by the Prime Minister. |
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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. |
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(4) |
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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. |
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(5) |
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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. |
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(6) |
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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. |
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(7) |
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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. |
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. |
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
The
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. |
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. |
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, 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 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. |
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 |
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. |
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. |
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. |
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. |
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. |
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; |
|
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(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. |
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. |
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. |
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. |
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. |
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. |