|
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 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:—
CHAPTER
-I
Preliminary
1.
i formation
Act, 2005.This Act may be called the Right to In
ii It extends to
the whole of India except the State of Jammu and Kashmir.
iii 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. 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 indirectl
(i) by the Central Government
or the Union territory administration, the Central Government
(ii) by the State Government, the State Government;
(b) "Central Information Commission" means the Central Information
Commission constituted under sub-section (1) of section 12;
(c) "Central Public Information Officer" means the Central Public
Information Officer designated under sub-section (1) and includes a
Central Assistant Public Information Officer designated as such under
sub-section (2) of section 5;
(d) "Chief Information Commissioner" and "Information Commissioner" mean
the Chief Information Commissioner and Information Commissioner appointed
under sub-section (3) of section 12;
(e) "competent authority" means—
(i) the Speaker in the case of the House of the People or the Legislative
Assembly of a State or a Union territory having such Assembly and the
Chairman in the case of the Council of States or Legislative Council of a
State;
(ii) the Chief Justice of India in the case of the Supreme Court;
(iii) the Chief Justice of the High Court in the case of a High Court;
(iv) the President or the Governor, as the case may be, in the case of
other authorities established or constituted by or under the Constitution;
(v) the administrator appointed under article 239 of the Constitution;
(f) "information" means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form and information relating to any
private body which can be accessed by a public authority under any other
law for the time being in force;
(g) "prescribed" means prescribed by rules made under this Act by the
appropriate Government or the competent authority, as the case may be;
(h) "public authority" means any authority or body or institution of self-
government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and
includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or
indirectly by funds provided by the appropriate Government;
(i) "record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm (whether
enlarged or not); and
(d) any other material produced by a computer or any other device;
(j) "right to information" means the right to information accessible under
this Act which is held by or under the control of any public authority and
includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through printouts where
such information is stored in a computer or in any other device;
(k) "State Information Commission" means the State Information Commission
constituted under sub-section (1) of section 15;
(l) "State Chief Information Commissioner" and "State Information
Commissioner" mean the State Chief Information Commissioner and the State
Information Commissioner appointed under sub-section (3) of section 15;
(m) "State Public Information Officer" means the State Public Information
Officer designated under sub-section (1) and includes a State Assistant
Public Information Officer designated as such under sub-section (2) of
section 5;
(n) "third party" means a person other than the citizen making a request
for information and includes a public authority.
Subject to the provisions of this Act, all citizens shall have the right
to information.
(1) Every public authority shall-
(a) maintain all its records duly catalogued and indexed in a manner and
the form which facilitates the right to information under this Act and
ensure that all records that are appropriate to be computerised are,
within a reasonable time and subject to availability of resources,
computerised and connected through a network all over the country on
different systems so that access to such records is facilitated;
(b) publish within one hundred and twenty days from the enactment of this
Act,—
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including
channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it
or under its control or used by its employees for discharging its
functions;
(vi) a statement of the categories of documents that are held by it or
under its control;
(vii) the particulars of any arrangement that exists for consultation with,
or representation by, the members of the public in relation to the
formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted as its part or for the
purpose of its advice, and as to whether meetings of those boards,
councils, committees and other bodies are open to the public, or the
minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its
regulations;
(xi) the budget allocated to each of its agency, indicating the
particulars of all plans, proposed expenditures and reports on
disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts
allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations
granted by it;
(xiv) details in respect of the information, available to or held by it,
reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading room, if
maintained for public use;
(xvi) the names, designations and other particulars of the Public
Information Officers;
(xvii)such other information as may be prescribed and thereafter update
these publications every year;
(c) publish all relevant facts while formulating important policies or
announcing the decisions which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions to
affected persons.
(2) It shall be a constant endeavour of every public authority to take
steps in accordance with the requirements of clause (b) of sub-section (1)
to provide as much information suo motu to the public at regular intervals
through various means of communications, including internet, so that the
public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be
disseminated widely and in such form and manner which is easily accessible
to the public.
(4) All materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of
communication in that local area and the information should be easily
accessible, to the extent possible in electronic format with the Central
Public Information Officer or State Public Information Officer, as the
case may be, available free or at such cost of the medium or the print
cost price as may be prescribed.
Explanation
For the purposes of sub-sections (3) and (4), "disseminated"
means making known or communicated the information to the public through
notice boards, newspapers, public announcements, media broadcasts, the
internet or any other means, including inspection of offices of any public
authority.
(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.
THE SECOND SCHEDULE
(See section 24)
(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
(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.
(1) Subject to the proviso to sub-section (2) of section 5 or the proviso
to sub-section (3) of section 6, the Central Public Information Officer or
State Public Information Officer, as the case may be, on receipt of a
request under section 6 shall, as expeditiously as possible, and in any
case within thirty days of the receipt of the request, either provide the
information on payment of such fee as may be prescribed or reject the
request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or
liberty of a person, the same shall be provided within forty-eight hours
of the receipt of the request.
(2) If the Central Public Information Officer or State Public Information
Officer, as the case may be, fails to give decision on the request for
information within the period specified under sub-section (1), the Central
Public Information Officer or State Public Information Officer, as the
case may be, shall be deemed to have refused the request.
(3) Where a decision is taken to provide the information on payment of any
further fee representing the cost of providing the information, the
Central Public Information Officer or State Public Information Officer, as
the case may be, shall send an intimation to the person making the
request, giving—
(a) the details of further fees representing the cost of providing the
information as determined by him, together with the calculations made to
arrive at the amount in accordance with fee prescribed under sub-section
(1), requesting him to deposit that fees, and the period intervening
between the despatch of the said intimation and payment of fees shall be
excluded for the purpose of calculating the period of thirty days referred
to in that sub-section;
(b) information concerning his or her right with respect to review the
decision as to the amount of fees charged or the form of access provided,
including the particulars of the appellate authority, time limit, process
and any other forms.
(4) Where access to the record or a part thereof is required to be provided
under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public
Information Officer, as the case may be, shall provide assistance to
enable access to the information, including providing such assistance as
may be appropriate for the inspection.
(5) Where access to information is to be provided in the printed or in any
electronic format, the applicant shall, subject to the provisions of
sub-section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and
sub-sections (1) and (5) of section 7 shall be reasonable and no such fee
shall be charged from the persons who are of below poverty line as may be
determined by the appropriate Government.
(6) Notwithstanding anything contained in sub-section (5), the person
making
request for the information shall be provided the information free of
charge where a public authority fails to comply with the time limits
specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may
be, shall take into consideration the representation made by a third party
under section 11.
(8) Where a request has been rejected under sub-section (1), the Central
Public Information Officer or State Public Information Officer, as the
case may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be
preferred; and
(iii) the particulars of the appellate authority.
(9) An information shall ordinarily be provided in the form in which it is
sought unless it would disproportionately divert the resources of the
public authority or would be detrimental to the safety or preservation of
the record in question.
8
(1) Notwithstanding anything contained in this Act, there shall be no
obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific or
economic interests of the State, relation with foreign State or lead to
incitement of an offence;
(b) information which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute
contempt of court;
(c) information, the disclosure of which would cause a breach of privilege
of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the competitive
position of a third party, unless the competent authority is satisfied
that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship,
unless the competent authority is satisfied that the larger public
interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or
apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof,
and the material on the basis of which the decisions were taken shall be
made public after the decision has been taken, and the matter is complete,
or over:
Provided further that those matters which come under the exemptions
specified in this section shall not be disclosed;
(j) information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual unless
the Central Public Information Officer or the State Public Information
Officer or the appellate authority, as the case may be, is satisfied that
the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or
a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of
the exemptions permissible in accordance with sub-section (1), a public
authority may allow access to information, if public interest in
disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section
(1), any information relating to any occurrence, event or matter which has
taken place, occurred or happened twenty years before the date on which
any request is made under secton 6 shall be provided to any person making
a request under that section:
Provided that where any question arises as to the date from which the said
period of twenty years has to be computed, the decision of the Central
Government shall be final, subject to the usual appeals provided for in
this Act.
9.
Without prejudice to the provisions of section 8, a Central Public
Information Officer or a State Public Information Officer, as the case may
be, may reject a request for information where such a request for
providing access would involve an infringement of copyright subsisting in
a person other than the State.
10.
(1) Where a request for access to information is rejected on the ground
that it is in relation to information which is exempt from disclosure,
then, notwithstanding anything contained in this Act, access may be
provided to that part of the record which does not contain any information
which is exempt from disclosure under this Act and which can reasonably be
severed from any part that contains exempt information.
(2) Where access is granted to a part of the record under sub-section (1),
the Central Public Information Officer or State Public Information
Officer, as the case may be, shall give a notice to the applicant,
informing—
(a) that only part of the record requested, after severance of the record
containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material
question of fact, referring to the material on which those findings were
based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee
which the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding
non-disclosure of part of the information, the amount of fee charged or
the form of access provided, including the particulars of the senior
officer specified under sub-section (1) of section 19 or the Central
Information Commission or the State Information Commission, as the case
may be, time limit, process and any other form of access.
11.
(1) Where a Central Public Information Officer or a State Public
Information Officer, as the case may be, intends to disclose any
information or record, or part thereof on a request made under this Act,
which relates to or has been supplied by a third party and has been
treated as confidential by that third party, the Central Public
Information Officer or State Public Information Officer, as the case may
be, shall, within five days from the receipt of the request, give a
written notice to such third party of the request and of the fact that the
Central Public Information Officer or State Public Information Officer, as
the case may be, intends to disclose the information or record, or part
thereof, and invite the third party to make a submission in writing or
orally, regarding whether the information should be disclosed, and such
submission of the third party shall be kept in view while taking a
decision about disclosure of information:
Provided that except in the case of trade or commercial secrets protected
by law, disclosure may be allowed if the public interest in disclosure
outweighs in importance any possible harm or injury to the interests of
such third party.
(2) Where a notice is served by the Central Public Information Officer or
State Public Information Officer, as the case may be, under sub-section
(1) to a third party in respect of any information or record or part
thereof, the third party shall, within ten days from the date of receipt
of such notice, be given the opportunity to make representation against
the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public
Information Officer or State Public Information Officer, as the case may
be, shall, within forty days after receipt of the request under section 6,
if the third party has been given an opportunity to make representation
under sub-section (2), make a decision as to whether or not to disclose
the information or record or part thereof and give in writing the notice
of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the
third party to whom the notice is given is entitled to prefer an appeal
under section 19 against the decision.
CHAPTER -III
The Central Information Commission
12.
(1) The Central Government shall, by notification in the Official Gazette,
constitute a body to be known as the Central Information Commission to
exercise the powers conferred on, and to perform the functions assigned
to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as
may be deemed necessary.
(3)The Chief Information Commissioner and Information Commissioners shall
be appointed by the President on the recommendation of a committee
consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation:-
For the purposes of removal of doubts, it is hereby declared
that where the Leader of Opposition in the House of the People has not
been recognized as such, the Leader of the single largest group in
opposition of the Government in the House of the People shall be deemed to
be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs
of the Central Information Commission shall vest in the Chief Information
Commissioner who shall be assisted by the Information Commissioners and
may exercise all such powers and do all such acts and things which may be
exercised or done by the Central Information Commission autonomously
without being subjected to directions by any other authority under this
Act.
(5)The Chief Information Commissioner and Information Commissioners shall
be persons of eminence in public life with wide knowledge and experience
in law, science and technology, social service, management, journalism,
mass media or administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner shall
not be a Member of Parliament or Member of the Legislature of any State or
Union territory, as the case may be, or hold any other office of profit or
connected with any political party or carrying on any business or pursuing
any profession.
(7) The headquarters of the Central Information Commission shall be at
Delhi and the Central Information Commission may, with the previous
approval of the Central Government, establish offices at other places in
India.
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;
(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.
|
