THE
RIGHT TO INFORMATION ACT, 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 idea
............ Read full act......
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
|
1
|
(1)
|
|
This Act may be called the Right
to Information Act, 2005.
|
|
(2)
|
|
It extends to the whole of India
except the State of Jammu and Kashmir.
|
|
(3)
|
|
The provisions of sub-section (1)
of section 4, sub-sections (1) and (2) of section 5, sections
12, 13, 15,16, 24 , 27 and 28 shall come into force at once, and the
remaining provisions of this Act shall come into force on the one hundred and
twentieth day of its enactment.
|
2
|
|
|
In this Act, unless the context
otherwise requires,—
|
|
(a)
|
|
"appropriate Government"
means in relation to a public authority which is established, constituted,
owned, controlled or substantially financed by funds provided directly or
indirectly—
|
|
|
(i)
|
by the Central Government or the
Union territory administration, the Central Government;
|
|
|
(ii)
|
by the State Government, the State
Government;
|
|
(b)
|
|
"Central Information Commission"
means the Central Information Commission constituted under sub-section (1)
of section 12;
|
|
(c)
|
|
"Central Public Information
Officer" means the Central Public Information Officer designated under
sub-section (1) and includes a Central Assistant Public Information
Officer designated as such under sub-section (2) of section 5;
|
|
(d)
|
|
"Chief Information
Commissioner" and "Information Commissioner" mean the Chief
Information Commissioner and Information Commissioner appointed under sub-section
(3) of section 12;
|
|
(e)
|
|
"competent authority"
means—
|
|
|
(i)
|
the Speaker in the case of the
House of the People or the Legislative Assembly of a State or a Union
territory having such Assembly and the Chairman in the case of the Council of
States or Legislative Council of a State;
|
|
|
(ii)
|
the Chief Justice of India in the
case of the Supreme Court;
|
|
|
(iii)
|
the Chief Justice of the High
Court in the case of a High Court;
|
|
|
(iv)
|
the President or the Governor, as
the case may be, in the case of other authorities established or constituted
by or under the Constitution;
|
|
|
(v)
|
the administrator appointed under
article 239 of the Constitution;
|
|
(f)
|
|
"information" means any
material in any form, including records, documents, memos, e-mails, opinions,
advices, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any electronic form and
information relating to any private body which can be accessed by a public
authority under any other law for the time being in force;
|
|
(g)
|
|
"prescribed" means
prescribed by rules made under this Act by the appropriate Government or the
competent authority, as the case may be;
|
|
(h)
|
|
"public authority" means
any authority or body or institution of self- government established or
constituted—
|
|
|
(a)
|
by
or under the Constitution;
|
|
|
(b)
|
by any other law made by
Parliament;
|
|
|
(c)
|
by any other law made by State
Legislature;
|
|
|
(d)
|
by
notification issued or order made by the appropriate Government, and includes
any—
|
|
|
|
(i)
|
body owned, controlled or
substantially financed;
|
|
|
|
(ii)
|
non-Government
organization substantially financed, directly or indirectly by funds provided
by the appropriate Government;
|
|
(i)
|
|
"record"
includes—
|
|
|
(a)
|
any document, manuscript and file;
|
|
|
(b)
|
any microfilm, microfiche and
facsimile copy of a document;
|
|
|
(c)
|
any reproduction of image or
images embodied in such microfilm (whether enlarged or not); and
|
|
|
(d)
|
any other material produced by a
computer or any other device;
|
|
(j)
|
|
"right to information"
means the right to information accessible under this Act which is held by or
under the control of any public authority and includes the right to—
|
|
|
(i)
|
inspection of work, documents,
records;
|
|
|
(ii)
|
taking notes, extracts or
certified copies of documents or records;
|
|
|
(iii)
|
taking certified samples of
material;
|
|
|
(iv)
|
obtaining information in the form
of diskettes, floppies, tapes, video cassettes or in any other electronic
mode or through printouts where such information is stored in a computer or
in any other device;
|
|
(k)
|
|
"State Information
Commission" means the State Information Commission constituted under
sub-section (1) of section 15;
|
|
(l)
|
|
"State Chief
Information Commissioner" and "State Information Commissioner"
mean the State Chief Information Commissioner and the State Information
Commissioner appointed under sub-section (3) of section 15;
|
|
(m)
|
|
"State Public Information
Officer" means the State Public Information Officer designated under
sub-section (1) and includes a State Assistant Public Information
Officer designated as such under sub-section (2) of section 5;
|
|
(n)
|
|
"third party" means a
person other than the citizen making a request for information and includes a
public authority.
|
|
|
|
|
CHAPTER
II
Right
to information and obligations of public authorities
|
3
|
|
|
Subject to the provisions of this
Act, all citizens shall have the right to information.
|
4
|
(1)
|
|
Every public authority shall—
|
|
|
(a)
|
maintain all its records duly
catalogued and indexed in a manner and the form which facilitates the right
to information under this Act and ensure that all records that are
appropriate to be computerised are, within a reasonable time and subject to
availability of resources, computerised and connected through a network all
over the country on different systems so that access to such records is
facilitated;
|
|
|
(b)
|
publish within one hundred and
twenty days from the enactment of this Act,—
|
|
|
|
(i)
|
the particulars of its
organisation, functions and duties;
|
|
|
|
(ii)
|
the
powers and duties of its officers and employees;
|
|
|
|
(iii)
|
the procedure followed in the
decision making process, including channels of supervision and
accountability;
|
|
|
|
(iv)
|
the norms set by it for the
discharge of its functions;
|
|
|
|
(v)
|
the rules, regulations,
instructions, manuals and records, held by it or under its control or used by
its employees for discharging its functions;
|
|
|
|
(vi)
|
a
statement of the categories of documents that are held by it or under its
control;
|
|
|
|
(vii)
|
the particulars of any arrangement
that exists for consultation with, or representation by, the members of the
public in relation to the formulation of its policy or implementation
thereof;
|
|
|
|
(viii)
|
a statement of the boards,
councils, committees and other bodies consisting of two or more persons
constituted as its part or for the purpose of its advice, and as to whether
meetings of those boards, councils, committees and other bodies are open to
the public, or the minutes of such meetings are accessible for public;
|
|
|
|
(ix)
|
a directory of its officers and
employees;
|
|
|
|
(x)
|
the monthly remuneration received
by each of its officers and employees, including the system of compensation
as provided in its regulations;
|
|
|
|
(xi)
|
the
budget allocated to each of its agency, indicating the particulars of all
plans, proposed expenditures and reports on disbursements made;
|
|
|
|
(xii)
|
the manner of execution of
subsidy programmes, including the amounts allocated and the details of
beneficiaries of such programmes;
|
|
|
|
(xiii)
|
particulars of recipients of
concessions, permits or authorisations granted by it;
|
|
|
|
(xiv)
|
details in respect of the
information, available to or held by it, reduced in an electronic form;
|
|
|
|
(xv)
|
the particulars of facilities
available to citizens for obtaining information, including the working hours
of a library or reading room, if maintained for public use;
|
|
|
|
(xvi)
|
the names, designations and other
particulars of the Public Information Officers;
|
|
|
|
(xvii)
|
such other information as may be
prescribed and thereafter update these publications every year;
|
|
|
(c)
|
publish
all relevant facts while formulating important policies or announcing the
decisions which affect public;
|
|
|
(d)
|
provide reasons for its
administrative or quasi-judicial decisions to affected persons.
|
|
(2)
|
|
It shall be a constant endeavour
of every public authority to take steps in accordance with the requirements
of clause (b) of sub-section (1) to provide as much information suo motu to
the public at regular intervals through various means of communications,
including internet, so that the public have minimum resort to the use of this
Act to obtain information.
|
|
(3)
|
|
For the purposes of sub-section
(1), every information shall be disseminated widely and in such form and
manner which is easily accessible to the public.
|
|
(4)
|
|
All materials shall be
disseminated taking into consideration the cost effectiveness, local language
and the most effective method of communication in that local area and the
information should be easily accessible, to the extent possible in electronic
format with the Central Public Information Officer or State Public Information
Officer, as the case may be, available free or at such cost of the medium or
the print cost price as may be prescribed.
|
|
|
|
Explanation.—For the purposes of
sub-sections (3) and (4), "disseminated" means making known or
communicated the information to the public through notice boards, newspapers,
public announcements, media broadcasts, the internet or any other means,
including inspection of offices of any public authority.
|
5
|
(1)
|
|
Every public authority shall,
within one hundred days of the enactment of this Act, designate as many
officers as the Central Public Information Officers or State Public
Information Officers, as the case may be, in all administrative units or
offices under it as may be necessary to provide information to persons requesting
for the information under this Act.
|
|
(2)
|
|
Without prejudice to the
provisions of sub-section (1), every public authority shall designate an
officer, within one hundred days of the enactment of this Act, at each
sub-divisional level or other sub-district level as a Central Assistant
Public Information Officer or a State Assistant Public Information Officer,
as the case may be, to receive the applications for information or appeals
under this Act for forwarding the same forthwith to the Central Public
Information Officer or the State Public Information Officer or senior officer
specified under sub-section (1) of section 19 or the Central Information
Commission or the State Information Commission, as the case may be:
Provided
that where an application for information or appeal is given to a Central
Assistant Public Information Officer or a State Assistant Public Information
Officer, as the case may be, a period of five days shall be added in
computing the period for response specified under sub-section (1) of section
7.
|
|
(3)
|
|
Every
Central Public Information Officer or State Public Information Officer, as
the case may be, shall deal with requests from persons seeking information
and render reasonable assistance to the persons seeking such information.
|
|
(4)
|
|
The
Central Public Information Officer or State Public Information Officer, as
the case may be, may seek the assistance of any other officer as he or she
considers it necessary for the proper discharge of his or her duties.
|
|
(5)
|
|
Any officer, whose assistance has
been sought under sub-section (4), shall render all assistance to the Central
Public Information Officer or State Public Information Officer, as the case
may be, seeking his or her assistance and for the purposes of any contravention
of the provisions of this Act, such other officer shall be treated as a
Central Public Information Officer or State Public Information Officer, as
the case may be.
|
6
|
(1)
|
|
A
person, who desires to obtain any information under this Act, shall make a
request in writing or through electronic means in English or Hindi or in the
official language of the area in which the application is being made,
accompanying such fee as may be prescribed, to—
|
|
|
(a)
|
the Central Public Information
Officer or State Public Information Officer, as the case may be, of the
concerned public authority;
|
|
|
(b)
|
the Central Assistant Public
Information Officer or State Assistant Public Information Officer, as the
case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall render all reasonable assistance to the person making the
request orally to reduce the same in writing.
|
|
(2)
|
|
An
applicant making request for information shall not be required to give any
reason for requesting the information or any other personal details except
those that may be necessary for contacting him.
|
|
(3)
|
|
Where an application is made to a
public authority requesting for an information,—
|
|
|
(i)
|
which is held by another public
authority; or
|
|
|
(ii)
|
the subject matter of which is
more closely connected with the functions of another public authority
the public authority, to which such application is made, shall transfer the
application or such part of it as may be appropriate to that other public
authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section
shall be made as soon as practicable but in no case later than five days from
the date of receipt of the application.
|
7
|
(1)
|
|
Subject
to the proviso to sub-section (2) of section 5 or the proviso to sub-section
(3) of section 6, the Central Public Information Officer or State Public
Information Officer, as the case may be, on receipt of a request under
section 6 shall, as expeditiously as possible, and in any case within thirty
days of the receipt of the request, either provide the information on payment
of such fee as may be prescribed or reject the request for any of the reasons
specified in sections 8 and 9:
Provided
that where the information sought for concerns the life or liberty of a
person, the same shall be provided within forty-eight hours of the receipt of
the request.
|
|
(2)
|
|
If
the Central Public Information Officer or State Public Information Officer,
as the case may be, fails to give decision on the request for information
within the period specified under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may be,
shall be deemed to have refused the request.
|
|
(3)
|
|
Where a decision is taken to
provide the information on payment of any further fee representing the cost
of providing the information, the Central Public Information Officer or State
Public Information Officer, as the case may be, shall send an intimation to
the person making the request, giving—
|
|
|
(a)
|
the
details of further fees representing the cost of providing the information as
determined by him, together with the calculations made to arrive at the
amount in accordance with fee prescribed under sub-section (1), requesting
him to deposit that fees, and the period intervening between the despatch of
the said intimation and payment of fees shall be excluded for the purpose of
calculating the period of thirty days referred to in that sub-section;
|
|
|
(b)
|
information concerning his or her
right with respect to review the decision as to the amount of fees charged or
the form of access provided, including the particulars of the appellate
authority, time limit, process and any other forms.
|
|
(4)
|
|
Where
access to the record or a part thereof is required to be provided under this
Act and the person to whom access is to be provided is sensorily disabled,
the Central Public Information Officer or State Public Information Officer,
as the case may be, shall provide assistance to enable access to the
information, including providing such assistance as may be appropriate for
the inspection.
|
|
(5)
|
|
Where
access to information is to be provided in the printed or in any electronic
format, the applicant shall, subject to the provisions of sub-section (6),
pay such fee as may be prescribed:
Provided
that the fee prescribed under sub-section (1) of section 6 and sub-sections
(1) and (5) of section 7 shall be reasonable and no such fee shall be charged
from the persons who are of below poverty line as may be determined by the
appropriate Government.
|
|
(6)
|
|
Notwithstanding anything contained
in sub-section (5), the person making
request for the information shall be provided the information free of charge
where a public authority fails to comply with the time limits specified in
sub-section (1).
|
|
(7)
|
|
Before taking any decision under
sub-section (1), the Central Public Information Officer or State Public
Information Officer, as the case may be, shall take into consideration the
representation made by a third party under section 11.
|
|
(8)
|
|
Where a request has been rejected
under sub-section (1), the Central Public Information Officer or State Public
Information Officer, as the case may be, shall communicate to the person
making the request,—
|
|
|
(i)
|
the
reasons for such rejection;
|
|
|
(ii)
|
the period within which an appeal
against such rejection may be preferred; and
|
|
|
(iii)
|
the particulars of the appellate
authority.
|
|
(9)
|
|
An information shall ordinarily be
provided in the form in which it is sought unless it would disproportionately
divert the resources of the public authority or would be detrimental to the
safety or preservation of the record in question.
|
8
|
(1)
|
|
Notwithstanding
anything contained in this Act, there shall be no obligation to give any
citizen,—
|
|
|
(a)
|
information, disclosure of which
would prejudicially affect the sovereignty and integrity of India, the
security, strategic, scientific or economic interests of the State, relation
with foreign State or lead to incitement of an offence;
|
|
|
(b)
|
information
which has been expressly forbidden to be published by any court of law or
tribunal or the disclosure of which may constitute contempt of court;
|
|
|
(c)
|
information, the disclosure of
which would cause a breach of privilege of Parliament or the State
Legislature;
|
|
|
(d)
|
information including commercial
confidence, trade secrets or intellectual property, the disclosure of which
would harm the competitive position of a third party, unless the competent
authority is satisfied that larger public interest warrants the disclosure of
such information;
|
|
|
|
(e)
information available to a person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public interest warrants the
disclosure of such information;
|
|
|
(f)
|
information received in confidence
from foreign Government;
|
|
|
(g)
|
information, the disclosure of
which would endanger the life or physical safety of any person or identify
the source of information or assistance given in confidence for law
enforcement or security purposes;
|
|
|
(h)
|
information which would impede the
process of investigation or apprehension or prosecution of offenders;
|
|
|
(i)
|
cabinet papers including records
of deliberations of the Council of Ministers, Secretaries and other officers:
|
|
|
|
Provided
that the decisions of Council of Ministers, the reasons thereof, and the
material on the basis of which the decisions were taken shall be made public
after the decision has been taken, and the matter is complete, or over:
Provided
further that those matters which come under the exemptions specified in this
section shall not be disclosed;
|
|
|
(j)
|
information which relates to
personal information the disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion of the
privacy of the individual unless the Central Public Information Officer or
the State Public Information Officer or the appellate authority, as the case
may be, is satisfied that the larger public interest justifies the disclosure
of such information:
|
|
|
|
Provided that the information
which cannot be denied to the Parliament or a State Legislature shall not be
denied to any person.
|
|
(2)
|
|
Notwithstanding
anything in the Official Secrets Act, 1923 nor any of the exemptions
permissible in accordance with sub-section (1), a public authority may allow
access to information, if public interest in disclosure outweighs the harm to
the protected interests.
|
|
(3)
|
|
Subject to the provisions of
clauses (a), (c) and (i) of sub-section (1), any information relating to any
occurrence, event or matter which has taken place, occurred or happened
twenty years before the date on which any request is made under secton 6
shall be provided to any person making a request under that section:
|
|
|
|
Provided
that where any question arises as to the date from which the said period of
twenty years has to be computed, the decision of the Central Government shall
be final, subject to the usual appeals provided for in this Act.
|
9
|
|
|
Without prejudice to the
provisions of section 8, a Central Public Information Officer or a State
Public Information Officer, as the case may be, may reject a request for
information where such a request for providing access would involve an
infringement of copyright subsisting in a person other than the State.
|
10
|
(1)
|
|
Where
a request for access to information is rejected on the ground that it is in
relation to information which is exempt from disclosure, then,
notwithstanding anything contained in this Act, access may be provided to
that part of the record which does not contain any information which is
exempt from disclosure under this Act and which can reasonably be severed
from any part that contains exempt information.
|
|
(2)
|
|
Where
access is granted to a part of the record under sub-section (1), the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall give a notice to the applicant, informing—
|
|
|
(a)
|
that only part of the record
requested, after severance of the record containing information which is
exempt from disclosure, is being provided;
|
|
|
(b)
|
the reasons for the decision,
including any findings on any material question of fact, referring to the
material on which those findings were based;
|
|
|
(c)
|
the name and designation of the
person giving the decision;
|
|
|
(d)
|
the
details of the fees calculated by him or her and the amount of fee which the
applicant is required to deposit; and
|
|
|
(e)
|
his or her rights with respect to
review of the decision regarding non-disclosure of part of the information,
the amount of fee charged or the form of access provided, including the
particulars of the senior officer specified under sub-section (1) of section
19 or the Central Information Commission or the State Information Commission,
as the case may be, time limit, process and any other form of access.
|
11
|
(1)
|
|
Where
a Central Public Information Officer or a State Public Information Officer,
as the case may be, intends to disclose any information or record, or part
thereof on a request made under this Act, which relates to or has been
supplied by a third party and has been treated as confidential by that third
party, the Central Public Information Officer or State Public Information
Officer, as the case may be, shall, within five days from the receipt of the
request, give a written notice to such third party of the request and of the
fact that the Central Public Information Officer or State Public Information
Officer, as the case may be, intends to disclose the information or record,
or part thereof, and invite the third party to make a submission in writing
or orally, regarding whether the information should be disclosed, and such
submission of the third party shall be kept in view while taking a decision
about disclosure of information:
Provided
that except in the case of trade or commercial secrets protected by law,
disclosure may be allowed if the public interest in disclosure outweighs in
importance any possible harm or injury to the interests of such third party.
|
|
(2)
|
|
Where a notice is served by the
Central Public Information Officer or State Public Information Officer, as
the case may be, under sub-section (1) to a third party in respect of any
information or record or part thereof, the third party shall, within ten days
from the date of receipt of such notice, be given the opportunity to make
representation against the proposed disclosure.
|
|
(3)
|
|
Notwithstanding anything
contained in section 7, the Central Public Information Officer or State
Public Information Officer, as the case may be, shall, within forty days
after receipt of the request under section 6, if the third party has been
given an opportunity to make representation under sub-section (2), make a
decision as to whether or not to disclose the information or record or part
thereof and give in writing the notice of his decision to the third party.
|
|
(4)
|
|
A notice given under sub-section
(3) shall include a statement that the third party to whom the notice is
given is entitled to prefer an appeal under section 19 against the decision.
|
CHAPTER
III
The
Central Information Commission
|
12
|
(1)
|
|
The Central Government shall, by
notification in the Official Gazette, constitute a body to be known as the
Central Information Commission to exercise the powers conferred on, and to
perform the functions assigned to, it under this Act.
|
|
(2)
|
|
The Central Information Commission
shall consist of—
|
|
|
(a)
|
the
Chief Information Commissioner; and
|
|
|
(b)
|
such number of Central Information
Commissioners, not exceeding ten, as may be deemed necessary.
|
|
(3)
|
|
The
Chief Information Commissioner and Information Commissioners shall be
appointed by the President on the recommendation of a committee consisting
of—
|
|
|
(i)
|
the Prime Minister, who shall be
the Chairperson of the committee;
|
|
|
(ii)
|
the Leader of Opposition in the
Lok Sabha; and
|
|
|
(iii)
|
a Union Cabinet Minister to be
nominated by the Prime Minister.
|
|
|
|
Explanation.—For the purposes of
removal of doubts, it is hereby declared that where the Leader of Opposition
in the House of the People has not been recognised as such, the Leader of the
single largest group in opposition of the Government in the House of the
People shall be deemed to be the Leader of Opposition.
|
|
(4)
|
|
The
general superintendence, direction and management of the affairs of the
Central Information Commission shall vest in the Chief Information
Commissioner who shall be assisted by the Information Commissioners and may
exercise all such powers and do all such acts and things which may be
exercised or done by the Central Information Commission autonomously without
being subjected to directions by any other authority under this Act.
|
|
(5)
|
|
The Chief Information Commissioner
and Information Commissioners shall be persons of eminence in public life
with wide knowledge and experience in law, science and technology, social
service, management, journalism, mass media or administration and governance.
|
|
(6)
|
|
The
Chief Information Commissioner or an Information Commissioner shall not be a
Member of Parliament or Member of the Legislature of any State or Union
territory, as the case may be, or hold any other office of profit or
connected with any political party or carrying on any business or pursuing
any profession.
|
|
(7)
|
|
The headquarters of the Central
Information Commission shall be at Delhi and the Central Information
Commission may, with the previous approval of the Central Government, establish
offices at other places in India.
|
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
|
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
|
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.
|
|
[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.".
|
|
(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.
|
0 comments:
Post a Comment