About Right to Information
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1. |
When does it come into force? |
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It comes
into force on the 12th October, 2005 (120th day of its enactment on 15th
June, 2005). Some provisions have come into force with immediate effect
viz. obligations of public authorities [S.4(1)], designation of Public
Information Officers and Assistant Public Information Officers[S.5(1) and
5(2)], constitution of Central Information Commission (S.12 and 13),
constitution of State Information Commission (S.15 and 16),
non-applicability of the Act to Intelligence and Security Organizations
(S.24) and power to make rules to carry out the provisions of the Act
(S.27 and 28). |
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2. |
Who is covered? |
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The Act extends to the whole of India except the State of Jammu and
Kashmir. [S.(12)] |
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3. |
What does information mean? |
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Information means any material in any form including records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form and information relating to any
private body which can be accessed by a public authority under any other
law for the time being in force but does not include "file notings"
[S.2(f)]. |
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4. |
What does Right to Information mean? |
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It includes the right to
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- inspect works, documents, records.
- take notes, extracts or certified copies of
documents or records.
- take certified samples of material.
- obtain information in form of printouts, diskettes,
floppies, tapes, video cassettes or in any other electronic mode or
through printouts.[S.2(j)]
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Officers and
their obligations
| 1. |
What are the obligations of public
authority? |
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It shall publish within one hundred and twenty
days of the enactment:-
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the particulars of its
organization, functions and duties;
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the powers and duties of its
officers and employees;
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the procedure followed in its
decision making process, including channels of supervision and
accountability;
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the norms set by it for the
discharge of its functions;
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the rules, regulations,
instructions, manuals and records used by its employees for discharging
its functions;
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a statement of the categories
of the documents held by it or under its control;
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the particulars of any
arrangement that exists for consultation with, or representation by the
members of the public, in relation to the formulation of policy or
implementation thereof;
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a statement of the boards,
councils, committees and other bodies consisting of two or more persons
constituted by it. Additionally, information as to whether the meetings
of these are open to the public, or the minutes' of such meetings are
accessible to the public;
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a directory of its officers
and employees;
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the monthly remuneration
received by each of its officers and employees, including the system of
compensation as provided in its regulations;
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the budget allocated to each
of its agency, indicating the particulars of all plans, proposed
expenditures and reports on disbursements made;
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the manner of execution of
subsidy programmes, including the amounts allocated and the details and
beneficiaries of such programmes;
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particulars of recipients of
concessions, permits or authorizations granted by it;
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details of the information
available to, or held by it, reduced in an electronic form;
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the particulars of facilities
available to citizens for obtaining information, including the working
hours of a library or reading room, if maintained for public
use;
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the names, designations and
other particulars of the Public Information Officers.[S.4(1)(b)]
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| 2. |
What does a "public authority" mean? |
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It means any authority or body
or institution of self-government established or constituted:
[S.2(h)]
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by or under the
Constitution;
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by any other law made by
Parliament;
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by any other law made by State
Legislature;
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by notification issued or
order made by the appropriate Government.and includes
any-
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body owned, controlled or
substantially financed
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non-Government organization
substantially financed directly or indirectly by the appropriate
Government. |
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| 3. |
Who are Public Information Officers
(PIOs)? |
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PIOs are officers designated by
the public authorities in all administrative units or offices under it to
provide information to the citizens requesting for information under the
Act. Any officer, whose assistance has been sought by the PIO for the
proper discharge of his or her duties, shall render all assistance and for
the purpose of contraventions of the provisions of this Act, such other
officer shall be treated as a PIO. |
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| 4. |
What are the duties of a PIO? |
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- PIO shall deal with requests from persons seeking
information and where the request cannot be made in writing, to render
reasonable assistance to the person to reduce the same in
writing.
- If the information requested for is held by or its
subject matter is closely connected with the function of another public
authority, the PIO shall transfer, within 5 days, the request to that
other public authority and inform the applicant immediately.
- PIO may seek the assistance of any other officer
for the proper discharge of his/her duties.
- PIO, on receipt of a request, shall as
expeditiously as possible, and in any case within 30 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 S.8 or S.9.
- Where the information requested for concerns the
life or liberty of a person, the same shall be provided within
forty-eight hours of the receipt of the request.
- If the PIO fails to give decision on the request
within the period specified, he shall be deemed to have refused the
request.
- Where a request has been rejected, the PIO shall
communicate to the requester - (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.
- PIO shall provide information 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.
- If allowing partial access, the PIO shall give a
notice to the applicant, informing:
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that only part of the record requested, after
severance of the record containing information which is exempt from
disclosure, is being provided;
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the reasons for the decision, including any
findings on any material question of fact, referring to the material on
which those findings were based;
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the name and designation of the person giving the
decision;
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the details of the fees calculated by him or her
and the amount of fee which the applicant is required to deposit;
and
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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.
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If
information sought has been supplied by third party or is treated as
confidential by that third party, the PIO shall give a written notice to
the third party within 5 days from the receipt of the request and take
its representation into consideration.
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Third
party must be given a chance to make a representation before the PIO
within 10 days from the date of receipt of such
notice. |
What information is available?
| 1. |
What is not open to disclosure? |
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The following is exempt from disclosure [S.8)]
- 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
- 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;
- information, the disclosure of which would cause a
breach of privilege of Parliament or the State Legislature;
- 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;
- 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;
- information received in confidence from foreign
Government;
- 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;
- information which would impede the process of
investigation or apprehension or prosecution of offenders;
- cabinet papers including records of deliberations
of the Council of Ministers, Secretaries and other officers;
- 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;
- Notwithstanding any of the exemptions listed above,
a public authority may allow access to information, if public interest
in disclosure outweighs the harm to the protected interests.
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| 2. |
Is partial disclosure allowed? |
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Only that
part of the record which does not contain any information which is exempt
from disclosure and which can reasonably be severed from any part that
contains exempt information, may be provided. [S.10] |
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| 3. |
Who is excluded? |
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Central
Intelligence and Security agencies specified in the Second Schedule like
IB, R&AW, Directorate of Revenue Intelligence, Central Economic
Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau,
Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF,
NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman
and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special
Branch, Lakshadweep Police. Agencies specified by the State Governments
through a Notification will also be excluded. The exclusion, however, is
not absolute and these organizations have an obligation to provide
information pertaining to allegations of corruption and human rights
violations. Further, information relating to allegations of human rights
valuations could be given but only with the approval of the Central or
State Information Commission, as the case may be.
[S.24)] |
Procedure for Request of Information
| 1. |
What is the Application Procedure for requesting
information? |
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- Apply in writing or through electronic means in
English or Hindi or in the official language of the area, to the PIO,
specifying the particulars of the information sought for.
- Reason for seeking information are not required to
be given;
- Pay fees as may be prescribed (if not belonging to
the below poverty line category).
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| 2. |
What is the time limit to get the
information? |
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- 30 days from the date of application
- 48 hours for information concerning the life and
liberty of a person
- 5 days shall be added to the above response time,
in case the application for information is given to Assistant Public
Information Officer.
- If the interests of a third party are involved then
time limit will be 40 days (maximum period + time given to the party to
make representation).
- Failure to provide information within the specified
period is a deemed refusal.
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| 3. |
What is the fee? |
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- Application fees to be prescribed which must be
reasonable.
- If further fees are required, then the same must be
intimated in writing with calculation details of how the figure was
arrived at;
- Applicant can seek review of the decision on fees
charged by the PIO by applying to the appropriate Appellate
Authority;
- No fees will be charged from people living below
the poverty line
- Applicant must be provided information free of cost
if the PIO fails to comply with the prescribed time limit.
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| 4. |
What could be the ground for
rejection? |
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- If it is covered by exemption from disclosure.
(S.8)
- If it infringes copyright of any person other than
the State. (S.9)
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Information Commissions
| 1. |
How is Central Information Commission
constituted? |
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- Central Information Commission to be constituted by
the Central Government through a Gazette Notification.
- Commission includes 1 Chief Information
Commissioner (CIC) and not more than 10 Information Commissioners (IC)
who will be appointed by the President of India.
- Oath of Office will be administered by the
President of India according to the form set out in the First
Schedule.
- Commission shall have its Headquarters in Delhi.
Other offices may be established in other parts of the country with the
approval of the Central Government.
- Commission will exercise its powers without being
subjected to directions by any other authority. (S.12)
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| 2. |
What is the eligibility criteria and what is the
process of appointment of CIC/IC? |
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- Candidates for CIC/IC must 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.
- CIC/IC shall not be a Member of Parliament or
Member of the Legislature of any State or Union Territory. He shall not
hold any other office of profit or connected with any political party or
carrying on any business or pursuing any profession. (S.12)
- Appointment Committee includes Prime Minister
(Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet
Minister to be nominated by the Prime Minister.
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| 3. |
What is the term of office and other service
conditions of CIC? |
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- CIC shall be appointed for a term of 5 years from
date on which he enters upon his office or till he attains the age of 65
years, whichever is earlier.
- CIC is not eligible for reappointment.
- Salary will be the same as that of the Chief
Election Commissioner. This will not be varied to the disadvantage of
the CIC during service. (S.13)
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| 4. |
What is the term of office and other service
conditions of IC? |
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- IC 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 IC.
- Salary will be the same as that of the Election
Commissioner. This will not be varied to the disadvantage of the IC
during service.
- IC is eligible for appointment as CIC but will not
hold office for more than a total of five years including his/her term
as IC. (S.13)
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| 5. |
How is the State Information Commission
constituted? |
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- The State Information Commission will be
constituted by the State Government through a Gazette notification. It
will have one State Chief Information Commissioner (SCIC) and not more
than 10 State Information Commissioners (SIC) to be appointed by the
Governor.
- Oath of office will be administered by the Governor
according to the form set out in the First Schedule.
- The headquarters of the State Information
Commission shall be at such place as the State Government may specify.
Other offices may be established in other parts of the State with the
approval of the State Government.
- The Commission will exercise its powers without
being subjected to any other authority.
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| 6. |
What is the eligibility criterion and what is the
process of appointment of State Chief Information Commissioner/State
Information Commissioners? |
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The Appointments Committee will
be headed by the Chief Minister. Other members include the Leader of the
Opposition in the Legislative Assembly and one Cabinet Minister nominated
by the Chief Minister.
The qualifications for appointment as SCIC/SIC shall
be the same as that for Central Commissioners.
The salary of the State Chief Information
Commissioner will be the same as that of an Election Commissioner. The
salary of the State Information Commissioner will be the same as that of
the Chief Secretary of the State Government. (S.15) |
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| 7. |
What are the powers and functions of Information
Commissions? |
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- The Central Information Commission/State
Information Commission has a duty to receive complaints from any person
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| a) |
who
has not been able to submit an information request because a PIO
has not been appointed ; |
| b) |
who
has been refused information that was
requested; |
| c) |
who
has received no response to his/her information request within the
specified time limits ; |
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who thinks the fees charged are
unreasonable ; |
| e) |
who
thinks information given is incomplete or false or misleading
;and |
| f) |
any
other matter relating to obtaining information under this
law. |
- Power to order inquiry if there are reasonable
grounds.
- CIC/SCIC will have powers of Civil Court such as
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| a) |
summoning and enforcing attendance of
persons, compelling them to give oral or written evidence on oath
and to produce documents or things; |
| b) |
requiring the discovery and inspection of
documents; |
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receiving evidence on affidavit
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| d) |
requisitioning public records or copies
from any court or office |
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issuing summons for examination of witnesses
or documents |
| f) |
any other matter which may be
prescribed. |
- All records covered by this law (including those
covered by exemptions) must be given to CIC/SCIC during inquiry for
examination.
- Power to secure compliance of its decisions from
the Public Authority includes-
| a) |
providing access to information in a
particular form; |
| b) |
directing the public authority to appoint a
PIO/APIO where none exists; |
| c) |
publishing information or categories of
information; |
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making necessary changes to the practices
relating to management, maintenance and destruction of records
; |
| e) |
enhancing training provision for officials on
RTI; |
| f) |
seeking an annual report from the public
authority on compliance with this law; |
| g) |
require it to compensate for any loss or
other detriment suffered by the applicant ; |
| h) |
impose penalties under this law;
or |
| i) |
reject the application. (S.18 and
S.19) | |
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| 8. |
What is the reporting procedure? |
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- Central Information Commission will send an annual
report to the Central Government on the implementation of the provisions
of this law at the end of the year. The State Information Commission
will send a report to the State Government .
- Each Ministry has a duty to compile reports from
its Public Authorities and send them to the Central Information
Commission or State Information Commission, as the case may
be.
- Each report will contain details of number of
requests received by each Public Authority, number of rejections and
appeals, particulars of any disciplinary action taken, amount of fees
and charges collected etc.
- Central Government will table the Central
Information Commission report before Parliament after the end of each
year. The concerned State Government will table the report of the State
Information Commission before the Vidhan Sabha (and the Vidhan Parishad
wherever applicable). (S.25)
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Role
of the Governments
| 1. |
What is the role of Central/State
Governments? |
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- Develop educational programmes for the public
especially disadvantaged communities on RTI.
- Encourage Public Authorities to participate in the
development and organization of such programmes.
- Promote timely dissemination of accurate
information to the public.
- Train officers and develop training
materials.
- Compile and disseminate a User Guide for the public
in the respective official language.
- Publish names, designation postal addresses and
contact details of PIOs and other information such as notices regarding
fees to be paid, remedies available in law if request is rejected etc.
(S.26)
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| 2. |
Who has the Rule making power? |
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Central Government, State
Governments and the Competent Authority as defined in S.2(e) are vested
with powers to make rules to carry out the provisions of the Right to
Information Act, 2005. (S.27 & S.28) |
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| 3. |
Who has the power to deal with the difficulties while
implementing this act? |
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If any difficulty arises in
giving effect to the provisions in the Act, the Central Government may, by
Order published in the Official Gazette, make provisions
necessary/expedient for removing the difficulty.
(S.30) |
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:�
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CHAPTER I
Preliminary |
| 1 | (1) | | This Act
may be called the Right to Information Act, 2005. |
| | (2) | | It extends
to the whole of India except the State of Jammu and Kashmir. |
| | (3) | | The
provisions of sub-section (1) of section 4,
sub-sections (1) and (2)
of section 5, sections 12, 13, 15,16, 24 , 27 and 28 shall come into force at
once, and the remaining provisions of this Act shall come into force on the one
hundred and twentieth day of its enactment. |
| 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. |
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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
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.
Published by Rudolph
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