The Right to Information Act, 2005
(1)
This Act may be called the Right to Information Act, 2005.
(2) It
extends to the whole of India 1***.
(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.
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1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
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 organisation 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 subsection (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.
Section: - 3: -
Right to information
Subject
to the provisions of this Act, all citizens shall have the right to
information.
Section: -4: Obligations of public authorities
(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.
Section: -5: Designation of
Public Information Officers
(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 subdistrict 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.
Section: -6:
-Request for obtaining information
(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.
Section: -7: -Disposal
of request
(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.
Section: -8: -Exemption from
disclosure of information
(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 (19 of 1923) nor any
of the exemptions permissible in accordance with sub-section (1), a public
authority may allow access to information, if public interest in disclosure
outweighs the harm to the protected interests.
(3)
Subject to the provisions of
clauses (a), (c) and (i) of sub-section (1), any
information relating to any occurrence, event or matter which has taken place,
occurred or happened twenty years before the date on which any request is made
under section 6 shall be provided to any person making a request under that
section:
Provided
that where any question arises as to the date from which the said period of
twenty years has to be computed, the decision of the Central Government shall
be final, subject to the usual appeals provided for in this Act.
Section: -9:
Grounds for rejection to access in certain cases
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.
Section: -10: -Severability
(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.
Section: -11: Third party information
(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.
Section:12: - Constitution
of Central Information Commission
(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.
Section:13:
Terms of office and conditions of service
(1) The
Chief Information Commissioner shall hold office 1[for such term as may be
prescribed by the Central Government] 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 1[for such term as may be
prescribed by the Central Government] 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.
2[(5)
The salaries and allowances payable to and other terms and conditions of
service of the Chief Information Commissioner and the Information Commissioners
shall be such as may be prescribed by the Central Government:
Provided
that the salaries, allowances and other conditions of service of the Chief
Information Commissioner or the Information Commissioners shall not be varied
to their disadvantage after their appointment:
Provided
further that the Chief Information Commissioner and the Information
Commissioners appointed before the commencement of the Right to Information
(Amendment) Act, 2019 shall continue to be governed by the provisions of this
Act and the rules made thereunder as if the Right to Information (Amendment)
Act, 2019 had not come into force.]
(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.
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.
(7) 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.
Section:14: - Removal of Chief Information Commissioner or
Information Commissioner
(1)
Subject to the provisions of sub-section (3), the Chief Information
Commissioner or any Information Commissioner shall be removed from his office
only by order of the President on the ground of proved misbehaviour or
incapacity after the Supreme Court, on a reference made to it by the President,
has, on inquiry, reported that the Chief Information Commissioner or any
Information Commissioner, as the case may be, ought on such ground be removed.
(2) The
President may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the Chief Information Commissioner or
Information Commissioner in respect of whom a reference has been made to the
Supreme Court under sub-section (1) until the President has passed
orders on receipt of the report of the Supreme Court on such reference.
(3)
Notwithstanding anything contained in sub-section (1), the President may
by order remove from office the Chief Information Commissioner or any
Information Commissioner if the Chief Information Commissioner or a Information
Commissioner, as the case may be,--
(a) is
adjudged an insolvent; or
(b) has
been convicted of an offence which, in the opinion of the President, involves
moral turpitude; or
(c)
engages during his term of office in any paid employment outside the duties of
his office; or
(d) is,
in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body; or
(e) has
acquired such financial or other interest as is likely to affect prejudicially his
functions as the Chief Information Commissioner or a Information Commissioner.
(4) If
the Chief Information Commissioner or a Information Commissioner in any way,
concerned or interested in any contract or agreement made by or on behalf of
the Government of India or participates in any way in the profit thereof or in
any benefit or emolument arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he shall, for the
purposes of sub-section (1), be deemed to be guilty of misbehaviour.
Section: - 15: Constitution
of State Information Commission
(1)
Every State Government shall, by notification in the Official Gazette,
constitute a body to be known as the ......... (name of the State) Information
Commission to exercise the powers conferred on, and to perform the functions
assigned to, it under this Act.
(2) The
State Information Commission shall consist of--
(a) the
State Chief Information Commissioner, and
(b)
such number of State Information Commissioners, not exceeding ten, as may be
deemed necessary.
(3) The
State Chief Information Commissioner and the State Information Commissioners
shall be appointed by the Governor on the recommendation of a committee
consisting of--
(i) the
Chief Minister, who shall be the Chairperson of the committee;
(ii)
the Leader of Opposition in the Legislative Assembly; and
(iii) a
Cabinet Minister to be nominated by the Chief Minister.
Explanation.
--For the purposes of removal of doubts, it is hereby declared that where the Leader
of Opposition in the Legislative Assembly has not been 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.
Section:16: Term of office and conditions of service
(1) The
State Chief Information Commissioner shall hold office 1[for such term as
may be prescribed by the Central Government] 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 1[for such term as
may be prescribed by the Central Government] 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 subsection, 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.
2[(5)
The salaries and allowances payable to and other terms and conditions of
service of the State Chief Information Commissioner and the State Information
Commissioners shall be such as may be prescribed by the Central Government:
Provided
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:
Provided
further that the State Chief Information Commissioner and the State Information
Commissioners appointed before the commencement of the Right to Information
(Amendment) Act, 2019 shall continue to be governed by the provisions of this
Act and the rules made there under as if the Right to Information (Amendment)
Act, 2019 had not come into force.]
(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.
Section: -17: -Removal of State Chief Information Commissioner
or State Information Commissioner
(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.
Section: - 18: Powers and functions of Information Commissions
(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 (5 of 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.
Section: - 19: Appeal
(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.
Section: - 20: Penalties
(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.
Section: - 21: Protection of action taken in good faith
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.
Section: - 22: Act to have overriding effect
The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in the Official Secrets Act, 1923 (19 of 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.
Section: - 23: Bar of jurisdiction of courts
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.
Section: - 24: Act not to apply to certain organisations
(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.
Section: - 25: Monitoring and reporting
(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.
Section: - 26: Appropriate Government to prepare programmes
(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.
Section: - 27: Power to make rules by appropriate Government
(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;
1[(ca)
the term of office of the Chief Information Commissioner and Information
Commissioners under sub-sections (1) and (2) of section 13 and the State Chief
Information Commissioner and State Information Commissioners under sub-sections
(1) and (2) of section 16;
(cb)
the salaries, allowances and other terms and conditions of service of the Chief
Information Commissioner and the Information Commissioners under sub-section
(5) of section 13 and the State Chief Information Commissioner and the State
Information Commissioners under sub-section (5) of section 16;]
(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.
Section: - 28: Power to make
rules by competent authority
(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.
Section: - 29: Laying of rules
(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.
Section:-30: Power to remove difficulties
(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.
Section:-31: Repeal
The
Freedom of Information Act, 2002 (5 of 2003) is hereby repealed.
For view, the RTI Act click the link below:-
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