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 =20

THE RIGHT TO = INFORMATION ACT,=20 2005

No. 22 of = 2005=20

[15th June, = 2005]=20

An Act to = provide for=20 setting out the practical regime of right to information for = citizens=20 to secure access to information under the control of public=20 authorities, in order to promote transparency and = accountability in=20 the working of every public authority, the constitution of a = Central=20 Information Commission and State Information Commissions and = for=20 matters connected therewith or incidental thereto.=20

Whereas the = Constitution of India=20 has established democratic Republic;=20

And whereas = democracy requires an=20 informed citizenry and transparency of information which are vital = to its=20 functioning and also to contain corruption and to hold Governments = and=20 their instrumentalities accountable to the governed;=20

And whereas = revelation of=20 information in actual practice is likely to conflict with other = public=20 interests including efficient operations of the Governments, = optimum use=20 of limited fiscal resources and the preservation of = confidentiality of=20 sensitive information;=20

And whereas it is = necessary to=20 harmonise these conflicting interests while preserving the = paramountcy of=20 the democratic ideal;=20

Now, therefore, it = is expedient=20 to provide for furnishing certain information to citizens who = desire to=20 have it.=20

Be it enacted by = Parliament in=20 the Fifty-sixth Year of the Republic of India as = follows:=97=20

 

CHAPTER = I=20

Preliminary

1 (1)     This Act = may be called=20 the Right to Information Act, 2005.
  (2)     It extends = to the whole=20 of India except the State of Jammu and Kashmir.
  (3)     The = provisions of=20 sub-section (1) of section 4, sub-sections (1) and=20 (2) of section 5, sections 12, 13, 15,16, 24 , 27 and 28 = shall come=20 into force at once, and the remaining provisions of this Act shall = come=20 into force on the one hundred and twentieth day of its=20 enactment.
2     In this = Act, unless the=20 context otherwise requires,=97
  (a)   "appropriate Government"=20 means in relation to a public authority which is established, = constituted,=20 owned, controlled or substantially financed by funds provided = directly or=20 indirectly=97
    (i)  by the = Central=20 Government or the Union territory administration, the Central=20 Government;
    (ii) by the = State Government,=20 the State Government;
  (b)   "Central = Information=20 Commission" means the Central Information Commission constituted = under=20 sub-section (1) of section 12;
  (c)   "Central = Public=20 Information Officer" means the Central Public Information Officer=20 designated under sub-section (1) and includes a Central = Assistant=20 Public Information Officer designated as such under sub-section = (2)=20 of section 5;
  (d)   "Chief = Information=20 Commissioner" and "Information Commissioner" mean the Chief = Information=20 Commissioner and Information Commissioner appointed under = sub-section=20 (3) of section 12;
  (e)   "competent = authority"=20 means=97
    (i) the = Speaker in the case=20 of the House of the People or the Legislative Assembly of a State = or a=20 Union territory having such Assembly and the Chairman in the case = of the=20 Council of States or Legislative Council of a = State;
    (ii) the Chief = Justice of=20 India in the case of the Supreme Court;
    (iii) the Chief = Justice of the=20 High Court in the case of a High Court;
    (iv) the = President or the=20 Governor, as the case may be, in the case of other authorities = established=20 or constituted by or under the Constitution;
    (v) the = administrator=20 appointed under article 239 of the Constitution;
  (f)   "information" means any=20 material in any form, including records, documents, memos, = e-mails,=20 opinions, advices, press releases, circulars, orders, logbooks, = contracts,=20 reports, papers, samples, models, data material held in any = electronic=20 form and information relating to any private body which can be = accessed by=20 a public authority under any other law for the time being in=20 force;
  (g)   "prescribed" means=20 prescribed by rules made under this Act by the appropriate = Government or=20 the competent authority, as the case may be;
  (h)   "public = authority" means=20 any authority or body or institution of self- government = established or=20 constituted=97
    (a)

by or under the=20 Constitution;

    (b) by any = other law made by=20 Parliament;
    (c) by any = other law made by=20 State Legislature;
    (d)

by notification = issued or order=20 made by the appropriate Government, and includes = any=97

      (i)  body owned, = controlled or=20 substantially financed;
      (ii)

 non-Government organization=20 substantially financed, directly or indirectly by funds provided = by the=20 appropriate Government;

  (i)  

"record"=20 includes=97

    (a) any = document, manuscript=20 and file;
    (b) any = microfilm,=20 microfiche and facsimile copy of a document;
    (c) any = reproduction of=20 image or images embodied in such microfilm (whether enlarged or = not);=20 and
    (d) any other = material=20 produced by a computer or any other device;
  (j)   "right to = information"=20 means the right to information accessible under this Act which is = held by=20 or under the control of any public authority and includes the = right=20 to=97
    (i) inspection = of work,=20 documents, records;
    (ii) taking = notes, extracts=20 or certified copies of documents or records;
    (iii) taking = certified samples=20 of material;
    (iv)  obtaining = information in=20 the form of diskettes, floppies, tapes, video cassettes or in any = other=20 electronic mode or through printouts where such information is = stored in a=20 computer or in any other device;
  (k)    "State Information=20 Commission" means the State Information Commission constituted = under=20 sub-section (1) of section 15;
  (l)    "State Chief=20 Information Commissioner" and "State Information Commissioner" = mean the=20 State Chief Information Commissioner and the State Information=20 Commissioner appointed under sub-section (3) of section=20 15;
  (m)   "State = Public=20 Information Officer" means the State Public Information Officer = designated=20 under sub-section (1) and includes a State Assistant Public = Information Officer designated as such under sub-section = (2) of=20 section 5;
  (n)   "third = party" means a=20 person other than the citizen making a request for information and = includes a public authority.
       

CHAPTER II =

Right to = information and=20 obligations of public authorities

3     Subject to = the=20 provisions of this Act, all citizens shall have the right to=20 information.
4 (1)   Every = public authority=20 shall=97
    (a) maintain = all its records=20 duly catalogued and indexed in a manner and the form which = facilitates the=20 right to information under this Act and ensure that all records = that are=20 appropriate to be computerised are, within a reasonable time and = subject=20 to availability of resources, computerised and connected through a = network=20 all over the country on different systems so that access to such = records=20 is facilitated;
    (b) publish = within one=20 hundred and twenty days from the enactment of this = Act,=97
     

(i)

  the particulars = of its=20 organisation, functions and duties;
      (ii)

 the powers = and duties of=20 its officers and employees;

      (iii) the procedure = followed in the=20 decision making process, including channels of supervision and=20 accountability;
      (iv) the norms set by it = for the=20 discharge of its functions;
      (v) the rules, = regulations,=20 instructions, manuals and records, held by it or under its control = or used=20 by its employees for discharging its functions;
      (vi)

a statement of the = categories of=20 documents that are held by it or under its = control;

      (vii) the particulars of = any=20 arrangement that exists for consultation with, or representation = by, the=20 members of the public in relation to the formulation of its policy = or=20 implementation thereof;
      (viii) a statement of the = boards,=20 councils, committees and other bodies consisting of two or more = persons=20 constituted as its part or for the purpose of its advice, and as = to=20 whether meetings of those boards, councils, committees and other = bodies=20 are open to the public, or the minutes of such meetings are = accessible for=20 public;
      (ix) a directory of its = officers and=20 employees;
      (x) the monthly = remuneration received=20 by each of its officers and employees, including the system of=20 compensation as provided in its regulations;
      (xi)

 the budget = allocated to=20 each of its agency, indicating the particulars of all plans, = proposed=20 expenditures and reports on disbursements = made;

      (xii)  the manner of = execution of=20 subsidy programmes, including the amounts allocated and the = details of=20 beneficiaries of such programmes;
      (xiii) particulars of = recipients of=20 concessions, permits or authorisations granted by = it;
      (xiv) details in respect of = the=20 information, available to or held by it, reduced in an electronic=20 form;
      (xv)  the particulars of = facilities=20 available to citizens for obtaining information, including the = working=20 hours of a library or reading room, if maintained for public=20 use;
      (xvi)  the names, = designations and other=20 particulars of the Public Information Officers;
      (xvii) such other = information as may be=20 prescribed and thereafter update these publications every=20 year;
    (c)

 publish all = relevant facts=20 while formulating important policies or announcing the decisions = which=20 affect public;

    (d) provide = reasons for its=20 administrative or quasi-judicial decisions to affected=20 persons.
  (2)   It shall = be a constant=20 endeavour of every public authority to take steps in accordance = with the=20 requirements of clause (b) of sub-section (1) to provide as much=20 information suo motu to the public at regular intervals through = various=20 means of communications, including internet, so that the public = have=20 minimum resort to the use of this Act to obtain = information.
  (3)   For the = purposes of=20 sub-section (1), every information shall be disseminated widely = and in=20 such form and manner which is easily accessible to the=20 public.
  (4)   All = materials shall be=20 disseminated taking into consideration the cost effectiveness, = local=20 language and the most effective method of communication in that = local area=20 and the information should be easily accessible, to the extent = possible in=20 electronic format with the Central Public Information Officer or = State=20 Public Information Officer, as the case may be, available free or = at such=20 cost of the medium or the print cost price as may be=20 prescribed.
      Explanation.=97For the=20 purposes of sub-sections (3) and (4), "disseminated" means making = known or=20 communicated the information to the public through notice boards,=20 newspapers, public announcements, media broadcasts, the internet = or any=20 other means, including inspection of offices of any public=20 authority.
5=20  (1)   Every = public authority=20 shall, within one hundred days of the enactment of this Act, = designate as=20 many officers as the Central Public Information Officers or State = Public=20 Information Officers, as the case may be, in all administrative = units or=20 offices under it as may be necessary to provide information to = persons=20 requesting for the information under this Act.
  (2)   Without = prejudice to the=20 provisions of sub-section (1), every public authority shall = designate an=20 officer, within one hundred days of the enactment of this Act, at = each=20 sub-divisional level or other sub-district level as a Central = Assistant=20 Public Information Officer or a State Assistant Public Information = Officer, as the case may be, to receive the applications for = information=20 or appeals under this Act for forwarding the same forthwith to the = Central=20 Public Information Officer or the State Public Information Officer = or=20 senior officer specified under sub-section (1) of section 19 or = the=20 Central Information Commission or the State Information = Commission, as the=20 case may be:=20

Provided that where an application = for=20 information or appeal is given to a Central Assistant Public = Information=20 Officer or a State Assistant Public Information Officer, as the = case may=20 be, a period of five days shall be added in computing the period = for=20 response specified under sub-section (1) of section = 7.

  (3)  

Every Central = Public Information=20 Officer or State Public Information Officer, as the case may be, = shall=20 deal with requests from persons seeking information and render = reasonable=20 assistance to the persons seeking such = information.

  (4)  

The Central Public = Information=20 Officer or State Public Information Officer, as the case may be, = may seek=20 the assistance of any other officer as he or she considers it = necessary=20 for the proper discharge of his or her = duties.

  (5)   Any = officer, whose=20 assistance has been sought under sub-section (4), shall render all = assistance to the Central Public Information Officer or State = Public=20 Information Officer, as the case may be, seeking his or her = assistance and=20 for the purposes of any contravention of the provisions of this = Act, such=20 other officer shall be treated as a Central Public Information = Officer or=20 State Public Information Officer, as the case may = be.
6=20 (1)  

A person, who = desires to obtain=20 any information under this Act, shall make a request in writing or = through=20 electronic means in English or Hindi or in the official language = of the=20 area in which the application is being made, accompanying such fee = as may=20 be prescribed, to=97

    (a) the = Central Public=20 Information Officer or State Public Information Officer, as the = case may=20 be, of the concerned public authority;
    (b) the = Central Assistant=20 Public Information Officer or State Assistant Public Information = Officer,=20 as the case may be,

specifying the particulars of the = information=20 sought by him or her:

Provided that where such request = cannot be=20 made in writing, the Central Public Information Officer or State = Public=20 Information Officer, as the case may be, shall render all = reasonable=20 assistance to the person making the request orally to reduce the = same in=20 writing.
  (2)  

An applicant making = request for=20 information shall not be required to give any reason for = requesting the=20 information or any other personal details except those that may be = necessary for contacting him.

  (3)   Where an = application is=20 made to a public authority requesting for an = information,=97
    (i) which is = held by another=20 public authority; or
    (ii) the = subject matter of=20 which is more closely connected with the functions of another = public=20 authority,

the public authority, to which such application = is made,=20 shall transfer the application or such part of it as may be = appropriate to=20 that other public authority and inform the applicant immediately = about=20 such transfer:

Provided that the transfer of an application = pursuant to this sub-section shall be made as soon as practicable = but in=20 no case later than five days from the date of receipt of the=20 application.
7 (1)  

 Subject to = the proviso to=20 sub-section (2) of section 5 or the proviso to sub-section (3) of = section=20 6, the Central Public Information Officer or State Public = Information=20 Officer, as the case may be, on receipt of a request under section = 6=20 shall, as expeditiously as possible, and in any case within thirty = days of=20 the receipt of the request, either provide the information on = payment of=20 such fee as may be prescribed or reject the request for any of the = reasons=20 specified in sections 8 and 9:=20

Provided that where = the=20 information sought for concerns the life or liberty of a person, = the same=20 shall be provided within forty-eight hours of the receipt of the=20 request.

  (2)  

If the Central = Public Information=20 Officer or State Public Information Officer, as the case may be, = fails to=20 give decision on the request for information within the period = specified=20 under sub-section (1), the Central Public Information Officer or = State=20 Public Information Officer, as the case may be, shall be deemed to = have=20 refused the request.

  (3)   Where a = decision is=20 taken to provide the information on payment of any further fee=20 representing the cost of providing the information, the Central = Public=20 Information Officer or State Public Information Officer, as the = case may=20 be, shall send an intimation to the person making the request,=20 giving=97
    (a)

the details of = further fees=20 representing the cost of providing the information as determined = by him,=20 together with the calculations made to arrive at the amount in = accordance=20 with fee prescribed under sub-section (1), requesting him to = deposit that=20 fees, and the period intervening between the despatch of the said=20 intimation and payment of fees shall be excluded for the purpose = of=20 calculating the period of thirty days referred to in that=20 sub-section;

    (b) information concerning=20 his or her right with respect to review the decision as to the = amount of=20 fees charged or the form of access provided, including the = particulars of=20 the appellate authority, time limit, process and any other=20 forms.
  (4)  

Where access to the = record or a=20 part thereof is required to be provided under this Act and the = person to=20 whom access is to be provided is sensorily disabled, the Central = Public=20 Information Officer or State Public Information Officer, as the = case may=20 be, shall provide assistance to enable access to the information,=20 including providing such assistance as may be appropriate for the=20 inspection.

  (5)  

Where access to = information is to=20 be provided in the printed or in any electronic format, the = applicant=20 shall, subject to the provisions of sub-section (6), pay such fee = as may=20 be prescribed:=20

Provided that the = fee prescribed=20 under sub-section (1) of section 6 and sub-sections (1) and (5) of = section=20 7 shall be reasonable and no such fee shall be charged from the = persons=20 who are of below poverty line as may be determined by the = appropriate=20 Government.

  (6)   Notwithstanding anything=20 contained in sub-section (5), the person making
request for = the=20 information shall be provided the information free of charge where = a=20 public authority fails to comply with the time limits specified in = sub-section (1).
  (7)   Before = taking any=20 decision under sub-section (1), the Central Public Information = Officer or=20 State Public Information Officer, as the case may be, shall take = into=20 consideration the representation made by a third party under = section=20 11.
  (8)   Where a = request has been=20 rejected under sub-section (1), the Central Public Information = Officer or=20 State Public Information Officer, as the case may be, shall = communicate to=20 the person making the request,=97
    (i)

the reasons for = such=20 rejection;

    (ii) the period = within which=20 an appeal against such rejection may be preferred; = and
    (iii) the = particulars of the=20 appellate authority.
  (9)   An = information shall=20 ordinarily be provided in the form in which it is sought unless it = would=20 disproportionately divert the resources of the public authority or = would=20 be detrimental to the safety or preservation of the record in=20 question.
8  (1)  

Notwithstanding = anything=20 contained in this Act, there shall be no obligation to give any=20 citizen,=97

    (a) information, disclosure=20 of which would prejudicially affect the sovereignty and integrity = of=20 India, the security, strategic, scientific or economic interests = of the=20 State, relation with foreign State or lead to incitement of an=20 offence;
    (b)

information which = has been=20 expressly forbidden to be published by any court of law or = tribunal or the=20 disclosure of which may constitute contempt of = court;

    (c) information, the=20 disclosure of which would cause a breach of privilege of = Parliament or the=20 State Legislature;
    (d) information including=20 commercial confidence, trade secrets or intellectual property, the = disclosure of which would harm the competitive position of a third = party,=20 unless the competent authority is satisfied that larger public = interest=20 warrants the disclosure of such information;
     

(e) information = available to a=20 person in his fiduciary relationship, unless the competent = authority is=20 satisfied that the larger public interest warrants the disclosure = of such=20 information;

    (f)  information received in=20 confidence from foreign Government;
    (g) information, the=20 disclosure of which would endanger the life or physical safety of = any=20 person or identify the source of information or assistance given = in=20 confidence for law enforcement or security = purposes;
    (h) information which would=20 impede the process of investigation or apprehension or prosecution = of=20 offenders;
    (i) cabinet = papers including=20 records of deliberations of the Council of Ministers, Secretaries = and=20 other officers:
     

Provided that the = decisions of=20 Council of Ministers, the reasons thereof, and the material on the = basis=20 of which the decisions were taken shall be made public after the = decision=20 has been taken, and the matter is complete, or over:=20

Provided further = that those=20 matters which come under the exemptions specified in this section = shall=20 not be disclosed;

    (j) information which=20 relates to personal information the disclosure of which has no=20 relationship to any public activity or interest, or which would = cause=20 unwarranted invasion of the privacy of the individual unless the = Central=20 Public Information Officer or the State Public Information Officer = or the=20 appellate authority, as the case may be, is satisfied that the = larger=20 public interest justifies the disclosure of such = information:
      Provided = that the=20 information which cannot be denied to the Parliament or a State=20 Legislature shall not be denied to any person.
  (2)  

Notwithstanding = anything in the=20 Official Secrets Act, 1923 nor any of the exemptions permissible = in=20 accordance with sub-section (1), a public authority may allow = access to=20 information, if public interest in disclosure outweighs the harm = to the=20 protected interests.

  (3)   Subject to = the=20 provisions of clauses (a), (c) and (i) of sub-section (1), any = information=20 relating to any occurrence, event or matter which has taken place, = occurred or happened twenty years before the date on which any = request is=20 made under secton 6 shall be provided to any person making a = request under=20 that section:
     

Provided that where = any question=20 arises as to the date from which the said period of twenty years = has to be=20 computed, the decision of the Central Government shall be final, = subject=20 to the usual appeals provided for in this Act. =

9     Without = prejudice to the=20 provisions of section 8, a Central Public Information Officer or a = State=20 Public Information Officer, as the case may be, may reject a = request for=20 information where such a request for providing access would = involve an=20 infringement of copyright subsisting in a person other than the=20 State.
10 (1)  

Where a request for = access to=20 information is rejected on the ground that it is in relation to=20 information which is exempt from disclosure, then, notwithstanding = anything contained in this Act, access may be provided to that = part of the=20 record which does not contain any information which is exempt from = disclosure under this Act and which can reasonably be severed from = any=20 part that contains exempt information.

  (2)  

Where access is = granted to a part=20 of the record under sub-section (1), the Central Public = Information=20 Officer or State Public Information Officer, as the case may be, = shall=20 give a notice to the applicant, informing=97

    (a) that only = part of the=20 record requested, after severance of the record containing = information=20 which is exempt from disclosure, is being = provided;
    (b) the = reasons for the=20 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=20 of the person giving the decision;
    (d) 

the details of the = fees=20 calculated by him or her and the amount of fee which the applicant = is=20 required to deposit; and

    (e) his or her = rights with=20 respect to review of the decision regarding non-disclosure of part = of the=20 information, the amount of fee charged or the form of access = provided,=20 including the particulars of the senior officer specified under=20 sub-section (1) of section 19 or the Central Information = Commission or the=20 State Information Commission, as the case may be, time limit, = process and=20 any other form of access.
11  (1)  

Where a Central = Public=20 Information Officer or a State Public Information Officer, as the = case may=20 be, intends to disclose any information or record, or part thereof = on a=20 request made under this Act, which relates to or has been supplied = by a=20 third party and has been treated as confidential by that third = party, the=20 Central Public Information Officer or State Public Information = Officer, as=20 the case may be, shall, within five days from the receipt of the = request,=20 give a written notice to such third party of the request and of = the fact=20 that the Central Public Information Officer or State Public = Information=20 Officer, as the case may be, intends to disclose the information = or=20 record, or part thereof, and invite the third party to make a = submission=20 in writing or orally, regarding whether the information should be=20 disclosed, and such submission of the third party shall be kept in = view=20 while taking a decision about disclosure of information:=20

Provided that = except in the case=20 of trade or commercial secrets protected by law, disclosure may be = allowed=20 if the public interest in disclosure outweighs in importance any = possible=20 harm or injury to the interests of such third party. =

  (2)   Where a = notice is served=20 by the Central Public Information Officer or State Public = Information=20 Officer, as the case may be, under sub-section (1) to a third = party in=20 respect of any information or record or part thereof, the third = party=20 shall, within ten days from the date of receipt of such notice, be = given=20 the opportunity to make representation against the proposed=20 disclosure.
  (3)    Notwithstanding=20 anything contained in section 7, the Central Public Information = Officer or=20 State Public Information Officer, as the case may be, shall, = within forty=20 days after receipt of the request under section 6, if the third = party has=20 been given an opportunity to make representation under sub-section = (2),=20 make a decision as to whether or not to disclose the information = or record=20 or part thereof and give in writing the notice of his decision to = the=20 third party.
  (4)   A notice = given under=20 sub-section (3) shall include a statement that the third party to = whom the=20 notice is given is entitled to prefer an appeal under section 19 = against=20 the decision.

CHAPTER = III

The Central = Information=20 Commission

12 (1)   The = Central Government=20 shall, by notification in the Official Gazette, constitute a body = to be=20 known as the Central Information Commission to exercise the powers = conferred on, and to perform the functions assigned to, it under = this=20 Act.
  (2)   The = Central Information=20 Commission shall consist of=97
    (a)

 the Chief = Information=20 Commissioner; and

    (b) such = number of Central=20 Information Commissioners, not exceeding ten, as may be deemed=20 necessary.
  (3)  

The Chief = Information=20 Commissioner and Information Commissioners shall be appointed by = the=20 President on the recommendation of a committee consisting=20 of=97

    (i) the Prime = Minister, who=20 shall be the Chairperson of the committee;
    (ii) the Leader = of Opposition=20 in the Lok Sabha; and
    (iii) a Union = Cabinet Minister=20 to be nominated by the Prime Minister.
      Explanation.=97For the=20 purposes of removal of doubts, it is hereby declared that where = the Leader=20 of Opposition in the House of the People has not been recognised = as such,=20 the Leader of the single largest group in opposition of the = Government in=20 the House of the People shall be deemed to be the Leader of=20 Opposition.
  (4)  

 The general=20 superintendence, direction and management of the affairs of the = Central=20 Information Commission shall vest in the Chief Information = Commissioner=20 who shall be assisted by the Information Commissioners and may = exercise=20 all such powers and do all such acts and things which may be = exercised or=20 done by the Central Information Commission autonomously without = being=20 subjected to directions by any other authority under this=20 Act.

  (5)   The Chief = Information=20 Commissioner and Information Commissioners shall be persons of = eminence in=20 public life with wide knowledge and experience in law, science and = technology, social service, management, journalism, mass media or=20 administration and governance.
  (6)  

The Chief = Information=20 Commissioner or an Information Commissioner shall not be a Member = of=20 Parliament or Member of the Legislature of any State or Union = territory,=20 as the case may be, or hold any other office of profit or = connected with=20 any political party or carrying on any business or pursuing any=20 profession.

  (7)   The = headquarters of the=20 Central Information Commission shall be at Delhi and the Central=20 Information Commission may, with the previous approval of the = Central=20 Government, establish offices at other places in = India.
13  (1)  

The Chief = Information=20 Commissioner shall hold office for a term of five years from the = date on=20 which he enters upon his office and shall not be eligible for=20 reappointment:=20

Provided that no = Chief=20 Information Commissioner shall hold office as such after he has = attained=20 the age of sixty-five years.

  (2)  

Every Information = Commissioner=20 shall hold office for a term of five years from the date on which = he=20 enters upon his office or till he attains the age of sixty-five = years,=20 whichever is earlier, and shall not be eligible for reappointment = as such=20 Information Commissioner:=20

Provided that every = Information=20 Commissioner shall, on vacating his office under this sub-section = be=20 eligible for appointment as the Chief Information Commissioner in = the=20 manner specified in sub-section (3) of section 12:=20

Provided further = that where the=20 Information Commissioner is appointed as the Chief Information=20 Commissioner, his term of office shall not be more than five years = in=20 aggregate as the Information Commissioner and the Chief = Information=20 Commissioner.

  (3)  

The Chief = Information=20 Commissioner or an Information Commissioner shall before he enters = upon=20 his office make and subscribe before the President or some other = person=20 appointed by him in that behalf, an oath or affirmation according = to the=20 form set out for the purpose in the First = Schedule.

  (4)   The Chief = Information=20 Commissioner or an Information Commissioner may, at any time, by = writing=20 under his hand addressed to the President, resign from his = office:=20

Provided that the Chief Information = Commissioner or an Information Commissioner may be removed in the = manner=20 specified under section 14.

  (5)   The = salaries and=20 allowances payable to and other terms and conditions of service of = =97
    (a)

the Chief = Information=20 Commissioner shall be the same as that of the Chief Election=20 Commissioner;

    (b) an = Information=20 Commissioner shall be the same as that of an Election=20 Commissioner:
      Provided = that if the=20 Chief Information Commissioner or an Information Commissioner, at = the time=20 of his appointment is, in receipt of a pension, other than a = disability or=20 wound pension, in respect of any previous service under the = Government of=20 India or under the Government of a State, his salary in respect of = the=20 service as the Chief Information Commissioner or an Information=20 Commissioner shall be reduced by the amount of that pension = including any=20 portion of pension which was commuted and pension equivalent of = other=20 forms of retirement benefits excluding pension equivalent of = retirement=20 gratuity:
      Provided = further that if=20 the Chief Information Commissioner or an Information Commissioner = if, at=20 the time of his appointment is, in receipt of retirement benefits = in=20 respect of any previous service rendered in a Corporation = established by=20 or under any Central Act or State Act or a Government company = owned or=20 controlled by the Central Government or the State Government, his = salary=20 in respect of the service as the Chief Information Commissioner or = an=20 Information Commissioner shall be reduced by the amount of pension = equivalent to the retirement benefits:
      Provided = also that the=20 salaries, allowances and other conditions of service of the Chief=20 Information Commissioner and the Information Commissioners shall = not be=20 varied to their disadvantage after their = appointment.
  (6)   The = Central Government=20 shall provide the Chief Information Commissioner and the = Information=20 Commissioners with such officers and employees as may be necessary = for the=20 efficient performance of their functions under this Act, and the = salaries=20 and allowances payable to and the terms and conditions of service = of the=20 officers and other employees appointed for the purpose of this Act = shall=20 be such as may be prescribed.
14 (1)   Subject to = the=20 provisions of sub-section (3), the Chief Information Commissioner = or any=20 Information Commissioner shall be removed from his office only by = order of=20 the President on the ground of proved misbehaviour or incapacity = after the=20 Supreme Court, on a reference made to it by the President, has, on = inquiry, reported that the Chief Information Commissioner or any=20 Information Commissioner, as the case may be, ought on such ground = be=20 removed.
  (2)   The = President may=20 suspend from office, and if deem necessary prohibit also from = attending=20 the office during inquiry, the Chief Information Commissioner or=20 Information Commissioner in respect of whom a reference has been = made to=20 the Supreme Court under sub-section (1) until the President has = passed=20 orders on receipt of the report of the Supreme Court on such=20 reference.
  (3)   Notwithstanding anything=20 contained in sub-section (1), the President may by order remove = from=20 office the Chief Information Commissioner or any Information = Commissioner=20 if the Chief Information Commissioner or a Information = Commissioner, as=20 the case may be,=97
    (a)

is adjudged an = insolvent;=20 or

    (b) has been = convicted of an=20 offence which, in the opinion of the President, involves moral = turpitude;=20 or
    (c) engages = during his term=20 of office in any paid employment outside the duties of his office; = or
    (d) is, in the = opinion of=20 the President, unfit to continue in office by reason of infirmity = of mind=20 or body; or
    (e) has = acquired such=20 financial or other interest as is likely to affect prejudicially = his=20 functions as the Chief Information Commissioner or a Information=20 Commissioner.
  (4)    If the = Chief Information=20 Commissioner or a Information Commissioner in any way, concerned = or=20 interested in any contract or agreement made by or on behalf of = the=20 Government of India or participates in any way in the profit = thereof or in=20 any benefit or emolument arising there from otherwise than as a = member and=20 in common with the other members of an incorporated company, he = shall, for=20 the purposes of sub-section (1), be deemed to be guilty of=20 misbehavior.

CHAPTER = IV=20

The = State=20 Information Commission

15 (1)   Every = State Government=20 shall, by notification in the Official Gazette, constitute a body = to be=20 known as the ......... (name of the State) Information Commission = to=20 exercise the powers conferred on, and to perform the functions = assigned=20 to, it under this Act.
  (2)  

 The State = Information=20 Commission shall consist of=97

    (a) the State = Chief=20 Information Commissioner, and
    (b) such = number of State=20 Information Commissioners, not exceeding ten, as may be deemed=20 necessary.
  (3)   The State = Chief=20 Information Commissioner and the State Information Commissioners = shall be=20 appointed by the Governor on the recommendation of a committee = consisting=20 of=97
    (i)

 the Chief = Minister, who=20 shall be the Chairperson of the committee;

    (ii)  the Leader = of Opposition=20 in the Legislative Assembly; and
    (iii) a Cabinet = Ministrer to=20 be nominated by the Chief Minister.
      Explanation.=97For the=20 purposes of removal of doubts, it is hereby declared that where = the Leader=20 of Opposition in the Legislative Assembly has not been recognised = as such,=20 the Leader of the single largest group in opposition of the = Government in=20 the Legislative Assembly shall be deemed to be the Leader of=20 Opposition.
  (4)   The = general=20 superintendence, direction and management of the affairs of the = State=20 Information Commission shall vest in the State Chief Information=20 Commissioner who shall be assisted by the State Information = Commissioners=20 and may exercise all such powers and do all such acts and things = which may=20 be exercised or done by the State Information Commission = autonomously=20 without being subjected to directions by any other authority under = this=20 Act.
  (5)   The State = Chief=20 Information Commissioner and the State Information Commissioners = shall be=20 persons of eminence in public life with wide knowledge and = experience in=20 law, science and technology, social service, management, = journalism, mass=20 media or administration and governance.
  (6)   The State = Chief=20 Information Commissioner or a State Information Commissioner shall = not be=20 a Member of Parliament or Member of the Legislature of any State = or Union=20 territory, as the case may be, or hold any other office of profit = or=20 connected with any political party or carrying on any business or = pursuing=20 any profession.
  (7)   The = headquarters of the=20 State Information Commission shall be at such place in the State = as the=20 State Government may, by notification in the Official Gazette, = specify and=20 the State Information Commission may, with the previous approval = of the=20 State Government, establish offices at other places in the=20 State.
16 (1)  

 The State = Chief Information=20 Commissioner shall hold office for a term of five years from the = date on=20 which he enters upon his office and shall not be eligible for=20 reappointment:

      Provided = that no State=20 Chief Information Commissioner shall hold office as such after he = has=20 attained the age of sixty-five years.
  (2)  

Every State = Information=20 Commissioner shall hold office for a term of five years from the = date on=20 which he enters upon his office or till he attains the age of = sixty-five=20 years, whichever is earlier, and shall not be eligible for = reappointment=20 as such State Information Commissioner:

      Provided = that every=20 State Information Commissioner shall, on vacating his office under = this=20 sub-section, be eligible for appointment as the State Chief = Information=20 Commissioner in the manner specified in sub-section (3) of section = 15:
      Provided = further that=20 where the State Information Commissioner is appointed as the State = Chief=20 Information Commissioner, his term of office shall not be more = than five=20 years in aggregate as the State Information Commissioner and the = State=20 Chief Information Commissioner.
  (3)   The State = Chief=20 Information Commissioner or a State Information Commissioner, = shall before=20 he enters upon his office make and subscribe before the Governor = or some=20 other person appointed by him in that behalf, an oath or = affirmation=20 according to the form set out for the purpose in the First=20 Schedule.
  (4)  

The State Chief = Information=20 Commissioner or a State Information Commissioner may, at any time, = by=20 writing under his hand addressed to the Governor, resign from his=20 office:

      Provided = that the State=20 Chief Information Commissioner or a State Information Commissioner = may be=20 removed in the manner specified under section 17.
  (5)  

The salaries and = allowances=20 payable to and other terms and conditions of service = of=97

    (a) the State = Chief=20 Information Commissioner shall be the same as that of an Election=20 Commissioner;
    (b)

the State = Information=20 Commissioner shall be the same as that of the Chief Secretary to = the State=20 Government:

      Provided = that if the=20 State Chief Information Commissioner or a State Information = Commissioner,=20 at the time of his appointment is, in receipt of a pension, other = than a=20 disability or wound pension, in respect of any previous service = under the=20 Government of India or under the Government of a State, his salary = in=20 respect of the service as the State Chief Information Commissioner = or a=20 State Information Commissioner shall be reduced by the amount of = that=20 pension including any portion of pension which was commuted and = pension=20 equivalent of other forms of retirement benefits excluding pension = equivalent of retirement gratuity:
      Provided = further that=20 where the State Chief Information Commissioner or a State = Information=20 Commissioner if, at the time of his appointment is, in receipt of=20 retirement benefits in respect of any previous service rendered in = a=20 Corporation established by or under any Central Act or State Act = or a=20 Government company owned or controlled by the Central Government = or the=20 State Government, his salary in respect of the service as the = State Chief=20 Information Commissioner or the State Information Commissioner = shall be=20 reduced by the amount of pension equivalent to the retirement=20 benefits:
      Provided = also that the=20 salaries, allowances and other conditions of service of the State = Chief=20 Information Commissioner and the State Information Commissioners = shall not=20 be varied to their disadvantage after their = appointment.
  (6)   The State = Government=20 shall provide the State Chief Information Commissioner and the = State=20 Information Commissioners with such officers and employees as may = be=20 necessary for the efficient performance of their functions under = this Act,=20 and the salaries and allowances payable to and the terms and = conditions of=20 service of the officers and other employees appointed for the = purpose of=20 this Act shall be such as may be prescribed.
17 (1)   Subject to = the=20 provisions of sub-section (3), the State Chief Information = Commissioner or=20 a State Information Commissioner shall be removed from his office = only by=20 order of the Governor on the ground of proved misbehaviour or = incapacity=20 after the Supreme Court, on a reference made to it by the = Governor, has on=20 inquiry, reported that the State Chief Information Commissioner or = a State=20 Information Commissioner, as the case may be, ought on such ground = be=20 removed.
  (2)   The = Governor may suspend=20 from office, and if deem necessary prohibit also from attending = the office=20 during inquiry, the State Chief Information Commissioner or a = State=20 Information Commissioner in respect of whom a reference has been = made to=20 the Supreme Court under sub-section (1) until the Governor has = passed=20 orders on receipt of the report of the Supreme Court on such=20 reference.
  (3)   Notwithstanding anything=20 contained in sub-section (1), the Governor may by order remove = from office=20 the State Chief Information Commissioner or a State Information=20 Commissioner if a State Chief Information Commissioner or a State=20 Information Commissioner, as the case may be,=97
     

(a) is adjudged an = insolvent;=20 or

    (b)  has been = convicted of an=20 offence which, in the opinion of the Governor, involves moral = turpitude;=20 or
    (c) engages = during his term=20 of office in any paid employment outside the duties of his office; = or
    (d) is, in the = opinion of=20 the Governor, unfit to continue in office by reason of infirmity = of mind=20 or body; or
    (e) has = acquired such=20 financial or other interest as is likely to affect prejudicially = his=20 functions as the State Chief Information Commissioner or a State=20 Information Commissioner.
  (4)   If the = State Chief=20 Information Commissioner or a State Information Commissioner in = any way,=20 concerned or interested in any contract or agreement made by or on = behalf=20 of the Government of the State or participates in any way in the = profit=20 thereof or in any benefit or emoluments arising therefrom = otherwise than=20 as a member and in common with the other members of an = incorporated=20 company, he shall, for the purposes of sub-section (1), be deemed = to be=20 guilty of misbehaviour.

CHAPTER V =

Powers and=20 functions of the Information Commissions, appeal and=20 penalties

18 (1)   Subject to = the=20 provisions of this Act, it shall be the duty of the Central = Information=20 Commission or State Information Commission, as the case may be, to = receive=20 and inquire into a complaint from any person,=97
    (a)  who has = been unable to=20 submit a request to a Central Public Information Officer or State = Public=20 Information Officer, as the case may be, either by reason that no = such=20 officer has been appointed under this Act, or because the Central=20 Assistant Public Information Officer or State Assistant Public = Information=20 Officer, as the case may be, has refused to accept his or her = application=20 for information or appeal under this Act for forwarding the same = to the=20 Central Public Information Officer or State Public Information = Officer or=20 senior officer specified in sub-section (1) of section 19 or the = Central=20 Information Commission or the State Information Commission, as the = case=20 may be;
    (b)  who has = been refused=20 access to any information requested under this = Act;
    (c) who has = not been given a=20 response to a request for information or access to information = within the=20 time limit specified under this Act;
    (d) who has = been required to=20 pay an amount of fee which he or she considers = unreasonable;
    (e)

who believes that = he or she has=20 been given incomplete, misleading or false information under this = Act;=20 and

    (f) in respect = of any other=20 matter relating to requesting or obtaining access to records under = this=20 Act.
  (2)  

Where the Central = Information=20 Commission or State Information Commission, as the case may be, is = satisfied that there are reasonable grounds to inquire into the = matter, it=20 may initiate an inquiry in respect thereof.

  (3)   The = Central Information=20 Commission or State Information Commission, as the case may be, = shall,=20 while inquiring into any matter under this section, have the same = powers=20 as are vested in a civil court while trying a suit under the Code = of Civil=20 Procedure, 1908, in respect of the following matters,=20 namely:=97
    (a)

summoning and = enforcing the=20 attendance of persons and compel them to give oral or written = evidence on=20 oath and to produce the documents or things;

    (b)  requiring = the discovery=20 and inspection of documents;
    (c) receiving = evidence on=20 affidavit;
    (d)  requisitioning any=20 public record or copies thereof from any court or = office;
    (e)

 issuing = summons for=20 examination of witnesses or documents; and

    (f)  any other = matter which=20 may be prescribed.
  (4)   Notwithstanding anything=20 inconsistent contained in any other Act of Parliament or State=20 Legislature, as the case may be, the Central Information = Commission or the=20 State Information Commission, as the case may be, may, during the = inquiry=20 of any complaint under this Act, examine any record to which this = Act=20 applies which is under the control of the public authority, and no = such=20 record may be withheld from it on any grounds.
19  (1)   Any person = who, does not=20 receive a decision within the time specified in sub-section (1) or = clause=20 (a) of sub-section (3) of section 7, or is aggrieved by a decision = of the=20 Central Public Information Officer or State Public Information = Officer, as=20 the case may be, may within thirty days from the expiry of such = period or=20 from the receipt of such a decision prefer an appeal to such = officer who=20 is senior in rank to the Central Public Information Officer or = State=20 Public Information Officer as the case may be, in each public=20 authority:
      Provided = that such=20 officer may admit the appeal after the expiry of the period of = thirty days=20 if he or she is satisfied that the appellant was prevented by = sufficient=20 cause from filing the appeal in time.
  (2)    Where an = appeal is=20 preferred against an order made by a Central Public Information = Officer or=20 a State Public Information Officer, as the case may be, under = section 11=20 to disclose third party information, the appeal by the concerned = third=20 party shall be made within thirty days from the date of the=20 order.
  (3)  

A second appeal = against the=20 decision under sub-section (1) shall lie within ninety days from = the date=20 on which the decision should have been made or was actually = received, with=20 the Central Information Commission or the State Information=20 Commission:

      Provided = that the=20 Central Information Commission or the State Information = Commission, as the=20 case may be, may admit the appeal after the expiry of the period = of ninety=20 days if it is satisfied that the appellant was prevented by = sufficient=20 cause from filing the appeal in time.
  (4)  

 If the = decision of the=20 Central Public Information Officer or State Public Information = Officer, as=20 the case may be, against which an appeal is preferred relates to=20 information of a third party, the Central Information Commission = or State=20 Information Commission, as the case may be, shall give a = reasonable=20 opportunity of being heard to that third = party.

  (5)   In any = appeal=20 proceedings, the onus to prove that a denial of a request was = justified=20 shall be on the Central Public Information Officer or State Public = Information Officer, as the case may be, who denied the=20 request.
  (6)   An appeal = under=20 sub-section (1) or sub-section (2) shall be disposed of within = thirty days=20 of the receipt of the appeal or within such extended period not = exceeding=20 a total of forty-five days from the date of filing thereof, as the = case=20 may be, for reasons to be recorded in writing.
  (7)  

The decision of the = Central=20 Information Commission or State Information Commission, as the = case may=20 be, shall be binding.

  (8)   In its = decision, the=20 Central Information Commission or State Information Commission, as = the=20 case may be, has the power to=97
    (a) require = the public=20 authority to take any such steps as may be necessary to secure = compliance=20 with the provisions of this Act, including=97
      (i) 

by providing access = to=20 information, if so requested, in a particular = form;

      (ii) by appointing a = Central Public=20 Information Officer or State Public Information Officer, as the = case may=20 be;
      (iii)  by publishing certain = information=20 or categories of information;
      (iv) by making necessary = changes to its=20 practices in relation to the maintenance, management and = destruction of=20 records;
      (v) by enhancing the = provision of=20 training on the right to information for its = officials;
      (vi)  by providing it with = an annual=20 report in compliance with clause (b) of sub-section (1) of section = 4;
    (b) 

require the public = authority to=20 compensate the complainant for any loss or other detriment=20 suffered;

    (c) impose any = of the=20 penalties provided under this Act;
    (d) reject the = application.
  (9)   The = Central Information=20 Commission or State Information Commission, as the case may be, = shall give=20 notice of its decision, including any right of appeal, to the = complainant=20 and the public authority.
  (10)   The = Central Information=20 Commission or State Information Commission, as the case may be, = shall=20 decide the appeal in accordance with such procedure as may be=20 prescribed.
20 (1)   Where the = Central=20 Information Commission or the State Information Commission, as the = case=20 may be, at the time of deciding any complaint or appeal is of the = opinion=20 that the Central Public Information Officer or the State Public=20 Information Officer, as the case may be, has, without any = reasonable=20 cause, refused to receive an application for information or has = not=20 furnished information within the time specified under sub-section = (1) of=20 section 7 or malafidely denied the request for information or = knowingly=20 given incorrect, incomplete or misleading information or destroyed = information which was the subject of the request or obstructed in = any=20 manner in furnishing the information, it shall impose a penalty of = two=20 hundred and fifty rupees each day till application is received or=20 information is furnished, so however, the total amount of such = penalty=20 shall not exceed twenty-five thousand rupees:
     

Provided that the = Central Public=20 Information Officer or the State Public Information Officer, as = the case=20 may be, shall be given a reasonable opportunity of being heard = before any=20 penalty is imposed on him:

      Provided = further that=20 the burden of proving that he acted reasonably and diligently = shall be on=20 the Central Public Information Officer or the State Public = Information=20 Officer, as the case may be.
  (2)   Where the = Central=20 Information Commission or the State Information Commission, as the = case=20 may be, at the time of deciding any complaint or appeal is of the = opinion=20 that the Central Public Information Officer or the State Public=20 Information Officer, as the case may be, has, without any = reasonable cause=20 and persistently, failed to receive an application for information = or has=20 not furnished information within the time specified under = sub-section (1)=20 of section 7 or malafidely denied the request for information or = knowingly=20 given incorrect, incomplete or misleading information or destroyed = information which was the subject of the request or obstructed in = any=20 manner in furnishing the information, it shall recommend for = disciplinary=20 action against the Central Public Information Officer or the State = Public=20 Information Officer, as the case may be, under the service rules=20 applicable to him.

CHAPTER VI =

Miscellaneous

21     No suit, = prosecution or=20 other legal proceeding shall lie against any person for anything = which is=20 in good faith done or intended to be done under this Act or any = rule made=20 thereunder.
22    

The provisions of = this Act shall=20 have effect notwithstanding anything inconsistent therewith = contained in=20 the Official Secrets Act, 1923, and any other law for the time = being in=20 force or in any instrument having effect by virtue of any law = other than=20 this Act.

23     No court = shall entertain=20 any suit, application or other proceeding in respect of any order = made=20 under this Act and no such order shall be called in question = otherwise=20 than by way of an appeal under this Act.
24 (1)    Nothing contained=20 in this Act shall apply to the intelligence and security = organisations=20 specified in the Second Schedule, being organisations established = by the=20 Central Government or any information furnished by such = organisations to=20 that Government:
     

Provided that the = information=20 pertaining to the allegations of corruption and human rights = violations=20 shall not be excluded under this sub-section: =

      Provided = further that in=20 the case of information sought for is in respect of allegations of = violation of human rights, the information shall only be provided = after=20 the approval of the Central Information Commission, and = notwithstanding=20 anything contained in section 7, such information shall be = provided within=20 forty-five days from the date of the receipt of = request.
  (2)   The = Central Government=20 may, by notification in the Official Gazette, amend the Schedule = by=20 including therein any other intelligence or security organisation=20 established by that Government or omitting therefrom any = organisation=20 already specified therein and on the publication of such = notification,=20 such organisation shall be deemed to be included in or, as the = case may=20 be, omitted from the Schedule.
  (3)   Every = notification=20 issued under sub-section (2) shall be laid before each House of=20 Parliament.
  (4)   Nothing = contained in=20 this Act shall apply to such intelligence and security = organisation being=20 organisations established by the State Government, as that = Government may,=20 from time to time, by notification in the Official Gazette,=20 specify:
      Provided = that the=20 information pertaining to the allegations of corruption and human = rights=20 violations shall not be excluded under this = sub-section:
      Provided = further that in=20 the case of information sought for is in respect of allegations of = violation of human rights, the information shall only be provided = after=20 the approval of the State Information Commission and, = notwithstanding=20 anything contained in section 7, such information shall be = provided within=20 forty-five days from the date of the receipt of = request.
  (5)   Every = notification=20 issued under sub-section (4) shall be laid before the State=20 Legislature.
25 (1)   

The Central = Information=20 Commission or State Information Commission, as the case may be, = shall, as=20 soon as practicable after the end of each year, prepare a report = on the=20 implementation of the provisions of this Act during that year and = forward=20 a copy thereof to the appropriate Government.

  (2)   Each = Ministry or=20 Department shall, in relation to the public authorities within = their=20 jurisdiction, collect and provide such information to the Central=20 Information Commission or State Information Commission, as the = case may=20 be, as is required to prepare the report under this section and = comply=20 with the requirements concerning the furnishing of that = information and=20 keeping of records for the purposes of this = section.
  (3)   

Each report shall = state in=20 respect of the year to which the report = relates,=97

    (a)  the number = of requests=20 made to each public authority;
    (b) the number = of decisions=20 where applicants were not entitled to access to the documents = pursuant to=20 the requests, the provisions of this Act under which these = decisions were=20 made and the number of times such provisions were = invoked;
    (c)

 the number of = appeals=20 referred to the Central Information Commission or State = Information=20 Commission, as the case may be, for review, the nature of the = appeals and=20 the outcome of the appeals;

    (d) particulars of any=20 disciplinary action taken against any officer in respect of the=20 administration of this Act;
    (e) the amount = of charges=20 collected by each public authority under this = Act;
    (f) any facts = which indicate=20 an effort by the public authorities to administer and implement = the spirit=20 and intention of this Act;
    (g)

 recommendations for reform,=20 including recommendations in respect of the particular public = authorities,=20 for the development, improvement, modernisation, reform or = amendment to=20 this Act or other legislation or common law or any other matter = relevant=20 for operationalising the right to access = information.

  (4)    The = Central Government=20 or the State Government, as the case may be, may, as soon as = practicable=20 after the end of each year, cause a copy of the report of the = Central=20 Information Commission or the State Information Commission, as the = case=20 may be, referred to in sub-section (1) to be laid before each = House of=20 Parliament or, as the case may be, before each House of the State=20 Legislature, where there are two Houses, and where there is one = House of=20 the State Legislature before that House.
  (5)    If it = appears to the=20 Central Information Commission or State Information Commission, as = the=20 case may be, that the practice of a public authority in relation = to the=20 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=20 recommendation specifying the steps which ought in its opinion to = be taken=20 for promoting such conformity.
26 (1)  

The appropriate = Government may,=20 to the extent of availability of financial and other=20 resources,=97

    (a) develop = and organise=20 educational programmes to advance the understanding of the public, = in=20 particular of disadvantaged communities as to how to exercise the = rights=20 contemplated under this Act;
    (b) encourage = public=20 authorities to participate in the development and organisation of=20 programmes referred to in clause (a) and to undertake such = programmes=20 themselves;
    (c) promote = timely and=20 effective dissemination of accurate information by public = authorities=20 about their activities; and
    (d)

 train Central = Public=20 Information Officers or State Public Information Officers, as the = case may=20 be, of public authorities and produce relevant training materials = for use=20 by the public authorities themselves.

  (2)    The = appropriate=20 Government shall, within eighteen months from the commencement of = this=20 Act, compile in its official language a guide containing such = information,=20 in an easily comprehensible form and manner, as may reasonably be = required=20 by a person who wishes to exercise any right specified in this=20 Act.
  (3)   The = appropriate=20 Government shall, if necessary, update and publish the guidelines = referred=20 to in sub-section (2) at regular intervals which shall, in = particular and=20 without prejudice to the generality of sub-section (2),=20 include=97
    (a)

 the objects = of this=20 Act;

    (b) the postal = and street=20 address, the phone and fax number and, if available, electronic = mail=20 address of the Central Public Information Officer or State Public=20 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=20 in which request for access to an information shall be made to a = Central=20 Public Information Officer or State Public Information Officer, as = the=20 case may be;
    (d) the = assistance available=20 from and the duties of the Central Public Information Officer or = State=20 Public Information Officer, as the case may be, of a public = authority=20 under this Act;
    (e)

 the = assistance available=20 from the Central Information Commission or State Information = Commission,=20 as the case may be;

    (f) all = remedies in law=20 available regarding an act or failure to act in respect of a right = or duty=20 conferred or imposed by this Act including the manner of filing an = appeal=20 to the Commission;
    (g) the = provisions providing=20 for the voluntary disclosure of categories of records in = accordance with=20 section 4;
    (h) the = notices regarding=20 fees to be paid in relation to requests for access to an = information;=20 and
    (i)

any additional = regulations or=20 circulars made or issued in relation to obtaining access to an = information=20 in accordance with this Act.

  (4)   The = appropriate=20 Government must, if necessary, update and publish the guidelines = at=20 regular intervals.
27 (1)   The = appropriate=20 Government may, by notification in the Official Gazette, make = rules to=20 carry out the provisions of this Act.
  (2)  

In particular, and = without=20 prejudice to the generality of the foregoing power, such rules may = provide=20 for all or any of the following matters, = namely:=97

    (a) the cost = of the medium=20 or print cost price of the materials to be disseminated under = sub-section=20 (4) of section 4;
    (b) the fee = payable under=20 sub-section (1) of section 6;
    (c) the fee = payable under=20 sub-sections (1) and (5) of section 7;
    (d)

 the salaries = and allowances=20 payable to and the terms and conditions of service of the officers = and=20 other employees under sub-section (6) of section 13 and = sub-section (6) of=20 section 16;

    (e) the = procedure to be=20 adopted by the Central Information Commission or State Information = Commission, as the case may be, in deciding the appeals under = sub-section=20 (10) of section 19; and
    (f) any other = matter which=20 is required to be, or may be, prescribed.
28 (1)  

The competent = authority may, by=20 notification in the Official Gazette, make rules to carry out the=20 provisions of this Act.

  (2)   In = particular, and=20 without prejudice to the generality of the foregoing power, such = rules may=20 provide for all or any of the following matters, = namely:=97
    (i) the cost = of the medium=20 or print cost price of the materials to be disseminated under = sub-section=20 (4) of section 4;
    (ii) the fee = payable under=20 sub-section (1) of section 6;
    (iii) the fee = payable under=20 sub-section (1) of section 7; and
    (iv) any other = matter which=20 is required to be, or may be, prescribed.
29 (1)  

Every rule made by = the Central=20 Government under this Act shall be laid, as soon as may be after = it is=20 made, before each House of Parliament, while it is in session, for = a total=20 period of thirty days which may be comprised in one session or in = two or=20 more successive sessions, and if, before the expiry of the session = immediately following the session or the successive sessions = aforesaid,=20 both Houses agree in making any modification in the rule or both = Houses=20 agree that the rule should not be made, the rule shall thereafter = have=20 effect only in such modified form or be of no effect, as the case = may be;=20 so, however, that any such modification or annulment shall be = without=20 prejudice to the validity of anything previously done under that=20 rule.

  (2)   Every rule = made under=20 this Act by a State Government shall be laid, as soon as may be = after it=20 is notified, before the State Legislature.
30  (1)  

If any difficulty = arises in=20 giving effect to the provisions of this Act, the Central = Government may,=20 by order published in the Official Gazette, make such provisions = not=20 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=20 order shall be made after the expiry of a period of two years from = the=20 date of the commencement of this Act.
  (2)   Every = order made under=20 this section shall, as soon as may be after it is made, be laid = before=20 each House of Parliament.
31     The = Freedom of=20 Information Act, 2002 is hereby repealed.
THE FIRST=20 SCHEDULE=20

[See sections = 13(3) and 16(3)]

     

Form of oath or = affirmation=20 to be made by the Chief Information Commissioner/the Information=20 Commissioner/the State Chief Information Commissioner/the State=20 Information Commissioner

"I,=20 ....................., having been appointed Chief Information=20 Commissioner/Information Commissioner/State Chief Information=20 Commissioner/State Information Commissioner 
swear in = the name=20 of God
solemnly affirm 
that I will bear true faith = and=20 allegiance to the Constitution of India as by law established, = that I will=20 uphold the sovereignty and integrity of India, that I will duly = and=20 faithfully and to the best of my ability, knowledge and judgment = perform=20 the duties of my office without fear or favour, affection or = ill-will and=20 that I will uphold the Constitution and the = laws.".

THE SECOND=20 SCHEDULE=20

(See section=20 24)

     

Intelligence = and security=20 organisation established by the Central Government =

    1. Intelligence=20 Bureau.
    2. Research and Analysis=20 Wing of the Cabinet Secretariat.
    3. Directorate of=20 Revenue Intelligence.
    4. Central = Economic=20 Intelligence Bureau.
    5. Directorate of=20 Enforcement.
    6. Narcotics Control=20 Bureau.
    7.

Aviation = Research=20 Centre.

    8.  Special = Frontier=20 Force.
    9.  Border = Security=20 Force.
    10. Central = Reserve=20 Police Force.
    11. Indo-Tibetan Border=20 Police.
    12. Central = Industrial=20 Security Force.
    13. National Security=20 Guards.
    14. Assam=20 Rifles.
    15. Special = Service=20 Bureau.
    16.

Special Branch = (CID), Andaman=20 and Nicobar.

    17. The = Crime=20 Branch-C.I.D.- CB, Dadra and Nagar Haveli.
    18. Special = Branch,=20 Lakshadweep Police.