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THE RIGHT TO INFORMATION ACT,
2005
No. 22 of 2005
Download
Printable version of RTI act 2005
Right To Information notification
Designated
/ Appointed Officers of UHBVN under RTI Act.
[15th June, 2005]
An Act to provide for
setting out the practical regime of right to information for citizens
to secure access to information under the control of public
authorities, in order to promote transparency and accountability in
the working of every public authority, the constitution of a Central
Information Commission and State Information Commissions and for
matters connected therewith or incidental thereto.
Whereas the Constitution of India
has established democratic Republic;
And whereas democracy requires an
informed citizenry and transparency of information which are vital to its
functioning and also to contain corruption and to hold Governments and
their instrumentalities accountable to the governed;
And whereas revelation of
information in actual practice is likely to conflict with other public
interests including efficient operations of the Governments, optimum use
of limited fiscal resources and the preservation of confidentiality of
sensitive information;
And whereas it is necessary to
harmonise these conflicting interests while preserving the paramountcy of
the democratic ideal;
Now, therefore, it is expedient
to provide for furnishing certain information to citizens who desire to
have it.
Be it enacted by Parliament in
the Fifty-sixth Year of the Republic of India as follows:—
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CHAPTER I
Preliminary |
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(1) |
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This Act may be called
the Right to Information Act, 2005. |
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(2) |
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It extends to the whole
of India except the State of Jammu and Kashmir. |
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(3) |
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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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In this Act, unless the
context otherwise requires,— |
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(a) |
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"appropriate Government"
means in relation to a public authority which is established, constituted,
owned, controlled or substantially financed by funds provided directly or
indirectly— |
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(i) |
by the Central
Government or the Union territory administration, the Central
Government; |
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(ii) |
by the State Government,
the State Government; |
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(b) |
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"Central Information
Commission" means the Central Information Commission constituted under
sub-section (1) of section 12; |
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(c) |
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"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; |
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(d) |
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"Chief Information
Commissioner" and "Information Commissioner" mean the Chief Information
Commissioner and Information Commissioner appointed under sub-section
(3) of section 12; |
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(e) |
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"competent authority"
means— |
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(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; |
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(ii) |
the Chief Justice of
India in the case of the Supreme Court; |
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(iii) |
the Chief Justice of the
High Court in the case of a High Court; |
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(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; |
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(v) |
the administrator
appointed under article 239 of the Constitution; |
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(f) |
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"information" means any
material in any form, including records, documents, memos, e-mails,
opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic
form and information relating to any private body which can be accessed by
a public authority under any other law for the time being in
force; |
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(g) |
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"prescribed" means
prescribed by rules made under this Act by the appropriate Government or
the competent authority, as the case may be; |
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(h) |
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"public authority" means
any authority or body or institution of self- government established or
constituted— |
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(a) |
by or under the
Constitution; |
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(b) |
by any other law made by
Parliament; |
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(c) |
by any other law made by
State Legislature; |
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(d) |
by notification issued or order
made by the appropriate Government, and includes any— |
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(i) |
body owned, controlled or
substantially financed; |
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(ii) |
non-Government organization
substantially financed, directly or indirectly by funds provided by the
appropriate Government; |
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(i) |
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"record"
includes— |
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(a) |
any document, manuscript
and file; |
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(b) |
any microfilm,
microfiche and facsimile copy of a document; |
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(c) |
any reproduction of
image or images embodied in such microfilm (whether enlarged or not);
and |
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(d) |
any other material
produced by a computer or any other device; |
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(j) |
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"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— |
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(i) |
inspection of work,
documents, records; |
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(ii) |
taking notes, extracts
or certified copies of documents or records; |
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(iii) |
taking certified samples
of material; |
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(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; |
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(k) |
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"State Information
Commission" means the State Information Commission constituted under
sub-section (1) of section 15; |
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(l) |
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"State Chief
Information Commissioner" and "State Information Commissioner" mean the
State Chief Information Commissioner and the State Information
Commissioner appointed under sub-section (3) of section
15; |
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(m) |
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"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; |
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(n) |
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"third party" means a
person other than the citizen making a request for information and
includes a public authority. |
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CHAPTER II
Right to information and
obligations of public authorities |
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Subject to the
provisions of this Act, all citizens shall have the right to
information. |
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(1) |
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Every public authority
shall— |
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(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; |
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(b) |
publish within one
hundred and twenty days from the enactment of this Act,— |
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(i) |
the particulars of its
organisation, functions and duties; |
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(ii) |
the powers and duties of
its officers and employees; |
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(iii) |
the procedure followed in the
decision making process, including channels of supervision and
accountability; |
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(iv) |
the norms set by it for the
discharge of its functions; |
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(v) |
the rules, regulations,
instructions, manuals and records, held by it or under its control or used
by its employees for discharging its functions; |
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(vi) |
a statement of the categories of
documents that are held by it or under its control; |
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(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; |
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(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; |
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(ix) |
a directory of its officers and
employees; |
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(x) |
the monthly remuneration received
by each of its officers and employees, including the system of
compensation as provided in its regulations; |
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(xi) |
the budget allocated to
each of its agency, indicating the particulars of all plans, proposed
expenditures and reports on disbursements made; |
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(xii) |
the manner of execution of
subsidy programmes, including the amounts allocated and the details of
beneficiaries of such programmes; |
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(xiii) |
particulars of recipients of
concessions, permits or authorisations granted by it; |
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(xiv) |
details in respect of the
information, available to or held by it, reduced in an electronic
form; |
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(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; |
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(xvi) |
the names, designations and other
particulars of the Public Information Officers; |
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(xvii) |
such other information as may be
prescribed and thereafter update these publications every
year; |
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(c) |
publish all relevant facts
while formulating important policies or announcing the decisions which
affect public; |
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(d) |
provide reasons for its
administrative or quasi-judicial decisions to affected
persons. |
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(2) |
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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. |
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(3) |
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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. |
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(4) |
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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. |
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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. |
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(1) |
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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. |
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(2) |
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Without prejudice to the
provisions of sub-section (1), every public authority shall designate an
officer, within one hundred days of the enactment of this Act, at each
sub-divisional level or other sub-district level as a Central Assistant
Public Information Officer or a State Assistant Public Information
Officer, as the case may be, to receive the applications for information
or appeals under this Act for forwarding the same forthwith to the Central
Public Information Officer or the State Public Information Officer or
senior officer specified under sub-section (1) of section 19 or the
Central Information Commission or the State Information Commission, as the
case may be:
Provided that where an application for
information or appeal is given to a Central Assistant Public Information
Officer or a State Assistant Public Information Officer, as the case may
be, a period of five days shall be added in computing the period for
response specified under sub-section (1) of section 7. |
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(3) |
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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. |
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(4) |
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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. |
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(5) |
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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. |
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(1) |
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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— |
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(a) |
the Central Public
Information Officer or State Public Information Officer, as the case may
be, of the concerned public authority; |
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(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. |
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(2) |
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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. |
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(3) |
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Where an application is
made to a public authority requesting for an information,— |
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(i) |
which is held by another
public authority; or |
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(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. |
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(1) |
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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.
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(2) |
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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. |
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(3) |
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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— |
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(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; |
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(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. |
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(4) |
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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. |
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(5) |
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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. |
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(6) |
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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). |
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(7) |
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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. |
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(8) |
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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,— |
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(i) |
the reasons for such
rejection; |
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(ii) |
the period within which
an appeal against such rejection may be preferred; and |
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(iii) |
the particulars of the
appellate authority. |
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(9) |
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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. |
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(1) |
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Notwithstanding anything
contained in this Act, there shall be no obligation to give any
citizen,— |
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(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; |
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(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; |
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(c) |
information, the
disclosure of which would cause a breach of privilege of Parliament or the
State Legislature; |
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(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; |
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(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; |
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(f) |
information received in
confidence from foreign Government; |
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(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; |
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(h) |
information which would
impede the process of investigation or apprehension or prosecution of
offenders; |
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(i) |
cabinet papers including
records of deliberations of the Council of Ministers, Secretaries and
other officers: |
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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; |
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(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: |
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Provided that the
information which cannot be denied to the Parliament or a State
Legislature shall not be denied to any person. |
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(2) |
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Notwithstanding anything in the
Official Secrets Act, 1923 nor any of the exemptions permissible in
accordance with sub-section (1), a public authority may allow access to
information, if public interest in disclosure outweighs the harm to the
protected interests. |
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(3) |
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Subject to the
provisions of clauses (a), (c) and (i) of sub-section (1), any information
relating to any occurrence, event or matter which has taken place,
occurred or happened twenty years before the date on which any request is
made under secton 6 shall be provided to any person making a request under
that section: |
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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. |
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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. |
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(1) |
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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. |
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(2) |
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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— |
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(a) |
that only part of the
record requested, after severance of the record containing information
which is exempt from disclosure, is being provided; |
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(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; |
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(c) |
the name and designation
of the person giving the decision; |
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(d) |
the details of the fees
calculated by him or her and the amount of fee which the applicant is
required to deposit; and |
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(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. |
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(1) |
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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. |
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(2) |
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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. |
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(3) |
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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. |
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(4) |
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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. |
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CHAPTER III
The Central Information
Commission |
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(1) |
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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. |
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(2) |
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The Central Information
Commission shall consist of— |
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(a) |
the Chief Information
Commissioner; and |
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(b) |
such number of Central
Information Commissioners, not exceeding ten, as may be deemed
necessary. |
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(3) |
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The Chief Information
Commissioner and Information Commissioners shall be appointed by the
President on the recommendation of a committee consisting
of— |
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(i) |
the Prime Minister, who
shall be the Chairperson of the committee; |
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(ii) |
the Leader of Opposition
in the Lok Sabha; and |
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(iii) |
a Union Cabinet Minister
to be nominated by the Prime Minister. |
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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. |
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(4) |
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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. |
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(5) |
|
The Chief Information
Commissioner and Information Commissioners shall be persons of eminence in
public life with wide knowledge and experience in law, science and
technology, social service, management, journalism, mass media or
administration and governance. |
| |
(6) |
|
The Chief Information
Commissioner or an Information Commissioner shall not be a Member of
Parliament or Member of the Legislature of any State or Union territory,
as the case may be, or hold any other office of profit or connected with
any political party or carrying on any business or pursuing any
profession. |
| |
(7) |
|
The headquarters of the
Central Information Commission shall be at Delhi and the Central
Information Commission may, with the previous approval of the Central
Government, establish offices at other places in India. |
| 13 |
(1) |
|
The Chief Information
Commissioner shall hold office for a term of five years from the date on
which he enters upon his office and shall not be eligible for
reappointment:
Provided that no Chief
Information Commissioner shall hold office as such after he has attained
the age of sixty-five years. |
| |
(2) |
|
Every Information Commissioner
shall hold office for a term of five years from the date on which he
enters upon his office or till he attains the age of sixty-five years,
whichever is earlier, and shall not be eligible for reappointment as such
Information Commissioner:
Provided that every Information
Commissioner shall, on vacating his office under this sub-section be
eligible for appointment as the Chief Information Commissioner in the
manner specified in sub-section (3) of section 12:
Provided further that where the
Information Commissioner is appointed as the Chief Information
Commissioner, his term of office shall not be more than five years in
aggregate as the Information Commissioner and the Chief Information
Commissioner. |
| |
(3) |
|
The Chief Information
Commissioner or an Information Commissioner shall before he enters upon
his office make and subscribe before the President or some other person
appointed by him in that behalf, an oath or affirmation according to the
form set out for the purpose in the First Schedule. |
| |
(4) |
|
The Chief Information
Commissioner or an Information Commissioner may, at any time, by writing
under his hand addressed to the President, resign from his office:
Provided that the Chief Information
Commissioner or an Information Commissioner may be removed in the manner
specified under section 14. |
| |
(5) |
|
The salaries and
allowances payable to and other terms and conditions of service of
— |
| |
|
(a) |
the Chief Information
Commissioner shall be the same as that of the Chief Election
Commissioner; |
| |
|
(b) |
an Information
Commissioner shall be the same as that of an Election
Commissioner: |
| |
|
|
Provided that if the
Chief Information Commissioner or an Information Commissioner, at the time
of his appointment is, in receipt of a pension, other than a disability or
wound pension, in respect of any previous service under the Government of
India or under the Government of a State, his salary in respect of the
service as the Chief Information Commissioner or an Information
Commissioner shall be reduced by the amount of that pension including any
portion of pension which was commuted and pension equivalent of other
forms of retirement benefits excluding pension equivalent of retirement
gratuity: |
| |
|
|
Provided further that if
the Chief Information Commissioner or an Information Commissioner if, at
the time of his appointment is, in receipt of retirement benefits in
respect of any previous service rendered in a Corporation established by
or under any Central Act or State Act or a Government company owned or
controlled by the Central Government or the State Government, his salary
in respect of the service as the Chief Information Commissioner or an
Information Commissioner shall be reduced by the amount of pension
equivalent to the retirement benefits: |
| |
|
|
Provided also that the
salaries, allowances and other conditions of service of the Chief
Information Commissioner and the Information Commissioners shall not be
varied to their disadvantage after their appointment. |
| |
(6) |
|
The Central Government
shall provide the Chief Information Commissioner and the Information
Commissioners with such officers and employees as may be necessary for the
efficient performance of their functions under this Act, and the salaries
and allowances payable to and the terms and conditions of service of the
officers and other employees appointed for the purpose of this Act shall
be such as may be prescribed. |
| 14 |
(1) |
|
Subject to the
provisions of sub-section (3), the Chief Information Commissioner or any
Information Commissioner shall be removed from his office only by order of
the President on the ground of proved misbehaviour or incapacity after the
Supreme Court, on a reference made to it by the President, has, on
inquiry, reported that the Chief Information Commissioner or any
Information Commissioner, as the case may be, ought on such ground be
removed. |
| |
(2) |
|
The President may
suspend from office, and if deem necessary prohibit also from attending
the office during inquiry, the Chief Information Commissioner or
Information Commissioner in respect of whom a reference has been made to
the Supreme Court under sub-section (1) until the President has passed
orders on receipt of the report of the Supreme Court on such
reference. |
| |
(3) |
|
Notwithstanding anything
contained in sub-section (1), the President may by order remove from
office the Chief Information Commissioner or any Information Commissioner
if the Chief Information Commissioner or a Information Commissioner, as
the case may be,— |
| |
|
(a) |
is adjudged an insolvent;
or |
| |
|
(b) |
has been convicted of an
offence which, in the opinion of the President, involves moral turpitude;
or |
| |
|
(c) |
engages during his term
of office in any paid employment outside the duties of his office;
or |
| |
|
(d) |
is, in the opinion of
the President, unfit to continue in office by reason of infirmity of mind
or body; or |
| |
|
(e) |
has acquired such
financial or other interest as is likely to affect prejudicially his
functions as the Chief Information Commissioner or a Information
Commissioner. |
| |
(4) |
|
If the Chief Information
Commissioner or a Information Commissioner in any way, concerned or
interested in any contract or agreement made by or on behalf of the
Government of India or participates in any way in the profit thereof or in
any benefit or emolument arising there from otherwise than as a member and
in common with the other members of an incorporated company, he shall, for
the purposes of sub-section (1), be deemed to be guilty of
misbehavior. |
|
CHAPTER IV
The State
Information Commission |
| 15 |
(1) |
|
Every State Government
shall, by notification in the Official Gazette, constitute a body to be
known as the ......... (name of the State) Information Commission to
exercise the powers conferred on, and to perform the functions assigned
to, it under this Act. |
| |
(2) |
|
The State Information
Commission shall consist of— |
| |
|
(a) |
the State Chief
Information Commissioner, and |
| |
|
(b) |
such number of State
Information Commissioners, not exceeding ten, as may be deemed
necessary. |
| |
(3) |
|
The State Chief
Information Commissioner and the State Information Commissioners shall be
appointed by the Governor on the recommendation of a committee consisting
of— |
| |
|
(i) |
the Chief Minister, who
shall be the Chairperson of the committee; |
| |
|
(ii) |
the Leader of Opposition
in the Legislative Assembly; and |
| |
|
(iii) |
a Cabinet Ministrer to
be nominated by the Chief Minister. |
| |
|
|
Explanation.—For the
purposes of removal of doubts, it is hereby declared that where the Leader
of Opposition in the Legislative Assembly has not been recognised as such,
the Leader of the single largest group in opposition of the Government in
the Legislative Assembly shall be deemed to be the Leader of
Opposition. |
| |
(4) |
|
The general
superintendence, direction and management of the affairs of the State
Information Commission shall vest in the State Chief Information
Commissioner who shall be assisted by the State Information Commissioners
and may exercise all such powers and do all such acts and things which may
be exercised or done by the State Information Commission autonomously
without being subjected to directions by any other authority under this
Act. |
| |
(5) |
|
The State Chief
Information Commissioner and the State Information Commissioners shall be
persons of eminence in public life with wide knowledge and experience in
law, science and technology, social service, management, journalism, mass
media or administration and governance. |
| |
(6) |
|
The State Chief
Information Commissioner or a State Information Commissioner shall not be
a Member of Parliament or Member of the Legislature of any State or Union
territory, as the case may be, or hold any other office of profit or
connected with any political party or carrying on any business or pursuing
any profession. |
| |
(7) |
|
The headquarters of the
State Information Commission shall be at such place in the State as the
State Government may, by notification in the Official Gazette, specify and
the State Information Commission may, with the previous approval of the
State Government, establish offices at other places in the
State. |
| 16 |
(1) |
|
The State Chief Information
Commissioner shall hold office for a term of five years from the date on
which he enters upon his office and shall not be eligible for
reappointment: |
| |
|
|
Provided that no State
Chief Information Commissioner shall hold office as such after he has
attained the age of sixty-five years. |
| |
(2) |
|
Every State Information
Commissioner shall hold office for a term of five years from the date on
which he enters upon his office or till he attains the age of sixty-five
years, whichever is earlier, and shall not be eligible for reappointment
as such State Information Commissioner: |
| |
|
|
Provided that every
State Information Commissioner shall, on vacating his office under this
sub-section, be eligible for appointment as the State Chief Information
Commissioner in the manner specified in sub-section (3) of section
15: |
| |
|
|
Provided further that
where the State Information Commissioner is appointed as the State Chief
Information Commissioner, his term of office shall not be more than five
years in aggregate as the State Information Commissioner and the State
Chief Information Commissioner. |
| |
(3) |
|
The State Chief
Information Commissioner or a State Information Commissioner, shall before
he enters upon his office make and subscribe before the Governor or some
other person appointed by him in that behalf, an oath or affirmation
according to the form set out for the purpose in the First
Schedule. |
| |
(4) |
|
The State Chief Information
Commissioner or a State Information Commissioner may, at any time, by
writing under his hand addressed to the Governor, resign from his
office: |
| |
|
|
Provided that the State
Chief Information Commissioner or a State Information Commissioner may be
removed in the manner specified under section 17. |
| |
(5) |
|
The salaries and allowances
payable to and other terms and conditions of service of— |
| |
|
(a) |
the State Chief
Information Commissioner shall be the same as that of an Election
Commissioner; |
| |
|
(b) |
the State Information
Commissioner shall be the same as that of the Chief Secretary to the State
Government: |
| |
|
|
Provided that if the
State Chief Information Commissioner or a State Information Commissioner,
at the time of his appointment is, in receipt of a pension, other than a
disability or wound pension, in respect of any previous service under the
Government of India or under the Government of a State, his salary in
respect of the service as the State Chief Information Commissioner or a
State Information Commissioner shall be reduced by the amount of that
pension including any portion of pension which was commuted and pension
equivalent of other forms of retirement benefits excluding pension
equivalent of retirement gratuity: |
| |
|
|
Provided further that
where the State Chief Information Commissioner or a State Information
Commissioner if, at the time of his appointment is, in receipt of
retirement benefits in respect of any previous service rendered in a
Corporation established by or under any Central Act or State Act or a
Government company owned or controlled by the Central Government or the
State Government, his salary in respect of the service as the State Chief
Information Commissioner or the State Information Commissioner shall be
reduced by the amount of pension equivalent to the retirement
benefits: |
| |
|
|
Provided also that the
salaries, allowances and other conditions of service of the State Chief
Information Commissioner and the State Information Commissioners shall not
be varied to their disadvantage after their appointment. |
| |
(6) |
|
The State Government
shall provide the State Chief Information Commissioner and the State
Information Commissioners with such officers and employees as may be
necessary for the efficient performance of their functions under this Act,
and the salaries and allowances payable to and the terms and conditions of
service of the officers and other employees appointed for the purpose of
this Act shall be such as may be prescribed. |
| 17 |
(1) |
|
Subject to the
provisions of sub-section (3), the State Chief Information Commissioner or
a State Information Commissioner shall be removed from his office only by
order of the Governor on the ground of proved misbehaviour or incapacity
after the Supreme Court, on a reference made to it by the Governor, has on
inquiry, reported that the State Chief Information Commissioner or a State
Information Commissioner, as the case may be, ought on such ground be
removed. |
| |
(2) |
|
The Governor may suspend
from office, and if deem necessary prohibit also from attending the office
during inquiry, the State Chief Information Commissioner or a State
Information Commissioner in respect of whom a reference has been made to
the Supreme Court under sub-section (1) until the Governor has passed
orders on receipt of the report of the Supreme Court on such
reference. |
| |
(3) |
|
Notwithstanding anything
contained in sub-section (1), the Governor may by order remove from office
the State Chief Information Commissioner or a State Information
Commissioner if a State Chief Information Commissioner or a State
Information Commissioner, as the case may be,— |
| |
|
|
(a) is adjudged an insolvent;
or |
| |
|
(b) |
has been convicted of an
offence which, in the opinion of the Governor, involves moral turpitude;
or |
| |
|
(c) |
engages during his term
of office in any paid employment outside the duties of his office;
or |
| |
|
(d) |
is, in the opinion of
the Governor, unfit to continue in office by reason of infirmity of mind
or body; or |
| |
|
(e) |
has acquired such
financial or other interest as is likely to affect prejudicially his
functions as the State Chief Information Commissioner or a State
Information Commissioner. |
| |
(4) |
|
If the State Chief
Information Commissioner or a State Information Commissioner in any way,
concerned or interested in any contract or agreement made by or on behalf
of the Government of the State or participates in any way in the profit
thereof or in any benefit or emoluments arising therefrom otherwise than
as a member and in common with the other members of an incorporated
company, he shall, for the purposes of sub-section (1), be deemed to be
guilty of misbehaviour. |
|
CHAPTER V
Powers and
functions of the Information Commissions, appeal and
penalties |
| 18 |
(1) |
|
Subject to the
provisions of this Act, it shall be the duty of the Central Information
Commission or State Information Commission, as the case may be, to receive
and inquire into a complaint from any person,— |
| |
|
(a) |
who has been unable to
submit a request to a Central Public Information Officer or State Public
Information Officer, as the case may be, either by reason that no such
officer has been appointed under this Act, or because the Central
Assistant Public Information Officer or State Assistant Public Information
Officer, as the case may be, has refused to accept his or her application
for information or appeal under this Act for forwarding the same to the
Central Public Information Officer or State Public Information Officer or
senior officer specified in sub-section (1) of section 19 or the Central
Information Commission or the State Information Commission, as the case
may be; |
| |
|
(b) |
who has been refused
access to any information requested under this Act; |
| |
|
(c) |
who has not been given a
response to a request for information or access to information within the
time limit specified under this Act; |
| |
|
(d) |
who has been required to
pay an amount of fee which he or she considers unreasonable; |
| |
|
(e) |
who believes that he or she has
been given incomplete, misleading or false information under this Act;
and |
| |
|
(f) |
in respect of any other
matter relating to requesting or obtaining access to records under this
Act. |
| |
(2) |
|
Where the Central Information
Commission or State Information Commission, as the case may be, is
satisfied that there are reasonable grounds to inquire into the matter, it
may initiate an inquiry in respect thereof. |
| |
(3) |
|
The Central Information
Commission or State Information Commission, as the case may be, shall,
while inquiring into any matter under this section, have the same powers
as are vested in a civil court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters,
namely:— |
| |
|
(a) |
summoning and enforcing the
attendance of persons and compel them to give oral or written evidence on
oath and to produce the documents or things; |
| |
|
(b) |
requiring the discovery
and inspection of documents; |
| |
|
(c) |
receiving evidence on
affidavit; |
| |
|
(d) |
requisitioning any
public record or copies thereof from any court or office; |
| |
|
(e) |
issuing summons for
examination of witnesses or documents; and |
| |
|
(f) |
any other matter which
may be prescribed. |
| |
(4) |
|
Notwithstanding anything
inconsistent contained in any other Act of Parliament or State
Legislature, as the case may be, the Central Information Commission or the
State Information Commission, as the case may be, may, during the inquiry
of any complaint under this Act, examine any record to which this Act
applies which is under the control of the public authority, and no such
record may be withheld from it on any grounds. |
| 19 |
(1) |
|
Any person who, does not
receive a decision within the time specified in sub-section (1) or clause
(a) of sub-section (3) of section 7, or is aggrieved by a decision of the
Central Public Information Officer or State Public Information Officer, as
the case may be, may within thirty days from the expiry of such period or
from the receipt of such a decision prefer an appeal to such officer who
is senior in rank to the Central Public Information Officer or State
Public Information Officer as the case may be, in each public
authority: |
| |
|
|
Provided that such
officer may admit the appeal after the expiry of the period of thirty days
if he or she is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time. |
| |
(2) |
|
Where an appeal is
preferred against an order made by a Central Public Information Officer or
a State Public Information Officer, as the case may be, under section 11
to disclose third party information, the appeal by the concerned third
party shall be made within thirty days from the date of the
order. |
| |
(3) |
|
A second appeal against the
decision under sub-section (1) shall lie within ninety days from the date
on which the decision should have been made or was actually received, with
the Central Information Commission or the State Information
Commission: |
| |
|
|
Provided that the
Central Information Commission or the State Information Commission, as the
case may be, may admit the appeal after the expiry of the period of ninety
days if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time. |
| |
(4) |
|
If the decision of the
Central Public Information Officer or State Public Information Officer, as
the case may be, against which an appeal is preferred relates to
information of a third party, the Central Information Commission or State
Information Commission, as the case may be, shall give a reasonable
opportunity of being heard to that third party. |
| |
(5) |
|
In any appeal
proceedings, the onus to prove that a denial of a request was justified
shall be on the Central Public Information Officer or State Public
Information Officer, as the case may be, who denied the
request. |
| |
(6) |
|
An appeal under
sub-section (1) or sub-section (2) shall be disposed of within thirty days
of the receipt of the appeal or within such extended period not exceeding
a total of forty-five days from the date of filing thereof, as the case
may be, for reasons to be recorded in writing. |
| |
(7) |
|
The decision of the Central
Information Commission or State Information Commission, as the case may
be, shall be binding. |
| |
(8) |
|
In its decision, the
Central Information Commission or State Information Commission, as the
case may be, has the power to— |
| |
|
(a) |
require the public
authority to take any such steps as may be necessary to secure compliance
with the provisions of this Act, including— |
| |
|
|
(i) |
by providing access to
information, if so requested, in a particular form; |
| |
|
|
(ii) |
by appointing a Central Public
Information Officer or State Public Information Officer, as the case may
be; |
| |
|
|
(iii) |
by publishing certain information
or categories of information; |
| |
|
|
(iv) |
by making necessary changes to its
practices in relation to the maintenance, management and destruction of
records; |
| |
|
|
(v) |
by enhancing the provision of
training on the right to information for its officials; |
| |
|
|
(vi) |
by providing it with an annual
report in compliance with clause (b) of sub-section (1) of section
4; |
| |
|
(b) |
require the public authority to
compensate the complainant for any loss or other detriment
suffered; |
| |
|
(c) |
impose any of the
penalties provided under this Act; |
| |
|
(d) |
reject the
application. |
| |
(9) |
|
The Central Information
Commission or State Information Commission, as the case may be, shall give
notice of its decision, including any right of appeal, to the complainant
and the public authority. |
| |
(10) |
|
The Central Information
Commission or State Information Commission, as the case may be, shall
decide the appeal in accordance with such procedure as may be
prescribed. |
| 20 |
(1) |
|
Where the Central
Information Commission or the State Information Commission, as the case
may be, at the time of deciding any complaint or appeal is of the opinion
that the Central Public Information Officer or the State Public
Information Officer, as the case may be, has, without any reasonable
cause, refused to receive an application for information or has not
furnished information within the time specified under sub-section (1) of
section 7 or malafidely denied the request for information or knowingly
given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any
manner in furnishing the information, it shall impose a penalty of two
hundred and fifty rupees each day till application is received or
information is furnished, so however, the total amount of such penalty
shall not exceed twenty-five thousand rupees: |
| |
|
|
Provided that the Central Public
Information Officer or the State Public Information Officer, as the case
may be, shall be given a reasonable opportunity of being heard before any
penalty is imposed on him: |
| |
|
|
Provided further that
the burden of proving that he acted reasonably and diligently shall be on
the Central Public Information Officer or the State Public Information
Officer, as the case may be. |
| |
(2) |
|
Where the Central
Information Commission or the State Information Commission, as the case
may be, at the time of deciding any complaint or appeal is of the opinion
that the Central Public Information Officer or the State Public
Information Officer, as the case may be, has, without any reasonable cause
and persistently, failed to receive an application for information or has
not furnished information within the time specified under sub-section (1)
of section 7 or malafidely denied the request for information or knowingly
given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any
manner in furnishing the information, it shall recommend for disciplinary
action against the Central Public Information Officer or the State Public
Information Officer, as the case may be, under the service rules
applicable to him. |
|
CHAPTER VI
Miscellaneous |
| 21 |
|
|
No suit, prosecution or
other legal proceeding shall lie against any person for anything which is
in good faith done or intended to be done under this Act or any rule made
thereunder. |
| 22 |
|
|
The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in
the Official Secrets Act, 1923, and any other law for the time being in
force or in any instrument having effect by virtue of any law other than
this Act. |
| 23 |
|
|
No court shall entertain
any suit, application or other proceeding in respect of any order made
under this Act and no such order shall be called in question otherwise
than by way of an appeal under this Act. |
| 24 |
(1) |
|
Nothing contained
in this Act shall apply to the intelligence and security organisations
specified in the Second Schedule, being organisations established by the
Central Government or any information furnished by such organisations to
that Government: |
| |
|
|
Provided that the information
pertaining to the allegations of corruption and human rights violations
shall not be excluded under this sub-section: |
| |
|
|
Provided further that in
the case of information sought for is in respect of allegations of
violation of human rights, the information shall only be provided after
the approval of the Central Information Commission, and notwithstanding
anything contained in section 7, such information shall be provided within
forty-five days from the date of the receipt of request. |
| |
(2) |
|
The Central Government
may, by notification in the Official Gazette, amend the Schedule by
including therein any other intelligence or security organisation
established by that Government or omitting therefrom any organisation
already specified therein and on the publication of such notification,
such organisation shall be deemed to be included in or, as the case may
be, omitted from the Schedule. |
| |
(3) |
|
Every notification
issued under sub-section (2) shall be laid before each House of
Parliament. |
| |
(4) |
|
Nothing contained in
this Act shall apply to such intelligence and security organisation being
organisations established by the State Government, as that Government may,
from time to time, by notification in the Official Gazette,
specify: |
| |
|
|
Provided that the
information pertaining to the allegations of corruption and human rights
violations shall not be excluded under this sub-section: |
| |
|
|
Provided further that in
the case of information sought for is in respect of allegations of
violation of human rights, the information shall only be provided after
the approval of the State Information Commission and, notwithstanding
anything contained in section 7, such information shall be provided within
forty-five days from the date of the receipt of request. |
| |
(5) |
|
Every notification
issued under sub-section (4) shall be laid before the State
Legislature. |
| 25 |
(1) |
|
The Central Information
Commission or State Information Commission, as the case may be, shall, as
soon as practicable after the end of each year, prepare a report on the
implementation of the provisions of this Act during that year and forward
a copy thereof to the appropriate Government. |
| |
(2) |
|
Each Ministry or
Department shall, in relation to the public authorities within their
jurisdiction, collect and provide such information to the Central
Information Commission or State Information Commission, as the case may
be, as is required to prepare the report under this section and comply
with the requirements concerning the furnishing of that information and
keeping of records for the purposes of this section. |
| |
(3) |
|
Each report shall state in
respect of the year to which the report relates,— |
| |
|
(a) |
the number of requests
made to each public authority; |
| |
|
(b) |
the number of decisions
where applicants were not entitled to access to the documents pursuant to
the requests, the provisions of this Act under which these decisions were
made and the number of times such provisions were invoked; |
| |
|
(c) |
the number of appeals
referred to the Central Information Commission or State Information
Commission, as the case may be, for review, the nature of the appeals and
the outcome of the appeals; |
| |
|
(d) |
particulars of any
disciplinary action taken against any officer in respect of the
administration of this Act; |
| |
|
(e) |
the amount of charges
collected by each public authority under this Act; |
| |
|
(f) |
any facts which indicate
an effort by the public authorities to administer and implement the spirit
and intention of this Act; |
| |
|
(g) |
recommendations for reform,
including recommendations in respect of the particular public authorities,
for the development, improvement, modernisation, reform or amendment to
this Act or other legislation or common law or any other matter relevant
for operationalising the right to access information. |
| |
(4) |
|
The Central Government
or the State Government, as the case may be, may, as soon as practicable
after the end of each year, cause a copy of the report of the Central
Information Commission or the State Information Commission, as the case
may be, referred to in sub-section (1) to be laid before each House of
Parliament or, as the case may be, before each House of the State
Legislature, where there are two Houses, and where there is one House of
the State Legislature before that House. |
| |
(5) |
|
If it appears to the
Central Information Commission or State Information Commission, as the
case may be, that the practice of a public authority in relation to the
exercise of its functions under this Act does not conform with the
provisions or spirit of this Act, it may give to the authority a
recommendation specifying the steps which ought in its opinion to be taken
for promoting such conformity. |
| 26 |
(1) |
|
The appropriate Government may,
to the extent of availability of financial and other
resources,— |
| |
|
(a) |
develop and organise
educational programmes to advance the understanding of the public, in
particular of disadvantaged communities as to how to exercise the rights
contemplated under this Act; |
| |
|
(b) |
encourage public
authorities to participate in the development and organisation of
programmes referred to in clause (a) and to undertake such programmes
themselves; |
| |
|
(c) |
promote timely and
effective dissemination of accurate information by public authorities
about their activities; and |
| |
|
(d) |
train Central Public
Information Officers or State Public Information Officers, as the case may
be, of public authorities and produce relevant training materials for use
by the public authorities themselves. |
| |
(2) |
|
The appropriate
Government shall, within eighteen months from the commencement of this
Act, compile in its official language a guide containing such information,
in an easily comprehensible form and manner, as may reasonably be required
by a person who wishes to exercise any right specified in this
Act. |
| |
(3) |
|
The appropriate
Government shall, if necessary, update and publish the guidelines referred
to in sub-section (2) at regular intervals which shall, in particular and
without prejudice to the generality of sub-section (2),
include— |
| |
|
(a) |
the objects of this
Act; |
| |
|
(b) |
the postal and street
address, the phone and fax number and, if available, electronic mail
address of the Central Public Information Officer or State Public
Information Officer, as the case may be, of every public authority
appointed under sub-section (1) of section 5; |
| |
|
(c) |
the manner and the form
in which request for access to an information shall be made to a Central
Public Information Officer or State Public Information Officer, as the
case may be; |
| |
|
(d) |
the assistance available
from and the duties of the Central Public Information Officer or State
Public Information Officer, as the case may be, of a public authority
under this Act; |
| |
|
(e) |
the assistance available
from the Central Information Commission or State Information Commission,
as the case may be; |
| |
|
(f) |
all remedies in law
available regarding an act or failure to act in respect of a right or duty
conferred or imposed by this Act including the manner of filing an appeal
to the Commission; |
| |
|
(g) |
the provisions providing
for the voluntary disclosure of categories of records in accordance with
section 4; |
| |
|
(h) |
the notices regarding
fees to be paid in relation to requests for access to an information;
and |
| |
|
(i) |
any additional regulations or
circulars made or issued in relation to obtaining access to an information
in accordance with this Act. |
| |
(4) |
|
The appropriate
Government must, if necessary, update and publish the guidelines at
regular intervals. |
| 27 |
(1) |
|
The appropriate
Government may, by notification in the Official Gazette, make rules to
carry out the provisions of this Act. |
| |
(2) |
|
In particular, and without
prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:— |
| |
|
(a) |
the cost of the medium
or print cost price of the materials to be disseminated under sub-section
(4) of section 4; |
| |
|
(b) |
the fee payable under
sub-section (1) of section 6; |
| |
|
(c) |
the fee payable under
sub-sections (1) and (5) of section 7; |
| |
|
(d) |
the salaries and allowances
payable to and the terms and conditions of service of the officers and
other employees under sub-section (6) of section 13 and sub-section (6) of
section 16; |
| |
|
(e) |
the procedure to be
adopted by the Central Information Commission or State Information
Commission, as the case may be, in deciding the appeals under sub-section
(10) of section 19; and |
| |
|
(f) |
any other matter which
is required to be, or may be, prescribed. |
| 28 |
(1) |
|
The competent authority may, by
notification in the Official Gazette, make rules to carry out the
provisions of this Act. |
| |
(2) |
|
In particular, and
without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:— |
| |
|
(i) |
the cost of the medium
or print cost price of the materials to be disseminated under sub-section
(4) of section 4; |
| |
|
(ii) |
the fee payable under
sub-section (1) of section 6; |
| |
|
(iii) |
the fee payable under
sub-section (1) of section 7; and |
| |
|
(iv) |
any other matter which
is required to be, or may be, prescribed. |
| 29 |
(1) |
|
Every rule made by the Central
Government under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
rule. |
| |
(2) |
|
Every rule made under
this Act by a State Government shall be laid, as soon as may be after it
is notified, before the State Legislature. |
| 30 |
(1) |
|
If any difficulty arises in
giving effect to the provisions of this Act, the Central Government may,
by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removal of the difficulty: |
| |
|
|
Provided that no such
order shall be made after the expiry of a period of two years from the
date of the commencement of this Act. |
| |
(2) |
|
Every order made under
this section shall, as soon as may be after it is made, be laid before
each House of Parliament. |
| 31 |
|
|
The Freedom of
Information Act, 2002 is hereby repealed. |
| THE FIRST
SCHEDULE
[See sections
13(3) and 16(3)] |
| |
|
|
Form of oath or affirmation
to be made by the Chief Information Commissioner/the Information
Commissioner/the State Chief Information Commissioner/the State
Information Commissioner
"I,
....................., having been appointed Chief Information
Commissioner/Information Commissioner/State Chief Information
Commissioner/State Information Commissioner
swear in the name
of God
solemnly affirm
that I will bear true faith and
allegiance to the Constitution of India as by law established, that I will
uphold the sovereignty and integrity of India, that I will duly and
faithfully and to the best of my ability, knowledge and judgment perform
the duties of my office without fear or favour, affection or ill-will and
that I will uphold the Constitution and the laws.". |
|
THE SECOND
SCHEDULE
(See section
24) |
| |
|
|
Intelligence and security
organisation established by the Central Government |
| |
|
1. |
Intelligence
Bureau. |
| |
|
2. |
Research and Analysis
Wing of the Cabinet Secretariat. |
| |
|
3. |
Directorate of
Revenue Intelligence. |
| |
|
4. |
Central Economic
Intelligence Bureau. |
| |
|
5. |
Directorate of
Enforcement. |
| |
|
6. |
Narcotics Control
Bureau. |
| |
|
7. |
Aviation Research
Centre. |
| |
|
8. |
Special Frontier
Force. |
| |
|
9. |
Border Security
Force. |
| |
|
10. |
Central Reserve
Police Force. |
| |
|
11. |
Indo-Tibetan Border
Police. |
| |
|
12. |
Central Industrial
Security Force. |
| |
|
13. |
National Security
Guards. |
| |
|
14. |
Assam
Rifles. |
| |
|
15. |
Special Service
Bureau. |
| |
|
16. |
Special Branch (CID), Andaman
and Nicobar. |
| |
|
17. |
The Crime
Branch-C.I.D.- CB, Dadra and Nagar Haveli. |
| |
|
18. |
Special Branch,
Lakshadweep Police. |