Short Title of the ActShort Title of the Act

The Right to Information Act 2005The Right to Information Act 2005

Official Citation Official Citation

Act No. 22 of 2005Act No. 22 of 2005

Date of Presidential Assent Date of Presidential Assent

15th June, 200515th June, 2005

The RTI BillThe RTI Bill

Objects and ReasonsObjects and Reasons

to make the FOIA 2002 more progressive, to make the FOIA 2002 more progressive, participatory participatory and meaningfuland meaningful

to establish an to establish an appellate machineryappellate machinery with with investigating powers to review decisions of the investigating powers to review decisions of the

public information officerspublic information officers

● penalpenal provisions for failure to provide provisions for failure to provide information, as per lawinformation, as per law

● Provisions to ensure Provisions to ensure maximum disclosuremaximum disclosure and and minimum exemptionsminimum exemptions, consistent with the , consistent with the

constitutional provisions.constitutional provisions.

● effective effective mechanismmechanism for access to information for access to information and disclosure by authoritiesand disclosure by authorities

● to provide effectiveto provide effective framework framework for effectuating for effectuating right to information recognized under Article 19 right to information recognized under Article 19

of the constitution of India.of the constitution of India.

Long TitleLong Title of the Act of the Act

An Act to provide for setting out the An Act to provide for setting out the

practical regimepractical regime of right to information for of right to information for citizens to secure access to information citizens to secure access to information under the control of public authorities, in under the control of public authorities, in

order to promote order to promote transparencytransparency and and accountabilityaccountability in the working of every in the working of every public authority, the constitution of a public authority, the constitution of a

Central Information Commission and State Central Information Commission and State Information Commissions and for matters Information Commissions and for matters connected therewith or incidental thereto.connected therewith or incidental thereto.

Preamble Preamble to the Actto the Act

What does it say ?What does it say ?

● Informed citizenryInformed citizenry and transparency of and transparency of information are vital to the functioning of our information are vital to the functioning of our

democratic republicdemocratic republic● to contain to contain corruptioncorruption

● to hold Government and their instrumentalities to hold Government and their instrumentalities accountableaccountable to the governed. to the governed.

RTIA extends to the whole of IndiaRTIA extends to the whole of India

except the State of Jammu & Kashmirexcept the State of Jammu & Kashmir

key conceptskey concepts

Central Information Commission Central Information Commission Chief Information commissioner Chief Information commissioner

Information commissionerInformation commissioner

State Information CommissionState Information CommissionState Chief Information commissioner State Chief Information commissioner

State Information CommissionerState Information Commissioner s.2s.2

Central Public Information OfficerCentral Public Information OfficerCentral Assistant Public Information Officer Central Assistant Public Information Officer

State Public Information OfficerState Public Information Officer

State Assistant Public Information OfficerState Assistant Public Information Officer s.2s.2

competent authoritycompetent authority means- means-

the the SpeakerSpeaker in the case of the House of the in the case of the House of the People or the Legislative Assembly of a State People or the Legislative Assembly of a State

or a Union territory having such Assemblyor a Union territory having such Assembly and and

the the ChairmanChairman in the case of the Council of States in the case of the Council of States or Legislative Council of a State; or Legislative Council of a State;

s.2 (e) s.2 (e)

……competent authoritycompetent authority

means- means-

the the Chief Justice of IndiaChief Justice of India in the case of the in the case of the Supreme Court;Supreme Court;

the the Chief Justice of the High CourtChief Justice of the High Court in the case of a in the case of a High Court; High Court;

s.2 (e)s.2 (e)

……competent authoritycompetent authority means- means-

the the PresidentPresident or the or the GovernorGovernor, as the case may , as the case may be, in the case of other authorities established or be, in the case of other authorities established or

constituted by or under the Constitution; constituted by or under the Constitution;

the the administratoradministrator appointed under article 239 of appointed under article 239 of the Constitution;the Constitution;

s.2 (e)s.2 (e)

public authoritypublic authority

means- means-

any any authorityauthority or or bodybody or or institution of self- institution of self- governmentgovernment established or constituted- established or constituted-

(a)(a) by or under the by or under the ConstitutionConstitution; ;

(b)(b) by any other by any other lawlaw made by Parliament; made by Parliament;

(c)(c) by any other by any other lawlaw made by State Legislature; made by State Legislature;

s.2 (h)s.2 (h)

……public authoritypublic authority

means-means-

any authority or body or institution of self- any authority or body or institution of self- government established or constituted-government established or constituted-

(d) by (d) by notificationnotification issued or issued or orderorder

made by the appropriate Government,made by the appropriate Government,

s.2 (h)s.2 (h)

……and includes any- and includes any-

(i)(i) bodybody owned, controlled or owned, controlled or substantially financed; substantially financed;

(ii) (ii) non-Government organisationnon-Government organisation substantially financed, directly or substantially financed, directly or

indirectly by funds provided by the indirectly by funds provided by the appropriate Government;appropriate Government;

s.2 (h)s.2 (h)

informationinformation means- means-

any material in any form, any material in any form, including including

● records records ● documentsdocuments● memosmemos● e-mailse-mails● opinionsopinions● advices advices ● press releases s.2(f) press releases s.2(f)

……informationinformation means- means-

● circulars circulars ● orders orders ● logbookslogbooks● contractscontracts● reports reports ● papers papers ● samples samples ● ModelsModels● data material held in any electronic form data material held in any electronic form s.2(f) s.2(f)

……informationinformation

means-means-

information relating to any information relating to any private bodyprivate body

which can be accessed by a public authority which can be accessed by a public authority

under any other law for the time being in force;under any other law for the time being in force;

s.2(f) s.2(f)

recordrecord

includes- includes-

(a) any document, manuscript and file; (a) any document, manuscript and file;

(b) any microfilm, microfiche and facsimile copy (b) any microfilm, microfiche and facsimile copy of a document;of a document;

s.2(i) s.2(i)

……recordrecord

includes- includes-

(c) any reproduction of image or images (c) any reproduction of image or images embodied in such microfilm (whether enlarged or embodied in such microfilm (whether enlarged or

not) not)

(d) any other material produced by a (d) any other material produced by a computercomputer or any other device; or any other device; s.2(i) s.2(i)

right to informationright to information

means-means-

the right to information the right to information

accessible under this Actaccessible under this Act

which is which is heldheld by or by or

under the under the control control

of any public authority …of any public authority …

s.2(j) s.2(j)

……right to informationright to information

includes the right to- includes the right to-

i.i. inspectioninspection of work, of work,

documents, records; documents, records;

ii.ii. takingtaking notes, extracts or certified copies of notes, extracts or certified copies of documents or records; documents or records;

s.2(j) s.2(j)

……right to informationright to information

includes the right to-includes the right to-

iii.iii. taking certified taking certified

samplessamples of material; of material;

s.2(j) s.2(j)

……right to informationright to information includes the right to-includes the right to-

iv.iv. obtaining informationobtaining information in the in the formform of of

diskettes, diskettes, floppies, floppies,

tapes, video cassettes or tapes, video cassettes or in any other in any other electronic modeelectronic mode or or

through through printoutsprintouts where such information is stored in a computerwhere such information is stored in a computer

or in any other device;or in any other device; s.2(j) s.2(j)

third partythird party

means means

a a personperson other than the citizen other than the citizen

making a request for information making a request for information

and and

includes a includes a public authoritypublic authority..

s.2(n) s.2(n)

Right to informationRight to information

Subject to the provisions of this Act, Subject to the provisions of this Act,

all all citizenscitizens

shall have shall have

the right to information. the right to information.

s.3s.3

Obligations of public authorities Obligations of public authorities --

Every public authority shall Every public authority shall

maintain all its records maintain all its records

duly duly cataloguedcatalogued and and indexedindexed

in a manner and the form in a manner and the form

which facilitates which facilitates

the right to information under this Act …the right to information under this Act …

s.4(1) (a) s.4(1) (a)

……obligations of public authorities obligations of public authorities --

……and ensure that all records and ensure that all records that are appropriate that are appropriate

to be computerised are, to be computerised are, within a reasonable time within a reasonable time

and subject to availability of resources, and subject to availability of resources, computerisedcomputerised and and

connected through a connected through a networknetwork all over the country on different systems all over the country on different systems

so that access to such records is facilitated; so that access to such records is facilitated; s.4(1) (a) s.4(1) (a)

……obligations of public authorities obligations of public authorities ––

Every public authority shallEvery public authority shall

publish within one hundred and twenty days publish within one hundred and twenty days from the enactment of this Act-from the enactment of this Act-

(i) the (i) the particularsparticulars of its organisation, of its organisation,

functionsfunctions and and

dutiesduties

s.4(1) (b) s.4(1) (b)

(ii) the (ii) the powerspowers and and

dutiesduties of of

its officers and its officers and

employees employees

(iii) the procedure followed (iii) the procedure followed

in the in the decision makingdecision making process, process,

including channels of including channels of supervisionsupervision

and and accountabilityaccountability

(iv) the (iv) the normsnorms set by it for the discharge of its set by it for the discharge of its

functions functions

(v) the rules, (v) the rules,

regulations, regulations,

instructions, instructions,

manualsmanuals and records, and records,

held by it or under its control held by it or under its control

or used by its employees or used by its employees

for discharging its functions for discharging its functions

(vi) a (vi) a statementstatement of the categories of of the categories of

documents that are documents that are

held by it or held by it or

under its controlunder its control

(vii) the particulars of any arrangement that exists (vii) the particulars of any arrangement that exists

for for consultationconsultation with, or with, or representationrepresentation by, the by, the

members of the members of the publicpublic in relation to the in relation to the

formulationformulation of its of its policypolicy or or implementationimplementation

thereof. thereof.

(viii) a statement of the (viii) a statement of the boards, councils, boards, councils, committeescommittees and other bodies consisting of two and other bodies consisting of two

or more persons constituted as its part or for the or more persons constituted as its part or for the purpose of its advice, purpose of its advice,

and as to whether and as to whether meetingsmeetings of those boards, of those boards, councils, committees and other bodies are councils, committees and other bodies are openopen

to the public, to the public,

or the or the minutesminutes of such meetings are accessible for of such meetings are accessible for public. public.

(ix) a (ix) a directorydirectory of its officers and employees; of its officers and employees;

(x) the monthly (x) the monthly remunerationremuneration received by each of received by each of its officers and employees,its officers and employees,

including the system of compensation as provided including the system of compensation as provided in its regulations. in its regulations.

(xi) the (xi) the budgetbudget allocated to each of its agency, allocated to each of its agency,

indicating the particulars of all plans,indicating the particulars of all plans,

proposed expendituresproposed expenditures and and

reports reports

on on disbursementsdisbursements made; made;

(xii) the manner of execution of (xii) the manner of execution of subsidysubsidy

programmes,programmes,

including the including the amountsamounts allocated allocated

and the details of and the details of beneficiariesbeneficiaries

of such programmes; of such programmes;

(xiii) particulars of (xiii) particulars of recipientsrecipients of concessions, of concessions, permits orpermits or

authorisations granted by it; authorisations granted by it;

(xiv) details in respect of the information,(xiv) details in respect of the information,

available to or held by it,available to or held by it,

reduced in an reduced in an electronic formelectronic form; ;

(xv) the particulars of facilities (xv) the particulars of facilities

available to citizens available to citizens

for obtaining information,for obtaining information,

including the working hours of a library including the working hours of a library

or or reading roomreading room, ,

if maintained for public use; if maintained for public use;

(xvi) the names, designations and other particulars (xvi) the names, designations and other particulars

of the of the Public Information OfficersPublic Information Officers;;

(xvii) such other information as may be (xvii) such other information as may be prescribed; prescribed;

and thereafter and thereafter updateupdate these publications every these publications every

year; year;

Obligations of public authorities Obligations of public authorities -- every public authority shall every public authority shall

publish all relevant facts while publish all relevant facts while

formulatingformulating important important policiespolicies

or or announcingannouncing the the decisionsdecisions

which affect public.which affect public. s.4(1)(c) s.4(1)(c)

Obligations of public authorities Obligations of public authorities -- every public authority shall every public authority shall

provide reasons provide reasons

for its for its administrativeadministrative or or

quasi-judicialquasi-judicial

decisionsdecisions

to affected persons.to affected persons. s.4(1)(d) s.4(1)(d)

It shall be a constant endeavor of every public It shall be a constant endeavor of every public authority to take steps in accordance with the authority to take steps in accordance with the requirements of s.4(1)(b) to provide as much requirements of s.4(1)(b) to provide as much

information information suo motusuo motu to the public to the public

at regular intervalsat regular intervals

through various means of communications, through various means of communications, including internet, so that the public have including internet, so that the public have

minimum resortminimum resort to the use of this Act to obtain to the use of this Act to obtain information.information. s.4(2) s.4(2)

every information shall be every information shall be disseminated disseminated

widely and in such form and manner which widely and in such form and manner which

is is easily accessibleeasily accessible to the public. to the public.

s.4(s.4(3)3)

All materials shall be disseminated taking into All materials shall be disseminated taking into consideration the consideration the cost cost effectiveness, local effectiveness, local languagelanguage and the most and the most effectiveeffective method of method of communication in that local area and the communication in that local area and the

information should be easily accessible, to the information should be easily accessible, to the extent possible in extent possible in electronic formatelectronic format with the with the

Central Public Information Officer or State Public Central Public Information Officer or State Public Information Officer, as the case may be, Information Officer, as the case may be,

available available freefree or at such or at such costcost of the medium or of the medium or the print cost price as may be prescribed.the print cost price as may be prescribed.

s.4(4) s.4(4)

disseminated disseminated means means

making known ormaking known or

communicated the information to the public communicated the information to the public through through

notice boards, newspapers, public notice boards, newspapers, public announcements, media broadcasts, the internet announcements, media broadcasts, the internet

or any other means,or any other means,

including including inspectioninspection of offices of any public of offices of any public authority.authority.

s.4 s.4

Designation of Public Information OfficersDesignation of Public Information Officers

Every public authority shall,Every public authority shall,

within one hundred days of the enactment of this within one hundred days of the enactment of this Act, Act, designatedesignate as many officers as the as many officers as the

Central/State Central/State Public Information OfficersPublic Information Officers (PIO) (PIO)

in all in all administrative unitsadministrative units or or officesoffices under it as may under it as may be necessary to provide information to persons be necessary to provide information to persons

requesting for the information under this Act. requesting for the information under this Act. s.5(1). s.5(1).

Designation of Assistant Public Information Designation of Assistant Public Information OfficersOfficers

every public authority shall designate an officer, within every public authority shall designate an officer, within one hundred days of the enactment of this Act, at one hundred days of the enactment of this Act, at each each sub-divisional levelsub-divisional level or other or other sub-districtsub-district level level

as a Central/State Assistant Public Information as a Central/State Assistant Public Information OfficerOfficer

to to receivereceive the the applicationsapplications for information or for information or appealsappeals under this Act for forwarding the same forthwith to under this Act for forwarding the same forthwith to

the Central/State Public Information Officer or the Central/State Public Information Officer or

senior officer specified under s.19(1) or senior officer specified under s.19(1) or

the Central/State Information Commission :the Central/State Information Commission :

s.5(2)s.5(2)

Every PIO shall deal with requests from persons Every PIO shall deal with requests from persons seeking information and render reasonable seeking information and render reasonable

assistanceassistance to the persons seeking such to the persons seeking such information. s.5(3) information. s.5(3)

The PIO may seek the assistance of any The PIO may seek the assistance of any other other officerofficer as he or she considers it necessary for as he or she considers it necessary for

the proper discharge of his or her duties. s.5(4) the proper discharge of his or her duties. s.5(4)

Any officer, Any officer,

whose assistance has been sought under sub-whose assistance has been sought under sub-section (4), shall render all assistance to the PIO section (4), shall render all assistance to the PIO

seeking his or her assistance seeking his or her assistance

and for the purposes of any contravention of the and for the purposes of any contravention of the provisions of this Act, such other officer shall be provisions of this Act, such other officer shall be

treated as a PIOtreated as a PIO . s.5(5) . s.5(5)

Request for obtaining informationRequest for obtaining information

A person, who desires to obtain any A person, who desires to obtain any information under this Act,information under this Act,

shall make a request in shall make a request in writing writing oror

throughthrough electronic electronic means means

in English or Hindi or in English or Hindi or

in the official language of the area in which the in the official language of the area in which the application is being made,application is being made,

accompanying such accompanying such feefee as may be prescribed, to as may be prescribed, to the PIO or the APIO. s.6(1)the PIO or the APIO. s.6(1)

where such request cannot be made in writing, where such request cannot be made in writing, the PIO shall render all reasonable the PIO shall render all reasonable assistanceassistance to to the person making the request orally to reduce the person making the request orally to reduce

the same in the same in writing.writing.

An applicant shall not be required to An applicant shall not be required to

give any give any reason reason for requesting the information or for requesting the information or any other personal details any other personal details

except those that may be necessary forexcept those that may be necessary for

contactingcontacting him. s.6(2) him. s.6(2)

Where an application is made to a public authority Where an application is made to a public authority requesting for an information,requesting for an information,

(i)(i) which is which is held held by another public authority or by another public authority or

(ii) the subject matter of which is more (ii) the subject matter of which is more closely closely connectedconnected with the functions of another public with the functions of another public

authority …authority …

s.6(2)s.6(2)

……the public authority, to which such application is the public authority, to which such application is made, shall made, shall transfertransfer the application or such part the application or such part of it as may be appropriate to that other public of it as may be appropriate to that other public

authority andauthority and informinform the applicant immediately about such the applicant immediately about such transfer: the transfer shall be made as soon as transfer: the transfer shall be made as soon as practicable but in no case later than practicable but in no case later than five daysfive days

from the date of receipt of the application. from the date of receipt of the application. s.6(2)s.6(2)

Disposal of requestDisposal of request

The PIO on receipt of a request shall, as The PIO on receipt of a request shall, as expeditiouslyexpeditiously as possible, and in any case as possible, and in any case

within within 30 days30 days of the receipt of the request, of the receipt of the request,

either either provide provide the information orthe information or

rejectreject the request for any of the reasons specified the request for any of the reasons specified in sections 8 and 9.in sections 8 and 9.

s.7(1) s.7(1)

where an application for information or appeal is where an application for information or appeal is given to given to APIOAPIO, a period of , a period of five daysfive days shall be shall be added in computing the period for response.added in computing the period for response.

where the information sought for concerns the where the information sought for concerns the life or libertylife or liberty of a person, the same shall be of a person, the same shall be

provided within provided within forty-eight hoursforty-eight hours of the receipt of of the receipt of the request.the request.

Deemed refusalDeemed refusal

If the PIO If the PIO fails to give decisionfails to give decision on the request for on the request for information within the period specified information within the period specified

the PIO shall be deemed to have the PIO shall be deemed to have refusedrefused the the request. request.

s.7(2) s.7(2)

intimationintimation

Where a decision is taken to provide the Where a decision is taken to provide the information on payment of any information on payment of any further feefurther fee

representing the cost of providing the representing the cost of providing the information, the PIO shall send an information, the PIO shall send an intimationintimation

to the requester, giving to the requester, giving

the details of further fees , the the details of further fees , the calculationscalculations, ,

requesting him to deposit that fees... requesting him to deposit that fees...

s.7(3) s.7(3)

… …and information concerning his or her right with and information concerning his or her right with respect to respect to reviewreview the decision as to the the decision as to the

amountamount of fees charged or the of fees charged or the formform of access of access provided, including the particulars of the provided, including the particulars of the

appellate authorityappellate authority, time limit, process and any , time limit, process and any other forms. other forms.

the period the period interveningintervening between the despatch of the between the despatch of the said intimation and payment of fees said intimation and payment of fees

shall be shall be excludedexcluded for the purpose of calculating the for the purpose of calculating the period of thirty days. period of thirty days.

s.7(3) s.7(3)

Where the person to whom access is to be Where the person to whom access is to be provided is provided is sensorily disabledsensorily disabled,,

the PIO shall provide the PIO shall provide assistanceassistance to enable access to enable access to the information, to the information,

including providing such assistance as may be including providing such assistance as may be appropriate for the inspection. s.7(4) appropriate for the inspection. s.7(4)

The applicant shall pay such fee as may be The applicant shall pay such fee as may be prescribed. prescribed.

The fee shall be The fee shall be reasonablereasonable and and

no such fee shall be charged from the persons no such fee shall be charged from the persons who are of who are of below poverty linebelow poverty line. s.7(5) . s.7(5)

The requester shall be provided the information The requester shall be provided the information freefree of charge where a public authority fails to of charge where a public authority fails to comply with the time limits specified. s.7(6) comply with the time limits specified. s.7(6)

Before taking any decision, the PIO shall take into Before taking any decision, the PIO shall take into consideration the representation made by a consideration the representation made by a

third partythird party under section 11. under section 11. s.7(7) s.7(7)

Where a request has been Where a request has been rejectedrejected , the PIO , the PIO shall shall communicatecommunicate to the requester- to the requester-

(i) (i) the the reasonsreasons for such rejection; for such rejection;

(ii) (ii) the the periodperiod within which an within which an appealappeal against such against such

rejection may be preferred; and rejection may be preferred; and

(iii)(iii) the particulars of the the particulars of the appellate authorityappellate authority. s.7(8) . s.7(8)

An information shall ordinarily be provided in the An information shall ordinarily be provided in the formform in which it is sought unless it would in which it is sought unless it would

disproportionately divertdisproportionately divert the resources of the the resources of the public authority or would be detrimental to the public authority or would be detrimental to the

safety or safety or preservation of the recordpreservation of the record in question. in question.

s.7(9) s.7(9)

Exemption from disclosure of informationExemption from disclosure of information There shall be no obligation to give any citizen- There shall be no obligation to give any citizen-

(a)(a) information, disclosure of which would information, disclosure of which would prejudicially affect prejudicially affect

the the sovereigntysovereignty and and integrityintegrity of India, of India,

the the securitysecurity, , strategicstrategic, , scientificscientific or or economiceconomic interests of the State, interests of the State,

relation with relation with foreign Stateforeign State or or

lead to lead to incitementincitement of an offence. s.8 (1)(a) of an offence. s.8 (1)(a)

(b) information which has been expressly (b) information which has been expressly forbidden to be publishedforbidden to be published by any court of law or by any court of law or tribunal or the disclosure of which may constitute tribunal or the disclosure of which may constitute

contempt of courtcontempt of court. .

(c) information, the disclosure of which would (c) information, the disclosure of which would cause a cause a breach of privilegebreach of privilege of Parliament or the of Parliament or the

State Legislature.State Legislature.

(d) information including (d) information including commercial confidencecommercial confidence, , trade secretstrade secrets or or intellectual propertyintellectual property, the , the

disclosure of which would harm the competitive disclosure of which would harm the competitive position of a third party, unless the competent position of a third party, unless the competent authority is satisfied that authority is satisfied that larger public interestlarger public interest warrants the disclosure of such information; warrants the disclosure of such information;

(e) information available to a person in his (e) information available to a person in his fiduciary fiduciary relationshiprelationship, unless the competent authority is , unless the competent authority is satisfied that the larger public interest warrants satisfied that the larger public interest warrants

the disclosure of such informationthe disclosure of such information

(f) information received in confidence from (f) information received in confidence from foreign Governmentforeign Government..

(g) information, the disclosure of which would (g) information, the disclosure of which would endanger the endanger the life or physical safetylife or physical safety of any of any

person or identify the person or identify the source of informationsource of information or or assistance given in confidence for law assistance given in confidence for law

enforcement or security purposes. enforcement or security purposes.

(h) information which would impede the process of (h) information which would impede the process of investigationinvestigation or apprehension or or apprehension or prosecutionprosecution of of

offenders; offenders;

(i) (i) cabinet paperscabinet papers including records of including records of deliberations of the Council of Ministers, deliberations of the Council of Ministers,

Secretaries and other officers: Secretaries and other officers:

But the decisions of Council of Ministers, the But the decisions of Council of Ministers, the reasons thereof, and the material on the basis of reasons thereof, and the material on the basis of

which the decisions were taken shall be made which the decisions were taken shall be made public public after the decisionafter the decision has been taken, and the has been taken, and the

matter is complete, or over. matter is complete, or over.

(j) information which relates to (j) information which relates to personal personal informationinformation the disclosure of which has no the disclosure of which has no

relationship to any public activity or interest, or relationship to any public activity or interest, or which would cause unwarranted invasion of the which would cause unwarranted invasion of the

privacyprivacy of the individual unless the PIO is of the individual unless the PIO is satisfied that the larger public interest justifies satisfied that the larger public interest justifies

the disclosure of such information: the disclosure of such information:

The information The information which cannot be denied to the which cannot be denied to the ParliamentParliament or a State Legislature shall not be or a State Legislature shall not be

denied to any person. denied to any person.

Notwithstanding Notwithstanding

anything in the Official Secrets Act noranything in the Official Secrets Act nor

any of the exemptions permissible in accordance any of the exemptions permissible in accordance with s.8 (1),with s.8 (1),

a public authority may allow access to information, a public authority may allow access to information, if if public interest in disclosurepublic interest in disclosure outweighs the outweighs the

harm to the protected interests.harm to the protected interests.

s.8(2) s.8(2)

Subject to the provisions of clauses (a), (c) and (i) Subject to the provisions of clauses (a), (c) and (i) of s.8(1),any information relating to any of s.8(1),any information relating to any

occurrence, event or matter which has taken occurrence, event or matter which has taken place, occurred or happened place, occurred or happened twenty yearstwenty years

before the date on which any request is made before the date on which any request is made shall be provided to the requester.shall be provided to the requester.

The The decision decision of the Central Government shall be of the Central Government shall be final on final on questionsquestions as to the date from which the as to the date from which the said period of twenty years has to be said period of twenty years has to be computedcomputed, ,

subject to the usual appeals. s.8(3) subject to the usual appeals. s.8(3)

Grounds for rejection to access in certain Grounds for rejection to access in certain casescases

PIO may PIO may rejectreject a request for information where a request for information where such a request for providing access would such a request for providing access would

involve an involve an infringement of copyrightinfringement of copyright subsisting in subsisting in a person other than the State.a person other than the State.

S.9 S.9

SeverabilitySeverability

Access may be provided to a part of the record Access may be provided to a part of the record which does not contain any information which is which does not contain any information which is exempt from disclosure under this Act and which exempt from disclosure under this Act and which

can can reasonably be severedreasonably be severed from any part that from any part that contains exempt information. s.10(1)contains exempt information. s.10(1)

The PIO shall give a The PIO shall give a notice notice to the applicant to the applicant informing reasons, fees, appellate authority informing reasons, fees, appellate authority

details. s.10(2) details. s.10(2)

Third party informationThird party information

(1)(1) Where the PIO intends to disclose any Where the PIO intends to disclose any information, which information, which relatesrelates to or has been to or has been

supplied supplied by a third party and has been treated by a third party and has been treated as as confidentialconfidential by that third party, the PIO shall, by that third party, the PIO shall, within within fivefive days from the receipt of the request, days from the receipt of the request,give a give a written noticewritten notice to such third party and to such third party and invite the third party to make a invite the third party to make a submissionsubmission in in writing or orally, and such submission shall be writing or orally, and such submission shall be

kept in view while taking a decision. kept in view while taking a decision.

s.11 s.11

Except in the case of Except in the case of trade or commercial secretstrade or commercial secrets protected by law, disclosure may be allowed if protected by law, disclosure may be allowed if the the public interestpublic interest in disclosure outweighs in in disclosure outweighs in importance any possible harm or injury to the importance any possible harm or injury to the

interests of such third party. interests of such third party.

the third party shall, within the third party shall, within tenten days from the date days from the date of receipt of such notice, be given the of receipt of such notice, be given the

opportunity to make opportunity to make representationrepresentation against the against the proposed disclosure. proposed disclosure.

The PIO shall, within The PIO shall, within 40 days40 days after receipt of the after receipt of the request, make a decision and give in writing the request, make a decision and give in writing the

notice of his decisionnotice of his decision to the third party. to the third party.

The third party to whom the notice is given is The third party to whom the notice is given is entitled to prefer an entitled to prefer an appealappeal. .

The Central Information CommissionThe Central Information Commission

shall consist of- shall consist of-

(a)(a) the the Chief Information CommissionerChief Information Commissioner; and ; and

(b)(b) such number of such number of

Central Information CommissionersCentral Information Commissioners, not exceeding , not exceeding ten, as may be deemed necessary. ten, as may be deemed necessary.

The headquarters of the Central Information The headquarters of the Central Information Commission shall be at Commission shall be at DelhiDelhi and the Central and the Central

Information Commission may, with the previous Information Commission may, with the previous approval of the Central Government, establish approval of the Central Government, establish

offices at offices at other placesother places in India. in India.

The State Information CommissionThe State Information Commission

shall consist of- shall consist of-

(a)(a) the the StateState Chief Information Chief Information CommissionerCommissioner; and ; and

(b)(b) such number of such number of

State Information CommissionersState Information Commissioners, not , not exceeding ten, as may be deemed exceeding ten, as may be deemed

necessary. necessary.

s.18. s.18. Powers and functions of Information Powers and functions of Information CommissionsCommissions

It shall be the duty of the Information Commission, It shall be the duty of the Information Commission, as the case may be, to receive and as the case may be, to receive and inquireinquire into a into a

complaint from any person…complaint from any person………who has been who has been unable to submitunable to submit a request to a a request to a

PIO, either by reason that no such officer has PIO, either by reason that no such officer has been appointed, orbeen appointed, or

because the APIO has because the APIO has refusedrefused to accept his or to accept his or her application or appeal for forwarding the her application or appeal for forwarding the

same to the PIO or senior officer or the same to the PIO or senior officer or the Information Commission. s.18 (1)(a)Information Commission. s.18 (1)(a)

(b) who has been (b) who has been refused accessrefused access to any to any information requested.information requested.

(c) who has not been given a (c) who has not been given a responseresponse to a to a request for information or request for information or accessaccess to information to information

within the time limit specified. within the time limit specified.

(d) who has been required to pay an amount of fee (d) who has been required to pay an amount of fee which he or she considers which he or she considers unreasonable.unreasonable.

(e) who believes that he or she has been given (e) who believes that he or she has been given incomplete, misleading or false informationincomplete, misleading or false information

under this Act; and under this Act; and

(f) in respect of any (f) in respect of any other matterother matter relating to relating to requesting or obtaining access to records under requesting or obtaining access to records under

this Act. this Act.

Where the Information Commission,Where the Information Commission,

is satisfied that there are is satisfied that there are reasonable groundsreasonable grounds to to inquire into the matter, it may inquire into the matter, it may initiate an inquiryinitiate an inquiry

in respect thereof. s.18 (2) in respect thereof. s.18 (2)

(3) The Information Commission shall, while (3) The Information Commission shall, while inquiring inquiring into any matter under this section, have into any matter under this section, have

the same powers as are vested in a the same powers as are vested in a civil courtcivil court while trying a suit under the Code of Civil while trying a suit under the Code of Civil Procedure in respect of the matters under Procedure in respect of the matters under

s.18(3). s.18(3).

The Information Commission may, during the The Information Commission may, during the inquiry of any complaint under this Act, inquiry of any complaint under this Act, examine examine

any recordany record which is under the control of the which is under the control of the public authority, and no such record may be public authority, and no such record may be

withheld from it on any grounds. s.18(4)withheld from it on any grounds. s.18(4)

FirstFirst AppealAppeal

Any person who, does not receive a decision Any person who, does not receive a decision within the time specified orwithin the time specified or

is aggrieved by a decision of the PIO may within is aggrieved by a decision of the PIO may within 30 days from the expiry of such period or from 30 days from the expiry of such period or from the receipt of such a decision prefer an appeal the receipt of such a decision prefer an appeal

to such officer who is to such officer who is senior in rank to the PIOsenior in rank to the PIO in in the public authority.s.19(1) the public authority.s.19(1)

Where an appeal is preferred against an order Where an appeal is preferred against an order made by PIO under s.11 to disclose third party made by PIO under s.11 to disclose third party

information,information,

the appeal by the concerned the appeal by the concerned third partythird party shall be shall be made within 30 days from the date of the order. made within 30 days from the date of the order.

s.19(2) s.19(2)

The first appeal shall be disposed of within 30 The first appeal shall be disposed of within 30 days of the receipt of the appeal or within such days of the receipt of the appeal or within such

extended period not exceeding a total of 45 days extended period not exceeding a total of 45 days from the date of filing thereof,, for reasons to be from the date of filing thereof,, for reasons to be

recordedrecorded in writing. in writing.

second appealsecond appeal

against the decision s.19(1) shall lie within 90 against the decision s.19(1) shall lie within 90 days from the date on which the decision should days from the date on which the decision should have been made or was actually received, with have been made or was actually received, with

the Information Commission. s.19(3)the Information Commission. s.19(3)

The Information Commission shall give a The Information Commission shall give a reasonable opportunity of being heard to the reasonable opportunity of being heard to the

third party third party If necessary. s.19(4) If necessary. s.19(4)

In any appeal proceedings, the In any appeal proceedings, the onus to proveonus to prove that that a denial of a request was a denial of a request was justifiedjustified shall be on the shall be on the

PIO who denied the request. s.19(5) PIO who denied the request. s.19(5)

The decision of the Information Commission shall The decision of the Information Commission shall be be bindingbinding. s.19(7) . s.19(7)

It has the power toIt has the power to

require the public authority to require the public authority to compensatecompensate the the complainant for any loss or other detriment complainant for any loss or other detriment

suffered. s.19(8) suffered. s.19(8)

PenaltiesPenalties Where the Information Commission is of the Where the Information Commission is of the

opinion that the PIO has, without any opinion that the PIO has, without any reasonable reasonable cause:cause:

● refusedrefused to receive an application for information to receive an application for information ● has not furnished information has not furnished information within the timewithin the time

specified specified ● malafidely malafidely denieddenied the request for information the request for information ● knowingly given knowingly given incorrectincorrect, incomplete or , incomplete or

misleading information misleading information ● destroyed destroyed information information ● obstructedobstructed in any manner in furnishing the in any manner in furnishing the

informationinformation

it shall impose a penalty of 250 rupees each it shall impose a penalty of 250 rupees each day till application is received or day till application is received or

information is furnished, so however, the information is furnished, so however, the total amount of such penalty shall not total amount of such penalty shall not

exceed 25000 rupees. s.20(1) exceed 25000 rupees. s.20(1)

Provided that the PIO shall be given a reasonable Provided that the PIO shall be given a reasonable opportunity of being heardopportunity of being heard before any penalty is before any penalty is

imposed on him:imposed on him:

Provided further that the Provided further that the burden of provingburden of proving that he that he acted acted reasonablyreasonably and and diligentlydiligently shall be on the shall be on the

PIO.PIO.

It shall recommend for It shall recommend for disciplinary actiondisciplinary action against against the PIO if the PIO if sshe persistently violates the provisions he persistently violates the provisions

of the Act.of the Act.

21. Protection of action taken in 21. Protection of action taken in good faithgood faith

No suit, prosecution or other legal proceeding shall No suit, prosecution or other legal proceeding shall lie against any person for anything which is in lie against any person for anything which is in good faith done or intended to be done under good faith done or intended to be done under

this Act or any rule made there under. this Act or any rule made there under.

22. Act to have 22. Act to have overriding effectoverriding effect

The provisions of this Act shall have effect The provisions of this Act shall have effect notwithstanding anything inconsistent therewith notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in 1923), and any other law for the time being in

force or in any instrument having effect by virtue force or in any instrument having effect by virtue of any law other than this Act. of any law other than this Act.

23. 23. Bar of jurisdictionBar of jurisdiction of courts.-No court shall of courts.-No court shall entertain any suit, application or other entertain any suit, application or other

proceeding in respect of any order made under proceeding in respect of any order made under this Act and no such order shall be called in this Act and no such order shall be called in

question otherwise than by way of an appeal question otherwise than by way of an appeal under this Act. under this Act.

Act not to apply in certain organizations.-Act not to apply in certain organizations.-

Nothing contained in this Act shall apply to the Nothing contained in this Act shall apply to the intelligence and security organisations specified intelligence and security organisations specified

in the in the Second ScheduleSecond Schedule. s.24 . s.24

Provided that the information pertaining to the Provided that the information pertaining to the allegationsallegations of of corruptioncorruption and and human rights human rights

violationsviolations shall not be excluded. shall not be excluded.

In the case of information sought for is in respect In the case of information sought for is in respect of of allegations of violation of human rightsallegations of violation of human rights, the , the

information shall only be provided after the information shall only be provided after the approval approval of the Central Information Commission, of the Central Information Commission,

such information shall be provided within 45 such information shall be provided within 45 days from the date of the receipt of request.days from the date of the receipt of request.

Monitoring and reportingMonitoring and reporting

The Information Commission shall, after the end The Information Commission shall, after the end of each year, prepare a of each year, prepare a report report on the on the

implementation of the provisions of this Act and implementation of the provisions of this Act and forward a copy thereof to the appropriate forward a copy thereof to the appropriate

Government, which Government, which

cause a copy of the report to be laid before each cause a copy of the report to be laid before each House of Parliament or, as the case may be, House of Parliament or, as the case may be, before each House of the State Legislature.before each House of the State Legislature.

s.25s.25

Guide Guide

The appropriate Government shall, within 18 The appropriate Government shall, within 18 months from the commencement of this Act, months from the commencement of this Act,

compile in its official language a compile in its official language a guide guide containing such information, in an easily containing such information, in an easily

comprehensible form and manner, required by a comprehensible form and manner, required by a person who wishes to exercise any right person who wishes to exercise any right

specified in this Act. s.26(2) specified in this Act. s.26(2)

RepealRepeal

The Freedom of Information Act, 2002 The Freedom of Information Act, 2002

is hereby repealed.is hereby repealed.

s.31s.31

prepared by prepared by

Srinivas MadhavSrinivas Madhav ConsultantConsultant

Centre for Good GovernanceCentre for Good Governance Andhra PradeshAndhra Pradesh

www.r2inet.orgwww.r2inet.orgdharmik9@sify.comdharmik9@sify.com

assisted by assisted by Dhanunjay kumarDhanunjay kumar