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copv No. 14No.34011/6(s)/2004-Estt.(B)

Governm ent of IndiaM inistry of Personnel, Public Grievances and Pensions

Departm ent nf Personnel and Training

New Delhig dated the 13th Decem ber, 2004.

NO TE FOR THE CABIN ET

Subject: Prcposal for repeal of the tFreedom of Information Act,2002' and legislation of the 'Right to Inform ation Act,20049.

W ith the approval of the Cabinet, the Freedom of lnformation

thBill, 2000 was introduced in the Lok Sabha on the 25 July, 2000.

n is Bill was referred to the Departm ent-related Parliamentary

Standing Committee on Home Affairs for exam ination and report. The

Stxanding Committee presented its Seventy-Eighth Report on the Bill to'

oxthe Rajya Sabha on 25= July, 2001 and laid this Report in the LokSabha on the sam e day. The Bill, as reported by the Standing

Committee, was taken into yonsi/eration by the Lok Sabha on the 3rd

December, 2002 and passed the same day after adopting the

amendm ents moved by the Government. The Bill was subsequently

passed by the Rajya Sabha on 16tb December, 2002 and on receivingthe assent of the President on 6tb January

, 2003, ç'rhe Freedom of

lnform ation Act, 20023 was published in the Gazette of India on 71

January, 2003. A copy of the Act is at Annexure-l (Pages 9 - 16$

KNO. 34011/6(s)/D û4-Estt.(B) SECRET page 1 ot- ..7..6

D

&

@DEPARTM ENT OF PERSONNEL AND TRAPGNG SECRET

2.

Section 143) of the Act lays down that it shall come into force on such

date as the Central Govem ment may, by netification in the Official

Gazette, appoint. As the basic infrastructure required for

operationalisihg the Act is in the process of being set up, the Act has

not yet been brought into force.

The Freedom of lnform ation Act, 2002 contains 21 Sections.

3. The N ational Common M inim um

Progressive Alliance inter-alia prevides that

Programm e of the United

$ The Right to lnfornmtion Act will be made moreprogressive, participatory and m eaningful.b

In pursuance of the above commitment, the National Advisory Council

has proposed certain amendments to the 'Freedom of lnformation Act,

20021.

4. The Council, besides proposing amendment of the Pream ble,

has, in all, proposed 34 amendments which also include changing the

title of the Act from t'rhe Freedom of lnformation A ct, 20021 to S'The

Right to lnform ation Act, 2004'. A comparative statement show ing

the existing provisions in the tFreedom of Inform ation Act, 2002'

which have been suggested for amendm ent by the National Advisory

Council, together-' with their form ulation after the proposed

amendment, is at Annexure-lleages 17 - 5û).

5. In proposing the am endments, the National Advisory Council

has, while recommending the retention of sectiens 13, 14y l 5, l 7, l 8,

19, 20 and 2 1 of the existing Act, propcsed changes to scctions 1 to 12

and 16 thereof in order to ensure

F.No.340l1/6(s)2004-Estt.@) SECRET 2 j7G

r -q' DEPARTMENT OF PERSONNEL AND TRAIMNG VCRETm aximum disclosure and m inimum exemptions consistentw ith Constitutional provisions.

2. independent appeal mechanism s

3. Penalties for failure to provide inform ation as per the law;and

4. effective mechanism s for access to information, anddisclosure by authorities.

6. The amendments proposed by the National Advisory Council for

the reasons mentioned in pard-5 above, have been considered in the

M inist!y of Persormel, Puàlic Grievances and Pensions and it is

proposed to repeal the existing enactment, i.e. t'l-he Freedom of

Information Act, 2002' and initiate a proposal to enact a new

legislation entitled as t'The Right to lnformation Act, 2004' broadly on

the suggestions made by the Council. However, certain provisions

suggested by the Council have been modified keeping in view the

legislative, constitutional and administrative requirements. A draft of

the Bill, to repeal the existing Act as also to enact the proposed ncw. . *

Iegislation, is at Annexure Ill (Pages 51-74).

The proposed new enactn3ent envisages the seûing up of a

Central lnformation Com mission to be headed by the lnformation

Commissioner who will be assisted by such number of Deputy

lnformation Comm issioners, not exceeding ten, as are required to meet

F.No.34B11/6(s)2:û4-Estt.@) SECRET 3 6 7:

1- -41. DEPARTMENT OFPERSONNEL AND TRAGGGSECRETthe functional needs. Besides the lnform ation Com m issioner, w ho willbe equivalent to the Secretary to the Government of India, and five

Deputy Informaticn Commissioners, one for each of the 5 zones of the

country, who will be equivalent to an Joint Secretary/Additional

Secretary to the Govem ment of India, the following

manpower shall have to be sanctioned for the Commissionerate in

additional

order to provide the necessary administrative support:-

1.2.3.4.5.6.

Joint SecretaryDirector

OneFiveOneFiveTwelveFourteenOneSixTwelveTwenty-four

Deputy SecretaryUnder SecretarySection OfficerAssistant

7. SLPPS (DS level)8. Private Secretary9. Personal Assistant10. Peon

The expenditure involved in creation of these posts is estim ated to be

% .1,86,1 7,448/- per annum as per the details provided in Annexure-

IV (page 75). In addition, funds shall have to be provided for

accommodation, office equipment, vehicles and other ancillary needs

of the Com m ission as per the prescribed norms. n e Comm ission is

proposed to be set up im mediately after the enactm ent is notitied.

E. A nodal cttl shall also have to be set up in the M inistry of

Persolmel, Public Grievances and Pensions

purpose of cnacting the proposed legislation initially and, later, for

im mediately for the

KNo.34011/6(s)2BB4-Estt.(B) SECRET 4 eJ 7G

DEPARTM ENT O FPERSONNEL AND TRAMKNG

tinalization of nzles and instructinns and reporting the progress of the

SECRET

@

implementation of the Act to the Government of India. The details of

staffrequirements are provided in Annexure- V (page 76 ).

9. The views of the M inistry of Finance (Department of

Expenditure), were sought in the matler. 'rhe M inistry has been

requested to furnish its views in the Cabinet meeting.

10. M inistry of Law and Justice (Department of Legal Affairs and

the Legislative Department) has seen and concurred in this Note. The

Bill drafted by the Legislative Department is at Annexure 111. The Bill

will be tinalized in consultation with the Legislative Departm ent

subject to such drafting or consequential changes as may be required or

directed by the Cabinet.

The. Prim e M inister, as M inister-in-charge of the M inistry of

Personnel, Public Grievances and Pensions, has approved of this N ote

for the Cabinet.

Approval of the Cabinet is accordingly solicited for the

followingr-

(i) to approve the legislative proposal on the lines of t'T'he

Right to lnform ation Bill, 20041 and for its introduction in

a H ouse of Parliament',

F.No.34B11/6(s)/;0B4-Estt.@) SECRET 5 sj 7G

K

DEPARTNœNT O#PERSONNEL AND TRm G G SECRET@

(ii) -setting up the Central lnfonnation Commission, and

creation of posts therefor, as proposed in para-7 of this

Note; and

(iii) creation of a Nodal Cell in the M inistry of Personnel,

Public Grievances and Pensions, and creation of posts

there for, as proposed in para-s of this Note.

13. The Statement of Implementation Schedule in respect ef the

above proposals has been given in Appendix to the Note.

I

. %(A.N. TI A

SECRETARY TO THE GOVERNM ENT OF INDIIA

:*.No.34011/6(s)2004-Estt./) SECRET 6 $ 7G

PZEPARTMENT OF PERSONNEL AND TRAINING SECRET

APPENDIX

No. 340l1/6(s)/2004-Estt.(B)Government of India

M inistry of Personnel, Public G rievances and PensionsDepartment of Personnel & Training

STATEMENT OF IN PLEV ENTATAON SCHEDULE

SUBJECT:- The Freedom of Information Act. 2002 - repeal ofLteislation of The Rizht to Information Act. 2004.

Gist of decision required Projected benefits/results Time schedule for manner ofinlplementation/reporting to

Cabinet Secretariat.1 2 3

Approval to the ' ç'rhe Freedom of lnformation Act, After approval of the Cabinet, the

(i) legislative proposal on the lines of t'T'he Right to 2002' will be made more Bill will be introduced, as soon asInformation Bill, 2004' and for its introduction in a House progressive, participatory and possible and after obtaining the

of Parliament; meaningful. recom mendations of the President

(ii) setting up the Central Information Commission and in the ongoing W inter Session ofcreation of posts therefor; and Parliament. Action will also be

(iii) creation of a nodal Cell in the Ministry of Personnel, taken to immediately create thePublic Grievances and Pensions and posts for work nodal cell and posts therefor in the

F.No.34011/6(s)/2004-Estt.(B) SECRET 7 4 7û*

DEPARTM ENT OF PERSONNEL Ae TRAINING SECRET

relating to enactment and implementation of the Bill as in M inistry of Personnel, Public

(i). Grievances & Pensions. CentralInformation Comm ission, and the

posts therefore, will be set up

immediately a'Iter the proposed

çRight to Infonuation Act' is

enacted.

F.NO. 34011/6(s)/2004-Estt.(B)

-(' 'A.N.TIW ARIF----

SECRETARY TO THE GOVERNM ENT OF INDIA.oated the 13'b December, 2004.

8 6 7GF.No.34011/6(s)/2004-Estt.(B) SECRET

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EXTM ORDLNARY%1r6 II- R 1

PART H - Serdon 1mh- Axe

PUBLISHED BY AUTHORITY

'!# 5) V , ' , 7, 2003/1* 17, 1924No. 5) NEw DELHI, TUESDAY, JANUARY 7, ZIKB/PAUSA l7

, 19M

vlvxmkfqxsexifgqfqr#tfe fev menxivqe +- Axe x m+iS i is given to this Part in order that it rnay be 5led as a separate compilationfeparate pag ng

M INISTRY OF LAW AND JUSTICE(Legislative Department)Nevî' Delhi, the 1th January, l* 3lpau.m I7, 1 924 (.V kJ)

The followirtg Act of Parliament fectived t%e assent of the President on the6th January. 2003. and is hereby publishcd for general information:-

THE FREEDOM OF INFORM ATION ACT, 2* 2

No. 5 oF 2003

(6th January, 2œ 3.)An Act to provide for freedom (ocvery citizen to secure access to infonnation

under the contfot of public authorities, corksistent with public interest. inorder to promote openness, transparency and accountability inadministration and in relation to matters connected therewith or incidentalthereto. '

BE it enacted by Padiament in the Fifty-third Yearof the Republic of India as follows:-

CHAMFERIPRa.IMXtRY

1. (3) This Act fnay be called the Freedom of Infonnation Act, 2* 2.

(2) lt extends to the whole of Ifldia except the State ef lammu and Kashmir.

(J) lt shall cornc into force oa such date as the Central Government lnay, by notitka-tion in the Offic' ial Gazette. appoint.

Shon tillesextent andcom rnence-I 1 rn l .

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2 THE GAZETTE OF INDIA EXTRAORDINARY IPART II-

?.. In this Act unless the contcxt otherwise rm uires,

(J) eappropriate Govemment'' me'ans in rtlation to a public authority established,constituted. owced. substantially linance.d by funds providcd dirctly or indirectlyor controlled '

o*k .-

œ finitions.

(i) by the Central Government, the Central Government;

(i0 by the State Government, tbe Sute Government'.

fiiij by the Ucion territoly lhe Central Government',

(#) ''competent authority' meaRs-

(0 thc Speaker itl lhe casc of (he House of tbe People or tbe LegislativeAssembly alyd thechairman in th: case of the Council of Smtes or the LegislativcC0u nc i l ', '

(iï) the Chief Justice of India in tile case of thc Supreme Court;

Liiij the Chief Justice of the High Coart in the case of a High Court',

(&) (he Presidcnt or thc Govemor, a$ (hc case may *, in the case of otherauthorilies created by or under the Constitution'.

($ the administrator appointed under articlc 239 of the Constitutioc;

(c) dfreedom of information'' means the right to obtaic infonnation from acypublic authority by mcans of,

(0 inspectiort, uking of extracts and notes',

.i*'* (iï) cenified copies of any records of such public authority'.

(iii) diskcttcs, ooppies or iq any otlxr electronic mode or through print-outs where such irtformation is stored in a compuler or in any other dcvice'.

(40 ''infonnation'' means any matcrial in any form relating to the administrationopcralions or decisions of a public autbority;

@) ''prescrilxd'' rncansprcscribcd by Iules made under this Ac( by thc appropriatcGovernlnent or the competent authority ms the casc may tïc'

Lfj ''public autllority'' mtans any authority or body cslblishe.d or constitutcd'-

(i) by or under the Constiyutitm;

(fi) by any 1aw made by the appropriate Government.and incltldes any other body owncd, controlle.d or substantially financc.d by fundsprovidod directly or indirectly by the appropriate Govcrnment',

(g) ''Public Information Officcr'' mcans the Public lnformation Officerappointcdunder sub-section (/) of scction 5',

çhj err-ccrd'' includes-

)l

f

i1 . -.(I) tthird party means ï person other than the person making a request for'

.1! information and includcs a public authority.j '@f -e

. w!o . 's ?., o ! l j to (..0 J aeo tf - Bk h G ecms-r t e k''l 7G-4.!t.!ç..1i''$!n : x=-. , r - . -. - .

(i) any document. manuscript ànd fiie;' (f8 any mjcrofilm microfiche and facsilnile copy of a documcnt'.

(iiij any rcproduction of imagc or images embe iod in such microfilm(whether enlarged or not); and

@) any. other material produood by a computer or by any odter device;

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sec-ze'i'Srr.' 11 TNE GAZETTE OF INDIA EXTRXORDINARY 3

CHAFIERII

FReECOMOF- AIXSANOOBUGAI- Y M X A-

3. Subjcct lo thc provisions of this Act. all citizensshall havc fferedom of information.

4. Eve!'y public au' thority shall- obligationsen public(a) maintain alI its records. in such manrttr and form as is consistent with its

jh kkies.. Aut oroperational rcquirements duly catalogued and indexed', '

(13) publish at such intervals as may be prescribed by the appropriateGovcrnmcnt or competcat autNority.

Frerdlm ofinformation.

(t) lhe paniculars of its organisation, functions and daties;(il) lhc powcrs and duties of ils officers and employecs and the procedurc

followtd by them in the dccision making process',

(iit') thc norms set by the public authorily for lhe dischaqc of its functions',

' (iv) l'uttts. regutations. inslzuctions mânuals and othez ulegorics of rrecordsundcf its control used by its employees f0r discharging its funclions'

,

f v) (hc delails of facilitibcs available to citizcns for obtainirtg information;a nd .

(vi) thc namc, designation and other garticulars of the Peblic InformationOmcer',

(c) publish a1l rclcvant facts concerning important decisions and policics thataffect the public while announcing such decisiûns and policies',

(d) give rcasons for its dccisions. whcthcr administrativc or qqasi-judicial toz*'. tbosc affcctcd by such decisions;

(e) bcforc initiating any projectx publish orcommuflicate t0 the public gcnerallyor to 1h.c persons affccted or likcly to be affeclcd by the projcct in particular, thc factsavailable to it or to which it has reasonable access which in its opinion sbould bcknown lo thcm in lhc best intercsts of natural justice and promotion of democraticprinciplcs.

s. f 1) Eve!'y public autbority shali for-the purposcs of this Act, appaict one or more Appointlncntoffictrs as Public Information Omcers. t'f Public

. Iyj fo rmallon(2) Evee Public Inrormation Omcer sball deal with requests fcr information and Officcrs.

shall render reasonablc assistancc to any person secking such information.

(3) Thc Publîc Information Officer may seek tht assistancc of any olcr of%cer as heconsiders necessary for (he proar discharge of his duties.

(4) Any ofticer whose assistancc has been sought under sub-section (32. sball rendera1l assistance to thc Public Informatioû Officer secking his assistancc

.

6. A person dcsirous of obtaining information shall m ake a rcqucst in writing or Request forthrough electronic mcans, to the cunccrncd Public Information Officer sgecifying the Obsaining

information.particulars of thc informaticn sought by him :

Providcd that where such requtst cannot be made in writing. the hlblic InformationOfficer shall rcndc: all rcasonable aqsistaqce tc 1he Krson making the request orally toreduce it in writinp

7. f 1) On reccipl of a requestun'der section 6. the Publiclnformatinn Ofticershall, as Disposal ofcxre itiously as possible, and in any case within thirty days of the reeeipt of tlle roque-st, rrqucts-'either provide the ipformalion requeste.d on payment of such fee as may I:e prescrilxed or 'reject tl:e rmwest for any of tl!e rmasons speecified in Rctions B and 9:

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j 4 TIIE GUETTE OF INDIA EXTRAORDINARY IPART ll-!:

Wovidr,d that where the' informaîion xmght for concems the life and lilrty of aIxl-son. the samc should be provided within forty-eight hours of the receipt of the request:

Provided furthcr that where il is decidt.d to provide the information on pymcnt ofany furtlwr fee representing the cost of providing the infonnationshe sllal! scnd an intimationto the pcrson making the request. giving the detailsof the fees determined by himqrmuestinghim to deposit the fees and lhe period intervening betwrech the despatch of the saidintimalion and payment of fees shall be excluded for the purposc of calculatingthe periodof thirty days referred to above.

(2) Before taking any detision under sub-section (/), thc Public Infonnation Officcrshall takt inlo consideration thc rtpresentaticn made by a third party under section l l .

(3) Wbcre a roquest is rcjected under sub-section (2). the Public Informatio: Officershall communicate to thc person making roqucst,-

(1) the reasons for such rejection'(ii) the period within which an apful against sucb rejtctions may l:e preferrcd;

f iii) the particulars of the appellale authority.

(4) lnfonnation shall ordinarily be provide,d in the fonn in which it is sought unlcss itwould disproN rtionately diven the rcsources f)f the public authority or would k detrimcntal

to the safely or preservation of the record in questiort '

Eumption 8. ( 1) Notwilhslanding anything bcreicbcfore contained. the following infonnationfrom not being information relating to any matter referred lo in sub-section (2). shall be ex-disclosqre of empted from disclosure, namcly:infennation.

(a) infornlation. the disclosurc of which would prcjudicially affect the sovcr-t*' eignty and inlegrily of lndiz. sccurity of the State, strategic scientific or economic

interesl of Indla or collduct of international rtlations', -

(b) infonnaliort.thc disclosurc of whicb would prejudicially affect public safctyandorder. dctection and investigation of an offence or which may lead tû art incitemen!to commit alt offencz or prcjudicially affect fair trial or adjudication of a pendingcasc', '

(c) information, tke disclosure of which would prcjudicially affect the conductof Cenlre-state rclalions. ipcludjng infomlalion exchanged jn confidence bctwcenthe Ccntfal and Stalc Governmenls o: any of thcir autàoritics or agcncies;

(#) Cabinet papers including recordsof delilxrations of the Council orMinisterssSccrutaries and othcr officers'

. . *

(f') mi nutes or rccords of advice incl uding Iegal advice opinions orrecolnmtndations madeby any officcrofa ptlblic authorily during the dccisicm makingprtxzss prior lo the executive decision or policy formtllationù

(/) trade or comm' crcial secrcts protected b)' Iaw or ipformation. the disclosureof which would prçjudicially affecî tlie legitimate econ:mic and commercial interestsor thecompetitive posilion of a public authority; or would cause unfair gain ol loss to

any person '. and

(.:) information. lhc: disclosurtt Qf which may result in the breach of privilegesof Parliament or (he Legislature of a Stalc. or corllravcntioa of a lawful order of a

coun. '

(2) Subject to the provisions of ciausetc) of sub-section (1), any information relatingto any (xcufrcncc: event ormalter wllich has takcrl place occtlrrr.d or hapm ned twenty-fivcycals beforc the datc on which any rcquest is made unde,r scction 6 shall ihe provided to anyperson making a rm uest uqdcr that scction;

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Provided that where any question ariscs as to the date from which the said period oftwenty-five years has to be computed. tbe decision of the Central Govcrnmenl shall bo

9. Without prejudice to' the provisions of section 8, a Public Information Officer mayrtject a rcquest fof iefonnation zlso where such rmuest-

(a) is too general in nature or is of such a nature that. having regard to the

volume of information required to be rdrieved or processçd would involveunrpmqonable diversion of th6 resources of a public authority or would ad

yec lyinterfere witb thc functioning of such authority: '

Providt-l that whca such roquest is rejectz on the ground that the requtst istao general, i: would be ole dtlty of the Public Infonnation Oftktr to render hclp

msfar as possibie to the person making request t0 reframe his rcquest in such a manner ms

may facilitate compliaacq with it',(bj relates to infonnation that is requirod by Iaw, nllcs, regulations or ordcrs to

be published at a pttrticqlar time and such information is liktly to be so publishedwithin thirty days of the rcceipt of such request;

(c) relates to information tbat is contained in publishcd matorial available topublic; or

Grounds forrefusaj toaccess incerlain casr-s.

(J) mlatcs to informaéoR which would caust unwarranted invasion of the privacyof any Nrson.

10. ( /) If a request for access to information is rcjccted on the ground that il is in severabijity.

rtlation to information which is exempted fro!n disclosure. then notwithstanding anythingcontained in this Act, access may be given to that part of the recofd which does not obtainany inform ation that is cxempted from disclosure tlnder this Act and which can rcasonably4is sevcred from any part that contains exemptod information.

(2) W here access is granted to a part of the record in accordance with sub-section (J).thc pcrson making thc request shall be informed.-

ft7) matonly part of thc record requested, after scverance of tht rocord containinginforrnatlon which is exempted from disclosurc, is being furnishcd; and

(#) of the provisions of the Act under which the severed pm is exemptcd fromdisclosure.

11. (/) Whcre a public authority intends to disclose any information or record, nr part Third partythereof. on a rcqtlest made under this Ac( which relates to, or llas. bceft supplied by a third inforrrution.pany and has beza treated as confidcntial by that lhird party, thc Public lnformation Officersball, within twenty-five days from the rccciptpf a request. give writlen notice to such thirdIxarty of the request and of the fact that the public authority intends todisclose the informationor fecord. or part thereof :

Provided that cxcepl in yhe case of trade or commercial secrets protectcd by law,

disclosgre may bc ajlowed if thc public intcrest in disclosure oulweigbs in impon'ancc anypossible haann or injury to the icterests of such third party.

(2) W hcre a notice is given by the Public Infonnatiotl Officer under sub-scction (/) toa third pany in respect of any information or record or part thereof, the third pany shall,within twcnty days from the dale of issuance of notice, bc given the'opporttlnity lo makereprmsentation against the propoacd disclosure.

U) Noiwithstanding anything contained in section 7, the Public Information Officershall. wilhi!l sixty days after receipt of the reqemq under seclion 6, if the third party has%en gix-een an opportunity to makc represenutien under sub-section (2) make a decisionas to whcther ornot to disclosc the infonnation o: rtcard or part theret)f and give in writingthe notice of his detision to the third party.

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6 THE GAZETTE OF INDIA EXIRAORDmARY IPARTII-

(#) A notice given under sub-sectitm (J) shall include a statement that the third ''*party to whom the notice is givtn is tntitle.d to prefer an appeal against the decision undersection l2.

11. (J) Any Ixnork aggrieved by a decision of the Public lnfonnation Officer may.within thirty days of receipt of such decision, prcfer an apmal to such authority as may beprescribed:

' Provided that such authority mzy entenain the alo al after the expiry of the saidperiod of thirty days if it is satisfied that tht appellant was prevented by sufficient causefrom filing the appcal in time.

(2) A second appeal against tbc decision undersub-u tion (1) shall lie within thirtydays of such decision, to the Central Government or tbesuteGovernmect or the competentauthority, as the case may be:

Provided that thc Central Government or the State Government or the competentauthority. as the case may be, may entertain tbe apm al after the expiry of tht said perie ofthirty days if it is satisfied that the appellant was preveRte,d by sufficient cause from filingthc appeal in timc.

Apfsezls.

(J) n e appeals feferred to in sub-sections (1 ) and (2) shall bc disposed of withinthirty dpys of the rcccipt or such aprals or within such cxtcnde..d period, as the case maybe. for reasons to t)e recorded in wrltlng.

(4) lf the dccisiort of thc Public Information Ofricer against wbich !he appeal ispreferred under sub-reztion (/) or sub-section (2) also relnle-qto information of third pm y. theappellatc authority shall give a rmasonable opportunity of &ing beard to that rarty.

C R IlI

Miqm Ixpm x

# 'protection of 13. No suit. prosccution or othtr lcgal proceeding shall lie against any pcrson fotaction laktn in anything which is ill good faith done or intended to bc dcne under this Act or any rule madegoou faith. thereunder.

Ac$ to havc 14. The provisions of (his Act shall havc effect nolwithstanding anything inconsisttntoveniding therewith containe-d in the Official Sccrels Act. $923, and any other 1aw for tbc time bcing 19 of 1923.cfftct. in forcc or in any instrumcnt having effect by virtuc of any law other than this Act.

Bar of 15. No court shall entenain any suit. application or othcr proceeding in respect ofjurisdiclinn of any order made under this Act and no such order shall te callc,d in question otherwisc thanCo''rts' b way of an appeal undcr this Act.y

Act not to 16. (J) Nothing containod in this Act shall apply tû the intclligenct and securityAPPIy Io organisations. specified in (he Schedule, being vqganiutincs establishe,d by the Centralccrtain

, Govern ent or any infonnation furnished by sucb organisations to that Government.

oqanisations. K1(2) 'Thc Central Governtncnl may, by notification ift thc Official Gazmte, amcnd thc

Schedulc by includicg theruin any otller intrlligcnce or sccurity organisation establishcdby that Government or omitting therefrom any o'rganisation already specifired therein andcm thtt publication of such notification. such organisation shall be deemed (o bc includedin or. as the. case may be, om ittod from the Schedulc.

(J) Evcc notitication issued ucder sub-section (2) shall be laid G foreeach House ofParliament.

(4) Nothicg contained in this Act shall apply to such intelligelluc and socurityorganisations which may be specified. by a notification in the Official Gazette, by a StateGovcrnment from timc to time. '

(5) Evory notitkation issued under sub-section (4) shall be laid bcfore the StazI-egislature. '

;: eo . 'zl..o 11 JE (-CJ y). /.- ctq-rpai XQAET lA OJ 7:4

R -' PTT. oe pu toh'i:e''u à -rk.O .

4:jrq.c..: .$

SEr-ZE,T

SEc. 1) THE GAZED 'E OF INDIA EM XAORDWARY ' 7

17. (/) n e Central Govcrnment may. by notification in the Official Gazelte, make Power torules to carry out the provisions of this Act. maka I'UIeS by

Cxotral(2) ln pm iculr. and without prejqdice to the gcncrality of thc foregoing power, such Govcmfxnl.rules may provide fof a11 or any of 'thc following mattors

. namely:-(J) inlervals at which matters referred to in sub-clauses (0 totvf) of clausc t:lofsection 4 shall be published;

fbj thc fee payablc under sub-soction (lj of section 7.'

(c) thc authority Yforc whom an aplxal may bc preferred undcr sub-soction (7)of section 1 2',

(#) any othcr matter whicb is required to be, or may bo, prescribod.

18. (/) n e State Govcamcnt may, by notification in thc Official Gazette, make rules power to

to carc out thc provisiops of this Act. make rules byState(2) la particular, aRd without prcjudico to le generality of tbe fortgoing power. such Govemmcnt.rules may provide for all or any of the following matters

, namely:-

(c) thc fec payablc under sub-section fl) of scction 7'.(b) the authohty bcfore whom an appeal may be preferred under sub-section (/)of

section 1 2',

(c) any öthtr matter which is remuired to 1 , or may bc, prescribed:Provided that initially.the rule.s shall be made by the Central Governmcnt by notifi-

cation in the Official Gazette.

l9. (/) Thc compctent authority may, by notitication in the Official Gazcue, make Rulc n'akingriks to carry out the provisions of this Act. Pow'er by

comlmteot(2) In panicular and without prejudice to thc generality of the foregoing powcr, sucb auîhority.ruies may provide for al1 or any of the following mattcrs

. namely:

(aj thc fee payable under sub-stction (/) ot- scctiort 7'.(h) the authority bcfore whom an appeal may be preferred ullder sub-section (/)of section l 2 '.

(c) aay other matter which is çequirr.d to be or may be. prescribed.20. (/) Every rule made by the Ccntral Govcrnment under lhis Act shall be laid

, as Laying ofsoon as may be aftcr it is madc, bcfore cach House of Parliament, while it is in scssions for rules.a total period of thiny days which may be compristd in one scssion or in t

wo or m oreJuccessive sessions, and f. befol'c lhe cxpic of the sessiort immcdiately followiag thescssion or thc successive sessions aforesaid both Houscs agroe in making any Inodifica-tion in the rulc or 60th Houses ag

,re.e lha.t the rute siTould not bc. madû, tlw rule shallthercafter havc effect only in such modifie,d form or be of no cffect. as the casc rùay bc; so

,hoWever, thal any sucb modificatioc or acnulment shall be wilbout pfejudice to the validityof anything previously done undcr that rule

.

(2) Evcry rule made under this Acl by a Statc Governmznt shall be laid, ms soon asmay be after it is notificd, before the State Legislature.

21.(/) If any difficulty ariscs in giving effect to the provisions of this Act, the Central Powcr toG

overnment may. by order published in tha Officia! Gazette, nlake such provisions nol rcrnovedimcultics.inconsistenl with thc provisions of thisAct as appe.ar to it to be neccssary of expedient foi'

removal of the difliculty: ' .

Provide.d that no such order sllalt be mado after tl!e expiry of a Ixritd of t'w'o yûarsf tll date of the cornmerlcement of this Ac' t.rom e

(2) Every order made under this sœ tion shall lIs sooll as may i)c after it is made, bel

aid before each Houm cf Parlianent '

r,h,: . 3tf0 tt/bcçl/xco: - fstl-tpal JEûttc'r ls of 7:

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8 'IME ùAZETIY GF INDIA EXTM ORDINARY (PARTII-SK. 11

Tiœ SCHEDULE

(See section 16)

Intelligence Bureau.Research and Analysis Wing of the G binet Secretariat.

Directorate of Revenue Intelligence.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,

1 1. Indo-Tibetan Border Police.

12. Central Industrial Security Force,l3. National Security Guards.

14. Assam Rifles.

15. Special Service Bureau.

16. Special Branch (ClD), Andamac and Nicobar.w .

l7, n e Crime Branch-f-l.D. - CB, Dadra and Nagar Haveli.

18. Diroctorate of Vgilance including Anti-corruption Branch. National CapilalTerritory of Delhi.

19. Special Branch, l-aksiladwoep Police.

K. N.CHATURVEDI,

Additional Secy. to the Govt. oflnàia.

emNrt'ly BY TIIE MANAOEK CzovfltNMh'vr OF ENDIA PKESS, MINTO RoAD, NEW DELHI .A.e PUBUSK 9Y TP.S GQNTRDIJ.FA ()F G ECATIO/LS DELIR 2*3.

p.ao . 3:0(/ ,/tnt-thfn-ett. - EqA-L/SS svc-tev lfp o..l 7:

DEPARTMENT OF PERSONNEL AND TRAINING .

Asl N 67.U2 E - f-t

SECRET

ANNEXURE-II

FREEDOM OF INFORMATION ACT 2002: PROPOSED AMENDMENTS

Original Act Praposed AmendmentsPREAM BLE PREAM BLE

A Bill to providc for freodom to cvefy citizxn to securt A Bill to operationalise îhe right to infonnatilm by setting outaccess to infonnation under the control of public authorities the practical regimc for pcmple to secure accecss to informatinnconsistent with public intercst, in ordcr to promotc opcnness, under the czmtrol of public atlthorities, consistent with publictransparency and accountability in administration and in interest

, in order to promote openncss, transparency andrelation to matters conncded thercwith or incidental thcreto. accountability and in relation to matters connccted merewith or

incidcntal thcrcto.Cha ter 1: PRELIMm ARY Cha ter 1: PRELIMINARY

l . (l) This Act may l)e called the Freedom of Information (1 ) This Act may be callcd thc Right to lnformation Act 2004Act, 2002(2) It extends to thc wholc of India except thc State of RctainJammu and Kashmir.(3) It shall come into foroe on such datc as the Ccntral (3) 1( shall come into lbrce within l 20 days of it being enactcd

.Govcrnment maya by notification in thc Official Gazettc,a int

(4) Wherc Statc Icgislation exists dcaling with the right toScction 1(4) access information, a pcrson will have thc right to seek

information under thc State law as weli as undcr this Ack if tbeDoes not cxist in the present Act. informatiûn pcrtains to a subject undcr thc Statc List in

Schedule 7 of' the Constitution orlndia.

Section l (5) (5) Objectives of thc Act: The objcctives of the Act are to -(i) givc cffect to the Fundamcntal Right to

Dtxs not exist in thc present Act. Infbrmation which will contributc tostrengthening democracy, improvinggovemance, increasing public participationpromoting transparcncy and accountability inUnion, Statc and Local Sell-GovcrnmcntInstitutions.

(ii) cstablish voluntary and mandatory mcchanismsor proccdurcs to give eftkct to right toinrormation in a manner which enablcs m rsonsto obtain acccss to records of public authoritiesin a swift effectivc incxpensivt and reasonabicmanner.

(iii) promotc transparency, accountability andcffcctivc governancc of aII public authorities by.including but not Iimitcd to empowering andeducating aI1 pcrsons to;

undcrstand their righks in tcrms of this Actin order to exercisc thcir rights in relatitmto public authoritits;undcrsfand the functions and opcration ot-public authorities; andeffcctivcly participating in deciskonmaking by public authorities that affùctsthcir ri .ts.

F.NO. 34011/6/(s)/2004-Estt.(B) JECRET l 7 o ( 7:

SECRET2. In n is Act, unler.s th: oontext otherwise requires: Retain(a) çsappropliatt Governmcmt'f means in mlation to a publicauthority established, constituted, owncd, su'bstantiallyfirtarîced by fuftds provided diretly of indirectly orcontrolled-(i) by the Ccntral Govcrnment, thc Ceneal Government;

(ii) by the State Govcrnmenq The State Govemment;(iii) by thc Union territoly n c Central Govcrnment;(b) ç'compctent authority'' mcans- Reuin(i) the Smaker in the c,ax ûf thc Hoklse of the People or thrlxgislativc Asscmbly and the Chairman in thc casc of thcCouncil of State-s or the lxgislativc Council:(ii) The Chief Justicc of India in thc case oç the SuprcmcCourt;(iii) Thc Chicf Justice of the High Court in thc case of aHigh Court;(iv) n e Prtsident or the Governor as tbe casc may be, incase of othcr authoritics crœted by or under the Constitution:(v) the administrator apminted undcr article 239 of thcConstitution;

(c) E'freedom of infbrmation'' means the right to obtain (c) t'Chief Information Commissioner'' and Rlnfbnnationinfbrmation from any public authority by mcans of.- Commissioner'' 'çstate Information Commissilmer'' mcans the(i) insyction, taking of cxtracts and notcs; authorities so appointcd undcr this act(ii) Ccrtified copics of any records of such public authority; (d) S'right te information'' means the right to access information(iii) Disketks floppies or i

n any othcr electronic mode or held by, lcgally accessiblc by or undcr the control of any publicthrough printouts whcre such infonnation is stored in a authority and includcs:computer or in any other device; (i) lnsyctitm of works documents records;

(ii) Taking notes and cxtracts and obtaining ccrtified copicsof documtnts or rtoords;

(iii) Taking ccrtified samples of material'(iv) Obtainin: information in thc form of diskettes

,floppies, tapcs, vidco casscttes or in any other

electrnnic modc or tkrough printouts whcrc suchinformation is stored in a computer er in any otherdevice.

(d) 'âinformation'' mcans any matcrial in any form rclating to (c) Ssinformation'' mcans any matcrial in any form includingthe administratiort, opcations or dccisions of a public records

, documcnts, file notings, mcmos, emails opinionsautbority; advices prcss releases circulars ordcrs Iogbooks contractsreports. papers, samples. modcls, data, matcrial held irt anyclcctronic form and any infbnnation relating (0 a privatc bodywhich can be acccssed by a public authority tlnder any law'

(c) Gtprcscribe-d'' mcans prtscribed by rules made undcr this Rctain renumbcr (f).Act by lhe appropriale Governmcnt or the competent

authorit as thc case ma bc;(t) ttpublic authority'' rrttans any authority or body (g) Gpublic agthority'' means any authority or body cstablishcdestablished or consliiuted,- or constituted -(i) by or under the Constitution; (i) by or under tl'te Constitution;(ii) by any Iaw madc by the appropriatc Government, and (ii) by any law madc by the appropriate Government

,includes any other body cwneds controllcd or substantiglly and includes any other % dy ovvntd or œntrollcd by thcfinanced by fbnds providcd directly or indirectly by thc appropriatc Governm

tnt and includcs panchayati rajappropriatc Governmcnt: 1 institutions and other community bodics, Iike districtcouncils

, and village ot locality durbars, PerformingI public functions in arcas notified undcr sclwdulc 5 and6 of tlw Constitution.

(g) upublic Information Omcer'' means the Public (h) 'Tublic Informalion Officcr'' mtans thc Public InformationInfonnation Ofricer appointed under sub-scction (I) ol- Omcer apmintcd under sub-section ( l ) and/or ( I)(a) of sectionscction 5; 5'

,

F.NO. 34011/6/(s)/2004-EstL(B) : g czkc- 'T

DEPARTMENT OF PERSONNEL AND TRAINING

l ê OJ 7 G

SK RET@) ''record'' includes- Rœ in

. Renumber (i)(i) any documenta manuscript and file;

(ii) any microfilm, microtiche and facsimile copy of adcxmmtnt;(iii) any rcproduction of image or image.s embodied in suchmicrofilm (whethcr tnlzrged or not): and(iv) any other material produce,d by a computer or by anyQtbtr dtvice.

(i) 'tthird party'' means a person other than the pcrson Retain. Renumbcr (j)making a request for inforrnation and includcs a public

authorit .CHAPTER 11 CHAPTER 11

FREEDOM OF INFORMATION AND OBLIGATIONS OF FREEDOM OF INFORMATION AND OBLIGATIONS OFPUBLIC AUTHORITIES

PUBLIC AUTHORITIES3. Subject to the provision of this Act, aIl citizens shall havc 3. Subject to the provision of this Act, aII pcrsons shallfree

-dom of information. havc thc right to information.

4. Evec public authority sball- 4. Evcry public authority shall-(a)

maintain a1I itq records, in such manncr and form as is (a) maintain all its rccords, duly catalogued andconsistcnt with il-s npcrationa! rcquirements duly catalogued indcxed

, in a manncr and fbrm which facilitatcs theand indexed: right to inf

ormatinn as provided for in this Actincluding enstlring that a11 records covered by the Actthat are appropriatc to computerisc are within aaasonablc time and subject to avaiiability of resouroes,computcriscd and connected through a network aIl overtlw country on diffvrcnt systems so that authorise.daccess to such records is facil itatcd.

(b) publish at such intervals as may bc prcscribed by the (b) publish within 6 months of this Act coming intoappropriate Governmcnt or compctcnt authority.- tbrce and thereafter update at Ieast every 12 montlls-(i) the particulars of its organisation, functions and dutics. (i) The particulars oç its organisation

, fbnctions(ii) thc powers and duties of if,s oflicers and cmployees and and dutics.

the proccdure followed by them in the decision making (ii) Thc powcrs and duties of its officers andproccss. cmployees(iii) the norms set by thc public authority for the dischargc of (iii) Proccdure,s followed during thc dccisionits f'unctions. making proccss

, including chains of(iv) rules regulations instructiocs. manual and othcr supervision and accounmbility

.

categorics of records under ie control used by its employecs (iv) Thc norms sct by the public autlmrity for thcfor discharging its functions. dischargc ol' its functions.(v) the details of facilitics available to citizcns for obtaining Rules

, rcgulations, instructions, manual andinformation and records hcld by or under its control uscd by its(vi) the name, designation and othcr particulars of the Public employees for discharging its functions.Infonnation Ofticer; A statcmcnt of the eategorits of documents

that are held by or under thc control of thcpubtic authority.

(vii) Particulars of any arrangement that exisB for. .

consttttatioc with or rcpresefttatiort by,membcrs of the public in relation to theformulation of policy ins c,r in thcadministration of, thc ptlblic authoritj.

(viii) A statemcnt Iisting aIl boards councllscommittees and othcr btxlics constituted bytwo or more perwlons, that arc part of, or thathavc been established for thc purpose ot-advising, the public authority and whoscmeetingss arc opcn to the public or theminutes of whose meetings artt available fbrpublic inspection;

(ix) A directory oithcir public servants from thelevcl of tho iïead of thc dcfsartmfmt or birs/htr

,equivalent and bclow'

i d for each 1(x) Thc monthly remuneration recc ve


F.NO. 3401 1/6/(s)/2004-Estt.(B) 5el<cJl 9 o

.j 7G

SECRET

pesition. including tlle system ofcomynsation as œtablished in regulations;

(xi) Infonnation conccrning the budgtt auignod toeach agency, including all plans

, proposedexpenditurcs and rcpofts on disbulsemenq

(xii) Thc design and execution of subsidyprograms, including the amounts allocmed totlwm, oriteriz for acctss, impltmenlationdctails and bencficiaries.

(xiii) All concessions, permits or authorisationsgmnted, with thcir recipiene specified.

(xiv) AlI infolmation availablc to the publicauthority in electronic form or camble ofbeing reduccd to electronic form which is notqxempt under tbis Act subject to availabilityof resouroes.

(xv) the dcuils of facilitits available to citizens foroblining information, including if the publicauthority maintains a library or rewadin: roomthat is available for public use, a sltcmtnt ofthat fact including delils of thc addrœss andilours of opcning of the Iibrary or readingroom; and

(xvi) thc namc designation and otbcr padiculars ofthc Public Information Officer;

(xvii) sucil othc.r information as prcscritxd by theappropdate govcrnment or lnformatitmCommissioner from timc to time which wouldpromote transparcncy across public authoritiesor in specific public authorities asappropriate;

on thc basis that it shall bc a constant cndeavor of publicautboritics to takc steps to provide as much information to thcpublic suo moto at rcgusar intcnpals through various mcans ofoommunication so that thc public havc minimum rcsort to thetlse of tbis Act to obtain information

.(c) publish alI relcvant facts conccrning important decisions Retainand policies that affcct thc public whilc anntmncing suchdccisions and licies'(d) givc reasons for its decisions, whcther administrative or Rcuinuasi-'udicia! to those affccted b such dccisions'(c) befort initiating any project, publish or communicate to Retainthc pubtic genefally or to the mrsons Affectc.d or liktly to btafrccted by the projcct in particular the facts available to itor to which it has reasonable acce.ss which ic its opinionshould bc known to thcm in the best interests ot- natural'ustioe and romotion of democratic finci les.Section 4(f) (8 For the purposc of this scction

, inrormation skould beDoes not exist in the present Act. disscminated widcly and in a form and manntr which is easily

accessible and comprchensible to thc public. uDisseminatcd''shall mean appropriately making known to the public theinformation to bq communicate..d through notic.e boardsnewspapers, public announcemen? mcdia broadcasts theintemct or other such means and shall include inspection at aIlof the bodics offioes. A11 materials shall be disstminatedkeeping in mind cost cffcctiveness, thc Iocal languagc and themost effectivc methcd orcommunication in that local arta

. Suchinformation should bc easily accessible

, with thc Publiclnformation Offictr, wlwre. possible in electronic fonna: whicbshall ixr available free or at the cost of thc medium or in print atcost rioc.


F.NO. 34011/6/(s)/2004-Estt.(B) Secxc'r 2o (j. FG

SECRET

5. (1 ) Every public authority shall for thc puqloses of 5. (1) Evec public authority shall for thc pulwses of this+is Act, appoint ont or more officers ms Public lnfcrmation Act. designatc as many oflic'crs as Public lnformationOflicers. Officets

, in aIl administrative units and oflices undtrsucb authority, as are necesrkary to render the pvblicbody as accessible as rcmsonably possiblc for requestersof information, within 'ane month of this Act cominginto force.

(a) An offioer at eaoh subzivisional levcl orothcr appropriate sub-district Ievcl, shall bedesignattd a Public lnfonnation Omcer

,within three months of this act coming intoforce, fBr tlw pm-m ses of this Act. Helshvsllall receivc aIl rcques? for infcrmation andappcals, both undcr the state aad the cgmtralacts, afld pass them on to a designatedauthority for onward transmission to tlwrclcvant depaftment/agcncy.(b) Wllert applicationkappeals are handcdover at thc sub divisional or sub-district Icvelan additional period Qf five days would lxaddcd to the time of rcsponse specificd underthis act, in order to enablc the requcst/appealto bc communicated to thc rclevant authority.

(2) Every Public lnformation Officcr shall deal with rcqucsts Rctainf0r information and shall render rcasonable assistancc to anyrson seckin such information.

(3) Thc Public Information Oflicer may seek the assistancc Retainof any other om ccr as he considcrs neccssary for the properdischar e of his duties.(4) Any omcer wbosc assistancc has bccn sought undcr sub- (4) Any officer whose assistance has becn sough! undcr sub-scction (3) shall render all assistance to the Public scction (3)

. shall rendcr a11 assistance to thc Publiclnfonnation Omcer setking his assistance. lnsormation Offiocr seeking bis/her assistancc and be

trcatcd a.s a Public Infbrmation Officer for thc pumoscs ofthe pcnalty provisions in this Act

6. A person œ sirous of obtaining information shall 6. ( ! ) A pcrson desirot)s of obtaining information sball makc àmake a request kn writing or through elcctronic mcans, to the a rcqucst in writing or (hrough elcctronic mcans in

coacerned Public lnformation Officc.r sjxcifying the English or in the official language of the area in whichparticulars of thc information sougbt by him . thc application is being submitted to:

(a) tthc Public lnformation Officcr of the felevantppblic authorisy;

(b) otlKr dcsiglute.d Public Informatioa Officers,ms spccified in 5 ( la )

spccifying the particulars of thc informatioa sought byhim/hcr.

Providcd îhat whcre such rm uest cannot be made in urriting Retainthe Public Infbrmation Officcr shall rendcr aIl rcasonablcassistancc to thc pcrson making the reqacst orally to rcduceit in writin .New Section 6 (2) 6 (2) An applicant fbr access to information shall not b

cDoes not exist in prescnt Act. rzquircd to give any reason for requesting access to that

information or any other Pcrsonal details except thosc necessaryfor conuctin the a Iicant.6 (3) ( 1) Where an application is madc to a Public Authority forN

cw Section 6 (3) information:Doos not txist in thc present Act. (a) which is held by another Pnblic Authority; o1'

(b) thc subject matter of which is more closelyconnected witb the functions of another PublicL

. Authorit ,


F.NO. 3401 1/6/(s)/2004-Estt.(B) 3e=u6T Q I 4 76

DEPARTMENT OF PERSONNEL AND TRAINING SECRET

the Iirst mentioned Ptlblic Autholity shall transfer tlaapplication or such part of it as may be appropriate tothat othef Public Autbority and shall inform lheapplicant immediately of the transfer.

(2) A transfcr of an applicatiort pursuattt to subsction (l)shall be madc as soon as practicable but not latcrthan 5 days aftttr lhe date of rcc.cipt of thc application

7. (1 ) On receipt of a requcst tlnder section 6, the 74 1 ) Spbject to section 5, sub section (1 b) acve and section 7,Public lnformation Officer shall as txpeditiously as possible sub-sedion (3Xa) klow, on receipt of a requcst underand in any casc within thirty days of the rcceipt of the stction 6

, thc Public Infonnation Ofliccr shall asfequest eitiwr provide the informatilm requeste..ö on payment txpeditiously as possible and in any casc within fifteenot- such fee as may bc prescribed or rcjcct the request for any days of the receipt of LF!e requcst, either providc theof th

c remsons specified in scctions 8 and 9. informztion requesttd on p,yment of such fee as may k:tpxscribed or reject the reqtlest for any of the reasonsProvided that wherc the irlformation sought for conccms the specificd in sedions 3 :nd 9

.Iifc and liberty of a pcrson, the samc should bc prnvided Provided that whcre the information sought for concernswithin forty-cight hours of the reccipt of thc rcqucst: thc life and libcrty of a pcrson, the samc should beprovidcd within forty-eight Ilours ofthc rcceipt of thercqucst'

7(2) lf a Public Information Officcr fails to give thc decision (ma roquest for acccss to thc rcquestor concerned within theptriod contemplattd in section 741), tbe PublicInformation Officcr would for the purw ses of this Act

, thereggrded as having rçfused the rtqucst.

Provided further that where it is decidcd to provide the 743) Whcrc it is decidcd to provide the infonnation on paymcntinformation on payment of any ftlrtber tke representing the of any further fec repmscnling the cost of providing the

cost of providing the information, hc 5hall send an intimation information the Public Information Om cer shall send anto thc pcrson making the requcst, giving tbc dclils of the intimation to the person making tl!c requesq giving:fecs determined by him requcsting him to deposit thc fccs (a) thc details of such fees as determincd by him showingznd tlAt period intervcning betwctn tbt dispatch of tht said thc calculations as per the act at prcscribcd ratesintimation and payment of fces shall bc cxcluded for the requesting him to deposit the fecs and thc periodpurposc of calculating the period of thirty days rcferred to intefvening bdwccrt the dispatc,h of th? saiö intimationabovc. and paymcnt of fees shall bc cxcluded for thc pumosc

of calculating thc pcriod of fiftecn days rcferred toabove;

(b) information conceming his/her lights with rcspcct torevicw thc decision as to thc amount of fees chargcdand/or the form of access providcd including thcconlact details of the appellate authority, time limitsprocess and any mlcvant forms.

7 (4) Where access to a rccord or a part thcrcof is to be givcnNew Scction 7 (4) undcr this Act and the person to whom access is to be sjvcn

Does net cxist in tbc prescnt Act. has a sensory disability, thc public authority will providcassistancc to enablc acccss to thc infonnation includingproviding assistance with inspcction as appropriatc.

Ncw Scction 7(5) 7(5Xa) Subjcct to sub-sections (b) and (c) bclow, where acccssD

ots not exist in thc prescnt Act. to information is to bc given in thc form of printed copies,or copies in some other fonn such as on tam , disk film orother material thc applicant shall pay thc prcscrjbed fce.(b) Any fees payablc by tlzc applicant shall btt reasonableand shall in no cmqe exceed thc actual cost of copying thcinfnnnation or in the casc of samples of matcrials thc costof nbtaining the samplc, and shall bc sct via rcgulations at amaximum Iimit taking account of the general principle thatfces sbould not bc sct so high that they unlcrmine tbeobjcctives of this Act in pfacticc.(QNotwithstanding substction (a) whtre a public authorityfails to com l with the time limiks s cified in section 7

,

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any nez'-s to information to which the applicant is entitledpursuant to his request shall be provided frec of charge

.

(2) Btfore taking any decision under s'ub-section (1), thc Retain. Rtnumber 7 (6)Public lnformation Officer shall take into consideration there resentation made b a third art under section l l .(3) Whcre a requcst is rejected undcr sub-section (2), the Retain. Rcnumbcr 7 (7)Public Information Oflicer shall communicate to the personmaking requesq(i) the reasons for such rejection;(ii) the period within which an appeal against such rejectionsmay bc prefcrred;(iii) tlw particulars of tbe apmllate authnrity.

(4) Information shall ordinarily be provided in thc form in Reuin. Rcnumber 7 (8)which it is sotlght unless it would disproportionately divcrt

thc resourccs or the public authority or wnuld bc detrimcntalto the safet or rcscrvation of the record in uestion

.

8. (1) Notwithstanding anything hcrein lfore s(l) Notwithsunding anything contained in this Acq there shallcontaincd, the following infonnation nnt iming information bc no obîigation to give any person:rclating to any matter rctkrred to in sub-section (2), shall bc (a) infcrmation, disclosure of which wonldexemptcd from disclosare, namcly:- prejudicially aftkd the sovereignty an4 intcgrity of

India, the sGcurity, strategic, scientific or cconomic(a) infbrmation tkc disclosure of which wpuld inttrcsts of thc State rclation with forcign Sote or lcadprejudicially affbct the sovereignty and intcgrity of India to incitemcnt of an offinccsecurity of thc State, stratcgic scientific or economic intcrest (b) information which has bcen cxpressly forbidden toof lndia

or conduct of intcrnalîonal relatilms; be published by any ccurt of law or tribunal or the(b) information, tbe disclosure of which would disclosurc of which may constitute ceonttmpt of court ;

prejudlcially affect public safety aftd Qrdtr, dctcction and c) information, 'the disclûsuru of which woulö cause ainvcstigation of an offcncc or which may lead to an brcach of privilegv ol- Parliamcnt or the Stateincitcmcnt to commit an cffencc or prejudicially affect fair Lcgislature ;trial or adjudication of a pcnding case; dlinformation including commercial confidence

, tradesccrcts or intellectual property, thc disclosurc of which(c) information, the disclosurc of which would would harm thc competitivc position of a third party,

prejudicial ly affect the conduct of Centrc-state rclations unless the Competent Autkority is satisfied that largcrincluding information çxchanged in contidencc bctween tbu pzblic interest warrane the disclosure of sucbCcntral and Statc Govemmene or any of thcir authoritics or information ;agencies; (c) infonnation available to a pcrson ifk his fiduci

ary(d) Cabinet papcrs including rccords of dcliberation of rclationship, unlcss thc Competent Authority isthc Council of Ministcrs, Secrctaries and othcr officers' rxatisfied that the Iargcr pvblic intercst warrants thc(e) Minutes or rccmrds or advicc including Iegal disclosure of such infbrmation ;advicc, opinions or recommcndations madc by any ofriccr or (0 information reccived in confidcncc from'foreigna public authority during the decision making proccss prior govcmment;to thc exccutive dccision or m licy formulation; (.g) infnrmation, the disclosure orwhich would(0 T

radc or commercial secrea protccted by law or eadanger the lift or physica! safety of any person orinformation, the disclosure of which would prejudicially identify the sourcc of information or assistance given

aflbct thc Iegitimate cconomic and commercial interests or in confidcncc for law enfbrcemcnt or sccurity purm scsthc compctitive rzositipn of a public authority; or would ;

causc unrair gain or loss to any person; aRd (h) inrormation which would impcde the proccss ofinvestigation or apprchension or prosecution of

(g) Information, the disclosurc of which may rcsult in offindcrs ;'

the breach ot- privilcges of Parliamel!t or tim Laegislature of a. (i) mqbirtet papers including rtcords of dtliberationsSutc, or contravcntion of'a Iawful ordcr of a court. of the Council of Ministers, Secrelaries and other

omcefs provided tha.t the decisions of Council ofMinisters, the reasons thereofk and the material on tbebasis of which thc dccisions werc taken shall bcmadc public after the decision has bccn takcn, andtlw matter is complete or ovcc provided further thatthosc matttrs wbicb come undtr thc extmptionsIistod in Scction 8 shall not be discloscd.(j) information which relates to Grsonal informatiollthe disclosurc of which has no relationship to anyublic activit or interest or which would cause


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unwarranted invasion of the privacy of the individtlalunless tht lnformation Omcer or the aa llate authority

,as the case might bc, is mq'isfied that thc larger ptlblicinterest justifies the disclosurt of such informatioc.

Providcd that the inrormation, which cannot bedtnicd to the Parliamcmt or a Sute lxgislatux

, shallnot bc denied to any person.

Notwithstemding M ything ift tlw Official StcrvtsAct 1923 nor any of the exemptions pcrmiuible inaccor&nce with section 3 (1), a public authority mayallow access to information, if public interest indisclosure outwcighs tite harm to $hc protectcdinterests.

(2) Subjcct to the provisions of clause @) of sub-section 1, (2) Subjcct to thc provisions of clause (a) and (i) of subany informatjon relating to any occurrcnce, evcnt or matter section I nf section 8. acy information relating to anywhich has taken place, oocurre.d or happcned twcnty-live occurrence cvent or matter which has takcn placeyears berorc tbe datc on which any reqpest is made undcr occurred or happcned ten years before thc date onsection 6 sh ll be providv,ö to any ptrson making a request which any rtquest is made undcr scction 6 sball beunder that section: providcd to any

pcrson making a. rcqucst unler thatscction.

Provided that thc matte!s covcrcd by Subescction î(a)and Sub-section 8(i) may be discloscd after twenty-five years.

Providcd that where any question arises as to thc datc from Providcd that where any question ariscs as ta tbe datcwhich the said period of twenty-livc years has to bc from which the said pcriod of tcn years or twcntpfivecomputed, tbc dccision of thc Central Govemmcnt shall be has to tx computed

, thc decision of the Unionfinal. Govcrnment shall bc Gnal subjcct to the usual appeals

providtd for in this act.

9. Witbout prcjudice to the provisions ef scction 8. A 9. Without prcjudicc to thc provisions of section 8, a Publicpublic information officer may reject a rcquest for Information Officcr may rejcct g rcquest for informationinformation also whcre such rcquest- whcrc such a reqpest fbr providing acccss would ilwolve an

inflingcment of copyright subsisting in a person othcr than(a) is tQo gcncral in nature or is of such a naturc that having the State.rcgard to the volumc of infbrmation require,d to be rctrievedor proccsscd would involve unreasonablc diversion oj- theresourccs a public autbority or would advelsely interfcrewith the functitming of sucb authority:

Providcd that where such rcqucst is rejectcd on thc groundthal thc request is too gcncral, it would bc thc duty oî thcPublic lnfbrmation Officer to rendcr hclp as far as possiblcto the person making request to reframc his request in stlch amanner as may f'acilitate complianc.e with it;

(b) rclates to infonnation that is requircd by 1aw rulesrcgulations or ordcrs to be publishcd at a particular time andsuch information is likcly to bc so published within thirtydays of the receipt of such mquest; or

(c) relates to infbrmation that is contained in publishedmatcrial availablc to public;

(d) relates to information which would causc pnwarrantcdinvasion of thc rivac of an rson.


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SECRET10. (1) If a request for arzvr.s to information is mjected Retainon the ground that it is in mlation to infonnation which isexemptcd from disclosure thcn notwithstanding anythingcontained in this Acq access may be given te that part of (hertcord which does not obtain any information that istxcmpled from disclosarc under this Act and which canreasonably be sevcred from any part that conœins exem'ptedinformation.

10.(2) Whcrc access is granted ttl a part of tht rccord irt 19(2) Wiktre aocess is glante.d to a part of tht record in

accordancc with snb-scction (1) the person making the accorclance Nvith sub-section (1), the Public Informationrcquest shall bc informed.' Officer shall send a notice to thc applicants advising:(a) that only part of thc

record requested, aftcr (a) that only part of the record requcstcd, atter severanceseverance of the record containing information which is of the reoord containing infonnation which isexempted from disclosurc, is Ging %mished; and txempttd from disclosurc, is hing furnished; and(b) of the

provisions of the Act undcr which thc severed (a) Thc remsons for thc decision; including any findings onpart is excmptc.d from disclosurt. any material qucstions of fack rcferring to the material

on which thosc Gndings wcrc based;(b) Tile rkamo afsd dcsignation of tlm Krson giving tht

dccision; and(c) Details of the fee.s dctcrmined by him/her and

requcsting thc applicant to dem sit the fees;(d) Information concefning his/her rights with rcspcct to

revicw of the dccision regarding non-disclosure of partof thc information thc amount of fecs charged and/orthc ferm of access provided including the contactdetails of the appcllate body, tirne Iimits, process andany rclevant fonns;

( l l ). ( l ) Wherc a public authority intcnds to disclose any 1 l . (1) Wherc a Imblic authority intencls to disclose aûyinformation or record or part thereef on a request made information or record or part thereof on a request madeundcr this Act which relata to, or has been supplied by a tlndcr this Act wkich relates to

, or has becn stlpplied bythird party and has been trcated as confidcntial by that third a third party gnd has bccn treatcd as confidential by thatparty, the Public lnformation Officer shall

, within twenty- third party, the Public lnformation Omcer shall, withiniive öays from thc rcceipt of a requcst givc written notice to Iive days from the receipt of a rcqucst give writtcnsuch third party of the request and of the fact that thc public noticc to such third party of the rcqucst and of thc factauthority intends tcj digclose titt informfttion or rccord or slut th= public authority intends to disclnse thepan thercof: information or record or part thercof and invite thc thirdProvided that except in thc case of trade or commcrcial party to makc a submissioa irt writing or orallysccrets protected by Iaw, disclosurc may bc allowed if the mgarding whdher thc information should bc disclosed

,public interest in disclosure outwcights in imm rtance any which submission shall bc takcn into account whenpossible harm or injury to thc interests of such party. detennining whether to disclose the information

.(2) whcrt a notice is givcn by the public information officerundur sub-section (!) lo a. third party in rcspect of any Providcd that cxccpr in the case of trade or commercialinrormation or record or part thcreotl thc third party shall sccrcts protecte

.d by Iaw disclosure may be allowed if'within twenty days from the date of issuancc of retioe be the public intercst in disclosurt outweilts ingiven the opportunity to makc rcprcscnution against the importancc any possible hgrm or injury to thc interestsproposed disclosurc of such party

.(3) Notwithstanding anything contained in section 7, thepublic information ofticer shall within sixty days aftcr (2) whcrc a notic.c is given by thc public inrormationreceipt of the request undcr section 6 if the third pany has officer under sub-section ( I ) to a third pafty in respect ofbeen given an opm rtunity to make rcprcscntation under su& any information or rccord or pazt thcreof thc third pallysection (2) make a docision as to whether or not to disclose shall within ten days from the date of issuancc of noticcthc information or record or part thereof and give in weriting be givcn thc opm rttlnity to makc reprcscntation againstthe notic,e of his decision to tttc tlûrd party. tht propose.d disclosurt(4) A notice given undcr sub-scction (3) shall includc a (3) Notwithstanding anything contained in scction 7 thestatement that the third party to whom tht noticc is given is public information officer shalj witkin twenty days aNcrcntitlcd to prefer an appeal against the dccision undcr section receipt of the requcst und

or section 6, if thc third pcu''tyl 2. has bccn givcn an opportunity to make represtntation

undcr sub-section (2), make a decision as to whtther ornot to disclose tke information or record or part thcmofard givt in writing the notice of bis decision to thc third

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(4) A notiœ given undtr sub-sedion (3) shall includt astatemcnt that thc tbird party to whom the noticc is givenis entitlcd to prefcr an appeal against the dtcision undtrsection 1242).

Scction 1241) 141): (iXa) n c Prcsident shall appoint or dcsignaz a ChiefInformation Commissioner for alI matters ydaining to

& new section to bc introduced the Union. Such appointmcnt shall be madc on the bris

of a recommendation madt by an AppointingCommittec prtsided bj the Prime Minister, wi+ th=Leadcr of Opposition In tht Lok Sabha and the ChicfJustice of India ms members.(i)(b) n e Governor shall appoint or designate a StatcInformation Commissioner fbr al1 matters pcrtaining tothe Statc. Such appointmcnt shall be madc on tlw basisof rccommendation made by an Apm inting Committecpresided by thc Chief Minister, with thc Leadcr ofOpm sition in the Legislative Assembly and lhc ChiefJustice orthc High Court as mcmbers.(ii) Information Commissioncrs may bc appointed bythc Prcsident or the Govemor as tht case may be, inconsultation with the appropriate ApN intingCommittce and thc Chicf Inrormation Commissioncr orState lnformatîon Commissioncrs, as tlx cast may be.(iii) Every Chicf lnformatinn Commissioner, StateInformation Commissioncr and InfbrmationCommissitmcr sball bc a yrson with widc kcowleedgeand cxy rience of administration and governanceand/or a pcrson with high public stature.(iv) The Ckief Infonnation Commissioncrs and apyInformation Commissioners shall not be membcrs ofParliament or mcmbcrs of the Legislative orany State orUnion Territory gnd shall not hold any other office ofprofit and shall not be connccted with any political partyor bc carryint on any business or practice anyprofession;(v) The rcquisite budgeta!'y allocations for thccmoluments and txpcnses. including office txpenses, ofthe Chief Infonnation Commissioner and of othcrInrormation Commissioncfs will bc providcd by theGovernment of lndia tbrough spccial budgetacprovisions made availablc to the respective states nut ofthe Union Gûvcmment Budgct.(vi) The Chief Information Commissioner and of otherInformation Commissioncrs shall functionautonomously without bcing subjected to dircctions byqny otiwr authority and would be under thcadministrativc control of the Govcrnment or India,M inistry of Pcr-lonnel, Admiaistrative Reforms ardPublic Gricvanccs.(vii) Evcry yrson apm inted as a Chief InformationCommissioncr of an lnformation Commissioner sballhold ofrice for a tcrm of five years from the date onwhich he entcfs tlpon his omce. Hc/shc will not beeli ibke for rea ointment.

l2. (1 ) Any person agglieved by a dccision of the l2. (2) (i) Any pel'son who docs nat receivc a decision in thePublic information ofliccr may, within thirty days of' rcccipt timc pcriod specilicd in Section 14 1) or 7(3)(a) abovc

, orof such decision, prcfer an aplxal to such authority as may is aggrieved by a decision ol' thc Public informationbc prescribed: officer may

, within thiny dcs ()f thc expify of such aProvided that such authority may cntcrlain the appcal after pcriod or of xccipt of stlch a decision prefer an aptxalthe expiry of thc said period of thirty days if it is rtisfied to an appdlate guthority prcscribed for thc pulm se inthat the apm llant wmq prcvcntcd by sum cient caux from each dc artment and senior in rank to thc Public?filin thc a l in time

. Infbrmatlon Officcr.

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(2) A second appeal against the dexision under sub-sedion Provided that such authority may entertain the appeal(1) shall Iit within thirty days of such decisifm, to the Central after the expiry of the said period of thirty days if it isGovemmcnt or the Slate Government or the comm tent satisfied that the appellant was prcvc-nted by sumcientauthority, as thc casc may be: catse from filing the apyal in time.Provided that thc Centra.l Govtmment or the State (ii) A second appeal against thc decision (or lack of it),Govemmcnt or the comytcnt authority, as the cxse may bc, under sub-scction (i), shall lie within 90 days from themay cntertain the appeal after the expiry of the said period of time by which the decision sbould havc lxcn madc ortbirty days if it is satisfied that thc appellant was prcventcd was actvally received, w1t11 thc rclevantb)' sufficient cause from filing the appeal in timc. Chicf/state/lnformation Commissioncr;(3) Thc apmals rcferrcd to in sub-sections (1) and (2) shall Providcd that thc rclevant Chicf/state/lnformationbt disposed of within thirty days of the receipt of such Commissioner may entertain an appeal aher the expiryappcals or within such cxtcnded pcriod as thc casc may be of thc said pcriod of nincty days if it is satisfied that thefor reasons to be recorded in writing. apyllant was prevented by sufficient cause from filing(4) If thc decision of the public information ofticer against thc appeeal in time.which tbe appeal is preferrcd undcr sub-section (1) or (2) (iiilWhcrc an appeal is ling prelkrred againstalso relates to information of third party, the apm llate an Qrdcr madc by the Public Infonnationauthority shall givc a reasonablc opportunity of being heard Officer undcr Section l l to disclosc çtthirdto that third party. party'' information , thc appcal by thc

concemed third party must be made withinthirty days ofthc ordcr.(ivllf the decision of the Public InformationOfficer against which the appeal is prcferredrclatM to infonnation of a third party, therelevant Information Commissioner shall give arcastmable opportunity of bcing hcard to thatthird party.(v) In any apmal procccdings, the onus toprove that a denial of a rtquest was justifiedwill lx on the public authority that dcnicd thcrequcst.(vi) Appeals tc any appcllatcauthority/lnformation Commissioner shall bcdism scd of within thirty days of thc rcceipt ofthe appealszor within such extended pcriod notcxceacding a total of forty five days from thcdatc of filing of appcal, for rcasons to berecorded in writing.(vii) Thc decision ()f the InfbrmationCommissioner shall be binding.(viii) In his/her decision, the rclcvantlnfbrmation Commissioncr has thc power to:

(a) require the public authority to take any suchsteps as may bc neccssary to bring it intocompliance with the Act including by;(i) providing access to information

including in a particular form;(ii) appointing an information officcr;(iii) publishicg ccrtain infonnation and/or

catcgorics of information;making ccrtain changes to itspractices in relation to the kceping,nlanagcmcnt and dcstruction ofrccords;

(v) enhancing the provision of trainingon the right to information for itsoflicials;

(vi) providing him or hcr with an lmnualreport, in complianoe with section4(b);

(b) rcquire the public body to compensate thecomplainant for any Ioss or other detrimentsuffcred;

c im se an of tht -nalties available under this

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Act;(d) rejcct thc application.

(ix) n e Information Commi%ioner shall sel'venotice of his/hcr decision, including any rightsof apmal, on both the complainant and thepublic authority.(x) A decision of the InformationCommissioner may be aplxaled to the HighCourt or thc Supremc Courta on any point offact and law.

Section l 243) 12(3) Powcrs of thc Chicf Information Commissioncr/statclnfbrmation Commissioners/lnformation

A new scction to be introduced Commissioncrs(1) Subject to this Acq the Chief InformationCommissioncr /state InformationCommissionerO nformation Commissioncrs shallrcceivc and investigate complaints from persons:

(a) who havc bccn tlnablc to submit a rcquest to aPublic Information Officeer eitber because nonehas bccn appointed as rcquired under thc Act orbtcause the Public lnformation Officer hasrcfused to acccpt thtir application'(b) who have bccn refused access to infbnnationrcqucstcd under this Act'(c) wko have not bccn given a resm nse or accessto information within the time Iimits requircdunder this Act'(d) who have lxen fequired to pay an amountundcr thc fccs provisions that they considcrunreasonable;(e) who Ylicve that they have been givenincomplete, misleading or falsc information undcrthis act'(9 in rcspect of any othcr matter rclating torequcsting or obtaining acccss to rccords underthis Act.

(2) Whcre a Chief Infbrmatitm Commissioncr/statcInfonnation Commissioner/lnfbrmation Commissioneris satisficd that there arc reasonablc grounds toinvestigate a matter relating to rcquesting or obtainingacoess to records under this Act he/she may initiate acomplaint in respect thereof.(3) The Chief Information Commissioncr/statcInformation Commissioncrs/lnformationCommissioncrs have in relation to the carrying out of

. the investigation of any complaint undcr this ActPowcr:

(a) to summon and enforcc the appearancc ofpcrsons and compcl thcm to give oral orwrittcn evidence on oath and to produce such .documents and tbings as thc Commissionerdccms rcquisitc to thc full invcstigation andconsidcration of the complaint in the samcmanner and to tht same extcnt as a suyriorcourt of reoord;

(b) to administer oathsk(c) to receive and aocept such evidcncc and othcr

information whcthcr on oath or by affidavitor othefwise ms the rclevant InformationCommissinncr sœs fit whclher or not thecvidence or informatioik is or would bcadmissible in a court or law;

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(d) to enter any prcmisr,s occupied by anygovernment instîtution on satisfying anysecurity requirements of the institutionrelating to the premises;

(e) to converse in priva.te with any person in anypremises entered pursuant to paragraph (d)and othenvise can'y out therein such inquirkeswithin the authority of the Chief InformationCommissioner under this Act as theCommissioner sees fit; andto examine or obtain copies of or extractsfrom books or other records found in anypremises entered pursuant to paragraph (d)containing any matter relevant to theinvestigation.

(g) To impose tht penalties prescribed under thisact, after giving due opportunity to theconcemed official of being heard.

(4) Notwithstanding any nther Act of Pmliament or anyprivilege under the Iaw of evidence an ChiefInformation Commissioner /state InformationCommissioners/lnformation Commissione!s may,during tke investigation of any complaint under thisAct, examine any record to which this Act applies thatis under the control of a govemment institutitm and nosuch record may be withheld from any Commissioneron any grounds.(5)AlI the powers of the Chicf InformationCommissioner would also be enjoyed by the StateInfonnation Commissioners and other InformationCommissioners, within theirjurisdictions.

Section 12 (4) 1244) PenalticsNew section to be inserted. (1 ) Subject to sub-section (3) where any Public

Information Oflicer has without any reasonable causefailed ttl supply the information soughta within theperiod specified under section 74 l ) the relevantInformation Commissioner shall on appeal impose apenalty ot- rupees two hundred and fifty, wbich amountmust bc increased by regulation at least once every fiveyears, for each day' s delay in funlishing theinformations after giving such Public InformationOfficer a reasonable opportunity of being heard.

(2) Subject to sub-section (3) where it is found in appealthat any Public Infonnation Officer has -(i) Refused to receive an application for

. . information;(ii) Mala fide denied a request for infonnation;(iii) Knowingly given incorrect or misleading

information(iv) Knowingly given wrong incomplete

information(v) Destroyed information subject to a requesta or(vi) Obstructed the activities of a Public Information

1 Officer, any lnfonnation Commissioner or thecourts;

He/she would have committd an effence and will be 'liable upon summary conviction to a fine of not lessthan rupees tsvo thousand and imprisonment of up tofive years, or both.

(3) An oflicer whose assistance has been sought by thePublic Information Ofticer for the performancc ofhis/her duties under this Act shall be Iiablc for enait

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as prescribe.d in sub-sections ( 1) and (2) jointly withthe Public Information Oftioer or sevemlly as may bcdecide.d by the relevant Infonnation Commissioner.

(4) Any fincs imposcd undcr sub-sections (1), (2) and (3)shall lx recoverable from the salary ofthe concemedofficer, including tht Public Information Officer, or ifbno salary is drawn as an azi'ears of lanl revenuerecoverable within a. maximum ofsix months of thcordtr imposing the fint.

(5) n c Public Information Officer or any other officer onwhom tbc penaity under sub-sections (1), (2) and (3) isimpose.d shall also bc. liable to appropriate disciplinaryaction undcr thc scrvicc rules applicablc tq him.Provided that in cases where the oflicer is provedguilty of dclibcrate denial of information ormisinformation, the punishmcnt imposed shall be amajor pcnalty, i.e., dismisnl or removal or rcduction irirank.

CHAPTER lll MISCELLANEOUS CHAPTER 1II MISCELLANEOUS

l 3. No suit prosecution or othcr lcgal procecding shall Retainlie against any person f0r anything which is in good faithdone or intended to be done under this Act or any rule madethereundcr.l 4. Thc provisions of this Act shall havc effcct not Retainwithstanding anything inconsistent therewith containe.d irlthc Official Sccrcts Act 1923 and any other law for thc timcbeing in force or in any instrument having efrect by virtue oran law other than this Act.1 5. No court shall tntcrtain any suita application or Rctainother proceeding in respect of any ordtr made under this Actand no such order shall bc called in qucstion otherwise thanb sva of an a %1 under this Act.l6. (I) Nothing containcd in this Act shall apply to thc 1 6. (1 ) Nothing containcd in this Act sball apply to thcintelligence and security organisatitms specified in the intelligence and sccurity organisations spccified in theSchcdulc bcing organisations established by the Ccntral Schcdulc being organisations establishcd by the UnionGovemment or any information furnished by such Governmcnt or any information furnished by suchorganisations to that Government. Qrganisations to that Govem ment.(2) The Ccntral Govemmcnt may. b)' notification in thc Provided that inlbrmation pertaining to.omcial Gnz.ette, amend the Schedule b)' including therein alleged violations of human rights, to the life andany othcr intelligcncc or sccurity organisation establishcd by liberty of human bcings and to thc allegations ofthat govemment or omitting therefrom any organisation corruption will not be excluded under this clause.alrcady spccificd thcrcin and on thc publication of such (2) Thc Union Govemmcnt may, by notification in thenotification. such organisation shall bc deemed to be omcial Gaz-ette, amend thc Schcdulc by includingirtcludod in or lks the case may be omittcd from thc therein any other intelligcncc or sccurity organisationSchcdulc. tstablishe.d b that govcrnmcnt or omitting thcrefrom!(3) Every notification issucd undcr sub-section (2) shall bc any organisatlon already specificd thcrein and on theIaid bcfore each house of parliament. publication of such notification such organisation sha'll(4) Nothing contained in this Act shall apply to such be deemed to bc included in or as the casc may bcintclligcncc and security organisations which may bc omittcd from thc Schedulc.specified by a notification in thc omcial gazcttc, by a state (3) Every notifiœtion issucd under sub-section (2) shallGovernmcnt from time to time. be Iaid before each house of parliamertt.(5) Eve!y notification issucd under sub scction (4), shall lyc (4) Nothing oontaincd in this Act shall apply to suchIaid bcfore thc statc legisjature. intclligcnce and security organisations which may be

specificd. by a notification in the omcial gazette, by astate Government from timc to timc. Provided thatinformation pertaining to alleged violations of humanrights, to the life and iibcrty of human bcings and to thcallegations of corruption will not be cxcludod underfhis clause5 Ever notitimqtion issued undcr sub scction 4

F.NO. 3401 1/6/(s)/2004-Estt.(B) Seczzi'r 3: % IC

DEPARTMENT OF PERSONNEK AND TRAINING SECRET

shall be laid G fore the state Ic islature.Section 16A: 16A Monitoring and Re> rting

l . The Chief Information Commissioners/state InformationNew section to be inserted. Commissioners/lnformation Commissioncrs shall as soon

as practicable after the end of each yoar, prepare a report onthe implcmentation of this Act during that ycar and cause acopy of tiie report to lx laid before tbe legislatures of theconccrncd statc and each Housc of thc Parliament.

2. Each responsible dcpanment/ministry shall in relation tothc public authorities within theirjurisdiction, collect andprovidc such in'formation to the Chicf/statc/ InformationCommissioncrs as is rcequirtd to prcparc the rcpol't underthis section, and shall comply with any prcscribcdrcquircmcnts conccrning the furnishing of that informationand the keeping ol- records for the purpose.s of this scction.

3 . Each report shall at a minimum state in resm ct of the yearto which the report rclatcs:(a) thc number of requcsts made to cack public authority',(b) tllc numbcr of decisions that an applirant was not

cntitled to acccss to a document pursuant to a request,thc provisions of this Act under which these decisionswerc made and tht number of timts each provision wasinvokcd.

(c) thc numbcr of apyals sent to the InformationCommissioners for review thc naturc ot-thccomplaints and thc outcome of the appcalsi.

(d) particulars of any disciplinary action takcn against anyofficer in respect of the administration Qf this Act;

(c) the amount of charges collectcd by each publicauthority undcr this Act;

(0 any facts which indicatc an efrort by public authoritiesto administcr and implemcnt the spirit and intention ofthis Act;

(g) recommendations fbr rcform includingrecommcndations in resrct of particular publicauthoritics for the dcvclopmcnt impfovcmentmodcrnisation reform or amendment of this Act orother legislation or common law or any other matterrclevant to opcrationalising the right to acoessinformation as appropriatc.

4. The Union Governmect Ministry responsible for theadministration of this Act as soon ms practicablc after thecnd of each year preparc a summary repo!t on thcimplcmenution of this Act during that year and cause acopy of thc report to be laid bcfbre the coccemed statelegislaturcs and tach Hollse orthc Parliamcnt, drawing onthc information provided in the reports of the ChicfInfonnation Commirxsioncrs for cach Statc.

5. If it apptars to any Chicf Infbrmation Commissioncr thatthe practice of a public authority in relation to the exerciscot- its functions undcr this Act does not confnrm withprovisions or spirit orthc Act s/he may give to thcauthority a recommcndation specifying the steps whichought in his/hcr opinion to be taken for promoting suchconformity.

Saction l6B 16B (1) n c Govcmment must, to the cxtent that financial and' othc.r rcsouroes arc available:New section to be inserted. (a) develop and conduct cducational

programmes to advance theundcrstanding of tbc public in particularof disadvalltaged communitics of thisNotification and of how to exercise the

F.NO. 3401 1/6/(s)/2004-Estt.(B) S C z.Ik%5 31 o.l 7C


rights contcmplatr.d in this Act;(b) (mcouragt public authoritic to participate

in the dtvelopment and conduct ofprogrammes referrcd to in parapaph (a)and to undertake such programmesthemselves; and

(c) promotc timely and effectivedissemination of accufate information bypublic authorities a% ut tbcir activities.

(d) train information officers of publicauthorities and/or produce relevanttraining materials for use by authoritieskhcmsclves.

(2) n e Govcmment musq within 18 months of this Actcoming into force, compile in each omcial Ianguage aguide containing stlck information in an emsilyœmprchensible form and manncr as may reasonablybe required by a person who wishcs to exercise anyright contemplatcd in this Act.

(3)ne Government must, if necerxsary, update and publishthc guide at regular intervals The guide must, withoutlimiting the generality of subsection (2), include adcscription of-

(a) îhe objccts or this Act;(b) shc. posul and stret.t addrcss phon? and

fax numbcr and if available electronicmail addrcss of the Public lnformationOmcer of evc!y public authority asappointed undcr sub scction (1 ) of section5

(c) thc manntr and form of a request foraccess to a inrormation of a publicauthority'

(d) the assistance available from and theduties of Public lnformation Officcrs of apublic authority in tenns of this Act;

(e) thc assistancc availablc from theInfbnnation Commissioners in terms ofthis Act;

(t) all rtmtdits in law avaiiablc regarding anact or failure to act in respect of a right orduty conferrcd or imposed by this Actincluding thc manner of Iodging anappcal with thc appcllatc authorities/Chief/state,/ Information Commissionersand a court against a dccision by thePublic Information Officer of a publicauthnrity;

(g) the provisions providicg for the voluntarydisclosure of categories of records inaccordance with scction 4;

(h) the notiœs regarding fees to be paid inrelation to requests for access; and

(i) any additional rcgulations or circularsrckcvant to obtaining acccss toinfollnation in accordance with this Act.

(4) n c Governmcnt musk if neceraly update andublish the uidc at re ular intervals.

17. (l) The Centcal Governmcnt may by notification ic Retainthe Omcial Gazette make rules to carry out the provisionsorthis Act.

(2) In pqrticular, and without prejudioe to the generality of Retainthc forc oin wer such lules ma rtwide for al1 or an of

F.NO. 3401 1/6/(s)/2004-Est(B) GEG C'F 3,- og 7%


thc followin matters namcl(a) intewals at wbich mattcrs Retainreferred to in sub-clauses (i) to (vi) of clause (b) of sedion 4shall be ublished.b The feec a able undcr sub-section l ol- scction 7; Retain(c) The atltbolity before wbom Reuinan apyal may bc preferred under sub-section (1 ) of sectionl 2.

(d) any other matter which is required to be or may 1, Rtuinrcscribcd.l !. (1) n c Statc Govcrnmcnt may, by notification in Retainthe Omcial Gazdte make rules to c'arry out the provisionsof thc Act.(2) ln particular, and without prcjudioe to the gcncralily of Retainthe foregoing m wer, such rules may providc for al1 or ally of'the followin matters namel :-(a) the fee a able undcr sub-section I orscction 7: Rctain(b) thc authority lxfore whom an appeal may ix Retainrefcrred undcr sub-section 1 of section l2:(c) any other matttr which is required to be or may bc Rclinrescribcd:Provided that initially thc rulcs shall bc madc by thc Ccntral RetainGovernmcct b notification in the oflicial azette.l9. (1) The compctent authority may, by notificatilm in Reuinthe official gazette make rules to carry out the provisions ofthis Act.(2) In particular, and without prejudicc to the gcnerality ot- Rctainthc forcgoing power such rules may providc for all or any ofthc followin matters, namel :-a thc fec a able under sub-section 1 ot- section 7: Retairl(b) the authnrity befbre whom an ReKica eal ma be referrcd under sub-sectiort l of section 12,,(c) any other matter which is requirtd to be, or may bc, Retainrescribcd.20. ( 1) Evcry ruie madc by thc Central Govcmmcnt Retainundcr this Act shall bc laid as soon as may bc aftcf it ismade, befbre eacb house of parliament whilc it is in sessionfor a total period ol- thirty days which may be compriscd in0nc session or in two or more succcssivc sessions and irbcforc the expiry of' the session immediately following thesession or the successive stssions aforcsaid both houscsagree in making any modification in the rulc or both houscsagree that the rule should not lxl made thc rule shallthcrcaftcr havc cffcct only in such modiûcd from or tt of noeflkct, as the case may be so however that any suchmoditication or annulment shall be without prcjudicc to thevalidit of an hin rcviousl donc under that rulc. '

(2) E vcry rule madc under this Act by a Statc Govcrnment Rctainshall bc laid as soon as may bc aftcr it is notificd bcfore thcState Le islature. .2 l . (1) If any dimculty ariscs in giving effect to the Reuinprovisiocs of this Act th: Central Government ma by' ï.,order publised in the om ciai gazettc, make such provlsionnot inconsistcnt with the provisions of this Act as apya.r to itto bc ncceessar or cx ditmt for rcmoval of the diflicult :Provided that no such ordcr shall ix madc after thc cxpi!y ()f' Relina period of two ycars from the datc of commcncement of thisAct.(2) Every order made undcr this section shall as soon as may Retainbe after it is made be laid beforc the houses of arliament.

F.NO. 34011/6/(s)/2004-Estt.(B) letae-r 33 4. 7G


THE SCHEDULE THE SCHEDULE(See section l6) (See section 16 (1))

Intelligencc and Security Orgcisations Established by the lritelligence and Security Organixtions Established by theCcntral Govcmment Ccntral Govcmmtnt

l . Intelligence Burcau. 1. Intelligcnce Bureau.2. Research and Analysis W ing of the Cabinct Secrelriat. 2. Research and M alysis.W ing of the Cabinet Secrcariat.3. Dircctorate of Revenuc lntelligence. 3. Directoratc acRcvcnue Intclligtnce.4. Central Ex nomic Intelligenc.c Bureau. 4. Ccntml Econômic lntelligcnc,e Bureatl.5. Directoratc of Enforcement. 5. Directorate of Enforcement.6. Narcotics Control Bureau. 6. Narcotics Control Bureau.7. Aviation Rcscarch Ccntrc. 7. Aviation Rcscarch Ccntre.8. Special Frontier Force. !. Spccial Frontier Force.9. Border Sxurity Forcc. 9. Bordtr Sccurity Forcc.10. Centrai Rcserve Police Forcc. l0. Central Rcscrve Poliœ Force,1 l . Indo Tibctan Border Police. l 1. Indo Tibetan Border Policc.l2. Central Industrial Security Force. l2. Central Industrial Security Force.13. National Security Guards. 13. National Sccurity Guards.l4. Assam Ritles. 14. Assam Rioes.15. Special Service Burmqtl. I5. Special Sclvice Burcau.16. Spccial Branch (ClD), Andaman and Niccbar. l6. Special Branch (CID), Andaman and Nicobar.l7. n c Crime Branch-clD, - CB, Dadra and Nagar Havcli. l7. Thc Crime Branch-clD, - CB, Dadra and Nagar Haveli.l8. Directoratc of Vigilancc including Anti Corruption l s. Directoratc of Vigilance includinq Anti Conuption Branch,

Branch, National Capital Territory of Dclhi. National Capital Tcrritory of Delhl.19. Special Branch, Lakshadwccp Police. l9. Sycial Bcanch, Lakshadweep Pelicc.

F.NO. 34011/6/(s)/2004-Estt.(B) GCL/GJ 3# 6 7G

DEPARTMENT OF PER3ONN-EL AND TRAINjNG

A N M E y u R E - .7: tr.on uSECRET

RIGHT TO INFO RM ATIO N ACT

PREAM BLEA Bill to operationalise tl!e right to infonnation by setting out the practical regime for people to secure acoess to

infonnation under the control of public authorities, consistent with public interest, in order to promote openness,

lransparency and accounlbility and in relation to matters conntcted therewith or incidenta.l thereto.

Cbapter 1: PRELIM INARY

(1 ) This Act may be called the Right to Information Act 2004(2) It extends to the whoie of India except the Sote of Jammu and Kashmir.(3) lt shail come into force within 120 days of it being enacted.(4) Where Sute legislation exists deaiing with the right to access information, a person will have the rightto seek information undtr the State law as well as unde? this Act, if the information pertains to a subject

under the State List in Schedule 7 of the Constitution of India.

(5) Objectives ot-the Act: The objectives of the Act are to -(i) give effect to the Fundamcntal Right to Information, which will contribute to strenglhening

democracy, improving governance, increasing public participations promoting transparency

and accountability ln Union, State and Local Self Govtrnment Institutions.

(ii) establish voluntary and mandatory mechanisms or procedare.s lo give effecl lo right toinformation in a manner which enables persons to obtain access to records of public

authorities in a swih, effective, inexpensive and reasonable manner.

(iii) promote (ransparency, accourltability and effective governance of all public authorities by,including but not limited to empowering and educating al1 persons to:

understand their rights in tenns of this Act in order to exercise.their rights in

relation to public authorilies',

underslnd the functions and operation of public authorities; andeffectively participating in decision making by public authorities that afrect.s their

rights.

In This Act unltss the context othetwise requires:

(a) ttappropriate Gevemment'' means in relation to a public authority esàblished, coastituted, owned,substantially financed by funds provided directly of indirectly or controlled-

(i) by the Union Government, the Union Govenunent;

(ii) by tlle State Govemment, The State Government;

(iii) by the Union territory, n e Union Govemment;

(b) tçcompetent authority'' means-(i) the Speaktr in the case of the House of the People or the Legislative Assembly and theChairman in the case of the Council of States or the Legislativc Council;

F.NO. 34011/6(s)!2004-Estt(B) SECRET as 76

DEPARTM ENT OF PERSONNEL AND TRAINING SECRET

(ii) n e Chief Justice of India in the caase of the Supreme Courq(iii) 'lxe Chief Justice of the High Court in the case of a High Court;(iv) 'I'ht President or tht Govemor. as the case rnay be, in case of other authorities created by or

under the Constiration:

(v) the admiiiistlator appointed under article 239 of tlu Constitution;(c) 'êchief Information Commissioner'', 'tlnfonnation Commissioner'' and çtstate Infonnation

Commissionep' means the authorities so appointed under this act

(d) tsright to information'' means the right to access information held by, legally accessible by or under the

control of any public authority and includes:

(i) Inspection of wolks, documene, records;(ii) Taking notcs and extracts and obtaining certified copies ofdocuments or records;

(iii) Taking certised samples oî material;(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any

other electronic mode or through printouts where such information is stored in a computer

or in any other device.

(e) S'information'' means any material in any form, including records, documents. file notings, memos,emails, opinions, advices, press releases. circuTars orders logbooks, contrace, reports, papers, samples,

modeis, data, material held in any electronic form and any inlbrmation relating to a private body which can

be accessed by a public authority under any law;

(9 Stprescribed'' means prescribed by rules made under this Act by the appropriate Government or the

competent authority, as the case may be;

(g) S'public authority'' means any authority or body established or constituted,-

(i) by or under the Constitotion;(ii) by any Iaw made by the appropriate Govemment. and includes any other body owned orcontrolled by the appropriate Government and includes panchayati raj institutions and othercommunity bodies, Iike district councils, and village or locality durbars, performing public

functions in areas notified under schedule 5 and 6 of the Constitution.

(h) Qçpublic Information Oflicer'' means the Pubiic Information Omcer appointed under sub-section (1)

and/or (1)(a) of section 5', .. . .

(i) Sçrecord'' includes-(i) any document, manuscript and tile;(ii) any microfilm. microfiche and facsimile copy of a documenq(iii) any reproduction of image or images embodied in such microtilm (whether enlarged or not):

= d

(îv) any other material produced by a computer or by any other device.(j) 6tthird party'' means a person other than the person making a request for infonnation and includes a

public authority.

F.NO. 3401 1/6(s)/2004-EstNB) SECRET 36 $ '/û

DEPAR- T-MENT O -F PERS-ONNEL AND TRAINING

CHAPTER 11

SECRET

FREEDOM OF INFORM ATION AND OBLIGATIONS O F PUBLIC

AUTHO RITIES

Subject to the provision of this Act, a11 pefsons shall have the right to information.

Every public authority shall-

(a) maintain all its records, duly catalogued and indexed, in a manner and form which facililtes the rightto information as provided for in this Acta including ensuring that aII records, covered by the Act that are

appropriate to compnterise, are within a reasonable time and subject to availability of resources,computerised and oonnected through a network alI over the country on diflkrent systems so tbat authorised

access to such records is facilitated.

(b) publish witbin 6 months of this Act coming into force and thereafter update at least evtry 12 months-

(i) n e particulars of its organisation, functions and duties.

(ii) The powers and duties of its offioers and employees(iii) Procedures followed during the decision making process, including chains of supervision

4.

and accountability.

(iv) The norms set by the public authority for the discharge of its functions.(v) Rules, regulations, instrtlcticms, manual and records held by or under its control ttsed by its

employees for discharging its functions.

(vi) A statement of the categories of documents that are held by or under the control of the

public authority.

(vii) Particulars of any arrangement that exists for consultation with, or represenation by,members of the public in relation to the formulation of policy in, or in the administration

of, the public authority.

(viii) A statement listing all boards, councils, committees and other bodies constituted by two ormore persons', that are part of, or that have been established for the purpose of advising,

the public authority, and whose meetings are open to the public or the minutes of whose

meetings are available for public inspection;A directory of their public servants, fromghe lec l of the head of the department or his/her

equivalent and below;

(x) The monthly remuneration received for each position, including the system of

compensation ms established in regulations',

(xi) lnfonnation concerning the budget assigned to each agency, including aII plans, proposedexpenditures and repore on disbursement,

(xii) Tht design and execution of subsidy programs, including the amounts allocated to them.

criteria for access, implementation details and beneficiaries.

(xiii) All conceessions, pennits or authorisations granted, with their recipients specitied.

F.NO. 3401 1/6(s#2904-Estt.(B) SEGRET 37 o.f 7 6


(x9v) A11 infonnation awailable to the public authority in electronic form or capable of beingreduced to electronic form which is not exempt under this Act, subject to availabilil of

FeSOUrC4S.

(xv) the deuijs of facilities available to citizens for obtaining information. including if thepublic authority mainuias a library or reading room that is available for pubiic use, a

statement of that fact including details of the address and houls of opening of the library or

reading room; and

(xvi) the name, designation and other particulars of the Public Information Officer;(xvii) such other information as prescribeà by the appropriale government or Information

Commissioner from time to time which would promote traasparency across public

authorities or in specific public authorities, as appropriate;

on the basis that it shall be a constant endeavor of public authorities to take steps to provide as much

information to tlle public suo moto M regular intervals through variotls means of communication so that the

public have minimum re-sort to the asc of this Act to obtain information.

(c) publish a11 relevam facts concerning important decisions and policies that aflkct the public whilefonnulating and announcing such decisions and policies;

(d) give reasons for its decisions, whether adminis%tive or quasi-judicial to those affected by such

decisions;

(e) before initiating any projecta or formulating any policy, schcme, programme or law, publish orcommunicate to tlle public generally or to the persons affected or likcly to bc affected by these in

padicular, the facts available to it or to which it has reasonable access which in its ûpinion should be

known îo them in the best interes!s of naîural justice and promotion of democratic principlcs.(f) For the purpose of this section, information should be disseminated widely and in a form and mannerwhich is masily accessible and comprehensible to the public. StDisseminated'' shall mean appropriately

making known to the public the infonnation to be communicated through notice boards, newspapers,

public announcemen? media broadcasts the internet or other such means and shall include inspection at

a1I of the bodies omces. AlI materials shall be disseminated keeping in mind cost effectiveness, the local

language and the most effective metlod of dommunication in that local area. Such infonnation should be

easily aocessible, with the Public Infnrmation Ofricer, where possible in elecfronic format, which shall be

available free or at the cost of the medium, or in print at cost price.

5. (1) Eveo/ gublic authority shall for tlle purposes of this Acra dcsignate as many oflicers as Public lnformatienOfficers, in all adminis% tive units and offices under such authority, as are necessary to render the public

body as accessible as reasonably m ssible for requeesters of infonnation, within one month of this Act

coming into force.

(a) An oflicqr at each sub-divisional Ieve! or other appropriatt sub-diskict Ievel, shaii bedesignated a Public Information Omcer, within thrte months of this att ccming into force, for the

purposes of this Act. He/she shall receive all requestq for information, and appeals, both under the

F.NO. 34011/6(sP2004-Estt.(B) SECRET 39 $ 7û

DEPARTMENT OF PERSONNEL AND TRAINING SECRET .

state and the ceentral acts, and pass them on to a dcignated authority for onward tmnqmksion to

the reltvant department/agency.

(b) Where applications/apyals are handed over at the sub divisional or sub-district level, anadditional period of five days would be added to the time of response specified under this act, in

order to enable the requtst/appeal to be communicated to the reltvant authority.

(2) Every Public lnfonnation Officer shall deal with requests for information and $halj render reasonable

assistance to any perscn seeking such information.

(3) n e Public Infonnation Officer may seek the assistance of any other omcer as he considers necessary for

the proper discharge of his duties.

(4) Any officer whose Msistance has been sought under sub-section (3), shall render all assistance to tbe PublicInformation Omcer seeking his/her assistance and be treated as a Public Information Om cer for the

purposes of the penalty previsions in this Act

6. (! ) A person desirous of obtaining information shall make a request in writing or through electronic means in

English or in tbe ofticial language of the area in which the application is being submitted, to:

(a) the Public Information Omcer of the relevant public authority;(b) other designated Public Information Omcers, as specified in 5 (la )

specifying the p-miculars of the information sought by him/her.

Providcd that wherc such requesl cannot be made in writing tbe Ptlblic Information Oflicer shall render a11

renonable assistance to the pelson making the request orally to reduct it in writing.

6 (2) An applicant for access to infonnation shall not be required to givc any reason for requesting access to thatinformatien cr any other personal details except those necessary for conlacting the applicant.

6 (3) ( I ) Where an application is made to a Public Authority for information:

(a) which is held by another Public Authority; or(b) the subject matter of which is more closely connected wilh the functions of another Public

Authority,the Grst mentioned Public Authofity shall mansfer the application or such part of it as may be appropriate

to that otber Public Aulhority and shall inform the applicant immediately of the tlansfer.

(2) A transfer of an application pursttant to subsection (l) shall be made as soon as practicable but not laterthan 5 days afkr the date ofteceipt*of thc application

741) Subject to section 5, sub section (lb) above and sedion 7, sub-section (3)(a) below. on receipt of a requestunder section 6, the Public Information Omcer shall as expeditiously as possible and in any case witllin

fifteen days of the receipt of the request, either provide the information requested 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 Iife and liberty of a person, the same should be

provided within forty-eight hours of the receipt of the request:

7(2) If a Public Information Ofricer fails to give the decision un a request for access to tlle requestor concemed

within the period contemplated in section 7(1), the Public Infonnation Ofricer *w'.'ould, for the purposes of this

Acq be regarded as having refused the request.

F.NO. 34011/6(sP2004-Estt.(B) SECRET y;o39


7(3) Where it is decided to provide the infonnation on payment of any further fee rep= enting the cost ofproviding the information, the Public Information Om cer shall sebd an intimation to the person making the

request, giving:

(a) the details of such fees as detennined by him, showing thc calculatiorks as per the acta at prescribed rates,requesting him to deposit the fees, and the period intervening between the dispatch of the said intimation

and payment of fees shall be excluded for the purpose of calculating the period of fiheen days referred to

above;

(b) information concerning his/her rights wit!l respect to review the decision as to the amount of feescharged and/or the form of access provided, including the contct deàils of the appellate authoritys time

limits, process and any reltvant forms.

7 (4) Where access to a record or a part thereof is to be given under this Act and the person to whom access is to begiven has a sersory disability, the public authority will provide assistance to cnable access to the information.

including providing assistance with inspection as appropriate.

7(5)(a) Subject to sub-sections (b) and (c) below, where access to information is to be given in the fonn of printedcopies, or copies in some other fonn, such as on lape, disk, film or otber material, the applicant shall pay the

prescribed tke,

(b) Any fees payable by the applicant shall be reasonable, and shall in no case exceed the actual cost ofcopying the information or in the case of samples of materials the cost of obtaining the sample, and shall be set

via regulations at a maximum limit taking account of the gencra! principle that fees should not be set so high

that they undennine the objectives of this Act in practice.(clNotwithstanding subsection (a), where a public authority fails to comply with the time Iimits specified insection 7, any acoess to infonnation lo which the applicanl is entitled pursuant to his request shall be provided

free of- charge.

7(6) Before taking any decision under sub-section ( l), the Public lnfbrmation Officer shall take into considerationthe representation made by a third party under section 1 l .

7 (7) Where a request is rejected under sub-stction (6), the Public Information Ofticer shall communicate to the

person making request,

(i) the reasons for such rejection;(ii) 1he pedod within which an appmal against such rejections may be preferred;

(iii) 1he particuiars of the appellate authority.748) lnformation shall ordinalily be provided in the form in which it is sougbt unless it would disproportionately

diven the resouroes of the public authority or would be detrimenàl to the safety or preservation of the record

in question.

8(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any pcrson:

information, disclosure of which would prejudicially affect the sovereignty and integrity of India, thesecurity, stmtegic, scientific or economic interests of the Sàte relation with foreign Statc or lead to

incitement of an oflknce;

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(b) infonnation which has been expressly forbidden to be published by any court of law or tribunal or the

disclosure of which may constitute contempt of court ;

c) information, 'tht disclosure of which would catlse a breach of jrivilege of Parliament or the Sute

Legislature ;

dlinformation including commercial confidence, trade stcrets or intellectual property, the disclosure ofwhich would hann the competitive position of a third party, unless the Competent Authority is satistied

that larger public interest walrants the disclesu?'e of such information ;

(e) infonnalion available to a person in his fiduciary relationship, unless the Competent Authority issatisfied that the Iarger public interest warrants the disclosure of such infonnation ;

(9 information receivcd in confidence from foreign government;(g) infonnation, the disclosure of which would endanger the life or physical safety of any person oridentify the source of information or mssistance given in contidence for 1aw enforcement or security

Pul-poses ;(h) infonnation which would impede the process of investigation or apprehension or prosecution of

offenders '

(i) cabinet papcrs including records of deliberations of the Council of Ministers, Secretaries and otherofticers, provided that the decisions of Council of Ministers, the remsons thereof, and the material on the

basis of which the decisions werc taken shali be made public ahtr the decision has been taken, and the

matter is complete, or over; provided further that those malters which come under tbe exemptions listed

in Section s shall not be disclosed.

() inforlnation which relates to personal information the disclosure of which has no relationship to anypublic activity or intercst, or which would cause unwarranted invasion of the privacy of the individual

unless the Infonnation Officer or the apellate authority, as the case might be, is satisfied that the larger

public interestjustifies the disclosure of such information.Provided that the information, which cannot be denied to the Pafliament or a State Legislatures

shall not be denied to any person.

Notwithstanding anything in the Official Secrets Act 1923 nor any of the exemptions pennissible

in accordance with section 8 ( I), a public authority may allow access to information. if public interesl in* disclosure outweighs the hann to the protected interests.

(2) Subject to the provisions of clause (a) and (i) of sub section I of section 8, any infonnation relating to anyoccurrence, event or matter which has taken place, occurred or happened !en years before 1he date on

which any request is madc under section 6 shall be provided to any person making a request under that

section.

Provided that the matters covzred by Sub-scction 8(a) and Sub-3ection 8(i) may be disclosed afler twenty-five years.

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Provided that where any questlon arise,s as to the date from which the said period of ten years or twentp

tive hms to be computed, th-e decision of the Union Government shall be final, subject to the usual appeals

provided for in this act.

9. Without prejudice to the provisions of section 8, a Public Information Officer may reiect a request forinformation where such a request for providing access would involve an infringement of copyright subsisting

in a person other th% the State.

l0. (1) lf a request for access to information is rejqcted on the ground that it is in relation to information which isexempted from disclosure, then nohvithsunding anzhing contained in this Act, access may be given to that

part of the record which does not obtain any infonnation that is exempted from disclosure tmder this Act and

which can reasonably be severed from any part that conlins exempted infonuation.

10(2) Where access is glanted to a part of the record in accordance with sub-section (1), the Public lnformationOfficer shall send a notice to the applicant, advising;

(a) that only part of the record requested, atter severance of the record containing infonnation which isexempted from disclosures is being fumished; and

(a) Thc reasons for the decisien; including any findings on any material questions of facq refening to thematerial on which those Gndings were based;

(b) The name and designation of the person giving the decision', and(c) Details of the fees determined by him/her and requesting the applicant to deposit the fees;(d) lnformation concerning his/her rigbts with respect to review of the decision regarding non-disclosure of

palt of the infonnation, the amount of fees charged and/or the form of access ptovided, including tlze

contad details of the appellate body time limits process and any relevant fonns;

l l . (l) Where a public authority intends to disclose any infonnation or record, or part thereof on a request madeunder this Act which relates to, or has been supplied by a third party and has been treated as confidential by

that third party, the Public Information Offker shall, within five days from the receipt of a request, give

written notice to such third pady of the request and of the fact that the public authority intends to disclose

the information or record, o? part thereof and invite the third party to make a submission, in writing or

orally, regarding whether the information should be disclosed, which submission shall be taken into account

when detennining whether to disclose the infonnation,

Provided that except in the case of trade or commercial secrsts protected by law, disclosure may be allowed

if the public interest in disclosure outweights in importance any possible harm or injury to the interests of

such party.

(2) where a notice is given by the public information oflker under sub-section (1) to a third party in respect ofany infonnation or record or part thereof, the third party shall, within ten days from the date of issuance of

notice be given the opportunity to make representation agairkst the proposed disclosure

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(3) Nohvitllstanding anything conoined in section 7. tht public information omcer shall, within twenty daysaûer receipt of th'e 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 orrecord or part thereof and give in writing the notice of his decision to the third party.

(4) A nolicc given under sub-section (3) shall include a statement that the third parly to wrhom the notice is

given is entitled to prefer an appeal against the decision under section 12(2).1241): (i)(a) n e President shall appoint or designate a Chief Informztion Commissinner for aII matters pertaining

to the Union. Such appointment shall be made on tht basis of a recommcndation made by an Appointing

Committee prtsided by the Prime Minister, with the Iweader of Opposition in the Lok Sabha and the Chief

Justict of lndia as members.

(i)(b) The Govemor shall appoint or designate a Stte Information Commissioner for all matters pertainingto the State. Such appointment shall be made on tbe basis of recommendation made by an Appointing

Committee presided by the Chief Minister. with the Leader of Opposition in the Legislative Assembly and

the Chief Justioe of 1he High Court as members.

(ii) lnformation Commissioners may be appointed by the President or the Governor, as the case may be, inconsultation with the appropriate Appointing Committec and the Chief Information Commissioner or Slte

Information Commissioners, as the case may be.

(iii) Every Chief Information Commissioner, State Infonnation Commissioner and InformationCommissioner shall be a person with wide knowledge and experience of administratinn and governance,

and/or a person with high public stature.

(iv) The Chief lnfonnation Commissioners and any Infonnation Commissionels shall not be members ofParliament or membels of the Legislative of any State or Union Territory and shall not hold any other oftice

of profit and shall not be connecled with any political party or be carrying on any business or practice any

protkssion;

(v) The requisite budgelary allocations for the emoluments and expenses, including office expenses, of theChief lnformation Commissioner and of other Infonnalion Commissioners will be providcd by the

Government of India through special budgetary provisions made available to the respective states out of the

Union Government Budget.

(vi) The Chief lnformalion Commissioner and of other Information Commissioners shall function

autonomotlsly without being subjected to directions by any other authority and would be under theadministlative control of the Government of India, Ministry of Persolmel, Administrative Reforms and

Public Grievances.

(vii) Every person appointed as a Chief lnformation Commissioner or an lnfonnation Commissionershall hold om ce for a tenn of tive years from the date on which he tnters upon his office. He/she

will net be eligible for reappointment.

12. (2)(i) Any person who does not receive a decision in the time period specified in Section 7(1) or 7(3)(a) above,or is aggrieved by a decision of the Public information officer mays within tbirty days of the expiry of such a

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period or of reoeipt of such a decision, prefer an appeal to an apN llate authority prescribed for the purpose

in each department and seniùr in 1-a1111 to the Public Information Ofticer.Provided that such authority may entertain the appeal after the expiry of the said period of thirty days if it

is satisGed that the appellant wïs prevented by sumcient cause from filing tlle appeal in time.

(ii) A second appeal against the decision (or lack of it), under sub-section (i), shall lie within 90 days fromthe time by which the decision should have been made Qr was actually received, with the relevant

Chief/state/lnfonnation Commissioner;

Provided that the relevant Chief/sute/lnfonnation Commissioner may entertain an appeal after the expiry

of the said period of ninety days if it is satistied that the appellant wïs prtvented by suflicient catkse from

tiling the appeal in time.

(iiilWhere an appeal is being preferred against an crder made by the Public Information Officerunder Section l I to disclose t'lhird party'' information, the appeal by the concemed third party mtlst

be made within thirty days of tbe order.

(ivllf the decision of the Public Information Omcer against which the appeal is preferred relates toinfbrmation of a third party, the relcvant lnformatinn Commissioner shall give a remsonable

oppollunity of being heard to that third party.

(v) In any appeal proceedings, the onus to prove that a denial of a rmuest was justified will be onthe public authority that denied the request.

(vi) Appeals to any appellate authority/lnformation Commissioner shall be disposed of within thirtydays of the receipt of the appeals, or within such extended period, not exceeding a toul of forty Gve

days from the date of filing of appeal, for reasons to be recorded in writing.

(vii) The decision of the Information Commissioner shall be binding.

(viii) in his/her decision, the relevant Infonnation Commissioner has the power to:(a) require the public authority to take any such steps as may be necessary to bring it into compliance

with the Act, including by;

(i) providing access to infonnation, including in a particular fonn;

(ii) appointing an information officer',(iii) publishing certain information and/or categories of information',(iv) making certain changes to it-s practicvs in relation to the keeping, managcment and destrtlction

of records'

(v) enhancing the provision of training on the right lo infonnation for its ofricials;(vi) providing him or her with an annual reporta in compliance with section 4(b).,

(b) require the public body to compensate the complainant for any loss or other detriment suffered;

(c) impose any of the penalties available under this Act;

(d) reject the application.(ix) Thc Inforlnatioll Commissioner shall serve notice of his/her decision, including any rights ofappeal, on t'oth the complainant and the public authority.

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(x) A decision of the Information Commissioner may be apo led to the Hig,h Court or the SupremdCourt, on any point of fact and law.

12(3) Powel's of the Chief lnformation Commissiontr/state Information Commissioners/lnformationCommissioners

(l) Subject to this Act, the Chief Infonnation Commissioner fstate InfonnationCommissioneM nfonnation Commissioners shall rtceive and investigate complaints from persons:

(a) who have been unable to submit a rmuest to a Public Information Omcer, either becatzse none hasbeen apx inted as required under the Act or because the Public Information Om cer has refused to

accept their application;

(b) who have been refused access to information requested under this Act;(c) who have not been given a response or access to infonnation within the time limits required undertllis J% ct'

(d) who have been required to pay an amount under the fees provisions that they considcr unreasonable;

(e) who believe that they have been given incomplete, misleading or false infbrmation under this act;(9 in respcct of any other matter relating to requesting or obtaining access to records under this Act.

(2) Where a Chief lnformation Comlnissioner/state Information Commissioner/lnformation Commissioneris satisfied that there are reasonable grounds to investigate a matter relating to requesting or obtaining

access to records under this Act, he/she may initiate a complaint in respect thereof.

(3) The Chief lnformation Commissioner/state Infbrmation Commissioners/lnformation Commissionershave, in relation to the carfying out of the investigation of any complaint under this Act, power:

(a) to summon and enforce the appearance of persons and compel them to give oral or writtenevidence on oath and to produce such documents and things as the Commissioner deems requisite

to the full investigation and consideration of the complaint, in the same manner and to the same

extent as a superior court of record'

(b) to administer oaths;(c) to receive and accept such evidence and other infonnation, whether on oath or by affidavit or

othenvise, as the relevant lnformation Commissioner sees 'Iit. whether or not the evidence or

information is or would be admissible in a court of law;

(d) to enter any premises occupied by any govemment institution on satisfying any securityrequirements of the institution relating to the premises;

to converse in private with any pefson in any premises entered pursuant to paragraph (d) andothenvise carry out therein such inquiries within the authority of the Chief Information

Commissioner under this Act as the Commissioner sees Gt' and

(9 to examine or obtain copies of or extracts from books or other records found in any premisesentered pursuant to paragraph (d) containing any matttr relevant to the investigation.

(g) To impose the penalties prescribed under this act, after giving due opportunity to the concernedofticial of being heard.

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(4) Nohvitlkstanding any other Act of Parliament or any privilege under the law of evidence, an ChiefInformation Commissioner /state Information Commissioners/lnformation Commissiontrs may, during the

investigation of any complaint under this Act, examine any record to which this Act applies that is under

the control of a government institution, and no such record may be withheld from 8qy Commissioner on

any grounds.

(5)All the Nwers of the Chief Infonnation Comrnissioner would also & enjoyed by thc Sâte Infonnation

Commissioners and other Infonnation Commissioners, within theirjurisdictions.

12(4) Penalties(1) Subject to sub-section (3), where any Public lnfonnation Ofticer has, without any reasonable catlse, failed

to supply the information sought, within the period specified under section 7(1), the relevant InformationCommissioner shall, on appeal, impose a penalty of rupees two hundred fifty, which amount must be

increased by regulation at least once every tive yeal's, for each day's delay in furnishing the infbrmation,

after giving such Public lnfonnation Officer a reasonable opportunity of being heard.

(2) Subjecl to sub-section (3), where it is found in appeal thal any Public Information Omc-er has -(i) Refused to receive an application for information;

(ii) Mala tide denied a request for infonnation;(iii) Knowingly given incorrect or misleading information,

(iv) Knowingly given wrong or incomplete information,

(v) Destroyed information subject to a request; or(vi) Obstructed the activities of a Public lnfonnation Omcer, any Infonnation Commission or the courts;he/she would have committed an offence and will be liable upon summary conviction to a fine of not less

than rupees two thousand and imprisonment of up to tive yeals. or both.

(3) An officer whose ïssistance has bcen sought by the Public Information Officer for the pedbnnance of

his/her duties under this Act shall be liable for penalty as prescribed in sub-sections (1) and (zljointly withthe Public Information Officer or severally as may be decided by the relevant Information Commissioner.

(4) Any fines imposed under sub-sections (1), (2) and (3) shall be recoverable from the salary of the concernedofficer, including the Public Information Officer, or if no salary is drawn. as an arrears of land revenue,

recoverable within a maximum of six months of 1he order imposing the tine.

(5) The Public Inforlnation Officer or any othcr oflicer on whom the penalty under sub-sections ( l), (2) and(3) is imposed shall also be liable to appropriate disciplinary action under the service rules applicable tohim. Provided that in cases where !hc officer is proved guilty of deliberate denial of infonnation or

misinfonnation, the punishment imposed shall be a major penalty, i.e., dismissal or removal or reduction inrank.

CH APTER III M ISCELLANEOUS

I3. No suit, prosecution or other legal proceeding shall lie against any peDon for anything which is in good

faith done or intended to l)e done under this Act or any rule made thereunder,

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l4. The provisions of this Ad shall have effect not witbunnding anything inconsistent therewith contined in

the Om cial Secrets Act, 1923, and any other law for the time being in fome or in any instrument having

eflbct by virtue of any law other than this Act.

l 5. 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 tIIa!I by way of an appeal under this Act.

I6. ( l ) Nothing contained in this Act shall apply to the intelligence and sccurity organisations, speciiied in theSchedule being organisations established by the Union Government or any information fumished by such

organisations to that Government.

Provided that infonnation pertaining to alleged violations of human rights, to the life and liberty of

human beings and to the allegatioas ed corruption will not be excluded under this clatkse.

(2) The Union Government may, by notification in the official Gazede, amend the Schedule by includingtherein any other intelligenoe or security organisation estblished by that govemment or omitting

therefrom any organisation already specitied therein and on the publication of such notification, such

organisation shall be deemed to be included in oq 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 secufity organisations which may bespecitied, by a notificalion in the official gazette, by a state Government from time to time. Provided that

information pertaining to alleged violations of hulnan rights, to the life and liberty of human beings and to

the allegations of corruption will not be excluded under this clause

(5) Every notitication issued under sub section (4), shall be laid before the state legislature..16A Monitoring and Reporting

( 1 ) The Chief Information Commissioners/state Information Commissioners/lnformationCommissioners shall, as soon as pmcticable after the end of each year. prepare a report on the

implementation of this Act dtlring that year and cause a copy of the report to be laid before the

legislatures of the concerned state and each Hottse of the Parliament.

(2) Each responsible department/ministry shall, in rtlation to the public authorities within their

jurisdiction. collect and provide such information to the Chief/state/ Information Commissionersas is require.d to prepare the report under this section, and shall comply with any prescribed

requirements conceming the furnishing of that information and the keeping of records for the

pumoses of this section.

(3) Each report shall, at a minimum, state in respect of the yea.r to which the report relates'.

(a) the number of requestq made to each public authority',

(b) thc number of decisions that an applicant was not entitled to acoess to a document pursuant toa request, the provisions of this Act under which these decisions were made and the number of

times each provision was invoked'

(c) thc number of appeals sent to the Information Commissioners for review, the nature of thecomplaints and the outcome of the appealsi.

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(d) particulars of any disciplinary action taken against any otscer in respect of the adminiseationof this Act;

(e) the amount of charges collected by each public authority under this Act;(9 any facts which indicate an eflbrt by public authorities to administer and implement the spirit

and intention of this Act;

(g) recommendatioas for reform, including recommendations in respect of particular publicauthorities, for tfle development, improvement, modernisation, refonn or amendment of this

Act or other legislation or colnmon law or any other matter relevant to operationalising the

right to access information, as appropriate.

(4) n e Union Govemment Ministry responsible for the administzation of this Act, as soon aspracticable aher the end of each year, prepare a summary report on the implemenlation of this Act

during that year and catse a copy of the report to be laid before the concemed state legislamres

and each House of the Parliament, drawing on the infonnation provided in the reports of the Chief

Information Commissioners fer each Slte.

(5) If it appears to any Chief Information Commissioner that the practice of a public authority inrelalion to the exercise of its functions under this Ac1 does not conform with provisions or spirit of

the Act , s/he may givc to the authority a recommcndation specifying the steps which ought in

his/her opinion to be taken for promoting such conformity.

l6B ( 1) The Government must, to 1he extent that Gnancial and other resources are available:(a) develop and conduct educational programmes lo advance the understanding of the public, in

particular of disadvantaged communities, of this Notification and of how to exercise the righa

contemplated in this Act;

(b) encourage public authorities to participate in the development and conduct of programmes

referred to in paragraph (a) and to undertake such progralnmes themselves' and(c) promote timely and effective dissemination of accurate information by public authorities about

their activities.

(d) train infonnation ofticers of public authorities and/or produce rtlevant training materials forttse by authorities themselves.

(2) The Govemment must within l 8 months of this Act coming into force. compile in each ofticial Ianguagea guide containing such information, in an easily comprehensible fonn and manner, as may reasonably be

required by a person who wishes to exercise any right contemplated in this Act.

(3)The Governmtnt must, if necessary, update and publish the guide at regular intelvals The guide musqwithout limiting the genefality of subsection (2), include a description of:

(a) the objects of this Act;(b) the postal and street address, phone and fax numbcr and, if available, electronic mail address

of the Public Information Officer of every public authority ms appointed under sub section (1)of section 5

(c) the manner and fonn of a request for access to a information of a public authority;

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DEPARTMENT OF PERSONNEL AND TRAINIKG SECRET

(d) the assistance available from and the dutie.s of Public Information Oflicers of a publicauthority in terms of this Act;

(e) the assistance available from the Information Commissionels in terms of this Act;

(9 alI remedies in law available regarding an act or failure to act in respect of a right or dutyconferred or imposed by this Act, inciuding the manner of lodging an appeal wit,h the apy llate

authorities/chief/state/ Infonnation Commissioners and a court against a decision by the

Public Information Officer of a public authority;

(g) the provisions providing for the voluntary disclosure of categories of records in accordancewith section 4',

(h) the notices regarding fees to be paid in relation to requests for access; and(i) any additional regulations or circulars relevant to obtaining access to information in

accordance with this Act.

(4) The Govemment must, if necessary, update and publish the guide at regular intervals.17 (1 ) n e Union Government may by notification in lhe Ofticial Gazette, make rtlles to can'y out the provisions

of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may providt for allor any of the following matters, namely

(a) intervals at which matters referred to in sub-clauses (i) to (vi) of clause (b) of section 4 shall

be published.

(b) The fec payable under sub-section ( 1) of section 7;(c) The authority before whom an appeal may be preferred under sub-section (2) of section 12.,

(d) any other matler which is required to be, or may be, prescribed.l 8. ( l ) The State Government may, by notiGcation in the Official Gazette, make rules to carry out thc provisions

of thc Act.

(2) ln particulaq and wilhout prejudice to the generality of the foregoing power, such rules may provide for a1l

or any of the following matters, namely:-

(a) the fee payable under sub-section ( l ) of section 7:(b) thc authority before whom an appeal may be preferred under sub-section (2) of sedion l2:

(c) any other matter which is required to bt, or may be ptescribed:Provided that inilially the rules shall be made by the Union Government by notification in the oflicial

gazette.

(1) The competent authotity may, by notification in the official gaatte 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 al1or any of the following mattels, namely:-

(a) the fee payable under sub-section (1 ) of section 7:(b) the authority before whom an appeal may be preferred under sub-section (2) of section l2;

(c) any otler matter which is required to be, or may be, prescribed.

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20. (l) Every rule made by the Union Government under tbis Act shall be laid, as soon as may lx after h is

made, before each hottse of parliament while it is in session, for a tool period of thirty days which may be

comprised in one session or in two or more succœsive sessions, and if, before the expiry of tlw 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 Inadc, the rule shall thereaher have

effect only in such modified from or be of no eftkct, as the case may be, so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previotlsly done under thatrule.

(2) Evec rule made under this Act by a State Government shall be laid, as soon as may be after it isnotified, before the State Legislaturc.

2 l . (1 ) If any difficulty arises in giving efrect to the provisions of this Act, the Union Govemment may, by

order publised in the om cial gazette, make such provision not inconsistent with the provisions of this Act

as appear to it to be necessary or cxpedient for removal of'the dim culty:

Provided that no such order shall be made afler the expiry of a period of two years from the date of

commcncement of this Act.

(2) Evel'y order made under this section shall as soon as may be after it is made, be laid before the housesof parliament.

THE SCHEDULE

(See section 1 6 (119Intelligence and Security Organisations Esublished by the Union Govemment

l . Intelligence Bureau.2. Research and Analysis W ing 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.s. Special Frontier Force.9. Border Security Force.10. Central Reserve Police Force,l 1 . Indo Tibetan Border Police.12. Central lndustrial Security Force.1 3. National Security Guards.I4. Assam Rifles.t 5. Special Servic.e Bmeau.16. Special Branch (CID), Andaman and Nicobar.1 7. The Crime Brancb-clD, - CB, Dadra and Nagar Haveli.18. Directomte of Vigilance including Anti Cofnlption Branch, National Capital Territoly of Delhi.l9. Special Branch, l-allshadweep Police.

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DEPARTM ENT OF PEKO N.NEL & TRAINING

ANùEKURE -.Z

SECRET

THE RIGHT T0 INFORM ATION, BILL, 2004

A

BILL

to provide for setting out the practical regime of right to information for people tosecure access to information under the contol of public authorities, in order to promotetransparency and accountability in the working of every public authority, the constitutionof a Central Information Commission and for matters connected therewith or incidentalthereto.

BE it enacted by Parliament in the Fiftptifth Year of the Republic of India asfollows:-

CHAPTER I

PRELIM INARY

1. (1) n is Act may be called the Right to Information Act, 2004.

(2) It extends to the whole of India except the State of Jarnmuand Kashm ir.

(3) lt shall come into force on the one hundred and twentiethday of its enactm ent.

2. In this Act, unless the context othenvise requires, -

(a) ttcolnmission'' means the Central Information Commissionconstituted under section 12.,

(b) tçcompetent authority'' means-

(i) the Speaker in the case of the House of the People orthe Legislative Assembly of a Union territory and theChairman in the cmse of the Council of' Sttes;

(ii) the Chief Justice of India in the case of the SupremeCourt;

(iii) the Chief Justice of the High Court of Delhi;(iv) the President in the case of other authorities created

by or tmder the Constitution;(v) the administrator appointed under article 239 of the

Constitution;

Short title, extentandcom m cncement.

Definitions.

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(c ) ttGovernmenf', in relation to a public authority established,constituted, owned, substantially financed by fundsprovided directly or indirectly or controlled by the CentralGovernment or a Union territory administration, means theCentral Government;

(d) ttinformation'' means any material in any form, includingrecords, documents, memos, emails, opinions, advices, pressreleues, circulars, orders, logbooks, coneacts, reports, papers,smnples, models, dat.a material held in any electronic fonnand information relating to any private body which can beaccessed by a public authority under any other law for thetime being in force',

(e) itlnformation Commissioner'' and tsDeputy lnformationConunissioners'' mean the Information Commissioner and theDcputy lnformation Commissioners appointed under sub-section (3) of section l 2',

(9 ttprescribed'' means prescribed by rules made under this Act bythe Govem ment or the competent authority, as the case maybe)

(g) Qspublic authority'' means any authority or body established orconstituted,-

(i) by or under the Constitution;

(ii) by any other law made by the Government, andincludes any other body owned or controlled by theGovernmcnt;

(hlçtpublic lnformation Oftker'' means tlle Public InformationOfticer appointed under sub-section (1) and includes anAssistant lnformation Officer designated as mzch uhder sub-section (2), of section 5)

(i) ttrecord'' includes-

any document, manuscript and tile;any m icrofilm , microfiche and facsimile copy ofa document',any reproduction of im age or images embodiedin such microtilm (whether enlarged or notl; and

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(iv) any other material produced by a computer or anyother device;

() ttright to infonnation'' means the right to informationaccessible under this Act which is held by or under thecontrol of any public authority and includes the right to-

(i) inspection of work, documents, records-,(ii) taking notes, exeacts, or certified copies of

documents or records;(iii) taking certified samples of material',(iv) obtaining information in the form of diskettes, floppies,

tapes, video cmssettes or in any other electronic modeor through printouts where such infonnation is storedin a computer or in any other device;

(k) ttthird party'' means a person other tllan the person making arequest for information and includes a public authority.

CHAPTER II

RIGHT TO INFORMATION ANDOBLIGATIONS OF PUBLIC AUTHORITIES

3. Subject to the provisions of this Act, all citizens shall have Rightthe right to infonnation. information.

4. (1) Every public authority shali- Obligations ofpublic

authorities.(a) maintain aIl its records duly catalogued and indexed in amanner and fonn which facilitates the right to informationunder this Act and enstzre that al1 records that areappropriate to be computerised are, within a reasonabletime and subject to availability of rçsourczs, computerisedand connected through a network aIl over the country ondifferent systems so that access to such records isfacilitated;

(b) publish before the commencement of this Act,-(i) the particulars of its organisation,

functions and duties',(ii) the powers and duties of its officers

and employees',(iii) the procedure followed in the

decision making process, including

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(iv)

(v)

(A?i)

(Arii)

( viii)

(ix)

(x)

(xi)

(xii)

( xiii)

channcls of supervision andaccounhbility ,'the norms set by it for the dischargeof its functions;the rules, regulations, instructionszmanuals and records, held by it orunder its control or used by itsemployees for discharging itsfunctions;a sutement of the categories ofdocuments that are held by it orunder its control;tlle particulars of any arrangementtllat exists for consultation with, orrepresentation by, the members ofthe public in relation to theformulation of its policy orimplemenhtion thereof;a statement of the boards, councils,committees and other bodiesconsisting of two or more personsconstituted as its part or for thepurpose of its advise, and as towhether meetings of those boards,councils, committees and otherbodies are open to the public, or theminutes of such meetings areaccessible for public',a directory of its officers andem ployees;the monthly remuneration receivedby each of its officers andemployees, including the system ofcompensation as provided in itsregulations',the imdget*allocated to each of itsagency, indicating the particulars ofa11 plans, proposed expenditures andreports on disbursements made;the marmer of execution of subsidyprogrammes, including the am ountsallocated and the details ot-beneficiaries of such programmes;particulars of concessions, permitsor authorisations granted by it ;

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(xiv) dehils in respect of theintbnnation, available to or held byit, reduced in an electronic fonn;

(xv) the particulars of facilities availableto citizens for obtaining infonnation,including the working hours of alibrary or reading room, ifmainuined for public use;

(xvi) the names, designations and otherparticulars of the Public lnformationOfticers;

(xvii) such other infonnation ms may beprescribed',

and thereafter update these publications within suchintervals in each year as may be prescribed;

(c) publish aI1 relevant facts while formulating importantpolicies or announcing the decisions which affect public',

(d) provide reasons for its administrative or quasi-judicialdecisions to affected persons;

(e) before initiating any project, or formulating any policy,schem e, programm e or law, publish or com m unicate to thepublic in general or to the persons likely to be affectedthereby in particular, the facts available to it or to which ithas reasonable access which in its opinion should beknown to them in the best interest of natural justice andpromotion of democratic principles.

(2) It shall be a constant endeavour of evel'y public authority totake steps in accordance with the requirements of clause (b) ofsub-section (1) to provide as much information suo moto to thepublic at regular intervals through various means ofcommtmications so that the public have minim um resort to theuse of this Art to obtain information.

(3) For the purpose of sub-section (1), every information shall bedisseminated widely and in such fonn and manner which is easilyaccessible and comprehensible to the public.

(4) A1l materials shall be disscminated hking into considerationthe cost effectiveness, local language and the most effectivemethod of communication in that local area and tlw informationshould be easily accessible, to the extent possible in electronicformat with the Public Information Officer. available free or at

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such cost of the medium or in print cost price af may beprescribed.

Explanation.- For the purposes of sub-sections (3) and (4)sttdisseminated'' means making known or communicated theinformation to the public througb notice boards, newspapersspublic announcements, media broadcasts, the intenxt or any othermeans, including inspection of offices of any public anthority,

5. (1) Every public autllority shall, within one hundred days of tlle Designation off this Act designate as many officers as Public Boblicenactment o

, lnfonnationInfonnation Officers in al1 administrative units or offices under it omcers

.

as may be necessary to provide infonnation to persons requestingfor the information under this Act.

(2) W ithout prejudice to tlle provisions of sub-section (1), everypublic authority shall designate an officer, within one hundreddays of thc enactment of this Act, at each sub-divisional level orother sub-district level as an Assistant Public Information Officerto receive the applications for information or appeals under thisAct for forwarding the same forthwith to it or to the appropriateGovernment:

Provided that where an application for infonnation or appealis given to an Assistant Public lnformation Officer, a period oftive days shall be added in computing the period for responsespecified under sub-section (1) of section 7.

(3) Every Public Information Officer shall deal with requestsfrom persons seeking information and render reasonable assistanceto the persons seeking such information.

(4) The Public Information Officer may seek the Msistance ofany other officer as he or she considers it necessary for the properdischarge of his or her duties.

a. @

(5) Any officer whose assistance has bcen sought under sub-section (4), shall render al1 assisGnce to the Public InfonnationOfticer seeking his or her assistance and for the purposes of anycontravention of the provisions of tllis Act such other officer shallbe treated as a Public lnformation Officer,

6. (1 ) A person who desires to obuin any information under this Request forAct shall make a request in v-qiting or through electronic m eans in Obtaining

information.English or in tlle officiaE language of the area in which theapplication is being madez accom panying such fee as may be

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prescribed, to -

(a) the Public Information Ofticer of tlleconcerned public authority;

(b) the Assistant Public Information Officers,

specifying the particulars of the information sought by him orher:

Provided that where such request carmot be made in writing,the Public lnformation Oftker shall render al1 reasonableassistance to the person making the request orally to reduce thesame in writing,

(2) An applicant making request for information shall not berequired to give any reason for requesting the infonnation or anyother personal details except those that may be necessary forconhcting him.

(3) Where an application is made to a public authority requestingfor an infonnation,-

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

(ii) the subject matter of which is more closely connectedwith the ftmctions of another public authority,

the public authority, to which such application is made, shall

transfer the apjlication or such yazt of it as may be agpropriate tothat other publlc authority and lnform the applicant lmmediatelyabout 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 laterthan five days from the date of receipt of the application.

7. (1) Subject the proviso to sub-section (2) of section 5 or the Disposalproviso to sub-section (3) of section 6, the Public lnformation reqtlests.Officer on receipt of a request under section 6 shall, asexpeditiously as possible, and in any cmse within thirty days of thereceipt of the request, either grovide the information on paymentof such fee as may be prescrlbed or reject tlle request for any ofthe reasons specified in sections 8 and 9:

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Provided that where the information sought for concerns the lifeor liberty of a person, the same shall be provided within fortpeight hours of the receipt of the request.

(2) lf the Public lnformation Ofticer fails to give decision on therequest for information within the period specified under sub-section (1), the Public Infonnation Ofticer shall be deemed tohave refused the request.

(3) Where a decision is taken to provide the information onpayment of any further fee representing the cost of providing theinfonnation, the Public lnformation Officer shall send anintimation to the person making the request, giving -

(a) the details of further fees representing the cost ofproviding the information as determined by him, togetherwith the calculations made to arrive at the amount inaccordance with fee prescribed under sub-section (1),requesting him to deposit that fees, and the periodintervening between the despatch of the said intimationand payment of fees shall be excluded for the purpose ofcalculating the period of thirty days referred to in thatsub-section;

(b) infonnation conceming his or her right with respect toreview thc decision as to the amount of fees charged or theform of access provided, including the particulars of theappellate authority, time limit, process and any otherforms.

(4) Where access to the record or a part thereof is required to beprovided under this Act and the person to whom access is to beprovided is sensorily disabled, the public authority shall provideassisunce to enable access to the infonnation, including providingsuch assistance as may be appropriate for the inspection.

(5) Where access to information is to be provided in the printed orin any electronic fonnat, the applicant shall, subject to sub-section(6), pay such fee as may be the prescribed.

(6) Notwithstanding anything contained in sub-section (5), theperson making request for the information shall be provided fheinformation free of charge where a public authority fails tocomply with the time limits specifird in sub-section (1).

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(7) Before taking any decision tmder sub-section (1), the PublicInformation Officer shall take into consideration the representationmade by a third party under section 1 1 .

(8) Where a request his been deemed to be rejected under sub-section (2), the Public Information Officer shall communicate tothe person making the request'-

(i) the reasons for such rejection',(ii) the period within which an appeal against such

rejection may be preferred,' and(iii) the particulars of the appellate authority.

(9) An information shall ordinarily be provided in the form inwhich it is sought unless it would disproportionately divert theresources of the public authority or would be detrimental to thesafety or preservation of the record in question.

8. (1) Nohvithstanding anything contained in this Act, except as Exemption fromh f llowing information shall be disclosure ofotherwise provided herein, t e o i

nfonnation.exempted from disclosure, namely:-

(a) an information, the disclosure of which would,-

(i) prejudicially affect the sovereignty andintegrity of India, security, strategic,scientitic or economic interest of the State,relation with foreign State ; or

(ii) lead to an incitement to commit anoffence;

(b) an information, which has been expressly forbidden to bedisclosed by any court of law or tribunal or the disclosureof which may constitute contempt of court;

(c) an information, the disclosure of which may result in abreach of privileges of Parliament or the Legislature of aState;

(d) an infonnation, including commercial confidence, tradesecrets or intellectual property, the disclosure of whichwould harm the competitive position of a third party:

Provided that such information may be disclosed, if thePuhlic lnformation Officer is satisfied that a larger publicintcrest wari'ants the disclosure of such information;

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(e) an infonnation available to a person in his tiduciaryrelationship:Provided that stlch informatif)n may be disclosed, if .

the Public Information Officer is satisfied that a largerpublic interest warrants the disclosure of suchinformation;

(9 an information received in confidence from a foreigngovernm ent'>

(g) an information, the disclosure of which would endalgerthe life or physical safety of any person or cause toidentify the source of information or assistance given incontidence of Iaw enforcement or security purposes;

(h) an information, the disclosure of which would impedethe process of investigation or apprehension orprosecution of offenders;

(i) the Cabinet papers, including records of deliberations ofthe Council of Ministers, Secretaries and other officers:

Provided that the decisions of the Council ofM inisters, the reasons thereof, and the material on the basisof which the decisions were taken, shall be made publicafter the decision has been taken, and the matter iscomplete, or over:

Provided further that those matters which come underthe exemptions Iisted in this section shall not be disclosed;

(j) an information which relates to personal infonnation, thedisclosure of which has no relationship to any publicactivity or interest or which would cause unwarrantedinvasion of the privacy of the individual:

Provided that such information may be disclosed, if thePublic lnformation Officer or the appellate authority, as thecase may be, is satisfied that thc larger public interestjustifies the disclosure of such infonnation

(2) An information which cannot be denied to Parliament orLzegislature of a State, as the case m' ay be, shall not be denied to

any person.

(3) A public authority may, notwithstanding anything continedin the Official Secrets Act, 1923 or any of the exemptions 19 of 1923.specifed in sub-secticn (1), allow access to information if public

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interest in disclostlre of the information outweighs the harm to thepublic authority.

(4) Subject to the provisions of clause (a) and (i) of sub-section(1), any infonnation relating to any occurrence, event or matterwhich has taken place or occurred ten years before the date onwhich any request is made under section 6, shall be provided tothe person making the request under that section:

Provided that where any question arises to the date fromwhich the said period of ten years has to be computed, the decisionof the Central Govtmment shall be tinal.

9. wiiout prejudice to uw provisions of section 8, a pubiic crounds fbrInformation officer may reject a request for information where rejcction to

access in certainsuch a request for providing access would involve an infringement cases

.

of copyright subsisting in a person other than the Stte.

l0. (1) Where a request for access to information is rejected on the Severability.ground that it is in relation to infonnation which is exempt fromdisclosure, then, notwithstanding anything contined in this Act,access may be provided to that part of the record which does notcontain any information which is exempt from disclosure underthis Act and wbich can reasonably be severed from any part thatcontains exempt information.

(2) Where access is granted to a part of the record under sub-section (1), the Public lnfonnation Officer shall give a notice tothe applicant, infonning,-

(a) that only part of the record requested, after severance of therecord containing information which is exempt fromdisclosure, is being provided;

(b) the reasons for the decision, including any findings on anymaterial question of fact, referring to the material on whichthose tindings w ere based;

(c) the name and designation of the person giving the decision;(d) the details of the fees determined by him or her and the

amount of fee which the applicant is required to deposit;and

(e) his or her rights with respect to review of the decisionregarding non-disclosure of part of the infonnation, theamount of fee chargeed or the form of access jrovided,including the particulars of the appellate authonty, timelimit, process and any other forms.

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11. (1) Where a public authority intends to disclose any n ird partyinformation or record or part thereof on a request made lmder this information.Act, which relates to or has been supplied by a third party and hmsbeen keated as confidential bt that third party, the PublicInformation Oftker shall, within live days from the receipt of therequest, give a written notice to such third party of the request andof the fact that the public authority intends to disclose theinformation or record, or part thereof, and invite the third party tomake a submission in writing or orally, regarding whether theinformation should be disclosed, and such submission of the thirdparty shall be kept in view while taking a decision aboutdisclosure of information:

Provided that except in the case of trade or commercial secretsprotected by lam disclosure may be allowed if the public interestin disclosure outweights in importance any possible harm or injuryto tbe interests of such third party.

(2) Where a notice is served by the Public Information Officerunder sub-section (1) to a third party in respect of any informationor record or part thereof, the third party shall, within ten days fromthe date of receipt of such notice, be given the opportunity tomake representation against the proposed disclosure.

(3) Notwithstanding anything contained in section 7, the PublicInfonnation Officer shall, within forty days afler receipt of therequest under section 6, if the third party has been given anopportunity to make represenution under sub-section (2), make adecision as to whether or not to disclose the information or recordor part thereof and give in writing the notice of his decision to thethird party.

(4) A notice given under sub-section (3) shall include a statementthat the third party to whom the notice is given is entitled to preferan appeal under section 15 against the decision.

CHAPTER lII

THE CENTRAL INFORM ATION COMMISSION

12. (1) The Central Govenunent shall, by notitication in the constitution ofOfticial Gazette, constitute a body to be known as the Cenkal centralInformation Commission to exercise the powers conferred on, and Infonnationto perform the functions assigned to, it under this Act Commission.

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(2) The Commission shall consist of -

(a) the Infonnation Commissioner; and(b) such number of Deputy Information

Conunissioners not exceeding ten asmay be deemed necessary.

(3) n e Infonnation Commissioner and the DeputyInfonnation Commissioners shall be appointed by the President onthe reconunendation of a committee consisting of-

(i) the Prime Minister, who shall be theChairperson of the committee;

(ii) the Leader of Opposition in the Lok Sabha;M d

(iii) the Chief Justice of lndia.

Explanation.- For the purposes of removal of doubts, it is herebydeclared that where the Leader of Opposition in the House of thePeople has not been recognised as such. the Leader of the singlelargest group in opposition of the Government in the House of thePeople shall be deemed to be the Leader of the Opposition.

(4) n e general superintendence, direction and management ofthe affairs of tlle Cornm ission shall vest in the InfonnationConunissioner who shall be assisted by tile Deputy lnformationCommissioners and may exercise all such powers and do a1l suchacts and things which may be exercised or done by theConzmission autonomously without being subjected to directionsby any other authority under this Act.

(5) The lnfonnation Commissioner and the Deputy InfonnationConzm issioners shall be persons of eminence in public life withwide knowledge and experience of administration and governance.

(6) n e lnformation Commissioner or a Deputy InfonnationCommissioner shall not be a member of Parliament or M ember ofthe Legislature of any State or Union tenitory, as the case may be,or hold any other office of profit or connected with any politicalparty or carrying on any business or pursuing any profession.

(7) The headquarters of the Commission shall be at Delhi and theCommission may, wit.h the previous approval of the CentralGovernment, establish offices at other places in India.

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(2) Every Deputy Information Commissioner shall perfonn hisfunctions within such area as may be specified by the CentralGovernment. '

13. (1 ) n e lnfonnation Conzmissioner shall held office for a term Tenn of officeof Gve years from the date on which he enters upon his oflice or and conditions ofi11 he attains the age of sixty-five years, whichever is earlier and Service.t

,

shall not be eligible for reappointment:

Provided that the term of five years may be extendable to onemore year, in appropriate cases, subject to the condition that theone year extension shall not exceed the age limit of sixty-fiveyears.

(2) Every Deputy Information Cornmissioner shall hold officefor a term of four years from the date on which he enters upon hisoffice or till he attins the age of sixty-five years, whichever isearlier:

Provided that every Deputy lnformation Commissioner shall, onvacating his office under this sub-section, be eligible forappointment as the lnformation Commissioner in the mannerspecified in sub-section (3) of section 12:

Provided further that the term of office of the Deputylnformation Commissioners if appointed as the InformationCornmissioner, shall not be more than five years in aggregate asthe Deputy lnformation Commissioner and the lnformationCommissioner.

(3) The lnformation Commissioner or a Deputy InformationCornmissioner, shall before he enters upon his office make andsubscribe before the President or some other person appointed byhim in that behalf, as oath or affirmation according to the form setout for the purpose in the Schedule.

(4) The Information Commissioner or a Deputy lnfonnationCommissioner may, at any time, by writing under his handaddressed to the President, resign from his office:

Provided that the Information Commissioner or a DeputyInformation Commissioner may be removed in the mannerspecified under section 14.

(5) The Information Conunissioner or a Deputy InfonnationCommissioner shall, ôn cessation of his office, not be eligiblefor -

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for -

(a) any diplomatic assipzment, assignment asadministrator or a Union territory or such otherassignment or appointment which is required by1aw to bc made by the President by warrantunder his hand and seal;

(b) further employment to any oftice of profitunder the Government of India or theGovernment of a State.

(6) n e salaries and allowances payable to and other terms andconditions of service of -

(a) the Information Commissioner shall be the same astllat of a Secretary to the Government of lndia;

(b) the Deputy Information Commissioner shall be thesame as that of a Joint Secretary or an AdditionalSecretary to the Govemment of India:

Provided that the if the lnformation Commissioner or aDeputy Inform ation Comm issioner, at the time of his appointmentis, in receipt of a pension (other than a disability or woundpension) in respect of any previous service under the Governmentof India or under the Government of a State, his salary in respectof the service as the Information Commissioner or a DeputyInformation Commissioner shall be reduced by the amount of thatpension including any portion of pension which was commutedand pension equivalent of other fonns of retirement benefitsexcluding pension equivalent of retirement gratuity'.

Provided further that if the lnformation Commissione- r or aDeputy Infonnation Conunissioner if, at the time of hisappointment is, in receipt of retirem ent benetits in respect of anyprevious service rendered in a Corporation estblished by or underany Central Act or State Act or a Govermnent company owned orcontrolled by the Central Government or the State Government,his salary in respect of the service as the lnformationCommissioner or the Deputy Information Commissioner shall bereduced by the amount of pcnsion equivalent to the retirementbenefits:

Provided also that the salaries, allowances and the otherconditions of service of the Infonnation Commissioner and theDeputy lnfonnation Com m issioners shall not be varied to theirdisadvantage after their appointment.

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(7) n e Central Govenunent shall provide the InformationCommissioner and the Deputy lnfonnation Commissioners w1t.11such ofiioers and employees as may be necessary for the efficientpedbrmance of their functions under this Act, and the salariesand allowances payable to and the other terms and conditions ofservice of the ofticers and other employees appointed for thepurpose of this Act shall be such as may be prescribed.

14, (1) Subject to the provisions of sub-section (3), the Removal ofInform ation Comm issioner or any Deputy lnfonnation Information

fi 1 b Order of Commissioncr orCommissioner shall be removed from his of ce on y yDeputy

the President on the ground of proved misbehaviour or incapacity Informationafter the Supreme Court, on a reference made to it by the commissioner.President, has, on inquiry, reported that the lnformationCommissioner or any Deputy Information Commissioner, ms thecase may be, ought on such ground be removed.

(2) 'Fhe President may suspend from offioe, and if deem necessaryprohibit also from attending the office during inquiry, theInformation Commissioner or Deputy Information Commissionerin respect of whom a reference has been made to the SupremeCourt under sub-section (l) until the President has passed orderson receipt of the report of the Supremc Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), thePresident may by order remove from office the InformationCommissioner or any Deputy Information Commissioner if theInformation Commissioner or a Deputy lnformationCom m issioner, as the case may bey-

(a) is adjudged an insolvent', or(b) has been convicted of an offence which, in the opinion of

the President, involves moral tumitude; or(c) engages during his term of office in any paid employment

outside the duties of his oftke; or œ ' .(d) is, in the opinion of the President, unfit to continue in

office by remson of infirmity of mind or body; or(e) has acquired such financial or other interest as is likely to

affect prejudicially his functions as a InformationConunissioner or a Deputy Infonnation Comm issioner.

(4) If the Information Commissioner or any Deputy InfonnationCommissioner in any way, concerned or interested in any contractor agreement made by or on behalf of the Government of India orparticipates in any way in the profit thereof or in any benefit oremolument arising therefrom othelwise than as a member and incom mon with the other mem bers of an incom orated company, he

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oommon with the other members of an incorporated company, heshall, for the purposes of sub-section (1), be deemed to be guilty ofmisbebaviotm

Powers and15. (1) Subject to the provisions of this Act, it shall be the duty of functions of thethe Commission to receive and inquire into a complaint from any Commission.person,-

(a) who has been unable to submit a request to a PublicInfonnation Ofticer, either by reaon that no such oflicerhas been appointed under this Act, or because theAssistant Public Information Officer has refused to accepthis or her application for fom arding the same to thepublic authority or the appropriate Government;

(b) who has been refused access to any information requestedunder this Act;

(c) who has not been given a response to a request forinfonnation or access to information within the timelimits specitied under this Act;

(d) who has been required to pay an amotmt of fee which heor she considers unreasonable;

(e) who believes that he or she has been given incomplete,misleading or false infonnation under this Act; and

(9 in respect of any other matter relating to requesting orobtaining access to records undcr this Act.

(2) Where the Conunission is satisfied that there are remsonablegrounds to inquire into the matler, it may initiate an inquiry inrespect thereof.

(3) The Commission shall, while inquiring into any matter underthis sedion, have the same powers as arc vested in a civil court

5of 1908. while trying a suit under the Code of Civil Procedurezlgo8, inrespect of the following matters, nam ely:-

.. *

(a) summoning and enforcing the attendance of persons andcompel them to give oral or m itten evidence on oath andto produce the documents or things;

(b) requiring the discovery and insmction of documents',(c) receiving evidence on affidavit;(d) requisitioning any public record or copies thercof from any

court or oftice;(e) issuing summons for examination of wimesses or

documents; and

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(9 any other matter which may be prescribed.

(4) Notwithstanding any thing consistent contined in any otherAct of Parliament the Commission may, during the inquiry ofany complaint under this Act, examine any record to which thisAct applies which is under the control of the public authority, andno such record may be withheld from it on any grotmds.

16. (1) Any person who, does not receive a decision within the Apgeal.time specified in sub-section (1) or clallsc (a) of sub-section (3) ofsection 8, or is aggrieved by a decision of the Public lnformationOfficer, may within thirty days from the expiry of such period or

from the receipt of such a decision prefer an aypeal to suchoftker who is senior in rank to the Public Infonnation Officer ineach public authority:

Provided that such officer may admit the appeal after theexpiry of the period of thirty days if he or she is satisfied that theappellant was prevented by sufficient cause from tiling the appealin time.

(2) A second appeal against the decision under sub-section (1)shall lie within ninety days from the date on which the decisionshould have been made or was actually received, with theCom m ission:

Provided that the Commission may admit the appeal after theexpiry of the period of ninety days if if is satisfied that theappellant was prevented by sufficient cause from tiling the appealin time.

(3) Where an appeal is preferred against an order made by thePublic Infonnation Officer under section 1 1 to disclose third partyinformation, the appeal by the concerned third party shall be madewithin thirty days from the date of the order.

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(4) If the decision of the Public Infonnation Officer against whichan appeal is prefen'ed relates to information of a third party, theCommission shall give a reasonable opportunity of being heard tothat third party.

(5) ln any appeal proceedings, the onus to prove that a denial of arequest was justified shall be on the public authority which deniedthe request.

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(@ An appeal under sub-section (1) or sub-section (2) shall bedisposed of within thirty days of the receipt of the appeal or withinsuch extended period not exceeding a total of fortpfive days fromthe date of filipg thertof, as the cmse may be, for reasons to berecorded in writing.

(7) n e decision of the Commission shall be binding.

(8) In its decision, the Commission hms the power toz-

(a) require the public authority to take any such steps as maybe necessary to secure compliance with the provisions of

this Act including -

(i) by providing access to information, if sorequested, in a particular form;

(ii) by appointing a Public Information Officer;(iii) by publishing certain infonnation or categories

of information;(iv) by making necessay changes to its practices in

relation te tbe malntenance , management anddestruction of records;

(v) by enhancing the provision of % ining on theright to information for its officials;

(vi) by providing it with an annual report incompliance with clause (b) of sub-section (1 ) ofsection 4',

(b) require the public authority to compensate thc complainantfor any loss or other detriment suffered;

(c) impuse any of the penalties provided under this Act;(d) reject the application.

(9) 'rhe Commission shall give notice of its decision, includingany rights of appeal, on the complainant and the public authorit'y.

(10) The Commission shall decide the 'appehl in accordance withsuch procedure ms may be prescribed.

(1 1) An appeal against the decision of the Commission shall !ie inthe H igh Court on any point of fact and law.

17. (1) No- ithstanding anything conuined in tlx provisions ofsection 20, where the Commission at the time of deciding anyappcal is of the opinion that thc Public Information Oflicer haspersistently failed to provide infonnation without any reasonablecause within the period specified under sttb-section (1) of section

Penalties.

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7, the Commission may authorise any oftker of the CentralGovernment to file a complaint against such Public InfonnationOfficer btfore a Judicial M agisa te of First Class.

(2) Any Public Information Officer who is in default under sub-section (1) shall be liable on conviction to fine which may extendto ruptes twenty-five thousand or a term of imprisonment whichmay extend to five years, or with both.

CHAPTER IVM ISCELLANEOUS

1#. No suit, prosecution or other legal proceeding shall 1ic againstany person for anything which is in god faith done or intended tobe done under this Act or any rule made thereunder.

Protection ofaction takert ingood faith.

Act to haveoveniding effect19. n e provisions of this Act sllall have efftct notwithstandinganything inconsistent therewith contained in the Official SecretsAct, 1923, and any other law for the time being in force or in any

190f1923 instrument having effect by virtue of any 1aw other than this Act.

20. No court shall entertain any suit, application or othcr Bar ofroceeding in respect of any order made under this Act and no jurisdictioa ofP courts.such order shall be called in question othenvise than by way of anappeal under this Act.

21. (l) Nothing contained in this Act shall apply to the intelligence Act not to applyand security organisations established by the Ilnion Govemment to ceruin

organisations.or any information furnished by such organisations tû that

Government:

Provided that the information pertaining to the allegations ofcorruption shall not be excluded under this sub-section.

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(2) The Central Govemment may, by notification in the OfficialGazmte, amend the Schedule by including therein any otherintelligence or security organisation established by thatGovernment or omitting therefrom any organisation alreadyspecified therein and on the pnblication of such notification, suchorganiation shall be deemed to be included in or, as the case maybe, omitted from the Schedule.

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(3) Every notification issued tmder sub-section (2) shall be laidbefore each House of Parliament.

22. (1 ) n e Commission shall, as soon as practicable after the end Monitoring andi lementation of this Act roporting.of each year

, prepare a report on the mpdtlring that year and forward a copy thereof to the CentralGovernment.

(2) Each Ministry or Department shall, in relation to the publicauthorities within their jurisdiction, collect and provide suchinformation to the Commission as is required to prepare thereport under this section and comply with the requirementsconcerning the furnishing of that infonnation and keeping ofrecords for the purposes of this section.

(3) Each report shall sute in respect of the year to which thereport relates,-

(a) the number of requests made to each publicauthority;(b) the number of decisions where applicants were not

entitled to access to the docum ents pursuant to therequests, the provisions of this Act under whichthese decisions were made and the number of timessuch provisions were invoked',

(c) the number of appeals referred to the Cornmissionfor review, the nature of the appeals and theoutcome of the appeals',

(d) particulars of any disciplinal'y action taken againstany om cer in respect of the administration of thisAct'

(e) the amount of charges collected by each publicauthority under this Act;

(9 any facts which indicate an effort by the publicauthorities to administer and implement the spirit

.'. * and intention of this Act;(g) recommendations for reform, including

recommendations in respect of the particularpublic authorities, for the development,improvement, modernisation, reform or amendm entto this Act or other legislation or common 1aw orany othzr m atter relevant for operationalising theright to access information.

(4) The Central Government may, as soon as practicable after theend of each year, catlse a copy of the report of the Commission

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referred to sub-section (1) to be laid before each House ofParliament.

(5) If it appears to the Commission that the practice of a publicauthority in relation to the exercise of its functions under this Actdoes not confonn with the provisions or spirit of this Act. it maygive to the authority a recommendation specifying the stepswhich ought in its opinion to be taken for promoting suchconformity.

23. (1) n e Central Government may, to the extent ofavailability of financial and other resources,-

(a) develop and organize educational programmes to advancethe understanding of the public, in particular ofdisadvantaged conzmunities as to how to exercise therights contemplated under this Act;

(b) encourage public authorities to participate in thedevelopment and organisation of program mes refen'ed toin clause (a) and to undertake such progrrammesthemselves;

(c) promote timely and effeotive dissemination of accurateinformation by public authorities about their activities;and

(d) train Infonnation Officers of public authorities and orproduce relevant training materials for use by the publicauthorities themselves.

(2) The Government shall, within eighteen months from thecommencement of this Act, compile in its official language aguide contining such infonnation, in an easily comprehensiblefonn and manner, as may reasonably be required by a person whowishes to exercise any right specified in this Act.

CentralGovernment toprepareprogommes.

(3) The Government shall, if necessary, update and publish theguidelines referred to in sub-section (2) at regujar intervals whichshall, in pm icular 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, eleckonic mail address of the PublicInformation Officer of every public authority appointedunder sub-section (1) of section 5',

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(c) the malmer and ' the form in which request for access toan infonnation shall be made to a public authority;

(d) the assistance available from and the duties of the PublicInformation Officers of a public authority under this Act;

(e) the assistance available from the Commission;(9 alI remedies in 1aw available regarding an act or failure to

act in respect of a right or duty conferred or imposed bythis Act including the manner of filing an appeal to theConunission;

(g) the provisions providing for the voltmtary disclosure ofcategories of records in accordance with section 4',

(h) the notices regarding fees to be paid in relation to requestsfor access to an information; and

(i) any additional regulations or circulars made or issued inrelation to obtaining access to an information inaccordance with this Act.

(4) n e Government must, if necessary, update and publish theguidelines at regular intervals.

24. (1) n e Central Government may, by notification in the Power to makeOfficial Gazette make rules to carry out the provisions of this Act. rttles by Central

) tjovrajmtrnt.

(2) ln particular, and without prejudice to the generality of theforegoing power, such rules may provide for a11 or any of thefollow ing matters, nam ely:-

(a) intervals at which matters referred to in sub-clauses (i) to(vi) of clause (b) of sub-section (1) of section 4 shall bepublished;

(b) the fee payable under sub-section (1) of section 6;(c) the fee payable under sub-section (l) of section 7',(d) the appellate authority before whom an appeal may be

preferred under sub-section (1) of section 1 5;(e) the procedure to be adopted by the Commission in

deciding the appeals under sub-section (10) of section 16;(9 any other matter which is required to be, or may be,

prescribed.

25. (1) n e competent authority may, by notification in the PoWer to makerules byOfficial Gazette

, m ake rulcs to carry out the provisions of this Act. competentauthority.

(2) In pmlicular, and without prejudice to the generality of theforegoing power, such rules may provide for a1l or any of thefollowing matters, namely:-

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(i) intervais at which matters referred to in sub-clauses(i) to (vi) of clause (b) of sub-section (1) of section4 shall be published',

(ii) the fee payable under sub-section (1) of section 6;(iii) the fee payable under sub-section (l) of section 7;(iv) the appellate authority before whom an appeal may

be preferred under sub-section (1) of section 15.,(v) the procedure to be adopted by the Cornmission in

deciding the appeals under sub-section (10) ofsection 1 6',

(vi) any other matter which is required to be, or may be,prescribed.

26. (1) Every rule made by the Central Govemment under this Act Laying of rules.shall be laid, as soon as may bc after it is made, before eachHouse of Parliament, while it is in session, for a total period ofthirty days which may be comprised of one session or in two ormore successive sessions, and if, before the expiry of the sessionimmediattly following the session or the successive sessionsaforesaid, both Houses agree in making any tnodification in therule or both Houses agree that the rule should not be made, tberule shal! tbereafter have effect only in such modified form or beof no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to thevalidity of anything previously done under that rule.

27. (l) If any difficulty arises in giving effect to the provisions of Ptmer to removeh C ntral Government may, by order published in the difficulties.this Act

, t e eOfficial Gazette, make such provisions not inconsistent with theprovisions of this Act as appear to it to be necessary or expedientfor removal of thc difficulty;

Provided that no such order shall be made after the expiry of aperiod of two years from the date of the commencement of thisAct.

(2) Every order made under this section shall, as soon as may beafter it is made, be laid before each House of Parliament.

5 of 2002. 28. The Freedom of lnformation Act, 2002 is hereby repealed. Repeal.

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ANM XURG W

N0.3401 1/6(s)/2004-Estt.(B)Government of India

M inistry of Personnel, Public Grievances and PensionsDepartment of Personnel & Training

Financial im plications on creation of postsfor the Central Information Ccm mission

S.NO. Nomenclature of post and scale No. of Approximate Totalof pay posts monthly expenditure

cmoluments cr annum1. Infonnation Commissioner 1 53360 6,40,320

R.s. 26000/- fixed2. Dy Information Commissioncr 5 48235 28 94 100> 1

> .22400-525-246003. Joint Secretary 1 42104 5,05,248

% .18400-500-224004. Director 5 33863 20,31,780

% .14300-400-183005. Deputy Secretary 1 29743 3,56,916

% .1200-375-16500)6. Under Secretary 5 26426 1 5,85,560

> .10000-325-1 5200)7. Section O fficer 12 17785 25,61,040

(% .6500-200-105008. Assistant 14 14973 25, 1 5,464

M .5500-1 75-90009. Sr Principal Private Secretary 1 29743 3,56,916

(> .12000-375-16500)10. Private Secretary 6 17785 12,80,520

% .6500-200-105000l 1. Personal Assistant 12 14973 21,56,1 12

(M .5500-175-900012. Peon 24 6019 17,33,472

% .2550-55-2660-60-3200Total 1,26,17,448

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ANNEXIJY V

No. 3401 1/8(s)/2û04-Est1.(B)Government cf lndia

M inistry of Personnel, Public Grievances & PensionsDepartment of Personnel & Training

Financial implications on the creation of posts for the Nodal Cell tobe set up in the M inistry of Personnel, Public Grievances & Pensions

for the Right to Information A ct.

S.No Nomenclature of N o. Approxim ate Total expenditure

. post and scale of of monthly per annuma osts emolum ents

1. Joint Secretary 1 421 04 505248

(lts. 18400-500-22460)

2. Officer on Special 1 29743 356916

Dutytlks. 12000-375-16500

3. S.0.(R.s.6500-2ûû- 1 17785 213420105ûû)

4. Assistantstlls.sso 2 11973 3593520-175-9000)

5 LDCIRS. 3050-75- 1 7363 943563950-80-4590)

6. Private Secretary 1 17785 213420

11 .6500-200-10500

7 P.A.IRS. 5500- 1 14973 179676175-9000)

8. Peons (Rs. 2550- 3 6019 2,1 6,684 -55-2660-60-3200)

Total 21,39,072

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secu 'r mos'r im< diate copv no - dopt.gov.ins)2004-estt-b-iii... · department...

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