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‘ 1 IBOVERNMENT OF TRIPURA
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3 ' Thefollowing Aizt received the assaseni of '.‘n=2 F’1"esi<;ii:¢i'1tui |I'\d§Z1C.ii‘l i5ii"i June, 2095' and is
1 ’ herelay republished for general information :~~
H. Nlajumdar
g: DLC 8. Eliisaputy Secretary (Lava), '
=' ‘ E3|:wt. of Tripura.
:'.,;i-ff’-'1;-ir'» = -r : Mii\IlSiTR‘|' OF LAW AND .:ii_|smcE
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"*5 Fiia foliowing Actof Parliameni reizéii/mi the assentof iha President
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7 I THE RIGHT TO INFORMATIOi~-I /MIST, 2605
Z ' NO. 22 OF 2005.
" [1!;'=l'i'? \iU¢'1(?, .2005]
i ‘ Ari Act to .p|'0ViC|-9 for setting out the practical regime of right to
‘ ,_ infi:ir|"nati-:m for citizens to secure access to iniumiaiion under the control of
. public: a_u"tI1-arities, in ordei to_'p'r0mote transpaareency and account."-ability in the
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PART-lit»- Ortinrs and Notifications by the Government of lntlia, Statutory Notifications of the
)3 Election Commission of India and other Election Notificatiorrs published for General
inlcrmatlon, Orders; and Notifications which have orlglnally been published in the
"Gatette of India" are only republished.
1.
GOVERNMENT OF Tl-tll-‘URA
' ( LAW DEPAl’ltTltilElttT
N11 1‘: 11011111111141.1111: '005 12>az‘ed,/\garl1al11. the 29ti1June, 2065.
, Theiollowing Act received the assent 01‘ th3 P15: ;i1;i1: 11toil11dizl C1111iilJune,20f)£1ar1clis
" hereby republished for general information .~—
The RightTo Infonnation Act, 2005.
B1 Majumdar
DLC 81 Deputy Secretary (Law),
’ Govt. or Tripura.
MINISTRY OF LAW AND JUSTICE
.11. (Legislative Dfl-partngmm)
New Del/11, the 21:11June, 2005/Jye1i31‘l1a 31, 1927 (5151/13)
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The followmg Actof Parliamsni retéil/ted the assent of ll1=i31eqident
« cnthe 15th June 2005. and 1s hereby published for general1111'11:’111ation
.. “MW . m,
1 ,. THE RIGHT TO lNFORMATlOl‘l ACT. 2005
' NO. 22 OF 2005.
[1511111111111 .2005]
An Act to ‘provide for setting out the practical regime of right to
infinrmation for citizens to secure access to infnnnalion under the control of
publ1(.authur1t1es1nordertopromotelr’msparoncyandaucou1‘1t11b1l1ty1nthe '
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it _' A 5 y Q ' Tripura Gazette, Extraordinary issue, July 2?, 20051.. liv.
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iihort title,
-extent rmcl
zommencement
Definitions
-
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working of every public authority, the constitution of a Contra Information
CQn'l|TllSi5iiOT'| and State Information Commissions and for matters connected
therewith or incidental trieretc. Z
WHEREAS, the Constitution of India has established democratic
Republic;
AND WHEREAS. democracy requires and informed citizenry and
transpare ncy of information which are vital to its functioning and aiso to contain
corruptirn and to hold Governments and their instrumantalities alzcountuole
to the governed ;
l'rl~i D WH ER EA-S, revelation of inform ration in actual practice is likely
to conflict with other public interests including efficient opsmtioris of the
Governrr ants optimum use of limited fiscal resources and the preservation of
confidentiality of sensitive information ; '
AND Wl-IERFEAS, it is necessary to harmonise thesis conflicting
intarestswhile preserving the paramountcy cf the democratic ideal ;
l-IOW, ‘THEREFORE, it is expedient to provide for furnishing certain
informatiran to citizens who desire to have it.
EIE itor1ni::ted by Parliament in the fifty-sixth Year of the Republic of India as
follows
L CHAPTER--I I
PRELINEINARV
1. (1) This Acztmayhe called the Righitolnformation /\ct,_2005. ,1
(2) it extends to the whole of India except the State o€Jammu’and
Kashmir.
( 3) The provisions of subs-section (1_i_cf section isyti-sections Q)4_
and r2) cl séction so, st;oiiqn§_'_12j:j 15. is 2437 ancl_2,8 $h;ii _rn?a_ir1toco
* re at once and the re rnaining provisions of this Act shall c cine into force
_ _ __ _ _ kw‘ : __, 7 ___ 7777/V _, '
2. In this Act, unless the context otharwise-requires,--
(.21) "appropriate Government" means in relation toa public authority
which is tzrstabiisshed, constituted, owned, controlled or substanl ally financed
by funds provicloci directly or indirecl|y-- _
(1') by tlir-:2 Central Government or the Union territory administration,
the Corrli at Governrnenl;
for, ,, ' - ' ‘ ' : ' '
on the one hundred and twéntioth day of its onactrnent. 7
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Tripura Gazette extraordinary Issue July 2?. 2005A. LP. . .‘, 4
r .~‘
working of every public authority, the constitution of a Contra Information
Commission and State Information Commissions and for matteI 5 connected
therewith or incidental thereto.
WHEREAS, the Constitution of India has established democratic
. Republic;
Short title,
extent and
:cmmencement
Definitions
AND WHEREAS. democracy requires and informed citizenry and
transpare ncy of information which are vital to its functioning and also to contain
corruptim and to hold Governments and their instrumentalities accountxible
to the gowemed ;
AN D WHEREAS, revelation of information in actual practice is likely
to conflict with other public interests including efficient operations of the
Governrr ents optimum use of limited fiscal resources and the preservation of
confidentiality ofsensitive Information ;
AND WHEREAS it is necessary to harmonise the: re conflicting
interest; while preserving the paramountcy cfthe democratic ideal;
NOW. THEREFORE. it Is expedient to provide for furIIFShing certain
information to citizens who desire to have It.
EIE it enacted by Parliament in the fifty—sixth Year cfthe Republic of India as
follows :~- ,
‘ CHAPTER-4
PRELIMINARYr
1. (1) This Act may be called the Right. to Information ActLZOOS. m
(2) It extends; to the whole of india except the State ofJammu and
Kashmir.
(3) The provisions of sub section (1) cfsection 4 sutI-sectionsfl)
and ('i) cfsectronb‘, sections 12 13.15 16, 24 27 and 28 hall come into
fI: zrce at once and the remaining prcvrsions of this Act shall c: cine into knee
on the one hundred and twentieth day of its enactment.
w
2, In this Act. unless; the context otherwiserequires,"
(it) “appropriate Government" means in relation toa public authority
which its (established, constituted, owned, controlled or substanl ally financed
by funds provided directly or indirectly—— ‘
(I) by the Central Government or the Union territory administration,
the Central Government ;
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"' Tripura Gazette, Extraordinary issue, July 27, 2005 A. I). r "
* P *
(1') by the State Government, the .‘Stnt:e Government;
|’b_.i "Central information Commission" means the Centnsri Information
Commission constituted under sub~seotion (1) of section 12 ;
(tr-_i "Central Public Information Officer" means the Central Public
in formation Officer ciesignated under :'suh-section (I) and includes a
_ CIr.:ntr"ai!\ssis;tant Public Information Oiiicer designated EIS such under
""9 stb~section (2) of section 5;
(=11 "Chief information Commissioner" and “In formation ():imrnissioner"
mean the Chief information Cornmissioner and Information
ClLii'TimitEiSiOIi€5i' appc-inteci under sub-section (3) ofsect on 12 ;
(ei "cornp-eient authority rneane" --
1» P (ii the Speakeriri the case oi the I--louse otthe |-'eopie or the
ité L.egi.~;;i:;;1tiw:: Asserritiiy of a State or a Union territory
' having such Assembly and the Ci1E1i!'t'i'ii§iti in th 2 case of the
Councii of Siitetes or Legisiative Council of a State;
la-nth:-v3"7=Vl-‘I
(ii) the Chief Justice oi indie in the case of the Suinreme Court;
(iii) the Chiei‘Justice of the Higi" Court in the case of a High Court;
_ (iv) the t7’resitientoi' the Governor, as the 1225256 rnagi be, in the
; ueee oi c titer mitt ioritiess estzataiished or cons;tit|,rt-ii-cl by or uncier
the iI1t:=:i:;titi_itio:'i ;
iv) U10Zltiiiili‘it$i.i'Eii.\Ji'L1}J|;.'CrtIi[€.-Ed uncierzaiiicie 215!) oithe Constitution;
(E "|ni0nn..=ition" "newts any material in any form, int:h.|:iing records,
‘ kcli -ctirnent~;,i iYI9ITi't)7$:f»,i’E!—fi'l<§lii$, oJ;iriion_s_¢_ aidyioes, f |nr’e-ss releaees;
i czittiiars, orders, iogbooks, o0ni;ra_i:ts,Zrepori:s, papers, samples,
j Wmodeis, data frnéitjeiriel heici in any eiectronio (form anti in*f§r’ma'tion_
Q felattiriij to tiny tirii/zatetajbooy wiiioh oan §¢;;e§§é§hy a pi ibiio authority:
‘ Tincier any other law for the time being in force;
5; Yg} "p|"eecribeT;i " means prexszoribeci/by ruies rnacie uncier this Act by
l_ the appropriate Government or the competent authority, ae the case
Vt, may be ; '
i3 (it) “public auth0ri'ty" means any authority or body or ineirtution of self-
government esstabiitshed or<;onstituieci~~
i
(a) by or underihe Constitution I
_ (b) by any other law made by,» Pnrlioriieritg
(oi by any other iztw made by State Legissizitum ;
(ti) by i1i.1i“iiC.i.iiiOi‘t i'5'lJ1.H,:(.f or oi"-:|e|'r|iz1tir;== try the appropriate
tic.-voiiniiorit, anti tIiC|t.itl€3‘i5 eny--
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'i'riput'a Gazette, Extraordinary issue. July 27. 2005 A D. r "
(if) by the State Government, the State Government;
{bl "Central Information Commission" means the Centrtzri information
Commission constituted under sub-section (i) of section 12 ;
(cat "Central Public lnforrr'ration Ofiicer" means the Central Public
in formation Officer ciesigr‘rated undereuh—seotion (I) and includes a
. Central Assistant Public Information Oi’licer designated are such under
SL b-section (2) of section 5 ;
(Ur “Chief Information Commissioner” and “Information Commissioner"
mean the Chief Information Commissioner and information
Cummirssioner appointed under sub-section (3) of seal on 12 ;
(e) "corr'rpeteni authority meane“ ~—
(0 the Speaker in the case oi the |~louse oi the People or the
Legit nth/o Aesem’oly of a State or a Union territory
having such Assembly and the Chair'rrrrzrrr in th a case of the
Council oiStetes or Legislative Council ofa Slate;
(ii) the Chief Justice of india in the case of the Supreme Court;
(iii) the Chreidustioe of the High Court in the case of a High Court;
(iv) the Pr», iLiGr’ltUl'titE} Governor; as; th ==
tat? rrragl be, in the
ct cthur «Authorities; established or constituted by or under
.rr:;titi.rtion ;
(it) tho aunrirwznrszttir oppornted under or iicie 215!) ofthe Constitution;
(i’, "Irrior'rnation" means any material in any form, including records,
documents, mernoe‘ e-rnaiis, opinions. advices, press releases.
oi'chlars, orders. iogbooks. contracts. reports, papers, samples.
models, data material held in any electronic form and information
relating to any private body which can be accessed by a public authority
under any other law for the time ban'in force;
(9) “prescribed" means prescribed by rules made under this Act by
the appropriate Government or the competent authority, aé the case
may be ; '
(h) “public authority” means any authority or body or institution of self-
girvernment established orconstituieci»
(a) by or under‘lhe Constitution :
(b) by any other law made by Parliament;
to) by my other law made by State Legislature ;
(u) by not r'ionlior'r issued or or
t5t.-vorrrrrrerrt, and include
3r math: by the appropriate
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Tripura Gazette, Extraordinary Issue, July 27a 2005 A. D - ‘
A s
(i) body owned, controlled or substantially financed 1 Rib
(ii) non-Government organization substantially 3
financed, directly or indirectly by funrls provided
by the appropriate Government;
-4
(ii “record” includes-
(a)- any document, manuscript and file ;
’ (ti) any microfilm, microfiche and facsimile copy of a
docurnent ;
(cr) any reproduction of image or images erribodied in such
microfilm (whether enlarged or not) ; and
(cl) any other material produced by a corrzriuter or any
other device ;
Q: I "right to info 'mation" means the right to inforrnatioii accessible
under this Act which is held by or under theconlirol of any
public authority and includes the right to--
fi) inspection of work, documents, records .
(ii) taking notes, extracts or certified copies -oi‘ documents
or records ;
(iii) taki '19 certified samples of material ;
(iv) obtaining information in the form of dis‘-i<rE-tiles 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 ;
i’l:"_l “State Information C_ommissiori" means the State lrformation
Commission constituted under sub-section (1) of section 15 ;
1
é
(ii “State Chief li1foi'niatidn Cornmiss oner" and "State information
C ommissioner” mean the State Chief Information Commissioner and
the State information Commissionerappointed unde' sub-section '
(Ii) of section 15 ;
im) "State Public information Office;:r'" means the State Public
Information Officer designated under sub-section (1'): and includes
a State Assistant Public Information C>l"iicer designated at 2 such under
s..ib-sectiori (2) of section 5; ,
ijn) "third party" means a person other than the citiz an making a
request for information and includes a public authority.
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Tripura Gazette. Extraordinary Issue. July 27f, 2005 A. I) . '
(i) body owned, controlled or substantially: financed ;
(ii) non-Government organization ssubstantialiy
financed, directly or indirectly by funrls provided
by the appropriate Government ;
(iI "record" includes--
(a) any document, manuscript and tile ;
(LI) any microfilm, microfiche and facsimiie copy of a
document;
(c) any reproduction of image or images embodied in such
microfilm (whether enlarged or not) '. and
(cl) any other material produced by a computer or any
other device ;
(f/jl “nght to infO'mation" means the right to information accessible
under this Act which is held by or under the’conh'ol of any
public authority and includes the right to--
(I) inspection of work, documents, records I
(ii) taking notes. extracts or certified copies oi documents
or records ;
(iii) taki'Ig certified samples of material ;
(iv) obtaining information in the form of diskettes floppies
tapes,video cassettes or in any other electronic mode
or through printouts where such information is stored in
a computer or in any other device ;
(Ir) “State lnformation 09mmission" means the State II’formation
Commissron constituted under sub—section (1) of section 15 ;
Il
(ii “State Chief lnfomtation Commiss oner’ ’and' 'State information
(I ommissioner" mean the State Chieflnformation Comn Issioner and
the State information Commissioneiappointed unde sub-section
(iii) of secrion 15 ;
(In) "State Public information Officer" means .the State Public
Information Officer designated under sub-section (1'1: and includes
a State Assistant F'LIinc Information Officer designated a s such under
1'5 “Io-section (.2) of section 5 ;
(II) “third party" means a person other than the CitiZ an making a
request for information and includes a public authority.
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Tripura Gazette, Extraordinary issue. Juiy 27. 2005 A. D , ,
CHAPTER-ill
RlGH"|" T0 INFORMATION AND OBLIGATIO N55 OF PUBLIC AUTHORITIES
Subject to the provisions of this Act, all citizens shall have the right Rlsllltfiy
, tc information. mfmmcmn
4, (1') Every public authority shail—- §",'§§Zii§§"s
authorities.
(El) maintain ail its records duly catalogued and indexed in a manner
a 1d the form which facilitates the right to information under this Act
a id ensure that all records that are appropriate to be com puterised
a "e, within a reasonabie time and subject to availability r;-f resources,
cl zmputensed and connected through a network all ove ' the country
an different systems so that access to such records is facilitated ;
.1 N
{i;i) publish within one hundred and twentydays from the enactment
oi’ this Act -- if 7
ii) the particulars of its organisation, functions and
duties ; '
(iii the powers and duties of its officers and employees ;
(iii) the procedure followed in the decision mailzing process,
including channels of supervision and acczountability ;
(iv) the norms set by it for the discharge of its functions ;
(v) the rules, regulations, iristructions, manuals and records,
» held by it or under its control or used by its employees
for discharging its functions ;
(vi) a statement of the categories of clocumiants that are
held by it or under its control ;
(i/fr',l the particulars of any arrangement that exists for
consultation with, or representation by the members of
the public in relation to the formulation of its policy
or implementation thereof ;
(viii) a statement of the boai"ds,‘Eouncils, con" mlttees and
other bodies consisting oftwo or mt:-re persons
constituted as its part or for the purpose of its advice,
and as to whether meetings of those bO€ill"dS, councils,
committees and other bodies are open to the public, or
the minutes of such meetings are ascessible for
public ;
(ix) a directory of its officers and employees;
(xi the monthly remuneration received by each of its officers
and employees, including the system of crmpensation
as provided in its regulation ;
(xi) the budget allocated to e ch of its agency, indicating
the particulars of all plantg? proposed expenditures and
_ ‘ reports on disbursements made ;
____ __ W V ___ V ..,___;— _ ___.,_; _ 4...? — — ___:—— - __.--u i-._..
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Tripura Gazette, Extraordinary issue. July 27, 2005 A. D
CHAPTER—ill
RIGHT TO INFORMATION AND OBLIGATIO Nti OF PUBLIC AUTHORITIES
Subject to the provisions of this Act, all citizens shall have the right Rtghttt‘
tc information. tnfnrmatlon
’ ' ' 0in atizms
(3) Every PUbIIC authority shall—— of pgbm
authorities,
(2|) maintain all its records duly catalogued and indexed in a manner
5' 23 '1d the form which facilitates the right to information under this Act
a 1d ensure that all records that are appropriate to be computerised
as, within a reasonable time and subject to availability infresources.
or )mputensed and connected through a network all ove ‘ the country
or different systems so that access to such records is facilitated ;
(ll) publish within one hundred and twenty days from the enactment
ol’ this Act —-
(i) the particulars of its organisation, functions and
duties :
(ii) the powers and duties of its officers and e mployees ;
(iii) the procedure followed in the decision making process,
including channels of supervision and accountability ;
(iv) the norms set by it for the discharge of its. functions ;
(v) the rules, regulations, instructions, manuals and records,
held by it or under its control or used by its employees
for discharging its functions ;
(VI) a statement of the categories of documents thatare
held by it or under its control ;
(vii) the particulars of any arrangement that exists for
consultation with, or representation by the members of
the public in relation to the formulation of its policy
or implementation thereof ;
(viii) a statement of the boards, Eouncils, con' mittees and
other bodies consisting oftwo or more persons
constituted as its part or for the purpose of its advice.
and as to whether meetings of those bOfll ds, councils,
committees and other bodies are open to the public, or
the minutes of such meetings are ascessible for
public ;
(ix) a directory of its officers and employees ;
(x) the monthly remuneration received by each of its officers
and employees, including the system of cc‘mpensation
as provided in its regulation ;
(x1) the budget allocated to 9 ch of its agency, indicating
the particulars of all planté,a proposed expenditures and
reports on disbursements made ;
I J»
I4
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" 0
'i'ripura Gazette, Extraordinary issue July 27. 2005 A. D. ‘
'3. 4 '
inform
be, in
provid
(xii) the manner of execution of subsidy programmes,
including the amounts allocated and the details of
beneficiaries of such prograrnrnes ;
(xiii) particulars of recipients of concessions, oermits or
authorisations granted by it ;
(xiv) details in respect of the information, 3\/Biiabil} to or held
by it, reduced in an electronic form ',
(xv) the particulars of facilities available to citizens for
obtaining information, including the working houn-. of a library
or reading room, if maintained tor public use ;
(.<vi)_ the names, designations and other particule rs of the
i Publiclznlonnation Officers; _ Z ii
Yxvii) such other information as may beg
thereafter upclate thesepublications_eveg_QaLy _,
(cl publish allreilevant factswhile formulating irnportartpolicies or
announcing the decisions which affect public ;
[2
at itlio
of this
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lnlr:
. . . . . .. . . . . “H
(oi provide reasons for its aclministrative or C|U8St-_[Lldll3l-Eli decisions fie‘
to affected persons.
(2!) ltshallbe aconstant endeavour of every public authority to Of,
take steps in accordance with the requirements of clause (b) of W,
sub-section ('i)_to_provide as _rnu,clj:informatioi1 suo mgtuto the‘ inf
p..lbliC at regular intervals through various means of communication,
iricfiding interneffso that the public: have minimum resort to thejuse‘
Eat this Act toobtairfffilgrmaim i ii i * i is i ’ O
(J?) For the purposes of sub-section ff), every information shall loci I
' ely and in such forth and manner ‘N"llCh is easily‘ 3'cisseminated wid
Zccessible to the public. i i
(4) F/til materials shg be disseminal;edtakirlg_into con: -ideralion the
czosteflectivenessg local language and the most effective method (
Tit oo’mrnuinic:atio_ri_ in £ha;t_locaTai"ezi andgtlweintormationshould be S
Tiasily accessible, to the extent possible in electron-c format with - 1
The (fentral Public _lnf'ornjation Officer or State Publ-:lnformation_
Tlfficer, as the case may be, available free or at su :h cost of tile
Tiedium or the print cost price as may be prescribed.
Explanalion.- For the purposes of subsections (3) and (4),
‘disseminated’ means making know or communicated l we informationw ublic
'10 the Public through
announcementbmedia broadcasts, the lnternet or any othermeansu
mclucling inspection of olficesof any public authority.
i
5. (1 ) Eveiy public authority shall, within one hundred days of theenactmentP°“i;I'"1"¢'" °7 5 _ Public lnfcrma
at th§ Act, designate as many officers as the (Jentral Public omm,,5_
— —— - .-—_ _ - --..r
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E...-... -.._.. . _- .._.--
'i‘ripura Gazette, Extraordinary issue July 27‘ 2005 A. D.
A)
(xii) the manner of execution of subsidy programmes,
including the amounts allocated and the details of
beneficiaries of such ‘programmes ;
(xiii) particulars of recipients of concessions, oermits or
authorisations granted by it .
(xiv) details in respect of the information, available to or held
by it. reduced in an electronic form ',
(xv) the particulars of facilities; available to Citizens for
obtaining information. including the working houn‘v. of a library
or reading room, if maintained tor public use ;
(xvi) the names. designations and other particulars of the
Public information Officers ;
(xvii) such other informationas me be re
thereafteru datethese ublications eve eat"
(a) publish all relevantfactswhile formulating lmportartpolicies or
announcing the decisions which affect public ;
(a) provide reasons for its administrative or quasi-judici at decisions
to affected persons.
(1‘) ltshallbe aconstant endeavour of every public :tuthorityio
take steps in accordance with the requirements of clause (b) of
55' ib-section (1) to provide as much information suo motu tithel
PJbllC at regular intewals through various means of communication,
W that the public: have minimum resort to the use
31% Act to obtain inform
(I?) For the purposes of sub—section ('1), every information shall be
cisseminated widely and in such form and manner in wich is easily
a ccessible to the public.
(4) All materials: shall be disseminated taking into con: .ideration tlfi
cost effectiveness, local language and the most effective metEgl
of communication iuhatiocal area and the information should be
l'laSlt‘I accessible, to the extent possible in electron‘cforma with
the Central Public information Officer or State Publiclnformatio
I‘thicer, as the case may be. available free or atsu :h cost of the
Explanation.~ For the purposes; of subsection; (3) and (4),
disseminated" means making know or communicated l we information
'20 the public through notice boards Wows public
announcement. media brmcasts. the internet or any other means
including inspection of offices of any public authority
5. (1) Even; public authority shall. within one hundred days of the enactment 332i;:‘i:lrigr:r:i
i . l . Y
of this Act, dezslgnate as many officers as the Central Public omcew
/“
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be. in
provid
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Tr-ipura Garette. Extraordinary Issue, July 27, 2005 A. D. r
Irrformaticrn Officers or State Public information Officers, as the case may
be, in all -administrative units or offices under it as may be necessary tc
provide information to persons requesting for the information under this Act
(2) Wrtliout prejudice to the provisions of sub--section (I), every public
autl'iority shall design -ate an officer, within one hundred days of the enactnreni
at this Act,at each st b-divisional levelor other sub-district level as a Centre lg
Assistant; Public Information Officer ora State Assistant Public lnformatior r_
Ofiiiier, as the case may be, to receive the applications for information or
appeals under this PIX-fitfor forwarding; the same forthwith to the CentralPulolii‘
_lnformation Officer. or the State Public information Officer or senior 0 ' re rffrc
specifiecl under sutrfsectiorflll ofsectionytg or the C-entfal hwformati-air
Comrnissiorr or the State Information Commission, as the case may bef Z;
Provided that where an application for information or appeal is give 1
to a Central Assista it Public Information Officer or a Stale Assistant Public
information Office r, as the case may be, a period of five clays shall be added
in computing the period for response specified under sub-section (I) -.>f
section 7.
(3) Every Central Public information Officer or State Public lnformaiirn
Officer, as the case may be, shall deal with requests from persons seeliing
information and render reasonable assistance to the persons seeking such
infor lTtariiorr
(_4) The Central Public lnformalzion Officer or State Public |f‘lfOl'lT'l2Elill)f‘l
Officer, as the case may be, may seek the assistance of any other Officer
as he or she considers it necessary for the proper discharge of his or her
duties.
(5) Any officer whose assistance has been sought under sub-section
(-4), shall render at assistance to the Central Public: Information Officer or
State Public lniornation Officer, as the case may be, seeking his or her
assistance and for the purpose of any contravention of the provisions oft his
Act, such other off cer shall be treated as a Central Public Information Olfi :er
or State Public information Officer, as the case maybe.
,\/6. (I) A person, who desires to obtain any information underihis Act,
shall make a request in writing or through electronic means in English or
Hindi or in the official language of the area in which the application is bi ing
made, zrccornpar ying such fee as may be prescribed, to --—
(_a) the C2: antral Public information Officer or Slate Public lnforrrrrtion
Officer, as the ca se may be, of the concerned public authority 1
Request for
obtaining
information.
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6
‘i’ripura Gazette. Extraordinary issue, July 7.7, 2005 A. D. r
information Officers or State Public information Officers, as the case may
be, in all administrative units or offices under it as may be necessary it
provide information to persons requesting for the information under this Act
(2) Without prejudice to the provisions of sub-section (i), every public
authority shall designate an officer, wittrin one hundred days of the enactmeni
of thiflc‘t, at each EL b—divisionai level or other sub-district level as a Central
Asststanl Public information Officer or a State Assistant Public lnformatior r
Officer, as the case may be, to receive the applications for information or
appeals underthis Act for forwarding the same forthwith to the Central Public
information Officer. or the State Public information Officer or senior officer
specified under sub-section (i) of section 19 or the Central information
Commission or the Estate information Commission, as the case may be :
Provided thrirtwhere an application for information or appeal is give 1
to a Central Assists it Public information Officer or a State Assistant Public
information Officer, as the case may be, a period of five clays shall be added
in computing the period for response specified under subsection (i) of
section 7.
(:3) Every Central Public information Officer or State Public lnformatir in
Officer, as the case may he, shall deal with requests from persons seeking
information and render reasonable assistance to the persons seeking su :h
information
(4) The: Central Public information Officer or State Public information
Officer, as the case may be, may seek the assistance of any other Offrr er
as he or she considers it necessary for the proper discharge of his or tier
duties.
(5) Any officer whose assistance has been sought under subsection
(4), shall render al assistance to the Central Public information Officer or
State Public lnfor nation Officer, as the case may be, seeking his or her
assistance and for the purpose of any contravention of the provisions oi’ihis
Act, such other off cer shall be treated as a Central Public information Olfi :er
or State Public information Officer, as the case maybe.
6. (l) A person, who desires to obtain any information under this r‘ict,
shall make a request in writing or through electronic means in English or
Hindi or in the official language of the area in which the application is in ing
made, accornpar ying such fee as may be prescribed, to —-—
I (a) the C: antral Public information Officer or Slate Public inforrrrr'tion
Officer, as the ca so may be, of the concerned public authority ;
Request for
obtaining
information.
i
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a
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1’. 4
Tripura Gazette. Extraordinary Issue. .-July 27, 2005 A..[) 3- "
. . " <
(|I)) the Central Assistant Public Information Officer or State Assistant
Public Information Officer, as the case may be,
_ $|£tHCifyiftg the particulars of the information sought by hi T1 or her;
Provided that where such request cannot be made in writing, the
Central Pulillc Information Cifiicer or State Public Information Officer, as the
case may he, shall render all reasonable assistance to the person making
the request orally to reduce the same in writing.
(2) An applicant making request for iriforrnation shall not lie requirect
to give any ieason for req uesting the information or any other pers- anal details
except those that may be necessary for contaritlng him.
(3) Where an application is made to a public authority re-cuesting for
an intomiat on.»-
(i] which is held by another public authority; or
(ii) the subject matter of which is more closely sonnectecl
with the fur cticins of another public authority, if '
the public authority. to which such application is made , shall transfer the
application {fir such part of it as may be appropr'iate tothat other pub‘ ic authority
Oi:-.posal of
"'re1TTe'H‘""'
and inform the applicant irnmediatety about suohtransfeg;
Provided that the transfer of an application pursunnt to this
sub-section shall be made as soon as practicable but in no cairn later than
five days lr am the date of receipt of the application.
@
l\/fijl) Subject to the proviso to sub-section (2) of sect"ii.in 5 or the
proviso to sub-section (3) of section 6, the Central Public lnfom1a"i0n Officer
or State Piblic Information Officer, as the case may be, on receipt of a
request under section 6 shall, aseiipeditiously as possible. and_i_i any case‘
within thirty days ofthe receipt of the request, 6-iii1@[_p[QVl(ie_Ih8 i 1formati_on__
on paymen t of such fee as may be prescribett or reject the request for any of,
--.
of:
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the reafins specified in sections 8 and 9; ~ P \/(5
Pr-iivided that where the infoimation soyght for concerifls the life oi
liberty oia ptarsoglhe same shall be provided witliin_fo_rty-eigtit hours of the
recei -ipt of tl ic request
(2) It the Central Public Information Officer or State Public Information
Officer, as the case may be, tails to give decision on the request for information
within the period specified under sub-section (l), Central Public liformation
Officer or State Public Information Officer, asrthe case may be, shall be
deemed to have refused the regyeg;|_____________
(El) Where a decision is taken to provide the information <1 n payment
‘-352
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Tripura Gazette, Extraordinary issue. -.|u|y 27. 2005 A, D 'A '
r
(b) the Central Assistant Public information Officer or State Assistant
Public information Officer, as the case may be, of:
Pu
ITiE
specifying the particulars of the information sought by hi n or her;
Provided that where such request cannot be made in writing, the
Central Puiiilc Information Officer or State Public Information Officer, as the
case may he, shall render all reasonable assistance to the person making . z
| i
the request orally to reduce the same in writing. gr
(2) An applicant making request forinforrnation shall not i ie required rat
to give any ieason for requesting the information or any other persi inai details iie
except those that may be necessary for contacting him. p“
(3) Where an application is made to a public authority rec-uesting for
an informaton.»
‘ de
(i) which is held by another public authority; or W
(ii) the subject matter of which is more closely :onnecteci an
with the fur ctions of another public authority,
(4
the public nuthority‘ to which such application is made , shall transfer the or
application or such part of it as may be appropriate to that other pub‘ ic authority di:
and inform the applicant immediately about such transfg; 0‘
int
Provided that the transfer of an application pursurint to this m
sub-section shall be made as soon as practicable but in no came later than
five days lr )m the date of receipt oi the application. , (5
el
"“322? 0‘ "\/{ifil) Subject to the proviso to sub-section (2) of section 5 or the El
proviso to sub-section (3) of section 6, the Central Public infonna'ion Officer
or State P tiblic Information Officer, as the case may be, on receipt of a a!
request under section 6 shall, as expeditiously as possible. and it any case s]
within thirty days of the receipt of the request. either provide the i 1formation d‘:
on paymen t of such fee as may be prescribed or reject the requoiit for any of
the reason 5 specified in sections 8 and 9; W
Provided that where the information sought for concerns the life or g:
liberty of a personLthe same shall be provided within forty-eight hours of R: 8|
receipt of ti ie request.
(I!) lithe Central Public information Officer or State Public Information f;
Officer, as the case may be. tails to give decision on the request for information 5
within the period specified under sub-section (l), Central Public ltformation 3
Officer or :EState Public information Officer, asthe case may he, shall be
deemed to have refused the re u s ' (t
(it) Where a decision is taken to provide the information r n payment
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fripura Gazette, Extraordinary issue. July 27, 20tJ.'Ei A. El. r
of any furthe r fee representing the cost of provirlinygg the information, the Central
Public information Officer or State Public information Officer, as the case
may be, Si'lEl.|l send an intimation to the person making the request, giving-
(at the details of further fees representing the cost of providing the
infoi'rnatioi'i as determined by him, together with the calculations made to
arrive at the amount in accordance with fee prescribed under Sub--Section (I),
requesting liirn to deposit that fees, and the period intervening between the
itespatch oi the said intimation and payment:-f fees shall be exclu Jed forthe
purpose of nalculating the period of thirty days referred to in that st ib-section;
(ti) information concerning his or her right with respect to review the
iztecision as to the amount of fees charged or the form of access provided,
including ire particulars of the appellate aulihority, time limit, process and
any other ic rms
(4) Where access to the record or a part thereof is required to b a provided
under this Act and the person to whom access is to be provided is sensorily
disabled, tie Central Public information Officer or State Public Information
Officer, trie case may be, shall provide assistance to enable ac sess to the
information including providing such assistance as may be appropriate for
the inspect on.
(5) Where §ElCCE'S£5 to information is to be provided in the printed or in any
electronic format, the applicant shall, subject to the pro visions of
suh-section (6) pay such fee as may be prescribed;
Pi'('I\'lCl(-DC] that the fee prescribed under sub-section (I) czf section 6
and sub--sections (l) and (El) of section 7 shall be reasonable and no such fee
shall be charged from the persons who are of below poverty line as may be
deterrniried by the appropriate Government.
' 6) Notwitliizitandiiig anything contained in sub-section (5), the person making
request for the information shall be provided the information fer.» of charge
where a public authority fails to comply with the lirnits specified in
sub-section (I).
(2') Before taking any decision under sub-section (I), the Central Public
Iriformatioii Officer or State Public Information Officer, as the case may be,
shall take i tto consideration the representat on made by a third party under
section 11.
(8) Where a request has been rejected under sub-section (l), the Central
Public Information Officer or State Public lriforrnation Olficer, as the case
may be, shall communicate to the personmaking the request,-~
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I‘ripura Gazette, Extraordinary Issue. July 27, 2065 A El.
ant
‘ of any turthe r fee representing the cost of providing the information. the Central
.. Public Information Officer or State Public information Officer, as; the case
hi may be, shall send an intimation to the person making the request, giving—
e
he i (a) the details of further fees representing the cost of providing the
”9 'inforrnatioi'i as determined by him, together with the calculations made to
arrive at the amount in accordance with fee prescribed under Sub-Section (l), ,
9" requesting him to deposit that fees, and the period intervening between the f.
”5; despatch oi the said intimation and paymentoffees shall be exclu jed forthe is
_ , purpose of calculating the period of thirty days referred to in that 2;! ib-section;
or
(D) Information concerning his or her riglitwith respect to review the
decision as to the amount of fees charged or the form of access-z. provided,
Including tl‘e particulars of the appellate authority, time limit, process and
it ‘ any other Icrms
i,
(4) Where access to the. record or a part thereof is required to b 3 provided "I
'9 under this Act and the person to whom access is; to be provided l5 sensorily
3’ disabled, the Central Public Information Officer or State Public Information
Officer, as the case may be, shall provide assistance to enable eczess to the w
. information, including providing such assistance as may be appropriate for ¥
”5 the inspect on,
in
[5) Where access to information Is to be provided in the printed or in any
electronic format, the applicant shall, subject to the pro visions of
sub-section (6) pay such fee as may be prescribed; if
f? i
3’ Provided that the fee prescribed under sub—section (l) of section 6 ‘5
L and sub-sections (l) and (5) of section 7 shall be reasonable and no such fee “
i shall be charged from the persons who are of below poverty line as maybe I
L;- deterrnlned by the. appropriate Government. 5‘
I;
Wotwithntanding anything contained in sub-section (5), the perr-ion making ;
request for the information shall be provided the informationjfeigf charge 7
L where a gublic authority fails to comply with the limits specified in
3 Subsection (I).
(7') Before taking any decision under sub-section (I), the Central Public
1 Information Officer or State Public Information Officer, as the case may be,
1 _ shall take i 110 consideration the representat on made by a third party under
l .
section 11.
(8) Where a request has been rejected under subsection (I), the Central
Public Information Officer or State Public Information Oiticer, as the case ’ ’f i
may he shall communicate to the personmaking the request». "
S)
I
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1 ripura Gazette. Extraordinary Issue, Ju|y'27, 2005 A. D.
(i) the reasons for such rejection;
(ii) it we period within which an appeal against such rejection may be
ygirefarred; ar d
(iii) the particulars of the appellate authority.
(19) An information shall ordinarily be provided in l.he form in which ii is sought
unless itwoiilcl disproportionately divert the resources of the publii : authority
orwould be I ietrimental to the safety or preservation of the record in question.
El. (ll N_ot\rvi".hstandinq anything contained in this Agt. there 2-.i"ali be no
»--J...‘ .'.. -~
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or ovt
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Pi itili
EX!-!|TlD\lt)l\ aufl,“
_'_‘_ I ~'_.___ .,W __ _ _, a y ‘qr--——--"’
otaligiatioiw to give any citizen,_—- just];
(a) nformation, disclosure of which would prejudicially affect the
inforrmil on
sovereig'nty7:'ind integrity of India, thezsrecurity, strategic, scientific oreconomic O, E,
intereslsoi the State, relation with foreign State or lead to incitement of an
£-
offence,___.._.
(b) information which has been expressly forbidden to be Published
by any cour: of law or tribunal or the disclosure of which may constitute
contempt of court;
(c) nformation, the disclosure of which would cause a breach of
privilege of F-’ai'iiament or the State Legislature‘,
id) nformation including commercial cnniicience, trade secrets or
intelisctuai iiiroperty, the d sclosure of which would harm the ciimpetltive
position of iii third party, unless the competent authority is satisfied "hat larger
public interest warrants the disclosure of such information;
(e) iiforrnation available to a person in his fiduciary relations tip, unless
the r.:orripei;t:~rit authority is satisfied that the larger public intercsl warrents
the disclosu "es of such information;
ii) information received in confidence from foreign Goverrment;
ig) information, the disclosure of which would endanger the life or
physical safety of any person or identity the source of information or nssistance
given in corridence for law enforcement or security purposes;
\/(h) iwformation which would impede the process of investigation or
appreheiisic n or prosecution of offenders 1 _
( i) cabinet papers including records of deliberation of the Council of
Ministers, Si-ecretaries and other officers ;
Provided that the decisions of Council of Ministers, thii: reasons
U1 1923
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any l
auth
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£9-.5
take;
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iripura Gazette. Extraordinary issue, July 27. 2005r A. D.
there:
be int.
(i) the reasons for such rejection; 0.» ow
(ii) he period within which an appeal against such reiectit in may be
preferred; ar ii
(iii) the particulars of the appellate authority. speci
(‘3) An information shall ordinarily be provided in the form in which ii is sought
unless it wot iid disproportionately divert the resources of the pubiit : authority whici
orwould be I letrirnental to the safety or preservation of the record in question. ceius
- F'ubii
53:, (ll Notwithstandin an 'thin contained in this Act there st'all be no mm" autht
obligation to give any citizen —- W justit
(a) nformation. disclosure of which would prejudiciaily affect the informal 0“
sovereignty : ind integrity of indie. the security, strategic, scientific or economic / or a
interests of the state. relation with foreign State or lead to incitement of an
offence, oi 1923
r“ ,_.~
ariyi
(b) information which has been expressly forbidden to be published m
by any court of law or tribunal or the disclosure of which may constitute outvt
contempt of court; *—
(c) niormation. the disclosure of which would cause a breach of (i), 4
privilege of Parliament or the State Legislature; RTE:
re};
(d) niormation including commercial confidence, trade recrets or m
intellectual property; the d sciosure of which would harm the competitive “‘
position of a third party, unless the competent authority is satisfied 'hat larger
public interest warrants the disclosure of such information; the
Cur
(e) i ‘1formation available to a person in his fiduciary relations lip; unless {mg
the competent authority is satisfied that the larger public interest warrents
the disciosu 'es of such information; lul|dS for
latch to -
HES ill In“
(t) information received in confidence front foreign Government; m cases; ma
. 7v?
9) information, the disclosure of which would endanger the life or E.—
physical safety of any person or identify the source- of information or assistance "-
given in con' idence for law enforcement or security purposes; "“ab'my'
gt“
\A’h) information which would impede the process of investigation or ~ rm
apprehensic n or prosecution of offenders '. to
ex
(i) cabinet papers including records of deliberation of the Council of frc
Ministers, Secretaries and other officers;
Prtzrrided that the decisions of Council of Ministers, the reasons
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'l'"ipura Gazette. Eixlraordinary issue, Ju y 27, 2005 A. D.
thereof, and the material on the basis of which the decisions were taken shall
be l‘l'\i;lCle pulblic after the decision has been taken and the matter is complete,
or over:
Provided further that those matters which come under the ex emptions
specified in i"llS section shall not be disclosed;
(j) iril ormation which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which would
causeiinwari ented invasion of the privacy of the individual unless lh a Central
Public: lnforiiintion Officer or the State Public Information Officer or the appellate
authority, as the case may he, is satisfied that the larger public interest
justifies the disclosure of such information;
. Provided that the iiifcirrnation which cannot be denied to the Parliament
oi a Stale Legjislature shall not be denied to any person.
(2) l\otwithstanding anythingin the-,_Offii:iai Secrets Act, 'i923go;
any of the exam ptionsfpermiissibie in accordance with subsection (11, a public;
authority may allow access to information, if public interest in disclosure
outweights the ha rm to the protected interests. 7 X
(3) S abject to the provisions of clauses (a), (c) and (i) of si.il.i-seclio_ri\
(I), any ififorr'iatio_n relating to jaiiyyoccurrence-,1 event or niattervrhich ha§_
takeri placejcctiifreci or happened tweny years before the date on which rag
request is nizide under section 6 shall be provided to any person rnaking a
. 73>request under that section;
Provided that where any question arises as to the date fi"r.im which
the said peiiiid of twenty years has to be computed, the decisicn of the
Ceritral Government shall be final, subject to the usual appeals provicled for in
this Act.
UlldS for _ 9. V\i'ithout prejudice to the provisions of section 8, a Centi al Public
:;"'"f° lntoriiiation Officer or State Public information Otiiceri as the case may be,
sit cases. may reject a inquest for in foriinaiign where such at r_ei:@est for providing access_
would involve an infi'ingerr_i_eiit of copyright subsisting in a person other than
the State. P P P T x
'10. (‘ ) Where a request for access to inl'oi'mation is rejected on the
ground that it is in relation to information which is exempt from disclosure,
then, iiolwithstariding anything contained in this Act, access maybe provided
to that part oi" the record which does not contain any information which is
eiteinptfrom disclosure under this Act and which can reasonably be severed
from any part that contains exempt information.
(2) Where access is granted to a part of the record under sul:~section
, y ' Km
its rtif
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-~———1
‘10
T 'ipura Gazette. Extraordinary Issue, .Ju y 27, 2005 A. D. '
thereof, and the material on the basis of which the decisions were taken shall
be made public after the decision has been taken and the matter is complete.
or over:
Provided further that those matters which come under the ex emptions
specified in t'iiS section shall not be disclosed;
(j) information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which would
caus’efiinw'arr ented invasion of the privacy of the individual unless tn 3 Central
Public infornniition Officer or the State Public information Oificerorthe appellate
authority, as the case may he, is satisfied that the larger public interest
justifies the disclosure of such information;
Prowded that the information which cannot be denied to the Parliament
or a State Legislature shall not be denied to any person.
(2) hotwithstandingflything in the Official Secrets Act, 1923 nor
any of the exemptions permissible in accordance with sub—section (h a public
authority may allow access to information, if public interest in disclosure
outweights the harm to the protected interests.
(3) S .ibject to the provisions of clauses (a), (c) and (i) of sub—section
(i), any inforr‘iation relating to any occurrence, event or matter which has
taken place, occurred or happened tweny years before the date on which any
request is made under section 6 shall be provided to any person making a
request under that section;
Provrdeci that where any question arises as to the date from which
the said period of twenty years has to be computed, the decisim of the
Central Government shall be final, subject to the usual appeals provided for in
this Act.
. 9. Without prejudice to the provisions of section 8, a Centi ai Public
information Officer or State Public information O'”ficer as the case may be,
may reject a request for information where such a request for providing access
would involve an infringement ofcopyright subsisting in a person o=2herthan
the State.
‘l 0. (‘ ) Where a request for access to information is rejected on the
ground that it is in relation to information which is; exempt from disclosure,
then, notwithstanding anything contained in this Act, access may he provided
to that part of the record which does not contain any information which is
ex-empt'from disclosure under this Act and which can reasonably be severed
from any part that contains exempt information.
(2) Where access is granted to a partof the record under sutfsection
2'an Witt.
date
11
l
1.
‘l ripura Gazette, Extraordinary Issue, Juty 27, 2005 A. D.
(i), tha Centrzzii Public information Officer or the State Public information Officer,
as the case ‘nay be, shall give a notice to the applicant, informing -
ta) that only part of the record requested, after serverar ICE of the
record contrzrining information which is exempt from disclosure is being
provided ; '
(bi t-"re reasons for the decision, including any findings on any material
question of fact, referring to the material on which those findings we re based;
(C)l‘1€3 name and designation of the person giving the dec rsion;
(cl) the details of the fees calculated by him or her and the amount of
fee which the applicant is required to deposit, and
' (e) his or her rights with respect to review of the decision regarding
non~disclosr.re of part of the information, the amount of fee charged or the
form of access provided, including the particulars of the senior office-rs specified
under sub suction (I) of section 19 or the Central Information Commission or
the Eittate lrrtnrmatiorr Commission, as the case may be, time lirni", process
and any other form of access.
11;" 1 rhzriv "I1, (I) Where a Central Public information Officer-or a State Public lr formation
llr orma l0t'i -titfficer, as it e case maybe. intends to disclose any information or record, or
part thereof on a request made under this Act, which relates to or has been
supplied by za third party and has been treated as confidential by that third
party, the C-eirrtrai Public ini‘orrnation Officer or the State Public lr formation
Officer, as t"lB case may be, shall within five days from the receipt of the
request, give a written notice to such third party cit the request and of the fact
thatihe Central Public information Officer or State Pubtic lnformatiran Officer,
as the case may be, intends to disclose the information or record, or part
thereof, and invite the third party to make a subrnission in writing or orally,
regarding wt rether the inforrnation, should be disclosed, and such submission
of the third p arty shall be kept in view while taking a decision about "iisciosure
of information.
Provirzled that except in the case of trade or commercial secrets
protected bylaw, disclosure may be allowed if the public interest in ztisclosure
outweighs ir importance any possible harm or injury to the interests of such
third party.
/\jZ,4Vhere a notice is served by the Central Public Information Officer
or the State Public information Officer, as the case may be, under r;r lb-section
ti) to a third warty in respect: of any information or record or part thereof, the
third party sshall , within ten days from the date of receipt of such totice, be
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"I ripura Gazette. Extraordinary Issue, Juiy 27. 2005 A. D.
(I), that Central Public Information Officer or the State Public Information Officer,
as the case they be, shall give a notice to the applicant, informing —
(a) that only part of the record requested, after servers: ice of the
record containing information which is exempt from disclosure is being
provided ;
(b) t- \e reasons for the decision, including any findings on any material
, question of fact, referring to the material on which those findings we- re based;
(0) me name and designation of the person giving the doc rsion',
(d) the details of the fees calculated by him or her and the amount of
fee which the applicant is required to deposit, and
(e) his or her rights with respect to review of the decision regarding
non—disclostrre of part of the information, the amount of fee charmed or the
form of accents provided, including the particulars of the senior officers specified
under sub section (I) of section 19 or the Central information Commission or
the State information Commission, as the case may be, time Iirni", process
and any other form of access.
"'rmmal'on' Officer, as If (5 case may he, intends to disclose any information or record, or
part thereof on a request made under this Act, which relates to or has been
supplied by =3 third party and has been treated as confidential by that third
party, the Central Public information Officer or the State Public tr formation
Officer, as he case may he shall within five days from the reiznipt of the
request, give a written notice to such third party of the request and of the fact
that the Cen-ral Public information Officer or State Public Informed-an Officer,
as the case may be, intends to disclose the information or record, or part
thereof, and invite the third party to make a submission in writing or orally,
regarding whether the information, should be disclosed, and such submission
of the third p arty shall be kept in view while taking a decision about iisclosure
of information.
WI 1 party / 11 (1) Where a Central Public information Officer-3r a State Public lr formation
Provided that except in the case of trade or commercial secrets
protected bylaw, disclosure may be allowed if the. public interest in :lisclosure
outweighs ir importance any possible harm or injury to the interests of such
third party.
wvhere a notice is served by the Central Public Information Officer
or the State Public Information Officer, as the case may be, under :;I rb-section
(i) to a third ->arty in respect of any information or record or part thereof, the
third party shall , within ten days from the date of receipt of such totice, be
given the
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Tripura Gazette, Extraordinary Issue, July 27, 2005 A. D. '
given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public
Information Officer or the State Public Information Officer, as the case may g
be, shall yuthin fort da s - > nder sec ion 6 if theJ , " ' rre i = ' .-
sub-section (2), make a decission as to whether or not to disclose the _
information or record or part thereof and give in writing the notice of his decision
to the third party.
1|-.'
(4) A notice given under sub-section (3) shall include :21 statement
that the third party to whom the notice is given is entitled to prefer an appeal
under section 19 against the decision.
CHr1\PIERlll
THEE CENTFUlt!-. INFORMATION tIZOlifllVllSSlON
12. ['l) The Central Governmentshali by Notification in the Official Gazette,
constitutior a body to be known as the Central information Commission to
exercise tho powers conferred on, and to pertor rn the functions assigned to.
it under thiss. Act.
(2) The Central information Commission shall consist of--
' (ai the Chief lnformatiom Commissioner, and
(bi such number of Central Information Commissioners, not
exceeding len. as may be deemed necessary.
(3) The Chieflnformatton Commissioneranii information Corn nissioners
shall be appointed by the President on the reizommenciation of a committee
consisting r:l’--
(i) the Prime Minister, who shall be the Chairpersor of the
committee ;
(ii) the Leader oi’ Opposition in the Lok Sabha ; and
(iii) a Union Cabinet Minister to be nominated by the Prime
I\/linister.
Explanation--For the purposes of removal of doubts, il is hereby
declared that where the Leader of Opposition in the House of the People has
not been re-cognised as such, the Leader of the single Iarges: group in
opposition ctthe Government in the l-louse of the People shall be deemed to
he the Lead :er of Opposition.
(4) The general superinteridence, direction and managementoi the affairs
of the'Cenlral Information Commission shall vest in the Chief lrformation
Clommissiorer who shall be assisted by the ln"ormation Commissioners and
may exercise all such powersand to all such acts and things which may be
exercised o-" done by the Central information ilornmission au_l£-nornously
Constitution
of Central
Information
Commission.
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Tripura Gazette. [Extraordinary issue. .iuly 27. 2005 A. D. '
given the oi‘iportunity to make representation against the proposed disclosure.
(.3) Notwithstanding anything contained in section 7. the Ctrz-ntral Public
information Officer or the State Public information Officer, as the case may
be; shall, Within fort da 5 > nderseiziionS ifthe
third party has been given an opportunity to make representation under
sub-section (2). make a decission 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 notice given under sub—section (3) shall include :21 statement
that the third party to whom the notice is given is entitled to prefer an appeal
under section 19 against the decision.
CHAPTER iil
THE CENTRAL. iNFORMATiOIN oormmrssmn
122. ['i) The Central Governmentshali by Notification in the Official Gazette, Cfogstiitnti'on
‘ - . . . 0 ~’5“ ra
constitutior a body to be known as; the Central information Commission to Information
exercise the powers conferred on, and to perfor rn the functions assigned to, Commission.
it under this Act.
(2) The Central information Commission shall consist of—-
' (at the Chief lnformatiom Commissioner. and
(b) such number of Central information Cornmissoners, not
exceeding len, as may be deemed necessary.
(3) The Chiefinformation Commissioneranii information Com nissioners
shall be appointed by the President on the recommendation ofzi committee
consisting til-
(i) the Prime Minister, who shall be the Chairpersor of the
committee ;
(ii) the Leader of Opposition in the Lok Sabha ; and
(iii) a Union Cabinet Minister to be nominated by the Prime
Minister.
Explanation—For the purposes of removal of doubts, ii is hereby
declared that where the Leader ofOpposition in the House of the People has
not been recognised as; such, the Leader of the single larges: group in
opposition cfthe Government in the House ofthe People shall be deemed to
be the Lead :er of Opposition.
(4) The general superintei’idence, direction and management oi the affairs
of the‘Ceniial Information Commission shall vest in the Chief Ir'formation
Commissioi'er who shall be assisted by the in"ormation Commissioners and
may exercise all such powers and to all such acts and things which may be
exercised or done by the Central information Commission autonomously
tit,
if
’1
./,_
"'1
1. _ ’
Q ‘ ‘
Tripura Gazette, Extraordinary issue, July 27, ZOQ5 A. D. _
without bet ig subjected to directions by any other authority under this Act.
(5) Tile Chief information Commissioner-and Information Commissioners
shall be persons ofeminence in public life with wide knowledge and experience
in law, scier ce and technology, social service, management, journa=tism, mass
media or ac ministration and governance.
(6) The Chief infonnation Cornmissioner or an information Commissioner"
shall not be a Member of Parliament or Member of the Legislature of any
State or Union territory, as ttie case may be, or hold any other office of profit
or connected with any political party or carrying on any business i tr pursuing
any profession.
(T) The headquarters of the Central information Commissiori shall be at
Delhi and the Central information Commission may, with the previoi as approval
of the Central Government, establish offices at other places in irii tia.
‘i El. (1) The Chief information Commissioner shall hold office for :1 term of five
years front the date on which he enters upon his office and strait not be
eligible for r-eiappoiritrnent;
Provided that no Chief information Commissioner shalt ho d office as
siucii after he has attained the age of sixty-five years.
{2} Every information Commissioner shetthoid office for lrarm of five
years from "he date on which he enters tipori his office or till he -attains the
age of sixi:y-five years, whichever is earlier, and shall not be eligible for
reeppoiritninntas such lnfc-rrnation Commissioner:
F'ro-aided that every information Commissioner shalt, on viitcating his
office under this sub-section be eligible for appointment as the Chief
informatiori Commissioner in the manner specified in sub-section (3) of
section 12. ;
I-’i ovided further that where the information Commissioner" tEE appointed
as the Chief information Commissioner, his term of office shall l’i( t be more
than five years in aggregate as the information Commissioner ant: the Chief
information Commissioner.
(3) The Chief information Commissioner or an information Con-missioner
hailbefore lie enters upon his office make and subscribe before the President
or some other person appointed by him in that: behalf, an oath or affirmation
according to the form set out for the purpose in the First Schedule;
(4) The Chief information Commissioner or an information Commissioner
may, at any time. by writing under his hand addressed to the I ‘resident,
resign from his office ;
Provided that the Chief Information Ccimmissioner or an information
Commission er may be removed in the manner specified under set tion 14.
(:5) The satar ies and allowances payable to and other terms and azonditions
of service of»-
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'I'ripura Gazette, Extraordinary Issue, July 27, mos A. D.
without bet \g subjected to directions by any other authority under this Act,
(5) The Chref Information Commissioner and Information Commissioners
shall be persons ofeminence in pubiic life with wide knowledge and experience
in law, scier ce and technology, social service, management. journalism, mass
media or ac ministration and governance
(6) The Chief information Commissioner or on Information Commissioner
shaII not be a Member of Parliament or Member of the Legislature of any
State or Union territory, as the case may be, or hold any other office of profit
or connected with any political party or carrying on any business t rr pursuing
any profess ion.
(7) Thrr headquarters of the Central Information Commission shall be at
Delhi and the Centrai information Commission may, with the previor as approval
of the Cenlr aI Government. establish offices at other places in Irrr Ita.
13. (f) The Chief information Commissioner shall hold office for n Ierm of five
years from the date on which he enters upon his office and site” not be
eligible for reappointment;
Provided that no Chief information Commissioner shall ho d office as
such after he has attained the age of sixty—five years.
[2) Every information Commissioner shall hold office for a. i< arm offive
years from 'he date on which he enters upon his office or till he -rttains the
age of sixty-five years, whichever is earlier. and shall not be eligible for
reappointmrintas such Information Commissioner:
Provided that every information Commissioner shall. on vriicating his
office under this sub-section be eligible for appointment as; the Chief
Information Commissioner in the manner specified in sub—section (3) of
section 12 ;
Provided further that where the Information Commissioner IEE apporrrted
as the Chief Information Commissioner, his term of office shall or t be more
than five years in aggregate as the Information Commissioner ant the Chief
information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner
shall before he enters upon his; office make and subscribe before the President
or sortie other person appointed by him in that: behalf. an 0th or affirmation
according to the form set out for the purpose in the First Schedule;
(4) The Chief Information Commissioner or an Information Commissioner
may, at any time. by writing under his hand addressed to the I’resldent.
resign from his office ;
Provided that the Chief Information Commissioner or an Information
Commission er may be removed in the manner specified under set tion 14.
(5) The salaries and allowances payable to and other terms and zronditions
of service of;-
Ternr of nffrn
and conditior
of senrico
ta)
that. of the
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Tripura Gazette, Extraordinary issue, July 27, 2005 A. D. r ' S7
(a) the Chief information Comrnissioner shall be ti" e same as
that of the I Iihief Election Cc-rnrnissioner,
(la) an information Commissioner shall be the sam e as that of
an Electior Commissioner.
. Pn Nlded that if the Chief Information Cornmissioner or an information
Commissioner, at the time ofhis appointment is, in receipt of a pension other
than a disability or wound pension, in respect of any previous se vice under
tt;e{JGoverrirnent of India or under the Government of a State, his salary in
respect oft "re sen/ice as the C hief Information Commissioner or an lnformatio n
Comrnissiciner shall be reduced by the amount of that pension including any
portion of pension which was commuted and pension equivalent of other forms
of retirement benefits excluding pension equivalent of retirement gratuity.
Pr Iivicied further that if the Chief information Commissioner or an
information Commissioner ii‘, at the time of his appointment is, i1 receipt of
retirement I ieneflts in respect of any previous service rendered in at Corporation
establishec by or under any Central Act or State/\ct or a Governms 1t company
owned or ctintrolied by the Central Government or the State Gm-esrnment, his
salary in respec.t of the service as the Chief Information Cornmisrésioner or an
|Ilf(I|l'l'Il8ll0I‘l Commissioner shall be recluced by the amount of pension equivalent
to the retir"c-r'ner1t benefits; ;
F’r..ivir.Ied also that the salaries, allowances and other conditions of
service oi the Chief lnforrnation Commissioner and the Information
(Zorn missir: hers shall not be varied to their disadvantage after their appointment.
. (6) "fl-e Central Government shall provide the Chief Information
Commissioner and the Information Commissioners with such officers and
employees as may be necessary for the efficient perforrriance of i.l1--::ir functions
under this Act, and the salaries and alfowances payable to an-;| the terms
and conditions of service of the officers and other employees at pointed for
the purpose of this Act shall be such as may he prescribed.
‘I4. ('i) Stbject to the provisions of sub-section (3), the Chief‘ information
Corrirnissit rner or any lriforrnation Commissioner shall be remoy ed from his
office only hy order ofthe l='re.sident on the ground of proved misbehaviour or
in capacity after the Supreme Court, on a reference made to it by the President,
has on in-:1-.riry, reported that the Chief Information Commissio ter or any
Information Commissioner, as the case may he, ought on such ground be
removeci.
(2) the Pressiclent may suspend from office, and if deem necessary prohibit
also from at lending the office during inquiry, the Chief Information Cc Timissioner
or information Commissioner in respect ofwhom a reference has been made
to the Supreme Court uncier sub-section (1) until the President has passed
orders on receipt of the report of the Supreme Court on such refer reroe.
Removal
of Chief
information
Ccrrnrnissioner
or lnfo'matiun
Commissioner.
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'i‘ripura Gazette, [Extraordinary issue, July 27, 2005 A. D. r
(a) the Chief Information Commissioner shalt be tie same as;
ti iat of the i Iihief Election Commissioner,
(ti) an information Commissionei shall be the 5am a as that of
an Eiectior Commissioner.
Pii ivided that if the Chief Information Commissioner oran information
Commissioner, at the time ofhis appointment is, in receipt of a pension other
ttiari a disability or wound pension. in respect of any previous se vice under
thefiGoverriment of India or under the Government of a State, his salary in
respect oft ie service as the Chief information Commissioner oran Information
Commissioner shall be reduced by the amount of that pension including any
portion of pension which was commuted and pension equivalent of other forms
of retirement benefits excluding pension equivalentof retirement gratuity.
Pr wided further that if the Chief information Commissioner or an
information Commissioner if. at the time of his appointment is, in receipt of
retirement benefits in respect of any previous service rendered in a Corporation
establishec by or underany Central Actor State/\ct or a Governme 1t company
owned or controlled by the Central Government or the State Government, his
salary in respect of the service as the Chief information Commisriioner or an
lnfonnaiion Commissioner shall be reduced by the amount of pension equivalent
in tlie retirr‘rnerit benefits; ;
F’I‘JViCiGd also that the salaries. allowances and other conditions of
service of the Chief Information Commissioner and the Information
Commissioners shall not be varied to their disadvantage after their appointment,
.(6) Tie Central Government shall provide the Chief information
(Ilorrimissihi'ier and the information Commissioners with such officers and
employees as maybe necessary for the efficient performance of their functions
under this: Act, and the salaries and allowances payable to anti the terms
and conditions of service of the officers and other employees at pointed for
the purpose of this Act shall be such as may be prescribed.
'i4. ('i) Stbject to the provisions of sub-section (3), the Chief information
Commissioner or any information Commissioner shalt be remoy ad from his
office only by order ofthe President on the ground of proved misbehaviour or
incapacity after the Supreme Court. on a reference made to it by the President,
has on inquiry, reported that the Chief Information Commissio 1er or any
Information Commissioner, as the Case may he, ought on such ground be
removed.
(2) the President may suspend from office, and if deem necessary prohibit
also from at tending the office during inquiry, the Chief information Cc ‘nmissioner
or information Commissioner in respect ofwhorn a reference has been made
to the Supi eme Court uncier sub—section (1) until the President has passed
orders on receipt of the report of the Supreme Court on such refer rerce.
Removal
of Chief
infomiiation
Commissioner
or info 'matinn
Commissioner.
i4
/_ _ I
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“rripura Gazette, Extraordinary Issue, July 27, 2005 A. El. ‘ l
(3) Nc twithstanding anything contained .n sub-section (1) th =- Preside t
, - ._ nmay by ordei' remove from office the Chief lnl‘ormation COl"l'l|Tli!5!-3tDTlEl’ or any
Info ' ‘ ' ' ' ‘ ' 'rrnatioii Commissionei if the Chief lntormation Comml-';' lo
. RBI" 0|’ ElInformation Commissioner, as the case may be,--
ta)
(11-l
is adjudged an insolvent; or
has been convicted ofan offence which in the opinion of the
President, involves moral turpitude ; or
engages during his term of offrce in any paid eir ployment
outside the duties of his office ; or
is, in the opinion of the President, unfit to contin JB in office
by reason of infirmity of mind or body ; or
has acquired such financial or other interest as is likely to
aff ct *' ' ‘ ' ' 'e pf€.jLldiCla||y his functiorsas the Chief Information
Commissioner ora information Commissioner.
(4) If the Chief Information Commissioner ora Information Cor nmission er
in any way, rzoncerned or interested in any contract or agreement iriade by or
on behalf of the Government of India or participates in any way l1 the f't
_ pro ithereof oriri any benefit or emolument arising there from otherwise than as a
member an :3 in common with the other members of an incorporated
company,he shall, for the purposes of sub~section (1) be deemed to be guilty of
misbehavioi ir.
CHAPTER IV
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‘J (‘H C
THE STATE INFORMATION coiviiviission "'”'~" "
I5. (l) Every State Government shall, by notification in the Officieil Gazette, Cnrislltuiiirn ml
constitute a body to be known as the......... ..(nanie of the State) ii iformation on
Commissioi '1 to exercise the powers conferred on, and to perform the functions C_<immi ERSIOI1.
assigned to it uncler this Act.
‘"1-r.-ilig;
(J ff!-4
ii‘-/e(2) The. State lnforma"!ii:in Commission S18" consist of~-
(ai) the State Chief information Commissioner, and
(b) suchfiiumloéer ofiState Information Commissionrei s, not
exceeding ten, as may be deemed n-.=.~cei3_sa;y,_ l
(3) The §taie Chief information Conimissioiierend the State ll iformation
Coinmissioners shall be appointed by the (§overnor on the
reci imrnendation of a committee consisting of--
(i) the-(_1l1iefgi/liriister, who shall be the Ch
coniinitlcei ;
the Leader of Opposition in the Legislative Assembly; and
a Cabinet Minister to be nominated by the Chief li/iiniiter.)
airpersoii _i_1ft_ii§
ti?)
(iii)
Eixplaiiation -- For the purposes of removal of doubts, it is hereby declared
ti t ' ' ‘ta where the Leader of Opposition in the t_eigislative Assembly has n t
_ cbeen recognised as such. the Leader ofthe single largest group in opposition
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TrIpura Gazette, Extraordinary Issue, July 27, 2005 A. D.
(3) NC [withstanding anything contained in
may by order remove from office the Chief Info
Information Commissioner if the Chief Info
information Commissioner, as the case may b
sub-section (1), th a President
rmation Commissioner or any
rmation Commis‘ss-ioner or a
e,——
(a) is adjudged an insolvent; or
(b) has been convicted ofan offence which in the opinion of the
President. involves moral turpitude ; or
(c) engages during his term ofoff-ce in any paid eirployment
outside the duties of his office ; or
(d) Is, in the opinion of the President, unfit to contin Je in office
by reason of infirmity of mind or body ; or
(e) has acquired such financial or
other interest as is likely to
sas the Chief Information
Commissioner,
affect prejudicially his functior
Commissioner ora Information
(4) If the Chief Information Commissioner ora Information Cor 1missioner
In any way, ::oncerned or interested in any contract or agreement made by or
on behalf of the Government of India or participates in any way it the profit
thereoforlrl any benefit or emolument arising there from otherwise than as a
member an i in common with the other members of an incorporated company,
he shall, for the purposes of sub-section (1) be deemed to be guilty of
misbehaviol Ir.
CHAPTER IV
THE STATE INFORMATION COMMISSION
I5. (l) Every State Government shall, by notification in the Official Gazette,
Constitution ol
constitute a body to be known as the ........... (name of the State) Information :::letlon
Commission to exercise the powers conferred on, and to perform the functions Q0mml5:5ron
assigned to it under this Act
(2) The: State Information Commission swell conslst of——
(a) the State Chief Information Commissioner, and
(b) such number ofSt
ate Information Commissioners, not
exceeding ten, as ma be deemed necessa
(3) Wm State Inform
Commissioners shall be appointed by the Governor on the
recommendation ofa committee consisting of—-
(i) the ChiefMinister, who shall bathe Chairperson of (hi?
committee;
@-
ation
(ii) the Leader of Opposition In the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Ii/Iinjiter.
Explanation -— For the purposes of
that where Ihe Leader of Opposition In the Leg
been recognised as such. the Leader of the singll
removal ofdoubts, it is hereby
declared
gislative Assembly has not
alargest group in opposition
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'16
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nstituiion of‘
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Tripura Gazette, Extr rci'ao lnaly Issue, July 27, 2005 A. D.E
oi‘ the Govnrnmeiit in the Legislative Assem bly shall be deemed to be the
Leader of C p position.
- (4) The general superintendence, direction and managementcif the affairs
oi the State information Commission shall vest in the State Chief l tformation
Comrnissio ter who shall be assisted by the State Information Cornlnissioners
and may exercise all such powers and do all such acts and things which
rnay be exel cised or done by the State Information Commission autonomously
without being subjected to directions by any :il:luar authority under this Act.
' (5) ;|_t'l€" State Chief Information Commiss loner and the Stat Ini _ -» , _ "e formation
i Conirnissioriersshallbe ersons f ‘ ' '~' ' 'p o eminence lilffliiliilo, lite with wide <nowledge_
arid e>cperii:zrice in law, science and technology, social sen/ice, nianagenient,
_rjo|1r"n_alism./'nass media or administration and governance. S S S Z 7‘
(6) The State Chief Information Commissioner or a—State,lnformatlon
tlorniriissioier shall not be anlvlember of Parliarrient or ll/lernber of fig‘
- Tegyislaturei of any Statenfor Union territory, as the case may be, or holcl_any
-otlwer office of protit or connected with any politirzal party or carrying on any
business orbursuing any prc~fession._ S S S Z J
E f (7) Ihel headqjuartersf of the State Informal ion Comn ' '
usslori shall be atf} such place in thefitale as lh “. l. y - i 1 e State Government: may, by Notification in the
l tfiffioial (Ba/zotte, sspeaczzity/_and the/State information Comrnissitmrnay, with
' "the previeusspplpvai of the -‘State Government, establish offices at l'JtI'tGl' place;
‘in the State. if
16. ('1) :Thl! State Cilh9f|l1f()FlTlEtttQH Cornrnission er shallhold oftice»: for a term_
Brvlce ‘ _of five ye:.ars from the clate on vvfilich he enters ttoonliis office and shahfnot be
V eligible for reagpointmeht;
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Providecl that no State Chief Information Commissioner shall hold
offi - - -'_ ce as such after he has attained the age ol’ sixty five year
s.t; (2) Eve y State Information Cornmissioner shall hold office to-i a term of
five years from the date on which he enters upon his office or till he attains the
U age of sixty five years, whichever is earlier, and shall not be eligible fog,
'Fea§|>olrttrr"i:sntfas such State lnfonmation Commissioner. I
wwnuifirasrrwv“-— Prov ided that every State information Commissioner shall, on vacating
his office un::ler this sub~-section, be eligible for appointment as the State
' Chiet'lnform:ation Commissioner in the manner specified in sub-section (3) of
section 15 ;
Provided further that where the State information COmtT|l'~IiSi0I"l[-3|’ IS
f appointed as the State Chief Information Commissioner, his term of office
shall not be more than five years in aggregate the State information
Cornrnissiorior and the State Chief information Commission er.
(El) The State Chief Information Comrnissioner or a State lntarmation
ornrnlsslonoi, shall before he enters upon his offii~i.=- make d =_. . . an subscribe
before the Governor or some other person appointect by him in that trehalf, an
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Tripura Gazette, Extraordinary issue, July 27, 2005 A. D.
of the Government in the Legislative Assem bi
Leader of C in position.
(4) Thu general superintendence, direction and management of the affairs
of the State information Commission shall vest in the State Chief i iformation
Comrnissio ‘ior who shall be assisted by the State. Information Commissioners
and may exercise all such powers and do all such acts and things which
may be 63er cised or done by the State Information Commission autonomously
without being subjected to directions by any other authority under this Act.
(5) The" State Chief information Commissioner and the State information
Commissioners shall be persons ofeminerice in public, life with wide (nowiedge
and experiizzrice in law, science and technoioqy, social service, management,
iournaiism. nass media or administration and Governance.
{6) The State Chief Information Commiss
sioner or a State information
(‘Ior'niriissioier shall not be a Member of Parliament or Member of the
Legislature ofany State or Union territory, as the case may be, or hold any
other office of profit or connected with any politic:
business or pursuing any profession.
(7) The headquarters of the State information Commission shall he at
such place in the'State as the State Government: may, by Notification in the
Official Gazette, specify and the State information Commission
the previous :zippiovai of the State Government, as
in the State.
is. ('i) The State Chief information Commissioner shall hold office: for a term
of five years
n irorn the (late on which he enters upon his office and shall not be
eligible for reagpointment;
y shall be deemed to be the
may, with
tatilish offices at at war places
Provided that no State Chief Information Commissioner shall hold
office as such after he has attained the age of sixty five years.
(2) Eve y State Information Commissioner “
.ihali hold office fr)" a term of
five years from the date on which he enters upon his office or till he attains the
age of sixty five years, whichever is earlier, and shall not be eligible for
N
reappomtrriisnt as such State information Commissioner.
Prov ided that every State information Commissioner shall, on vacating
his office under this sub-section, be eligible for appointment as the State
Chief'lnforrrizéition Commissioner in the manner siiecifi
ed in sub-section (3) of
section 15 ;
Provided further thatwhere the State information Commit
iSiOnel’ is
appointed as the
State Chief information Commissioner, his term of office
shall not be more than five years in aggregate as the State information
Commissioner and the State Chief information Commissioner.
(El) The Estate Chief information Commissioner or a State information
Commissioner, shall before he enters upon his office make and subscribe
before the Governor or some other person appointed by him in that trehalf, an
at party or carrying on any
17
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Trlpura Gazelle, [Extraordinary issue Jul) - r
» / ti’. 1
oath or affirmation according to the form set oiit for the purpose in the First Q,3;i,,~:,
Schedule his oitic
(4) The State Chief Information Commissioner or a State Information or mca
Commissioner may, at any time, by writing under his hand addressed to the GOVQH
Governor, resign from his office ; Comm
ought C
Provided that the State Chief tnforrnation Commissioner or a State -(-2)
Information Corninissioner may be removed in the manner spe sifted under also fn
’ K section 1 r. Comm
i'e€_eri3ir'
( 5) The salaries and allowances payable to and other terms an i conciitions_ " the Got
otseivice tlf-— _ D rmsuci
(at the Sta_teCl1ief7lnforrnatio@3c-rnrnissioner shall |,L6ttt€V_§§“,tl’Tl8‘ ' {(3)
as that of an Election Commissioner; mav by
at Ptate
(bi the State information Commissioner shall be tie same as orna Si.
that of the Chief Secretary "lo the State Goverrirnent.
Pi ovided that if the State Chief Information Commissioner or a State
Information Commissioner, at the time of his appointment is, in receipt of a
pension, other than a disability or wound perish:-n, in respect of any previous
service under the Govern merit of India or under the Government of a State,
his salary ii I respect of the service as the State Chief information Ct: mmissioner
or a State n formation Comrriissioner shalt be reduced by the an cunt of that
pension in z:-iucting any portion of pension which was commuted kind pension
equivalent of other forms of retirement benefits excluding pension equivalent
of retirement gratuity ;
F'iovider.t l’urther that where the State Chief Information Commissioner
or a State information Commissioner if. at the time of his appointment is, in ('4)
receiptof retirernent benefits in respect of any previous service rendered in a
' Corporation established by or under any Central Act or Sta :e Act or a
Government company owned or controlled by the Central Goverrment orthe
State (3o~.r=arnment, his salary in respect of the service as the State Chief
lnformatio '1 Commissioner or the State Information Commissioner shall be
reduced by the amount of pension equivalent to the retirement ti anefit; '
Provided also that the salaries, allowances and other conditions of
service of ti ie State Chief Iriiormation Commissic ner and the State Information
Commissic-ners shalt not be varied to their disadvantage after their a opointment.
(6) Tte State Government shall provide the State Chief information PD“
Commissiriiner and the State Information Cc mmissioners with such officers
and einployeeei as |'nary-be rieoessaiy for the ultiuieltt perlorrria we of their ,_,U,,_,ers and 18‘ (1)
fl irictions under this Act, and the salaries and allowances payable to and the funtttions of Won“
terms and conditions of service of the officers and other employees appointed "Tf"'=“'?"°"‘ (-oriiriissions be, to |
for the purpose of this Act: shat! be such as may be prescribed. .--
_--_. -. .__-_-..-_._...»-.---_-.t. .___...
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Ti'Ipura Gazette. [Extraordinary Issue July v r
oath or affirmation according to the form set out for the purpose in the First
Schedule.
(4) Tire State Chief Information Commissioner or a State information
Commissioner may, at any time, by writing under his hand addressed to the
Governor, resign from his office ;
F-‘r ovided that the State Chief Information Commissioner or a State
Information Commissioner may be removed in the manner spe :ified under
section 1'7.
( 5) The salaries and allowances payable to and other terms an i conditions
of service nf-~
(a) the State Chief Information Commissioner shall he the same
as that of an Election Commissioner,
(hi the State Information Commissioner shall be the same as
that of the Chief Secretary to the State Government.
Pi ovided that if the State Chief Information Commissioner or a State
Information Commissioner, at the time of his appointment is, in receipt of a
pension, other than a disability orwound pension, in respect of any previous
service under the Government of India or under the Government of a State,
his salary in respect of the service as the State Chief Information Commissioner
or a State nforrnation Commissioner shall be reduced by the an cunt ofthat
pension in :Iuding any portion of pension which was commuted rind pension
equivalent of other forms of retirement benefits excluding pension equivalent
of retirement gratuity ;
Provided further thatwhere the State Chief Information Commissioner
or a State Information Commissioner if. at the time of his appointment is‘ in
receiptof retirement benefits in respect of any previous service rendered in a
Corporation established by or under any Central Act or Sta :e Act or a
Government company owned or controlled by the Central Goverr'ment orthe
State Government. his salary in respect of the service as the State Chief
Informatio ‘1 Commissioner or the State Information Commissioner shall be
reduced by the amount of pension equivaieritto the retirement I: enefit;
Provided also that the salaries, allowances and other conditions of
service oftI re State Chief Information Commissioner and the State Information
Commissioners shall not be varied to their disadvantage after their a opointment.
(6) Tte State Government shall provide the State Chief information
Cornrnissuirner and the State Information Commissioners with such officers
and employees. as may be necessary for the efficient performer ice of their
functions Lnder this Act. and the salaries and allowances payable to and the
terms and nonditions of service of the officers and other employees appointed
for the purpose of this Act: shall be such as may be prescribed.
-/ 11(1)
Comm
his ofiic
or inca
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(12)
also fri
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(3)
may by
a State
or a St:
PO“
Powers and 18‘ (1)
funrtions of i f
Intrmration n orm
(toirrr rissions be, to I
First
atio n
3 the
State
rider
tions
samg
E85
State
It of a
vious
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if that
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Tripura Gazette, Extraordinary issue, -July 27,2005 A D. -
1 7. (1) Subject to the provisions of su b-section (3), the State Chief Information
Commissioner or a State Information Commissioner shall be re-moved from
his office only by order of the Governor on the ground of proved mi sbehaviour
or lfiCE:1|JEl(IZliy after the Supreme Court, on a reference made lo it by the
Governor, has on inquiry, reported that the State Chief lrformation
Commissir: ner or a State Information Commissioner,
oughton such ground be removed.
(2) The Governor may suspend from office, and if deem necessary prohibit
also from attending the office during inquiry, the State Chief information
-Commissioner or a State information Commissioner in respect of whom a
reference has been made to the Supreme Court under sub-section (1) until
the Governor has passed orders on receipt of the report of the Supreme Court
on such reference.
as the case may be,
(3) Noiwithmanding anything contained in sub-section (1), lln - Governor
may by orde r remove from office the State Chief Information Commissioner or
a State information Commissioner if a State Chief information Con‘:rnissioner'
or a State lr formation Cornrnissioner, as the case may be; --
(a} is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opi 1ion of the
Governor, involves moral turpitude ; or
(c) engages during his term of office in any paid em; -loyment
outside the duties of his office ; or
(cl) is, in the opinion of the Governor,-urlfit to continut : in office
by reason of infirmity of mind or body ; or
ta} has acquired such financial or other interest as is likely to
affect prejudicially his functions as the Slate Chief
lnfo1'rnat.i0n Commissioner or a State Information
Commissioner.
, (-4) lithe State Chief information Commissioner ora State lnl nrmation
Commissioner in any way, concerned or interested in any contract
or agreement made by oron behalf of the Goverment of the State
or participates in any way in the profit thereof or in any I-enefit or
emciuments arising there from otherwis-"2 than as a rnemt:-er and in
common with the other members of an incorporated company, he
shat , for the purposes ofsub-section (1'), be deemed tr: be guilty
of ntsbe-haviour.
CHAPTER V
PD\I\l'EFlS I|.I1lD FUNCTIOINS OF THE INFOFZNIATION CO|VlM|f3!3lONS,
l\PF’EAL AND PENALTIIES
Per-'@rs and 1E&l. (1) Subject to the provisions of this Act, it shall be the duty of the Central
Information C ommission or State Information Commission, as the case may
Cramritssions be. to receive and inquire into -a complaint from any personj
P-----on <-.-..----~..--a.-._....<.___-_.._-::::;._-=— ' . . _____ __—--..-— — 7
- ‘-‘um
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Removal of
State Chief
Information
Como" issioner
or [SI ‘.1 lt-
information
Cornmissior er
—----——;-8-, Ci” C” fJ;“"'"i_*_'"_'“'_"Té"
First
ation
3 the
State
nder
tions
521mg
eas
State
it of a
vious
‘tate,
toner
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nsion
alent
richer
Is, in
=d in a
; or a
rthe
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ll be
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ation
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‘8
Powers and
functions of
,Iniiv mation
Commissrons
i»... ..
Tripura Gazette, Extraordinary Issue, July 27,2005 A D,
1 7. (1 ) Subject to the provisions of subsection (3-), the State Chief information
Commissioner or a State Information Commissioner shall be removed from
his office only by order of the Governor on the ground of proved misbehaviour
or incapacity alter the Supreme Court, on a reference made Io it by the
Governor, has on inquiry, reported that the State Chief lrformation
Commissioner or a State Information Commissioner, as the cane may be,
ought on su ch ground be removed.
(2) Thtit Governor may suspend from office, and if deem necessary prohibit
also from attending the office during inquiry, the State Chief Information
Commissioner or a State Information Commissioner in respect of whom a
reference has been made to the Supreme Court under sub-section (1) until
the Governor has passed orders on receipt of the report of the Supreme Court
on such reference.
(3) Notwithstanding anything contained in sub-section (1), tin , Governor
may by orcle r remove from office the State Chief Information Commissioner or
a State lnfor mation Commissioner if a State Chief Information Con‘imissioner
or a State Ir formation Commissioner, as the case may be; ~—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence. which, in the opi 1ion of the
Governor, involves moral turpittide ; or
(c) engages during his term ofoffiua in any paid em; ‘loyment
outside the duties of his office ; or
(d) IS. in the opinion of the Governcrr',.unfit to COnilltUI : in office
by reason of infirmity of mind or body ; or
(at has acquired such financial or other interest as: is likely to
affect prejudicially his functions as the State Chief
information Commissioner or a State Ir: formation
Comrriissioner.
(i4) Ifthii State Chiefinformation Commissioner ora State Inlarmation
Con‘irhissioner in any way, concerned or interested in any contract
oraggireement made by oron behalfof the Goverment of the State
or purticipates in any way in the profit thereof or in any Irenefit or
emoluments arising there from otherwise than as a member and in
common with the other members ofari incorporated oon'pany, he
shat, for the purposes ofsub-section ('1), be deemed to be guilty
of m, sbehaviour.
CHAPTER V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS,
APPEAL AND PENALTIES
1ft. (1) Subject to the provisions of this Act, it shall be the duty of the Central
lnformation C ommissron or State Information Commission, as the raise may
be. to receive and inquire into a complaint from any person,—
\0
Removal of
State IZhief
Information
Comn' issiorier
or Stain
Information
Commissiorer
19
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' 4
'l'ripura Gazette, Extraordinary issue, July 27. 2005 A. D
I ' r u
(ai who has been unable to submit; a request to a Central Public
information Officer or State Public Information Officer, as the care may be.
either by re -ason that no such officer has been appointed under this Act, or
because tho, Central Assistant Public Information Officer or Stab : Assistant
Public information Officer as the case may be, has refused to ac cept his or
her 3ppiiC2'-_t|liL')l'\ for information or appeal under this Act for forwarding the
same to the Central Public Information Officer or State Public Information
Officer or senior officer specified in sub-sectio"i(fl) of section 19 or the Central
information Commission or the State Information Commission, as the case
may be;
[D] who has been refused access to any information requested
under this Act;
(cl who has not been given a response to a request for iiforrnation
or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she
considers u nreasonable;
(e) who believes that he or she has been given incomplete, misleading
or false information under this Act; and
(fl in respect of any other matter relating to requesting tzr obtaining
access to records under this Act;
(2) Wliere the Central information Cornrnission or State information
Commission, as the case may be, is satisfied that there are reasonable
grounds to inquire into the matter, it may initiate an inquiry in respect thereof;
(3) The Central information Commission or State Information
Commission, as the case may be, shall,while- inquiring into any matter under
this section, have the same powers as are vested in a civil court while trying
a suit under the Code of Civil procedure, 1908, in respect of the following
matters, riarnely;
(aj summoning and enforcing the atlericlance of persons -and compel
them to give oral or written evidence on oath and to {reduce the
documents or things;
(bf reqi.iii'ing the discovery and inspection of documerits;
(cj receiving evidence on affidavit;
5 0| 1903
, “ ---P ' ~--no-"-S4“2‘,
/ i
(4} l\lot i
l1'airiiai"ne
illlomrnis:
may, duri
to wl"iii:.h
and no s
eel. '19. (1)
s-peciiiiec
aggrieve
Public in
tho i;:><pii
appeal it
Officer 0
a Ll th -ority
the perio
iiiy siitfit:
Pu blic Ir
may be,
the cont
the o-rde
shall lie
tiieeii IT]
Ctirti |TliE
Irifoima
the expi
prevent.
id} requisitioning any public record or copies thereof in rm any Pubic I' I
court or office; - F if. , . . . . :i £4(e- issuing sumrnons for examination of witnesses or documents, Ego en?-.1 "Tm!
and .. give a i~
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Tripura Gazette, Extraordinary issue, July 27. 2005 A. D
r
(a) who has been unable to submit a request to a Central Public
Information Officer or State Public Information Officer, as the co: e may be
either by reason that no such officer has been appointed under lhis Act, or
because tho, Central Assistant Public Information Officer or Stair : Assistant
Public information Officer as the case may be, has refused to ac :ept his or
her application for information or appeal under this Act for forwarding the
same to the Central Public Information Officer or State Public Information
Officer or senior officer specified in sub-secti01(‘I) of section 19 or the Central
Information Commission or the State Information Commission, as the case
may be;
(h) who has been refused access to any information requested
undei' this Act;
(c) who has not been given a response to a request for iiformation
or access I.) information within the time limit specified under tl'tifi: Act;
(d) who has been required to pay an amount of fee which he or she
considers it nreasonable;
(e) who believes that he or she has been given incomplete, misleading
or false information under this Act; and
(ft in respect of any other matter relating to requesting (2r obtaining
access to records under this Act;
(2) Where the Central Information Commission or State information
Commission, as the case may be, is satisfied that there are reasonable
grounds to mqurre into the matter, it may initiate an inquiry in respect thereof;
(3) The Central Information Commission or State Information
Commission, as the case may be, shallywhile inquiring into any matter under
this; section, have the same powers as are vested in a civil court while trying
a suit unclear the Code of Civil procedure, 1908, in respect of the following
matters, namely;
(a‘, summoning and enforcing the atlendance of persons and compeI
them to give oral or written evidence on oath and to I reduce the
documents 0' things;
(bj requiring the discovery and inspection of documents;
to) receiving evidence on affidavit;
to} requisrtioning any public record or copies thereof In im any
court or office; .
(e'u issuing summons for examination of witnesses or documents,
and
real.
5 (it 1908
rm.
(4} Not i
Ii’airliame
(Ilommis:
may, duri
to which
and no s
19. (’I)
specifier
Eiggneve
Public In
the oxpu
appeal tr
(1,)fficer o
a uthoriiy
the perio
iiy Sl il‘r'ic
Pu blic: Ir
may be,
the com
the orde
shall lie
been In
Commit
Infoime
the our
prevent
Public |
preferré
(Liommi
give a l‘
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ie
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er
19
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ripura Gazette, Extraordinary issue, July 27, 2005 A. D.
(f) any other matter which may be prescribed.
(4) Not with standing anylhirig inconsistent contained in any other Act of
P I‘ ' - ' -ar lament or State Legislature, as the case may be. the Central lriiorrnation
Clommissiori or the State information Commission. as the case may be,
may, during the inquiry of any complaint underthis Act examine n
, ' a y recordto which this Act applies which ls under the control of the public authority,
and no such record may be withheld from iton any grounds.
.r',_, ~
19. (1) Ary person who, does not receive at decision within the time
spec:il’ied in sub-section (1) or clause (a) of sub-section (3) of section 7 or is
aggrieved try a decision of the Central Public Information Officer or State
Ff) - - ~ ' -ublic Information Officer, as the case may be, may within thirty ila s fro__ : y mthe expiry oi such period or from the receipt of such a decision prefer an
appeal to such officer who is senior in ranlc to the Central Public lri"’ormation
Officer or Stale Public lnform.al_ion Officer as the case may be, in each public
authority;
Pl'0‘.lid€ld that such officer may admit theappeal after the: expiry of
the period of thirty clays if he or she is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time '
(2) '-Nhere an appeal is preferred against. an order made by a Central
Public: ln"forrnation Ofiiceror a State Public information Officer as the case
may be, under section it to disclose third party information, the appeal by
the concerned third party shall be made within thirty days from the date of
the order
{3} A second appeal against the decision under sub-section (1)
shall lie within ninety days from the date on which the decision should have
r t ‘ i\ ' 'ieeii made or was actually received, with the Central |n"‘0rmation
Comrriissiori or the State Information Commission:
F’i'o'.iided that the Central information Commission or the State
information Commission, as the case may be, may admit the appeal after
the expiry oi the period of riinety days if it is satisfied that the appisillant was
prevented b ,1 sufficient cause from filing the appeal in time.
(4) lithe decision of the Central Public lniorination Officer or State
Public Information Officer, as the case may be, against which an appeal is
preferred relates to sniormation ofa third party the Central ln"ormaii. , . on
Commission or State information Commission, as the case may be, shall
give a reasonable opportunity of being heard lo that third party.
____ __ . ...— -----<<__ ___:=- ,4--. __— ___
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~i‘ripura Gazette. Extraordinary Issue, July 27, 2005 A. D.
(i) any other matter which may be prescribed.
(4) Not with standing anything inconsistent contained in any other Act of
Parliament or State Legislature, as the case may be. the Central information
Cion'imissiori or the State information Commission, as the case may be,
may, during the inquiry of any complaint under this Act, examine any record
to which this. Act applies which is under the control of the public authority,
and no such record may be withheld from Ron any grounds.
1 h. ~
19. (1) Ary person who, does not receive a decision within the time
specified in taiub-section (1)or clause (a) of sub-section (3) of section 7, or is
aggrieved try a decision of the Central Public Information Officer or State
Public Information Officer, as the case may be, may within thirty days from
the expiry of such period or from the receipt oi such a decision prefer an
appeal to such officer who is senior in rank to the Central Public in ‘ormation
Officer or St: tie Public information Officer as the Case maybe, in each public
authority.
Prorided that such officer may admit the appeal after the: expiry of
the period of thirty clays if he or she is satisfied that the appellantwas; prevented
by sufficient cause from filing the appeal in time '
(2) Where an appeal is preferred against an order made by a Central
Public information Officer ora State Public information Officer. in:- the case
may be, under section 11 to disclose third party information, the appeal by
the concerned third party shall be made within thirty days from the date of
the order
(3) A second appeal against the decision under sub-section (1)
shall lie within ninety days from the date on which the decision should have
been made or was actually received, with the Central in‘iormation
Commission orthe State Information Commission:
Provided that the Central information Commission or the State
information Commission, as the case may be, may admit the appeal after
the expiry of the period of ninety days if it is satisfied thatthe appisiiiant was
prevented b ,I sufficient cause from filing the appeal in time.
(4) ifthe decision of the Central Public Information Officer or State
Public information Officer, as the case may be. against which an appeal is
preferred relates to :nformation of a third party. the Central in"ormation
Commission or State information Commission, as the case may be, shall
give a reasonable opportunity of being heard to that third party.
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(ti) in any appeal proceedings, the onus to prove that a deni i f
a o arequest was justified shall be on the Central Public information Officer or
‘ State Public information Officer. as the case may be, who denied the
request.
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(65 An appeal under sub-section (1) or sub-section (“’) shall b
disposed of within thirty days of the receipt of the appeal or within such
extended period not exceeding a total of forty-five days from the ciate of filing
thereof ll ' 'r 2"’ , as ie case may be, for reasons to ire recorded in writing.
V (7') The decision of the Centrai information Commissii in S
' - 1 or tate
iriformatior Commission, as the case may be, shall be binding.
(B) ln its decision, the Central Infc-rniation Commission or State
= V V information Commission. as the case may be, has the power to--
:o-at-‘ten-.2‘--—-_—_-
I;__.<.~.a—_._....i.-i....
(ajl require the public authority to take any such steps ris may be
necessary ta seizure conipliaince with the provisions of this Act, lrcluding--
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(i) by providing aczc-ass to information, if so requested, in a particular
form;I.:‘l
‘V
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5‘ ' (ii) by appointing a CentraiPubIic lr-formation Officer oi State
A Putilic information Officer, as the case may be;
ii i" -1 . . . . . . . .1 (iiii by publishing certain information or categories of information;
:1! (iii; by making necessary changes to its practices in relation to
ii ‘ the maintenance, management and destruction of re cords;
(v) by enhancing the provision of training on the right to iriformation
for its officials;
(vi) by providing it with an annual report in compliance with clause
if lb) of sub-section (1) of section 4'
1. i"-.i i‘ f
(b) require the public authority to comperisiate the complainant for
any loss or oti er detriment suilered; '
‘r1:4‘::hff.$
(c) inr poseany of the penalties provided under this Act;
"l" '- V (d) reectlhe application
Lin I (9) ‘l"l'ie Central information Commission or State information
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Tripura szette. Extraordinarylssue. July 27. 2005 A. t.‘
(5) in any appeal proceedings, the onus to prove that
request was justified shall be on the Central Public inform
State Public information Officer, as the can
request.
a denial ofa
ation Officer or
as may be, who denied the
(Si An appeal under sub-section (1) or sub—section (2:!) shall be
disposed of within thirty days of the receipt of the appeal or within such
extended period not exceeding a total of forty-five days from the mate of filing
, 5 thereof, as the case may be, for reasons to he recorded in writing.
(7) The decision of the Central information Commission or State
iriformatior Commission, as the case may be, shall be binding.
(8) in its decision, the Central information Commission or
State
information Commission. as the case may be, has the power to»
(a) require the public authority to take any such steps as may be
necessary t.) secure compliance with the provisions ofthis Act, irciuding~-
(i) by providing access to information, if so requested, in a particular
form;
(ii) by appointing a Central Public information Officer (N State
Public information Officer, as the case may be;
(iiii by publishing certain information or categories of information;
(iv; by making necessary changes "to its practices in relation to
the maintenance. management and destruction of records;
(v) by enhancing the provision of training on the right to information
for its officials;
(vi) by providing it with an annual report in compliance with clause
(b) of sub-section (1) of section 4‘
(b) re quire the public authority to compensate the complainant for
any loss or oil er detriment suitered;
(c) in poseany of the penalties provided under this Act;
(d) reect the application.
(9) The Central information Commission or State information
“(m 'A A AA .
Penalties
cztir n of
i3 ten in
faith
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\.‘
Pnr ialties
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Q I
Tripura Gazette, Extraordinary issue, July 27, 20,05 A. D.
may be, shall give notice of its decisioi l, including
any right oi appeal, to the complainant and the public authority.
tlommission, as the case
(‘It-) The Central informationCorrimission or State I iformation
Commission, as the case may be, shall decide the appeal in accordance
'tlwr I such p "ocedure as may be prescribed.
20. (1) Where the Central Information Commission orthe State Information
Comrnissioi'i, as the case may be, at the time of deciding any complaint or
appeal is oi the opinion that the Central Public information Oflii: r"
e . or theState Publiri Information Officer, as the case may be, has, wi:hout any
e reasonable cause, refused l.o receive an application for information Di‘ has not
furnished information within the time specified under sub-section (1) of section
7 or rnalafide ly denied the request for information or knowingly given incorrect,
incomplete c r misleading information or destroyed information whic -1 was the
subject of the request or obstructed in any manner in funishing the information,
it shall impose a penalty of two hundred and fifty rupees eaci day till
application is received or information is furnished, so however, the tot;-ii amount
of such penalty shall not exceed twenty-five thousand rupees ;
Provided that the Central Public Information Officer or tho State
Public: lnforrr ation Officer. as the case may be, shall be given a iensoiiable
opportunity oi’ being heard before any penalty is imposed on him 1
Provided further that the burden of proving that he acted ronsonably
and diligently shall be on the Central Public information Officer or thi
2 StatePublic inform ration Officer, as the case may be.
{2} Wherethe Central information Commission or the State information
Comriiission. as the case may be, at the time of deciding any complaint or
appeal is of llie opinion that the Central Public: Information Officer or the
State Public: Information Officer, as the case may be, has, without any
reasonable cause and persistently, failed to receive an application for
information or has not furnished information within the time specified under
sub-section (1) of section 7 or rnalafidely denied the request for infoi mation
or knowingly given incorrect, incomplete or misleading informa.ion or
destroyed information which was the subject of the request or obstn cted in
any mannerin furnishing the information, it shall recommend for disc plinary
action against the Central Pi.-blic information Officer or the State Public
information Officer, as the case may be, under the service rules applicable to
him.
CHAPTER VI
MISCELLANEOUS
‘t pro iecution orother legal proceedinc shalll- . sui, ':;' ' . ' _] lE8QBil1StEfiy|.l8l'SCll'l
fll'3(B|'1lf\ f *~* -' _ - ~ r" - ' " i '
faith "__or anything WW1] is in gO(Jt2ri§filti'laDf1t=3Vt)l‘ll'ltQl"ld9-If(Q be done under this Act;
or any rule mad-£2 thereunder. 7
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Tripura Gazette, Extraordinary issue, July 27. 20,05 A. D.
Commission, as the case may be, shall give notice of its decisior l, including
any right ol appeal, to the complainant and the public authority.
(10) The Central informationCommission or State i iformation
Commission, as the case may be, shall decide the appeal in accordance
with such p "ocedure as may be prescribed.
Pnnalties 20. (1) Where the Central Information Commission orthe State information
Commission, as the case may be, at the time of deciding any complaint or
appeal is oi the opinion that the Central Public information Ofiiixer.“ or the
State Public: information Officer, as the case may be, has, wi:hout any
. reasonable cause, refused to receive an application for information 3r has not
furnished information within the time specified under sub—section (1) of section
7 or rnalafide ly denied the request for information or knowingly given incorrect.
incomplete c r misleading information or destroyed information WM ‘1 was the
subject of the request or obstructed in any manner in funishing the inlormation,
it shall impose a penalty of two hundred and fifty rupees eacw day till
application is; received or information is furnished. so however, the tot; Ii amount
of such penalty shall not exceed twenty-five thousand rupees ; i
Proveded that the Central Public information Officer or the State
Public Inforrr ation Officer, as the case may be. shall be given a re: isonable
opportunity oibeing heard before any penalty is imposed on him '
Provrded further that the burden of proving that he acted reasonably
and diligently :shall be on the Central Public information Officer or the State
Public information Officer, as the case may be,
(2) Where the Central information Commission or the State Information
Commission. as the case may be, at the time of deciding any complaint or
appeal is of line opinion that the Central Public: information Officer or the
State Public: Information Officer, as the case may be, has, without any
reasonable cause and persistently, failed to receive an application for
information or has not furnished information within the time specified under
sub-section ('1') ofsection 7 or malafidely denied the request for information
or knowingly given incorrect, incomplete or misleading informaion or
destroyed information which was the subject oflhe request or obstri cted in
any mannerin Furnishing the information, it shall recommend for disc pilnary
‘ action against the Central Public information Officer or the State Public
information Officer, as the case may be, under the service rules applicable to
him.
CHAPTERVI
MISCELLANEOUS
scrim of 21, No suit, prosecution or other legal proceeding shall lie againstanyperson
"'a‘eni" f ¥ l' i “l of tr (1 inte d d lob d neiinderti‘ilsAct
mm, oranytnngwucilsmgoo at l oneor n e t e o . .
orany rule made thereunder.
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Tripura Gazette, Extraordinary tssue, July 27, Q1505 A. D. .
222. The provisions of this Act shall have eflect notwitiistanriing anything
inccirisistent therevvith contained in the Official Secrets Act, ‘I923, and any
other law For the time being in force or in ani inst' 3 : rument having effect by
virtue of any law other than this Act.
23. N0 court shall entertain any suit, application or other pri;-ceeding in
respect of any ordermade under this Act and no such order shall oe called in
question otherwise than by way of an appeal under this Act.
an '1 to certain _24.g(1)* l§lo:hin_g contained in this Act shall apply to the intelligence and
organisatons. security or-: anisations specified in the Second ° had I ' J i
provided altar the approval of the State lnformatio
._ _H g _ 7 ..>c .. u e, being oriyajnisations
estabiisiiec by the Central Government or any inioi mation furnish ed by such
— _ ' * _______ A
organisatiois to that Qiovernmentt
_ Prcyicled that the infgirination pertaining to the allegations oi‘ corruption
and hurriaii rights viotations shall not bi cl d W W I _f if "Ne ex u edunderthis sub--section: _
Pr-:)-/lded furtherthat in the case of info rniation sought for is in respectf __ _
o allegations OfVlOT§ti€Jl‘t'DVfht1t’TtiV3:fl rights theinfoririation shalt only be p_r0vided_
Erie the approval of the Ce_ritral information Cot1JJ1'1ission,_and n_otwi~‘h_standir1g_
anything ciiiitained in*§ction 7, such informaiipii__shaii be pl'OVi<;6d within_
Tinrfii»-five days from the date of tliefreceipt of request.‘ A
(2) The Central Government may by notification in ire Off" ' I_ . icia
Gazette, at‘l'tlEti1C| the Scheduiia by including therein any other intelligence or
security organisation established by that Government or omitting therefrom
an F . _> . . .5 0l'g3i1lSclIlOfl already specified therein and on the publication. of such
notification, such organisation shalt be deemed to be included in iir, as the
case may be. omitted from the Schedule.
(3) Every notification issued under sub-section (2) shrill be laid
before each House of Parliament.
(ll) Nothing contained in this Act sha!l apply to such intnliigence
and "t " ' ' ' ' ' ' 'secuii y organisation being organisations established by tie State
Government, as that Government may, from time to time, by notification in
the Official Giaizette, specify I
Provided that the information pertaining io tho aiiegaliori of C-(§1iTUplll)!t
1 han-; uriian rights violations shall not be excluded under this sub-section "
Provic ed further that in the case of information sought for is in res ect
Pof allegations of vioi t" n f i ' - ' 'a io 0 iuman rights, the information shall only be
n Commissirn and
notwithstanding anything contained in section 7, such inforrnation shall be
provided withir iorty~iive days from the date of the receipt of request.
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flir‘rtitdttnage 222. The provisions of this: Act shall have efiect notwithstanding anything :
”um inconsistent therewith contained in the Official Secrets Act, 19;!
other law For the time being in force or in any in
virtue of any law other than this Act.
3, and any ,
strumerit having effect by
B“ 0' ”'3. No court shall en ertain .~ ' ' ' ». ' '
jursdicnon u! 4 t any cult, application or other pnceeding in
a, ”15 respect of army orderinade under this Act and no such order shall as called in
question oherwise than by way of an appeal under this Act.
ELM . 24.(‘l) Ntrithin contained in this Act shall 3
apply to certain _ . .
mganismml security org: a nisations spec
fl
pply to the intelligence and
iiied in the Second Schedule. being organisations
establishec by the Central Government orany inf0i mation furnish ed by such
organisatio ~15 to that Government:
Pic vided that the information pertaining to the allegations of corruption
and human rights violations shall not be excluded underthis sub-section:
Provided further that in the case of information sought for is in respect
ofaliegation a; 0 we a ion of human mitts the information shall only be prMfl.
after the approval of the Central information Cominiss
_,ion and notvvi hstandimL
anything contained in section 7, such information shall be provk ed Within
forTy‘fiveHays from the date of the receipt of moi iefix
(2) The Central Government may. by notification in He Official
Gazette, an'iond the Schedule by including therein any other intelligence or
security organisation established by that Government or omitting therefrom
any organisation already specified therein and on the publication, of such
notification, siuch organisation shall be deemed to be included in or, as the
case may be. omitted from the Schedule.
(3) Every notification issued under subsection (2) Silt'l“ be laid
before each House of Parliament.
(4) Nothing contained in this Act sha‘i apply to such intelligence
and security organisation being organisations established by He State
Government, as that Government may, from time to time, by notification in
the Oificial Grizette, specify :
Proviizled that the information pertaining to the allegation ofctnrruption
and human rights violations shall not be excluded under this sub-section '
Provtc ed further that in the case of information sought for is in respect
of allegations of Violation of human rights the information shall only be
proVIded alter the approval of the State information Commissitm and,
notwithstanding anything contained in section 7, such information shall be
provided withir forty—five days from the date of the receipt of request.
.en-._
g anything 1 (5) E
‘Fripura Gazetl
l
i' 2.q l
B, Extraordinary issue, July 27. 2065» A. o.
very notification issued under s:ub»sect' 43, and an ' ' ‘
; effect by
eeding in
a called in
znce and
nisations
1 by such
Jrrugtion
ECUOFII
ion( lsliall be laid
y tie fore the State Legislature.
95(1) The Centrialiriform t‘.. _ _ " a ioQ_C0mrriis-sion or State lntrrmationC .ommissiori, as the case f , , y as practicable alterthe end _{‘?"°.“i'w"__ '
of each year prepare a report" on the Implementation of the provi<-ii _
_ k Hg __ _ {Vloriitorhciantmay be shall as soon
J - __ 7 L-' ms 0ftl"i_is7Tct cluring thiait year and forward a copy thereof to the appropriate GI)‘-'El”ftiTle|'1l._
* e (2) Each Ministr 0 D' y r epartmentshall, in relation to the pcblicauthorities withifi their juridiction collect-and
y , pi"ov*i~:leysuch Information tethe-TetTF§FlfitErinat' ‘ ' "ion (.,OlTlITllSbl0n or State lnfc-rniation§oriP 7
.. , I1
__" my with the requirements concerning the fu' ' ' ' ' w
_ l_l1iSi‘|ll1g of that int arrn‘ati_onQid keeping of records for the ptgposes of this section, *
(3) Each report shall state in respect of th
e year to which thereport rel t -- a es,respect
irovided
tanding
1 within
Official
ince or
"efrom
f such
as the
ie laid
ience
State
on in
ation
in :
Ject
' be
ind,
l be
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('3)
(Ell
(6)
ti)
(9)
the riurnber of requests made to each public authority ;
the number of decisions where applicants were no" entitled
to "iccess t "th '-= ci e documents pursuant to the l"E3CllJ~$!SiS, the
provisions of this Act under which these decisions were
mad d' ' ' 'e an the numberoftimes such provisions were nvciked;
the number of appeals referred to the Central lni"r.irmatioii
Coirirnissi " ‘ ’ ‘ 'on or btate Information (,omm.ission, as I we case
may be, for review, the nature of the appeals and the i: utcome
of the appeals ;
particulars of any disciplinary action taken against an / officer
in respect of the administration of this Act ;
the amount of charges collected by each public authority
under this Act ;
any facts which indicate an effort by the public autho "it' l
- . ies oadminister and implement the spirit and intentiori of this
Act;
recominenictations for reform, iriciuding recommendations in
respect of the p-articular‘ public authorit "'1
ies, or thedevelopment. improvement, modernisation, reform or
amendment to this Act or other I-egisiation or coi"nm- in law
or any other matter relevantfor operationalisirig the iightto
access information.
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3 called in
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oect
' be
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i‘ripura Gazette, Extraordinary issue, July 27. 2055 A. Dr
(5) Every notification issued under sub-section (4) :;| all be laid
before the 5 late Legislature.
25 (i) The Central information Commission or State “11?er Monttori 15] anj
Commissmri, as the case may be shall '
, as soon clS practicable alter the end arm
of each year pre
1'5. (2) Each Minis:
authorities Within theirjuridiction, collect and piovide such inform
en rat information Commi
:aiion tothe
ssion or State We
miati n ommi sinn as the
sport under this section and
merits concerriin the furnishing of that inlarrnation
andkeepingofrecordsforthe ur ‘esoi hissection
(3) Each report shall state in r
report relates,-
espect of the year to vuhich the
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were no" entitled
to access to the documents pursuant to the requests, the
provisions of this Act under which these decisions were
made and the number of times such provisions were nvoked;
(c) the number of appeals referred to the Cenlrai inl
Commission or State inlorr
may be, for review, the n
of the appeals;
'oriiiation
nation Commission, as l we case
ature of the appeals and the r. utcome
(d) particulars oi
any disciplinary action taken against
in respect of
the administration oi this Act;
(e) the amount of charges colie
under this Act ;
an /ofticer
cted by each public authority
(i) any facts which indicate a
administer and impieme
Act;
n effort by the public autha'ities to
nt the spirit and intention of this
(9) recommendations for reform,
respect of the particular
development, improvement,
amendment to this Act or other
or any other matter relevant for
access information.
including recommendations in
public authorities, for the
modernisation, reform or
legislation or comm in law
operationaiising the i‘ightto
25
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F'i__ i
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Appropriate
Grnernmenl to
prepare
F!l'l)§1l'3l'I1l’I'l€!5.
4
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'l"ripura Gazette, Extraordinary Issue, Jiily 27. 2005 A. D.
(4) The Central Government or the State Governrniaint, as the
case may be, may, as soon as practicable after the end of each year, cause
ra copy of the repon‘. of the Central information Commission oi the State
information Commission, as the case may be, referred to in sub section (1)
to be laid bf3!iOfE each House of Parliament or, as the case may be, before
each House of the State Legislature, where there are two Houses, and where
there is one House of the State Legislature before that House.
(5) if it appears to the Central information Cornmlssii in or State
Information Commission, as the case may be, that the practice of a public
authority in relation to the exercise of its functions under this Act does not
conform with the provisions or spirit of this Act, it may give to the authority a
i'eccimi"nerir:lation specifying the steps which ought in its opinion to be taken
for prornotirig such c:onforrnl'ty. '
26. (I) The appropriate Government may, to the extent of
availability cl financial and other resources,--
(a) develop and organise educational programmes lo advance
the understanding of the public, in particular of disadvantaged communities
as to how tiii exercise the rights contemplated under this Act;
(bl encourage public authorities to participate in the de<-/elopment
and organisiation of prograrnrnes referred to in clause la) and to undertake
such pl'OQl’Ell"lli"ll€$ themselves ;
(cl Promote timely and effective disserniriation or accurate
information by public authorities about their activities; and
(di train Central Public lnforrrirati-an Officers or Slate Public
Information Officers, as the case may be, of public authorities arid produce
re-levenl training rnaterlals for use by the public authorities themselves.
(2) Thu appropriate Governrnerit shall, within eighteen moritl" s from the
commence nentof this Act, compile in its official language a guide containing
such infornialion, in an easily comprehensible form and mann-zr, as may
reasonably be required by a person who wishes to exercise any rigl It specified
in this Act
(3) The appropriate Government shall, if necessary, update and publish
the guidelines referred to in sub-section (2) at regular intervals wh ch shall, in
particular and without prejudice to the generality oi sub-section iii), include-
ta) the objects of this Act,
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DID! Ifal’itnleS.
v
‘l'ripura Gazette, Extraordinary issue, July 27. 2005 A. D.
(4) The Central Government or the State Government, as the
case may 13 a, may, as soon as practicable after the end of each year, cause
a copy of the report of the Central Information Commission or the State
Information Commission, as the case may be, referred to in sub- section (1)
to be laid before each House of Parliament or, as the case may be, before
each House of the State Legislature, where there are two Houses. and where
there is one House of the State Legislature before that House.
(5‘; if it appears to the Central Information Commissir in or State
Information Commission, as: the case may be, that the practice of a public
authority in relation to the exercise of its functions under this Act does not
conform wit h the provisions or spirit of this Act, it may give to the authority a
recommendation specifying the steps which ought in its opinion to be taken
for promoting such conformity.
26. (I) The appropriate Government may, to the extent of
availability of financial and other resources--
(at develop and organise educational programmes to advance
the understanding of the public, in particular of (Itsat‘lvantaged communities
as to how to exercise the rights contemplated under this Act;
(b) encourage public authorities to participate in the development
and organisation of programmes referred to in clause (a) and to undertake
such programmes themselves;
(o) Promote timely and effective dissemination ol accurate
information by public authorities about their activities; and
(ti) train Central Public Information Officers or State Public
Information Officers. as the case may be, of public authorities and produce
relevent training materials for use by the public authorities themselves.
(2) The appropriate Governmentshall, within eighteen monti‘ s from the
commence nent of this Act, compile In its official language a guide containing
such information, in an easily comprehensible form and manner, as may
reasonably be required by a person who wishes to exercise any rigl it specified
in this Act
(3) The appropriate Government shall, if necessary, update and publish
the guidelines referred to in subsection (2) at regular intervals wh 3h shall, in
particular a art without prejudice to the generality of sub—section iii), include-
(a) the objects of this Act,
and,
Ohio
authi
infor
F‘ubl
Pub
in ay
Cor
in rt
ma
cat
for
.\
i .
"s l
l l ‘
I
T ripura Gazette, Extraordiriaiy Issue, July 27, 2005 A. D. I
,1
(bl the postal and street address, the phone and fa;< number
and, if available, electronic mail address of the Central Public lri"ormation
Officer or Stzite Public: information Officer, as the case may be, of every pt.lb|iC
authority appointed under subsection (l) of section 5 ;
(0) the manner and the form in which request for access to an
information shall be made to a Central Public Information Office ‘ or State
Public lnforriation Officer, as the case may be ;
" “t-'
(d) the assistance available from and the duties of tte Central
Ftubllc Information Officer or State Public Information Officer, as the case
l may be, of 2 public atittiorily under this Act ;
(e) the assistance available from the Central lnlormation
Ciommissior. or.State information Commission, as the case rriay tie ;
(f) all remedies in law available regerdirig an act orfailure to act
in respect 0" a right or duty conferred or imposed by this Act including the
:1: V, ;., _. mariner of filing an appealto the Commission; V
»..
--4-»a..-r
it
,_
I (g) the provisions providing for the voluntar disclosure ofY
e ; categories cf records in acizo-rdance with Section 4 ;
(h) the notices regarding fess to be paid in relation to requests
for access tn an information ; and
(i) any additional regulations oi‘ circulars made or issued in
relation to obtaining access to an information in accordance with this Act.
‘ Jr
1-
I (-=1) The appropriate Government must, if necessary, update and publish
_» the guidelines at regular intervals.
~ 3 27.) (1) The appropriateiGovernment may, by notification in tle Official P°W@'l" '“a“°
" K ' . . s . ' r ~ " 'rti'ie?T"__""yGazette, ma ke rules to carry out the provisions of this act. app,<,p,i,,ie
' r * r " * e so 1 e — .
I I u - - . (2) ln p articular, and without pi'B]UdlCG to the generality of the foregoing
power, sucli rules may provide for all or any of the following matters,
namely :-
(a) the cost of the medium or print cost price of the ii"; aterials to
be disseminated under sub-s_ection (4) of section 4 ;
lb) the lee payable under sub-section (1) of section 45 ;
_¢ (c) the tee payable under sub-sections (1) and (5) of section 7 ;
ii§i::'t~'
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Tripura Gazette, Extraordinary Issue, July 27. 2005 A. D,
(b) the postal and street address, the phone and fax number
and, if available, electronic mail address of the Central Public Irr‘ormation
Officer or State Public information Officer, as the case may be, of every public L
authority appointed under subsection (i) of section 5 ;
(c) the manner and the form in which request for access to an t
information shall be made to a Central Public Information Office ‘ or State i,
Public Inforr‘iation Officer, as the case may be;
’ v
(d) the assistance available from and the duties of tie Central
Public Information Officer or State Public Information Officer, as the case
may be, of a public authority under this Act;
*vnww'“ ‘
(e) the assistance available from the Central Iniormation
i
Commissior. orState Information Commission, as the case may he ;
(f) all remedies in law available regarding an act orfailure to act
in respect 0" a right or duty conferred or imposed by this Act including the
manner of filing an appeal to the Commission; ,
J
(g) the provisions providing for the voluntary disclosure of
categories ct records in accordance with Section 4- ;
(h) the notices regarding fees to be paid in relation to requests
for access to an information ; and
(i) any additional regulations or circulars made or issued in
relation to obtaining access to an information in accordance with this Act.
11;"“i M Am.” L _ “M.
(.4) The appropriate Government must, it necessary, update and publish
the guidelines at regular intervals.
27, {1) The appropriate Government may, by notification in it e Official tog/sari" make
I
Gazette, make rules to carry out the provisions of this act, Wale
Oovernment.
N4
(2) in p articuiar, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely :—
(a) the cost of the medium or print cost price of the n: aterials to
be disseminated under sub-section (4) of section 4 ;
(b) the fee payable under sub—section (1) of section is;
(C) the ‘ee payable under sub-sections (1) and (5) of section 7 ; i
.ea,
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Ti-ip_ura Gazette. lExtraordlnaiy~lssus, July 27, 2005 A.-DI
(d) the salaries and allowances payable to and the terms and
conditions of service of the officers and other employees under sub-section
(5) of sectior ‘l 3 and subsection (6) of section 16 ;
(e) the procedure to be adopted try the Central liifarrnation
(Jommission or SlateinformationCommission, astlie case may be, ir deciding
the appeals under sub-section (10) of section 'l 9 ; and
(i) any other matter which is required to be, or may be,
prescribed.
~28. (1 ) i The competent authority may, by notification in the Official Qazette,
rrfake rules to carry out the provisions of this Acr, C
(it) In pzirticular, and without prejudice to the generality of the toregoing
power, such rules may provide for all or any of the following matters,
namely :- ~
(i) the cost of the medium or print cost price of the miziterials to
be disseininiaited under sub-section (4) of section 4 ;
(ii) the fee payable under sub-section (1 ). of section iii ;
(iii) the fee payable under sub-section (1) of section ; and
(iv) any other matter which is required to be, or may be,
prescribed.
29. (1) Evey rule made by the Central Government under this Act shall be
laiid, as soor as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty clays which may be corn prised
in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be iriade, the rule shall
thereafter have effect only in such modified form or be of no effect, as the
case may be, so, however, that any such modification or annulniert shall be
without prejudice to the validity of anything previously done under that rule.
(I2) Eve"y rule made under this Act by a Slate Government S|iiEil| be laid,
as soon as may be after it is notified, before the State Legislature
;*l0 (1) if ary difficulty arises in giving effect to the provisions of this Act, the
Clentrisil Governnient may, by order published in the Official Gazette, make
such provisi-:ins not inconsistent with the provisions of this Act as appear to
it to be necessary or expen-client for removal of the difficulty ;
v _.__'li.
' I ‘ I
Power to mall-i,
rules by
competent
authority.
Laying of ru
Power to
remove
ilifiicultiesi.
___ 7:{%:{ . W ___.,____ .._,,_ - » ~ ——— 7_...=s=— —— ——— _ l~ - - r r "—— ___—-'- ;___.__ _ __
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'lripura Gazette. Extraordinary'lssue, July 27. 2005 AD.
(cl) the salaries and allowances payable to and the harms and
conditions of service of the officers and other employees under sun-section
(l3) oi secttor 13 and sub—section (6) ofsection 16 ; g
(e) the procedure to be adopted try the Central Information
Commission or StateinformationCommission, asliie case may be ir deciding .
the appeals tinder sub-sect.on (1 O) of section 19 ; and
(i) any other matter which is required to be, or may be,
prescribed.
28(1) Thecompetentauthorily may, by notification in theOfficiaI Gazette, P°Wert°mall
make rules to cam] out the provisions of this Act. “”55 by
competent
authorlty. .
(23) In particular, and without prejudice to the generality of thefore'going l
power, suct‘ rules may provide for all or any of the following matters,
namely :-
(i) the cost of the medium or print cost price of the materials to
be disseminizited under sub-section (4) of section 4 ;
(ii) the tee payable under sub-section (1) of section iii;
(iii) the fee payable under sub-section (1) of section "' ; and E
(iv) any other matter which is required to be. or may be,
prescribed.
29. (1) Eve'y rule made by the Central Government underthis Act shall be Laying 0‘ "1" '
laid, as soor as may be after it is made, before each House of Parliament,
while it is in s ession. for a total period of thirty clayswhich may be comprised
in one session or in two or more successive sessions, and if. before the
expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no eftest, as the
case may be, so. however, that any such modification or annulmert shall be
without prejudice to the validity of anything previously done under ‘:hat rule.
(22) Eve'y rule made under this Act by a State Government shall be laid,
as soon as may be after it is notified, before the State Legislature
30 (1) if ary difficulty arises in giving effect to the provisions of this Act, the Power to
tIlentral Government may, by order published in the Official Gaze'Ite, make :figi‘gl‘l’fiieg-
such provisions not inconsistent with the prov sions of this Act as appear to
it to be necessary or expendient for removal of the difficulty ;
Rene at
irlpura Gazette, E>:tra_ordin\ary Issue, July 27, 2000 A. D. .
‘Q3!’ g ~.v' "
\ .
“ Prol. ided that no such order shall be made afterthe expiiy cf a period
I of two years from the date of the comm'encen'|enl: of this Act.
I
ii [ See Sections 13 (3) and 16 (3)}
I
‘I Repeal. 31. The Freedom of Information Ar. t, 20021 is hereby repealed 5 of 2002-. '
i (2) ’ Every order made und -‘this section shall, as socn as may
’ be after it is made, be laid before each l rouse of Parliament.
i
"I I 1",
THE‘F|RST SCHEDULE
FORM CIF OATH OR AFFIRMATION TO BE ll/IADE BY THE (I HIEFI
INFORMATION COIVIMISSIONERITHE IN'FORIt"IATION COIVIMIS FSIONERI
Tl-IE STATE CHIEF INFORMATION C('JMl\lIlSSlONERfTHE 8"'ATE
MI
if
i.
l
Is
at
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INFORM/NYION COIVIII/IIS.'3|l)N ER .
"l, ........ hat ing been appointed Chief Information Cornmissionerllriformation
Ciommissior|erlS-tale Chief information Cornrrélssioner/State lri’ormation
Ciommissiorier swear in the name of God that I will bear true faith and
allegiance to the solemnly zifltrm.
Constitution of India as bylaw established, thzatl will uphold the sat rvereignty
and integrity of India, that I will duly and faithfully and to the best of my ability,
knowledge and judgment perform the duties of my office without tea: or favour,
affection or- ll-will and that I will uphold the Constitution and the laws."
THE SECOND SCHEDULE
( See Section 24- )
INTELUGEEI-ICE AND SECURITY ORGANIS/-\'I'I'IIll\I ESTABLISPIIEID BY THE
CENTRAL GOVERNMENT.
{_ 1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central [Economic Intelligence Bureau.
5. Directorate of Enforcement.
~ 6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special -Irontier Force.
9. Border Security Force.
'l(i.Cenlral Reserve Police Force.
11. lndo-Tit: etan Border Police.
29
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lripura Gazette, Extraordirtigry Issue, Juli,I 27, 2005 A. D. ’
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Prot lded that no such order shall be made after the expiry of a period "
of two years from the date of the comm 'encement of this Act. i
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(2) Every order made und ' this section shall, as soon as may
be after it is made. be laid before each I iouse of Parliament. ;_
Repeal. 31, The Freedom of Information At. t, 2002‘. is hereby repealed 5 of 2002-. I
I H >
THE'FIRST SCHEDULE
[See Sectlons 13 (3) and 16(3)]
FORM CIF OATH OR AFFIRMATION TO BE MADE BY THE (1 HIEF, i
INFORMATION COMMISSIONERfl'HE INFORMATION COMMIS E3IONER/ i
'THE STATE CHIEF INFORMATION COMMISSIONER/THE S"‘ATE I
INFORMATION COMMISSIONER ‘
"I. .......... , having been appointed Chief Information Commissioner/In formation I
Commissioner/State Chief Information Commissioner/State In iormation “1‘
Commissioner swear In the name of God that I will bear true faith and ;
allegiance to the solemnly affirm. 7
J:
Constitution of India as by law established, thzatl will uphold the St ivereignty
and integrity of India, that I will duly and faithfully and to the best of my ability,
knowledge and judgment perform the duties of my olfice without fea. or favour,
affection or- "will and that I will uphold the Constitution and the laws."
-Lwa;
THE SECOND SCHEDULE
( See Section 24- )
INTELLIGEil-ICE AND SECURITY ORGANISATION ESTABLISHED BYTHE
CENTRAL GOVERNMENT.
1. Intelligence Bureau. “4
2. Research and Analysis Wing of the Cabinet Secretariat.
3, Directorate of Revenue Intelligence.
4. Central liconomlc Intelligence Bureau. f
5. Directorate of Enforcement.
6, Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
'I0.Central Reserve Police Force. .
11. lndo—Tit e‘tan Border Police. "'
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'1 ripura Ggzrgtté, l';_7)§llaOl’dIl‘l5fy ISSUE. Jtllf/.27, 2D05rA. D. c
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12. Central Industrial Sect, ity Force. .
13. National Security Guatjzls.
14. Assam ltiiles.
15. Special Service Burea; .
16. Special l.l ranch (CID),A ndaman and Nicobar.
17. The Crime Branch-C.l.l_i.--C-B, Dadra and Nagar Haveli.
18. Special Branch, Lakshudweep Police.
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Priiifed atthe iripura Government Fitness, Agarfa a.
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1 ripura Gazelle, Erihaordlnéry Issue. Juli/V27, ZDOEFA. 0‘
12‘ Central Industrial Seci, lly Force.
13. National Security Guagis.
14. Assam Rifles.
15, Special :Eerwce Bureau .
16, Special llranch (CIDM ntlaman and Nicobar.
17. The Crime Branch-C.l.Ll.~-CB, Dadra and Nagar Haveli.
18. Special Branch. Lakshndweep Police,
' V
T. K. VISWANI'THAN,
Secy. to (he Govtof India.
Primed attlie Tripura Government F’mss, Agerlalal