Rajasthan act 22 of 2005 : The RIGHT TO INFORMATION ACT, 2005

Date: 14 Jun 2005

Department

Department of Administrative Reforms and Co-ordination Department

Enforcement Date

15 May 1981

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AO3—05

NEW DELHI, TUESDAY, JUNE 2 ft % fae for ae ster

art in order that it may b MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st June, 2005/Jyaistha 31, 192 7 (Saka)

The following Act of Parliament received the assentof the President on the 15th June,

2005, and is hereby published for general inform ation:—

THE RIGHT TO INFORMATION ACT, 2005

No. 22 of 2005

[15th June, 2005.]

An Act to provide for setting out the practical regime of right to information for

citizens to secure access to information under the control of public

authorities, in order to promote transparency and accountability in the

working of every public authority, the constitution of a Central Information

Commission and State Information Commissions and for matters connected

therewith or incidental thereto.

WHEREAS the Constitution of India has establis hed democratic Republic;

AND WHEREAS democracy requires an informed c itizenry and transparency of

information which are vital to its functioning and also to contain corruption and to

hold Governments and their instrumentalities accounta ble to the governed;

AND WHEREAS revelation of information in actual pr actice is likely to

conflict with other public interests including efficient o perations of the Governments,

optimum use of limited fiscal resources and the preserv ation of confidentiality of

sensitive information;

M "é. l»! Liii, .K 3 \[W‘L , a, v w gm! MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the let June, 2005/Jyaistha 31. 1927 (Saka) The following Act of Parliament received the assent ofthe President on the 15th June 2005, and is hereby published for general information:# THE RIGHT TO INFORMATION ACT, 2005 No. 22 of 2005 [15th June, 2005.] An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. the constitution of a Central Information Commission and State lnfonnation Commissions and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India has established democratic Republic; AND WHEREAS democracy requires an infonned citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; AND WHEREAS revelation of information in actual practice is likely to conﬂict with other public interests including efﬁcient operations of the Governments, optimum use of limited ﬁscal resources and the preservation ot‘conﬁdentiality of sensitive information;

2 THE GAZETTER OF INDIA EXTRAORD INARY [PART II—

AND WHEREAS it is necessary to harmonise these conflicting interests while

preserving the paramountcyofthe democratic ideal;

NOW, THEREFORE, it is expedient to provide for furnishing certain

information to citizens who desire to have it.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of I ndia as

follows:—

CHAPTER |

Preliminary

Short title, 1. (/) This Act may be called the Right to Information Act, 2005.

extent and commencemen

t (2) It extends to the wholeof India except the State of Jammu andKashmir.

(3) The provisions of sub-section (/) of section 4, sub-sections (/) and (2) of

section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the

remaining provisions of this Act shall come into force on the one hundred and

twentieth day of its enactment.

Definitions. 2. In this Act, unless the context otherwise requires,—

(a) "appropriate Government" means in relation to a public authority which is

established, constituted, owned, controlled or substantially financed by fund s provided

directly or indirectly—

(i) by the Central Government or the Union territory administration, the

Central Government;

(ii) by the State Government, the State Government;

(b) "Central Information Commission" means the Central Information Commission

constituted under sub-section (/) ofsection 12;

Officer designated under sub-section (/) and includes a Central Assistant Public

Information Officer designated as such under sub-section (2) ofsecti on 5;

(d) "ChiefInformation Commissioner" and "Information Commissione r" mean the

Chief Information Commissioner and Information Commissioner appointed u nder

sub-section (3) of section 12;

(e) "competent authority" means—

(i) the Speaker in the case of the House of the People or the Legislative

Assembly of a State or a Union territory having such Assembly a nd the

Chairman in the case of the Council of States or Legislative Counci l ofa

State; (ii) the Chief Justice of India in the caseofthe Supreme Court;

(iii) the Chief Justice of the High Court in the case ofa High Court;

(iv) the President or the Governor, as the case may be, in the case of other

authorities established or constituted by or under the Constitution;

(v) the administrator appointed under article 239of the Constituti on:

(f) "information" means any material in any form, including records, do cuments,

memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks,

contracts, reports, papers, samples, models, data material held in any elect ronic form

2 THE GAZETTER OF INDIA EXTRAORDINARY [PART II— AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy ofthe democratic ideal; NOW, THEREFORE. it is expedient to provide for furnishing certain information to citizens who desire to have it BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— CHAPTER I Preliminary 5M" mil I. (I) This Act may be called the Right to Information Act. 2005. extent and cominencemett t (2) It extends to the whole oflndia except the State ofJammu and Kashmir. (3) The provisions of sub-section (I) of section 4, sub-sections (I) and (2) of section 5. sections I2. I3. I5,I6, 24, 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment. DEﬁmﬁm‘i 2, In this Act, unless the context otherwise requires.— (a) "appropriate Government" means in relation to a public authority which is established. constituted. owned, controlled or substantially ﬁnanced by funds provided directly or indirectly— (i) by the Central Government or the Union territory administration. the Central Government; (ii) by the State Government, the State Government; (b) "Central Information Commission" means the Central Information Commission constituted under sub-section (I) ofsection I2; (6) "Central Public Information Ofﬁcer" means the Central Public Information Ofﬁcer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) ofsection 5; (d) "Chieflnformation Commissioner" and "Information Commissioner" mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section I2; (e) "com etentauthorit " means— P Y (i) the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; (ii) the Chief Justice of India in the case ofthe Supreme Court; (iii) the Chief Justice ofthe High Court in the case ofa High Court; (iv) the President or the Governor. as the case may be, in the case of other authorities established or constituted by or under the Constitution; (v) the administrator appointed under article 239 ot'the Constitution; (f) "infonnation" means any material in any form. including records, documents, memos, e-mails. opinions, advices. press releases. circulars, orders. logbooks, contracts, reports, papers. samples, models, data material held in any electronic form

SEC,.1 THE GAZETTE OF INDIA EXTRAORDINARY

and information relating to any private body which can be accessed by a publ

authority under any other law for the tim e being in force;

(g) "prescribed" means prescribed by ru les made under this Act by the appropri

ate

Government or the competent authority, as the case may be;

(h) “public authority" means any aut hority or body or institution of self

government established or constituted—

(a) by or under theConstitution;

(b) by any other law made by P arliament;

(d) by notification issued or order made by the appropriate Government,

and includes any—

i) body owned, controlled o r substantially financed;

(ii) non-Government organisation substantially financed,

directly or indirectly by funds provid ed by the appropriate Government;

(i) "record" includes—

(a) any document, manuscript and f ile;

(b) any microfilm, microfiche and facsim ile copy ofadocument;

enlarged or not); and

(d) any other material produced by a com puter or any other device;

(j) "right to information" means the righ t to information accessible under this Ac

which is held by or under the control o f any public authority and includes the

right

to—

(i) inspection of work, documents,recor ds;

(ii) taking notes, extracts or certified copie s of documents or records;

(iii) taking certified samples of material;

(iv) obtaining information in the form of diskettes, floppies, tapes,

video

cassettes or in any other electronic mod e or through printouts where such

information is stored in a computer or in an y other device;

(k) "State Information Commission" means the State Information Commis

sion

constituted under sub-section (/) of secti on 15;

(J) "State Chief Information Commissi oner" and "State Information Commiss

ioner"

mean the State Chief Information Commissioner and the State Informa

tion

Commissioner appointed under sub-se ction (3) of section 15;

(m) "State Public Information Offic er" means the State Public Informa

tionOfficer

designated under sub-section (/) an d includes a State Assistant Public

Information

Officer designated as such under sub-s ection (2) of section 5;

(n) "third party" means a person other than the citizen making a request for

information and includes a public authorit y.

SEC.l THE GAZETTE OF INDIA EXTRAORDINARY and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; (g) "prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be; (h) "public authority" means any authority or body or institution of self- government established or constituted— (a) by or under the Constitution; (1)) by any other law made by Parliament; (c) by any other law made by State Legislature: (d) by notiﬁcation issued or order made by the appropriate Government. and includes any# (i) body owned, controlled or substantially ﬁnanced; (ii) non-Govemment organisation substantially financed, directly 01‘ indirectly by fl-lnds provided by the appropriate Government; (i) "record" includes—— (a) any document, manuscript and ﬁle; (b) any microﬁlm, microﬁche and facsimile copy ofa document; (c) any reproduction of image or images embodied in such microﬁlm (whether enlarged or not); and (d) any other material produced by a computer or any other device; (1‘) I'right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to— (i) inspection ofwork, documents. records; (ii) taking notes, extracts or certiﬁed copies of documents or records; (iii) taking certiﬁed samples ofmaterial; (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; (k) "State information Commission" means the State Information Commission constituted under sub-section (1 ) of section 15; (I) "State Chieflnfonnation Commissioner" and "State Information Commissioner" mean the State Chief lnfom'iation Commissioner and the State Information Commissioner appointed under sub-section (3) of section l5; (m) "State Public information Ofﬁcer" means the State Public information Ofﬁcer designated under sub-section (I) and includes a State Assistant Public Information Ofﬁcer designated as such under sub-section (2) of section 5; (n) "third party" means a person other than the citizen making a request for information and includes a public authority.

THE GAZETTER OF INDIA EXTRAOR DINARY

CHAPTER II

Right to information and obligatio ns of public authorities

3. Subject to the provisionsofthis Act, a ll citizens shall have the right to informa

tion.

4. (1) Every public authority shall—

a) maintain all its records duly cat alogued and indexed in a manner an

d the

form which facilitates the right to inf ormation under this Act and ensure th

all records that are appropriate to be computerised are, within a reasonable

time and subject to availability of r esources, computerised and connecte

through a network all over the countr y on different systems so that access

such records is facilitated;

b) publish within one hundred and twenty days from the enactment of

this

Act,—

(ii) (iii)

(iv) wy

(vi)

(vii)

(viii)

(ix) (ay)

(xi)

(xii)

(xiii)

(xiv)

(xv)

(xvi)

(xvii) thereafter update these publications

every year; and

©)

the par ticulars of its organisation, funct ions andduties;

the powers and duties of its officers and employees;

the procedure followed in the decis ion making process,

including channels of supervision and acc ountability;

the norms set by it for the discharge of its functions;

the rules, regulations, instructions, manua ls and records, held by

it or under its control or used by its emp loyees for discharging

its functions;

a statement of the categories of documen ts that are held by it or

under its control;

the particulars of any arrangement tha t exists for consultation

with, or representation by, the membe rs of the public inrelation

to the formulation of its policy or impleme ntation thereof;

a statement of the boards, counci ls, committees and other

bodies consisting of two or more person s constituted as its part

or for the purpose of its advice, and a s to whether meetings of

those boards, councils, committees a nd other bodies are open to

the public, or the minutes of such mee tings are accessible for

public;

a directory of its officers and employees;

the monthly remuneration received by eac h of its officers and

employees, including the system of com pensation as provided

in its regulations;

the budget allocated to each of its age ncy, indicating the

particulars of all plans, proposed expen ditures and reports on

disbursements made:

the manner of execution of subsidy progr ammes, including the

amounts allocated and the details of beneficiaries of such

programmes;

particulars of— recipients of conce ssions, permits or

authorisations granted by it;

details in respect of the information , available to or held byit,

reduced in an electronic form;

the particulars of facilities available to ci tizens for obtaining

information, including the working hours of a library or reading

room, if maintained for public use;

the names, designations and other parti culars of the Public

Information Officers;

such other information as = ma y be prescribed;

publish all relevant facts while formul ating important

policies or announcing the decisions whi ch affect public;

d) provide reasons for its administrative or quasi-judicial

[PART II—

Right to

information

THE GAZETTER OF INDIA EXTRAORDINARY CHAPTER II Right to information and obligations of public authorities 3. Subject to the provisions ofthis Act, all citizens shall have the right to information. 4. (I) Every public authority shall— a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated; b) publish within one hundred and twenty days from the enactment of this Act.— (i) (ii) (iii) (N) (v) (vi) (vii) (viii) (11) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) thereafter update these publications every year; and C) the particulars of its organisation, functions and duties; the powers and duties of its officers and employees; the procedure followed in the decision making process, including channels of supervision and accountability; the norms set by it for the discharge ofits functions; the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; a statement of the categories of documents that are held by it or under its control; 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; a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; a directory of its ofﬁcers and employees: the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; the budget allocated to each of its agency, indicating the particulars of all plans. proposed expenditures and reports on disbursements made: the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; particulars of recipients of concessions, permits or authorisations granted by it; details in respect of the information, available to or held by it, reduced in an electronic form; the particulars of facilities available to citizens for obtaining information, including the working hours ofa library or reading room, if maintained for public use; the names, designations and other paniculars of the Public Information Otﬁcers; such other information as may be prescribed; publish all relevant facts while formulating important policies or announcing the decisions which affect public; d) provide reasons for its administrative or quasi-judicial [PART 11— Right to information

SEC.1 THE GAZETTE OF INDIA E XTRAORDINARY

decisions to affected persons.

(2) It shall be a constant endeavour of every publi c authority to take steps in

accordance with the requirements of clause (b) of sub-section (/) to provide as much

information suo motu to the public at regular intervals through various means of

communications, including internet, so that the public have minimum resort to the use

ofthis Act to obtain information.

(3) For the purposes of sub-section (1), every inf ormation shall be disseminated

widely and in such form and manner which is easily a ccessible to the public.

(4) All materials shall be disseminated taking into consideration the cost

effectiveness, local language and the most effectiv e method of communication in that

local area and the information should be easily accessible, to the extent possible in

electronic format with the Central Public Inf ormation Officer or State Public

Information Officer, as the case may be, available free or at such cost of the medium

or the print cost price as may be prescribed.

Explanation—For the purposes of sub-sect ions (3) and (4), "disseminated" means

making known or communicated the information to the public through notice boards,

newspapers, public announcements, media broadca sts, the internet or any other means,

including inspection of offices of any public author ity.

5. (1) Every public authority shall, within on e hundred days of the enactment of

this Act, designate as many officers as the Central Pu blic Information Officers or State

Public Information Officers, as the case may b e, in all administrative units or offices

under it as may be necessary to provide informa tion to persons requesting for the

information under this Act.

(2) Without prejudice to the provisions of sub-sectio n (/), every public authority

shall designate an officer, within one hundred da ys of the enactment of this Act, at

each sub-divisional level or other sub-district l evel as a Central Assistant Public

Information Officer or a State Assistant Public Information Officer, as the case may

be, to receive the applications for information or ap peals under this Act for forwarding

the same forthwith to the Central Public Informat ion Officer or the State Public

Information Officer or senior officer specifi ed under sub-section (/) of section 19 or

the Central Information Commission or the Stat e Information Commission, as the case

may be:

Provided that where an application for information o r appeal is given to a Central

Assistant Public Information Officer or a State A ssistant Public Information Officer,

as the case may be, a period of five days shall be adde d in computing the period for

response specified under sub-section (/)of section 7.

(3) Every Central Public Information Officer or State Publ ic Information Officer,

as the case may be, shall deal with requests from pe rsons seeking information and

render reasonable assistance to the persons seeking such information.

(4) The Central Public Information Officer or State Public Information Officer,

as the case may be, may seek the assistance of any ot her 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 all assistance to the Central Public Informa tion Officer or State Public

Information Officer, as the case may be, seeking his or her assistance and for the

purposes of any contravention of the provisionsofth is Act, such other officer shall be

treated as a Central Public Information Officer or State Public Information Officer, as

the case may be.

Designation

of Public Information Officers.

SEC] THE GAZETTE OF INDIA EXTRAORDINARY decisions to affected persons. (2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements ofclause (b) of sub-section (I) to provide as much information suo mom to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use ofthis Act to obtain lnfonnation. (3) For the purposes of sub-section (I). every information shall be disseminated widely and in such form and manner which is easily accessible to the public. (4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may be. available free or at such cost of the medium or the print cost price as may be prescribed ExplanationgFor the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers. public announcements, media broadcasts, the internet or any other means. including inspection of ofﬁces of any public authority. 5. (I) Every public authority shall, within one hundred days of the enactment of this Act. designate as many oﬂicers as the Central Public Information Ofﬁcers or State Public Information Ofﬁcers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. (2) Without prejudice to the provisions of sub-section (I), every public authority shall designate an ofﬁcer. within one hundred days of the enactment ofthis Act. at each sub’divisional level or other sub-district level as a Central Assistant Public Information Ofﬁcer or a State Assistant Public Information Ofﬁcer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Ofﬁcer or the State Public Information Officer or senior officer speciﬁed under sub-section (1) of section l9 or the Central Information Commission or the State Information Commission, as the case may be: Provided that where an application for infonnation or appeal is given to a Central Assistant Public lnfonnation Ofﬁcer or a State Assistant Public Information Ofﬁcer. as the case may be, a period of ﬁve days shall be added in computing the period for response speciﬁed under sub-section (I) ofsection 7. (3) Every Central Public Information Ofﬁcer or State Public lnfonnation Ofﬁcer. as the case may be. shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information. (4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other ofﬁcer as he or she considers it necessary for the proper discharge of his or her duties (5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Ofﬁcer or State Public lnfomiation Officer, as the case may be. seeking his or her assistance and for the purposes of any contravention of the provisions ofthis Act, such other ofﬁcer shall be treated as a Central Public lnfonnation Ollicer or State Public lnfonnation Ofﬁcer, as the case may be. Designation of Public Information Ofﬁcers,

Disposal of request.

THE GAZETTER OF INDIA EXTRAORDINARY [ PART II—

6. (/) A person, who desires to obtain any information under this Act, shall make

a request in writing or through electronic means in English or Hindi or i n the official

languageofthe area in which the application is being made, accompanyi ng such fee as

may be prescribed, to—

(a) the Central Public Information Officer or State Publi c Information Officer,

as the case may be,ofthe concerned public authority:

(b) the Central Assistant Public Information Officer or Stat e Assistant Public

Information Officer, as the case may be,

specifying the particularsofthe information sought by him or her:

Provided that where such request cannot be made in writing, the Ce ntral Public

Information Officer or State Public Information Officer, a s the case may be, shall

render all reasonable assistance to the person making the request orally t o reduce the

same in writing.

(2) An applicant making request for information shall not be required to give a ny

reason for requesting the information or any other personal details except t hose that

may be necessary for contacting him.

(3) Where an application is made to a public authority requesting for an

information,—

7) which is held by another public authority; or

(ii) the subject matter of which is more closely connected with the

functionsofanother public authority,

the public authority, to which such application is made, shall transfer the a pplication

or such part of it as may be appropriate to that other public authority and inform the

applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall b e made

as soon as practicable but in no case later than five days from the date of receip t of the

application. 7. (1) Subject to the proviso to sub-section (2) of section 5 or the provi

so to sub-

section (3) of section 6, the Central Public Information Officer or State Public

Information Officer, as the case may be, on receipt of a request under section 6 shall,

as expeditiously as possible, and in any case within thirty days of the receipt of the

request, either provide the information on paymentof such fee as may be prescr ibed or

reject the request for anyofthe reasons specified in sections 8 and 9:

Provided that where the information sought for concerns the life or liberty ofa person,

the same shall be provided within forty-eight hoursofthe receipt of the request.

(2)Ifthe Central Public Information Officer or State Public Information Off icer,

as the case may be, fails to give decision on the request for information within the

period specified under sub-section (/), the Central Public Information Officer or Sta te

Public Information Officer, as the case may be, shall be deemed to have refuse d the

request.

(3) Where a decision is taken to provide the information on payment of any

further fee representing the cost of providing the information, the Central Public

Information Officer or State Public Information Officer, as the case may be, shall send

an intimation to the person making the request, giving—

(a) the details of further fees representing the cost of providing the

information as determined by him, together with the calculations made

Request for obtaining information.

6 THE GAZETTER OF INDIA EXTRAORDINARY [PART II— 6. (I) A person, who desires to obtain any information under this Act, shall make “(195$ for a request in writing or through electronic means in English or Hindi or in the ofﬁcial mtxxggm Disposal of request. language ofthe area in which the application is being made, accompanying such fee as may be prescribed, to— (a) the Central Public Information Ofﬁcer or State Public Information Oﬂicer. as the case may be, ofthe concerned public authority: (b) the Central Assistant Public Information Ofﬁcer or State Assistant Public Information Officer, as the case may be, specifying the particulars ofthe information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Otﬁcer 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 t'or information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. (3) Where an application is made to a public authority requesting for an informationr (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions ofanother public authority, the public authority, to which such application is made, shall transfer the application or such pan of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application 7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub- section (3) of section 6, the Central Public Information Oliicer or State Public Information Ofﬁcer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reiect the request for any ofthe reasons specified in sections 8 and 9: Provided that where the information sought for concerns the life or liberty ofa person, the same shall be provided within forty-eight hours of the receipt of the request. (2) Ifthe Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may be, fails to give decision on the request for infonnation within the period speciﬁed under sub-section (l). the Central Public Information Ofﬁcer or State Public Information Ofﬁcer. as the case may be, shall be deemed to have refused the request. (3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Ofﬁcer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving? (a) the details of further fees representing the cost of providing the information as determined by him. together with the calculations made

SEC.1 THE GAZE TTE OF INDIA EXTRAORDINARY

to arrive at the amount in accordance w ith fee prescribed under sub-

section (/), requesting him to depos it that fees, and the period

intervening between the despatchofth e said intimation and payment of

fees shall be excluded for the purpose of calculating the period of thirty

days referred to in that sub-section;

(b) information concerning his or her r ight with respect to review the

decision as to the amount of fees charge d or the form of access

provided, including the particularsof t he appellate authority, time limit,

process and any other forms.

(4) Where access to the record or a pa rt thereof is required to be provided u

nder

this Act and the person to whom acce ss is to be provided is sensorily disab

led, the

Central Public Information Officer or State Public Information Officer

, as the case

may be, shall provide assistance to e nable access to the information, incl

uding

providing such assistance as may be appro priate for the inspection.

(5) Where access to information is t o be provided in the printed or in an

electronic format, the applicant shall, subject to the provisions of sub-secti

on (6), pay

such fee as may be prescribed:

Provided that the fee prescribed unde r sub-section (/) of section 6 and sub

-sections (/)

and (5) of section 7 shall be reas onable and no such fee shall be c

harged from the

persons who are of below poverty line as may be determined by theappropria

Government.

(6) Notwithstanding anything contained in sub-section (5), the personmaking

request for the information shall be pro vided the information free of charge wh

ere a

public authority fails to comply with the ti me limits specified in sub-section (/).

(7) Before taking any decision und er sub-section (/), the Central Publ

Information Officer or State Public Informa tion Officer, as the case may be, shall take

into consideration the representation made by a third party under section 11.

(8) Where a request has been rejected under sub-section (/), the Central Publ

Information Officer or State Public In formation Officer, as the case may be,

shall

communicate to the person making the request,—

i) the reasons for such rejection;

(ii) the period within which an appeal against such rejection may be

preferred; and

(iii) the particularsofthe appellate au thority.

(9) An information shall ordinarily be provi ded in the form in which it is sought

unless it would disproportionately divert th e resourcesofthe public authority orwould

be detrimental to the safety or preservation oft he record in question.

8. (/) Notwithstanding anything cont ained in this Act, there shall be no ob

ligation to Exemain

give any citizen,— aeof

information.

(a) information, disclosure of which w ould prejudicially affect the sovereign

and integrity of India, the security, str ategic, scientific or economic interests

of the

State, relation with foreign State or lea d to incitementofan offence;

(b) information which has been expressly fo rbidden to be published by any court

of law or tribunal or the disclosure of which may constitute contempt of court;

SEC.I THE GAZETTE OF INDIA EXTRAORDINARY 7 to arrive at the amount in accordance with fee prescribed under sub- section (l), requesting him to deposit that fees, and the period intervening between the despatch ofthe said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section: (b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars ofthe appellate authority, time limit, process and any other forms. (4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Oﬁicer or State Public Information Oliicer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspections (5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed: Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (I) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. (m Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits speciﬁed in sub-section (1) (7) Before taking any decision under sub-section (1), the Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may be, shall take into consideration the representation made by a third party under section I l. (8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Ofﬁcer, as the case may be, shall communicate to the person making the request,— (i) the reasons for such rejection; (ii) the period within which an appeal against such rejection may be preferred; and (iii) the particulars ofthe appellate authority. (9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources ofthe public authority or would be detrimental to the safety or preservation ofthe record in question. 8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to Exemption give any citizen,— £305“ or information. (:2) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientiﬁc or economic interests of the State, relation with foreign State or lead to incitement of an offence; (b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure ofwhich may constitute contempt ofcourt;

8 THE GAZET TER OF INDIA EXTRAORDINARY

[PART II—

f privilege of

Parliament or the State Legislature;

(d) information including comme rcial confidence, trade secrets

orintellectual

property, the disclosure of which wou ld harm the competitive position ofa

third party,

unless the competent authority is satisfied that larger public interest

warrants the

disclosure of such information;

(e) information available to a person in his fiduciary relationship, unless

the

competent authority is satisfied th at the larger public interest warran

ts the disclosure

of such information;

(f) information received in confide nce from foreign Government;

(g) information, the disclosure of wh ich would endanger the life orphysi

cal

safety of any person or identify the source of information or assistance

given in

confidence for law enforcement or secur ity purposes;

(A) information which would im pede the process of investigation

apprehension or prosecution of offender s;

(i) cabinet papers including records of deliberations of the Council ofMiniste

rs,

Secretaries and other officers:

Provided that the decisions of Cou ncil of Ministers, the reasons the

reof, and the

material on the basis of which the deci sions were taken shall be made public

after the

decision has been taken, and the mat ter is complete, or over:

Provided further that those matters whi ch come under the exemptions specifie

in this section shall not bedisclosed;

(/) information which relates to persona l information the disclosure of which h

no relationship to any public activity or interest, or which would cause unwarra

nted

invasion of the privacy of the individua l unless the Central Public Information

Officer

or the State Public Information Officer or the appellate authority, as the case ma

ybe,

is satisfied that the larger public interest justifies the disclosure of such informat

ion:

Provided that the information which c annot be denied to the Parliament or

State Legislature shall not be denied to a ny person.

19of 1923. (2) Notwithstand ing anything in the Official Secrets Act

, 1923 nor any of the

exemptions permissible in accordance with sub-section (/), a public authority

may

allow access to information, if public inte rest in disclosure outweighs the harm to th

protected interests.

(3) Subject to the provisions of cl auses (a), (c) and (i) of sub-sectio

n (/), any

information relating to any occurrence , event or matter which has taken p

lace,

occurred or happened twenty years bef ore the date on which any request is m

ade

under secton 6 shall be provided to any p erson making a request under thatsection

Provided that where any question arises a s to the date from which the said period

of twenty years has to be computed, the decision of the Central Government shal

l be

final, subject to the usual appeals provid ed for in this Act.

8 THE GAZETTER OF INDIA EXTRAORDINARY [PART 11—— (6) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; (d) information including commercial conﬁdence, trade secrets or intellectual property. the disclosure of which would harm the competitive position ofa third party. unless the competent authority is satisﬁed that larger public interest warrants the disclosure of such information; (e) infonnation available to a person in his ﬁduciary relationship, unless the competent authority is satisﬁed that the larger public interest warrants the disclosure of such information; (f) information received in conﬁdence from foreign Government; (g) information. the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in conﬁdence for law enforcement or security purposes: (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other ofﬁcers: Provided that the decisions of Council of Ministers. the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken. and the matter is complete, or over: Provided further that those matters which come under the exemptions speciﬁed in this section shall not be disclosed; (j) infonnation which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Ofﬁcer or the State Public Information Ofﬁcer or the appellate authority, as the case may be, is satisﬁed that the larger public interest justiﬁes the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. 19"“923- (2) Notwithstanding anything in the Oliicial Secrets Act. I923 nor any of the exemptions permissible in accordance with sub-section (1). a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (3) Subject to the provisions of clauses (a). (c) and (i) of sub-section (1), any information relating to any occurrence. event or matter which has taken place. occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be ﬁnal. subject to the usual appeals provided for in this Act.

SEC.1

Grounds for rejection to access in certain cases.

Severability

Third party

information.

THE GAZETTE OF INDIA EXTRAORDINARY

9. Without prejudice to the provisions of section 8, a Central Public Information

Officer or a State Public Information Officer, as the case may be, may reject a request

for information where such a request for providing access w ould involve an

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

10. (1) Where a request for access to information is rejected on t he ground that it is in

relation to information which is exempt from disclos ure, then, notwithstanding

anything contained in this Act, access may be provided to that par t of the record which

does not contain any information which is exempt from disclosur e under this Act and

which can reasonably be severed from any part that contains exem pt information.

(2) Where access is granted to a part of the record und er sub-section (/), the

Central Public Information Officer or State Public Info rmation Officer, as the case

may be, shall give a notice to the applicant, informing—

(a) that only part of the record requested, after sever ance of the

record containing information which is exempt from disclosure, is being

provided;

(b) the reasons for the decision, including any findi ngs on any

material question of fact, referring to the material on which those

findings were based;

(d) the details of the fees calculated by him or her and the amou nt

of fee which the applicant is required to deposit; and

(e) his or her rights with respect to review of the decision

regarding non-disclosure of part of the information, the amount of fee

charged or the form of access provided, including the particulars of the

senior officer specified under sub-section (/) of section 19 or the

Central Information Commission or the State Information Commissio n,

as the case may be, time limit, process and any other formofacces s.

11. (J) Where a Central Public Information Officer or a State Public Information

Officer, as the case may be, intends to disclose any information or record, or part

thereof on a request made under this Act, which relates to or has b een supplied by a

third party and has been treated as confidential by that third party, the Ce ntral Public

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

within five days from the receipt of the request, give a written notice t o such third

party of the request and of the fact that the Central Public Information Off icer or State

Public Information Officer, as the case may be, intends to di sclose 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 submis sion of

the third party shall be kept in view while taking a decision about d isclosure of

information:

Provided that except in the case of trade or commercial secrets protected by law,

disclosure may be allowedifthe public interest in disclosure outweighs in im portance

any possible harm or injury to the interests of such third party.

(2) Where a notice is served by the Central Public Information Offic er or State

Public Information Officer, as the case may be, under sub-section (/ ) to a third party

in respect of any information or record or part thereof, the third party shall, w ithin ten

days from the date of receipt of such notice, be given the opportunity to make

representation against the proposed disclosure.

(3) Notwithstanding anything contained in section 7, the Central Publ ic

Information Officer or State Public Information Officer, as th e case may be, shall,

within forty days after receipt of the request under section 6, if the third party has been

given an opportunity to make representation under sub-section (2), make a decision as

to whether or not to disclose the information or record or part thereof and give in

SEC.I Grounds for rejection to access In certain cases Severabiltty Third party information. THE GAZETTE OF INDIA EXTRAORDINARY 9. Without prejudice to the provisions of section 8. a Central Public Information Officer or a State Public Information Officer, as the case may be. may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State. I0. (I) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then. notwithstanding anything contained in this Act, access may be provided to that part ofthe record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. (2) Where access is granted to a part of the record under sub-section (I), the Central Public Information Officer or State Public Information Officer, as the case may he. shall give a notice to the applicant. informing— (a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided: (b) the reasons for the decision. including any findings on any material question of fact. referring to the material on which those ﬁndings were based; (6) the name and designation of the person giving the decision; (d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and (6) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided. including the particulars of the senior officer specified under sub-section (1) of section I9 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form ofaccess. I I. (I) Where a Central Public Information Ofﬁcer or a State Public Information Ofﬁcer, as the 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 a third party and has been treated as confidential by that third party. the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within ﬁve days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer. as the case may he, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally. regarding whether the information should be disclosed. and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law. disclosure may be allowed ifthe public interest in disclosure outweighs in importance any possible harm or injury to the interests ofsuch third party. (2) Where a notice is served by the Central Public Information Oﬁicer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof. the third party shall. within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. (3) Notwithstanding anything contained in section 7. the Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may he, shall, within forty days after receipt of the request under section 6, ifthe third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in

THE GAZETTER OF INDIA EXTRAORDINARY [PART II—

writing the noticeofhis decision to the third party.

(4) A notice given under sub-section (3) shall include a statement that the third

party to whom the notice is given is entitled to prefer an appeal under section 19

against the decision.

CHAPTER III

The Central Information Commission

12. (/) The Central Government shall, by notification in the Official Gazette,

constitute a body to be known as the Central Information Commission to exercise the

powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The Central Information Commission shall consist of—

(a) the ChiefInformation Commissioner; and

(b) such number of Central Information Commissioners, not exceeding ten,

as may be deemed necessary.

(3) TheChief Information Commissioner and Information Commissionersshall

be appointed by the President on the recommendation ofa committee consisting of—

(i) the Prime Minister, who shall be the Chairpersonofthe 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, it is hereby declared that where

the Leader of Opposition in the House of the People has not been recognised as such,

the Leader of the single largest group in opposition of the Government in the House of

the People shall be deemed to be the Leader ofOpposition.

(4) The general superintendence, direction and management of the affairs of the

Central Information Commission shall vest in the Chief Information Commissioner

who shall be assisted by the Information Commissioners and may exercise all such

powers and do all such acts and things which may be exercised or done by the Central

Information Commission autonomously without being subjected to directions by any

* other authority under this Act.

(5) The Chief Information Commissioner and Information Commissioners shall

be persons of eminence in public life with wide knowledge and experience in law,

science and technology, social service, management, journalism, mass media or

administration and governance.

(6) The Chief Information Commissioner or an Information Commissioner shall

not be a Member of Parliament or Member of the Legislature of any State or Union

territory, as the case may be, or hold any other office of profit or connected with any

political party or carrying on any business or pursuing any profession.

(7) The headquarters of the Central Information Commission shall be at Delhi

and the Central Information Commission may, with the previous approval of the

Central Government, establish offices at other places in India.

Constitution of Central Information Commission

THE GAZETTER OF INDIA EXTRAORDINARY [PART II— writing the notice ofhis decision to the third party. (4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section l9 against the decision. CHAPTER III The Central Information Commission 12. (I) The Central Government shall, by notification in the Ofﬁcial Gazette. constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The Central Information Commission shall consist of— (a) the Chieflnformation Commissioner: and (b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. (3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation ofa committee consisting of; (i) the Prime Minister, who shall be the Chairperson ofthe committee; (ii) the Leader ofOpposition in the Lok Sabha: and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. ExplanationvFor the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition ofthe Government in the House of the People shall be deemed to be the Leader ofOpposition. (4) The general superintendence. direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any ' other authority under this Act. (5) The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology. social service, management, journalism. mass media or administration and governance. (6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political pany or carrying on any business or pursuing any profession. (7) The headquarters of the Central Information Commission shall be at Delhi and the Central Infonnation Commission may. with the previous approval of the Central Government. establish ofﬁces at other places in India. Constitution of Central Information Commission

SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 11

13. (/) The Chief Information Commissioner shall hold office for a term of five years Term of

from the date on which he enters upon his office and shall not be eligible for atesand

reappointment: of service.

Provided that no Chief Information Commissioner shall hold office as such after

he has attained the age of sixty-five years.

(2) Every Information Commissioner shall hold office for a term of five years from

the date on which he enters upon his office or till he attains the age of sixty-five year s,

whichever is earlier, and shall not be eligible for reappointment as such Information

Commissioner:

Provided that every Information Commissioner shall, on vacating his office under this

sub-section be eligible for appointment as the Chief Information Commissioner in the

manner specified in sub-section (3) of section 12:

Provided further that where the Information Commissioner is appointed as the Chief

Information Commissioner, his term of office shall not be more than five yea rs in

aggregate as the Information Commissioner and theChiefInformation Commissioner.

(3) The Chief Information Commissioner or an Information Commissioner shall

before he enters upon his office make and subscribe before the President or some other

person appointed by him in that behalf, an oath or affirmation according to the form set out

for the purpose in the First Schedule.

(4) The Chief Information Commissioner or an Information Commissioner may, at

any time, by writing under his hand addressed to the President, resign from his office:

Provided that the Chief Information Commissioner or an Information Commissioner

may be removed in the manner specified under section 14.

(5) The salaries and allowances payable to and other terms and conditions of service

of—

(a) the Chief Information Commissioner shall be the same as that of the Chief

Election Commissioner;

(b) an Information Commissioner shall be the same as that of an Election

Commissioner:

Provided that if the Chief Information Commissioner or an Information

Commissioner, at the time of his appointment is, in receipt of a pension, other than a

disability or wound pension, in respect of any previous service under the Government of

India or under the Governmentofa State, his salary in respect of the service as the Chief

Information Commissioner or an Information Commissioner shall be reduced by the

amountofthat pension including any portion of pension which was commuted and pension

equivalent of other forms of retirement benefits excluding pension equivalent of retirement

gratuity:

Provided further that if the Chief Information Commissioner or an Information

Commissioner if, at the time of his appointment is, in receipt of retirement benefits in

respect of any previous service rendered in a Corporation established by or under any

Central Act or State Act or a Government company owned or controlled by theCen tral

Government or the State Government, his salary in respect of the service as the Chief

Information Commissioner or an Information Commissioner shall be reduced by the

amount of pension equivalent to the retirement benefits:

Provided also that the salaries, allowances and other conditions of serviceoftheChief

Information Commissioner and the Information Commissioners shall not be varied to their

SEC.I THE GAZETTE OF INDIA EXTRAORDINARY I I IS. (I) The Chief Information Commissioner shall hold ofﬁce for a term of ﬁve years Ten“ 0" from the date on which he enters upon his office and shall not be eligible for 232:3: reappointment: “service Provided that no Chief Information Commissioner shall hold oIﬁce as such after he has attained the age of sixty-ﬁve years. (2) Every Information Commissioner shall hold ofﬁce for a term of ﬁve years from the date on which he enters upon his office or till he attains the age of sixty-ﬁve years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner: Provided that every Information Commissioner shall, on vacating his ofﬁce under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner speciﬁed in sub-section (3) of section I2: Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of ofﬁce shall not be more than ﬁve years in aggregate as the Information Commissioner and the Chieflnformation Commissioner. (3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his ofﬁce make and subscribe before the President or some other person appointed by him in that behalf, an oath or afﬁn'nation according to the fonn set out for the purpose in the First Schedule. (4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his ofﬁce: Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14. (5) The salaries and allowances payable to and other terms and conditions of service of? (a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner; (17) an Information Commissioner shall be the same as that of an Election Commissioner: Provided that if the Chief lnfonnation Commissioner or an Infonnation Commissioner. at the time of his appointment is, in receipt of a pension. other than a disability or wound pension. in respect of any previous service under the Government of India or under the Government of a State, his salary in respect ofthe service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount ofthat pension including any portion ofpcnsion which was commuted and pension equivalent of other forms ofretirement beneﬁts excluding pension equivalent of retirement gratuity: Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement beneﬁts in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government. his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement beneﬁts: Provided also that the salaries. allowances and other conditions of service ofthe Chief Information Commissioner and the Information Commissioners shall not be varied to their

12 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—

disadvantage after their appointment.

(6) The Central Government shall provide the Chief Information Commissioner and

the Information Commissioners with such officers and employees as may be ne cessaryfor

the efficient performanceoftheir functions under this Act, and the salaries and allowances

payable to and the terms and conditions of service of the officers and other em ployees

appointed for the purpose of this Act shall be such as may be prescribed.

14. (J) Subject to the provisions of sub-section (3), the Chief Infor mation

Commissioner or any Information Commissioner shall be removed from h is office only by

order of the President on the ground of proved misbehaviour or incapacity af ter the

Supreme Court, on a reference made to it by the President, has, on inq uiry, reported that the

Chief Information Commissioner or any Information Commissioner, as t he case may be,

ought on such ground be removed.

(2) The President may suspend from office, and if deem necessary prohibit als o from

attending the office during inquiry, the Chief Information Commissioner o r Information

Commissioner in respect of whom areference has been made to the Supreme Court under

sub-section (/) until the President has passed orders on receiptofthe reportofthe S upreme

Court on such reference.

(3) Notwithstanding anything contained in sub-section (/), the President may b y order

remove from office the Chief Information Commissioner or any Information Commis sioner

if the Chief Information Commissioner or a Information Commissioner, as the case may

be,— .

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the President, involves

moral turpitude; or

his office; or

(a) is, in the opinion of the President, unfit to continue in office by reason of

infirmity of mind or body; or

(e) has acquired such financial or other interest as is likely to affect prejudicially his

functions as the Chief Information Commissioner or a Information

Commissioner.

(4) If the Chief Information Commissioner or a Information Commissioner in any

way, concerned or interested in any contract or agreement made by or on behalf of t he

Government of India or participates in any way in the profit thereof or in anybenefi t

or emolument arising therefrom otherwise than as a member and in common with the

other members of an incorporated company, he shall, for the purposes of sub-section

(1), be deemed to be guilty of misbehaviour.

CHAPTER IV

The State Information Commission

15. (/) Every State Government shall, by notification in the Official Gazette,

constitute a body to be known as the ......... (name of the State) Infor mation Commission to

exercise the powers conferred on, and to perform the functions assigned to , it under this

Act.

(2) The State Information Commission shall consist of—

(a) the State Chief Information Commissioner, and

(b) such number of State Information Commissioners, not exceedin g ten, as

may be deemed necessary.

Removalof Chief Information Commissioner or Information Commissioner.

Constitution of State Information

Commission.

12 THE GAZETTER OF INDIA EXTRAORDINARY [PART II— disadvantage after their appointment. (6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance oftheir functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed. I4. (I) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his otiice only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed. (2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt ofthe report of the Supreme Court on such reference. (3) Notwithstanding anything contained in sub-section (1), the President may by order remove from oﬂice the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,— ' (a) is adjudged an insolvent; or (b) has been convicted of an offence which. in the opinion of the President, involves moral turpitude; or (c) engages during his term of' office in any paid employment outside the duties of his ofﬁce; or (d) is, in the opinion of the President, unfit to continue in office by reason of infirmity ofmind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner. (4) If the Chief Information Commissioner or a Infonnation Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the proﬁt thereof or in any beneﬁt or cmolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty ofmisbehaviour. CHAPTER IV The State Information Commission IS. (I) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The State Information Commission shall consist of— (a) the State Chief Information Commissioner, and (1)) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary. Removalof Chief Information Commissioner or Information Commissioner Constitution of State Information Commission.

SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 13

Term of office and conditions ofservice.

(3) The State Chief Information Commissioner and the State Information

Commissioners shall be appointed by the Governor on the recommendation ofacommittee consisting of—

(i) the Chief Minister, who shall be the Chairpersonof the committee;

(ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister

Explanation.—For the purposes of removalofdoubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

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

(5) The State Chief Information Commissioner and the State Information

Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

(6) The State Chief Information Commissioner or a State Information Commissioner

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

(7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.

16. (/) The State Chief Information Commissioner shall hold office for a term of five

years from the date on which he enters upon his office and shall not be eligible for reappointment:

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

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

Provided that every State Information Commissioner shall, on vacating his office

under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:

Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his termofoffice shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.

(3) The State Chief Information Commissioner or a State Information Commissioner,

SEC.I THE GAZETTE OF INDIA EXTRAORDINARY l3 Term of ofﬁce and conditions ofservice, (3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation ofa committee consisting of— (i) the Chief Minister, who shall be the Chairperson ofthe committee; (ii) the Leader ofOpposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister Explanation—For the purposes of removal ofdoubts. it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader ofOpposition. (4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chieflnfonnation Commissioner who shall he assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act. (5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political pany or carrying on any business or pursuing any profession (7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may. by notiﬁcation in the Ofﬁcial Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish ofﬁces at other places in the State. 16. (I) The State Chief Information Commissioner shall hold ofﬁce for a term of five years from the date on which he enters upon his ofﬁce and shall not be eIigible for reappointment: Provided that no State Chief Information Commissioner shall hold ofﬁce as such after he has attained the age of sixty-ﬁve years (2) Every State Infonnation Commissioner shall hold office for a term of ﬁve years from the date on which he enters upon his office or till he attains the age of sixty-live years. whichever is earlier, and shall not be eligible for reappointment as such State Infonnation Commissioner: Provided that every State Information Commissioner shall, on vacating his ofﬁce under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) ofsection [5: Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner. his term ofoffice shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner, (3) The State Chieflnformation Commissioner or a State Information Commissioner,

THE GAZETTER OF INDIA EXTRAORDINARY [PART II—

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

(4) The State Chief Information Commissioner or a State Information Commissioner

may, at any time, by writing under his hand addressed to the Governor, resign from his office:

Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.

(5) The salaries and allowances payable to and other terms and conditions of service

of—

(a) the State Chief Information Commissioner shall be the same as thatof an Election Commissioner;

(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:

Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State

Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:

Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the

State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:

Provided also that the salaries, allowances and other conditions of service ofthe State

Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.

(6) The State Government shall provide the State Chief Information Commissioner and

the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purposeofthis Act shall be such as may be prescribed.

17. (/) Subject to the provisions of sub-section (3), the State Chief Information

Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case

may be, ought on such ground be removed.

(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (/) until the Governor has passed orders on receipt ofthe report of

Removal of State Chief Information Commissioner or State Information Commissioner

THE GAZETTER OF INDIA EXTRAORDINARY [PART II— shaII before he enters upon his office make and subscribe before the Govemor or some other person appointed by him in that behalf. an oath or aﬁirmation according to the form set out for the purpose in the First Schedule. (4) The State Chief lnfonnation Commissioner or a State Information Commissioner may. at any time, by writing under his hand addressed to the Governor, resign from his office: Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section I7. (5) The salaries and allowances payable to and other terms and conditions of service of— (a) the State Chief Information Commissioner shall be the same as that ofan Election Commissioner; (b) the State Information Commissioner shall be the same as that ofthe Chief Secretary to the State Government: Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity: Provided further that where the State Chief Infonnation Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement beneﬁts in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits: Provided also that the salaries, allowances and other conditions of service ofthe State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment. (6) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose ofthis Act shall be such as may be prescribed. I7. (1) Subject to the provisions of sub-section (3), the State Chief lnfomiation Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Govemor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be. ought on such ground be removed. (2) The Govemor 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 ofthe report of Removal of State Chieflnformalion Commissioner or State Information Commissioner

SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 15

the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (/), the Govern or may by

order remove from office the State Chief Information Commissioner or a State Information

Commissioner if a State Chief Information Commissioner or a State Information

Commissioner, as the case may be,—

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Governor,

involves moral turpitude; or

- (c) engages during his term of office in any paid employment outside the duties

ofhis office; or

(d) is, in the opinion of the Governor, unfit to continue in office by reason of

infirmity of mind or body; or

(e) has acquired such financial or other interest as is likely to affect prejudicially

his functions as the State Chief Information Commissioner or a State

Information Commissioner.

(4) Ifthe State ChiefInformation Commissioner or a State Information Commissioner

in any way, concerned or interested in any contract or agreement made by or onbeh alf of

the Government of the State or participates in any way in the profit thereof or in any

benefit or emoluments arising therefrom otherwise than as a member and in commonwith

the other members of an incorporated company, he shall, for the purposes of sub-section

(J), be deemed to be guilty of misbehaviour.

Powers and CHAPTER V functions of Information

Commissions. Powers and functions of the Information Commissions, appeal and penalties

18. (/) Subject to the provisions of this Act, it shall be the duty of the C entral

Information Commission or State Information Commission, as the case may be, tor eceive

and inquire into a complaint from any person,—

(a) who has been unable to submit a request to a Central Public Information Officer

or State Public Information Officer, as the case may be, either by reason tha t no

such officer has been appointed under this Act, or because the Central Assistant

Public Information Officer or State Assistant Public Information Officer, as the

case may be, has refused to accept his or her application for information or

appeal under this Act for forwarding the same to the Central Public Information

Officer or State Public Information Officer or senior officer specified in sub-

section (/) of section 19 or the Central Information Commission or the State

Information Commission, as the case may be:

(b) who has been refused access to any information requested under this Act;

information within the time limit specified under this Act;

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

unreasonable;

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

information under this Act; and

(fin respectofany other matter relating to requesting or obtaining access to records

under this Act.

(2) Where the Central Information Commission or State Information Commission, as

the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it

may initiate an inquiry in respect thereof.

SEC.l THE GAZETTE OF INDIA EXTRAORDINARY 15 the Supreme Court on such reference. (3) Notwithstanding anything contained in sub-section (1). the Governor may by order remove from ofﬁce the State Chieflnformation Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,— (a) is adjudged an insolvent: or (b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or — (c) engages during his term of ofﬁce in any paid employment outside the duties ofhis office; or (d) is, in the opinion of the Governor, unﬁt to continue in ofﬁce by reason of inﬁrmity ofmind or body: or (e) has acquired such ﬁnancial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner. (4) lfthe State Chieflnforrnation Commissioner or a State Information Commissioner in any way. concerned or interested in any contract or agreement made by or on behalfof the Government of the State or participates in any way in the proﬁt thereof or in any beneﬁt or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of subsection (I). be deemed to be guilty ofmisbehaviour. Powers and CHAPTER V functions of Information Commissions Powers and functions of the Information Commissions, appeal and penalties 18. (1) Subject to the provisions of this Act. it shall be the duty of the Central Information Commission or State Information Commission, as the case may be. to receive and inquire into a complaint from any person,— (a) who has been unable to submit a request to a Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may be, either by reason that no such ofﬁcer has been appointed under this Act, or because the Central Assistant Public Information Ofﬁcer or State Assistant Public Information Ofﬁcer, as the case may be, has refused to accept his or her application for infomiation or appeal under this Act for forwarding the same to the Central Public Infomtation Ofﬁcer or State Public Information Ofﬁcer or senior ofﬁcer speciﬁed in sub- section (I) of section I9 or the Central Information Commission or the State Information Commission, as the case may be; ([7) who has been refused access to any information requested under this Act; (6) who has not been given a response to a request for information or access to information within the time limit speciﬁed under this Act; (d) who has been required to pay an amount of fee which he or she considers unreasonable; (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and 0) in respect ofany other matter relating to requesting or obtaining access to records under this Act. (2) Where the Central Infonnation Commission or State Information Commission, as the case may be, is satisﬁed that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.

Appeal

THE GAZETTER OF INDIA EXTRAORDINARY [PART II—

(3) The Central Information Commission or State Information Commissio n, as the

case may be, shall, while inquiring into any matter under this section, have t he same

powers as are vested in a civil court while trying a suit under the CodeofCiv il Procedure,

1908, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of persons and compe l them to give

oral or written evidence on oath and to produce the documents orthings ;

(b) requiring the discovery and inspection of documents;

(@) requisitioning any public record or copies thereof from any court oroffice;

(e) issuing summons for examinationof witnesses or documents; and

(any other matter which may be prescribed.

(4) Notwithstanding anything inconsistent contained in any other Act of Parlia ment or State

Legislature, as the case may be, the Central Information Commission o r the State

Information Commission, as the case may be, may, during the inquiry of any comp laint

under this Act, examine any record to which this Act applies which is under th e control of

the public authority, and no such record may be withheld from it on any grounds.

19. (/) Any person who, does not receive a decision within the time s pecified in sub-

section (/) or clause (a) of sub-section (3) of section 7, or is aggrieve d by a decisionofthe

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

may within thirty days from the expiry of such period or from the receipt of su ch a decision

prefer an appeal to such officer who is senior in rank to the Central Publi c Information

Officer or State Public Information Officer as the case may be, in each publ ic authority:

Provided that such officer may admit the appeal after the expiryofthe periodof thirty

days if he or she is satisfied that the appellant was prevented by sufficient cau se from filing

the appeal in time.

(2) Where an appeal is preferred against an order made by a Central Public

Information Officer or a State Public Information Officer, as the case may be, under section

11 to disclose third party information, the appeal by the concerned third party shall be

made within thirty days from the dateofthe order.

(3) A second appeal against the decision under sub-section (/) shall lie within ninety

days from the date on which the decision should have been made or was actually received,

with the Central Information Commission or the State Information Commission:

Provided that the Central Information Commission or the Sta te Information

Commission, as the case may be, may admit the appeal after the expiry of the period of

ninety days if it is satisfied that the appellant was prevented by sufficient cau se from filing

the appeal in time.

(4) If the decision of the Central Public Information Officer or S tate Public

Information Officer, as the case may be, against which an appeal is preferred relates to

information of a third party, the Central Information Commission or State Information

Commission, as the case may be, shall give a reasonable opportunity of being heard to that

third party.

(5) In any appeal proceedings, the onus to prove that a denial of a reque st was

justified shall be on the Central Public Information Officer or State Public Information

Officer, as the case may be, who denied the request.

(6) An appeal under sub-section (/) or sub-section (2) shall be dis posed of within

thirty days of the receipt of the appeal or within such extended period not exc eedinga total

of forty-five days from the date of filing thereof, as the case may be, for reasons to be

5 of 1908

I6 Appeal THE GAZETTER OF INDIA EXTRAORDINARY [PART II— (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 ofCiviI Procedure, I908, in respect of the following matters. namely; (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; ([7) requiring the discovery and inspection ot‘documents; (c) receiving evidence on afﬁdavit; (d) requisitioning any public record or copies thereoffrom any court or ofﬁce; (2) issuing summons for examination ofwitnesses or documents: and (/9 any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature. as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds. l9. (1) Any person who, does not receive a decision within the time speciﬁed in sub- section (I) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision ofthe Central Public Information Ofﬁcer or State Public Information Officer. as the case may be, may within thirty days from the expiry ofsuch period or from the receipt of such a decision prefer an appeal to such ofﬁcer who is senior in rank to the Central Public Information Ofﬁcer or State Public Information Ofﬁcer as the case may be, in each public authority: Provided that such officer may admit the appeal alter the expiry ofthe period ofthirty days if he or she is satisfied that the appellant was prevented by sufﬁcient cause from ﬁling the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public Information Ofﬁcer or a State Public Information Ofﬁcer, as the case may be, under section II to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date ofthe order. (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisﬁed that the appellant was prevented by sufﬁcient cause from ﬁling the appeal in time. (4) If the decision of the Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may be, against which an appeal is preferred relates to information of a third party. the Central Information Commission or State Information Commission, as the one may he, shall give a reasonable opportunity of being heard to that third party. (5) In any appeal proceedings. the onus to prove that a denial of a request was justiﬁed shall be on the Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may be, who denied the request. (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-ﬁve days from the date of ﬁling thereof, as the case may be, for reasons to be Sofl908

SEC.1

Penalties

THE GAZETTE OF INDIA EXTRAORDINARY

recorded in writing.

(7) The decision of the Central Information Commission or State Information

Commission, as the case may be, shall be binding.

(8) In its decision, the Central Information Commission or State I nformation

Commission, as the case may be, has the power to—

(a) require the public authority to take any such steps as may be necessary to secure

compliance with the provisionsofthis Act, including—

(i) by providing access to information, if so requested, in a particular form;

(ii) by appointing a Central Public Information Officer or State Public

Information Officer, as the case may be;

(iii) by publishing certain information or categories of information;

(iv) by making necessary changes to its practices in relation to the maintenance,

management and destruction of records;

(v) by enhancing the provision of training on the right to information for its

officials;

(vi) by providing it with an annual report in compliance with clause (b) of sub-

section (/) of section 4;

(b) require the public authority to compensate the complainant for any loss or other

detriment suffered;

(d) reject the application.

(9) The Central Information Commission or State Information Commission, as the

case may be, shall give notice of its decision, including any right of appeal, to the

complainant and the public authority.

(10) The Central Information Commission or State Information Commission, as the

case may be, shall decide the appeal in accordance with such procedure as may be

prescribed.

20. (/) Where the Central Information Commission or the State Information

Commission, as the case may be, at the time of deciding any complaint or appeal is of the

opinion that the Central Public Information Officer or the State Public Information Officer,

as the case may be, has, without any reasonable cause, refused to receive an application for

information or has not furnished information within the time specified under sub-section

(/) of section 7 or malafidely denied the request for information or knowingly given

incorrect, incomplete or misleading information or destroyed information which was the

subject of the request or obstructed in any manner in furnishing the information, it shall

impose a penalty of two hundred and fifty rupees each day till application is received or

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

twenty-five thousand rupees:

Provided that the Central Public Information Officer or the State Public Information

Officer, as the case may be, shall be given a reasonable opportunity of being heard before

any penalty is imposed on him:

Provided further that the burden of proving that he acted reasonably and diligently

shall be on the Central Public Information Officer or the State Public Information Officer,

as the case may be.

(2) Where the Central Information Commission or the State Information Commission,

as the case may be, at the time of deciding any complaint or appeal is of the opinion that

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

SEC.I THE GAZETTE OF INDIA EXTRAORDINARY I7 Penalties recorded in writing. (7) The decision of the Central lnfonnation Commission or State Information Commission, as the case may be, shall be binding. (8) In its decision, the Central Information Commission or State Information Commission. as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions ofthis Act. includingi (i) by providing access to information, if so requested, in a particular form: (ii) by appointing a Central Public Information Ofﬁcer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause ([7) of sub- section (I) ofsection 4; (b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c) impose any ofthe penalties provided under this Act; (d) reject the application. (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. (/0) The Central Information Commission or State Intbnnation Commission, as the case may he, shall decide the appeal in accordance with such procedure as may be prescribed. 20. (I) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Ofﬁcer or the State Public Information Ofﬁcer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time speciﬁed under sub-section (I) of section 7 or malaﬁdely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in fumishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is fumished, so however. the total amount of such penalty shall not exceed twenty-live thousand rupees: Provided that the Central Public Information Ofﬁcer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Infonnation Oﬂicer, as the case may be. (2) Where the Central Information Commission or the State Information Commission, as the case may be. at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case

18 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—

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 (/) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.

CHAPTER VI

Miscellaneous

Protection of 21. No suit, prosecution or other legal proceeding shall lie against any person for ec sere anything which is in good faith done or intended to be done under this Act or any rule good faith.

made thereunder.

Act to have 22. The provisionsofthis Act shall have effect notwithstanding anything inconsistent ovenaine therewith contained in the Official Secrets Act, 1923, and any other law for the time being

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

Bar of 23. No court shall entertain any suit, application or other proceeding in respect of any Jurisdiction oF order made under this Act and no such order shall be called in question otherwise than by rt : a wayofan appeal under this Act.

Act not to 24. (/) Nothing contained in this Act shall apply to the intelligence and security ae organisations specified in the Second Schedule, being organisations established by the

organisations Central Government or any information furnished by such organisations to that Government:

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

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or,

as the case may be, omitted from the Schedule.

(3) Every notification issued under sub-section (2) shall be laid before each House of

Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

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

18 THE GAZETTER OF INDIA EXTRAORDINARY [PART Il— 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 (I) of section 7 or malaﬁdely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject ofthe request or obstructed in any manner in fumishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Ofﬁcer, as the case may be, under the service rules applicable to him. CHAPTER Vl Miscellaneous Pr9|m|0n 0f 21. No suit, prosecution or other legal proceeding shall lie against any person for ”02:13:“ '" anything which is in good faith done or intended to be done under this Act or any rule g ' made thereunder. AM“? have 22. The provisions ofthis Act shall have effect notwithstanding anything inconsistent 22:2‘1‘“ therewith contained in the Ofﬁcial Secrets Act, 1923. and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Actt 33'“ 23. No court shall entertain any suit, application or other proceeding in respect ofany Juﬂs‘llc‘lc‘" °l order made under this Act and no such order shall be called in question otherwise than by n . mu 5 way ofan appeal under this Act. Act "0| ‘0 24. (I) Nothing contained in this Act shall apply to the intelligence and security 2532;“ organisations speciﬁed in the Second Schedule, being organisations established by the organisations Central Government or any information furnished by such organisations to that Govemment: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission. and notwithstanding anything contained in section 7, such information shall be provided within forty-ﬁve days from the date of the receipt of request. (2) The Central Government may. by notiﬁcation in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already speciﬁed therein and on the publication of such notiﬁcation, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule. (3) Every notiﬁcation issued under sub-section (2) shall be laid before each House of Parliament. (4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may. from time to time, by notiﬁcation in the Ofﬁcial Gazette, specify: Provided that the information pertaining to the allegations of con'uption and human rights violations shall not be excluded under this sub-section:

SEC.1

Appropriate Government to prepare programmes

THE GAZETTE OF INDIA EXTRAORDINARY

Provided further that in the case of information sought for is in respect of allegations

of violation of human rights, the information shall only be prov ided after the approval of

the State Information Commission and, notwithstanding anythi ng contained in section 7,

such information shall be provided within forty-five days from the date of the receipt of

request.

(5) Every notification issued under sub-section (4) shal l be laid before the State

Legislature.

25. (/) The Central Information Commission or State I nformation Commission, asthe

case may be, shall, as soon as practicable after the end of each year, p repare a report on the

implementation of the provisions of this Act during that year and for ward a copy thereof to

the appropriate Government.

(2) Each Ministry or Department shall, in relation to the public au thorities within their

jurisdiction, collect and provide such information to the Central Information Commission

or State Information Commission, as the case may be, as is req uired to prepare the report

under this section and comply with the requirements concerning the furnishing of that

information and keeping of records for the purposesofthis section.

(3) Each report shall state in respectofthe year to which the repor t relates,—

(a) the number of requests made to each public authorit y;

(b) the number of decisions where applicants were not entitled to access to the

documents pursuant to the requests, the provisions of this Act unde r which

these decisions were made and the number of times such pro visions were

invoked;

State Information Commission, as the case may be, for revie w, the nature of

the appeals and the outcome of the appeals;

(d) particulars of any disciplinary action taken against any officer in respect of

the administrationofthis Act;

(e) the amountofcharges collected by each public authority under this Ac t;

() any facts which indicate an effort by the public authorities to admini ster and

implement the spirit and intentionofthis Act:

(g) recommendations for reform, including recommendations in r espect of the

particular public authorities, for the development, impro vement,

modernisation, reform or amendment to this Act or other legislation or

common law or any other matter relevant for operationalising the right to

access information.

(4) The Central Government or the State Government, as the ca se may be, may, as

soon as practicable after the end of each year, cause a copy of the repor t of the Central

Information Commission or the State Information Commi ssion, as the case may be,

referred to in sub-section (/) to be laid before each House of Par liament or, as the case may

be, before each House of the State Legislature, where there ar e two Houses, and where

there is one Houseofthe State Legislature before that House.

(5) If it appears to the Central Information Commission or State Infor mation

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 prov isions or spirit of

this Act, it may give to the authority a recommendation specifying t he steps which ought in

its opinion to be taken for promoting such conformity.

26. (/) The appropriate Government may, to the extent of availability of financial and

other resources,—

(a) develop and organise educational programmes to advance the understandi ng

of the public, in particular of disadvantaged communities as to how to exercise

the rights contemplated under this Act;

Monitoring and Reporting

SEC] Appropriate Government to prepare program mes THE GAZETTE OF INDIA EXTRAORDINARY Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and. notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (5) Every notiﬁcation issued under sub-section (4) shall be laid before the State Legislature. 25. (I) The Central Information Commission or State Information Commission, as the case may he. shall. as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government. (2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such infon'nation to the Central Information Commission or State lnlbnnation Commission, as the case may be. as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes ofthis section. (3) Each report shall state in respect ofthe year to which the report relates,— {a} the number of requests made to each public authority; (11) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked; (c) the number of appeals referred to the Central Infon'nation Commission or State Information Commission, as the case may be, for review. the nature of the appeals and the outcome of the appeals: (d) particulars of any disciplinary action taken against any officer in respect of the administration ofthis Act; (e) the amount ofcharges collected by each public authority under this Act; (ﬂ any facts which indicate an effort by the public authorities to administer and implement the spirit and intention ofthis Act: (g) recommendations for reform. including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information. (4) The Central Government or the State Government, as the case may be. may, as soon as practicable after the end of each year. cause a copy of the report of the Central lnforrnation 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 ofthe State Legislature before that House. (5) If it appears to the Central Infon'nation Commission or State Information Commission. as the case may he, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity. 26. (I) The appropriate Government may, to the extent ofavailability of ﬁnancial and other resources,# (:1) develop and organise educational programmes to advance the understanding of the public, in particular ofdisadvantaged communities as to how to exercise the rights contemplated under this Act; Monitoring and Reporting

THE GAZETTER OF INDIA EXTR AORDINARY [PART

II—

(b) encourage public authorities to participate in the developmen

t and

organisation of programmes referred to in clause (a) and to undertake s

uch

programmes themselves:

blic

authorities about their activities; and

(d) train Central Public Informatio n Officers or State Public Informat

ion Officers,

as the case may be, of public authorit ies and produce relevant training mate

rials

for use by the public authorities themselv es.

(2) The appropriate Government shal l, within eighteen months from the

commencement of this Act, compile in its official language a guide contai

ning such

information, in an easily comprehensible form and manner, as may reasonably bere

quired

by a person who wishes to exercise any ri ght specified in this Act.

(3) The appropriate Government shall, if necessary, update and publish the gu

idelines

referred to in sub-section (2) at regula r intervals which shall, in particular a

ndwithout

prejudice to the generalityofsub-sect ion (2), include—

(a) _ the objectsofthis Act;

(b) the postal and street address, the p hone and fax number and,ifavailable,

electronic mail addressofthe Central Pub lic Information Officer or State

Public Information Officer, as the case m ay be,ofevery public authority

appointed under sub-section (/) of se ction 5;

made to a Central Public Information Off icer or State Public Information

Officer, as the case may be;

(d) _ the assistance available from and the dutiesofthe Central Public

Information

Officer or State Public Information Officer , as the case may be, of a public

authority under this Act;

(e) the assistance available from the Central Information Commission or Sta

Information Commission, as the case may be;

() all remedies in law available regard ing an act or failure to act in respect ofa

right or duty conferred or imposed by this A ct including the manner of filing

an appeal to the Commission;

(g) _ the provisions providing for the vol untary disclosure of categories of records

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 circula rs made or issued in relation to obtaining

access to an information in accordance with thi s Act.

(4) The appropriate Government must, if necessary, update and publish the guideli

nes at

regular intervals.

27. (1) The appropriate Government may, by notification in the Official Gazette, P

ower to make

make rules to carry out the provisions of th is Act.

rules by: appropriate Government

(2) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the followi ng matters, namely:—

(a) the cost of the medium or print cost price of the materials to be disseminated

under sub-section (4) of section 4;

(b) the fee payable under sub-sectio n (/) of section 6;

(d) _ the salaries and allowances payable to and the terms and conditions of service

of the officers and other employees under sub-section (6) of section 13 and

THE GAZETTER OF INDIA EXTRAORDINARY [PART 11—— (b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves; (6) promote timely and eﬂ‘ective dissemination of accurate information by public authorities about their activities; and (d) train Central Public Information Officers or State Public Infonnation Ofﬁcers, as the case may be. of public authorities and produce relevant training materials for use by the public authorities themselves. (2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its ofﬁcial language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act. (3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in subsection (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include! (a) the objects ofthis Act; (b) the postal and street address, the phone and fax number and, ifavailable. electronic mail address ofthe Central Public Information Oﬁicer or State Public Information Ofﬁcer. as the case may be, ofevery public authority appointed under sub-section (I I of section 5; (c) the manner and the form in which request for access to an information shall be made to a Central Public Information Ofﬁcer or State Public Information Ofﬁcer, as the case may be; (d) the assistance available from and the duties ofthe Central Public Information Officer or State Public lnfonnation Ollicer. as the case may be, of a public authority under this Act; (e) the assistance available from the Central Information Commission or State Information Commission. as the case may be; (ﬂ all remedies in law available regarding an act or failure to act in respect ofa right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission: (g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4: (h) the notices regarding fees to be paid in relation to requests for access to an information; and (i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act. (4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals. 27. (I) The appropriate Government may, by notiﬁcation in the Ofﬁcial Gazette, Power” make make rules to carry out the provisions of this Act. ”I“ by, appropriate Government (2) In particular, and without prejudice to the generality of the foregoing power. such rules may provide for all or any of the following matters, namely:— (a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4; (b) the fee payable under sub-section (1) of section 6; (c) the fee payable under sub-sections(1) and (5) of section 7; (d) the salaries and allowances payable to and the terms and conditions of service of the ofﬁcers and other employees under sub-section (6) of section I3 and

SEC.1 THE GAZETTE OF INDIA EXTR AORDINARY 21

Repeal

sub-section (6) of section 16;

(e) the procedure to be adopted by the Central Information Commission or State

Information Commission, as the case may be, in deciding the appeals under

sub-section (/0) of section 19; and

(f) any other matter which is required to be, or may be, pre scribed.

28. (/) The competent authority may, by notification in the Official Gazette, make

rules to carry out the provisionsofthis Act.

(2) In particular, and without prejudice to the generality o f the foregoing power, such

rules may provide for all or anyofthe following matters, na mely:—

Wp the cost of the medium or print cost price of the materials to be disseminated

under sub-section (4) of section 4;

(ii) the fee payable under sub-section (/) of section 6;

(iii) the fee payable under sub-section (/) of section 7; and

(iv) any other matter which is required to be, or may be ,prescribed

29, (1) Every rule made by the Central Government under this Act shall be laid, as

soon as may be after it is made, before each House of Parliament, while it is in session, for

a total period of thirty days which may be comprised in o ne session or in two or more

successive sessions, and if, before the expiry of the session i mmediately following the

session or the successive sessions aforesaid, both Houses agree i n making any modification

in the rule or both Houses agree that the rule should not be mad e, the rule shall thereafter

have effect only in such modified form or be of no effect, as the case may be; so, however,

that any such modification or annulment shall be without pre judice to the validity of

anything previously done under that rule.

(2) Every rule made under this Act by a State Government shall be laid, as soon as

may be after it is notified, before the State Legislature.

30. (/) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order published in the Official Gazette, mak e such provisions not

inconsistent with the provisions of this Act as appear to it to be necessary or expedient for

removalofthe difficulty:

Provided that no such order shall be made after the expiry of a per iod of two years

from the date of the commencementofthis Act.

(2) Every order made under this section shall, as soon as may be after it is ma de, be

laid before each House of Parliament.

31. The Freedom of Information Act, 2002 is hereby repealed.

Power to make rules by competent authority.

Laying of rules.

Power to remove difficulties.

5 of 2003

SEC.l THE GAZETTE OF INDIA EXTRAORDINARY 21 Repeal sub-section (6) ofsection 16; (e) the procedure to be adopted by the Central Information Commission or State Information Commission. as the case may he, in deciding the appeals under sub-section (/0) of section 19; and (f) any other matter which is required to be. or may be, prescribed. 28: (I ) The competent authority may, by notiﬁcation in the Ofﬁcial Gazette, make rules to carry out the provisions ofthis Act. (2) In particular, and without prejudice to the generality of the foregoing power. such rules may provide for all or any ofthe following matters, namely:— (i) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) ofsection 4; (ii) the fee payable under sub-section (I ) ot‘seetion 6; (iii) the fee payable under sub-section (I ) of section 7: and (iv) any other matter which is required to be, or may be, prescribed 29. (I) Every rule made by the Central Government under this Act shall be laid, as soon as may be alter it is made, before each House of Parliament. while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid. both Houses agree in making any modiﬁcation in the rule or both Houses agree that the rule should not be made, the rule shall thereaﬁer have effect only in such modiﬁed form or be ofno effect, as the case may be: so, however, that any such modiﬁcation or annulment shall be without prejudice to the validity of anything previously done under that rule. (2) Every rule made under this Act by a State Govemment shall be laid, as soon as may be after it is notiﬁed. before the State Legislature. 30. (I) If any diﬁiculty arises in giving effect to the provisions of this Act. the Central Government may, by order published in the Ofﬁcial Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal ofthe difﬁculty: Provided that no such order shall be made after the expiry of a period of two years from the date ofthe commencement ofthis Act. (2) Every order made under this section shall. as soon as may be after it is made, be laid before each House of Parliament. 3|. The Freedom of Information Act. 2002 is hereby repealed. Power to make rules by competent authority Laying of rules, Power to remove di ft’icullies. S of 2003

22 THE GAZETTER OF INDIA EXTRAORDINARY [PART II—

THE FIRST SCHEDULE

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

Form of oath or affirmation to be made by the Chief Information

Commissioner/the Information Commissioner/the State Chief Information

Commissioner/the State Information Commissioner

"1, snirseceniec , having been appointed Chief Information Commissioner

/Information Commissioner/ State Chief Information Commissioner / State

Information Commissioner swear in the name of God

solemnly affirm

that I will bear true faith and allegiance to the Constitution of India as by

law established, that I will uphold the sovereignty and integrity of India,

that I will duly and faithfully and to the best of my ability, knowledge and

judgment perform the duties of my office without fear or favour, affection

or ill-will and that I will uphold the Constitution and the laws.".

22 THE GAZETTER OF INDIA EXTRAORDINARY [PART II— THE FIRST SCHEDULE [See sections 13 (3) and 16(3)] Form of oath or afﬁrmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner "I, ..................... , having been appointed Chief Information Commissioner /lnformation Commissioner/ State Chief Information Commissioner / State Information Commissioner swear in the name of God solemnly afﬁrm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my ofﬁce without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.".

SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 28

THE SECOND SCHEDULE

(See section 24)

Intelligence and security organisation established by the Central Government

Intelligence Bureau.

Research and Analysis Wing of the Cabinet Secretariat.

. Directorate of Revenue Intelligence.

. Central Economic Intelligence Bureau.

. Directorate of Enforcement.

. Narcotics Control Bureau.

. Aviation Research Centre.

. Special Prontier Force.

. Border Security Force.

. Central Reserve Police Force.

Indo-Tibetan Border Police.

. Central Industrial Security Force.

. National Security Guards.

. Assam Rifles.

. Special Service Bureau

. Special Branch (CID), Andaman and Nicobar.

. The Crime Branch-C.1.D.-CB, Dadra and Nagar Haveli.

. Special Branch, Lakshadweep Police.

T. K. VISWANATHAN, Secy. to the Govt. ofIndia. Printed by THE Manager, Government of India Press, Minto Road, New Delhiand Published by the Controller of Publications, Delhi, 2005.MGIPMRND—1359GI(S3)—22-06-2005.

SEC.l THE GAZETTE OF INDIA EXTRAORDINARY 23 THE SECOND SCHEDULE (See section 24) Intelligence and security organisation established by the Central Government 1. 2. 10 ll. Intelligence Bureau. Research and Analysis Wing of the Cabinet Secretariat. . Directorate of Revenue Intelligence. . Central Economic Intelligence Bureau. . Directorate of Enforcement. . Narcotics Control Bureau. . Aviation Research Centre. . Special Prontier Force. . Border Security Force. . Central Reserve Police Force. lndo-Tibetan Border Police. . Central Industrial Security Force. . National Security Guards. . Assam Riﬂes. . Special Service Bureau . Special Branch (CID), Andaman and Nicobar. . The Crime Branch-C.l.D.-CB, Dadra and Nagar Haveli. . Special Branch, Lakshadweep Police. T. K. VlSWANATHAN, Secy. to the Govt. of India. Printed by THE Manager, Government of India Press, Minto Road, New Delhi and Published by the Controller of Publications, Delhi, 2005. MGIPMRND—‘l 359Gl(S3)—22—06-2005.

Rajasthan act 22 of 2005 : The RIGHT TO INFORMATION ACT, 2005

SECTIONS