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MINISTRY OF LAW AND JUSTICE
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PREFACE
This edition of the Right to I nf ormation Act, 2005 is being published in diglot f orm. The English text and
the authoritative Hindi text of the Act have been modif ied up (lithe 1 st day of February, 201 1 .
NEW DELHI ;
The
1st February,
201 1
BHASEN,
Secretary to the Government of India.
THE RI GHT TO I NFORMATI ON ACT, 2005
ARRANGEMENT OF SECTI ONS
CHAPTER I
PRELI MI NARY
SECTI ONS
1 .
Short title, extent and commencement.
2. Def initions.
CHAPTER I I
RI GHT TO I NFORMATI ON AND OBLI GATI ONS OF PUBLI C AUTHORI TI ES
3. Right to inf ormation.
4.
Obligations of public authorities.
5.
Designation of Public I nf ormation Of f icers.
6.
Request f or obtaining inf ormation.
7.
Disposal of request.
8.
Exemption f rom disclosure of inf ormation.
9.
Grounds f or rejection to access in certain cases.
1 0. Severability.
1 1 .
Third party inf ormation.
CHAPTER I I I
THE CENTRAL I NFORMATI ON COMMI SSI ON
1 2.
Constitution of Central I nf ormation Commission.
1 3.
Term of of f ice and conditions of service.
1 4. Removal of ' Chicf
I nf iommtion Commissioner or I nf ormation Commissioner.
CHAPTER I V
TI I E STATE I NFORMATI ON COMMI SSI ON
1 5.
Constitution of State I nFonnation Commission.
1 6.
Tenn of of f ice andconditions of service.
Right to Information Act. 2005
SECTI ONS
1 7. Removal of State Chief I nf ormation Commissioner or State I nf ormation Commissioner.
CHAPTER V
POW ERS AND FUNCTI ONS OF THE I NFORMATI ON COMMI SSI ONS, APPEA L AND PENALTI ES
1 8.
Powers
and
f unctions of I nf ormation Commissions.
1 9.
Appeal.
20. Penalties.
CHAPTER VI
MI SCELLANEOUS
21 .
Pmtection of action taken in good f aith.
22.
Act to have overriding ef f ect.
23.
Bar of judisdiction of courts.
24.
Act not to apply in certain organizations.
25.
Monitoring
and
reporting.
26.
Appropriate Government to prepare programmes.
27.
Power to make rules by appropriate Government.
28.
Power to make rules by competent authority.
29.
Laying of rules.
30.
Power to remove dif f iculties.
31 . Repeal.
THE RI GHT TO I NFORMATI ON ACT, 2005
No. 22 OF 2005
[15th June,
2005.1
An Act to provide f or setting out the practical regime of right to inf ormation f or citizens to secure
access to inf ormation 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
I nf ormation Commission and State I nf ormation Commissions and f or matters connected
therewith or incidental thereto.
W HEREAS
the Constitution of I ndia has established democratic Republic;
AND W HEREAS
democracy requires an inf ormed citizenry and transparency of inf ormation which are vital to its
f unctioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the
governed;
AND W HEREAS
revelation of inf ormation in actual practice is likely to conf lict with other public interests including
ef f icient operations of the Governments, optimum use of limited f iscal resources and the preservation of
conf identiality of sensitive inf ormation;
AND W HEREAS
it is necessary to harmonise these conf licting interests while preserving the paramountcy of the
democratic ideal;
Now.
THEREFORE,
it is expedient to provide f or f urnishing certain inf ormation to citizens who desire to have it.
BE
it enacted by Parliament in the Fif ty- sixth Year of the Republic of I ndia as f ollows:
CHAPTER I
PRELI MI NARY
1. Short title, extent and commencement.(/)
This Act may be called the Right to I nf ormation Act, 2005.
(2)
I t extends to the whole of I ndia except the State of Jammu and Kashmir.
(3)
The provisions of sub- section (/ ) of section 4, sub- sections (/ ) and
(2)
of section 5, sections 1 2, 1 3, 1 5,1 6, 24,
27 and 28 shall come into f orce at once, and the remaining provisions of this Act shall come into f orce on the one
hundred and twentieth day* of its enactment.
2. Definitions.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 f inanced by f unds provided directly or indirectly-
0)
by the Central Government or the Union territory administration, the Central Government;
(ii)
by the State Government, the State Government;
(b)
"Central I nf ormation Commission" means the Central I nf ormation Commission constituted under sub-
section (/ ) of section 1 2;
12th October. 2005.
2
Right to Information Act, 2005
(Chapter I Preliminary.)
(c)
"Central Public Information Officer" means the Central Public Information Officer designated under sub-
section (I) and
includes a Central Assistant Public Information Officer designated as such under sub-section (2) of
section 5;
(d)
"Chief Information Commissioner" and "Information Commissioner" mean the Chief Information
Commissioner and Information Commissioner appointed under 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 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 of the Supreme Court;
(iii)
the Chief Justice of the High Court in the case of a 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 of the Constitution;
V) "information" means any material in any form, including records, documents, memos, e-mails, opinions,
advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held
in any electronic formand information relating to any private body which can be accessed by a public authority
under any other lawfor 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;
(b) by any other lawmade by Parliament;
(c)
by any other lawmade by State Legislature;
(d)
by notification issued or order made by the appropriate Government, and includes any
(0
body owned, controlled or substantially financed;
(ii)
non-Government organisation substantially financed, directly or indirectly by funds provided by the
appropriate Government;
(i) "record" includes
(a)
any document, manuscript and file;
(b)
any microfilm, microfiche and facsimile copy of a 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;
3
Right to Information Act, 2005
(Chapter IPreliminary. Chapter ILRight to information and obligations of public authorities.)
(I)
- right to inf ormation" means the right to inf ormation accessible under this Act which is held by or under
the control of any public authority and includes the right to-
0)
inspection of work, documents, records;
(ii)
taking notes, extracts or certif ied copies of documents or records;
(iii)
taking certif ied samples of material;
(iv)
obtaining inf ormation in the thrm of diskettes, f loppies, tapes, video cassettes or in any other electronic
mode or through printouts where such inf ormation is stored in a computer or in any other device;
(k )
"State I nf ormation Commission" means the State I nf ormation Commission constituted under sub- section
(/ ) of section 1 5;
(/ ) "State Chief I nf ormation Commissioner" and "State I nf ormation Commivioner mean the State Chief
I nf ormation Commissioner and he State I nf ormation Commissioner appointed unc1 d$ sub- section
(3)
of section
1 5;
(m)
"State Public I nf ormation Of f icer" means the State Public I nf ormation Of f icer designated under sub-
section (/ ) and includes a State Assistant Public I nf ormation Of f icer designated as such under sub- section
(2) of
section 5;
(n)
- third party'' means a person other than the citizen mak ng a request f or inf ormation and includes a public
authority.
CHAPTER I I
RIGHT TO INFORMATION AND OBLIGATIONSOF PUBLIC AUTHORITIES
3.
Ftight to information.
Subject
to the provisions of this Act, all citizens shall have the right to inf ormation.
4.
Obligations of public authorities.
(/)
Every public authority shall
(a)
maintain all its records duly catalogued and indexed in a manner and the f orm which f acilitates the right to
inf ormation 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 dif f erent systems so that access to such records is f acilitated;
.(b)
publish within one hundred and twenty days f rom the enactment of this Act,
(i)
the particulars of its organisation, f unctions and duties;
(ii)
the powers and duties of its of f icers and employees;
Oh)
the procedure f ollowed in the decision making process, including channels of supervision and
accountability;
(iv)
the norms set by it f or the discharge of its f unctions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its
employees f or discharging its f unctions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii)
the particulars of any arrangement that exists f or consultation with, or representation by, the members
of the public in relation to the f ormulation of its policy or implementation thereof ;
4
Right to Information Act, 2005
(Chapter IL-Right to information and obligations of public authorities.)
(viii) a
statement of the boards, councils, committees and other bodies consisting of two or more persons
constituted as its part or for the purpose of its advice, and as to whether meetings of those boards; councils,
committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x)
the monthly remuneration received by each of its officers and employees, including the system of
compensation as provided in its regulations;
(xi)
the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures
and reports on disbursements made;
(xii)
the manner of execution of subsidy programmes, including the amounts allocated and the details of
beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours
of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;
(xvii) such other information as may be prescribed;
and thereafter update these publications every year;
(c) publish all relevant facts while formulating important policies or announcing the decisions which affect
public;
(d) provide reasons for its administrative or quasi-judicial decisions to affected persons.
(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of
clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through
various means of communications, including intemet, so that the public have minimum resort to the use of this Act to
obtain information.
(3) For the purposes of sub-section (/), 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.
Explanation.-For the purposes of sub-sections (3) and (4), "disseminated" means making known or
communicated the information to the public through notice boards, newspapers, public announcements, media
broadcasts, the intemet or any other means, including inspection of offices of any public authority.
5. Designation of Public Information Officers.-(I)
Every public authority shall, within one hundred days of the
enactment of this Act, designate as many officers as the Central Public Information Officers or State Public
Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide
information to persons requesting for the information under this Act.
5
Right to Information Act, 2005
(Chapter II Right to information and obligations of public authorities.)
(2)
W ithout prejudice to the provisions of sub- section (/ ), every public authority shall designate an of f icer, within
one hundred days of the enactment of this Act, at each sub- divisional level or other sub- district level as a Central
Assistant Public I nf ormation Of f icer or a State Assistant Public I nf ormation Of f icer, as the case may be, to receive
the applications f or inf brmation or appeals under this Act f or f orwarding the same f orthwith to the Central Public
I nf ormation Of f icer or the State Public I nf ormation Of f icer or senior of f icer specif ied under sub- section (/ ) of section
1 9 or the Central I nf ormation Commission or the State I nf ormation Commission, as the case may be:
Provided that where an application f or inf ormation or appeal is given to a Central Assistant Public I nf ormation
Of f icer or a State Assistant Public I nf ormation Of f icer, as the case may be, a period of f ive days shall be added in
computing the period f or response specif ied under sub- section (/ ) of section 7.
(3)
Every Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, shall deal
with requests f rom persons seeking inf ormation and render reasonable assistance to the persons seeking such
inf ormation.
(4)
The Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, may seek the
assistance of any other of f icer as he or she considers it necessary f or the proper discharge of his or her duties.
(5)
Any of f icer, whose assistance has been sought under sub- section (4), shall render all assistance to the Central
Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, seeking his or her assistance and
f or the purposes of any contravention of the provisions of this Act, such other of f icer shall be treated as a Central
Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be.
6. Request for obtaining information.(/)
A person, who desires to obtain any inf ormation under this Act, shall
make a request in writing or through electronic means in English or Hindi or in the of f icial language of the area in
which the application is being made, accompanying such f ee as may be prescribed, to
(a)
the Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, of the
concerned public authority;
(b)
the Central Assistant Public I nf ormation Of f icer or State Assistant Public I nf ormation Of f icer, as the case
may be,
specif ying the particulars of the inf ormation sought by him or her:
Provided that where such request cannot be made in writing, the Central Public I nf ormation Of f icer or State
Public I nf ormation Of f icer, as the case may be, shall render all reasonable assistance to the person making the request
orally to reduce the same in writing.
(2)
An applicant making request f or inf ormation shall not be required to give any reason f or requesting the
inf ormation or any other personal details except those that may be necessary f or contacting him.
(3)
W here an application is made to a public authority requesting f or an inf ormation,
(i)
which is held by another public authority; or
(ii)
the subject matter of which is more closely connected with the f unctions of another public authority,
the public authority, to which such application is made. shall transf er the application or such part of it as may be
appropriate to that other public authority and inf orm the applicant immediately about such transf er:
Provided that the tiansf er of an application pursuant to this sub- section shall be made as soon as practicable but in
no case later than f ive days f rom the date of receipt of the application.
6
Right to Information Act, 2005
(Chapter ILRight to information and obligations of public authorities.)
7.
Disposal of request.(/)
Subject to the proviso to sub- section
(2)
of section 5 or the proviso to sub- section
(3)
of section 6, the Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, 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 inf ormation on payment of such f ee as may be prescribed or reject the request f or any of
the reasons specif ied in sections 8 and 9:
Provided that where the inf ormation sought f or concerns the lif e or liberty of a person, the same shall be provided
within f orty- eight hours of the receipt of the request.
(2)
I f the Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, f ails to give
decision on the request f or inf ormation within the period specif ied under sub- section (/ ), the Central Public
I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, shall be deemed to have ref used the
request.
(3)
W here a decision is taken to provide the inf ormation on payment of any f urther f ee representing the cost of
providing the inf ormation, the Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may
be, shall send an intimation to the person making the request, giving
(a)
the details of f urther f ees representing the cost of providing the inf ormation as determined by him, together
with the calculations made to arrive at the amount in accordance with f ee prescribed under sub- section (/ ),
requesting him to deposit that f ees, and the period intervening between the despatch of the said intimation and
payment of f ees shall be excluded f br the purpose of calculating the period of thirty days ref erred to in that sub-
section;
(b)
inf ormation concerning his or her right with respect to review the decision as to the amount of f ees charged
or the f orm of access provided, including the particulars of the appellate authority, time limit, process and any
other f orms.
(4)
W here 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 I nf ormation Of f icer or State Public I nf ormation
Of f icer, as the case may be, shall provide assistance to enable access to the inf ormation, including providing such
assistance as may be appropriate f or the inspection.
(5) W here access to inf ormation is to be provided in the printe,d or in any electronic f ormat, the applicant shall,
subject to the provisions of sub- section
(6),
pay such f ee as may be prescribed:
Provided that the f ee prescribed under sub- section ( / ) of section 6 and sub- sections (/ ) and (5) of section 7 shall
be reasonable and no such f ee shall be charged f rom the persons who are of belovv poverty line as may be determined
by the appropriate Government.
(6)Notwithstanding
anything contained in sub- section
(5),
the person making request f or the inf ormation shall be
provided the inf ormation f ree of charge where a public authority f ails to comply with the time limits specif ied in sub-
section (1 ).
(7)
Bef ore taking any decision under sub- section (/ ), the Central Public I nf ormation Of f icer or State Public
I nf ormation Of f icer, as the case may be, shall take into consideration the representation made by a third party under
section 1 .
(8)
W here a request has been rejected under sub- section (/ ), the Central Public I nf ormation Of f icer or State Public
I nf ormation Of f icer, as the case may be, shall communicate to the person making the request,
(i)
the reasons f or such rejection;
(a)
the period within which an appeal against such rejection may be pref erred; and
W O
the particulars of the appellate authority.
(-
7
Right to Information Act, 2005
(Chapter II.Right to information and obligations of public authorities )
(9)
An inf ormation shall ordinarily be provided in the f orm in which it is sought unless it would
disproportionately divert the resources of the public authority or would be detrimental to the saf ety or preservation of
the record in question.
8. Exemption from disclosure of information.
(/)
Notwithstanding anything contained in this Act, there shall
be no obligation to give any citizen,
(a)
inf ormation, disclosure of which would prejudicially af f ect the sovereignty and integrity of I ndia, the
security, strategic, scientif ic or economic interests of the State, relation with f oreign State or lead to incitement of
an of f ence;
(b)
inf ormation which has been expressly f orbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court;
(c)
inf ormation, the disclosure of which would cause a breach of privilege of Parliament or the State
Legislature;
(d)
inf ormation including commercial conf idence, trade secrets or intellectual property, the disclosure of
which would harm the competitive position of a third party, unless the competent authority is satisf ied that larger
public interest warrants the disclosure of such inf ormation;
(e)
inf ormation available to a person in his f iduciary relationship, unless the competent authority is satisf ied
that the larger public interest warrants the disclosure of such inf ormation;
(f )
inf ormation received in conf idence f rom f oreign Government;
(g)
inf ormation, the disclosure of which would endanger the lif e or physical saf ety of any person or identif y
the source of inf ormation or assistance given in conf idence f or law enf orcement or security purposes;
(h)
inf ormation which would impede the process of investigation or apprehension or prosecution of of f enders;
(i)
cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other of f icers:
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 af ter the decision has been taken, and the matter is complete, or
over:
Provided f igther that those matters which come under the exemptions specif ied in this section shall not be
disclosed;
(j)
inf ormation which relates to personal inf ormation 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 I nf ormation Of f icer or the State Public I nf ormation Of f icer or the appellate authority, as the case may be,
is satisf ied that the larger public interest justif ies the disclosure of such inf ormation:
Provided that the inf ormation which cannot be denied to the Parliament or a State Legislature shall not be denied
to any person.
(2)
Notwithstanding anything in the Of f icial Secrets Act, 1 923 (1 9 of 1 923) nor any of the exemptions permissible
in accordance with sub- section (/ ), a public authority may allow access to inf ormation, 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 (/ ), any inf ormation relating to any
occurrence, event or matter which has taken place, occurred or happened twenty years bef ore the date on which any
request is made under section 6 shall be provided to any person making a request under that section:
8
Right to Information Act, 2005
(Chapter IIRight to information and obligations of public authorities.)
Provided that where any question arises as to the date f rom which the said period of twenty years has to be
computed, the decision of the Central Government shall be f inal, subject to the usual appeals provided f or in this Act.
9. Grounds for rejection to access in certain cases.Without
prejudice to the provisions of section 8, a Central
Public I nf ormation Of f icer or a State Public I nf ormation Of f icer, as the case may be, may reject a request f or
inf ormation where such a request f or providing access would involve an inf ringement of copyright subsisting in a
person other than the State.
10. Severability.(/)
W here a request f or access to inf ormatiOn is rejected on the ground that it is in relation to
inf ormation which is exempt f rom disclosure, then, notwithstanding anything contained in this Act, access may be
provided to that part of the record which does not contain any inf ormation which is exempt f rom disclosure under this
Act and which can reasonably be severed f rom any part that contains exempt inf ormation.
(2)
W here access is granted to a part of the record under sub- section (I ), the Central Public I nf ormation Of f icer or
State Public I nf ormation Of f icer, as the case may be, shall give a notice to the applicant, inf orming
(a)
that only part of the record requested, af ter severance of the record containing inf ormation which is exempt
f rom disclosure, is being provided;
(b)
the reasons f or the decision, including any f indings on any material question of f act, ref erring to the
material on which those f indings were based;
(c)
the name and designation of the person giving the decision;
(d)
the details of the f ees calculated by him or her and the amount of f ee 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 inf ormation,
the amount of f ee charged or the f orm of acceSs provided, including the particulars of the senior of f icer specif ied
under sub- section (/ ) of section 1 9 or the Central I nf ormation Commission or the State I nf ormation Commission.
as the case may be, time limit, process and any other f orm of access.
11. Third party information.(1)
W here a Central Public I nf ormation Of f icer or a State Public I nf ormation
Of f icer, as the case may be, intends to disclose any inf ormation 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 conf idential by that third party, the
Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, shall, within f ive days
f rom the receipt of the request, give a written notice to such third party of the request and of the f act that the Central
Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, intends to disclose the inf ormation
or record, or part thereof , and invite the third party to make a submission in writing or orally, regarding whether the
inf ormation should be disclosed, and such submission of the third party shall be kept in view while taking a decision
about disclosure of inf ormation:
Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the
public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
(2)
W here a notice is served by the Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the
case may be, under sub- section (/ ) to a third party in respect of any inf ormation or record or part thereof , the third
party shall, within ten days f rom 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 I nf ormation Of f icer or State Public
I nf ormation Of f icer, as the case may be, shall, within f orty days af ter receipt of the request under section b, 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 inf ormation or record or part thereof and give in writing the notice of his decision to the third
party.
(4)
A notice given under sub- section
(3)
shall include a statement that the third party to whom the notice is given
is entitled to pref er an appeal under section 1 9 against the decision.
9
Right to Information .4ct, 2005
(Chapter III. -The Central Information Commission.)
CHAPTER I I I
THE CENTRAL I NFORMATI ON COMMI SSI ON
1 2. Constitution of Central I nf ormation Commission.(/ )
The Central Government shall, by notif ication in the
Of f icial Gazette. constitute a body to be known as the Central I nf ormation Commission to exercise the powers
conf erred on, and to perf orm the f unctions assigned to, it under this Act.
(2)
The Central I nf ormation Commission shall consist of
(a)
the Chief I nf ormation Commissioner; and
(b)
such number of Central I nf ormation Commissioners, not exceeding ten, as may be deemed necessary.
(3)
The Chief I nf ormation Commissioner and I nf ormation Commissioners shall be appointed by the President on
the recommendation of a committee consisting of
(i)
the Prime Minister, who shall be the Chairperson of the committee;
(ii)
the Leader of Opposition in the Lok Sabha; and
(iii)
a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation. For
the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in
the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the
Government in the House of the People shall be deemed to be the Leader of Opposition.
(4)
The general superintendence, direction
and
management of the af f airs of the Central I nf ormation Commission
shall vest in the Chief I nf ormation Commissioner who shall be assisted by the I nf ormation Commissioners and may
exercise all such powers and do all such acts and things which may be exercised or done by the Central I nf ormation
Commission autonomously without being subjected to directions by any other authority under this Act.
(5)
The Chief I nf ormation Commissioner and inf ormation Commissioners shall be persons of eminence in public
lif e with wide knowledge and experience in law, science and technology, social service, management, journalism,
mass media or administration and governance.
(6)
The Chief I nf ormation Commissioner or an I nf ormation 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 of f ice of prof it or
connected with any political party or carrying on any business or pursuing any prof ession.
(7)
The headquarters of the Central I ntimation Commission shall be at Delhi and the Central I nf ormation
Commission may, with the previous approval of the Central Government, establish of f ices at other places in I ndia.
1 3. Term of of f ice and conditions of service.
(/ )
The Chief I nf ormation Commissioner shall hold of f ice f or a
term of f ive years f rom the date on which he enters upon his of f ice and shall not be eligible f or reappointment:
Provided that no Chief I nf ormation Commissioner shall hold of f ice as such af ter he has attained the age of sixty-
f ive years.
(2)
Every I nf ormation Commissioner shall hold of f ice tbr a term of f ive years f rom the date on which he enters
upon his of f ice or till he attains the age of sixty- f ive years, whichever is earlier, and shall not be eligible f or
reappointment as such I nf ormation Commissioner:
Provided that every I nf ormation Commissioner shall, on vacating his of f ice under this sub- section be eligible f or
appointment as the Chief I nf ormation Commissioner in the manner specif ied in sub- section (3) of section 1 2:
1 0
Right to Information Act, 2005
(Chapter M The Central Information Commission.)
Provided f urther that where the I nf ormation Commissioner is appointed as the Chief I nf ormation Commissioner,
his term of of f ice shall not be more than f ive years in aggregate as the I nf ormation Commissioner and the Chief
I nf ormation Commissioner.
(3) The Chief I nf ormation Commissioner or an I nf ormation Commissioner shall bef ore he enters upon his of f ice
make and subscribe bef ore the President or some other person appointed by him in that behalf , an oath or af f irmation
according to the f orm set out f or the purpose in the First Schedule.
(4) The Chief I nf ormation Commissioner or an I nf ormation Commissioner may, at any time, by writing under his
hand addressed to the President, resign f rom his of f ice:
Provided that the Chief I nf ormation Commissioner or an I nf ormation Commissioner may be removed in the
manner specif ied under section 1 4.
(5)
The salaries and allowances payable to and other terms and conditions of service of
(a)
the Chief I nf ormation Commissioner shall be the same as that of the Chief Election Commissioner;
(b)
an I nf ormation Commissioner shall be the same as that of an Election Commissioner:
Provided that if the Chief I nf ormation Commissioner or an I nf ormation 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 I ndia or under the Government of a State, his salary in respect of the service as the Chief
I nf ormation Commissioner or an I nf ormation Commissioner shall be reduced by the amount of that pension including
any portion of pension which was commuted and pension equivalent of other f orms of retirement benef its excluding
pension equivalent of retirement gratuity:
Provided f urther that if the Chief I nf ormation Commissioner or an I nf ormation Commissioner if , at the time of his
appointment is, in receipt of retirement benef its 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 I nf ormation Commissioner or
an I nf ormation Commissioner shall be reduced by the amount of pension equivalent to the retirement benef its:
Provided also that the salaries, allowances and other conditions of service of the Chief I nf ormation Commissioner
and the I nf ormation Commissioners shall not be varied to their disadvantage af ter their appointment.
(6) The Central Government shall provide the Chief I nf ormation Commissioner and the inf ormation
Commissioners with such of f icers and employees as may be necessary f or the ef f icient perf ormance of their f unctions
under this Act, and the salaries and allowances payable to and the terms and conditions of service of the of f icers and
other employees appointed f or the purpose of this Act shall be such as may be prescribed.
14. Removal of Chief Information Commissioner or Information CommissionerCO
Subject to the
provisions of sub- section
(3),
the Chief I nf ormation Commissioner or any I nf ormation Commissioner shall be
removed f rom his of f ice only by order of the President on the ground of proved misbehaviour or incapacity af ter the
Supreme Court, on a ref erence made to it by the President, has, on inquiry, reported that the Chief I nf ormation
Commissioner or any I nf ormation Commissioner, as the case may be, ought on such ground be removed.
(2)
The President may suspend f rom of f ice, and if deem necessary prohibit also f rom attending the of f ice during
inquiry, the Chief I nf ormation Commissioner or I nf ormation Commissioner in respect of whom a ref erence has
been
made to the Supreme Court under sub- section (/ ) until the President has passed orders on receipt of the report of the
Supreme Court on such ref erence.
(3)
Notwithstanding anything contained in sub- section (/ ), the President may by order remove f rom of f ice the
Chief I nf ormation Commissioner or any I nf ormation Commissioner if the Chief I nf ormation Commissioner or a
I nf ormation Commissioner, as the case may be,
(a) is adjudged an insolvent; or
1 1
Right to Information Act, 2005
(Chapter IIIThe Central Information Commission. Chapter IVThe State Information Commission.)
(b)
has been convicted of an of f ence which, in the opinion of the President, involves moral turpitude; or
(c)
engages during his term of of f ice in any paid employment outside the duties of his of f ice; or
(d)
is, in the opinion of the President, unf it to continue in of f ice by reason of inf irmity of mind or body; or
(e)
has acquired such f inancial or other interest as is likely to af f ect prejudicially his f unctions as the Chief
I nf ormation Commissioner or a I nf ormation Commissioner.
(4) I f the Chief I nf ormation Commissioner or a I nf ormation Commissioner in any way, concerned or interested in
any contract or agreement made by or on behalf of the Govemment of I ndia or participates in any way in the prof it
thereof or in any benef it or emolument arising theref rom otherwise than as a member and in common with the other
members of an incorporated company, he shall, f or the purposes of sub- section (/ ), be deemed to be guilty of
misbehaviour.
CHAPTER I V
THE STATE I NFORMATI ON COMMI SSI ON
15. Constitution of State Information Commission.(/)
Every State Government shall, by notif ication in the
Of f icial Gazette, constitute a body to be known as the (name of the State) I nf ormation Commission to exercise
the powers conf erred on, and to perf orm the f unctions assigned to, it under this Act.
(2) The State
I nf ormation Commission shall consist of
(a) the State
Chief I nf ormation Commissioner, and
(b)
such number of State I nf ormation Commissioners, not exceeding ten, as may be deemed necessary.
(3) The State
Chief I nf ormation Commissioner and the State I nf ormation Commissioners shall be appointed by
the Govemor on the recommendation of a committee consisting of
(i)
the Chief Minister, who shall be the Chairperson of the committee;
(ii)
the Leader of Opposition in the Legislative Assembly; and
(M)
a Cabinet Minister to be nominated by the Chief Minister.
Erplanation.For
the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in
the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the
Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the af f airs of the State I nf ormation Commission
shall vest in the State Chief I nf ormation Commissioner who shall be assisted by the State I nf ormation Commissioners
and may exercise all such powers and do all such acts and things which may be exercised or done by the State
I nf ormation Commission autonomously without being subjected to directions by any other authority under this Act.
(5)
The State Chief I nf ormation Commissioner and the State I nf ormation Commissioners shall be persons of
eminence in public lif e with wide knowledge and experience in law, science and technology, social service,
management, journalism, mass media or administration and governance.
(6)
The State Chief I nf ormation Commissioner or a State I nf ormation 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 of f ice
of prof it or connected with any political party or carrying on any business or pursuing any prof ession.
1 2
Right to Information Act, 2005
(Chapter IVThe State Information Commission.)
(7)
The headquarters of the State I nf ormation Commission shall be at such place in the State as the State
Government may, by notif ication in the Of f icial Gazette, specif y and the State I nf ormation Commission may, with
the previous approval of the State Government, establish of f ices at other places in the State.
16. Term of office and conditions of service.(/)
The State Chief I nf ormation Commissioner shall hold of f ice
f or a term of f ive years f rom the date on which he enters upon his of f ice and shall not be eligible f or reappointment:
Provided that no State Chief I nf ormation Commissioner shall hold of f ice as such af ter he has attained the age of
sixty- f ive years.
(2)
Every State I nf ormation Commissioner shall hold of f ice f or a term of f ive years f rom the date on which he
enters upon his of f ice or till he attains the age of sixty- f ive years, whichever is earlier, and shall not be eligible f or
reappointment as such State I nf ormation Commissioner:
Provided that every State I nf ormation Commissioner shall, on vacating his of f ice under this sub- section, be
eligible f or appointment as the State Chief I nf ormation Commissioner in the manner specif ied in sub- section (3) of
section 1 5:
Provided f urther that where the State I nf ormation Commissioner is appointed as the State Chief I nf ormation
Commissioner, his term of of f ice shall not be more than f ive years in aggregate as the State I nf ormation
Commissioner and the State Chief I nf ormation Commissioner.
(3)
The State Chief I nf ormation Commissioner or a State I nf ormation Commissioner, shall bef ore he enters upon
his of f ice make and subscribe bef ore the Governor or some other person appointed by him in that behalf , an oath or
af f irmation according to the f orm set out f or the purpose in the First Schedule.
(4)
The State Chief I nf ormation Commissioner or a State I nf ormation Commissioner may, at any time, by writing
under his hand addressed to the Governor, resign f rom his of f ice:
Provided that the State Chief I nf ormation Commissioner or a State I nf ormation Commissioner may be removed in
the manner specif ied under section 1 7.
(5)
The salaries and allowances payable to and other terms and conditions of service of
(a)
the State Chief I nf ormation Commissioner shall be the same as that of an Election Commissioner;
(b)
the State I nf ormation Commissioner shall be the same as that of the Chief Secretary to the State
Government:
Provided that if the State Chief I nf ormation Commissioner or a State I nf ormation 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 I ndia or under the Government of a State, his salary in respect of the service as the State
Chief I nf ormation Commissioner or a State I nf ormation Commissioner shall be reduced by the amount of that
pension including any portion of pension which was commuted and pension equivalent of other f orms of retirement
benef its excluding pension equivalent of retirement gratuity:
Provided f urther that where the State Chief I nf ormation Commissioner or a State I nf ormation Commissioner if , at
the time of his appointment is, in receipt of retirement benef its 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 I nf ormation
Commissioner or the State I nf ormation Commissioner shall be reduced by the amount of pension equivalent to the
retirement benef its:
Provided also that the salaries, allowances and other conditions of service of the State Chief I nf ormation
Commissioner and the State I nf ormation Commissioners shall not be varied to their disadvantage af ter their
appointment.
13
Right to Information Act, 2005
(Chapter IV-7'he State Information Commission. Chapter VPowers andfunctions of the Information
Commissions, appeal and penalties.)
(6)
The State Government shall provide the State Chief I nf ormation Commissioner and the State I nf ormation
Commissioners with such of f icers and employees as may be necessary f or the ef f icient perf ormance of their f unctions
under this Act, and the salaries and allowances payable to and the terms and conditions of service of the of f icers and
other employees appointed f or the purpose of this Act shall be such as may be prescribed.
17. Removal of State Chief Information Commissioner or State Information Commissioner.(/) Subject
to
the provisions of sub- section (3), the State Chief I nf ormation Commissioner or a State I nf ormation Commissioner
shall be removed f rom his of f ice only by order of the Governor on the ground of proved misbehaviour or incapacity
af ter the Supreme Court, on a ref erence made to it by the Govemor, has on inquiry, reported that the State Chief
I nf ormation Commissioner or a State I nf ormation Commissioner, as the case may be, ought on such ground be
removed.
(2)
The Governor may suspend f rom of f ice, and if deem necessary prohibit also f rom attending the of f ice during
inquiry, the State Chief I nf ormation Commissioner or a State I nf ormation Commissioner in respect of whom a
ref erence has
been made to the Supreme Court under sub- section (1 ) until the Governor
has passed orders on receipt
of the report of the Supreme Court on such ref erence.
(3) Notwithstanding anything contained in sub- section (/ ), the Governor may by order remove f rom of f ice the
State Chief I nf ormation Commissioner or a State I nf ormation Commissioner if a State Chief I nf ormation
Commissioner or a State I nf ormation Commissioner, as the case may be,
(a) is
adjudged an insolvent; or
(b)
has been convicted of an of f ence which, in the opinion of the Govemor, involves moral turpitude; or
(c)
engages during his term of of f ice in any paid employment outside the duties of his of f ice; or
(d)
is, in the opinion of the Governor, unf it to continue in of f ice by reason of inf irmity of mind or body; or
(e)
has acquired such f inancial or other interest as is likely to af f ect prejudicially his f unctions as the State
Chief I nf ormation Commissioner or a State I nf ormation Commissioner.
(4) I f the State Chief I nf ormation Commissioner or a State I nf ormation Commissioner in any way, concerned or
interested in any contract or agreement made by or on behalf of the Government of the State or participates in any
way in the prof it thereof or in any benef it or emoluments arising theref rom otherwise than as a member and in
common with the other members of an incorporated company, he shall, f or the purposes of sub- section (1 ), be
deemed to be guilty of misbehaviour.
CHAPTER V
POW ERS AND FUNCTI ONS OF THE I NFORMATI ON COMMI SSI ONS, APPEAL AND PENALTI ES
18. Powers and 'Unctions of Information Commissions.(/)
Subject to the provisions of this Act, it shall be the
duty of the Central I nf ormation Commission or State I nf ormation 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 I nf ormation Of f icer or State Public
I nf ormation Of f icer, as the case may be, either by reason that no such of f icer has been appointed under this Act,
or because the Central Assistant Public I nf ormation Of f icer or State Assistant Public I nf ormation Of f icer, as the
case may be, has ref used to accept his or her application f or inf ormation or appeal under this Act f or f orwarding
tbe same to the Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer or senior of f icer specif ied
in sub- section (/ ) of section 1 9 or the Central I nf ormation Commission or the State I nf ormation Commission, as
the case may be;
(b) who hits been refused access
to any inf ormation requested under this Act;
14
Right to Information Act, 2005
(Chapter V Powers and )(unctions of the Information Commissions, appeal and penalties.)
(c)
who has not been given a response to a request f or inf ormation or access to inf ormation within the time
limit specif ied under this Act;
(d)
who has been required to pay an amount of f ee which he or she considers unreasonable;
(e)
who believes that he or she has been given incomplete, misleading or f alse inf ormation under this Act; and
W
in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2)
W here the Central I nf ormation Commission or State I nf ormation Commission, as the case may be, is satisf ied
that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof .
(3)
The Central I nf ormation Commission or State I nf ormation Commission, as the case may be, shall, while
inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit
under the Code of Civil Procedure, 1 908 (5 of 1 908), in respect of the f ollowing matters, namely:
(a)
summoning and enf orcing the attendance of persons and compel them to give oral or written evidence on
oath and to produce the documents or things;
(b)
requiring the discovery and inspection of documents;
(c)
receiving evidence on af f idavit;
(d)
requisitioning any public record or copies thereof f rom any court or of f ice;
(e)
issuing summons f or examination of witnesses or documents; and
W
any other matter which may be prescribed.
(9) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the
case may be, the Central I nf ormation Commission or the State I nf ormation 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 f rom it on any grounds.
19. Appeal.(/)
Any person who, does not receive a decision within the time specif ied in sub- section (/ ) or clause
(a)
of sub- section (3) of section 7, or is aggrieved by a decision of the Central Public I nf ormation Of f icer or State
Public I nf ormation Of f icer, as the case may be, may within thirty days f rom the expiry of such period or f rom the
receipt of such a decision pref er an appeal to such of f icer who is senior in rank to the Central Public I nf ormation
Of f icer or State Public I nf ormation Of f icer as the case may be, in each public authority:
Provided that such of f icer may admit the appeal af ter the expiry of the period of thirty days if he or she is satisf ied
that the appellant was prevented by suf f icient cause f rom f iling the appeal in time.
(2)
W here an appeal is pref erred against an order made by a Central Public I nf ormation Of f icer or a State Public
I nf ormation Of f icer, as the case may be, under section 1 1 to disclose third party inf ormation, the appeal by the
concerned third party shall be made within thirty days f rom the date of the order.
(3)
A second appeal against the decision under sub- section (/ ) shall lie vvithin ninety days f rom the date on which
the decision should have been made or was actually received, with the Central I nf ormation Commission or the State
I nf ormation Commission:
Provided that the Central I nf ormation Commission or the State I nf ormation Commission, as the case may be, may
admit the appeal af ter the expiry of the period of ninety days
if it
is satisf ied that the appellant was prevented by
suf f icient cause f rom f iling the appeal in time.
1 5
Right to Information Act, 2005
(Chapter V.Powers and functions of the Information Commissions, appeal and penalties.)
(4) I f the decision of the Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may
be, against which an appeal is pref erred relates to inf ormation of a third party, the Central I nf ormation Commission or
State I nf ormation Commission, as the case may be, shall give a reasonable opportunity of being heard to that third
party.
(5) I n any appeal proceedings, the onus to prove that a denial of a request was justif ied shall be on the Central
Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be, who denied the request.
(6) An appeal under sub- section (/ ) 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 f orty- f ive days f rom the date of f iling thereof , as the
case may be, f or reasons to be recorded in writing.
(7) The decision of the Central I nf ormation Commission or State I nf ormation Commission, as the case may be,
shall be binding.
(8) I n its decision, the Central I nf ormation Commission or State I nf ormation Commission, as the case may be, has
the power to
(a) require the public authority to take any such steps as may be necessary to secure compliance with the
provisions of this Act, including
(i) by providing access to inf ormation, if so requested, in a particular f orm;
(ii) by appointing a Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may
be;
(iii) by publishing certain inf ormation or categories of inf ormation;
(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 inf ormation f or its of f icials;
(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 f or any loss or other detriment suf f ered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.
(9) The Central I nf ormation Commission or State I nf ormation 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 I nf ormation Commission or State I nf ormation Commission, as the case may be, shall decide the
appeal in accordance with such procedure as may be prescribed.
20. Penalties.(/ ) W here the Central I nf ormation Commission or the State I nf ormation Commission, as the case
may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public I nf ormation Of f icer
or the State Public I nf ormation Of f icer, as the case may be, has, without any reasonable cause, ref used to receive an
application f or inf ormation or has not f urnished inf ormation within the time specif ied under sub- section (/ ) of section
7 or malaf idely denied the request f or inf ormation or knowingly given incorrect, incomplete or misleading
inthrmation or destroyed intbrmation which was the subject of the request or,obstructed in any manner in f umishing
the inf ormation, it shall impose a penalty of two hundred and f if ty rupees each day till application is received or
inf ormation is f urnished, so however, the total amount of such penalty shall not exceed twenty- f ive thousand rupees:
1 6
Right to Information Act, 2005
(Chapter V.Powers and fiinctions of the Information Commissions, appeal and penalties.
Chapter VIMiscellaneous.)
Provided that the Central Public I nf ormation Of f icer or the State Public I nf ormation Of f icer, as the case may be,
shall be given a reasonable opportunity of being heard bef ore any penalty is imposed on him:
Provided f urther that the burden of proving that
he
acted reasonably and diligently shall be on the Central Public
I nf ormation Of f icer or the State Public I nf ormation Of f icer, as the case may be.
(2)
W here the Central I nf ormation Commission or the State I nf ormation Commission, as the case may be, at the
time of deciding any complaint or appeal is of the opinion that the Central Public I nf ormation Of f icer or the State
Public I nf ormation Of f icer, as the case may be, has, without any reasonable cause and persistently, f ailed to receive
an application f or inf ormation or has not f urnished inf ormation within the time specif ied under sub- section (/ ) of
section 7 or malaf idely denied the request f or inf ormation or knowingly given incorrect, incomplete or misleading
inf ormation or destroyed inf ormation which was the subject of the request or obstructed in any manner in f umishing
the inf ormation, it shall recommend f or disciplinary action against the Central Public I nf ormation Of f icer or the State
Public I nf ormation Of f icer, as the case may be, under the service rules applicable to him.
CHAPI 'ER VI
MI SCELLANEOUS
21. Protection of action taken in good faith.No
suit, prosecution or other legal proceeding shall lie against any
person f or anything which is in good f aith done or intended to be done under this Act or any rule made thereunder.
22.
Act to have overriding effect.The
provisions of this Act shall have ef f ect notwithstanding anything
inconsistent therewith contained in the Of f icial Secrets Act, 1 923 (1 9 of 1 923), and any other law f or the time being
in f orce or in any instrument having ef f ect by virtue of any law other than this Act.
23. Bar of judisdiction of courts.No
court shall entertain any suit, application or other proceeding in respect of
any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under
this Act.
24.
Act not to apply in certain organizations.(/)
Nothing contained in this Act shall apply to the intelligence
and security organisations specif ied in the Second Schedule, being organisations established by the Central
Government or any inf ormation f umished by such organisations to that Government:
Provided that the inf ormation pertaining to the allegations of corruption and human rights violations shall not be
excluded under this sub- section:
Provided f urther that in the case of inf ormation sought f or is in respect of allegations of violation of human rights,
the inf ormation shall only be provided af ter the approval of the Central I nf ormation Commission, and
notwithstanding anything contained in section 7, such inf ormation shall be provided within f orty- f ive days f rom the
date of the receipt of request.
(2)
The Central Government may, by notif ication in the Of f icial Gazette, amend the Schedule by including therein
any other intelligence or security organisation established by that Government or omitting theref rom any organisation
already specif ied therein and on the publication of such notif ication, such organisation shall be deemed to be included
in or, as the case may be, omitted f rom the Schedule.
(3)
Every notif ication issued under sub- section (2) shall be laid bef ore 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, f rom time to time, by notif ication in the Of f icial
Gazette, specif y:
Provided that the inf ormation pertaining to the allegations of corruption and human rights violations shall not be
excluded under this sub- section:
1 7
Right to Information Act, 2005
(Chapter VI Miscellaneous )
Provided f urther that in the case of inf ormation sought f or is in respect of allegations of violation of human rights,
the inf ormation shall only be provided af ter the approval of the State I nf ormation Commission and, notwithstanding
anything contained in section 7, such inf ormation shall be provided within f orty- f ive days f rom the date of the receipt
of request.
(5) Every notif ication issued under sub- section (4) shall be laid bef ore the State Legislature.
25. Monitoring and reporting.(/)
The Central I nf ormation Commission or State I nf ormation Commission, as
the case may be, shall, as soon as practicable af ter the end of each year, prepare a report on the implementation of the
provisions of this Act during that year and f orward 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 inf ormation to the Central I nf ormation Commission or State I nf ormation Commission, as the case may
be, as is required to prepare the report under this section and comply with the requirements concerning the f urnishing
of that inf ormation and keeping of records f or the purposes of this section.
(3)
Each report shall state in respect of the year to which the report relates,
(a) the number of requests made to each public authority;
(b)
the number of decisions where applicants were not entitled to access to the documents pursuant to the
requests, the provisions of this Act under which these decisions were made and the number of times such
provisions were invoked;
(c)
the number of appeals ref erred to the Central I nf ormation Commission or State I nf ormation Commission,
as the case may be, f or review, the nature of the appeals and the outcome of the appeals;
(d)
particulars of any disciplinary action taken against any of f icer in respect of the administration of this Act;
(e)
the amount of charges collected by each public authority under this Act;
W any f acts which indicate an ef f ort by the public authorities to administer and implement the spirit and
intention of this Act;
(g)
recommendations f or ref orm, including recommendations in respect of the particular public authorities, f or
the development, improvement, modernisation, ref orm or amendment to this Act or other legislation or common
law or any other matter relevant f or operationalising the right to access inf ormation.
(4) The Central Government or the State Government, as the case may be, may, as soon as practicable af ter the
end of each year, cause a copy of the report of the Central I nf ormation Commission or the State I nf ormation
Commission, as the case may be, ref erred to in sub- section (/ ) to be laid bef ore each House of Parliament or, as the
case may be, bef ore each House of the State Legislature, where there are two Houses, and where there is one House
of the State Legislature bef ore that House.
(5) I f it appears to the Central I nf ormation Commission or State I nf ormation Commission, as the case may be, that
the practice of a public authority in relation to the exercise of its f unctions under this Act does not conf orm with the
provisions or spirit of this Act, it may give to the authority a recommendation specif ying the steps which ought in its
opinion to be taken f or promoting such conf ormity.
26. Appropriate Government to prepare programmes.(/)
The appropriate Government may, to the extent of
availability of f inancial and other resources.
(a)
develop and organise educational programmes to advance the understanding of the public, in particular of
disadvantaged communities as to how to exercise the rights contemplated under this Act;
th) encourage public 'authorities to participate in the deN elopment and organisation of programmes ref erred to
in clause to) and to undertake such programmes themselves;
1 8
Right to Information Act, 2005
(Chapter VIMiscellaneous.)
(c)
promote timely and ef f ective dissemination of accurate inf ormation by public authorities about their
activities; and
(d)
train Central Public I nf ormation Of f icers or State Public I nf ormation Of f icers. as the case may be, of
public authorities and produce relevant training materials f or use by the public authorities themselves.
(2)
The appropriate Government shall, within eighteen months f rom the commencement of this Act, compile in its
of f icial language a guide containing such inthrmation, in an easily comprehensible f orm and manner, as may
reasonably be required by a person who wishes to exercise any right specif ied in this Act.
(3) The appropriate Government sh(I I , if necessary, update and publish the guidelines ref erred to in sub- section
(2)
at regular intervals which shall, in particular and without prejudice to the generality of sub- section
(2), include
(a) the objects of this Act;
(b)
the postal and street address, the phone and f ax number and, if available, electronic mail address of the
Central Public I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be. of every public
authority appointed under sub- section (/ ) of section 5;
(c)
the manner and the f orm in which request f or access to an inf ormation shall be made to a Central Public
I nf ormation Of f icer or State Public I nf ormation Of f icer, as the case may be;
(d)
the assistance available f rom and the duties of the Central Public I nf ormation Of f icer or State Public
inf ormation Of f icer, as the case may be, of a public authority under this Act;
(e)
the assistance available f rom the Central I nf ormation Commission or State I nf ormation Commission, as the
case may be:
V)
all remedies in laW available regarding an act or f ailure to act in respect of a right or duty conf erred or
imposed by this Act including the manner of f iling an appeal to the Commission;
(g)
the provisions providing f or the voluntary disclosure of categories of records in accordance with section 4;
(h)
the notices regarding f ees to be paid in relation to requests f or access to an inf ormation; and
(i)
any additional regulations or circulars made or issued in relation to obtaining access to an inf ormation in
accordance with this Act.
(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
27. Power to make rules by appropriate Govemment.
(/)
The appropriate Government may, by notif ication in
the Of f icial Gazette, make rules to carry out the provisions of this Act.
(2)
I n particular, and without prejudice to the generality of the f oregoing power, such rules may provide f or all or
any of the f ollowing 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 the payable under sub- section (/ ) of section 6;
(c)
the f ee payable under sub- sections (/ )
and (5) of section 7;
(d)
the salaries and allowances payable to and the terms and conditions of service of the of f icers and other
employees under sub- section
(6)
of section 1 3 and sub- section
(6) of section 1 6;
19
Right to Information Act, 2005
(Chapter VIMiscellaneous.)
(e)
the procedure to be adopted by the Central I nf ormation Commission or State I nf ormation Commission, as
the case may be, in deciding the appeals under sub- section ( / 0) of section 1 9; and
(f )
any other matter which is required to be, or may be, prescribed.
28. Power to make rules by competent autbmity.(/)
The competent authority may, by notif ication in the
Of f icial Gazette, make rules to carry out the provisions of this Act.
(2)
I n particular, and without prejudice to the generality of the f oregoing power, such rules may provide f or all or
any of the f ollowing matters, namely:
(i)
the cost of the medium or print cost price of the materials to be disseminated under sub- section (4) of
section 4;
(ii)the f ee payable under sub- section (/ ) of section 6;
(iii)
the f ee payable under sub- section (/ ) of section 7; and
(iv)
any other matter which is required to be, or may be, prescribed.
29. Laying of rules.(/)
Every rule made by the Central Government under this Act shall be laid, as soon as may
be af ter it is made, bef ore each House of Parliament, while it is in session, f or a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if , bef ore the expiry of the session
immediately f ollowing the session or the successive sessions af oresaid, both Houses agree in making any
modif ication in the rule or both Houses agree that the rule should not be made, the rule shall thereaf ter have ef f ect
only in such modif ied f orm or be of no ef f ect, as the case may be; so, however, that any such modif ication or
armulment shall be without prejudice to the validity of anything previously done under that rule.
(2)
Every rule made under this Act by a State Government shall be laid, as soon as may be af ter it is notif ied,
bef ore the State Legislature.
30. Power to remove difficulties.-0)
I f any dif f iculty arises in giving ef f ect to the provisions of this Act, the
Central Government may, by order published in the Of f icial Gazette, malce such provisions not inconsistent with the
provisions of this Act as appear to it to be necessary or expedient f or removal of the dif f iculty:
Provided that no such order shall be made af ter the expiry of a period of two years f rom the date of the
commencement of this Act.
(2)
Every order made under this section shall, as soon as may be af ter it is made, be laid bef ore each House of
Parliament.
31. Repeal.The
Freedom of I nf ormation Act, 2002 (5 of 2003) is hereby repealed.
e
20

Right to Information Act, 2005

(The First Schedule.)
THE FI RST SCHEDULE
[See
sections 1 3 (3) and 1 6(3)]
FORM OF OATH OR AFFI RMATI ON
TO
BE MADE BY THE CHI EF I NFORMATI ON COMMI SSI ONER/ FHE I NFORMATI ON
COMMI SSI ONER/ THE STATE CHI EF I NFORMATI ON COMMI SSI ONER/ THE STATE 1 NFOFtMATI ON COMMI SSI ONER
"1, ,
having been appointed Chief I nf ormation Commissioner/ I nf ormation Commissioner/ State Chief
I nf ormation Commissioner/ State I nf ormation Commissioner swear in the name of God that I will bear true f aith and
solemnly af f irm
allegiance to the Constitution of I ndia as by law established, that I will uphold the sovereignty and integrity of I ndia,
that I will duly and f aithf ully and to the best of my ability, knowledge and judgment perf orm the duties of my of f ice
without f ear or f avour, af f ection or and that I will uphold the Constitution and the laws.".
21
. Right to Information Act, 2005
(The Second Schedule.)
THE SECOND SCHEDULE
(See section 24)
I NTELLI GENCE AND SECURI TY ORGANI SATI ON ESTABLI SHED BY THE CENTRAL GOVERNMENT
1 . I ntelligence Bureau.
2.
Research and Analysis W ing of the Cabinet Secretariat.
3.
Directorate of Revenue I ntelligence.
4.
Central Economic I ntelligence Bureau.
5.
Directorate of Enf orcement.
6. Narcotics Control Bureau.
7.
Aviation Research Centre.
8.
Special Prontier Force.
9. Border Security Force.
1 0. Central Reserve Police Force.
I I . I ndo- Tibetan Border Police.
1 2. Central I ndustrial Security Force.
1 3. National Security Guards.
1 4. Assam Rif les.
1 [ 1 5. Sashtra Seema Bal.]
1 6.
Special Branch (CI D), Andaman and Nicobar.
1 7.
The Crime Branch- C.1 .D.- C1 3. Dadra and Nagar Haveli.
1 8.
Special Branch. Lakshadweep Police.
2[ 1 9. Special Protection Group.
20.
Def ence Research and Development Board.
21 .
Border Road Development Board.
22.
Financial I ntelligence Unit, I ndia.]
I Subs by Notif ication No G.S.R 347. dated 28.9- 2005
2 I ns by tind (w.e 28- 9- 2005)
0
I
P t i t ) 4 . w i s
en - -1 _ 4 e 1
f4t-dr:(1) ren-rn idsno ref ufor AW RF, Iwo trpo,K 1 TRthlf f4Rr tymier gm,
Fir4F1 - 4TRT 9"t I t1 - 1 1 0 001 .
(2) AM741 9.- Th cb, FRU tint< Rifra it- - - 1 1 0 054.