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1 |
(1) |
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This Act may be called the
Right to Information Act, 2005. |
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(2) |
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It extends to the whole of
India except the State of Jammu and Kashmir. |
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(3) |
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The
provisions of sub-section (1) of section 4, sub-sections (1) 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. |
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2 |
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In this Act, unless the
context otherwise requires,— |
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(a) |
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"appropriate Government"
means in relation to a public authority which is established,
constituted, owned, controlled or substantially financed by funds
provided directly or indirectly— |
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(i) |
by the Central Government or
the Union territory administration, the Central Government; |
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(ii) |
by the State Government, the
State Government; |
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(b) |
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"Central Information
Commission" means the Central Information Commission constituted under
sub-section (1) of section 12; |
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(c) |
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"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) of section 5; |
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(d) |
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"Chief Information
Commissioner" and "Information Commissioner" mean the Chief Information
Commissioner and Information Commissioner appointed under sub-section
(3) of section 12; |
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(e) |
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"competent authority" means— |
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(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; |
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(ii) |
the Chief Justice of India
in the case of the Supreme Court; |
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(iii) |
the Chief Justice of the
High Court in the case of a High Court; |
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(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; |
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(v) |
the administrator appointed
under article 239 of the Constitution; |
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(f) |
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"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 form 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; |
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(g) |
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"prescribed" means
prescribed by rules made under this Act by the appropriate Government or
the competent authority, as the case may be; |
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(h) |
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"public authority" means any
authority or body or institution of self- government established or
constituted— |
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(a) |
by or under the
Constitution; |
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(b) |
by any other law made by
Parliament; |
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(c) |
by any other law made by
State Legislature; |
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(d) |
by notification issued or
order made by the appropriate Government, and includes any— |
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(i) |
body owned, controlled or
substantially financed; |
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(ii) |
non-Government
organization substantially financed, directly or indirectly by funds
provided by the appropriate Government; |
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(i) |
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"record" includes— |
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(a) |
any document, manuscript and
file; |
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(b) |
any microfilm, microfiche
and facsimile copy of a document; |
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(c) |
any reproduction of image or
images embodied in such microfilm (whether enlarged or not); and |
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(d) |
any other material produced
by a computer or any other device; |
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(j) |
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"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— |
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(i) |
inspection of work,
documents, records; |
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(ii) |
taking notes, extracts or
certified copies of documents or records; |
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(iii) |
taking certified samples of
material; |
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(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; |
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(k) |
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"State Information
Commission" means the State Information Commission constituted under
sub-section (1) of section 15; |
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(l) |
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"State Chief Information
Commissioner" and "State Information Commissioner" mean the State Chief
Information Commissioner and the State Information Commissioner
appointed under sub-section (3) of section 15; |
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(m) |
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"State Public Information
Officer" means the State Public Information Officer designated under
sub-section (1) and includes a State Assistant Public Information
Officer designated as such under sub-section (2) of section 5; |
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(n) |
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"third party" means a person
other than the citizen making a request for information and includes a
public authority. |
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[
CHAPTER I ] [
CHAPTER II ] [
CHAPTER III ] [
CHAPTER IV ]
[ CHAPTER V ] [
CHAPTER VI ] |
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