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3 |
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Subject to the provisions of
this Act, all citizens shall have the right to information. |
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4 |
(1) |
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Every public authority
shall— |
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(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; |
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(b) |
publish within one hundred
and twenty days from the enactment of this Act,— |
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(i) |
the particulars of its
organisation, functions and duties; |
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(ii) |
the powers and duties
of its officers and employees; |
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(iii) |
the procedure followed in
the decision making process, including channels of supervision and
accountability; |
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(iv) |
the norms set by it for the
discharge of its functions; |
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(v) |
the rules, regulations,
instructions, manuals and records, held by it or under its control or
used by its employees for discharging its functions; |
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(vi) |
a statement of the
categories of documents that are held by it or under its control; |
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(vii) |
the particulars of any
arrangement that exists for consultation with, or representation by, the
members of the public in relation to the formulation of its policy or
implementation thereof; |
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(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; |
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(ix) |
a directory of its officers
and employees; |
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(x) |
the monthly remuneration
received by each of its officers and employees, including the system of
compensation as provided in its regulations; |
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(xi) |
the budget allocated
to each of its agency, indicating the particulars of all plans, proposed
expenditures and reports on disbursements made; |
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(xii) |
the manner of
execution of subsidy programmes, including the amounts allocated and the
details of beneficiaries of such programmes; |
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(xiii) |
particulars of recipients of
concessions, permits or authorisations granted by it; |
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(xiv) |
details in respect of the
information, available to or held by it, reduced in an electronic form; |
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(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; |
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(xvi) |
the names, designations and
other particulars of the Public Information Officers; |
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(xvii) |
such other information as
may be prescribed and thereafter update these publications every year; |
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(c) |
publish all relevant
facts while formulating important policies or announcing the decisions
which affect public; |
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(d) |
provide reasons for its
administrative or quasi-judicial decisions to affected persons. |
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(2) |
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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 internet, so that the public have
minimum resort to the use of this Act to obtain information. |
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(3) |
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For the purposes of
sub-section (1), every information shall be disseminated widely and in
such form and manner which is easily accessible to the public. |
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(4) |
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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. |
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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 internet or any
other means, including inspection of offices of any public authority. |
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5 |
(1) |
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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. |
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(2) |
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Without prejudice to the
provisions of sub-section (1), every public authority shall designate an
officer, 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 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 19
or the Central Information Commission or the State Information
Commission, as the case may be:
Provided that where an application for information or appeal is given to
a Central Assistant Public Information 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 (1) of section 7. |
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(3) |
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Every Central Public
Information Officer or State Public Information Officer, as the case may
be, shall deal with requests from persons seeking information and render
reasonable assistance to the persons seeking such information. |
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(4) |
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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. |
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(5) |
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Any officer, whose
assistance has been sought under sub-section (4), shall render all
assistance to the Central Public Information 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 provisions of this Act,
such other officer shall be treated as a Central Public Information
Officer or State Public Information Officer, as the case may be. |
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6 |
(1) |
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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 in the official
language of the area in which the application is being made,
accompanying such fee as may be prescribed, to— |
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(a) |
the Central Public
Information Officer or State Public Information Officer, as the case may
be, of the concerned public authority; |
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(b) |
the Central Assistant Public
Information Officer or State Assistant Public Information Officer, as
the case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central
Public Information Officer or State Public Information Officer, as the
case may be, shall render all reasonable assistance to the person making
the request orally to reduce the same in writing. |
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(2) |
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An applicant making request
for 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. |
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(3) |
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Where an application is made
to a public authority requesting for an information,— |
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(i) |
which is held by another
public authority; or |
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(ii) |
the subject matter of
which is more closely connected with the functions of another public
authority,
the public authority, to which such application is made, shall transfer
the application 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 be made as soon as practicable but in no case later
than five days from the date of receipt of the application. |
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7 |
(1) |
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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 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 payment of such fee as may be prescribed or reject the
request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or
liberty of a person, the same shall be provided within forty-eight hours
of the receipt of the request. |
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(2) |
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If the Central Public
Information Officer or State Public Information Officer, as the case may
be, fails to give decision on the request for information within the
period specified under sub-section (1), the Central Public Information
Officer or State Public Information Officer, as the case may be, shall
be deemed to have refused the request. |
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(3) |
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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— |
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(a) |
the details of further fees
representing the cost of providing the information as determined by him,
together with the calculations made to arrive at the amount in
accordance with fee prescribed under sub-section (1), requesting him to
deposit that fees, and the period intervening between the dispatch of
the said intimation and payment of fees shall be excluded for the
purpose of calculating the period of thirty days referred to in that
sub-section; |
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(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
of the appellate authority, time limit, process and any other forms. |
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(4) |
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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 Officer or State Public Information Officer,
as the case may be, shall provide assistance to enable access to the
information, including providing such assistance as may be appropriate
for the inspection. |
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(5) |
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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 (1) 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. |
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(6) |
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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). |
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(7) |
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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 11. |
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(8) |
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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,— |
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(i) |
the reasons for such
rejection; |
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(ii) |
the period within which an
appeal against such rejection may be preferred; and |
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(iii) |
the particulars of the
appellate authority. |
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(9) |
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An information shall
ordinarily be provided in the form in which it is sought unless it would
disproportionately divert the resources of the public authority or would
be detrimental to the safety or preservation of the record in question. |
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8 |
(1) |
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Notwithstanding anything
contained in this Act, there shall be no obligation to give any
citizen,— |
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(a) |
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; |
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(b) |
information which has been
expressly forbidden to be published by any court of law or tribunal or
the disclosure of which may constitute contempt of court; |
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(c) |
information, the disclosure
of which would cause a breach of privilege of Parliament or the State
Legislature; |
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(d) |
information including
commercial confidence, trade secrets or intellectual property, the
disclosure of which would harm the competitive position of a third
party, unless the competent authority is satisfied that larger public
interest warrants the disclosure of such information; |
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(e) |
information 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; |
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(f) |
information received in
confidence from foreign Government; |
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(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; |
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(h) |
information which would
impede the process of investigation or apprehension or prosecution of
offenders; |
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(i) |
cabinet papers including
records of deliberations of the Council of Ministers, Secretaries and
other officers: |
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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; |
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(j) |
information 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: |
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Provided that the
information which cannot be denied to the Parliament or a State
Legislature shall not be denied to any person. |
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(2) |
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Notwithstanding anything in
the Official Secrets Act, 1923 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. |
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(3) |
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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
section 6 shall be provided to any person making a request under that
section: |
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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. |
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9 |
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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. |
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10 |
(1) |
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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 of
the 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. |
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(2) |
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Where access is granted to a
part of the record under sub-section (1), the Central Public Information
Officer or State Public Information Officer, as the case may be, shall
give a notice to the applicant, informing— |
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(a) |
that only part of the record
requested, after severance of the record containing information which is
exempt from disclosure, is being provided; |
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(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; |
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(c) |
the name and designation of
the person giving the decision; |
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(d) |
the details of the fees
calculated by him or her and the amount of fee which the applicant is
required to deposit; and |
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(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 (1) of section 19 or the Central Information
Commission or the State Information Commission, as the case may be, time
limit, process and any other form of access. |
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11 |
(1) |
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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 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 be, intends to
disclose the information or record, or part thereof, and invite the
third party to make a submission in writing or orally, regarding whether
the information should be disclosed, and such submission of the third
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 if the public interest in
disclosure outweighs in importance any possible harm or injury to the
interests of such third party. |
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(2) |
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Where a notice is served by
the Central Public Information Officer 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. |
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(3) |
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Notwithstanding anything
contained in section 7, the Central Public Information Officer or State
Public Information Officer, as the 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 writing the notice of his decision to
the third party. |
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(4) |
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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. |
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[
CHAPTER I ] [
CHAPTER II ] [
CHAPTER III ] [
CHAPTER IV ]
[ CHAPTER V ] [
CHAPTER VI ] |
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