THE RIGHT TO INFORMATION ACT,2005
What is RTI?
RTI stands for Right to Information. Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. As early as in 1976, the Supreme Court said in the case of Raj Narain vs State of UP, that people cannot speak or express themselves unless they know. Therefore, right to information is embedded in article 19. In the same case, Supreme Court further said that India is a democracy. People are the masters. Therefore, the masters have a right to know how the governments, meant to serve them, are functioning. Further, every citizen pays taxes. Even a beggar on the street pays tax (in the form of sales tax, excise duty etc) when he buys a piece of soap from the market. The citizens therefore, have a right to know how their money was being spent. These three principles were laid down by the Supreme Court while saying that RTI is a part of our fundamental rights.
If RTI is a fundamental right, then why do we need an Act to give us this right?
This is because if you went to any Government Department and told the officer there, “RTI is my fundamental right, and that I am the master of this country. Therefore, please show me all your files”, he would not do that. In all probability, he would throw you out of his room. Therefore, we need a machinery or a process through which we can exercise this fundamental right. Right to Information Act 2005, which became effective on 13th October 2005, provides that machinery. Therefore, Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc.
When did RTI Act come into force?
The Central Right to Information Act came into force on the 12th October, 2005. However, before that 9 state Governments had passed state Acts. These were J & K, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Assam & Goa.
What rights are available under RTI Act 2005?
Right to Information Act 2005 empowers every citizen to
•Ask any questions from the Government or seek any information
•Take copies of any government documents
•Inspect any government documents.
•Inspect any Government works
•Take samples of materials of any Government work.
Who is covered under RTI?
The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.
What is “substantially financed”?
This is neither defined under RTI Act nor under any other Act. So, this issue will evolve with time, maybe through some court orders etc.
Are Private bodies covered under the RTI Act?
All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is, if a government department can access information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.
Isn’t Official Secrets Act 1923 an obstacle to the implementation of RTI Act?
No. Sec 22 of the RTI Act 2005 clearly says that RTI Act would over ride all existing Acts including Officials Secrets Act.
Can the PIO refuse to give me information?
A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc.
There is a list of 18 agencies given in second schedule of the Act to which RTI Act does not apply. However, they also have to give information if it relates to matters pertaining to allegations of corruption or human rights violations.
Does the Act provide for partial disclosure?
Yes. Under Section 10 of the RTI Act, access may be provided to that part of the record which does not contain information which is exempt from disclosure under this Act.
Can access be denied to file notings?
No. File notings are an integral part of the government file and are subject to disclosure under the Act. This has been clarified by the Central Information Commission in one of its orders on 31st Jan 2006.
How to use Right to Information
How do I locate the full Act?
The full Act in Hindi and English is available on the website of Department of Personnel and Training www.persmin.nic.in. It is also available on this website.
Who will give me information?
One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. You have to file your applications with them. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. In addition, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.
Where do I submit application?
You can do that with the PIO or with APIO. In the case of all Central Government Departments, 629 post offices have been designated as APIOs. This means that you can go to any of these post offices and submit your fee and application at the RTI counter in these post offices. They will issue you a receipt and acknowledgement and it is the responsibility of that post office to deliver it to the right PIO. The list of these post offices is given at http://www.indiapost.gov.in/rtimanual16a.html
Is there any fee? How do I deposit that?
Yes, there is an application fee. For Central Government Departments, it is Rs 10. However, different states have prescribed different fee. For details see rules framed by the states on this website. For getting information, you have to pay Rs 2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs. 5 for every subsequent hour or fraction thereof. This is according to Central Rules. For each state, see respective state rules. You can deposit fee wither in cash or through a DD or bankers cheque or postal order drawn in favor of that public authority. In some states, you can buy court fee stamps and affix it on your application. This would be treated as if you have deposited the fee. You can then deposit your application either by post or by hand.
What should I do if the PIO or the concerned Department does not accept my application?
You can send it by post. You should also make a formal complaint to the respective Information Commission under section 18. The Information Commissioner has the power to impose a penalty of Rs 25000 on the concerned officer who refused to accept your application.
Is there an application form for seeking information?
For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. However, many states and some ministries and departments have prescribed formats. You should apply in these formats. Please read rules of respective states to know
How can I apply for information?
Draft your application on a normal sheet of paper and submit it by post or in person to the Public Information Officer (PIO). [Remember to keep a copy of the application for your personal reference]
How can I deposit my application fee?
Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:
•In person by paying cash [remember to take your receipt]
•By Post through:
•Demand Draft
•Indian Postal Order
•Money orders (only in some states)
•Affixing Court fee Stamp (only in some states)
•Banker’s cheque
•Some state governments have prescribed some head of account. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and despoist cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account alongwith your RTI application.
Please see respective state rules for complete details.
Can I submit my application only with the PIO?
No, in case the PIO is not available you can submit your application with the Assistant PIO or any other officer designated to accept the RTI applications.
Where can I locate the concerned PIO?
A list of PIOs/APIOs and Appellate Authorities for all Central and State departments/Ministries is available online at www.rti.gov.in
What if I can not locate my PIO or APIO?
In case you have problems locating your PIO/APIO you can address your RTI application to the PIO C/o Head of Department and send it to the concerned public authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.
Do I have to personally go to deposit my application?
Depending on your state rules for mode of payment you can deposit your application for information from the concerned departments of your state government via post by attaching a DD, Money Order, Postal Order or affixing Court fee Stamp
For all Central government departments the Department of Posts has designated 629 postal offices at the national level. The designated officers in these post offices work as Assistant PIOs and collect the application to forward to the concerned PIO. A list is available on http://www.indiapost.gov.in/rticontents.html
Is there a time limit to receiving information?
Yes. If you file your application with the PIO, you must receive information within 30 days.
In case you have filed your application with Assistant PIO then information has to be made available within 35 days.
In case the matter to which the information pertains affects the life and liberty of an individual, information has to be made available in 48 hours.
Do I have to give reasons why I want a particular information?
Absolutely not! You are not required to give any reasons or additional information other than your contact details (i.e., Name, Address, and Phone No.). Sec 6(2) clearly says that no information other than contact details of the applicant shall be asked.
Can the PIO refuse to accept my RTI application?
No. The PIO can not refuse to accept your application for information under any circumstances. Even if the information does not pertain to his/her department/jurisdiction, s/he has to accept it. If the application does not pertain to that PIO, he would have to transfer it to the right PIO within 5 days under sec 6(2).
Why is it that RTI works when no other law has worked
There have been many good laws in this country but none of those laws worked. Why do you think this law would work?
This law is already working. This is because for the first time in the history of independent India, there is a law which casts a direct accountability on the officer for non-performance. If concerned officer does not provide information in time, a penalty of Rs 250 per day of delay can be imposed by the Information Commissioner. If the information provided is false, a penalty of a maximum of Rs 25000 can be imposed. A penalty can also be imposed for providing incomplete or for rejecting your application for malafide reasons. This fine is deducted from the officer’s personal salary.
Has any penalty been imposed so far?
Yes, some officers have been penalized by the Central as well as State Information Commissioners.
Does the Applicant get the amount fined to the PIO?
No. The amount fined is deposited in the government treasury. However, under sec 19, the applicant can seek compensation.
What should I do if I do not receive satisfactory information
What can I do if I do not receive information?
If you do not receive information or are dissatisfied with the information received, you can file an appeal with the first appellate authority under section 19 (1) of the right to Information Act.
Who is a First Appellate authority?
Every public authority must designate a First Appellate Authority. This officer designated is the officer senior in rank to your PIO.
Is there a form for the first appeal?
No there is no form for filing a first appeal (but some state governments have prescribed a form). Draft your appeal application on a blank sheet of paper addressed to the First Appellate Authority. Remember to attach a copy of your original application and a copy of the reply in whatever form (if received) from the PIO.
Do I have to pay a fee for the first appeal?
No. You are not required to pay any fee for the first appeal. However, some state governments have prescribed a fee.
In how many days can I file my first appeal?
You can file your first appeal within 30 days of receipt of information or within 60 days of filing RTI application (if no information received).
What if I do not receive the information after the first appeal process?
If you do not receive information even after the first appeal then you can take the matter forward to the second appeal stage.
What is a second appeal?
A second appeal is the last option under the RTI Act to get the information requested. You can file second appeal with the Information Commission. For appeals against Central Government Departments, you have Central Information Commission (CIC). For every state Government, there is a State Information Commission.
Is there a form for the second appeal?
No there is no form for filing a second appeal (but some state governments have prescribed a form for second appeal too). Draft your appeal application on a normal sheet of paper addressed to the Central or State Information Commission. Carefully read the appeal rules before drafting your second appeal. Your second appeal application can be rejected if it does not comply with the appeal rules.
Do I have to pay a fee for the second appeal?
No. You are not required to pay any fee for the second appeal. However, some states have prescribed a fee for that.
In how many days can I file my second appeal?
You can file your second appeal within 90 days of disposal of first appeal or within 90 days of the date, by when first appeal was to be decided.
How does this law help me in getting my work done
How does this law work so effectively for pending works i.e. why is it that the government officials end up doing your work which they were not doing earlier?
Let us take the case of Nannu. He was not being given his ration card. But when he applied under RTI, he was given a card within a week. What did Nannu ask? He asked the following questions:
•I filed an application for a duplicate ration card on 27th January 2004. Please tell me the daily progress made on my application so far. i.e. when did my application reach which officer, for how long did it stay with that officer and what did he/she do during that period?
•According to the rules, my card should have been made in 10 days. However, it is more than three months now. Please give the names and designations of the officials who were supposed to take action on my application and who have not done so?
•What action would be taken against these officials for not doing their work and for causing harassment to the public? By when would that action be taken?
•By when would I get my card now?
In normal circumstances, such an application would be thrown in a dustbin. But this law says that the Government has to reply in 30 days. If they don’t do that, their salary could be deducted. Now, it is not easy to answer these questions.
The first question is – please provide the daily progress made on my application.
There is no progress made. But the government officials cannot write in these many words that they have not acted for so many months. Else that would be admission of guilt on paper.
The next question is – please provide the names and designations of the officers who were supposed to take action on my application and who had not done so
If the government provides names and designations of the officials, their responsibility gets fixed. Any officer is most scared of fixing of responsibility against him in this manner. So, the moment one files such an application, his/her pending work is done
.
What should I do after getting information?
There cannot be one answer for that. It depends on why you asked for that information and what type of information is it. Often a lot of things start falling in place just by asking for information. For instance, you would get your passport or a ration card just by your asking for the status of your application. In many cases, roads got repaired as soon as the money spent on its repairs in the last few repairs was asked. So, seeking information and questioning the government is an important step, which in itself is complete in many cases.
But suppose you expose some corruption or wrongdoing using RTI. Then, you can complain to vigilance agencies, CBI or even file an FIR. But it is seen that the Government does not take any action against the guilty even after repeated complaints. Though one can keep up the pressure on vigilance agencies by seeking to know the status of complaints under RTI, however, the wrongdoings can also be exposed through media. However, experience has not been very encouraging at getting guilty punished. But one thing is certain. Seeking information like this and exposing wrongdoings does improve the future. The officials get a clear message that the people of that area have become alert and any wrongdoings in future would not remain hidden as they were in the past. So, their risks of getting caught increase.
Won’t I be victimized if I used RTI
Have people been victimized who used RTI and exposed corruption?
Yes, there have been some instances where people were physically harmed when they sought information which exposed large scale corruption. But this does not mean that ever applicant faces such a threat. Filing application to seek status of your grievance or for knowing other similar routine matters does not invite any retaliation. It is only when information is likely to expose bureaucratic-contractor nexus or any kind of mafia that there could be a possibility of retaliation.
Then why should I use RTI?
The entire system has become so rotten that if all of us individually and together do not do our bit, it will never improve. If we don’t do it, who will? Therefore, we have to act. But we should do that with a strategy and minimize risks. And with experience, there are some safeguards and strategies available.
What are these strategies?
Please go ahead and file RTI application for any issue in the first instance. Normally, anyone would not attack you immediately. They would first try to cajole you or win you over. So, the moment you file any inconvenient application, someone would approach you very politely to request you to withdraw that application. You should gauge the seriousness or the potential of the person approaching you. If you consider it to be serious enough, ask 15 of your friends to immediately apply to the same public authority asking for same information. It would be better if these 15 friends were from different part of India. Now, it would be most difficult for anyone to target all of your 15 friends all across the country. And if they threaten anyone from amongst the 15, let more people file similar applications. Your friends from other parts of India can file their applications by post. Try and give it wide media publicity. This will ensure that you will get the requisite information, and you would have sufficiently minimized risks.
Bureaucracy’s fears
Can’t people blackmail government servants by obtaining information?
Let us ask ourselves – what does RTI do? It just brings truth in public domain. It does not create any information. It just removes curtains and brings truth in public domain. Is that bad? When can it be misused? Only if an officer has done something wrong and if that information comes out in public. Is it bad that wrongdoings within the Government should become public and be exposed rather than keeping it under wraps. Yes, once such information is obtained by someone, he could go and blackmail that officer. But why do we wish to protect wrong officers. If any officer is blackmailed, he/she has options available under Indian Penal Code to go register an FIR against a blackmailer. Let that officer do that. However, we can even avoid the possibility of any individual officer from being blackmailed by any individual complainant by putting all information, sought by any applicant, on the website. An applicant is able to blackmail an officer only when that applicant is the only person who obtained that information and threatens to make that public. But if all information sought by him were to be put on website, the possibility of blackmail would be substantially reduced.
Won’t Government get flooded with RTI applications and won’t it jam government machinery?
These fears are hypothetical. There are more than 65 countries in the world, which have RTI laws. There are nine states in India, who had RTI laws, before this law was passed by the Parliament. None of these Governments were flooded with applications. Such fear emanates from an assumption that the people do not have anything to do and are totally free. Filing an RTI application and pursuing it takes time, energies and resources. Unless a person really wants any information, he/she does not file it.
Let us consider some statistics. In Delhi, 14000 applications have been filed in 120 departments in more than 60 months. This means less than 2 applications per Department per month. Can we say that Delhi Government got flooded with RTI applications? In sharp contrast, US Government received 3.2 million applications under their RTI Act during 2003-04. This is despite the fact that unlike India, most of the Government information is already available on the net and there should be much less need for the people to file applications. But US Government is not contemplating scrapping the RTI Ac. On the contrary they are setting aside more and more resources to implement it. During the same year, they spent $ 32 million to implement it.
Won’t it require huge amount of resources to implement RTI Act?
Any amount of resources required to implement RTI Act would be well spent. Most countries like the US have realized it and are already spending huge resources to make their governments transparent. Firstly, all the cost spent on RTI gets more than recovered the same year by the amounts of money that the Government saves due to reduction in corruption and malpractices. For instance, there is strong evidence to show how leakages in drought relief program in Rajasthan and Public Distribution System in Delhi substantially reduced due to extensive use of RTI.
Secondly, RTI is very essential for democracy. It is a part of our fundamental right. For people to participate in governance, the pre-requisite is that they first know what is going on. So, just the way we treat all expenses made on the running of our Parliament as essential, we have to treat all expenses made in the implementation of RTI as essential.
But often people file applications to settle personal scores etc?
As written above, RTI simply brings truth in public domain. It does not create information. Any attempt at hiding truth or putting a cover over it is not in the best interests of society. Rather than serving any useful purpose, any attempt at promoting secrecy would only increase the scope for corruption and wrongdoing. Therefore, our entire efforts should be to make governance completely transparent. However, if anyone blackmails someone subsequently, there are ample provisions under law to address that. Secondly, there are sufficient safeguards under sec 8 of RTI Act. It states that any information, which relates to private affairs of any individual and has no public interest would not be disclosed. Therefore, the existing laws have sufficient provisions available to address genuine concerns of the people.
How to avoid people from filing frivolous applications?
THERE IS NO FRIVOLOUS APPLICATION. What is frivolous? My pending water connection could be the most critical issue for me, but it could be treated as frivolous by a bureaucrat. Some vested interests within the bureaucracy have raised this bogey of frivolous applications. Right now, RTI Act does not permit any application to be rejected on the ground that it was frivolous. But some section of bureaucracy want the PIO to be empowered to reject any application if he feels that it was frivolous. If that happens, every PIO will declare every other application to be frivolous and reject it. It would mean a death knell to RTI.
File notings should not be made public as that would prevent honest officers from rendering honest advice?
This is wrong. On the contrary, every officer would now know that whatever he writes on the file would be subject to public scrutiny. This would force him to write things which are in best public interest. Some honest bureaucrats have admitted in private that RTI has helped them immensely in warding off political and other undue influences. Now, the officers simply say that if they did the wrong thing, they might get exposed if someone asked for that information. Therefore, officers have started insisting that the seniors gave directions in writing. The Government is learnt to be contemplating removing file notings from the purview of RTI Act. For the above reasons, it is absolutely essential that file notings should be allowed to be covered under RTI Act.
Civil servant has to make decisions under many pressures and the public will not understand this?
As discussed above, on the contrary, possibility of exposures to illegitimate pressures would reduce.
Government records are not in proper shape. How could RTI be implemented?
RTI would force the system to start maintaining records properly now. Else the officials would face a penalty under the Act
Applications seeking voluminous information should be rejected?
If I seek for some information, which runs into a lakh of pages, I would do that only if I need it because I will have to pay Rs 2 lakhs for that.This is an automatic deterrent. If application were rejected only on this account, the applicant could break his application and file 1000 applications seeking 100 pages through each application, which would not benefit anyone. Therefore, applications should not be rejected only on this pretext.
People should be allowed to seek information only about themselves. They should not be allowed to ask questions about other spheres of governance, totally unrelated to the.
Sec 6(2) of RTI Act clearly says an applicant cannot be questioned why he/she were asking for any information. In any case, RTI flows from the fact that people pay taxes, This money belongs to them and therefore, they have a right to know how their money were being spent and how they were being governed. So, people have a right to know everything about every sphere of governance. They may or may not be directly related to the matter. So, even a person living in Delhi can ask for any information from say, Tamil Nadu.
Showing posts with label THE RTI ACT 2005. Show all posts
Showing posts with label THE RTI ACT 2005. Show all posts
Sunday, December 12, 2010
Monday, December 06, 2010
THE RTI ACT,2005 how to apply
Que: Where and how do I lodge a complaint?
Ans:
•One may approach the Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066 [www.cic.gov.in], for the complaints related to information of central government public authorities.
•One has to approach State Information Commissions (SIC), for the complaints with respect to public authorities of State Governments.
•In case of information on public authorities of State Governments, complaints have to be lodged with respective State Information Commissions
•It is advisable to simultaneously approach head of the organization or government department at capital-level [secretary/chief secretary] for his intervention. This may help get information
•After lodging complaint, please check from concerned website if the same is registered and registration number and status
•Send a copy of complaint to Public Information Officer/First Appellate Authority simultaneous with Central Information Commission /State Information Commission
•Complaint is in addition to Second/final Appeal available to applicants
Que: Are there any prescribed formats for lodging the complaint? & What all can be asked for in the complaint?
•C I C and some of the S I C’s have prescribed minimum information or papers that must be submitted with the complaint.
•Some State Information Commission have prescribed format for complaint
•You may also ask for punishment to Public Information Officer/First Appellate Authority under the act and also claim compensation for not getting the information in time.
•In case of information pertaining to life and liberty, the complaint should be conspicuously branded as “Life & Liberty-Urgent” so that priority is accorded for its disposal before it is too late. Follow-up through email is recommended if available with State Information Commission
Que : Do I have to pay any fee/ charges for lodging a complaint ?
•Central Information Commission does not charge any fee for complaints. Some State Information Commission charge fees for this purpose
•There is no time limit for lodging complaint, but it is advisable to lodge the same within reasonable time of happening of cause for complaint
Que: How can I get the response to the complaint lodged by me?
•At times Public Information Officer/First Appellate Authority solves your problem before hearing at Central Information Commission/State Information Commission
•Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.
Public Information Officer/First Appellate Authority is flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard
Que: How to write an application?
Ans: While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:
•Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper.
•The matter can be hand written, or typed. There is no compulsion of typing the content
•Make sure the application is legible and easy to read
•While asking for information there is no restriction on number of pages
•There is no restriction on number of questions that can be asked in one application. However, it is advisable to ask with limited set of questions and only related questions with one application.
•One may ask as many short questions that he / she may like to. But don't ask for large information at a go.
•In the application always write your name and put your signature, there is no need to mention your ‘ post/designation ‘ as any citizen has the right to information
•Never ask a direct question beginning with ‘ Why’, as it is liable to be rejected for not being covered under RTI
For example, questions like ‘why you failed to pass the bill?’, is liable to be rejected
•Ask for reasons behind an "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person"
•If the information sought is voluminous, it is better to ask it in the form of CD to save on cost
•Remember that, you do not need to write the reason for asking the information
•Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details etc., towards the end of your application
Que : To whom should the application be addressed ?
Ans:
•Write the details of Public Information officer, name, address etc. whom you want to apply to.
•In case you have problems locating your Public Information Officer/Assistant Public Information Officer, you can address your RTI application to the Public Information Officer, C/o Head of Department and send it to the concerned Public Authority with the requisite application fee.
•The Head of Department will have to forward your application to the concerned Public Information Officer.
•Do not mention the specific name of the Public Information Officer on your application form, as there is every chance that he might get transferred, or a new person is designated in his place.
Que: Are their separate rules and charges for application process in different states?
Ans :
•Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI.
•The amount of fees and the mode of payment vary from state to state and you should check the correct rules as applicable in your case.
◦One may deposit his/her application fee via:
•In person by paying cash [remember to take your receipt]
•By Post through:
◦Demand Draft/Bankers Cheque
◦Indian Postal Order
◦Money orders (only in some states)
◦Affixing Court fee Stamp (only in some states)
•Some state governments have prescribed some head of account. You are required to deposit fee in that account. For this –
◦ You can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. –Or-
◦ You can also send a postal order or a DD drawn in favour of that account along with your RTI application.
•For Public Authorities under Central RTI rules, DoPT have recently clarified that BC/DD/IPO can be in favour of "Accounts Officer".
Que: How to write First Appeal under RTI?
Ans: Please follow these guidelines while filing 1st Appeal under Right to Information Act 2005:
•First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA)
•If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIO
•Find out name, designation and address of first appellate authority from the decision letter of CPIO.
•If no reply is received, visit the web-site of the government department / office / undertaking and refer RTI icon for these details
•Despite above efforts, if you are not in a position to locate details of First Appellate Authority, address your first appeal as under:
The First Appellate Authority under RTI Act 2005
C/O Head of _______________Department/office
(Also mention address of Chief Public Information Officer department/office)
•If you want to be present during the first appeal hearing, mention it at the end of your appeal
•No fee is prescribed for first appeal for Public Authorities under the Central Government
•Some States have a prescribed fee and a specified format for First Appeal
•All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature
•Retain one set of appeal and postal receipt and AD receipt
•You can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoided
•FAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writing
•The First Appellate Authority can give either a "spoken" order or a written order
Que: How to File a Second Appeal under RTI?
Ans:
•Fill your appeal form (given below), index and chronological order of progress.
•If you are filing appeal remove ‘complaint/complainant’ words.
•If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.
Get one photocopy of:
•Original application under RTI with its enclosures
•First appeal with its enclosures
•Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other charges
•Copy of demand letter of CPIO for charges if any
•Postal proof of mailing original application and first appeal
•Postal AD slips/official acknowledgement received from Chief Public Information Officer and First Appellate Authority
•Decisions of Chief Public Information Officer and First Appellate Authority if received
•Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint
•Prepare additional four sets as above by photocopying
•Sign each page of appeal, index and chronology chart [all five sets]
•Self attest all the photocopies by signing under the word “Attested”
•Send one set by speed/registered/UPC post to each of Chief Public Information Officer and First Appellate Authority and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart
•Mail original set and one extra copy of set by registered AD to the commission at the following address:
The Registrar,
CENTRAL INFORMATION COMMISSION
II floor, August Kranti Bhavan,
Bhikaji Kama Place,
NEW DELHI 110066
•Avoid courier services
•Retain one set for your record for reference, with proof of mailing and AD received from Chief Information Commission/ Chief Public Information Officer/ First Appellate Authority for having received second appeal/complaint
•If postal AD card is not received or acknowledgement letter is not received from Chief Information Commission within 15 days of mailing,
◦You may send a copy by speed post only second appeal/complaint [without enclosures] with a request to trace the same at Chief Information Commission. Photocopy of registered post receipt may also be mailed to CIC
•You can also consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally free
Que: Who can get information under Right to Information Act?
Ans:
•Any citizen of India can get information under these RTI.
•The Act extends to the whole of India except the State of Jammu and Kashmir.
•OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) cardholders can also get information under this Act.
◦For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy / Consulate / High Commission who will inform the applicant regarding the amount of application fee in local currency as well as the mode of payment.
Que: How to submit a RTI Application?
Ans: To ensure that you your RTI application has been received by the Public Information Officer, and to enable you to have a proof of submission. The following are the tested methods to submit a RTI application:
•Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the Public Information Officer or by the inward department
•Registered Post Acknowledgement Due (AD): The AD card will act as proof of submission, after the postal department returns it to you. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the dispatching post office to get the AD card completed
•Speed Post (A postal department service): Once the application is sent by Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with you
•Do not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery
Ans:
•One may approach the Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066 [www.cic.gov.in], for the complaints related to information of central government public authorities.
•One has to approach State Information Commissions (SIC), for the complaints with respect to public authorities of State Governments.
•In case of information on public authorities of State Governments, complaints have to be lodged with respective State Information Commissions
•It is advisable to simultaneously approach head of the organization or government department at capital-level [secretary/chief secretary] for his intervention. This may help get information
•After lodging complaint, please check from concerned website if the same is registered and registration number and status
•Send a copy of complaint to Public Information Officer/First Appellate Authority simultaneous with Central Information Commission /State Information Commission
•Complaint is in addition to Second/final Appeal available to applicants
Que: Are there any prescribed formats for lodging the complaint? & What all can be asked for in the complaint?
•C I C and some of the S I C’s have prescribed minimum information or papers that must be submitted with the complaint.
•Some State Information Commission have prescribed format for complaint
•You may also ask for punishment to Public Information Officer/First Appellate Authority under the act and also claim compensation for not getting the information in time.
•In case of information pertaining to life and liberty, the complaint should be conspicuously branded as “Life & Liberty-Urgent” so that priority is accorded for its disposal before it is too late. Follow-up through email is recommended if available with State Information Commission
Que : Do I have to pay any fee/ charges for lodging a complaint ?
•Central Information Commission does not charge any fee for complaints. Some State Information Commission charge fees for this purpose
•There is no time limit for lodging complaint, but it is advisable to lodge the same within reasonable time of happening of cause for complaint
Que: How can I get the response to the complaint lodged by me?
•At times Public Information Officer/First Appellate Authority solves your problem before hearing at Central Information Commission/State Information Commission
•Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.
Public Information Officer/First Appellate Authority is flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard
Que: How to write an application?
Ans: While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:
•Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper.
•The matter can be hand written, or typed. There is no compulsion of typing the content
•Make sure the application is legible and easy to read
•While asking for information there is no restriction on number of pages
•There is no restriction on number of questions that can be asked in one application. However, it is advisable to ask with limited set of questions and only related questions with one application.
•One may ask as many short questions that he / she may like to. But don't ask for large information at a go.
•In the application always write your name and put your signature, there is no need to mention your ‘ post/designation ‘ as any citizen has the right to information
•Never ask a direct question beginning with ‘ Why’, as it is liable to be rejected for not being covered under RTI
For example, questions like ‘why you failed to pass the bill?’, is liable to be rejected
•Ask for reasons behind an "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person"
•If the information sought is voluminous, it is better to ask it in the form of CD to save on cost
•Remember that, you do not need to write the reason for asking the information
•Mention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details etc., towards the end of your application
Que : To whom should the application be addressed ?
Ans:
•Write the details of Public Information officer, name, address etc. whom you want to apply to.
•In case you have problems locating your Public Information Officer/Assistant Public Information Officer, you can address your RTI application to the Public Information Officer, C/o Head of Department and send it to the concerned Public Authority with the requisite application fee.
•The Head of Department will have to forward your application to the concerned Public Information Officer.
•Do not mention the specific name of the Public Information Officer on your application form, as there is every chance that he might get transferred, or a new person is designated in his place.
Que: Are their separate rules and charges for application process in different states?
Ans :
•Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI.
•The amount of fees and the mode of payment vary from state to state and you should check the correct rules as applicable in your case.
◦One may deposit his/her application fee via:
•In person by paying cash [remember to take your receipt]
•By Post through:
◦Demand Draft/Bankers Cheque
◦Indian Postal Order
◦Money orders (only in some states)
◦Affixing Court fee Stamp (only in some states)
•Some state governments have prescribed some head of account. You are required to deposit fee in that account. For this –
◦ You can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. –Or-
◦ You can also send a postal order or a DD drawn in favour of that account along with your RTI application.
•For Public Authorities under Central RTI rules, DoPT have recently clarified that BC/DD/IPO can be in favour of "Accounts Officer".
Que: How to write First Appeal under RTI?
Ans: Please follow these guidelines while filing 1st Appeal under Right to Information Act 2005:
•First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA)
•If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIO
•Find out name, designation and address of first appellate authority from the decision letter of CPIO.
•If no reply is received, visit the web-site of the government department / office / undertaking and refer RTI icon for these details
•Despite above efforts, if you are not in a position to locate details of First Appellate Authority, address your first appeal as under:
The First Appellate Authority under RTI Act 2005
C/O Head of _______________Department/office
(Also mention address of Chief Public Information Officer department/office)
•If you want to be present during the first appeal hearing, mention it at the end of your appeal
•No fee is prescribed for first appeal for Public Authorities under the Central Government
•Some States have a prescribed fee and a specified format for First Appeal
•All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signature
•Retain one set of appeal and postal receipt and AD receipt
•You can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoided
•FAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writing
•The First Appellate Authority can give either a "spoken" order or a written order
Que: How to File a Second Appeal under RTI?
Ans:
•Fill your appeal form (given below), index and chronological order of progress.
•If you are filing appeal remove ‘complaint/complainant’ words.
•If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.
Get one photocopy of:
•Original application under RTI with its enclosures
•First appeal with its enclosures
•Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other charges
•Copy of demand letter of CPIO for charges if any
•Postal proof of mailing original application and first appeal
•Postal AD slips/official acknowledgement received from Chief Public Information Officer and First Appellate Authority
•Decisions of Chief Public Information Officer and First Appellate Authority if received
•Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint
•Prepare additional four sets as above by photocopying
•Sign each page of appeal, index and chronology chart [all five sets]
•Self attest all the photocopies by signing under the word “Attested”
•Send one set by speed/registered/UPC post to each of Chief Public Information Officer and First Appellate Authority and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart
•Mail original set and one extra copy of set by registered AD to the commission at the following address:
The Registrar,
CENTRAL INFORMATION COMMISSION
II floor, August Kranti Bhavan,
Bhikaji Kama Place,
NEW DELHI 110066
•Avoid courier services
•Retain one set for your record for reference, with proof of mailing and AD received from Chief Information Commission/ Chief Public Information Officer/ First Appellate Authority for having received second appeal/complaint
•If postal AD card is not received or acknowledgement letter is not received from Chief Information Commission within 15 days of mailing,
◦You may send a copy by speed post only second appeal/complaint [without enclosures] with a request to trace the same at Chief Information Commission. Photocopy of registered post receipt may also be mailed to CIC
•You can also consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally free
Que: Who can get information under Right to Information Act?
Ans:
•Any citizen of India can get information under these RTI.
•The Act extends to the whole of India except the State of Jammu and Kashmir.
•OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) cardholders can also get information under this Act.
◦For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy / Consulate / High Commission who will inform the applicant regarding the amount of application fee in local currency as well as the mode of payment.
Que: How to submit a RTI Application?
Ans: To ensure that you your RTI application has been received by the Public Information Officer, and to enable you to have a proof of submission. The following are the tested methods to submit a RTI application:
•Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the Public Information Officer or by the inward department
•Registered Post Acknowledgement Due (AD): The AD card will act as proof of submission, after the postal department returns it to you. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the dispatching post office to get the AD card completed
•Speed Post (A postal department service): Once the application is sent by Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with you
•Do not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery
THE RTI ACT,2005 the format of application
(Please make appropriate changes, if you so wish):
I. Please indicate the daily progress made on my application/ return/petition/ grievance so far. i.e. when did my application/ return/petition/grievance reach which officer, for how long did it stay with that officer and what did he/she do during that period?
II. Please give the names and designations of the officials who were supposed to take action on my application/return/petition/ grievance and who have not done so?
III. What action would be taken against these officials for not doing their work and for causing harassment to the public? By when would that action be taken?
IV. By when would my work be done now?
V. Please give me a list of all the
applications/returns/petitions/ grievances received, after my application/return/petition/ grievance was received. The list should contain the following information:
• Name of applicant/taxpayer/petitioner/aggrieved person/Receipt no
• Date of application/return/petition/grievance
• Date of disposal
VI. Please give copy or print out of those portions of records, which contain details of receipt of the above applications/returns/ petitions/grievances.
VII. Please give reasons for out of turn disposal of the applications/ returns/ petitions/ grievances, if any, which were received after me.
VIII. By when would vigilance enquiries be initiated in the above matter of out of turn disposal of applications/returns/petitions/grievances, if any?
FAQ’s on How to apply for Information
Que: Where and how do I lodge a complaint?
Ans:
One may approach the Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066 [www.cic.gov.in], for the complaints related to information of central government public authorities.One has to approach State Information Commissions (SIC), for the complaints with respect to public authorities of State Governments.In case of information on public authorities of State Governments, complaints have to be lodged with respective State Information CommissionsIt is advisable to simultaneously approach head of the organization or government department at capital-level [secretary/chief secretary] for his intervention. This may help get informationAfter lodging complaint, please check from concerned website if the same is registered and registration number and statusSend a copy of complaint to Public Information Officer/First Appellate Authority simultaneous with Central Information Commission /State Information CommissionComplaint is in addition to Second/final Appeal available to applicantsQue: Are there any prescribed formats for lodging the complaint? & What all can be asked for in the complaint?
C I C and some of the S I C’s have prescribed minimum information or papers that must be submitted with the complaint.Some State Information Commission have prescribed format for complaintYou may also ask for punishment to Public Information Officer/First Appellate Authority under the act and also claim compensation for not getting the information in time.In case of information pertaining to life and liberty, the complaint should be conspicuously branded as “Life & Liberty-Urgent” so that priority is accorded for its disposal before it is too late. Follow-up through email is recommended if available with State Information CommissionQue : Do I have to pay any fee/ charges for lodging a complaint ?
Central Information Commission does not charge any fee for complaints. Some State Information Commission charge fees for this purposeThere is no time limit for lodging complaint, but it is advisable to lodge the same within reasonable time of happening of cause for complaintQue: How can I get the response to the complaint lodged by me?
At times Public Information Officer/First Appellate Authority solves your problem before hearing at Central Information Commission/State Information CommissionInformation Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.Public Information Officer/First Appellate Authority is flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard
Que: How to write an application?
Ans: While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:
Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper.The matter can be hand written, or typed. There is no compulsion of typing the contentMake sure the application is legible and easy to readWhile asking for information there is no restriction on number of pagesThere is no restriction on number of questions that can be asked in one application. However, it is advisable to ask with limited set of questions and only related questions with one application.One may ask as many short questions that he / she may like to. But don't ask for large information at a go.In the application always write your name and put your signature, there is no need to mention your ‘ post/designation ‘ as any citizen has the right to informationNever ask a direct question beginning with ‘ Why’, as it is liable to be rejected for not being covered under RTIFor example, questions like ‘why you failed to pass the bill?’, is liable to be rejected
Ask for reasons behind an "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person"If the information sought is voluminous, it is better to ask it in the form of CD to save on costRemember that, you do not need to write the reason for asking the informationMention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details etc., towards the end of your applicationQue : To whom should the application be addressed ?
Ans: Write the details of Public Information officer, name, address etc. whom you want to apply to.In case you have problems locating your Public Information Officer/Assistant Public Information Officer, you can address your RTI application to the Public Information Officer, C/o Head of Department and send it to the concerned Public Authority with the requisite application fee.The Head of Department will have to forward your application to the concerned Public Information Officer.Do not mention the specific name of the Public Information Officer on your application form, as there is every chance that he might get transferred, or a new person is designated in his place.Que: Are their separate rules and charges for application process in different states?
Ans :
Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI.The amount of fees and the mode of payment vary from state to state and you should check the correct rules as applicable in your case.One may deposit his/her application fee via:In person by paying cash [remember to take your receipt]By Post through:Demand Draft/Bankers ChequeIndian Postal OrderMoney orders (only in some states)Affixing Court fee Stamp (only in some states)Some state governments have prescribed some head of account. You are required to deposit fee in that account. For this – You can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. –Or- You can also send a postal order or a DD drawn in favour of that account along with your RTI application.For Public Authorities under Central RTI rules, DoPT have recently clarified that BC/DD/IPO can be in favour of "Accounts Officer".Que: How to write First Appeal under RTI?
Ans: Please follow these guidelines while filing 1st Appeal under Right to Information Act 2005:
First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA)If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIOFind out name, designation and address of first appellate authority from the decision letter of CPIO.If no reply is received, visit the web-site of the government department / office / undertaking and refer RTI icon for these detailsDespite above efforts, if you are not in a position to locate details of First Appellate Authority, address your first appeal as under:
The First Appellate Authority under RTI Act 2005
C/O Head of _______________Department/office
(Also mention address of Chief Public Information Officer department/office)
If you want to be present during the first appeal hearing, mention it at the end of your appealNo fee is prescribed for first appeal for Public Authorities under the Central GovernmentSome States have a prescribed fee and a specified format for First AppealAll photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signatureRetain one set of appeal and postal receipt and AD receiptYou can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoidedFAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writingThe First Appellate Authority can give either a "spoken" order or a written orderQue: How to File a Second Appeal under RTI?
Ans:
Fill your appeal form (given below), index and chronological order of progress.If you are filing appeal remove ‘complaint/complainant’ words.If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.Get one photocopy of:
Original application under RTI with its enclosuresFirst appeal with its enclosuresBank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other chargesCopy of demand letter of CPIO for charges if anyPostal proof of mailing original application and first appealPostal AD slips/official acknowledgement received from Chief Public Information Officer and First Appellate AuthorityDecisions of Chief Public Information Officer and First Appellate Authority if receivedArrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaintPrepare additional four sets as above by photocopyingSign each page of appeal, index and chronology chart [all five sets]Self attest all the photocopies by signing under the word “Attested”Send one set by speed/registered/UPC post to each of Chief Public Information Officer and First Appellate Authority and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chartMail original set and one extra copy of set by registered AD to the commission at the following address:
The Registrar,
CENTRAL INFORMATION COMMISSION
II floor, August Kranti Bhavan,
Bhikaji Kama Place,
NEW DELHI 110066Avoid courier servicesRetain one set for your record for reference, with proof of mailing and AD received from Chief Information Commission/ Chief Public Information Officer/ First Appellate Authority for having received second appeal/complaintIf postal AD card is not received or acknowledgement letter is not received from Chief Information Commission within 15 days of mailing,You may send a copy by speed post only second appeal/complaint [without enclosures] with a request to trace the same at Chief Information Commission. Photocopy of registered post receipt may also be mailed to CICYou can also consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally freeQue: Who can get information under Right to Information Act?
Ans:
Any citizen of India can get information under these RTI.The Act extends to the whole of India except the State of Jammu and Kashmir.OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) cardholders can also get information under this Act.For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy / Consulate / High Commission who will inform the applicant regarding the amount of application fee in local currency as well as the mode of payment.Que: How to submit a RTI Application?
Ans: To ensure that you your RTI application has been received by the Public Information Officer, and to enable you to have a proof of submission. The following are the tested methods to submit a RTI application:
Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the Public Information Officer or by the inward departmentRegistered Post Acknowledgement Due (AD): The AD card will act as proof of submission, after the postal department returns it to you. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the dispatching post office to get the AD card completedSpeed Post (A postal department service): Once the application is sent by Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with youDo not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery
State wise fee structure & process of application
Andaman and Nicobar (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:
1. By post: Please make Rs 25 Demand Draft/ Banker’s Cheque payable to the accounts officer of the public authority and send your application to the concerned PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Andhra Pradesh
Fee:
• No fee for applications to public authorities at the Village level
• Rs 5/- per application to public authorities at the Mandal level
• Rs 10/- per application to all other public authorities
You can deposit your fees in the following manner:
1. By post: Please make a Demand Draft/ Banker’s Cheque payable to the accounts officer or any other duly authorised officer of the public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Arunachal Pradesh
Fee:
• Rs. 500 per application fee for information relating to tender documents/bids/quotations/Business contracts.
• For all other types of information Rs. 50 per application.
You can deposit your fees in the following manner:
By post: Please deposit fees through Treasury Challan in Head of Account”0070 other administrative charges”. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
Asom
You can deposit your fees in the following manner:
1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque in the favour of accounts officer or any other duly authorised officer of the public authority and through Treasury Challan under the Head of Account “0070-other Administrative Services” and send your application to the PIO. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account along with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Bihar
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque /Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
*Since the state has not yet formulated rules, the applicant may attempt depositing the application according to the Central rules.
Central Government
You can deposit your fees in the following manner: 1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque/ Postal Order in the favour of accounts officer or any other duly authorised officer of the public authority. Send your application to the PIO.
2. Through Post offices: You can also deposit your application in any of 629 designated postal offices across the country. Only applications for central govt. ministries/departments will be accepted at these post offices.
3. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Chandigarh
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Chhattisgarh
Fee: For information sought by persons below poverty line:
a) If the information sought relates to his/her life then the information will be provided in the form in which it is demanded.
b) If the information sought is not pertaining to self but if the information can be given in 50 photocopied pages (of A4 size) or the cost of production of information is within Rs. 100 (Rupees one hundred only) then the sought information will be provided in the form it is sought.
c) If the information sought involves photocopying of more than 50 pages or the cost of production exceeds Rs. 100 (Rupees one hundred only) then by recording reasons under section 7(9) of the Act the applicant will be requested to inspect the records/files in the office.
(B) For the Information sought in question-answer form (for non-BPL people); If the information pertains to individual life of the applicant then the information will be provided in form demanded. But the cost of such information produced will be Rs.100 (Rupees one hundred only) per page. 1. By post: Please deposit your fee through Treasury Challan in the Head of Account “0070 --Sub head account- 800- Other administrative charges” and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Dadar Nagar Haveli (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Daman and Diu (UT)
By post: Please deposit your fee of Rs 25 through challan in Form- II payable at treasury (i.e., State Bank of India, Daman and State Bank of Saurashtra, Diu).
Delhi (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Goa
1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Gujarat
1. By post: Please make a Rs. 20 Demand Draft/Pay Order payable to the accounts officer of the concerned public authority or affix Non-judicial stamps and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Haryana
1. By post: An application fee of Rs. 50 shall be deposited with the SPIO/SAPIO by Treasury Challan. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the SPIO/SAPIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Himachal Pradesh
By post: Rs. 10 Fees/ Charges shall be deposited in a Government Treasury under the head of account “0070 – OAS, 60 – OS, 800 –OR, 11 – Receipt head under Right to Information Act, 2005”. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
Jharkhand
1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Karnataka
1. By post: The fee of Rs. 10 shall be collected in the form of Indian postal order or D.D. or Bankers Cheque or Pay order drawn in favour of the State PIO or by remitting it to the Treasury as per Karnataka Financial Code (KFC).
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Kerala
1. By post: The fee of Rs. 10 shall be paid through D.D./Bankers Cheque/Pay order payable to the State PIO or SAPIO or by affixing Court fee Stamp or by remitting the amount in the Government Treasury, under the head of account “0070 other administrative services-60 other services-800 other receipts-42 other items”, For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Lakshadweep (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office. Madhya Pradesh 1. By post: Please affix a Rs. 10 non-judicial stamp and send your application to the concerned PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Maharashtra
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable or by Money Order to the public authority or affix Rs.10 Court Fee Stamp and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Manipur
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Meghalaya
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Mizoram
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Nagaland
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ payable to the accounts officer/head of department/head of office of the concerned public authority or the government department/office and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Orissa
1. By post: The application fee of Rs 20 in shape of Treasury Challan in the Schedule under the appropriate head of account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Puducherry (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Punjab
1. By post: Please make a Rs. 50 Demand Draft/Cheque or Treasury Challan. For Treasury Challan, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Rajasthan
1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to Public Authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Sikkim
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
TamilNadu
1. By post: Please make Rs 50 Demand Draft/ Banker’s Cheque payable to the Head of account as maybe specified by the public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Tripura
In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay Rs. 20 as fee in cash in his office.
Uttarakhand
1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Uttar Pradesh
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable to the accounts officer in the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
West Bengal
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Source: http://www.ndtv.com/rti/genboard/subfees.asp
Note: If you have any success stories/problems regarding RTI Act, Please send us via e-mail or discussion forum.
Search Site
Advanced Search…
--------------------------------------------------------------------------------
Last modified:: June 30, 2010 About Us
Link to Us
Contact Us
Disclaimer
Best viewed:IE7.0 1024x768px
You are visitor no.: 00003402 ©2006-2010 C-DAC. All rights reserved.
Powered by Plone CMS, the Open Source Content Management System This site conforms to the following standards:
Section 508 WCAG Valid XHTML Valid CSS Usable in any browser
Bookmark & ShareXSelect from these web-based feed readers:
AOLBloglinesGoogle ReaderMy MSNNetvibesNewsisfreePageflakesYahooNo matching services..netShoutout100zakladok2 Tag2linkmeA1‑WebmarksAdd.ioAdifniAeroAll My FavesAmazonAmen Me!AOL MailArtoAviary CaptureBaangBaiduBeboBentioBiggerPocketsBit.lyBizSugarBleetboxBlinklistBlipBloggerBloggyBlogmarksBlogtrottrBlurpaliciousBoardliteBobrdobrBonzoBoxBookmarkedBookmarkingNetBookmarky.czBookmerkenBordomBox.netBrainifyBryderi.seBuddyMarksBuzzzyCamyooCare2ChiqCiripCiteULikeClassicalPlaceClickazooclp.lyCndigColivia.deCommunicateConnoteaCOSMiQDeliciousDesignBumpDesignmooDigaCulturaDiggDiggitaDiglogDigoDigThisHostDigzignDiigoDipdiveDoMelhorDostiDotNetKicksDotShareDoubanDrimioDropjackDwelliciousDzoneEdelighteKudoselefanta.plEmailEmbarkonseuCliqueiEvernoteextraplayEzySpotFabulously40FacebookFarkFarkindaFAVableFavesfavlogFavoritenFavoritesFavoritusFlakerFloss.proFolkdFollowTagsforceindyaFreeDictionaryFresquiFriendFeedFriendsterfunPfwispGabbrGacetillaGamekickerGiveALinkGlobalGrindGmailGood NoowsGoogleGoogle BuzzGoogle ReaderGraveeGreaterDebaterGrono.netGrumperHaber.gen.trHacker NewsHadash HotHatenaHazarkorHealthimizeHedgehogsHelloTxtHipstrHitmarksHot BookmarkHotklixHotmailHTML ValidatorHyvesideaREF!Identi.caihavegotInformazioneInstapaperiOrbixiSocietyiWiWJamespotJiskoJoliPrintJumptagsKaboodleKaevurKipupKiRTSYKledyKommentingLa tafaneraLaaikitLadenzeileLibrerioLifestreamLink NinjaLink-a-GogoLinkedInLinks GutterLinkSharesLinkuj.czLivefavorisLiveJournalLockerBloggerLogger24LynkiMarkmeMashbordMawindoMecchomeinVZMekusharimMemori.ruMenéameMessengerMindbodygreenMister WongMixxMoemesto.rumototagzmRcNEtwORKMultiplymyAOLMylinkvaultMySpaceN4GNetLogNetvibesNetvouzNewsTrustNewsvineNujijOKNOtizieOneviewOrkutOsmosusOyylaPackgPafnetPDF OnlinePDFmyURLPhoneFavsPimpThisBlogPing.fmPlanypusPlaxoPlurkPochvalPopEditionPosteezyPosterousPrati.baPrintPrintFriendlyPushaQRF.inQuantcastQzoneRead It Laterreceeve.itRedditRediff MyPageRedKumScoop.atSegnaloSekomanShavehShe Told MeSimpySina WeiboSlashdotSMISodaHeadSonicoSpeedtileSphinnSpoken To YousportpostspringpadSpruzerSquidooStartaidStartlapStoryFollowerstudiVZStuffpitStumbleUponStumpediaStylehiveSurfpeopleSvejoSymbalooTagMarks.deTagvnTagzaTarpipeTellMyPoliticianThe Web BlendThinkfinityThisNextThrowpileTip'dTopSitelerTransferrTranslateTulinqTumblrTusulTvinxTweetMemeTwitterTwitThisTypepadUrlaubswerkViadeoVirbVisitezMonSiteVKontakteVybraliSMEVyoomWebnewsWhois LookupWindy CitizenWireFanWordPressWorioWykopXangaY! BookmarksY! BuzzY! MailYammerYardbarkerYiggYoolinkYorumcuyumYoublrYoubookmarksYouMobZakladok.netZanaticZooLooDoneMessage sent! Share again.
Sending message...AddThis for Internet ExplorerMake sharing easier with AddThis for Internet Explorer.Download
Don't show theseTo: (email address)From: (email address)Note: (optional)255 character limitMore:Get the ToolbarPrivacyAddThis
I. Please indicate the daily progress made on my application/ return/petition/ grievance so far. i.e. when did my application/ return/petition/grievance reach which officer, for how long did it stay with that officer and what did he/she do during that period?
II. Please give the names and designations of the officials who were supposed to take action on my application/return/petition/ grievance and who have not done so?
III. What action would be taken against these officials for not doing their work and for causing harassment to the public? By when would that action be taken?
IV. By when would my work be done now?
V. Please give me a list of all the
applications/returns/petitions/ grievances received, after my application/return/petition/ grievance was received. The list should contain the following information:
• Name of applicant/taxpayer/petitioner/aggrieved person/Receipt no
• Date of application/return/petition/grievance
• Date of disposal
VI. Please give copy or print out of those portions of records, which contain details of receipt of the above applications/returns/ petitions/grievances.
VII. Please give reasons for out of turn disposal of the applications/ returns/ petitions/ grievances, if any, which were received after me.
VIII. By when would vigilance enquiries be initiated in the above matter of out of turn disposal of applications/returns/petitions/grievances, if any?
FAQ’s on How to apply for Information
Que: Where and how do I lodge a complaint?
Ans:
One may approach the Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066 [www.cic.gov.in], for the complaints related to information of central government public authorities.One has to approach State Information Commissions (SIC), for the complaints with respect to public authorities of State Governments.In case of information on public authorities of State Governments, complaints have to be lodged with respective State Information CommissionsIt is advisable to simultaneously approach head of the organization or government department at capital-level [secretary/chief secretary] for his intervention. This may help get informationAfter lodging complaint, please check from concerned website if the same is registered and registration number and statusSend a copy of complaint to Public Information Officer/First Appellate Authority simultaneous with Central Information Commission /State Information CommissionComplaint is in addition to Second/final Appeal available to applicantsQue: Are there any prescribed formats for lodging the complaint? & What all can be asked for in the complaint?
C I C and some of the S I C’s have prescribed minimum information or papers that must be submitted with the complaint.Some State Information Commission have prescribed format for complaintYou may also ask for punishment to Public Information Officer/First Appellate Authority under the act and also claim compensation for not getting the information in time.In case of information pertaining to life and liberty, the complaint should be conspicuously branded as “Life & Liberty-Urgent” so that priority is accorded for its disposal before it is too late. Follow-up through email is recommended if available with State Information CommissionQue : Do I have to pay any fee/ charges for lodging a complaint ?
Central Information Commission does not charge any fee for complaints. Some State Information Commission charge fees for this purposeThere is no time limit for lodging complaint, but it is advisable to lodge the same within reasonable time of happening of cause for complaintQue: How can I get the response to the complaint lodged by me?
At times Public Information Officer/First Appellate Authority solves your problem before hearing at Central Information Commission/State Information CommissionInformation Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.Public Information Officer/First Appellate Authority is flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard
Que: How to write an application?
Ans: While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:
Use a white sheet of paper to write an application. There is no need to using Note-sheet, or the Court stamp paper.The matter can be hand written, or typed. There is no compulsion of typing the contentMake sure the application is legible and easy to readWhile asking for information there is no restriction on number of pagesThere is no restriction on number of questions that can be asked in one application. However, it is advisable to ask with limited set of questions and only related questions with one application.One may ask as many short questions that he / she may like to. But don't ask for large information at a go.In the application always write your name and put your signature, there is no need to mention your ‘ post/designation ‘ as any citizen has the right to informationNever ask a direct question beginning with ‘ Why’, as it is liable to be rejected for not being covered under RTIFor example, questions like ‘why you failed to pass the bill?’, is liable to be rejected
Ask for reasons behind an "administrative" or a "quasi-judicial" decision under Section 4(1)(d), especially if you are a "affected person"If the information sought is voluminous, it is better to ask it in the form of CD to save on costRemember that, you do not need to write the reason for asking the informationMention the payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details etc., towards the end of your applicationQue : To whom should the application be addressed ?
Ans: Write the details of Public Information officer, name, address etc. whom you want to apply to.In case you have problems locating your Public Information Officer/Assistant Public Information Officer, you can address your RTI application to the Public Information Officer, C/o Head of Department and send it to the concerned Public Authority with the requisite application fee.The Head of Department will have to forward your application to the concerned Public Information Officer.Do not mention the specific name of the Public Information Officer on your application form, as there is every chance that he might get transferred, or a new person is designated in his place.Que: Are their separate rules and charges for application process in different states?
Ans :
Public Authorities under the centre, states, legislatures and Supreme/High courts have framed separate rules for RTI.The amount of fees and the mode of payment vary from state to state and you should check the correct rules as applicable in your case.One may deposit his/her application fee via:In person by paying cash [remember to take your receipt]By Post through:Demand Draft/Bankers ChequeIndian Postal OrderMoney orders (only in some states)Affixing Court fee Stamp (only in some states)Some state governments have prescribed some head of account. You are required to deposit fee in that account. For this – You can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. –Or- You can also send a postal order or a DD drawn in favour of that account along with your RTI application.For Public Authorities under Central RTI rules, DoPT have recently clarified that BC/DD/IPO can be in favour of "Accounts Officer".Que: How to write First Appeal under RTI?
Ans: Please follow these guidelines while filing 1st Appeal under Right to Information Act 2005:
First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA)If no reply is received within 30 days (35 days if application is lodged with ACPIO) from the date of receipt by CPIO (ACPIO), then first appeal has to be filed within 30 days from the date when reply was due from CPIOFind out name, designation and address of first appellate authority from the decision letter of CPIO.If no reply is received, visit the web-site of the government department / office / undertaking and refer RTI icon for these detailsDespite above efforts, if you are not in a position to locate details of First Appellate Authority, address your first appeal as under:
The First Appellate Authority under RTI Act 2005
C/O Head of _______________Department/office
(Also mention address of Chief Public Information Officer department/office)
If you want to be present during the first appeal hearing, mention it at the end of your appealNo fee is prescribed for first appeal for Public Authorities under the Central GovernmentSome States have a prescribed fee and a specified format for First AppealAll photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Attested’ and full signatureRetain one set of appeal and postal receipt and AD receiptYou can deliver personally also, but mailing by registered ad/speed post is preferable. Couriers should be avoidedFAA has to decide on the appeal within 30 days from the date of receipt of first appeal. He can take a further 15 days (total 45 days), provided he gives the reasons for the delay in writingThe First Appellate Authority can give either a "spoken" order or a written orderQue: How to File a Second Appeal under RTI?
Ans:
Fill your appeal form (given below), index and chronological order of progress.If you are filing appeal remove ‘complaint/complainant’ words.If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.Get one photocopy of:
Original application under RTI with its enclosuresFirst appeal with its enclosuresBank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other chargesCopy of demand letter of CPIO for charges if anyPostal proof of mailing original application and first appealPostal AD slips/official acknowledgement received from Chief Public Information Officer and First Appellate AuthorityDecisions of Chief Public Information Officer and First Appellate Authority if receivedArrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaintPrepare additional four sets as above by photocopyingSign each page of appeal, index and chronology chart [all five sets]Self attest all the photocopies by signing under the word “Attested”Send one set by speed/registered/UPC post to each of Chief Public Information Officer and First Appellate Authority and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chartMail original set and one extra copy of set by registered AD to the commission at the following address:
The Registrar,
CENTRAL INFORMATION COMMISSION
II floor, August Kranti Bhavan,
Bhikaji Kama Place,
NEW DELHI 110066Avoid courier servicesRetain one set for your record for reference, with proof of mailing and AD received from Chief Information Commission/ Chief Public Information Officer/ First Appellate Authority for having received second appeal/complaintIf postal AD card is not received or acknowledgement letter is not received from Chief Information Commission within 15 days of mailing,You may send a copy by speed post only second appeal/complaint [without enclosures] with a request to trace the same at Chief Information Commission. Photocopy of registered post receipt may also be mailed to CICYou can also consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally freeQue: Who can get information under Right to Information Act?
Ans:
Any citizen of India can get information under these RTI.The Act extends to the whole of India except the State of Jammu and Kashmir.OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) cardholders can also get information under this Act.For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy / Consulate / High Commission who will inform the applicant regarding the amount of application fee in local currency as well as the mode of payment.Que: How to submit a RTI Application?
Ans: To ensure that you your RTI application has been received by the Public Information Officer, and to enable you to have a proof of submission. The following are the tested methods to submit a RTI application:
Personally, by hand: Please ensure that you get your copy of the application and proof of payment duly stamped, signed and dated, either by the Public Information Officer or by the inward departmentRegistered Post Acknowledgement Due (AD): The AD card will act as proof of submission, after the postal department returns it to you. In case the AD card does not come back with a proper stamp, signature and date of receipt, follow up with the dispatching post office to get the AD card completedSpeed Post (A postal department service): Once the application is sent by Speed Post, track it on http://www.indiapost.gov.in/Speednew/track.aspx and keep a print out of the delivery status carefully with youDo not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery
State wise fee structure & process of application
Andaman and Nicobar (UT)
You have successfully drafted your RTI application. You can deposit your application and fee through either of the following ways:
1. By post: Please make Rs 25 Demand Draft/ Banker’s Cheque payable to the accounts officer of the public authority and send your application to the concerned PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Andhra Pradesh
Fee:
• No fee for applications to public authorities at the Village level
• Rs 5/- per application to public authorities at the Mandal level
• Rs 10/- per application to all other public authorities
You can deposit your fees in the following manner:
1. By post: Please make a Demand Draft/ Banker’s Cheque payable to the accounts officer or any other duly authorised officer of the public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Arunachal Pradesh
Fee:
• Rs. 500 per application fee for information relating to tender documents/bids/quotations/Business contracts.
• For all other types of information Rs. 50 per application.
You can deposit your fees in the following manner:
By post: Please deposit fees through Treasury Challan in Head of Account”0070 other administrative charges”. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
Asom
You can deposit your fees in the following manner:
1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque in the favour of accounts officer or any other duly authorised officer of the public authority and through Treasury Challan under the Head of Account “0070-other Administrative Services” and send your application to the PIO. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account along with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Bihar
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque /Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
*Since the state has not yet formulated rules, the applicant may attempt depositing the application according to the Central rules.
Central Government
You can deposit your fees in the following manner: 1. By post: Please make a Rs. 10 Demand Draft/ Banker’s Cheque/ Postal Order in the favour of accounts officer or any other duly authorised officer of the public authority. Send your application to the PIO.
2. Through Post offices: You can also deposit your application in any of 629 designated postal offices across the country. Only applications for central govt. ministries/departments will be accepted at these post offices.
3. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Chandigarh
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Chhattisgarh
Fee: For information sought by persons below poverty line:
a) If the information sought relates to his/her life then the information will be provided in the form in which it is demanded.
b) If the information sought is not pertaining to self but if the information can be given in 50 photocopied pages (of A4 size) or the cost of production of information is within Rs. 100 (Rupees one hundred only) then the sought information will be provided in the form it is sought.
c) If the information sought involves photocopying of more than 50 pages or the cost of production exceeds Rs. 100 (Rupees one hundred only) then by recording reasons under section 7(9) of the Act the applicant will be requested to inspect the records/files in the office.
(B) For the Information sought in question-answer form (for non-BPL people); If the information pertains to individual life of the applicant then the information will be provided in form demanded. But the cost of such information produced will be Rs.100 (Rupees one hundred only) per page. 1. By post: Please deposit your fee through Treasury Challan in the Head of Account “0070 --Sub head account- 800- Other administrative charges” and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Dadar Nagar Haveli (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Daman and Diu (UT)
By post: Please deposit your fee of Rs 25 through challan in Form- II payable at treasury (i.e., State Bank of India, Daman and State Bank of Saurashtra, Diu).
Delhi (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Goa
1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Gujarat
1. By post: Please make a Rs. 20 Demand Draft/Pay Order payable to the accounts officer of the concerned public authority or affix Non-judicial stamps and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Haryana
1. By post: An application fee of Rs. 50 shall be deposited with the SPIO/SAPIO by Treasury Challan. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the SPIO/SAPIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Himachal Pradesh
By post: Rs. 10 Fees/ Charges shall be deposited in a Government Treasury under the head of account “0070 – OAS, 60 – OS, 800 –OR, 11 – Receipt head under Right to Information Act, 2005”. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
Jharkhand
1. By post: Please make a Rs. 10 Demand Draft/Banker’s Cheque payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Karnataka
1. By post: The fee of Rs. 10 shall be collected in the form of Indian postal order or D.D. or Bankers Cheque or Pay order drawn in favour of the State PIO or by remitting it to the Treasury as per Karnataka Financial Code (KFC).
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Kerala
1. By post: The fee of Rs. 10 shall be paid through D.D./Bankers Cheque/Pay order payable to the State PIO or SAPIO or by affixing Court fee Stamp or by remitting the amount in the Government Treasury, under the head of account “0070 other administrative services-60 other services-800 other receipts-42 other items”, For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Lakshadweep (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office. Madhya Pradesh 1. By post: Please affix a Rs. 10 non-judicial stamp and send your application to the concerned PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Maharashtra
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable or by Money Order to the public authority or affix Rs.10 Court Fee Stamp and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Manipur
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Meghalaya
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Mizoram
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal order payable to the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Nagaland
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ payable to the accounts officer/head of department/head of office of the concerned public authority or the government department/office and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Orissa
1. By post: The application fee of Rs 20 in shape of Treasury Challan in the Schedule under the appropriate head of account. For that, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Puducherry (UT)
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Punjab
1. By post: Please make a Rs. 50 Demand Draft/Cheque or Treasury Challan. For Treasury Challan, you can either go to any branch of SBI and deposit cash in that account and attach deposit receipt with your RTI application.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Rajasthan
1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to Public Authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Sikkim
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
TamilNadu
1. By post: Please make Rs 50 Demand Draft/ Banker’s Cheque payable to the Head of account as maybe specified by the public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Tripura
In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay Rs. 20 as fee in cash in his office.
Uttarakhand
1. By post: Please make a Rs. 10 Demand Draft/Bankers Cheque payable to accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Uttar Pradesh
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque payable to the accounts officer in the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
West Bengal
1. By post: Please make Rs 10 Demand Draft/ Banker’s Cheque/ Postal Order in favour of the accounts officer of the concerned public authority and send your application to the PIO.
2. In person: You can go to the office of the PIO (or send someone) and deposit your application in person and pay the fee in cash in his office.
Source: http://www.ndtv.com/rti/genboard/subfees.asp
Note: If you have any success stories/problems regarding RTI Act, Please send us via e-mail or discussion forum.
Search Site
Advanced Search…
--------------------------------------------------------------------------------
Last modified:: June 30, 2010 About Us
Link to Us
Contact Us
Disclaimer
Best viewed:IE7.0 1024x768px
You are visitor no.: 00003402 ©2006-2010 C-DAC. All rights reserved.
Powered by Plone CMS, the Open Source Content Management System This site conforms to the following standards:
Section 508 WCAG Valid XHTML Valid CSS Usable in any browser
Bookmark & ShareXSelect from these web-based feed readers:
AOLBloglinesGoogle ReaderMy MSNNetvibesNewsisfreePageflakesYahooNo matching services..netShoutout100zakladok2 Tag2linkmeA1‑WebmarksAdd.ioAdifniAeroAll My FavesAmazonAmen Me!AOL MailArtoAviary CaptureBaangBaiduBeboBentioBiggerPocketsBit.lyBizSugarBleetboxBlinklistBlipBloggerBloggyBlogmarksBlogtrottrBlurpaliciousBoardliteBobrdobrBonzoBoxBookmarkedBookmarkingNetBookmarky.czBookmerkenBordomBox.netBrainifyBryderi.seBuddyMarksBuzzzyCamyooCare2ChiqCiripCiteULikeClassicalPlaceClickazooclp.lyCndigColivia.deCommunicateConnoteaCOSMiQDeliciousDesignBumpDesignmooDigaCulturaDiggDiggitaDiglogDigoDigThisHostDigzignDiigoDipdiveDoMelhorDostiDotNetKicksDotShareDoubanDrimioDropjackDwelliciousDzoneEdelighteKudoselefanta.plEmailEmbarkonseuCliqueiEvernoteextraplayEzySpotFabulously40FacebookFarkFarkindaFAVableFavesfavlogFavoritenFavoritesFavoritusFlakerFloss.proFolkdFollowTagsforceindyaFreeDictionaryFresquiFriendFeedFriendsterfunPfwispGabbrGacetillaGamekickerGiveALinkGlobalGrindGmailGood NoowsGoogleGoogle BuzzGoogle ReaderGraveeGreaterDebaterGrono.netGrumperHaber.gen.trHacker NewsHadash HotHatenaHazarkorHealthimizeHedgehogsHelloTxtHipstrHitmarksHot BookmarkHotklixHotmailHTML ValidatorHyvesideaREF!Identi.caihavegotInformazioneInstapaperiOrbixiSocietyiWiWJamespotJiskoJoliPrintJumptagsKaboodleKaevurKipupKiRTSYKledyKommentingLa tafaneraLaaikitLadenzeileLibrerioLifestreamLink NinjaLink-a-GogoLinkedInLinks GutterLinkSharesLinkuj.czLivefavorisLiveJournalLockerBloggerLogger24LynkiMarkmeMashbordMawindoMecchomeinVZMekusharimMemori.ruMenéameMessengerMindbodygreenMister WongMixxMoemesto.rumototagzmRcNEtwORKMultiplymyAOLMylinkvaultMySpaceN4GNetLogNetvibesNetvouzNewsTrustNewsvineNujijOKNOtizieOneviewOrkutOsmosusOyylaPackgPafnetPDF OnlinePDFmyURLPhoneFavsPimpThisBlogPing.fmPlanypusPlaxoPlurkPochvalPopEditionPosteezyPosterousPrati.baPrintPrintFriendlyPushaQRF.inQuantcastQzoneRead It Laterreceeve.itRedditRediff MyPageRedKumScoop.atSegnaloSekomanShavehShe Told MeSimpySina WeiboSlashdotSMISodaHeadSonicoSpeedtileSphinnSpoken To YousportpostspringpadSpruzerSquidooStartaidStartlapStoryFollowerstudiVZStuffpitStumbleUponStumpediaStylehiveSurfpeopleSvejoSymbalooTagMarks.deTagvnTagzaTarpipeTellMyPoliticianThe Web BlendThinkfinityThisNextThrowpileTip'dTopSitelerTransferrTranslateTulinqTumblrTusulTvinxTweetMemeTwitterTwitThisTypepadUrlaubswerkViadeoVirbVisitezMonSiteVKontakteVybraliSMEVyoomWebnewsWhois LookupWindy CitizenWireFanWordPressWorioWykopXangaY! BookmarksY! BuzzY! MailYammerYardbarkerYiggYoolinkYorumcuyumYoublrYoubookmarksYouMobZakladok.netZanaticZooLooDoneMessage sent! Share again.
Sending message...AddThis for Internet ExplorerMake sharing easier with AddThis for Internet Explorer.Download
Don't show theseTo: (email address)From: (email address)Note: (optional)255 character limitMore:Get the ToolbarPrivacyAddThis
THE RTI ACT,2005 Application Procedure
Application Procedure for requesting information
1) Apply in writing or through electronic means in English, Hindi or in the official language of the area, to the PIO specifying particulars of the information sought for,
2) Reason for seeking information are not required to be given;
3) Pay fees as may be prescribed (if not belonging to the below poverty line category).
Time limit to get the information:
1) 30 days from the date of application
2) 48 hours for information concerning the life or liberty of a person
3) 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4) If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5) Failure to provide information within the specified period is a deemed refusal.
Fee for getting information:
1) Application fees to be prescribed which must be reasonable.
2) If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3) Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
4) No fees will be charged from people living below the poverty line
5) Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.
Reason for rejection
•If it is covered by exemption from disclosure. (S.8)
•If it infringes copyright of any person other than the State. (S.9)
1) Apply in writing or through electronic means in English, Hindi or in the official language of the area, to the PIO specifying particulars of the information sought for,
2) Reason for seeking information are not required to be given;
3) Pay fees as may be prescribed (if not belonging to the below poverty line category).
Time limit to get the information:
1) 30 days from the date of application
2) 48 hours for information concerning the life or liberty of a person
3) 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4) If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5) Failure to provide information within the specified period is a deemed refusal.
Fee for getting information:
1) Application fees to be prescribed which must be reasonable.
2) If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3) Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;
4) No fees will be charged from people living below the poverty line
5) Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.
Reason for rejection
•If it is covered by exemption from disclosure. (S.8)
•If it infringes copyright of any person other than the State. (S.9)
Friday, November 19, 2010
THE RIGHT TO INFORMATION ACT, 2005
THE RIGHT TO INFORMATION ACT, 2005
No. 22 of 2005
[15th June, 2005]
An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1 (1) This Act may be called the Right to Information Act, 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) 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.
2 In this Act, unless the context otherwise requires,—
(a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—
(i) by the Central Government or the Union territory administration, the Central Government;
(ii) by the State Government, the State Government;
(b) "Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12;
(c) "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;
(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;
(f) "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;
(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 law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization 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;
(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
(k) "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15;
(l) "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;
(m) "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;
(n) "third party" means a person other than the citizen making a request for information and includes a public authority.
CHAPTER II
Right to information and obligations of public authorities
3 Subject to the provisions of this Act, all citizens shall have the right to information.
4 (1) Every public authority shall—
(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
(b) publish within one hundred and twenty days from the enactment of this Act,—
(i)
the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, 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 internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) 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.
(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 internet or any other means, including inspection of offices of any public authority.
5 (1) 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.
(2) 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.
(3) 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.
(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
(5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public 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.
6 (1) 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—
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
(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.
(2) 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.
(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(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.
7 (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information 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.
(2) 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.
(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—
(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made 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 despatch 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;
(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.
(4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information 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.
(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (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.
(6) Notwithstanding anything contained in sub-section (5), the person making
request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.
(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.
(9) 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.
8 (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(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;
(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;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(j) 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:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) 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.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
9 Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
10 (1) 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.
(2) 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—
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
(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.
11 (1) 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.
(2) 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.
(3) 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.
(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
CHAPTER III
The Central Information Commission
12 (1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation 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 affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.
13 (1) The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
(2) Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:
Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.
(5) The salaries and allowances payable to and other terms and conditions of service of —
(a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;
(b) an Information Commissioner shall be the same as that of an Election Commissioner:
Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment.
(6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
14 (1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.
CHAPTER IV
The State Information Commission
15 (1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner, and
(b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor 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
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—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 affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
(6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.
16 (1) The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
(2) Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:
Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:
Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.
(3) The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office:
Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.
(5) The salaries and allowances payable to and other terms and conditions of service of—
(a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:
Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.
(6) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
17 (1) Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.
(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
(4) If the State Chief Information Commissioner or a State Information 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 profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
CHAPTER V
Powers and functions of the Information Commissions, appeal and penalties
18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:
Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
(i) by providing access to information, if so requested, in a particular form;
(ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
(v) by enhancing the provision of training on the right to information for its officials;
(vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
(b) require the public authority to compensate the complainant for any loss or other detriment suffered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.
(9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
(10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
20 (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.
(2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
CHAPTER VI
Miscellaneous
21 No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
23 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 (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.
25 (1) The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.
(2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes 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 referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;
(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
(e) the amount of charges collected by each public authority under this Act;
(f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
(g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information.
(4) The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House.
(5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.
26 (1) The appropriate Government may, to the extent of availability of financial 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;
(b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;
(c) promote timely and effective dissemination of accurate information by public authorities about their activities; and
(d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.
(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.
(3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in 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 fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;
(c) the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;
(d) the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act;
(e) the assistance available from the Central Information Commission or State Information Commission, as the case may be;
(f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;
(g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;
(h) the notices regarding fees to be paid in relation to requests for access to an information; and
(i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.
(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
27 (1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
(b) the fee payable under sub-section (1) of section 6;
(c) the fee payable under sub-sections (1) and (5) of section 7;
(d) the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;
(e) the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and
(f) any other matter which is required to be, or may be, prescribed.
28 (1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(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 fee payable under sub-section (1) of section 6;
(iii) the fee payable under sub-section (1) of section 7; and
(iv) any other matter which is required to be, or may be, prescribed.
29 (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
30 (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
31 The Freedom of Information Act, 2002 is hereby repealed.
THE FIRST SCHEDULE
[See sections 13(3) and 16(3)]
Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner
"I, ....................., having been appointed Chief Information Commissioner/Information Commissioner/State Chief Information Commissioner/State Information Commissioner
swear in the name of God
solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.".
THE SECOND SCHEDULE
(See section 24)
Intelligence and security organisation established by the Central Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau.
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.
No. 22 of 2005
[15th June, 2005]
An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.
Whereas the Constitution of India has established democratic Republic;
And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;
And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;
And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;
Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1 (1) This Act may be called the Right to Information Act, 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) 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.
2 In this Act, unless the context otherwise requires,—
(a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—
(i) by the Central Government or the Union territory administration, the Central Government;
(ii) by the State Government, the State Government;
(b) "Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12;
(c) "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;
(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;
(f) "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;
(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 law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization 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;
(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
(k) "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15;
(l) "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;
(m) "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;
(n) "third party" means a person other than the citizen making a request for information and includes a public authority.
CHAPTER II
Right to information and obligations of public authorities
3 Subject to the provisions of this Act, all citizens shall have the right to information.
4 (1) Every public authority shall—
(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
(b) publish within one hundred and twenty days from the enactment of this Act,—
(i)
the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, 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 internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) 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.
(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 internet or any other means, including inspection of offices of any public authority.
5 (1) 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.
(2) 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.
(3) 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.
(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
(5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public 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.
6 (1) 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—
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
(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.
(2) 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.
(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(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.
7 (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information 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.
(2) 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.
(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—
(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made 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 despatch 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;
(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.
(4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information 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.
(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (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.
(6) Notwithstanding anything contained in sub-section (5), the person making
request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.
(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.
(9) 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.
8 (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(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;
(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;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(j) 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:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) 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.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
9 Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
10 (1) 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.
(2) 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—
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
(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.
11 (1) 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.
(2) 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.
(3) 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.
(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
CHAPTER III
The Central Information Commission
12 (1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation 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 affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.
13 (1) The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
(2) Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:
Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.
(5) The salaries and allowances payable to and other terms and conditions of service of —
(a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;
(b) an Information Commissioner shall be the same as that of an Election Commissioner:
Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment.
(6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
14 (1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.
CHAPTER IV
The State Information Commission
15 (1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner, and
(b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor 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
(iii) a Cabinet Ministrer to be nominated by the Chief Minister.
Explanation.—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 affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.
(5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
(6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.
16 (1) The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
(2) Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:
Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:
Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.
(3) The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
(4) The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office:
Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.
(5) The salaries and allowances payable to and other terms and conditions of service of—
(a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:
Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.
(6) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
17 (1) Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.
(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
(4) If the State Chief Information Commissioner or a State Information 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 profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
CHAPTER V
Powers and functions of the Information Commissions, appeal and penalties
18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:
Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
(i) by providing access to information, if so requested, in a particular form;
(ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
(v) by enhancing the provision of training on the right to information for its officials;
(vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
(b) require the public authority to compensate the complainant for any loss or other detriment suffered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.
(9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
(10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
20 (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.
(2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
CHAPTER VI
Miscellaneous
21 No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
23 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 (1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.
25 (1) The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.
(2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes 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 referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;
(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
(e) the amount of charges collected by each public authority under this Act;
(f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
(g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information.
(4) The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House.
(5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.
26 (1) The appropriate Government may, to the extent of availability of financial 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;
(b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;
(c) promote timely and effective dissemination of accurate information by public authorities about their activities; and
(d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.
(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.
(3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in 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 fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;
(c) the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;
(d) the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act;
(e) the assistance available from the Central Information Commission or State Information Commission, as the case may be;
(f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;
(g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;
(h) the notices regarding fees to be paid in relation to requests for access to an information; and
(i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.
(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
27 (1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
(b) the fee payable under sub-section (1) of section 6;
(c) the fee payable under sub-sections (1) and (5) of section 7;
(d) the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;
(e) the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and
(f) any other matter which is required to be, or may be, prescribed.
28 (1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(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 fee payable under sub-section (1) of section 6;
(iii) the fee payable under sub-section (1) of section 7; and
(iv) any other matter which is required to be, or may be, prescribed.
29 (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
30 (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
31 The Freedom of Information Act, 2002 is hereby repealed.
THE FIRST SCHEDULE
[See sections 13(3) and 16(3)]
Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner
"I, ....................., having been appointed Chief Information Commissioner/Information Commissioner/State Chief Information Commissioner/State Information Commissioner
swear in the name of God
solemnly affirm
that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.".
THE SECOND SCHEDULE
(See section 24)
Intelligence and security organisation established by the Central Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau.
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.
Subscribe to:
Posts (Atom)