THE RIGHT TO INFORMATION ACT, 2005

No. 22 of 2005
[15th June, 2005]
An Act to provide for setting out te pr!ctic!" regi#e of rigt to infor#!tion for citi$ens to secure !ccess to
infor#!tion under te contro" of pu%"ic !utorities, in order to pro#ote tr!nsp!renc& !nd
!ccount!%i"it& in te 'or(ing of ever& pu%"ic !utorit&, te constitution of ! Centr!" Infor#!tion
Co##ission !nd )t!te Infor#!tion Co##issions !nd for #!tters connected tere'it or incident!"
tereto*
Whereas the Constitution of India has established democratic Reublic!
"nd #hereas democrac$ re%uires an informed citi&enr$ and transarenc$ of information #hich are 'ital to its functionin(
and also to contain corrution and to hold )o'ernments and their instrumentalities accountable to the (o'erned!
"nd #hereas re'elation of information in actual ractice is li*el$ to conflict #ith other ublic interests includin( efficient
oerations of the )o'ernments, otimum use of limited fiscal resources and the reser'ation of confidentialit$ of sensiti'e
information!
"nd #hereas it is necessar$ to harmonise these conflictin( interests #hile reser'in( the aramountc$ of the democratic
ideal!
No#, therefore, it is e+edient to ro'ide for furnishin( certain information to citi&ens #ho desire to ha'e it.
,e it enacted b$ -arliament in the .ift$/si+th 0ear of the Reublic of India as follo#s12

CHA+TER I
+re"i#in!r&
, 314
5his "ct ma$ be called the Ri(ht to Information "ct, 2005.

324
It e+tends to the #hole of India e+cet the 6tate of Jammu and 7ashmir.

384

5he ro'isions of sub/section 314 of section 9, sub/sections 314 and 324 of section 5, sections 12, 18,
15,1:, 29 , 2; and 2< shall come into force at once, and the remainin( ro'isions of this "ct shall
come into force on the one hundred and t#entieth da$ of its enactment.
2
In this "ct, unless the conte+t other#ise re%uires,2
3a4

=aroriate )o'ernment= means in relation to a ublic authorit$ #hich is established, constituted,
o#ned, controlled or substantiall$ financed b$ funds ro'ided directl$ or indirectl$2


3i4
b$ the Central )o'ernment or the >nion territor$ administration, the Central )o'ernment!

3ii4
b$ the 6tate )o'ernment, the 6tate )o'ernment!

3b4

=Central Information Commission= means the Central Information Commission constituted under sub/
section 314 of section 12!

3c4

=Central -ublic Information ?fficer= means the Central -ublic Information ?fficer desi(nated under
sub/section 314 and includes a Central "ssistant -ublic Information ?fficer desi(nated as such under
sub/section 324 of section 5!

3d4

=Chief Information Commissioner= and =Information Commissioner= mean the Chief Information
Commissioner and Information Commissioner aointed under sub/section 334 of section 12!

3e4
=cometent authorit$= means2


3i4 the 6ea*er in the case of the @ouse of the -eole or the Ae(islati'e "ssembl$ of a 6tate or a >nion
territor$ ha'in( such "ssembl$ and the Chairman in the case of the Council of 6tates or Ae(islati'e
Council of a 6tate!

3ii4
the Chief Justice of India in the case of the 6ureme Court!

3iii4
the Chief Justice of the @i(h Court in the case of a @i(h Court!

3i'4 the -resident or the )o'ernor, as the case ma$ be, in the case of other authorities established or
constituted b$ or under the Constitution!

3'4
the administrator aointed under article 28B of the Constitution!

3f4

=information= means an$ material in an$ form, includin( records, documents, memos, e/mails,
oinions, ad'ices, ress releases, circulars, orders, lo(boo*s, contracts, reorts, aers, samles,
models, data material held in an$ electronic form and information relatin( to an$ ri'ate bod$ #hich
can be accessed b$ a ublic authorit$ under an$ other la# for the time bein( in force!

3(4

=rescribed= means rescribed b$ rules made under this "ct b$ the aroriate )o'ernment or the
cometent authorit$, as the case ma$ be!

3h4

=ublic authorit$= means an$ authorit$ or bod$ or institution of self/ (o'ernment established or
constituted2


3a4
b$ or under the Constitution!

3b4
b$ an$ other la# made b$ -arliament!

3c4
b$ an$ other la# made b$ 6tate Ae(islature!

3d4
b$ notification issued or order made b$ the aroriate )o'ernment, and includes an$2


3i4
bod$ o#ned, controlled or substantiall$ financed!

3ii4 non/)o'ernment or(ani&ation substantiall$ financed, directl$ or indirectl$ b$ funds ro'ided b$
the aroriate )o'ernment!

3i4
=record= includes2


3a4
an$ document, manuscrit and file!

3b4
an$ microfilm, microfiche and facsimile co$ of a document!

3c4
an$ reroduction of ima(e or ima(es embodied in such microfilm 3#hether enlar(ed or not4! and

3d4
an$ other material roduced b$ a comuter or an$ other de'ice!

3C4

=ri(ht to information= means the ri(ht to information accessible under this "ct #hich is held b$ or
under the control of an$ ublic authorit$ and includes the ri(ht to2


3i4
insection of #or*, documents, records!

3ii4
ta*in( notes, e+tracts or certified coies of documents or records!

3iii4
ta*in( certified samles of material!

3i'4 obtainin( information in the form of dis*ettes, floies, taes, 'ideo cassettes or in an$ other
electronic mode or throu(h rintouts #here such information is stored in a comuter or in an$ other
de'ice!

3*4

=6tate Information Commission= means the 6tate Information Commission constituted under sub/
section 314 of section 15!

3l4

=6tate Chief Information Commissioner= and =6tate Information Commissioner= mean the 6tate Chief
Information Commissioner and the 6tate Information Commissioner aointed under sub/section 334
of section 15!

3m4

=6tate -ublic Information ?fficer= means the 6tate -ublic Information ?fficer desi(nated under sub/
section 314 and includes a 6tate "ssistant -ublic Information ?fficer desi(nated as such under sub/
section 324 of section 5!

3n4

=third art$= means a erson other than the citi&en ma*in( a re%uest for information and includes a
ublic authorit$.

CHA+TER II
Rigt to infor#!tion !nd o%"ig!tions of pu%"ic !utorities
-
6ubCect to the ro'isions of this "ct, all citi&ens shall ha'e the ri(ht to information.
. 314
D'er$ ublic authorit$ shall2


3a4 maintain all its records dul$ catalo(ued and inde+ed in a manner and the form #hich facilitates the
ri(ht to information under this "ct and ensure that all records that are aroriate to be comuterised
are, #ithin a reasonable time and subCect to a'ailabilit$ of resources, comuterised and connected
throu(h a net#or* all o'er the countr$ on different s$stems so that access to such records is
facilitated!

3b4
ublish #ithin one hundred and t#ent$ da$s from the enactment of this "ct,2


3i4
the articulars of its or(anisation, functions and duties!

3ii4
the o#ers and duties of its officers and emlo$ees!

3iii4 the rocedure follo#ed in the decision ma*in( rocess, includin( channels of suer'ision and
accountabilit$!

3i'4
the norms set b$ it for the dischar(e of its functions!

3'4 the rules, re(ulations, instructions, manuals and records, held b$ it or under its control or used
b$ its emlo$ees for dischar(in( its functions!

3'i4
a statement of the cate(ories of documents that are held b$ it or under its control!

3'ii4 the articulars of an$ arran(ement that e+ists for consultation #ith, or reresentation b$, the
members of the ublic in relation to the formulation of its olic$ or imlementation thereof!

3'iii4 a statement of the boards, councils, committees and other bodies consistin( of t#o or more
ersons constituted as its art or for the urose of its ad'ice, and as to #hether meetin(s of
those boards, councils, committees and other bodies are oen to the ublic, or the minutes of
such meetin(s are accessible for ublic!

3i+4
a director$ of its officers and emlo$ees!

3+4 the monthl$ remuneration recei'ed b$ each of its officers and emlo$ees, includin( the s$stem
of comensation as ro'ided in its re(ulations!

3+i4 the bud(et allocated to each of its a(enc$, indicatin( the articulars of all lans, roosed
e+enditures and reorts on disbursements made!

3+ii4 the manner of e+ecution of subsid$ ro(rammes, includin( the amounts allocated and the
details of beneficiaries of such ro(rammes!

3+iii4
articulars of reciients of concessions, ermits or authorisations (ranted b$ it!

3+i'4
details in resect of the information, a'ailable to or held b$ it, reduced in an electronic form!

3+'4 the articulars of facilities a'ailable to citi&ens for obtainin( information, includin( the #or*in(
hours of a librar$ or readin( room, if maintained for ublic use!

3+'i4
the names, desi(nations and other articulars of the -ublic Information ?fficers!

3+'ii4 such other information as ma$ be rescribed and thereafter udate these ublications e'er$
$ear!

3c4 ublish all rele'ant facts #hile formulatin( imortant olicies or announcin( the decisions #hich
affect ublic!

3d4
ro'ide reasons for its administrati'e or %uasi/Cudicial decisions to affected ersons.

324

It shall be a constant endea'our of e'er$ ublic authorit$ to ta*e stes in accordance #ith the
re%uirements of clause 3b4 of sub/section 314 to ro'ide as much information suo motu to the ublic at
re(ular inter'als throu(h 'arious means of communications, includin( internet, so that the ublic ha'e
minimum resort to the use of this "ct to obtain information.

384

.or the uroses of sub/section 314, e'er$ information shall be disseminated #idel$ and in such form
and manner #hich is easil$ accessible to the ublic.

394

"ll materials shall be disseminated ta*in( into consideration the cost effecti'eness, local lan(ua(e
and the most effecti'e method of communication in that local area and the information should be
easil$ accessible, to the e+tent ossible in electronic format #ith the Central -ublic Information
?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, a'ailable free or at such cost of the
medium or the rint cost rice as ma$ be rescribed.

D+lanation.2.or the uroses of sub/sections 384 and 394, =disseminated= means ma*in( *no#n or
communicated the information to the ublic throu(h notice boards, ne#saers, ublic
announcements, media broadcasts, the internet or an$ other means, includin( insection of offices of
an$ ublic authorit$.
5 314

D'er$ ublic authorit$ shall, #ithin one hundred da$s of the enactment of this "ct, desi(nate as man$
officers as the Central -ublic Information ?fficers or 6tate -ublic Information ?fficers, as the case
ma$ be, in all administrati'e units or offices under it as ma$ be necessar$ to ro'ide information to
ersons re%uestin( for the information under this "ct.

324

Without reCudice to the ro'isions of sub/section 314, e'er$ ublic authorit$ shall desi(nate an officer,
#ithin one hundred da$s of the enactment of this "ct, at each sub/di'isional le'el or other sub/district
le'el as a Central "ssistant -ublic Information ?fficer or a 6tate "ssistant -ublic Information ?fficer,
as the case ma$ be, to recei'e the alications for information or aeals under this "ct for
for#ardin( the same forth#ith to the Central -ublic Information ?fficer or the 6tate -ublic Information
?fficer or senior officer secified under sub/section 314 of section 1B or the Central Information
Commission or the 6tate Information Commission, as the case ma$ be1
-ro'ided that #here an alication for information or aeal is (i'en to a Central "ssistant -ublic
Information ?fficer or a 6tate "ssistant -ublic Information ?fficer, as the case ma$ be, a eriod of
fi'e da$s shall be added in comutin( the eriod for resonse secified under sub/section 314 of
section ;.

384

D'er$ Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, shall
deal #ith re%uests from ersons see*in( information and render reasonable assistance to the
ersons see*in( such information.

394

5he Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, ma$
see* the assistance of an$ other officer as he or she considers it necessar$ for the roer dischar(e
of his or her duties.

354

"n$ officer, #hose assistance has been sou(ht under sub/section 394, shall render all assistance to
the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, see*in(
his or her assistance and for the uroses of an$ contra'ention of the ro'isions of this "ct, such
other officer shall be treated as a Central -ublic Information ?fficer or 6tate -ublic Information
?fficer, as the case ma$ be.
/ 314

" erson, #ho desires to obtain an$ information under this "ct, shall ma*e a re%uest in #ritin( or
throu(h electronic means in Dn(lish or @indi or in the official lan(ua(e of the area in #hich the
alication is bein( made, accoman$in( such fee as ma$ be rescribed, to2


3a4 the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, of the
concerned ublic authorit$!

3b4 the Central "ssistant -ublic Information ?fficer or 6tate "ssistant -ublic Information ?fficer, as the
case ma$ be,
secif$in( the articulars of the information sou(ht b$ him or her1
-ro'ided that #here such re%uest cannot be made in #ritin(, the Central -ublic Information ?fficer or
6tate -ublic Information ?fficer, as the case ma$ be, shall render all reasonable assistance to the
erson ma*in( the re%uest orall$ to reduce the same in #ritin(.

324

"n alicant ma*in( re%uest for information shall not be re%uired to (i'e an$ reason for re%uestin(
the information or an$ other ersonal details e+cet those that ma$ be necessar$ for contactin( him.

384
Where an alication is made to a ublic authorit$ re%uestin( for an information,2


3i4
#hich is held b$ another ublic authorit$! or

3ii4 the subCect matter of #hich is more closel$ connected #ith the functions of another ublic authorit$,
the ublic authorit$, to #hich such alication is made, shall transfer the alication or such art of it
as ma$ be aroriate to that other ublic authorit$ and inform the alicant immediatel$ about such
transfer1
-ro'ided that the transfer of an alication ursuant to this sub/section shall be made as soon as
racticable but in no case later than fi'e da$s from the date of receit of the alication.
0 314

6ubCect to the ro'iso to sub/section 324 of section 5 or the ro'iso to sub/section 384 of section :,
the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, on
receit of a re%uest under section : shall, as e+editiousl$ as ossible, and in an$ case #ithin thirt$
da$s of the receit of the re%uest, either ro'ide the information on a$ment of such fee as ma$ be
rescribed or reCect the re%uest for an$ of the reasons secified in sections < and B1
-ro'ided that #here the information sou(ht for concerns the life or libert$ of a erson, the same shall
be ro'ided #ithin fort$/ei(ht hours of the receit of the re%uest.

324

If the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, fails
to (i'e decision on the re%uest for information #ithin the eriod secified under sub/section 314, the
Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, shall be
deemed to ha'e refused the re%uest.

384

Where a decision is ta*en to ro'ide the information on a$ment of an$ further fee reresentin( the
cost of ro'idin( the information, the Central -ublic Information ?fficer or 6tate -ublic Information
?fficer, as the case ma$ be, shall send an intimation to the erson ma*in( the re%uest, (i'in(2


3a4 the details of further fees reresentin( the cost of ro'idin( the information as determined b$ him,
to(ether #ith the calculations made to arri'e at the amount in accordance #ith fee rescribed under
sub/section 314, re%uestin( him to deosit that fees, and the eriod inter'enin( bet#een the desatch
of the said intimation and a$ment of fees shall be e+cluded for the urose of calculatin( the eriod
of thirt$ da$s referred to in that sub/section!

3b4 information concernin( his or her ri(ht #ith resect to re'ie# the decision as to the amount of fees
char(ed or the form of access ro'ided, includin( the articulars of the aellate authorit$, time limit,
rocess and an$ other forms.

394

Where access to the record or a art thereof is re%uired to be ro'ided under this "ct and the erson
to #hom access is to be ro'ided is sensoril$ disabled, the Central -ublic Information ?fficer or 6tate
-ublic Information ?fficer, as the case ma$ be, shall ro'ide assistance to enable access to the
information, includin( ro'idin( such assistance as ma$ be aroriate for the insection.

354

Where access to information is to be ro'ided in the rinted or in an$ electronic format, the alicant
shall, subCect to the ro'isions of sub/section 3:4, a$ such fee as ma$ be rescribed1
-ro'ided that the fee rescribed under sub/section 314 of section : and sub/sections 314 and 354 of
section ; shall be reasonable and no such fee shall be char(ed from the ersons #ho are of belo#
o'ert$ line as ma$ be determined b$ the aroriate )o'ernment.

3:4

Not#ithstandin( an$thin( contained in sub/section 354, the erson ma*in(
re%uest for the information shall be ro'ided the information free of char(e #here a ublic authorit$
fails to coml$ #ith the time limits secified in sub/section 314.

3;4

,efore ta*in( an$ decision under sub/section 314, the Central -ublic Information ?fficer or 6tate
-ublic Information ?fficer, as the case ma$ be, shall ta*e into consideration the reresentation made
b$ a third art$ under section 11.

3<4

Where a re%uest has been reCected under sub/section 314, the Central -ublic Information ?fficer or
6tate -ublic Information ?fficer, as the case ma$ be, shall communicate to the erson ma*in( the
re%uest,2


3i4
the reasons for such reCection!

3ii4
the eriod #ithin #hich an aeal a(ainst such reCection ma$ be referred! and

3iii4
the articulars of the aellate authorit$.

3B4

"n information shall ordinaril$ be ro'ided in the form in #hich it is sou(ht unless it #ould
disroortionatel$ di'ert the resources of the ublic authorit$ or #ould be detrimental to the safet$ or
reser'ation of the record in %uestion.
1 314
Not#ithstandin( an$thin( contained in this "ct, there shall be no obli(ation to (i'e an$ citi&en,2


3a4 information, disclosure of #hich #ould reCudiciall$ affect the so'erei(nt$ and inte(rit$ of India, the
securit$, strate(ic, scientific or economic interests of the 6tate, relation #ith forei(n 6tate or lead to
incitement of an offence!

3b4 information #hich has been e+ressl$ forbidden to be ublished b$ an$ court of la# or tribunal or the
disclosure of #hich ma$ constitute contemt of court!

3c4 information, the disclosure of #hich #ould cause a breach of ri'ile(e of -arliament or the 6tate
Ae(islature!

3d4 information includin( commercial confidence, trade secrets or intellectual roert$, the disclosure of
#hich #ould harm the cometiti'e osition of a third art$, unless the cometent authorit$ is satisfied
that lar(er ublic interest #arrants the disclosure of such information!

3e4 information a'ailable to a erson in his fiduciar$ relationshi, unless the cometent authorit$ is
satisfied that the lar(er ublic interest #arrants the disclosure of such information!

3f4
information recei'ed in confidence from forei(n )o'ernment!

3(4 information, the disclosure of #hich #ould endan(er the life or h$sical safet$ of an$ erson or
identif$ the source of information or assistance (i'en in confidence for la# enforcement or securit$
uroses!

3h4 information #hich #ould imede the rocess of in'esti(ation or arehension or rosecution of
offenders!

3i4 cabinet aers includin( records of deliberations of the Council of Einisters, 6ecretaries and other
officers1

-ro'ided that the decisions of Council of Einisters, the reasons thereof, and the material on the basis
of #hich the decisions #ere ta*en shall be made ublic after the decision has been ta*en, and the
matter is comlete, or o'er1
-ro'ided further that those matters #hich come under the e+emtions secified in this section shall
not be disclosed!

3C4 information #hich relates to ersonal information the disclosure of #hich has no relationshi to an$
ublic acti'it$ or interest, or #hich #ould cause un#arranted in'asion of the ri'ac$ of the indi'idual
unless the Central -ublic Information ?fficer or the 6tate -ublic Information ?fficer or the aellate
authorit$, as the case ma$ be, is satisfied that the lar(er ublic interest Custifies the disclosure of such
information1

-ro'ided that the information #hich cannot be denied to the -arliament or a 6tate Ae(islature shall
not be denied to an$ erson.

324

Not#ithstandin( an$thin( in the ?fficial 6ecrets "ct, 1B28 nor an$ of the e+emtions ermissible in
accordance #ith sub/section 314, a ublic authorit$ ma$ allo# access to information, if ublic interest
in disclosure out#ei(hs the harm to the rotected interests.

384

6ubCect to the ro'isions of clauses 3a4, 3c4 and 3i4 of sub/section 314, an$ information relatin( to an$
occurrence, e'ent or matter #hich has ta*en lace, occurred or haened t#ent$ $ears before the
date on #hich an$ re%uest is made under secton : shall be ro'ided to an$ erson ma*in( a re%uest
under that section1

-ro'ided that #here an$ %uestion arises as to the date from #hich the said eriod of t#ent$ $ears
has to be comuted, the decision of the Central )o'ernment shall be final, subCect to the usual
aeals ro'ided for in this "ct.
2

Without reCudice to the ro'isions of section <, a Central -ublic Information ?fficer or a 6tate -ublic
Information ?fficer, as the case ma$ be, ma$ reCect a re%uest for information #here such a re%uest
for ro'idin( access #ould in'ol'e an infrin(ement of co$ri(ht subsistin( in a erson other than the
6tate.
,0 314

Where a re%uest for access to information is reCected on the (round that it is in relation to information
#hich is e+emt from disclosure, then, not#ithstandin( an$thin( contained in this "ct, access ma$ be
ro'ided to that art of the record #hich does not contain an$ information #hich is e+emt from
disclosure under this "ct and #hich can reasonabl$ be se'ered from an$ art that contains e+emt
information.

324

Where access is (ranted to a art of the record under sub/section 314, the Central -ublic Information
?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, shall (i'e a notice to the alicant,
informin(2


3a4 that onl$ art of the record re%uested, after se'erance of the record containin( information #hich is
e+emt from disclosure, is bein( ro'ided!

3b4 the reasons for the decision, includin( an$ findin(s on an$ material %uestion of fact, referrin( to the
material on #hich those findin(s #ere based!

3c4
the name and desi(nation of the erson (i'in( the decision!

3d4 the details of the fees calculated b$ him or her and the amount of fee #hich the alicant is re%uired
to deosit! and

3e4 his or her ri(hts #ith resect to re'ie# of the decision re(ardin( non/disclosure of art of the
information, the amount of fee char(ed or the form of access ro'ided, includin( the articulars of the
senior officer secified under sub/section 314 of section 1B or the Central Information Commission or
the 6tate Information Commission, as the case ma$ be, time limit, rocess and an$ other form of
access.
,, 314

Where a Central -ublic Information ?fficer or a 6tate -ublic Information ?fficer, as the case ma$ be,
intends to disclose an$ information or record, or art thereof on a re%uest made under this "ct, #hich
relates to or has been sulied b$ a third art$ and has been treated as confidential b$ that third
art$, the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be,
shall, #ithin fi'e da$s from the receit of the re%uest, (i'e a #ritten notice to such third art$ of the
re%uest and of the fact that the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer,
as the case ma$ be, intends to disclose the information or record, or art thereof, and in'ite the third
art$ to ma*e a submission in #ritin( or orall$, re(ardin( #hether the information should be
disclosed, and such submission of the third art$ shall be *et in 'ie# #hile ta*in( a decision about
disclosure of information1
-ro'ided that e+cet in the case of trade or commercial secrets rotected b$ la#, disclosure ma$ be
allo#ed if the ublic interest in disclosure out#ei(hs in imortance an$ ossible harm or inCur$ to the
interests of such third art$.

324

Where a notice is ser'ed b$ the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer,
as the case ma$ be, under sub/section 314 to a third art$ in resect of an$ information or record or
art thereof, the third art$ shall, #ithin ten da$s from the date of receit of such notice, be (i'en the
oortunit$ to ma*e reresentation a(ainst the roosed disclosure.

384

Not#ithstandin( an$thin( contained in section ;, the Central -ublic Information ?fficer or 6tate
-ublic Information ?fficer, as the case ma$ be, shall, #ithin fort$ da$s after receit of the re%uest
under section :, if the third art$ has been (i'en an oortunit$ to ma*e reresentation under sub/
section 324, ma*e a decision as to #hether or not to disclose the information or record or art thereof
and (i'e in #ritin( the notice of his decision to the third art$.

394

" notice (i'en under sub/section 384 shall include a statement that the third art$ to #hom the notice
is (i'en is entitled to refer an aeal under section 1B a(ainst the decision.
CHA+TER III
Te Centr!" Infor#!tion Co##ission
,2 314

5he Central )o'ernment shall, b$ notification in the ?fficial )a&ette, constitute a bod$ to be *no#n
as the Central Information Commission to e+ercise the o#ers conferred on, and to erform the
functions assi(ned to, it under this "ct.

324
5he Central Information Commission shall consist of2


3a4
the Chief Information Commissioner! and

3b4 such number of Central Information Commissioners, not e+ceedin( ten, as ma$ be deemed
necessar$.

384

5he Chief Information Commissioner and Information Commissioners shall be aointed b$ the
-resident on the recommendation of a committee consistin( of2


3i4
the -rime Einister, #ho shall be the Chairerson of the committee!

3ii4
the Aeader of ?osition in the Ao* 6abha! and

3iii4
a >nion Cabinet Einister to be nominated b$ the -rime Einister.

D+lanation.2.or the uroses of remo'al of doubts, it is hereb$ declared that #here the Aeader of
?osition in the @ouse of the -eole has not been reco(nised as such, the Aeader of the sin(le
lar(est (rou in oosition of the )o'ernment in the @ouse of the -eole shall be deemed to be the
Aeader of ?osition.

394

5he (eneral suerintendence, direction and mana(ement of the affairs of the Central Information
Commission shall 'est in the Chief Information Commissioner #ho shall be assisted b$ the
Information Commissioners and ma$ e+ercise all such o#ers and do all such acts and thin(s #hich
ma$ be e+ercised or done b$ the Central Information Commission autonomousl$ #ithout bein(
subCected to directions b$ an$ other authorit$ under this "ct.

354

5he Chief Information Commissioner and Information Commissioners shall be ersons of eminence
in ublic life #ith #ide *no#led(e and e+erience in la#, science and technolo($, social ser'ice,
mana(ement, Cournalism, mass media or administration and (o'ernance.

3:4

5he Chief Information Commissioner or an Information Commissioner shall not be a Eember of
-arliament or Eember of the Ae(islature of an$ 6tate or >nion territor$, as the case ma$ be, or hold
an$ other office of rofit or connected #ith an$ olitical art$ or carr$in( on an$ business or ursuin(
an$ rofession.

3;4

5he head%uarters of the Central Information Commission shall be at Felhi and the Central
Information Commission ma$, #ith the re'ious aro'al of the Central )o'ernment, establish offices
at other laces in India.
,- 314

5he Chief Information Commissioner shall hold office for a term of fi'e $ears from the date on #hich
he enters uon his office and shall not be eli(ible for reaointment1
-ro'ided that no Chief Information Commissioner shall hold office as such after he has attained the
a(e of si+t$/fi'e $ears.

324

D'er$ Information Commissioner shall hold office for a term of fi'e $ears from the date on #hich he
enters uon his office or till he attains the a(e of si+t$/fi'e $ears, #hiche'er is earlier, and shall not be
eli(ible for reaointment as such Information Commissioner1
-ro'ided that e'er$ Information Commissioner shall, on 'acatin( his office under this sub/section be
eli(ible for aointment as the Chief Information Commissioner in the manner secified in sub/
section 384 of section 121
-ro'ided further that #here the Information Commissioner is aointed as the Chief Information
Commissioner, his term of office shall not be more than fi'e $ears in a((re(ate as the Information
Commissioner and the Chief Information Commissioner.

384

5he Chief Information Commissioner or an Information Commissioner shall before he enters uon his
office ma*e and subscribe before the -resident or some other erson aointed b$ him in that behalf,
an oath or affirmation accordin( to the form set out for the urose in the .irst 6chedule.

394

5he Chief Information Commissioner or an Information Commissioner ma$, at an$ time, b$ #ritin(
under his hand addressed to the -resident, resi(n from his office1
-ro'ided that the Chief Information Commissioner or an Information Commissioner ma$ be remo'ed
in the manner secified under section 19.

354
5he salaries and allo#ances a$able to and other terms and conditions of ser'ice of 2


3a4
the Chief Information Commissioner shall be the same as that of the Chief Dlection Commissioner!

3b4
an Information Commissioner shall be the same as that of an Dlection Commissioner1

-ro'ided that if the Chief Information Commissioner or an Information Commissioner, at the time of
his aointment is, in receit of a ension, other than a disabilit$ or #ound ension, in resect of an$
re'ious ser'ice under the )o'ernment of India or under the )o'ernment of a 6tate, his salar$ in
resect of the ser'ice as the Chief Information Commissioner or an Information Commissioner shall
be reduced b$ the amount of that ension includin( an$ ortion of ension #hich #as commuted and
ension e%ui'alent of other forms of retirement benefits e+cludin( ension e%ui'alent of retirement
(ratuit$1

-ro'ided further that if the Chief Information Commissioner or an Information Commissioner if, at the
time of his aointment is, in receit of retirement benefits in resect of an$ re'ious ser'ice
rendered in a Cororation established b$ or under an$ Central "ct or 6tate "ct or a )o'ernment
coman$ o#ned or controlled b$ the Central )o'ernment or the 6tate )o'ernment, his salar$ in
resect of the ser'ice as the Chief Information Commissioner or an Information Commissioner shall
be reduced b$ the amount of ension e%ui'alent to the retirement benefits1

-ro'ided also that the salaries, allo#ances and other conditions of ser'ice of the Chief Information
Commissioner and the Information Commissioners shall not be 'aried to their disad'anta(e after their
aointment.

3:4

5he Central )o'ernment shall ro'ide the Chief Information Commissioner and the Information
Commissioners #ith such officers and emlo$ees as ma$ be necessar$ for the efficient erformance
of their functions under this "ct, and the salaries and allo#ances a$able to and the terms and
conditions of ser'ice of the officers and other emlo$ees aointed for the urose of this "ct shall
be such as ma$ be rescribed.
,. 314

6ubCect to the ro'isions of sub/section 384, the Chief Information Commissioner or an$ Information
Commissioner shall be remo'ed from his office onl$ b$ order of the -resident on the (round of
ro'ed misbeha'iour or incaacit$ after the 6ureme Court, on a reference made to it b$ the
-resident, has, on in%uir$, reorted that the Chief Information Commissioner or an$ Information
Commissioner, as the case ma$ be, ou(ht on such (round be remo'ed.

324

5he -resident ma$ susend from office, and if deem necessar$ rohibit also from attendin( the office
durin( in%uir$, the Chief Information Commissioner or Information Commissioner in resect of #hom
a reference has been made to the 6ureme Court under sub/section 314 until the -resident has
assed orders on receit of the reort of the 6ureme Court on such reference.

384

Not#ithstandin( an$thin( contained in sub/section 314, the -resident ma$ b$ order remo'e from office
the Chief Information Commissioner or an$ Information Commissioner if the Chief Information
Commissioner or a Information Commissioner, as the case ma$ be,2

3a4
is adCud(ed an insol'ent! or

3b4
has been con'icted of an offence #hich, in the oinion of the -resident, in'ol'es moral turitude! or

3c4
en(a(es durin( his term of office in an$ aid emlo$ment outside the duties of his office! or

3d4
is, in the oinion of the -resident, unfit to continue in office b$ reason of infirmit$ of mind or bod$! or

3e4 has ac%uired such financial or other interest as is li*el$ to affect reCudiciall$ his functions as the
Chief Information Commissioner or a Information Commissioner.

394

If the Chief Information Commissioner or a Information Commissioner in an$ #a$, concerned or
interested in an$ contract or a(reement made b$ or on behalf of the )o'ernment of India or
articiates in an$ #a$ in the rofit thereof or in an$ benefit or emolument arisin( there from
other#ise than as a member and in common #ith the other members of an incororated coman$, he
shall, for the uroses of sub/section 314, be deemed to be (uilt$ of misbeha'ior.
CHA+TER I3
Te )t!te Infor#!tion Co##ission
,5 314

D'er$ 6tate )o'ernment shall, b$ notification in the ?fficial )a&ette, constitute a bod$ to be *no#n as
the ......... 3name of the 6tate4 Information Commission to e+ercise the o#ers conferred on, and to
erform the functions assi(ned to, it under this "ct.

324
5he 6tate Information Commission shall consist of2


3a4
the 6tate Chief Information Commissioner, and

3b4
such number of 6tate Information Commissioners, not e+ceedin( ten, as ma$ be deemed necessar$.

384

5he 6tate Chief Information Commissioner and the 6tate Information Commissioners shall be
aointed b$ the )o'ernor on the recommendation of a committee consistin( of2


3i4
the Chief Einister, #ho shall be the Chairerson of the committee!

3ii4
the Aeader of ?osition in the Ae(islati'e "ssembl$! and

3iii4
a Cabinet Einistrer to be nominated b$ the Chief Einister.

D+lanation.2.or the uroses of remo'al of doubts, it is hereb$ declared that #here the Aeader of
?osition in the Ae(islati'e "ssembl$ has not been reco(nised as such, the Aeader of the sin(le
lar(est (rou in oosition of the )o'ernment in the Ae(islati'e "ssembl$ shall be deemed to be the
Aeader of ?osition.

394

5he (eneral suerintendence, direction and mana(ement of the affairs of the 6tate Information
Commission shall 'est in the 6tate Chief Information Commissioner #ho shall be assisted b$ the
6tate Information Commissioners and ma$ e+ercise all such o#ers and do all such acts and thin(s
#hich ma$ be e+ercised or done b$ the 6tate Information Commission autonomousl$ #ithout bein(
subCected to directions b$ an$ other authorit$ under this "ct.

354

5he 6tate Chief Information Commissioner and the 6tate Information Commissioners shall be
ersons of eminence in ublic life #ith #ide *no#led(e and e+erience in la#, science and
technolo($, social ser'ice, mana(ement, Cournalism, mass media or administration and (o'ernance.

3:4

5he 6tate Chief Information Commissioner or a 6tate Information Commissioner shall not be a
Eember of -arliament or Eember of the Ae(islature of an$ 6tate or >nion territor$, as the case ma$
be, or hold an$ other office of rofit or connected #ith an$ olitical art$ or carr$in( on an$ business
or ursuin( an$ rofession.

3;4

5he head%uarters of the 6tate Information Commission shall be at such lace in the 6tate as the
6tate )o'ernment ma$, b$ notification in the ?fficial )a&ette, secif$ and the 6tate Information
Commission ma$, #ith the re'ious aro'al of the 6tate )o'ernment, establish offices at other
laces in the 6tate.
,/ 314

5he 6tate Chief Information Commissioner shall hold office for a term of fi'e $ears from the date on
#hich he enters uon his office and shall not be eli(ible for reaointment1

-ro'ided that no 6tate Chief Information Commissioner shall hold office as such after he has attained
the a(e of si+t$/fi'e $ears.

324

D'er$ 6tate Information Commissioner shall hold office for a term of fi'e $ears from the date on #hich
he enters uon his office or till he attains the a(e of si+t$/fi'e $ears, #hiche'er is earlier, and shall not
be eli(ible for reaointment as such 6tate Information Commissioner1

-ro'ided that e'er$ 6tate Information Commissioner shall, on 'acatin( his office under this sub/
section, be eli(ible for aointment as the 6tate Chief Information Commissioner in the manner
secified in sub/section 384 of section 151

-ro'ided further that #here the 6tate Information Commissioner is aointed as the 6tate Chief
Information Commissioner, his term of office shall not be more than fi'e $ears in a((re(ate as the
6tate Information Commissioner and the 6tate Chief Information Commissioner.

384

5he 6tate Chief Information Commissioner or a 6tate Information Commissioner, shall before he
enters uon his office ma*e and subscribe before the )o'ernor or some other erson aointed b$
him in that behalf, an oath or affirmation accordin( to the form set out for the urose in the .irst
6chedule.

394

5he 6tate Chief Information Commissioner or a 6tate Information Commissioner ma$, at an$ time, b$
#ritin( under his hand addressed to the )o'ernor, resi(n from his office1

-ro'ided that the 6tate Chief Information Commissioner or a 6tate Information Commissioner ma$ be
remo'ed in the manner secified under section 1;.

354
5he salaries and allo#ances a$able to and other terms and conditions of ser'ice of2


3a4
the 6tate Chief Information Commissioner shall be the same as that of an Dlection Commissioner!

3b4 the 6tate Information Commissioner shall be the same as that of the Chief 6ecretar$ to the 6tate
)o'ernment1

-ro'ided that if the 6tate Chief Information Commissioner or a 6tate Information Commissioner, at
the time of his aointment is, in receit of a ension, other than a disabilit$ or #ound ension, in
resect of an$ re'ious ser'ice under the )o'ernment of India or under the )o'ernment of a 6tate,
his salar$ in resect of the ser'ice as the 6tate Chief Information Commissioner or a 6tate
Information Commissioner shall be reduced b$ the amount of that ension includin( an$ ortion of
ension #hich #as commuted and ension e%ui'alent of other forms of retirement benefits e+cludin(
ension e%ui'alent of retirement (ratuit$1

-ro'ided further that #here the 6tate Chief Information Commissioner or a 6tate Information
Commissioner if, at the time of his aointment is, in receit of retirement benefits in resect of an$
re'ious ser'ice rendered in a Cororation established b$ or under an$ Central "ct or 6tate "ct or a
)o'ernment coman$ o#ned or controlled b$ the Central )o'ernment or the 6tate )o'ernment, his
salar$ in resect of the ser'ice as the 6tate Chief Information Commissioner or the 6tate Information
Commissioner shall be reduced b$ the amount of ension e%ui'alent to the retirement benefits1

-ro'ided also that the salaries, allo#ances and other conditions of ser'ice of the 6tate Chief
Information Commissioner and the 6tate Information Commissioners shall not be 'aried to their
disad'anta(e after their aointment.

3:4

5he 6tate )o'ernment shall ro'ide the 6tate Chief Information Commissioner and the 6tate
Information Commissioners #ith such officers and emlo$ees as ma$ be necessar$ for the efficient
erformance of their functions under this "ct, and the salaries and allo#ances a$able to and the
terms and conditions of ser'ice of the officers and other emlo$ees aointed for the urose of this
"ct shall be such as ma$ be rescribed.
,0 314

6ubCect to the ro'isions of sub/section 384, the 6tate Chief Information Commissioner or a 6tate
Information Commissioner shall be remo'ed from his office onl$ b$ order of the )o'ernor on the
(round of ro'ed misbeha'iour or incaacit$ after the 6ureme Court, on a reference made to it b$
the )o'ernor, has on in%uir$, reorted that the 6tate Chief Information Commissioner or a 6tate
Information Commissioner, as the case ma$ be, ou(ht on such (round be remo'ed.

324

5he )o'ernor ma$ susend from office, and if deem necessar$ rohibit also from attendin( the office
durin( in%uir$, the 6tate Chief Information Commissioner or a 6tate Information Commissioner in
resect of #hom a reference has been made to the 6ureme Court under sub/section 314 until the
)o'ernor has assed orders on receit of the reort of the 6ureme Court on such reference.

384

Not#ithstandin( an$thin( contained in sub/section 314, the )o'ernor ma$ b$ order remo'e from office
the 6tate Chief Information Commissioner or a 6tate Information Commissioner if a 6tate Chief
Information Commissioner or a 6tate Information Commissioner, as the case ma$ be,2

3a4 is adCud(ed an insol'ent! or

3b4
has been con'icted of an offence #hich, in the oinion of the )o'ernor, in'ol'es moral turitude! or

3c4
en(a(es durin( his term of office in an$ aid emlo$ment outside the duties of his office! or

3d4
is, in the oinion of the )o'ernor, unfit to continue in office b$ reason of infirmit$ of mind or bod$! or

3e4 has ac%uired such financial or other interest as is li*el$ to affect reCudiciall$ his functions as the
6tate Chief Information Commissioner or a 6tate Information Commissioner.

394

If the 6tate Chief Information Commissioner or a 6tate Information Commissioner in an$ #a$,
concerned or interested in an$ contract or a(reement made b$ or on behalf of the )o'ernment of the
6tate or articiates in an$ #a$ in the rofit thereof or in an$ benefit or emoluments arisin( therefrom
other#ise than as a member and in common #ith the other members of an incororated coman$, he
shall, for the uroses of sub/section 314, be deemed to be (uilt$ of misbeha'iour.
CHA+TER 3
+o'ers !nd functions of te Infor#!tion Co##issions, !ppe!" !nd pen!"ties
,1 314

6ubCect to the ro'isions of this "ct, it shall be the dut$ of the Central Information Commission or
6tate Information Commission, as the case ma$ be, to recei'e and in%uire into a comlaint from an$
erson,2


3a4 #ho has been unable to submit a re%uest to a Central -ublic Information ?fficer or 6tate -ublic
Information ?fficer, as the case ma$ be, either b$ reason that no such officer has been aointed
under this "ct, or because the Central "ssistant -ublic Information ?fficer or 6tate "ssistant -ublic
Information ?fficer, as the case ma$ be, has refused to accet his or her alication for information or
aeal under this "ct for for#ardin( the same to the Central -ublic Information ?fficer or 6tate -ublic
Information ?fficer or senior officer secified in sub/section 314 of section 1B or the Central
Information Commission or the 6tate Information Commission, as the case ma$ be!

3b4
#ho has been refused access to an$ information re%uested under this "ct!

3c4 #ho has not been (i'en a resonse to a re%uest for information or access to information #ithin the
time limit secified under this "ct!

3d4
#ho has been re%uired to a$ an amount of fee #hich he or she considers unreasonable!

3e4 #ho belie'es that he or she has been (i'en incomlete, misleadin( or false information under this
"ct! and

3f4
in resect of an$ other matter relatin( to re%uestin( or obtainin( access to records under this "ct.

324

Where the Central Information Commission or 6tate Information Commission, as the case ma$ be, is
satisfied that there are reasonable (rounds to in%uire into the matter, it ma$ initiate an in%uir$ in
resect thereof.

384

5he Central Information Commission or 6tate Information Commission, as the case ma$ be, shall,
#hile in%uirin( into an$ matter under this section, ha'e the same o#ers as are 'ested in a ci'il court
#hile tr$in( a suit under the Code of Ci'il -rocedure, 1B0<, in resect of the follo#in( matters,
namel$12


3a4 summonin( and enforcin( the attendance of ersons and comel them to (i'e oral or #ritten
e'idence on oath and to roduce the documents or thin(s!

3b4
re%uirin( the disco'er$ and insection of documents!

3c4
recei'in( e'idence on affida'it!

3d4
re%uisitionin( an$ ublic record or coies thereof from an$ court or office!

3e4
issuin( summons for e+amination of #itnesses or documents! and

3f4
an$ other matter #hich ma$ be rescribed.

394

Not#ithstandin( an$thin( inconsistent contained in an$ other "ct of -arliament or 6tate Ae(islature,
as the case ma$ be, the Central Information Commission or the 6tate Information Commission, as
the case ma$ be, ma$, durin( the in%uir$ of an$ comlaint under this "ct, e+amine an$ record to
#hich this "ct alies #hich is under the control of the ublic authorit$, and no such record ma$ be
#ithheld from it on an$ (rounds.
,2 314

"n$ erson #ho, does not recei'e a decision #ithin the time secified in sub/section 314 or clause 3a4
of sub/section 384 of section ;, or is a((rie'ed b$ a decision of the Central -ublic Information ?fficer
or 6tate -ublic Information ?fficer, as the case ma$ be, ma$ #ithin thirt$ da$s from the e+ir$ of such
eriod or from the receit of such a decision refer an aeal to such officer #ho is senior in ran* to
the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer as the case ma$ be, in each
ublic authorit$1

-ro'ided that such officer ma$ admit the aeal after the e+ir$ of the eriod of thirt$ da$s if he or
she is satisfied that the aellant #as re'ented b$ sufficient cause from filin( the aeal in time.

324

Where an aeal is referred a(ainst an order made b$ a Central -ublic Information ?fficer or a
6tate -ublic Information ?fficer, as the case ma$ be, under section 11 to disclose third art$
information, the aeal b$ the concerned third art$ shall be made #ithin thirt$ da$s from the date of
the order.

384

" second aeal a(ainst the decision under sub/section 314 shall lie #ithin ninet$ da$s from the date
on #hich the decision should ha'e been made or #as actuall$ recei'ed, #ith the Central Information
Commission or the 6tate Information Commission1

-ro'ided that the Central Information Commission or the 6tate Information Commission, as the case
ma$ be, ma$ admit the aeal after the e+ir$ of the eriod of ninet$ da$s if it is satisfied that the
aellant #as re'ented b$ sufficient cause from filin( the aeal in time.

394

If the decision of the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the
case ma$ be, a(ainst #hich an aeal is referred relates to information of a third art$, the Central
Information Commission or 6tate Information Commission, as the case ma$ be, shall (i'e a
reasonable oortunit$ of bein( heard to that third art$.

354

In an$ aeal roceedin(s, the onus to ro'e that a denial of a re%uest #as Custified shall be on the
Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, #ho denied
the re%uest.

3:4

"n aeal under sub/section 314 or sub/section 324 shall be disosed of #ithin thirt$ da$s of the
receit of the aeal or #ithin such e+tended eriod not e+ceedin( a total of fort$/fi'e da$s from the
date of filin( thereof, as the case ma$ be, for reasons to be recorded in #ritin(.

3;4

5he decision of the Central Information Commission or 6tate Information Commission, as the case
ma$ be, shall be bindin(.

3<4

In its decision, the Central Information Commission or 6tate Information Commission, as the case
ma$ be, has the o#er to2

3a4 re%uire the ublic authorit$ to ta*e an$ such stes as ma$ be necessar$ to secure comliance #ith
the ro'isions of this "ct, includin(2

3i4
b$ ro'idin( access to information, if so re%uested, in a articular form!

3ii4 b$ aointin( a Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the
case ma$ be!

3iii4
b$ ublishin( certain information or cate(ories of information!

3i'4 b$ ma*in( necessar$ chan(es to its ractices in relation to the maintenance, mana(ement and
destruction of records!

3'4
b$ enhancin( the ro'ision of trainin( on the ri(ht to information for its officials!

3'i4 b$ ro'idin( it #ith an annual reort in comliance #ith clause 3b4 of sub/section 314 of section
9!

3b4
re%uire the ublic authorit$ to comensate the comlainant for an$ loss or other detriment suffered!

3c4
imose an$ of the enalties ro'ided under this "ct!

3d4
reCect the alication.

3B4

5he Central Information Commission or 6tate Information Commission, as the case ma$ be, shall
(i'e notice of its decision, includin( an$ ri(ht of aeal, to the comlainant and the ublic authorit$.

3104

5he Central Information Commission or 6tate Information Commission, as the case ma$ be, shall
decide the aeal in accordance #ith such rocedure as ma$ be rescribed.
20 314

Where the Central Information Commission or the 6tate Information Commission, as the case ma$
be, at the time of decidin( an$ comlaint or aeal is of the oinion that the Central -ublic
Information ?fficer or the 6tate -ublic Information ?fficer, as the case ma$ be, has, #ithout an$
reasonable cause, refused to recei'e an alication for information or has not furnished information
#ithin the time secified under sub/section 314 of section ; or malafidel$ denied the re%uest for
information or *no#in(l$ (i'en incorrect, incomlete or misleadin( information or destro$ed
information #hich #as the subCect of the re%uest or obstructed in an$ manner in furnishin( the
information, it shall imose a enalt$ of t#o hundred and fift$ ruees each da$ till alication is
recei'ed or information is furnished, so ho#e'er, the total amount of such enalt$ shall not e+ceed
t#ent$/fi'e thousand ruees1

-ro'ided that the Central -ublic Information ?fficer or the 6tate -ublic Information ?fficer, as the
case ma$ be, shall be (i'en a reasonable oortunit$ of bein( heard before an$ enalt$ is imosed
on him1

-ro'ided further that the burden of ro'in( that he acted reasonabl$ and dili(entl$ shall be on the
Central -ublic Information ?fficer or the 6tate -ublic Information ?fficer, as the case ma$ be.

324

Where the Central Information Commission or the 6tate Information Commission, as the case ma$
be, at the time of decidin( an$ comlaint or aeal is of the oinion that the Central -ublic
Information ?fficer or the 6tate -ublic Information ?fficer, as the case ma$ be, has, #ithout an$
reasonable cause and ersistentl$, failed to recei'e an alication for information or has not
furnished information #ithin the time secified under sub/section 314 of section ; or malafidel$ denied
the re%uest for information or *no#in(l$ (i'en incorrect, incomlete or misleadin( information or
destro$ed information #hich #as the subCect of the re%uest or obstructed in an$ manner in furnishin(
the information, it shall recommend for discilinar$ action a(ainst the Central -ublic Information
?fficer or the 6tate -ublic Information ?fficer, as the case ma$ be, under the ser'ice rules alicable
to him.
CHA+TER 3I
Misce""!neous
2,

No suit, rosecution or other le(al roceedin( shall lie a(ainst an$ erson for an$thin( #hich is in
(ood faith done or intended to be done under this "ct or an$ rule made thereunder.
22

5he ro'isions of this "ct shall ha'e effect not#ithstandin( an$thin( inconsistent there#ith contained
in the ?fficial 6ecrets "ct, 1B28, and an$ other la# for the time bein( in force or in an$ instrument
ha'in( effect b$ 'irtue of an$ la# other than this "ct.
2-

No court shall entertain an$ suit, alication or other roceedin( in resect of an$ order made under
this "ct and no such order shall be called in %uestion other#ise than b$ #a$ of an aeal under this
"ct.
2. 314

Nothin( contained in this "ct shall al$ to the intelli(ence and securit$ or(anisations secified in the
6econd 6chedule, bein( or(anisations established b$ the Central )o'ernment or an$ information
furnished b$ such or(anisations to that )o'ernment1

-ro'ided that the information ertainin( to the alle(ations of corrution and human ri(hts 'iolations
shall not be e+cluded under this sub/section1

-ro'ided further that in the case of information sou(ht for is in resect of alle(ations of 'iolation of
human ri(hts, the information shall onl$ be ro'ided after the aro'al of the Central Information
Commission, and not#ithstandin( an$thin( contained in section ;, such information shall be ro'ided
#ithin fort$/fi'e da$s from the date of the receit of re%uest.

324

5he Central )o'ernment ma$, b$ notification in the ?fficial )a&ette, amend the 6chedule b$
includin( therein an$ other intelli(ence or securit$ or(anisation established b$ that )o'ernment or
omittin( therefrom an$ or(anisation alread$ secified therein and on the ublication of such
notification, such or(anisation shall be deemed to be included in or, as the case ma$ be, omitted from
the 6chedule.

384
D'er$ notification issued under sub/section 324 shall be laid before each @ouse of -arliament.

394

Nothin( contained in this "ct shall al$ to such intelli(ence and securit$ or(anisation bein(
or(anisations established b$ the 6tate )o'ernment, as that )o'ernment ma$, from time to time, b$
notification in the ?fficial )a&ette, secif$1

-ro'ided that the information ertainin( to the alle(ations of corrution and human ri(hts 'iolations
shall not be e+cluded under this sub/section1

-ro'ided further that in the case of information sou(ht for is in resect of alle(ations of 'iolation of
human ri(hts, the information shall onl$ be ro'ided after the aro'al of the 6tate Information
Commission and, not#ithstandin( an$thin( contained in section ;, such information shall be ro'ided
#ithin fort$/fi'e da$s from the date of the receit of re%uest.

354
D'er$ notification issued under sub/section 394 shall be laid before the 6tate Ae(islature.
25 314

5he Central Information Commission or 6tate Information Commission, as the case ma$ be, shall, as
soon as racticable after the end of each $ear, reare a reort on the imlementation of the
ro'isions of this "ct durin( that $ear and for#ard a co$ thereof to the aroriate )o'ernment.

324

Dach Einistr$ or Feartment shall, in relation to the ublic authorities #ithin their Curisdiction, collect
and ro'ide such information to the Central Information Commission or 6tate Information
Commission, as the case ma$ be, as is re%uired to reare the reort under this section and coml$
#ith the re%uirements concernin( the furnishin( of that information and *eein( of records for the
uroses of this section.

384
Dach reort shall state in resect of the $ear to #hich the reort relates,2

3a4
the number of re%uests made to each ublic authorit$!

3b4 the number of decisions #here alicants #ere not entitled to access to the documents ursuant to
the re%uests, the ro'isions of this "ct under #hich these decisions #ere made and the number of
times such ro'isions #ere in'o*ed!

3c4 the number of aeals referred to the Central Information Commission or 6tate Information
Commission, as the case ma$ be, for re'ie#, the nature of the aeals and the outcome of the
aeals!

3d4 articulars of an$ discilinar$ action ta*en a(ainst an$ officer in resect of the administration of this
"ct!

3e4
the amount of char(es collected b$ each ublic authorit$ under this "ct!

3f4 an$ facts #hich indicate an effort b$ the ublic authorities to administer and imlement the sirit and
intention of this "ct!

3(4 recommendations for reform, includin( recommendations in resect of the articular ublic
authorities, for the de'eloment, imro'ement, modernisation, reform or amendment to this "ct or
other le(islation or common la# or an$ other matter rele'ant for oerationalisin( the ri(ht to access
information.

394

5he Central )o'ernment or the 6tate )o'ernment, as the case ma$ be, ma$, as soon as racticable
after the end of each $ear, cause a co$ of the reort of the Central Information Commission or the
6tate Information Commission, as the case ma$ be, referred to in sub/section 314 to be laid before
each @ouse of -arliament or, as the case ma$ be, before each @ouse of the 6tate Ae(islature, #here
there are t#o @ouses, and #here there is one @ouse of the 6tate Ae(islature before that @ouse.

354

If it aears to the Central Information Commission or 6tate Information Commission, as the case
ma$ be, that the ractice of a ublic authorit$ in relation to the e+ercise of its functions under this "ct
does not conform #ith the ro'isions or sirit of this "ct, it ma$ (i'e to the authorit$ a
recommendation secif$in( the stes #hich ou(ht in its oinion to be ta*en for romotin( such
conformit$.
2/ 314
5he aroriate )o'ernment ma$, to the e+tent of a'ailabilit$ of financial and other resources,2

3a4 de'elo and or(anise educational ro(rammes to ad'ance the understandin( of the ublic, in
articular of disad'anta(ed communities as to ho# to e+ercise the ri(hts contemlated under this "ct!

3b4 encoura(e ublic authorities to articiate in the de'eloment and or(anisation of ro(rammes
referred to in clause 3a4 and to underta*e such ro(rammes themsel'es!

3c4 romote timel$ and effecti'e dissemination of accurate information b$ ublic authorities about their
acti'ities! and

3d4 train Central -ublic Information ?fficers or 6tate -ublic Information ?fficers, as the case ma$ be, of
ublic authorities and roduce rele'ant trainin( materials for use b$ the ublic authorities themsel'es.

324

5he aroriate )o'ernment shall, #ithin ei(hteen months from the commencement of this "ct,
comile in its official lan(ua(e a (uide containin( such information, in an easil$ comrehensible form
and manner, as ma$ reasonabl$ be re%uired b$ a erson #ho #ishes to e+ercise an$ ri(ht secified
in this "ct.

384

5he aroriate )o'ernment shall, if necessar$, udate and ublish the (uidelines referred to in sub/
section 324 at re(ular inter'als #hich shall, in articular and #ithout reCudice to the (eneralit$ of sub/
section 324, include2

3a4
the obCects of this "ct!

3b4 the ostal and street address, the hone and fa+ number and, if a'ailable, electronic mail address of
the Central -ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be, of
e'er$ ublic authorit$ aointed under sub/section 314 of section 5!

3c4 the manner and the form in #hich re%uest for access to an information shall be made to a Central
-ublic Information ?fficer or 6tate -ublic Information ?fficer, as the case ma$ be!

3d4 the assistance a'ailable from and the duties of the Central -ublic Information ?fficer or 6tate -ublic
Information ?fficer, as the case ma$ be, of a ublic authorit$ under this "ct!

3e4 the assistance a'ailable from the Central Information Commission or 6tate Information Commission,
as the case ma$ be!

3f4 all remedies in la# a'ailable re(ardin( an act or failure to act in resect of a ri(ht or dut$ conferred or
imosed b$ this "ct includin( the manner of filin( an aeal to the Commission!

3(4 the ro'isions ro'idin( for the 'oluntar$ disclosure of cate(ories of records in accordance #ith
section 9!

3h4
the notices re(ardin( fees to be aid in relation to re%uests for access to an information! and

3i4 an$ additional re(ulations or circulars made or issued in relation to obtainin( access to an information
in accordance #ith this "ct.

394

5he aroriate )o'ernment must, if necessar$, udate and ublish the (uidelines at re(ular
inter'als.
20 314

5he aroriate )o'ernment ma$, b$ notification in the ?fficial )a&ette, ma*e rules to carr$ out the
ro'isions of this "ct.

324

In articular, and #ithout reCudice to the (eneralit$ of the fore(oin( o#er, such rules ma$ ro'ide
for all or an$ of the follo#in( matters, namel$12

3a4 the cost of the medium or rint cost rice of the materials to be disseminated under sub/section 394 of
section 9!

3b4
the fee a$able under sub/section 314 of section :!

3c4
the fee a$able under sub/sections 314 and 354 of section ;!

3d4 the salaries and allo#ances a$able to and the terms and conditions of ser'ice of the officers and
other emlo$ees under sub/section 3:4 of section 18 and sub/section 3:4 of section 1:!

3e4 the rocedure to be adoted b$ the Central Information Commission or 6tate Information
Commission, as the case ma$ be, in decidin( the aeals under sub/section 3104 of section 1B! and

3f4
an$ other matter #hich is re%uired to be, or ma$ be, rescribed.
21 314

5he cometent authorit$ ma$, b$ notification in the ?fficial )a&ette, ma*e rules to carr$ out the
ro'isions of this "ct.

324

In articular, and #ithout reCudice to the (eneralit$ of the fore(oin( o#er, such rules ma$ ro'ide
for all or an$ of the follo#in( matters, namel$12


3i4 the cost of the medium or rint cost rice of the materials to be disseminated under sub/section 394 of
section 9!

3ii4
the fee a$able under sub/section 314 of section :!

3iii4
the fee a$able under sub/section 314 of section ;! and

3i'4
an$ other matter #hich is re%uired to be, or ma$ be, rescribed.
22 314

D'er$ rule made b$ the Central )o'ernment under this "ct shall be laid, as soon as ma$ be after it is
made, before each @ouse of -arliament, #hile it is in session, for a total eriod of thirt$ da$s #hich
ma$ be comrised in one session or in t#o or more successi'e sessions, and if, before the e+ir$ of
the session immediatel$ follo#in( the session or the successi'e sessions aforesaid, both @ouses
a(ree in ma*in( an$ modification in the rule or both @ouses a(ree that the rule should not be made,
the rule shall thereafter ha'e effect onl$ in such modified form or be of no effect, as the case ma$ be!
so, ho#e'er, that an$ such modification or annulment shall be #ithout reCudice to the 'alidit$ of
an$thin( re'iousl$ done under that rule.

324

D'er$ rule made under this "ct b$ a 6tate )o'ernment shall be laid, as soon as ma$ be after it is
notified, before the 6tate Ae(islature.
-0 314

If an$ difficult$ arises in (i'in( effect to the ro'isions of this "ct, the Central )o'ernment ma$, b$
order ublished in the ?fficial )a&ette, ma*e such ro'isions not inconsistent #ith the ro'isions of
this "ct as aear to it to be necessar$ or e+edient for remo'al of the difficult$1

-ro'ided that no such order shall be made after the e+ir$ of a eriod of t#o $ears from the date of
the commencement of this "ct.

324

D'er$ order made under this section shall, as soon as ma$ be after it is made, be laid before each
@ouse of -arliament.
-,
5he .reedom of Information "ct, 2002 is hereb$ reealed.
THE FIR)T )CHE456E
[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 udgment 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 )ECON4 )CHE456E
(See section 24)
Intelligence and security organisation established by the Central Government

,*
Inte""igence 7ure!u*

2*
Rese!rc !nd An!"&sis 8ing of te C!%inet )ecret!ri!t*

-*
4irector!te of Revenue Inte""igence*

.*
Centr!" Econo#ic Inte""igence 7ure!u*

5*
4irector!te of Enforce#ent*

/*
N!rcotics Contro" 7ure!u*

0*
Avi!tion Rese!rc Centre*

1*
)peci!" Frontier Force*

2*
7order )ecurit& Force*

,0*
Centr!" Reserve +o"ice Force*

,,*
Indo9Ti%et!n 7order +o"ice*

,2*
Centr!" Industri!" )ecurit& Force*

,-*
N!tion!" )ecurit& Gu!rds*

,.*
Ass!# Rif"es*

,5*
)peci!" )ervice 7ure!u*

,/*
)peci!" 7r!nc :CI4;, And!#!n !nd Nico%!r*

,0*
Te Cri#e 7r!nc9C*I*4*9 C7, 4!dr! !nd N!g!r H!ve"i*

,1*
)peci!" 7r!nc, 6!(s!d'eep +o"ice*