Assignment of Jurisprudence On Right To Information Act
Assignment of Jurisprudence On Right To Information Act
-Subject to the provisions of this Aet, all citizens shall have the right
to information.
4.Obligations of public authorities.-) 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
o be computerised are, within a reasonable time and subject to availability of resources,
omputerised and connected through a network all over the country on different systems so that
ccess to such records is facilitated;
) Publish within one hundred and twenty days from the enactment of this Act,
() the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(ii) the procedure followed in the decision making process, including channels of
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advice, and as to whether meetings of those bourds, councils, committees and other
bodies are open to the publie, or the minutes of such meetings are accessible for publie;
() 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.
5. Designation of Public Information Ofmicers
(1) Every public authority shal, within onc 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 otfices under it as may be necessary to provide
Central Assistant Public Information oficer or a State Assistant Public Intormation Oficer, as
the case may be, a period of five days shall be added in computing the period for response
reasonable
may be, shall deal wilh requests trom Persons secking intormation and render
be, may seek the assistance of any other officer as be or she considers it necesary for the proper
assistance to the Central Public Intformation Officer or State Public Information Oficer, 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 Oficer
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 fec as may be preseribed, to
(a) the Central Public Information Officer or State Publie Information Officer. as the case
may be, of the concerned public authority:
(b) the Central Asistant Public Information Oicer 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 Publie
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 tor
contacting him.
(3) Where an application is made to a public authority requesting for an information,
public authority,
the public authority, to which such application is made, shal transfer the application or
SUch part of it as may be appropriate to that other public authority and infomm the applicant
soon as practicable but in no case later than five days from the date of receipt of the application
7. Disposal of request.
section 6, the Central Public Information Officer or State Public Information Oficer, as the case
may be, on receipt of a request under section 6 shall, as expeditiously as possible, and m 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 tor any of the reasons specified in sections8
and 9: Provided that where the information sought for concems 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 Oficer or State Public Information Oicer, 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 Oficer 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 Publie Information Officer or
State Public Information Oficer, as the case may be, shall send an intimation to the person
(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 0 , requesting him to deposit that fees
and the period intervening between the despatch of the said intimation and puyment of
fees shall be excluded for the purpose of calculating the períod of thirty days referred to
in that sub-section;
(6) information concening his or her righi with respect to review the decision as to the
amount of fees charged or the form of access provided, including the particulars of the
appellate authority, time limit, process and any other forms.
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(4) Where access to the ecord 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 Oficer, as the case may be, shall provide assistance to enable
access to the intomation, including providing such assistance as may be appropriate for the
imspection.
6) Where access to infornation is to be provided in the printed or in any electronic format, the
applicant shal, subject to the provisions of sub-section (6), pay such fee as may be preseribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections () 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 Govemment.
( ) 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 ().
(7) Before taking any decision under sub-section (U), the Central Public Infomation Officer or
State Public Information Officer, as the case may be, shall take into consideration the
representation made bya third party under section I1.
(8) Where a request has been rejected under sub-section (1), the Central Public Information
Officer or State Public Information Oficer, as the case may be, shall communicate to the person
(i) the period within which an appeal against such rejection may be preferred; and
(ii) 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 rocord in question.
8. Exemption from disclosure of information-) Norwithsanding anything contained in this
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(0) intormation, the disclosure of which would cause a breach of privilege of Parliament or the
State Legislature;
(a) informalion including commercial confidence, trade secrets or intelleclual property, the
disclosure of which would ham the competitive postion 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 salisfied that the larger public interest warrants the disclosure of such information;
Security purposes,
() cabinet papers including records of deliberations of the Council of Ministers, Secretaries and
other oficers
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
Without prejudice to the provisions of section 8, a Central Public Infomation 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 iníringement of copyright subsisting in a person
contained in this Act, access may be provided to that part of the recond 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.
11. Third party information (/) 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
thereot 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
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State Public Information Oflicer, 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 Oflicer, the
as case
may be, intends to
disclose the information record,
or or
part thereof, and invite the third party to make a
Submissiorm in
writing or orally, regarding whether the intormation should be disclosed, and such
submission of the third party shall be kept in view while decision about disclosure of
taking a
information.
12. Constitution of Central Information commissions
()The Central Government shall, by notification in the OMcial 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, t under this Act.
()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 Intormation 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 Infomation Commissiones shall be persons of
eminence in public life with wide knowledge and experience in law, science and technolog
social service, management, journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an nformation 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 anv other oflice of nrofit or connected with any nolitical narty or carming on
offices at other places in India.