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The Right to Information Act, 2005

Year of Passage: 2005 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Right to InformationAct, 2005. (2) It extends to the whole of India 1***. (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 shallcome into force on the one hundred and twentieth day of its enactment.

Section 2 Definitions.

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 constitutedunder sub-section (1) of section 12; (c) "Central Public Information Officer" means the Central Public Information Officer designatedunder sub-section (1) and includes a Central Assistant Public Information Officer designated as suchunder sub-section (2) of section 5; (d) "Chief Information Commissioner" and "Information Commissioner" mean the ChiefInformation Commissioner and Information Commissioner appointed under sub-section (3) of section12; (e) "competent authority" means-- (i) the Speaker in the case of the House of the People or the Legislative Assembly of a Stateor a Union territory having such Assembly and the Chairman in the case of the Council of Statesor 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 authoritiesestablished 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 whichcan 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 orthe competent authority, as the case may be; (h) "public authority" means any authority or body or institution of self- government establishedor 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 organisation 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 ornot); 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 heldby 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 anyother electronic mode or through printouts where such information is stored in a computer or inany other device; (k) "State Information Commission" means the State Information Commission constituted undersub-section (1) of section 15; (l) "State Chief Information Commissioner" and "State Information Commissioner" mean theState Chief Information Commissioner and the State Information Commissioner appointed under subsection(3) of section 15; (m) "State Public Information Officer" means the State Public Information Officer designatedunder sub-section (1) and includes a State Assistant Public Information Officer designated as suchunder sub-section (2) of section 5; (n) "third party" means a person other than the citizen making a request for information andincludes a public authority.

Section 3 Right to information.

Subject to the provisions of this Act, all citizens shall have the right toinformation.

Section 4 Obligations of public authorities.

(1) Every public authority shall-- (a) maintain all its records duly catalogued and indexed in a manner and the form whichfacilitates the right to information under this Act and ensure that all records that are appropriate to becomputerised are, within a reasonable time and subject to availability of resources, computerised andconnected through a network all over the country on different systems so that access to such recordsis 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 supervisionand 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 orused 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 ormore persons constituted as its part or for the purpose of its advice, and as to whether meetings ofthose boards, councils, committees and other bodies are open to the public, or the minutes of suchmeetings 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 thesystem of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposedexpenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated andthe 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 electronicform; (xv) the particulars of facilities available to citizens for obtaining information, including theworking 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 decisionswhich 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 therequirements of clause (b) of sub-section (1) to provide as much information suo motu to the public atregular intervals through various means of communications, including internet, so that the public haveminimum 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 suchform and manner which is easily accessible to the public. (4) All materials shall be disseminated taking into consideration the cost effectiveness, local languageand the most effective method of communication in that local area and the information should be easilyaccessible, to the extent possible in electronic format with the Central Public Information Officer or StatePublic Information Officer, as the case may be, available free or at such cost of the medium or the printcost price as may be prescribed. Explanation.--For the purposes of sub-sections (3) and (4), "disseminated" means making known orcommunicated 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.

Section 5 Designation of Public Information Officers.

(1) Every public authority shall, within onehundred days of the enactment of this Act, designate as many officers as the Central Public InformationOfficers or State Public Information Officers, as the case may be, in all administrative units or officesunder it as may be necessary to provide information to persons requesting for the information under thisAct. (2) Without prejudice to the provisions of sub-section (1), every public authority shall designate anofficer, within one hundred days of the enactment of this Act, at each sub-divisional level or other subdistrictlevel as a Central Assistant Public Information Officer or a State Assistant Public InformationOfficer, as the case may be, to receive the applications for information or appeals under this Act forforwarding the same forthwith to the Central Public Information Officer or the State Public InformationOfficer or senior officer specified under sub-section (1) of section 19 or the Central InformationCommission 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 PublicInformation Officer or a State Assistant Public Information Officer, as the case may be, a period of fivedays 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 personsseeking 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 ofhis or her duties. (5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance tothe Central Public Information Officer or State Public Information Officer, as the case may be, seekinghis or her assistance and for the purposes of any contravention of the provisions of this Act, such otherofficer shall be treated as a Central Public Information Officer or State Public Information Officer, as thecase may be.
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