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Official Legislative Archive

Right to Information Act, 2005

SECTION Section 1

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1 THE RIGHT TO INFORMATION ACT, 2005 __________________ ARRANGEMENT OF SECTIONS __________________
SECTION section 12

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section 12;
SECTION Section 15

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CHAPTER III THE CENTRAL INFORMATION COMMISSION
SECTION section 16

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section 16;]
SECTION Section 19

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CHAPTER IV THE STATE INFORMATION COMMISSION
SECTION Section 2

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CHAPTER I PRELIMINARY SECTIONS
SECTION Section 23

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CHAPTER V POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES
SECTION Section 27

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CHAPTER VI MISCELLANEOUS
SECTION Section 39

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CHAPTER I PRELIMINARY
SECTION section 4

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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.
SECTION Section 44

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CHAPTER II RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
SECTION Section 5

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CHAPTER II RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
SECTION Section 57

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CHAPTER III THE CENTRAL INFORMATION COMMISSION
SECTION section 6

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section 6, if t he 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 n otice 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.
SECTION Section 63

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CHAPTER IV THE STATE INFORMATION COMMISSION
SECTION Section 68

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CHAPTER V POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES
SECTION section 7

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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.
SECTION Section 74

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CHAPTER VI MISCELLANEOUS
SECTION section 8

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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.
SECTION Section 81

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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 19 (d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and pro duce 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 easil y 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 regu lar intervals which shall, in particular and without prejudice to the general ity 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 publi sh the guidelines at regular intervals.
SECTION 1.

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1.Short title, extent and commencement.
SECTION 2.

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2.Definitions.
SECTION 3.

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3.Right to information.
SECTION 4.

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4.Obligations of public authorities.
SECTION 5.

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5.Designation of Public Information Officers.
SECTION 6.

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6.Request for obtaining information.
SECTION 7.

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7.Disposal of request.
SECTION 8.

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8.Exemption from disclosure of information.
SECTION 9.

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9.Grounds for rejection to access in certain cases.
SECTION 10.

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10.Severability.
SECTION 11.

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11.Third party information.
SECTION 12.

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12.Constitution of Central Information Commission.
SECTION 13.

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13.Terms of office and conditions of service.
SECTION 14.

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14.Removal of Chief Information Commissioner or Information Commissioner.
SECTION 15.

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15.Constitution of State Information Commission.
SECTION 16.

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16.Term of office and conditions of service.
SECTION 17.

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17.Removal of State Chief Information Commissioner or State Information Commissioner.
SECTION 18.

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18.Powers and functions of Information Commissions. 2 SECTIONS
SECTION 19.

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19.Appeal.
SECTION 20.

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20.Penalties.
SECTION 21.

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21.Protection of action taken in good faith.
SECTION 22.

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22.Act to have overriding effect.
SECTION 23.

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23.Bar of jurisdiction of courts.
SECTION 24.

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24.Act not to apply to certain organisations.
SECTION 25.

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25.Monitoring and reporting.
SECTION 26.

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26.Appropriate Government to prepare programmes.
SECTION 27.

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27.Power to make rules by appropriate Government.
SECTION 28.

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28.Power to make rules by competent authority.
SECTION 29.

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29.Laying of rules.
SECTION 30.

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30.Power to remove difficulties.
SECTION 31.

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31.Repeal. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 3 THE RIGHT TO INFORMATION ACT, 2005 ACT 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 a nd their instrumentalities accountable to the governed; AND WHEREAS revelation of informatio n 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 expendient 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:—