The Right to Information Act, 2005

 
 
  
 MINISTRY OF LAW AND JUSTICE  
(Legislative Department)  
New Delhi, the 21st June, 2005/Jyaistha 31, 1927 (Saka)  
The following Act of Parliament received the assent of the President on the 15th June, 
2005, and is hereby published for general information:— 
 
THE RIGHT TO INFORMATION ACT, 2005 
No. 22 of 2005  
[15th June, 2005.] 
 
 An Act to provide for setting out the practical regime of right to information for 
citizens to secure access to information under the control of public 
authorities, in order to promote tran sparency and accoun tability in the 
working of every public authority, the constitution of a Central Information 
Commission and State Information Commissions and for matters connected 
therewith or incidental thereto.  
WHEREAS the Constitution of India has established democratic Republic;  
AND WHEREAS democracy requires an informed citizenry and transparency of 
information which are vital to its functioning and also to contain corruption and to 
hold Governments and their instrumentalities accountable to the governed;  
AND WHEREAS revelation of information in actual practice is likely to 
conflict with other public interests including efficient operations of the Governments, 
optimum use of limited fiscal resources and the preservation of confidentiality of 
sensitive information; 
 
2                                    THE GAZETTER OF INDIA EXTRAORDINARY                       [PART II— 
 
   
  
AND WHEREAS it is necessary to harmonise these conflicting interests while 
preserving the paramountcy of the democratic ideal;  
NOW, THEREFORE, it is expedient to provide for furnishing certain 
information to citizens who desire to have it.  
BE it enacted by Parliament in the Fifty- sixth Year of the Republic of India as 
follows:—  
 
   
 CHAPTER I  
Preliminary  
 
Short title, 
extent and 
commencemen
t 
1. (1) This Act may be called the Right to Information Act, 2005.  
(2) It extends to the whole of India except the State of Jammu and Kashmir.  
(3) The provisions of sub-section (1 ) of section 4, sub-sections ( 1) and (2 ) of 
section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the 
remaining provisions of this Act shall come into force on the one hundred and 
twentieth day of its enactment. 
 
Definitions. 2. In this Act, unless the context otherwise requires,—  
(a) "appropriate Government" means in relation to a public authority which is 
established, constituted, owned, controlled or substantially financed by funds provided 
directly or indirectly— 
 
 (i) by the Central Government or the Union territory administration, the 
Central Government;  
(ii) by the State Government, the State Government; 
(b) "Central Information Commission" means the Central Information Commission 
constituted under sub-section (1) of section 12;  
(c) "Central Public Inform ation Officer" means the Ce ntral Public Information 
Officer designated under sub-section ( 1) and includes a Central Assistant Public 
Information Officer designated as such under sub-section (2) of section 5; 
(d) "Chief Information Commissioner" and "Information Commissioner" mean the 
Chief Information Commissioner and Information Commissioner appointed under 
sub-section (3) of section 12; 
(e) "competent authority" means—  
(i) the Speaker in the case of the House of the People or the Legislative 
Assembly of a State or a Union territory having such Assembly and the 
Chairman in the case of the Council of States or Legislative Council of a 
State; 
(ii)  the Chief Justice of India in the case of the Supreme Court;  
(iii) the Chief Justice of the High Court in the case of a High Court; 
(iv) the President or the Governor, as th e case may be, in the case of other 
authorities established or constituted by or under the Constitution; 
(v) the administrator appointed under article 239 of the Constitution; 
(f) "information" means any material in an y 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 
 
 SEC.1                                 THE GAZETTE OF INDIA EXTRAORDINARY                                    3 
  
and information relating to any private body which can be accessed by a public 
authority under any other law for the time being in force;  
(g) "prescribed" means prescribed by rules made under this Act by the appropriate 
Government or the competent authority, as the case may be;  
 
(h) "public authority" means any authority or body or institution of self- 
government established or constituted—  
(a) by or under the Constitution;  
(b)  by any other law made by Parliament; 
(c) by any other law made by State Legislature; 
(d) by notification issued or order made by the appropriate Government, 
and includes any—  
(i) body owned, controlled or substantially financed;  
(ii)  non-Government 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 or not); and  
(d) any other material produced by a computer or any other device; 
(j) "right to information" means the right to information accessible under this Act 
which is held by or under the control of any public authority and includes the right 
to—  
(i) inspection of work, documents, records;  
(ii) taking notes, extracts or certified copies of documents or records;  
(iii) taking certified samples of material;  
(iv) obtaining information in the form of diskettes, floppies, tapes, video 
cassettes or in any other electronic mode or through printouts where such 
information is stored in a computer or in any other device; 
(k) "State Information Commission" means the State Information Commission 
constituted under sub-section (1) of section 15;  
(l) "State Chief Information Commissioner" and "State Information Commissioner" 
mean the State Chief Information Co mmissioner and the State Information 
Commissioner appointed under sub-section (3) of section 15; 
(m) "State Public Information Officer" means the State Public Information Officer 
designated under sub-section ( 1) and includes a State Assi stant Public Information 
Officer designated as such under sub-section (2) of section 5;  
(n) "third party" means a person other than the citizen making a request for 
information and includes a public authority.  
4                                    THE GAZETTER OF INDIA EXTRAORDINARY                       [PART II— 
 
  
CHAPTER II  
Right to information and obligations of public authorities 
 
 3. Subject to the provisions of this Act, all citizens shall have the right to information.  Right to 
information 
 4. (1) Every public authority shall— 
a) maintain all its records duly catalogued and indexed in a manner and the 
form which facilitates the right to information under this Act and ensure that 
all records that are appropriate to be computerised are, w ithin a reasonable 
time and subject to availability of resources, computerised and connected 
through a network all over the country on different systems so that access to 
such records is facilitated;  
b) publish within one hundred and twenty days from the enactment of this 
Act,— 
 
(i) the par ticulars of its organisation, functions and duties;  
(ii) the powers and duties of its officers and employees; 
(iii) the procedure followed in the decision making process, 
including channels of supervision and accountability; 
(iv) the norms set by it for the discharge of its functions; 
(v) the rules, regulations, instructions, manuals and records, held by 
it or under its control or used by its employees for discharging 
its functions;  
(vi) a statement of the categories of doc uments that are held by it or 
under its control;  
(vii) the particulars of any arrangement that exists for consultation 
with, or representation by, the members of the public in relation 
to the formulation of its policy or implementation thereof;  
(viii) a statement of the boards, councils, committees and other 
bodies consisting of two or more persons constituted as its part 
or for the purpose of its advice, and as to whether meetings of 
those boards, councils, committees and other bodies are open to 
the public, or the minutes of such meetings are accessible for 
public;  
(ix) a directory of its officers and employees;  
(x) the monthly remuneration received by each of its officers and 
employees, including the system of compensation as provided 
in its regulations;  
(xi) the budget allocated  to each of its agency, indicating the 
particulars of all plans, proposed expenditures and reports on 
disbursements made;  
(xii) the manner of execution of subsidy programmes, including the 
amounts allocated and the details of beneficiaries of such 
programmes;  
(xiii) particulars of recipients of concessions, permits or 
authorisations granted by it;  
(xiv) details in respect of the information, available to or held by it, 
reduced in an electronic form;  
(xv) the particulars of facilities available to citizens for obtaining 
information, including the working hours of a library or reading 
room, if maintained for public use;  
(xvi) the names, designations and other particulars of the Public 
Information Officers;  
(xvii)  such other information as may be prescribed;   
and thereafter update these publications every year; 
 
c) publish all relevant facts while formulating important 
policies or announcing the decisions which affect public; 
d) provide reasons for its administrative or quasi-judicial 
 
 
 SEC.1                                 THE GAZETTE OF INDIA EXTRAORDINARY                                    5 
  
decisions to affected persons. 
(2) It shall be a constant endeavour of every public authority to take steps in 
accordance with the requirements of clause ( b) of sub-section ( 1) to provide as much 
information suo  motu to the public at regular intervals through various means of 
communications, including internet, so that the public have minimum resort to the use 
of this Act to obtain information.  
(3) For the purposes of sub-section ( 1), every information shall be disseminated 
widely and in such form and manner which is easily accessible to the public. 
(4) All materials shall be disseminated taking into consideration the cost 
effectiveness, local language and the most effective method of communication in that 
local area and the information should be easily accessible, to the extent possible in 
electronic format with the Central Public Information Officer or State Public 
Information Officer, as the case  may be, available free or at such cost of the medium 
or the print cost price as may be prescribed.  
Explanation.—For the purposes of sub-sections ( 3) and ( 4), "disseminated" means 
making known or communicated the information to the public through notice boards, 
newspapers, public announcements, media broadcasts, the internet or any other means, 
including inspection of offices of any public authority. 
 5. (1) Every public authority shall, within one hundred days of the enactment of 
this Act, designate as many officers as the Central Public Information Officers or State 
Public Information Officers, as the case may be, in all administrative units or offices 
under it as may be necessary to provide information to persons requesting for the 
information under this Act.  
(2) Without prejudice to the provisions of sub-section ( 1), every public authority 
shall designate an officer, within one hundred days of the enactment of this Act, at 
each sub-divisional level or ot her sub-district level as a Central Assistant Public 
Information Officer or a Stat e Assistant Public Informat ion Officer, as the case may 
be, to receive the applications for information or appeals under this Act for forwarding 
the same forthwith to the Central Public Information Officer or the State Public 
Information Officer or senior offi cer specified under sub-section ( 1) of section 19 or 
the Central Information Commission or the State Information Commission, as the case 
may be:  
Provided that where an application for info rmation or appeal is given to a Central 
Assistant Public Information Officer or a State Assistant Public  Information Officer, 
as the case may be, a period of five days shall be added in computing the period for 
response specified under sub-section (1) of section 7.  
(3) Every Central Public Information Officer or State Public Information Officer, 
as the case may be, shall deal with requ ests from persons seeking information and 
render reasonable assistance to the persons seeking such information.  
(4) The Central Public Information Officer  or State Public Information Officer, 
as the case may be, may seek the assistance of  any other officer as he or she considers 
it necessary for the proper discharge of his or her duties.  
(5) Any officer, whose assistance has been sought under sub-section ( 4), shall 
render all assistance to the Central Publ ic Information Officer  or State Public 
Information Officer, as the case may be, s eeking his or her assi stance and for the 
purposes of any contravention of the provisions of this Act, such other officer shall be 
treated as a Central Public Information Officer  or State Public Information Officer, as 
the case may be. 
 
Designation 
of Public 
Information 
Officers. 
6                                    THE GAZETTER OF INDIA EXTRAORDINARY                       [PART II— 
 
 6. (1) A person, who desires to obtain any information under this Act, shall make 
a request in writing or through electronic means in English or Hindi or in the official 
language of the area in which the application is being made, accompanying such fee as 
may be prescribed, to—  
(a) the Central Public Information Officer or State Public Information Officer, 
as the case may be, of the concerned public authority; 
(b) the Central Assistant Public Informati on Officer or State Assistant Public 
Information Officer, as the case may be, 
specifying the particulars of the information sought by him or her:  
Provided that where such request cannot be made in writing, the Central Public 
Information Officer or State Public Info rmation Officer, as the case may be, shall 
render all reasonable assistance to the person  making the request orally to reduce the 
same in writing.  
(2) An applicant making request for information shall not be required to give any 
reason for requesting the information or any other personal details except those that 
may be necessary for contacting him.  
(3) Where an application is made to a public authority requesting for an 
information,—  
(i) which is held by another public authority; or  
(ii) the subject matter of which is more closely connected with the 
functions of another public authority,  
the public authority, to which such application is made, shall transfer the application 
or such part of it as may be appropriate to that other public authority and inform the 
applicant immediately about such transfer: 
Provided that the transfer of an application pursuant to this sub-section shall be made 
as soon as practicable but in no case later than five days from the date of receipt of the 
application.  
Request for 
obtaining 
information. 
Disposal of 
request. 
7. (1) Subject to the proviso to sub-section ( 2) of section 5 or the proviso to sub-
section ( 3) of section 6, the Central Public Information Officer or State Public 
Information Officer, as the ca se may be, on receipt of a request undersection 6 shall, 
as expeditiously as possible, and in any case within thirty days of the receipt of the 
request, either provide the information on payment of such fee as may be prescribed or 
reject the request for any of the reasons specified in sections 8 and 9: 
Provided that where the information sought for concerns the life or liberty of a person, 
the same shall be provided within forty-eight hours of the receipt of the request. 
(2) If the Central Public Information Officer or State Public Information Officer, 
as the case may be, fails to give decision on the request for information within the 
period specified under sub-section (1), the Central Public Information Officer or State 
Public Information Officer, as the case may be, shall be deemed to have refused the 
request.  
(3) Where a decision is taken to provide the information on payment of any 
further fee representing the cost of providing the information, the Central Public 
Information Officer or State Public Information Officer, as the case may be, shall send 
an intimation to the person making the request, giving— 
(a) the details of further fees representing the cost of providing the 
information as determined by him, together with the calculations made 
 
 SEC.1                                 THE GAZETTE OF INDIA EXTRAORDINARY                                    7 
  
to arrive at the amount in accordance with fee prescribed under sub-
section (1), requesting him to deposit that fees, and the period 
intervening between the despatch of the said intimation and payment of 
fees shall be excluded for the purpose of calculating the period of thirty 
days referred to in that sub-section; 
 
(b) information concerning his or her right with respect to review the 
decision as to the amount of fees charged or the form of access 
provided, including the particulars of the appellate authority, time limit, 
process and any other forms.  
(4) Where access to the record or a part thereof is required to be provided under 
this Act and the person to whom access is to  be provided is sensorily disabled, the 
Central Public Information Officer or Stat e Public Information Officer, as the case 
may be, shall provide assistance to enable access to the info rmation, including 
providing such assistance as may be appropriate for the inspection.  
(5) Where access to information is to be provided in the printed or in any 
electronic format, the applicant shall, subject to the pr ovisions of sub-section ( 6), pay 
such fee as may be prescribed:  
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) 
and ( 5) of section 7 shall be reasonable and no such fee shall be charged from the 
persons who are of below poverty line as may be determined by the appropriate 
Government.  
(6) Notwithstanding anything contained in sub-section ( 5), the person making 
request for the information shall be provid ed 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 re jected under sub-section ( 1), the Central Public 
Information Officer or State Public Info rmation Officer, as the case may be, shall 
communicate to the person making the request,— 
(i) the reasons for such rejection;  
(ii) the period within which an appeal against such rejection may be 
preferred; and  
(iii) the particulars of the appellate authority.  
(9) An information shall ordinarily be provided in the form in which it is sought 
unless it would disproportionately divert the resources of the public authority or would 
be detrimental to the safety or preservation of the record in question. 
 
 8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to 
give any citizen,—  
(a) information, disclosure of which woul d prejudicially affect the sovereignty 
and integrity of India, the security, strategic, scientific or economic interests of the 
State, relation with foreign State or lead to incitement of an offence;  
(b) information which has been expressly forbidden to be published by any court 
of law or tribunal or the disclosure of which may constitute contempt of court;  
Exemption 
from 
disclosure of 
information. 
8                                    THE GAZETTER OF INDIA EXTRAORDINARY                       [PART II— 
 
(c) information, the disclosure of which would cause a breach of privilege of 
Parliament or the State Legislature;  
(d) information including commercial confidence, trade secrets or intellectual 
property, the disclosure of which would harm the competitive position of a third party, 
unless the competent authority is satisfied that larger public interest warrants the 
disclosure of such information;  
(e) information available to a person in his fiduciary relationship, unless the 
competent authority is satisfied that the larger public interest warrants the disclosure 
of such information;  
(f) information received in confidence from foreign Government;  
(g) information, the disclosure of which would endanger the life or physical 
safety of any person or identify the source of information or assistance given in 
confidence for law enforcement or security purposes;  
(h) information which would impede the process of investigation or 
apprehension or prosecution of offenders;  
(i) cabinet papers including records of delib erations of the Council of Ministers, 
Secretaries and other officers:  
Provided that the decisions of Council of Ministers, the reasons thereof, and the 
material on the basis of which the decisions were taken shall be made public after the 
decision has been taken, and the matter is complete, or over:  
Provided further that those matters which come under the exemptions specified 
in this section shall not be disclosed;  
(j) information which relates to personal information the disclosure of which has 
no relationship to any public activity or in terest, or which would cause unwarranted 
invasion of the privacy of the individual unless the Central Public Information Officer 
or the State Public Information Officer or the appellate authority, as the case may be, 
is satisfied that the larger public interest justifies the disclosure of such information:  
Provided that the information which cann ot be denied to the Parliament or a 
State Legislature shall not be denied to any person.  
 
19 of 1923. (2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the 
exemptions permissible in accordance with sub-section ( 1), a public authority may 
allow access to information, if public interest  in disclosure outweighs the harm to the 
protected interests. 
(3) Subject to the prov isions of clauses ( a), ( c) and ( i) of sub-section ( 1), any 
information relating to any occurrence, event or matter which has taken place, 
occurred or happened twenty years before the date on which any request is made 
under secton 6 shall be provided to any person making a request under that section: 
 
 
 Provided that where any question arises as to the date from which the said period 
of twenty years has to be computed, the decision of the Central Government shall be 
final, subject to the usual appeals provided for in this Act. 
 
 SEC.1                                 THE GAZETTE OF INDIA EXTRAORDINARY                                    9 
  
Grounds for 
rejection to 
access in 
certain cases. 
9. Without prejudice to the provisions of  section 8, a Central Public Information 
Officer or a State Public Information Officer, as the case may be, may reject a request 
for information where such a request for providing access would involve an 
infringement of copyright subsisting in a person other than the State.  
 
Severability 10. (1) Where a request for access to information is rejected on the ground that it is in 
relation to information which is exempt from disclosure, then, notwithstanding 
anything contained in this Act, access may be provided to that part of the record which 
does not contain any information which is exempt from disclosure under this Act and 
which can reasonably be severed from any part that contains exempt information.  
(2) Where access is granted to a part of the record under sub-section ( 1), the 
Central Public Information Officer or Stat e Public Information Officer, as the case 
may be, shall give a notice to the applicant, informing— 
(a) that only part of the record requested, after severance of the 
record containing information which is exempt from disclosure, is being 
provided; 
(b) the reasons for the decision, including any findings on any 
material question of fact, referring to the material on which those 
findings were based; 
(c) the name and designation of the person giving the decision; 
(d) the details of the fees calculated by him or her and the amount 
of fee which the applicant is required to deposit; and 
(e) his or her rights with respect to review of the decision 
regarding non-disclosure of part of the information, the amount of fee 
charged or the form of access provided, including the particulars of the 
senior officer specified under sub-section ( 1) of section 19 or the 
Central Information Commission or the State Information Commission, 
as the case may be, time limit, process and any other form of access. 
 
Third party 
information. 
11. (1) Where a Central Public Information Officer or a State Public Information 
Officer, as the case may be, intends to disc lose any information or record, or part 
thereof on a request made under this Act, which relates to or has been supplied by a 
third party and has been treated as confidential by that third party, the Central Public 
Information Officer or State Public Inform ation Officer, as the case may be, shall, 
within five days from the receipt of the request, give a written notice to such third 
party of the request and of the fact that th e Central Public Information Officer or State 
Public Information Officer, as the case may be , intends to disclose the information or 
record, or part thereof, and invite the th ird party to make a submission in writing or 
orally, regarding whether the information should be disclosed, and such submission of 
the third party shall be kept in view while taking a decision about disclosure of 
information: 
Provided that except in the case of trade or commercial secrets protected by law, 
disclosure may be allowed if the public interest in disclosure outweighs in importance 
any possible harm or injury to the interests of such third party.  
(2) Where a notice is served by the Centra l Public Information Officer or State 
Public Information Officer, as the case may be, under sub-section ( 1) to a third party 
in respect of any information or record or pa rt thereof, the third party shall, within ten 
days from the date of receipt of such notice, be given the opportunity to make 
representation against the proposed disclosure.  
(3) Notwithstanding anything contained in section 7, the Central Public 
Information Officer or State Public Inform ation Officer, as the case may be, shall, 
within forty days after receipt of the request under section 6, if the third party has been 
given an opportunity to make representation under sub-section ( 2), make a decision as 
to whether or not to disclose the information or record or part thereof and give in 
 
10                                    THE GAZETTER OF INDIA EXTRAORDINARY                       [PART II— 
 
writing the notice of his decision to the third party.  
(4) A notice given under sub-section ( 3) shall include a statement that the third 
party to whom the notice is given is entitled to prefer an appeal under section 19 
against the decision.  
 
 CHAPTER III  
The Central Information Commission  
 
 12. ( 1) The Central Government shall, by notification in the Official Gazette, 
constitute a body to be known as the Central Information Commission to exercise the 
powers conferred on, and to perform the functions assigned to, it under this Act.  
(2) The Central Information Commission shall consist of—  
(a) the Chief Information Commissioner; and  
(b) such number of Central Information Commissioners, not exceeding ten, 
as may be deemed necessary. 
(3) The Chief Information Commissioner and Information Commissioners shall 
be appointed by the President on the recommendation of a committee consisting of—  
(i) the Prime Minister, who shall be the Chairperson of the committee; 
(ii) the Leader of Opposition in the Lok Sabha; and 
(iii) a Union Cabinet Minister to be nominated by the Prime Minister. 
Explanation.—For the purposes of removal of doubts, it is hereby declared that where 
the Leader of Opposition in the House of the People has not been recognised as such, 
the Leader of the single largest group in opposition of the Government in the House of 
the People shall be deemed to be the Leader of Opposition.  
(4) The general superintendence, direction and management of the affairs of the 
Central Information Commission shall vest in the Chief Information Commissioner 
who shall be assisted by the Information Commissioners and may exercise all such 
powers and do all such acts and things which may be exercised or done by the Central 
Information Commission autonomously without being subjected to directions by any 
other authority under this Act.  
(5) The Chief Information Commissioner and Information Commissioners shall 
be persons of eminence in public life with wide knowledge and experience in law, 
science and technology, social service, management, journalism, mass media or 
administration and governance. 
(6) The Chief Information Commissioner or an Information Commissioner shall 
not be a Member of Parliament or Member of the Legislature of any State or Union 
territory, as the case may be, or hold any other office of profit or connected with any 
political party or carrying on any business or pursuing any profession.  
(7) The headquarters of the Central Information Commission shall be at Delhi 
and the Central Information Commission may, with the previous approval of the 
Central Government, establish offices at other places in India. 
 
Constitution 
of Central 
Information 
Commission
. 
 SEC.1                                 THE GAZETTE OF INDIA EXTRAORDINARY                                    11 
  
 13. (1) The Chief Information Commissioner shall hold office for a term of five years 
from the date on which he enters upon his office and shall not be eligible for 
reappointment:  
Provided that no Chief Information Commissioner shall hold office as such after 
he has attained the age of sixty-five years. 
(2) Every Information Commissioner shall hold office for a term of five years from 
the date on which he enters upon his office or till he attains the age of sixty-five years, 
whichever is earlier, and shall not be eligible for reappointment as such Information 
Commissioner:  
Provided that every Information Commissioner shall, on vacating his office under this 
sub-section be eligible for appointment as the Chief Information Commissioner in the 
manner specified in sub-section (3) of section 12:  
Provided further that wher e the Information Commissioner is appointed as the Chief 
Information Commissioner, his term of office shall not be more than five years in 
aggregate as the Information Commissioner and the Chief Information Commissioner.  
(3) The Chief Information Commissioner or an Information Commissioner shall 
before he enters upon his office make and subscribe before the President or some other 
person appointed by him in that behalf, an oath or affirmation according to the form set out 
for the purpose in the First Schedule.  
(4) The Chief Information Commissioner or an  Information Commissioner may, at 
any time, by writing under his hand addressed to the President, resign from his office:  
Provided that the Chief Information Commissioner or an Information Commissioner 
may be removed in the manner specified under section 14.  
(5) The salaries and allowances payable to and other terms and conditions of service 
of—  
(a) the Chief Information Commissioner shall be the same as that of the Chief 
Election Commissioner;  
(b) an Information Commissioner shall be the same as that of an Election 
Commissioner:  
Provided that if the Chief Information Commissioner or an Information 
Commissioner, at the time of his appointment is, in receipt of a pension, other than a 
disability or wound pension, in respect of any previous service under the Government of 
India or under the Government of a State, his salary in respect of the service as the Chief 
Information Commissioner or an Information Commissioner shall be reduced by the 
amount of that pension including any portion of pension which was commuted and pension 
equivalent of other forms of retirement benef its excluding pension equivalent of retirement 
gratuity:  
Provided further that if the Chief Info rmation Commissioner or an Information 
Commissioner if, at the time of his appointment  is, in receipt of retirement benefits in 
respect of any previous service rendered in a Corporation established by or under any 
Central Act or State Act or a Government company owned or controlled by the Central 
Government or the State Government, his sala ry in respect of the service as the Chief 
Information Commissioner or an Information Commissioner shall be reduced by the 
amount of pension equivalent to the retirement benefits:  
Provided also that the salaries, allowances and other conditions of service of the Chief 
Information Commissioner and the Information Commissioners shall not be varied to their 
Term of 
office and 
conditions 
of service. 
12                                    THE GAZETTER OF INDIA EXTRAORDINARY                       [PART II— 
 
disadvantage after their appointment.  
(6) The Central Government shall provide the Chief Information Commissioner and 
the Information Commissioners with such officers and employees as may be necessary for 
the efficient performance of their functions under this Act, and the salaries and allowances 
payable to and the terms and conditions of service of the officers and other employees 
appointed for the purpose of this Act shall be such as may be prescribed. 
 
 14. ( 1) Subject to the provisions of sub-section ( 3), the Chief Information 
Commissioner or any Information Commissioner shall be removed from his office only by 
order of the President on the ground of proved misbehaviour or incapacity after the 
Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the 
Chief Information Commissioner or any Information Commissioner, as the case may be, 
ought on such ground be removed.  
(2) The President may suspend from office, a nd if deem necessary prohibit also from 
attending the office during inquiry, the Ch ief Information Commissioner or Information 
Commissioner in respect of whom a reference has been made to the Supreme Court under 
sub-section (1) until the President has passed orders on receipt of the report of the Supreme 
Court on such reference.  
(3) Notwithstanding anything contained in sub-section (1), the President may by order 
remove from office the Chief Information Commissioner or any Information Commissioner 
if the Chief Information Commissioner or a Information Commissioner, as the case may 
be,—  
(a) is adjudged an insolvent; or  
(b) has been convicted of an offence which, in the opinion of the President, involves 
moral turpitude; or  
(c) engages during his term of office in any paid employment outside the duties of 
his office; or  
(d) is, in the opinion of the President, unfit to continue in office by reason of 
infirmity of mind or body; or  
(e) has acquired such financial or other interest as is likely to affect prejudicially his 
functions as the Chief Information Commissioner or a Information 
Commissioner.  
(4) If the Chief Information Commissioner or a Information Commissioner in any 
way, concerned or interested in any contract or agreement made by or on behalf of the 
Government of India or participates in any way in the profit thereof or in any benefit 
or emolument arising therefrom otherwise th an as a member and in common with the 
other members of an incorporated company, he shall, for the purposes of sub-section 
(1), be deemed to be guilty of misbehaviour. 
Removalof Chief 
Information 
Commissioner or 
Information 
Commissioner. 
 CHAPTER IV  
The State Information Commission  
 
 15. ( 1) Every State Government shall, by notification in the Official Gazette, 
constitute a body to be known as the ......... (name of the State) Information Commission to 
exercise the powers conferred on, and to perform the functions assigned to, it under this 
Act.  
(2) The State Information Commission shall consist of—  
(a) the State Chief Information Commissioner, and   
(b) such number of State Information Commissioners, not exceeding ten, as 
may be deemed necessary.  
Constitution of 
State Information 
Commission. 
 SEC.1                                 THE GAZETTE OF INDIA EXTRAORDINARY                                    13 
  
(3) The State Chief Information Commi ssioner and the State Information 
Commissioners shall be appointed by the Governor on the recommendation of a committee 
consisting of—  
(i) the Chief Minister, who shall be the Chairperson of the committee;  
(ii) the Leader of Opposition in the Legislative Assembly; and  
(iii) a Cabinet Minister to be nominated by the Chief Minister 
Explanation.—For the purposes of removal of doubts, it is hereby declared that where 
the Leader of Opposition in the Legislative A ssembly has not been recognised as such, the 
Leader of the single largest group in opposition of the Government in the Legislative 
Assembly shall be deemed to be the Leader of Opposition.  
(4) The general superintendence, direction and management of the affairs of the State 
Information Commission shall vest in the State Chief Information Commissioner who shall 
be assisted by the State Information Commissi oners and may exercise all such powers and 
do all such acts and things which may be exercised or done by the State Information 
Commission autonomously without being subjected to directions by any other authority 
under this Act.  
(5) The State Chief Information Commi ssioner and the State Information 
Commissioners shall be persons of eminence in public life with wide knowledge and 
experience in law, science and technology, so cial service, management, journalism, mass 
media or administration and governance.  
(6) The State Chief Information Commissione r or a State Information Commissioner 
shall not be a Member of Parliament or Member of the Legislature of any State or Union 
territory, as the case may be, or hold any ot her office of profit or connected with any 
political party or carrying on any business or pursuing any profession. 
(7) The headquarters of the State Informatio n Commission shall be at such place in 
the State as the State Government may, by no tification in the Official Gazette, specify and 
the State Information Commission may, with the previous approval of the State 
Government, establish offices at other places in the State.  
 
Term of office 
and conditions 
of service. 
16. (1) The State Chief Information Commissioner shall hold office for a term of five 
years from the date on which he enters upon his office and shall not be eligible for 
reappointment:  
Provided that no State Chief Information Commissioner shall hold office as such after 
he has attained the age of sixty-five years.  
(2) Every State Information Commissioner shall hold office for a term of five years 
from the date on which he enters upon his office or till he attains the age of sixty-five 
years, whichever is earlier, and shall not be  eligible for reappointment as such State 
Information Commissioner:  
Provided that every State Information Co mmissioner shall, on vacating his office 
under this sub-section, be eligible for appointment as the State Chief Information 
Commissioner in the manner specified in sub-section (3) of section 15:  
Provided further that where the State In formation Commissioner is  appointed as the 
State Chief Information Commissioner, his term of office shall not be more than five years 
in aggregate as the State Information Co mmissioner and the State Chief Information 
Commissioner.  
(3) The State Chief Information Commissioner or a State Information Commissioner, 
 
14                                    THE GAZETTER OF INDIA EXTRAORDINARY                       [PART II— 
 
shall before he enters upon his office make and subscribe before the Governor or some 
other person appointed by him in that behalf, an oath or affirmation according to the form 
set out for the purpose in the First Schedule.  
(4) The State Chief Information Commissione r or a State Information Commissioner 
may, at any time, by writing under his hand addressed to the Governor, resign from his 
office:  
Provided that the State Chief Informa tion Commissioner or a State Information 
Commissioner may be removed in the manner specified under section 17.  
(5) The salaries and allowances payable to and other terms and conditions of service 
of—  
(a) the State Chief Information Commissioner shall be the same as that of an 
Election Commissioner; 
(b) the State Information Commissioner shall be the same as that of the Chief 
Secretary to the State Government: 
Provided that if the State Chief Informat ion Commissioner or a State Information 
Commissioner, at the time of his appointment is, in receipt of a pension, other than a 
disability or wound pension, in respect of any previous service under the Government of 
India or under the Government of a State, his salary in respect of the service as the State 
Chief Information Commissioner or a State Information Commissioner shall be reduced by 
the amount of that pension including any portion of pension which was commuted and 
pension equivalent of other forms of retirement benefits excluding pension equivalent of 
retirement gratuity:  
Provided further that wher e the State Chief Information Commissioner or a State 
Information Commissioner if, at the time of his appointment is, in receipt of retirement 
benefits in respect of any previous service rendered in a Corporation established by or 
under any Central Act or State Act or a Government company owned or controlled by the 
Central Government or the State Government, hi s salary in respect of the service as the 
State Chief Information Commissioner or th e State Information Commissioner shall be 
reduced by the amount of pension equivalent to the retirement benefits:  
Provided also that the salaries, allowances and other conditions of service of the State 
Chief Information Commissioner and the State Information Commissioners shall not be 
varied to their disadvantage after their appointment.  
(6) The State Government shall provide the State Chief Information Commissioner and 
the State Information Commissioners with su ch officers and employees as may be 
necessary for the efficient performance of thei r functions under this Act, and the salaries 
and allowances payable to and the terms and conditions of service of the officers and other 
employees appointed for the purpose of this Act shall be such as may be prescribed. 
 
 17. (1) Subject to the provisions of sub-section ( 3), the State Chief Information 
Commissioner or a State Information Commissioner shall be removed from his office only 
by order of the Governor on the ground of proved misbehaviour or incapacity after the 
Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the 
State Chief Information Commissioner or a St ate Information Commissioner, as the case 
may be, ought on such ground be removed.  
(2) The Governor may suspend from office, an d if deem necessary prohibit also from 
attending the office during inquiry, the State Chief Information Commissioner or a State 
Information Commissioner in respect of whom a reference has been made to the Supreme 
Court under sub-section (1) until the Governor has passed orders on receipt of the report of 
Removal of State 
Chief Information 
Commissioner or 
State Information 
Commissioner 
 SEC.1                                 THE GAZETTE OF INDIA EXTRAORDINARY                                    15 
  
the Supreme Court on such reference.  
(3) Notwithstanding anything contained in sub-section ( 1), the Governor may by 
order remove from office the State Chief Information Commissioner or a State Information 
Commissioner if a State Chief Informati on Commissioner or a State Information 
Commissioner, as the case may be,—  
(a) is adjudged an insolvent; or  
(b) has been convicted

Excerpt shown. Open the full act in Lexace.

‹ Prev All Punjab acts Next ›