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Uttarakhand · state statute
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THE RIGHT TO INFORMATION ACT, 2005
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ARRANGEMENT OF SECTIONS
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Last Updated: 11-3-2022
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
3. Right to information.
4. Obligations of public authorities.
5. Designation of Public Information Officers.
6. Request for obtaining information.
7. Disposal of request.
8. Exemption from disclosure of information.
9. Grounds for rejection to access in certain cases.
10. Severability.
11. Third party information.
CHAPTER III
THE CENTRAL INFORMATION COMMISSION
12. Constitution of Central Information Commission.
13. Terms of office and conditions of service.
14. Removal of Chief Information Commissioner or Information Commissioner.
CHAPTER IV
THE STATE INFORMATION COMMISSION
15. Constitution of State Information Commission.
16. Term of office and conditions of service.
17. Removal of State Chief Information Commissioner or State Information Commissioner.
CHAPTER V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES
18. Powers and functions of Information Commissions.
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SECTIONS
19. Appeal.
20. Penalties.
CHAPTER VI
MISCELLANEOUS
21. Protection of action taken in good faith.
22. Act to have overriding effect.
23. Bar of jurisdiction of courts.
24. Act not to apply to certain organisations.
25. Monitoring and reporting.
26. Appropriate Government to prepare programmes.
27. Power to make rules by appropriate Government.
28. Power to make rules by competent authority.
29. Laying of rules.
30. Power to remove difficulties.
31. Repeal.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
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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 corru ption and to hold Governments are 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;
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:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement .—(1) This Act may be called the Right to Information
Act, 2005.
(2) It extends to the whole of India1***.
(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 rem aining provisions of this Act shall
come into force on the one hundred and twentieth day of its enactment.
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 constituted
under sub-section (1) of section 12;
(c) "Central Public Information Officer" means the Central 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;
1. The words “ except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
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(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 the 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 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 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 a ny 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 store d 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;
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(l) "State Chief Information Commissioner" and "State Information Commissioner" mean the
State Chief Information Commissioner 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 Assistant 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.
CHAPTER II
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
3. Right to information .—Subject to the provisions of this Act, all citizens shall have the right to
information.
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 which
facilitates the right to information under this Act and ensure that all records that are appropriate to be
computerised are, within a reasonable time and subject to availability of resources, computeris ed 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 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 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 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 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;
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(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 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 suomotu to the public at
regular intervals through various means of communications, including internet, so that the pub lic have
minimum resort to the use of this Act to obtain information.
(3) For the pur poses 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 Pub lic 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. Designation of Public Informa tion Offic ers.—(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 uni ts 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 da ys of the enactment of this Act, at each sub -divisional level or other sub -
district level as a Central Assistant Public Information Officer or a State Assistant Public Information
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 officer 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 information 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 requests 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 Public Information Officer or State Public Information Officer, 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 Officer or State Public Information Officer, as the
case may be.
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6. Request for obtaining in formation.—(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 Information 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 Information Officer, as the case may be, sh all 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.
7. Disposal of request .—(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 case may be, on receipt of a request under section 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 pro vide 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 to arrive at the amount in accordance with fee prescribed
under sub -section ( 1), requesting him to deposi t 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.
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(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
State Public Information Officer, as the case may be, shall provide assistance to enable access to the
information, 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 provisions 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 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 reso urces of the public authority or would be detrimental to the safety or
preservation of the record in question.
8. Exemption from disclosure of information.—(1) Notwithstanding anything contained in this Act,
there shall be no obligation to give any citizen,—
(a) information, disclosure of which would 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) i nformation 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;
(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 deliberations of the Council of Ministers, Secretaries and
other officers:
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Provided that the decisions of Counc il 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 interest, or which would cause unwarranted invasion of the privacy of t he
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 cannot be denied to the Parliament or a State Legislature
shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 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 provisions 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 section 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.
9. Grounds for rejection to access in certain cases.—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.
10. Severability.—(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 th at contains
exempt information.
(2) Where access is granted to a par t of the record under sub -section ( 1), the Central Public
Information Officer or State Public Information Officer, as the case may be, shall give a not ice 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 applic ant 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 th e case may be, time limit, process and any other form of
access.
11. Third party infor mation.—(1) 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 thereof on a
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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 Information
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 the 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 third 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 Central 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 part 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 Information 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 r ecord or part thereof and give in
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. Constitution of Ce ntral Information Commission .—(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 Commiss ioners, 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 LokSabha; 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 s hall 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.
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(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 Inf ormation 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.
13. Term of office and conditions of service .—(1) The Chief Information Commissioner shall hold
office 1[for such term as may be prescribed by the Central Government] 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 1[for such term as may be prescribed by the
Central Government] or till he attains the age of sixty -five years, w hichever 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 Commis sioner in the manner specified in sub -section
(3) of section 12:
Provided further that where 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 Informati on
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.
2[(5) The salaries and allowances payable to and other terms and conditions of service of the Chief
Information Commissioner and the Information Commissioners shall be such as may be prescribed by the
Central Government:
Provided that the salaries, allowances and other conditions of service of the Chief Information
Commissioner or the Information Commissioners shall not be varied to their disadvantage after their
appointment:
Provided further that the Chief Information Commissioner and the Information Commissioners
appointed before the commencement of the Right to Information (Amendment) Act, 2019 shall continue
to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information
(Amendment) Act, 2019 had not come into force.]
1. Subs. by Act 24 of 2019, s. 2, for “ for a term of five years from the date on which he enters upon his office” (w.e.f. 24-10-
2019).
2. Subs. by, s. 2, ibid., for sub-section (5) (w.e.f. 24-10-2019).
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(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.
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 disadvantage after their
appointment.
14. Removal of Chief Information Commissioner or Information Commissioner.—(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 i nquiry, 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, and if deem necessary prohibit also from attending the
office during i nquiry, the Chief 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 than 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.
CHAPTER IV
THE STATE INFORMATION COMMISSION
15. Constitution o f State Information Commission .—(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.
(3) The State Chief Information Commissioner 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;
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(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 Assembly 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 Commissioners 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 Commissioner and the State 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 State Chief Information Commissioner 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 other office of profit or connected with any political party or carrying on any business or
pursuing any profession.
(7) The headqua rters of the State Information Commission shall be at such place in the State as the
State Government may, by notification 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.
16. Term of office and conditions of service.—(1) The State Chief Information Commissioner shall
hold office 1[for such term as may be prescribed by the Central Government] 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 1[for such term as may be prescribed by
the Central Government] 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 Commissioner shall, on vacating his office under th is 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 Information 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 Commissioner and the State Chief Information Commissioner.
(3) The State Chief Information Commissioner or a State Information Commissioner, 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 Commissioner 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 Information Commissioner or a State Information Commissioner may
be removed in the manner specified under section 17.
1. Subs. by Act 24 of 2019, s. 3, for, “for a term of five years from the date on which he enters upon his office”(w.e.f. 24-10-
2019).
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1[(5) The salaries and allowances payable to and other terms and conditions of service of the State
Chief Information Commissioner and the State Information Commissioners shall be such as may be
prescribed by the Central Government:
Provided 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:
Provided further that the State Chief Information Commissioner and the State Information
Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019
shall continue to be governed by the provisions of this Act and the rules made there under as if the Right
to Information (Amendment) Act, 2019 had not come into force.]
(6) The State Government shall provide the State Chief Information Commissioner and the State
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.
17. Removal of State Chief Information Commissioner or State Information Commissioner .—
(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 State Information
Commissioner, as the case may be, ought on such ground be removed.
(2) The Governor may suspend from office, and 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 the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub -section (1), the Governor may by order r emove from
office the State Chief Information Commissioner or a State Information Commissioner if a State Chief
Information Commissioner or a State 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 Governor, 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 Governor, 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 State Chief Information Commissioner or a State Information Commissioner.
(4) If the State Chief Information Commissio ner or a State Information Commissioner in any way,
concerned or interested in any contract or agreement made by or on behalf of the Government of the State
or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom
otherwise than 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.
CHAPTER V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES
18. Powers and functions of Info rmation Commissions.—(1) Subject to the provisions of this Act,
it shall be the duty of the Central Information Commission or State Information Commission, as the case
may be, to receive and inquire into a complaint from any person,—
Excerpt shown. Open the full act in Lexace.