#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.
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.
 
 
 
#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 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 India.

(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. 

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; 

(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 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 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, 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 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;

  (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  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. **Designation of Public Information Officers.**—(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 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.
 
6. **Request for obtaining information.**—(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,  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. 

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 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  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 
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  resources  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) 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; 

(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: 
 
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 interest,  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  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 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  State  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. 

11. **Third party information.**—(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 
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  record  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 Central 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  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 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 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.

13. **Term of office and conditions of service.**—(1) The Chief Information Commissioner shall hold 
office 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, 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  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  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 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.
                                                           
(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 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, and if deem necessary prohibit also from attending the 
office  during  inquiry,  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 of 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; 

  (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 headquarters 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 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  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  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. 

(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 remove 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  Commissioner  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 Information 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,— 

  (a) who  has  been  unable  to  submit  a  request  to  a  Central  Public  Information  Officer  or  State 
Public  Information  Officer,  as  the  case  may  be,  either  by  reason  that  no  such  officer  has  been 
appointed  under  this  Act,  or  because  the  Central  Assistant  Public  Information  Officer  or  State 
Assistant Public Information Officer, as the case may be, has refused to accept his or her application 
for information or appeal under this Act for forwarding the same to the Central Public Information 
Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 
or the Central Information Commission or the State Information Commission, as the case may be;

  (b) who has been refused access to any information requested under this Act; 

  (c) who has not been given a response to a request for information or access to information within 
the time limit specified under this Act; 

  (d) who has been required to pay an amount of fee which he or she considers unreasonable; 

  (e) who believes that he or she has been given incomplete, misleading or false information under 
this Act; and 

  (f) in respect of any other matter relating to requesting or obtaining access to records under this 
Act. 

(2) Where the  Central  Information  Commission or  State  Information  Commission,  as the case  may 
be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in 
respect thereof. 

(3) The Central Information Commission or State Information Commission, as the case may be, shall, 
while  inquiring  into  any  matter  under  this  section,  have  the  same  powers  as  are  vested  in  a  civil  court 
while  trying  a  suit  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  in  respect  of  the  following 
matters, namely:— 

  (a) summoning and enforcing the attendance of persons and compel them to give oral or written 
evidence on oath and to produce the documents or things; 

  (b) requiring the discovery and inspection of documents; 

  (c) receiving evidence on affidavit; 

  (d) requisitioning any public record or copies thereof from any court or office; 

  (e) issuing summons for examination of witnesses or documents; and 

  (f) any other matter which may be prescribed. 

(4) Notwithstanding  anything  inconsistent  contained  in  any  other  Act  of  Parliament  or  State 
Legislature,  as  the  case  may  be,  the  Central  Information  Commission  or  the  State  Information 
Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any 
record to which this Act applies which is under the control of the public authority, and no such record 
may be withheld from it on any grounds. 

19. **Appeal.**—(1) Any person who, does not receive a decision within the time specified in 
sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central 
Public Information Officer or State Public Information Officer, as the case may be, may within thirty days 
from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who 
is senior in rank to the Central Public Information Officer or State Public Information Officer as the case 
may be, in each public authority: 

Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or 
she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 

(2) Where an appeal is preferred against an order made by a Central Public Information Officer or a 
State Public Information Officer, as the case may be, under section 11 to disclose third party information, 
the appeal by the concerned third party shall be made within thirty days from the date of the order. 
 
(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the 
date on which the decision should have been made or was actually received, with the Central Information 
Commission or the State Information Commission: 

Provided that the Central Information Commission or the State Information Commission, as the case 
may  be,  may  admit  the  appeal  after  the  expiry  of  the  period  of  ninety  days  if  it  is  satisfied  that  the 
appellant was prevented by sufficient cause from filing the appeal in time. 

(4) If the decision of the Central Public Information Officer or State Public Information Officer, as 
the case may be, against which an appeal is preferred relates to information of a third party, the Central 
Information Commission or State Information Commission, as the case may be, shall give a reasonable 
opportunity of being heard to that third party. 

(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the 
Central Public Information Officer or State Public Information Officer, as the case  may be, who denied 
the request. 

(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the 
receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date 
of filing thereof, as the case may be, for reasons to be recorded in writing. 

(7) The decision of the Central Information Commission or State Information Commission, as the 
case may be, shall be binding. 

(8) In its decision, the Central Information Commission or State Information Commission, as the case 
may be, has the power to— 

  (a) require the public authority to take any such steps as may be necessary to secure compliance 
with the provisions of this Act, including— 

    (i) by providing access to information, if so requested, in a particular form; 

    (ii) by appointing a Central Public Information Officer or State Public Information Officer, as 
the case may be; 

    (iii) by publishing certain information or categories of information; 

    (iv) by making necessary changes to its practices in relation to the maintenance, management 
and destruction of records; 

    (v) by enhancing the provision of training on the right to information for its officials; 

    (vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of 
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. 

20. **Penalties.**—(1)Where the Central Information Commission or the State Information Commission, 
as  the  case  may  be,  at  the  time  of  deciding  any  complaint  or  appeal  is  of  the  opinion  that  the  Central 
Public Information Officer or the State Public Information Officer, as the case may be, has, without any 
reasonable  cause,  refused  to  receive  an  application  for  information  or  has  not  furnished  information 
within  the  time  specified  under  sub-section  (1)  of  section  7  or  malafidely  denied  the  request  for 
information or knowingly given incorrect, incomplete or misleading information or destroyed information 
which was the subject of the request or obstructed in any manner in furnishing the information, it shall 
impose a penalty of two hundred and fifty rupees each day till application is received or information is 
furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: 

Provided that the Central Public Information Officer or the State Public Information Officer, as the 
case  may  be,  shall  be  given  a  reasonable  opportunity  of  being  heard  before  any  penalty  is  imposed  on 
him: 

Provided  further  that  the  burden  of  proving  that  he  acted  reasonably  and  diligently  shall  be  on  the 
Central Public Information Officer or the State Public Information Officer, as the case may be. 

(2) Where  the  Central  Information  Commission  or  the  State  Information  Commission,  as  the  case 
may  be,  at  the  time  of  deciding  any  complaint  or  appeal  is  of  the  opinion  that  the  Central  Public 
Information  Officer  or  the  State  Public  Information  Officer,  as  the  case  may  be,  has,  without  any 
reasonable  cause  and  persistently,  failed  to  receive  an  application  for  information  or  has  not  furnished 
information within the time specified under sub-section (1) of section 7 or malafidely denied the request 
for  information  or  knowingly  given  incorrect,  incomplete  or  misleading  information  or  destroyed 
information  which  was  the  subject  of  the  request  or  obstructed  in  any  manner  in  furnishing  the 
information, it shall recommend for disciplinary action against the Central Public Information Officer or 
the State Public Information Officer, as the case may be, under the service rules applicable to him. 

###CHAPTER VI 

###MISCELLANEOUS 

21. **Protection of action taken in good faith.**—No suit, prosecution or other legal proceeding shall 
lie against any person for anything which is in good faith done or intended to be done under this Act or 
any rule made thereunder. 

22. **Act to have overriding effect.**—The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in the Official Secrets Act, 1923  (19 of 1923), and any other 
law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

23. **Bar of jurisdiction of courts.**—No court shall entertain any suit, application or other proceeding 
in respect of any order made under this Act and no such order shall be called in question otherwise than 
by way of an appeal under this Act. 

24. **Act not to apply in certain organisations.**—(1) Nothing contained in this Act shall apply to the 
intelligence and security organisations specified in the Second Schedule, being organisations established 
by the Central Government or any information furnished by such organisations to that Government: 

Provided that the information pertaining to the allegations of corruption and human rights violations 
shall not be excluded under this sub-section: 

Provided further that in the case of information sought for is in respect of allegations of violation of 
human  rights,  the  information  shall  only  be  provided  after  the  approval  of  the  Central  Information 
Commission,  and  notwithstanding  anything  contained  in  section  7,  such  information  shall  be  provided 
within forty-five days from the date of the receipt of request. 

(2)  The  Central  Government  may,  by  notification  in  the  Official  Gazette,  amend  the  Schedule  by 
including  therein  any  other  intelligence  or  security  organisation  established  by  that  Government  or 
omitting therefrom any organisation already specified therein and on the publication of such notification, 
such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule. 

(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament. 

(4)  Nothing  contained  in  this  Act  shall  apply  to  such  intelligence  and  security  organisation  being 
organisations  established  by  the  State  Government,  as  that  Government  may,  from  time  to  time,  by 
notification in the Official Gazette, specify: 

Provided that the information pertaining to the allegations of corruption and human rights violations 
shall not be excluded under this sub-section: 

Provided further that in the case of information sought for is in respect of allegations of violation of 
human  rights,  the  information  shall  only  be  provided  after  the  approval  of  the  State  Information 
Commission  and,  notwithstanding  anything  contained  in  section  7,  such  information  shall  be  provided 
within forty-five days from the date of the receipt of request. 

(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.

25. **Monitoring and reporting.**—(1)  The  Central  Information  Commission  or  State  Information 
Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report 
on  the  implementation of the  provisions  of  this  Act  during  that  year  and  forward  a  copy  thereof to the 
appropriate Government.

(2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, 
collect  and  provide  such  information  to  the  Central  Information  Commission  or  State  Information 
Commission, as the case may be, as is required to prepare the report under this section and comply with 
the requirements concerning the furnishing of that information and keeping of records for the purposes of 
this section.

(3) Each report shall state in respect of the year to which the report relates,— 

  (a) the number of requests made to each public authority; 

  (b) the  number  of  decisions  where  applicants  were  not  entitled  to  access  to  the  documents 
pursuant to the requests, the provisions of this Act under which these decisions were made and the 
number of times such provisions were invoked; 

  (c) the number of appeals referred to the Central Information Commission or State Information 
Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals; 

  (d) particulars of any disciplinary action taken against any officer in respect of the administration 
of this Act; 

  (e) the amount of charges collected by each public authority under this Act; 

  (f) any  facts  which indicate  an  effort  by the public  authorities to  administer  and  implement  the 
spirit and intention of this Act; 

  (g) recommendations for  reform,  including  recommendations in  respect  of  the particular  public 
authorities,  for  the  development,  improvement,  modernisation,  reform  or  amendment  to  this  Act  or 
other legislation or common law or any other matter relevant for operationalising the right to access 
information. 

(4) The Central Government or the State Government, as the case may be, may, as soon as practicable 
after the end of each year, cause a copy of the report of the Central Information Commission or the State 
Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House 
of  Parliament  or,  as  the  case  may  be,  before  each  House  of  the  State  Legislature,  where  there  are  two 
Houses, and where there is one House of the State Legislature before that House. 

(5) If it appears to the Central Information Commission or State Information Commission, as the case 
may be, that the practice of a public authority in relation to the exercise of its functions under this Act 
does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation 
specifying the steps which ought in its opinion to be taken for promoting such conformity. 

26. **Appropriate Government to prepare programmes.**—(1) The appropriate Government may, to 
the extent of availability of financial and other resources,— 

  (a) develop and organise educational programmes to advance the understanding of the public, in 
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 

  (d) train Central Public Information Officers or State Public Information Officers, as the case may 
be, of  public  authorities  and  produce  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  easily  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  regular  intervals  which  shall,  in  particular  and  without  prejudice  to  the  generality  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  publish  the  guidelines  at  regular 
intervals. 

27. **Power to make rules by appropriate Government.**—(1) The appropriate Government may, by 
notification in the Official Gazette, make rules to carry out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 
provide for all or any of the following matters, namely:— 

  (a) the cost of the medium or print cost price of the materials to be disseminated under sub-
section (4) of section 4; 

  (b) the fee payable under sub-section (1) of section 6; 

  (c) the fee payable under sub-sections (1) and (5) of section 7; 

    (ca) the term of office of the Chief Information Commissioner and Information Commissioners 
under sub-sections (1) and (2) of section 13 and the State Chief Information Commissioner and State 
Information Commissioners under sub-sections (1) and (2) of section 16; 

    (cb) the salaries, allowances and other terms and conditions of service of the Chief Information 
Commissioner and the Information Commissioners under sub-section (5) of section 13 and the State 
Chief Information Commissioner and the State Information Commissioners under sub-section (5) of 
section 16;

(d) the salaries and allowances payable to and the terms and conditions of service of the officers 
and other employees under sub-section (6) of section 13 and sub-section (6) of section 16; 

(e) the procedure to be adopted by the Central Information Commission or State Information 
Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and 

(f) any other matter which is required to be, or may be, prescribed. 

28. **Power to make rules by competent authority.**—(1)  The  competent  authority  may,  by 
notification in the Official Gazette, make rules to carry out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 
provide for all or any of the following matters, namely:— 

  (i) the cost of the medium or print cost price of the materials to be disseminated under sub-section 
(4) of section 4; 

  (ii) the fee payable under sub-section (1) of section 6; 

  (iii) the fee payable under sub-section (1) of section 7; and 

  (iv) any other matter which is required to be, or may be, prescribed. 

29. **Laying of rules.**—(1) Every rule made by the Central Government under this Act shall be laid, as 
soon as may be after it is made, before each House of Parliament, while it is in session, for a total period 
of  thirty  days  which  may  be  comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if, 
before the expiry of the session immediately following the session or the successive sessions aforesaid, 
both Houses agree in making any modification in the rule or both Houses agree that the rule should not be 
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may 
be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule. 

(2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is 
notified, before the State Legislature. 

30. **Power to remove difficulties.**—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of 
the difficulty: 

Provided that no such order shall be made after the expiry of a period of two years from the date of 
the commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 
House of Parliament. 

31. **Repeal.**—The Freedom of Information Act, 2002 (5 of 2003) is hereby repealed. 



##THE FIRST SCHEDULE 

[See sections 13 (3) and 16(3)] 

FORM OF OATH OR AFFIRMATION TO BE MADE BY THE CHIEF INFORMATION COMMISSIONER/THE 
INFORMATION COMMISSIONER/THE STATE CHIEF INFORMATION COMMISSIONER/THE STATE 
INFORMATION COMMISSIONER 

“I,  .....................,  having  been  appointed  Chief Information  Commissioner/Information 
Commissioner/State Chief Information Commissioner/State Information Commissioner 
swear in the name of God that I will bear true faith and allegiance to the 

      solemnly affirm 

Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I 
will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my 
office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.”. 


 
 



##THE SECOND SCHEDULE 

(See section 24) 

###INTELLIGENCE AND SECURITY ORGANISATION ESTABLISHED BY THE CENTRAL GOVERNMENT 

1. Intelligence Bureau. 

2. Research and Analysis Wing including its technical wing namely, the Aviation Research 
Centre of the Cabinet Secretariat.

3. Directorate of Revenue Intelligence. 

4. Central Economic Intelligence Bureau. 

5. Directorate of Enforcement. 

6. Narcotics Control Bureau.

8. Special Frontier Force of the Cabinet Secretariat. 

9. Border Security Force. 

10. Central Reserve Police Force. 

11. Indo-Tibetan Border Police. 

12. Central Industrial Security Force. 

13. National Security Guards. 

14. Assam Rifles. 

15. Sashtra Seema Bal.

16. Directorate General of Income-tax (Investigation).

17. National Technical Research Organisation.

18. Financial Intelligence Unit, India.

19. Special Protection Group.

20. Defence Research and Development Organisation. 

21. Border Road Development Board. 

22. National Security Council Secretariat.

23. Central Bureau of Investigation.

24. National Investigation Agency.

25. National Intelligence Grid.

26. Strategic Forces Command.