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;
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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 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 subdistrict 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 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.
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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 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:
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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
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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 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.