THE HARTOG COMMITTEE (1929)

THE HARTOG COMMITTEE (1929)

       I.            INTRODUCTION  (Historical background)

    II.            REPORT OF THE HARTOG COMMITTEE, 1929

a.      Recommendations on Primary Education

b.      Recommendations on Secondary Education

c.       Recommendations on Higher Education

d.      Women Education

 III.            CONCLUSION

HISTORICAL BACKGROUND

               The Hartog Committee (1929) and Sapru Committee (1934) both emphasized the vital role of vocational education in the country's economic development. The Hartog Committee recommended diversified courses in the schools to enable the students to prepare for industrial and commercial careers at the end of middle school stage, as preparation to special instruction in technical and industrial schools. The Sapru Committee recommended 11 years of school education (5 years for primary, 3 years for lower secondary and 3 years for higher secondary) with vocational studies commencing after 11 years of education. The main purpose of the Sapru Committee was to find ways and means of solving unemployment problem through diversified courses at the secondary stage. But it too made little impact on the educational administration.

REPORT OF THE HARTOG COMMITTEE, 1929

The Committee studied the various aspects of education and submitted its report before the commission in 1929, It put forward comprehensive recommendations in regard to various facts of education in India. First, the Committee made some general observations regarding the state of education in India. The committee observed that there was considerable progress made in education by the time. In general, people regarded education as a matter of national importance. Increasing enrolment in primary school indicates that the sense of indifference to education was breaking down and social and political consciousness among the people had also increased. The women, the Muslims and the backward classes had also awakened and there had been rapid progress in the numbers. Although there was general consciousness of the people in education, the Committee was not satisfied with the growth of literacy in the country. With these ideas in view, the Committee presented a comprehensive report. It was valuable in the sense that it tried to feel the pulse of education in India. It made recommendations in regard to primary secondary, higher and also some other aspects of education.

Recommendations on Primary Education

Hartog Committee made a thorough study of the primary education in India. It realised that the progress of primary education has not been satisfactory. Therefore, before making the recommendations, the committee pointed out the major defects of the existing system of primary education quite convincingly. They may be outlined below—
A)	Defects of Primary Education : The Committee pointed out the following special difficulties in the path of progress of primary education— The Committee realised that the majority of the Indian population reside in villages. Hence primary education is more a rural problem than an urban one. In rural areas school units are usually small, adequate staffing is more expensive, the conditions of living are not attractive to teachers, needs for supervision and inspection is much greater and it is more difficult to secure regular and prolonged attendance of children. The Committee found that the villagers were poor, illiterate and conservative and unwilling to send their children to schools. The general economic conditions of the villagers were also unfavourable to the spread of mass education. The villages were scattered, roads and means of communications were very bad. Physical and climatic conditions were also not favourable for education. The Hartog committee noted that there were many inaccessible and economically backward areas where primary education had not been encouraged. As villages did not have hygienic conditions, epidemic often broke out which affected the regularity of attendance of the children. Besides, agricultural work was also responsible for poor attendance. Children had to help their parents in agriculture and the parents found that if they sent their children to schools, their work would suffer. The committee also found very serious barriers of caste, religion and communal feelings making the expansion of primary education complicated. Another big challenge is found by the Committee on primary level, is Wastage and Stagnation: According to the Committee ‘wastage’ meant premature withdrawal of children from school at any stage before the completion of the primary course. By ‘stagnation’ the committee meant detention in the same classes for more than one academic year. Regular promotion of the students to the next higher class is interrupted resulting in the withdrawal of the student from school learning. The committee had highlighted the following causes of wastage and stagnation in primary education— As most of the parents are illiterate children don’t find suitable environment to retain their literacy. The committee found that 60% of the primary schools were single teacher school. The teachers are not trained and regular inspection of schools was not possible due to inadequate number of inspectors. The method of teaching employed by the teachers was unscientific and stereo typed and the curriculum was not scientific and upto date. Many of the schools were temporary and short lived. There were certain schools that did not hold their sessions regularly.
B)	Recommendations for Improvement: After describing the defects of primary education Hartog committee condemned the policy of its hasty expansion and recommended concentration on consolidation and qualitative improvement. Its main recommendations were— Planning to make primary education compulsory: Primary education should be made compulsory, but there should be no hurry about it. Environment and circumstances of the locality should be carefully studied while making education compulsory Quality Development: Policy of consolidation should be adopted and haphazard expansion should be dropped. Qualitative development should be made instead of increasing the number of primary schools. Duration: The minimum duration of the primary course should be of four years. Timetable: The time table of the schools should be drawn up in accordance with the environment and the circumstances of the schools. Curriculum: The curriculum of primary schools should be liberalised. It should be based on the needs and conditions of village life. Standard of teachers: Standard of the primary teachers should be improved. Training institutions should have better equipment and efficient staff. Refresher courses should also be arranged from time to time. Salary conditions of the service should be made attractive. Reduction of wastage and stagnation: Special attention should be given to the lowest class in primary schools and determined effort should be made to reduce the large extent of stagnation and wastage that prevail therein. Government inspection: The inspecting staff of the Government should be considerably strengthened both in quality and quantity. Centres for rural welfare: Primary schools should serve as centres for rural uplift works, medical relief, adult education, mass literacy, sanitation, recreation etc Finance: The Hartog committee opined that primary education should be a national concern and imperial Government should not entirely withdraw from the field of educational finance. It should provide necessary funds to meet financial deficiencies in the interest of India as a whole.

Recommendations on Secondary Education

T he Hartog committee’s survey of secondary education is not comprehensive. It stresses only on a few major defects and suggests some remedies. First, we shall discuss the defects of secondary education as pointed out by the committee and then we shall proceed to the recommendations regarding its improvement.
	Defects in the Secondary Education : Examination Oriented: The committee found that the whole system of secondary education was dominated by the matriculation examination and the ideal of every boy who entered a secondary school was to prepare himself for the university examinations. It had no other purpose before it. Failures: The percentage of failures at the matriculation examinations was very large. This involved the waste of time, effort and money of the pupils. This was mainly due to laxness of promotions in the secondary schools from class to class and the absence of reasonable selective system.
	Recommendations for Improvement : In order to remove the defects of the system of secondary education the committee made the following recommendations— Diverting Pupils to Non-Literacy Pursuits : With a view to reducing the domination of the matriculation examination, the committee recommended— a) The introduction of a more diversified curriculum in the middle vernacular schools,, b) The diversion of more boys to industrial and commercial careers at the end of the middle stage, for which provision should be made by alternative courses in that stage. The students should be encouraged to offer these courses as they would be of great help in practical life. Improvement in the training and service conditions of secondary teachers: In this regard the committee said— a) Remuneration and conditions of service of the secondary teachers are for from satisfactory. Therefore, the salaries and service conditions of the teachers should be improved so as to attract really capable persons into the job. Teachers should be provided with better service conditions, higher salary and better social status. b) The committee noted that there was no security of service for the teachers. Teachers were frequently sent away at short notice. Many schools recruit teachers for nine months only and thus avoiding the payment of vocation salaries and increments. The salaries of teachers are paid very irregularly. The committee recommended the removal of such evils for the improvement of secondary education. c) The training facilities of the teacher should also be improved.

Recommendations on Higher Education

Already you have learnt about the recommendation of the Hartog Committee regarding primary and secondary education. The committee gave some important suggestions for the university education as well. But before suggesting recommendations it evaluated the condition of higher education, as prevalent in India in those days. The committee looked at the defects and suggested for their remedy.

A)	Defects in Higher Education: Low standards: The committee praised the growth in the number of affiliated college but criticised the falling standards of education due to the worsening of environment in these colleges. The committee also stated that the lowering of standards is also due to indiscriminate admissions and poor work culture in secondary schools. Failure to achieve purpose: The main aim of higher education is to inculcate a taste for learning in the students and to prepare the right type of person for the society. But the universities have failed to produce leaders of society both from the qualitative and quantitative points of view. Overcrowding: The universities are over-crowded with students who are not exactly for university education. Neglect of Honours Course: The universities have not properly organised the Honours courses. This led to an unbalanced growth in the field of education. Inadequate Libraries: Libraries are ill equipped. Laboratory equipment and teaching aids are unsatisfactory which are so essential for higher educations are not up to the mark. Unhealthy competition: The committee felt that there was unhealthy competition among the universities. They paid more attention to increasing the number of students than to raising the standard of education.
B)	Recommendations: The Hartog Committee made the following recommendations for the improvement of higher education in India. Unitary as well as teaching universities: The committee recommended the establishment of affiliated universities alongwith the unitary, residential and teaching universities, keeping in view the great demand for higher education in India. It admitted that the standard of education in the affiliated colleges of these universities would be poorer than in the teaching universities, but under the circumstances affiliated colleges alone could meet the demand for higher education of the people. Appointment of teachers: The committee recommended that the teachers for affiliated colleges should be appointed by the universities. This procedure will raise the standards of education. Provision for Honours course: The honours course should be of more advanced nature than the pass courses and these courses should be instituted only at the universities. Employment: Provision should be made for technical education by the universities. Graduates should not suffer from unemployment and Employment Bureau should be opened in the universities to help the students get suitable employment. Improving the standard of secondary education: In order to improve the standard of higher education, the standard of the secondary examination should be raised. Restricted admission: The admission in the universities should be made on the basis of abilities and aptitudes of students. Libraries: There should be a well equipped central library in each university in order to enable the teachers to keep themselves upto date in the field of education. Examination for administrative services: Departmental examinations should be held to recruit the graduates in administrative services. Improvement in university work: Efforts should be concentrated on improving university work cluture, on confining the university to its proper function of providing good advanced education to students, who are fit to receive it and to make the university a more fruitful agency in the life of the community.

Women Education

The Hartog committee observed that vast discrepancy exists between the education of boys and that of the girls. The condition of women education was deplorable. The committee recommended that—

	Equal importance should be given to the education of the boys as well as girls.
	More primary schools for the girls should be established in rural areas where convenient, girls should also be allowed to study in the schools meant for boys.
	Curriculum for girls should include home science, hygiene, music etc. in secondary schools.
	Greater attention should be paid towards the training of women so that sufficient numbers of trained lady teachers could take up the teaching jobs.
	The number of inspecting staff should also be raised.
	The education of the girls at the primary level should be gradually made compulsory.
	Priority should be given to education of women in India.

CONCLUSION

In 1929, the Hartog Committee submitted its report. This Committee was appointed to survey the growth of education in British India. It “devoted far more attention to mass education than Secondary and University Education”. The committee was not satisfied with the scanty growth of literacy in the country and highlighted the problem of ‘Wastage’ and ‘Stagnation’ at the primary level.It mentioned that the great waste of money and efforts which resulted because of the pupils leaving their schools before completing the particular stage of education. Its conclusion was that “out of every 100 pupils (boys and girls) who were in class I in 1922-23, only 18 were reading in class IV in 1925-26. Thus resulted in a relapse into illiteracy. So, it suggested the following important measures for the improvement of primary education.

I. Adoption of the policy of consolidation in place of multiplication of schools;

II. Fixation of the duration of primary course to four years;

III. Improvement in the quality, training, status, pay, service condition of teachers;
IV. Relating the curricula and methods of teaching to the conditions of villages in which children live and read;
V. Adjustment of school hours and holidays to seasonal and local requirements;
VI. Increasing the number of Government inspection staff.

In the sphere of secondary education the Committee indicated a great waste of efforts due to the immense number of failures at the Matriculation Examination. It attributed that the laxity of promotion from one class to another in the earlier stages and persecution of higher education by incapable students in too large a number were the main factors of wastage.

So it suggested for the introduction of diversified course in middle schools meeting the requirements of majority of students. Further it suggested “the diversion of more boys to industrial and commercial careers at the end of the middle stage”. Besides, the Committee suggested for the improvement of University Education, Women Education, Education of Minorities and Backward classes etc.

The Committee gave a permanent shape to the educational policy of that period and attempted for consolidating and stabilizing education. The report was hailed as the torch bearer of Government efforts. It attempted to prove that a policy of expansion had proved ineffective and wasteful and that a policy of consolidation alone was suited to Indian conditions. However, the suggestions of the Committee could not be implemented effectively and the educational progress could not be maintained due to worldwide economic depression of 1930-31. Most of the recommendations remained mere pious hopes.

Difference Between Knowledge and Information

Knowledge vs Information

The human mind’s content is based on the kinds of things that one interacts with on a daily basis. Many a time people perceive things based on either what they have seen, experienced, heard, read, learned or inferred after some experimentation. These perceptions are then categorized in the mind as data, information, knowledge, understanding or wisdom. Unlike wisdom, information and knowledge perceptions are as a result of what the brain has recorded in the past. That said, we need to know how knowledge differs from information (if it does) and if one can exist without the other.

Information refers to data that has been given some meaning by way of relational connection. In computing terms it is data that has been processed. The ‘meaning’ applied to the data may not necessarily be useful. For instance, data stored in a database can be processed by a procedure or a program to give information about something, for example a banking application can determine how a particular account balance increased by returning the record of the credit that occurred to that account using data stored in a database somewhere, so ‘information’ would have been retrieved about that transaction. It is important to know that without information, you will not have knowledge.

what is knowledge?

 Knowledge is the concise and appropriate collection of information in a way that makes it useful. Knowledge refers to a deterministic process where patterns within a given set of information are ascertained. We can also positively say that when a person memorizes some information about something, then they have knowledge about it. That knowledge will have some useful and even applicable use to them but even if that’s the case, that knowledge doesn’t in itself provide for integration such as would infer further knowledge. Take the example of elementary school kids who memorize knowledge of the multiplication table (times table), for instance like the result of 3 times 3 is 9(3*3=9), because they have amassed knowledge of the table. However, the kids will not be able to respond positively when asked the result of 2300*150 as that entry isn’t in the table. It takes true analytical ability and the ability to reduce it to empirical factual knowledge, not just some memorized set of knowledge.

Summary:
1.  Information is processed data whereas knowledge is information that is modeled to be useful.
2.  You need information to be able to get knowledge.
3.  Information deals with the way data is related while knowledge examines patterns within a given set of information.
4.  To get knowledge you need some cognitive and analytical ability while for information you do not need cognitive ability.

Right to Information Act, 2005

Right to Information Act, 2005
(Act No. 22 of 2005)
CONTENT

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.Term of office and conditions of service.
14. Removal of' Chicf Infiommtion Commissioner or Information Commissioner.
CHAPTER IV
TIIE STATE INFORMATION COMMISSION
15.Constitution of State InFonnation Commission.
16. Tenn of office andconditions of service.
Right to Information Act. 2005
SECTIONS
17. Removal of State Chief Information Commissioner or State Information Commissioner.
CHAPTER V
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEA L AND PENALTIES
18.Powers and functions of Information Commissions.
19.Appeal.
20. Penalties.
CHAPTER VI
MISCELLANEOUS
21. Pmtection of action taken in good faith.
22. Act to have overriding effect.
23. Bar ofjudisdiction of courts.
24. Act not to apply in certain organizations.
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 RIGHT TO INFORMATION ACT, 2005
No. 22 OF 2005
[15th June, 2005.1
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
gfuovnecrtnioendi;n g and also to contain corruption and to hold Governments and their instrumentalities accountable to the
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
democratic ideal; it is necessary to harmonise these conflicting interests while preserving the paramountcy of the
Now. THEREFORE,
it is expedient to provide for furnishing certain information to citizens who desire to have it.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(/)
This Act may be called the Right to Information Act, 2005.
(2) It extends to the whole of India except the State ofJammu and Kashmir.
(3) The provisions of sub-section (/) of section 4, sub-sections (/) 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-
0)
by the Central Government or the Union territory administration, the Central Government;
(ii) by the State Government, the State Government;
(b)
section "(/C) eonft sraelc tIinofno r1m2;a tion Commission" means the Central Information Commission constituted under sub-
12th October. 2005.
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Right to Information Act, 2005
(Chapter I —Preliminary.)
(c) "Central Public Information Officer" means the Central Public Information Officer designated under subsection
(I) 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;
V) "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—
(0 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;
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Right to Information Act, 2005
(Chapter I—Preliminary. Chapter IL—Right to information and obligations of public authorities.)
(I)
-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-
0) 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 thrm 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)
(/) of se"cSttiaotne 1I5n;f ormation Commission" means the State Information Commission constituted under sub-section
(/) "State Chief Information Commissioner" and "State Information Commivioner mean the State Chief
Information Commissioner and he State Information Commissioner appointed unc1d$ sub-section
15; (3) of section
(m)
"State Public Information Officer" means the State Public Information Officer designated under subsection
(/) and includes a State Assistant Public Information Officer designated as such under sub-section
section 5; (2) of
(n)
authorit-yt.h ird party'' means a person other than the citizen mak ng a request for information and includes a public
CHAPTER II
RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
3. Ftight to information.—Subject to the provisions of this Act, all citizens shall have the right to information.
4. Obligations of public authorities. —(/) 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;
Oh)
accountabthileit yp;r ocedure followed in the decision making process, including channels of supervision and
(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;
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Right to Information Act, 2005
(Chapter IL-Right to information and obligations of public authorities.)
(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 suo motu to the public at regular intervals through
various means of communications, including intemet, so that the public have minimum resort to the use of this Act to
obtain information.
(3) For the purposes of sub-section (/), 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 intemet or any other means, including inspection of offices of any public authority.
5. Designation of Public Information Officers.-(I) 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.
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Right to Information Act, 2005
(Chapter II —Right to information and obligations of public authorities.)
(2) Without prejudice to the provisions of sub-section (/), 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 infbrmation 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 (/) 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 (/) 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.—(/) 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 tiansfer 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.
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Right to Information Act, 2005
(Chapter IL—Right to information and obligations of public authorities.)
7. Disposal of request.—(/) 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 (/), 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 (/),
requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and
payment of fees shall be excluded fbr the purpose of calculating the period of thirty days referred to in that subsection;
(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 printe,d 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 ( /) of section 6 and sub-sections (/) and (5) of section 7 shall
be reasonable and no such fee shall be charged from the persons who are of belovv 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 subsection
(1).
(7) Before taking any decision under sub-section (/), 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 1.
(8) Where a request has been rejected under sub-section (/), 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;
(a) the period within which an appeal against such rejection may be preferred; and
WO the particulars of the appellate authority.
(-
7
Right to Information Act, 2005
(Chapter II.—Right to information and obligations of public authorities )
(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. —(/) 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 figther 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 (/), 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 (/), 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:
8
Right to Information Act, 2005
(Chapter II—Right to information and obligations of public authorities.)
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.—(/)
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 (I), 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)
deposit;t haen dd etails of the fees calculated by him or her and the amount of fee which the applicant is required to
(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 (/) 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 (/) 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 b, if the
third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether
poar rntyo.t to disclose the information or record or part thereof and give in writing the notice of his decision to the third
(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.
9
Right to Information .4ct, 2005
(Chapter III. -The Central Information Commission.)
CHAPTER III
THE CENTRAL INFORMATION COMMISSION
12. Constitution of Central Information Commission.—(/)
The Central Government shall, by notification in the
Official Gazette. constitute a body to be known as the Central Information Commission to exercise the powers
conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.
(3)
The Chief Information Commissioner and Information Commissioners shall be appointed by the President on
the recommendation of a committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in
the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the
Government in the House of the People shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs of the Central Information Commission
shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may
exercise all such powers and do all such acts and things which may be exercised or done by the Central Information
Commission autonomously without being subjected to directions by any other authority under this Act.
(5)
The Chief Information Commissioner and information Commissioners shall be persons of eminence in public
life with wide knowledge and experience in law, science and technology, social service, management, journalism,
mass media or administration and governance.
(6)
The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament
or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or
connected with any political party or carrying on any business or pursuing any profession.
(7)
The headquarters of the Central Intimation 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. —(/) The Chief Information Commissioner shall hold office for a
term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
fiveP yreoavrsid. ed that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-
(2)
Every Information Commissioner shall hold office tbr a term of five years from the date on which he enters
upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for
reappointment as such Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for
appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:
10
Right to Information Act, 2005
(Chapter M —The Central Information Commission.)
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—
(a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;
(b) an Information Commissioner shall be the same as that of an Election Commissioner:
Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his
appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service
under the Government of India or under the Government of a State, his salary in respect of the service as the Chief
Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including
any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding
pension equivalent of retirement gratuity:
Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his
appointment is, in receipt of retirement benefits in respect of any previous serVice rendered in a Corporation
established by or under any Central Act or State Act or a Government company owned or controlled by the Central
Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or
an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner
and the Information Commissioners shall not be varied to their disadvantage after their appointment.
(6) The Central Government shall provide the Chief Information Commissioner and the information
Commissioners with such officers and employees as may be necessary for the efficient performance of their functions
under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and
other employees appointed for the purpose of this Act shall be such as may be prescribed.
14. Removal of Chief Information Commissioner or Information Commissioner—CO provisions of sub-section (3), Subject to the 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 (/) 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 (/), 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
11
Right to Information Act, 2005
(Chapter III—The Central Information Commission. Chapter IV—The State Information Commission.)
(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 Govemment 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 (/), be deemed to be guilty of
misbehaviour.
CHAPTER IV
THE STATE INFORMATION COMMISSION
15. Constitution of State Information Commission.—(/) 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 Govemor 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
(M) a Cabinet Minister to be nominated by the Chief Minister.
Erplanation.—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.
12
Right to Information Act, 2005
(Chapter IV—The State Information Commission.)
(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.—(/) The State Chief Information Commissioner shall hold office
for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of
sixty-five years.
(2) Every State Information Commissioner shall hold office for a term of five years from the date on which he
enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for
reappointment as such State Information Commissioner:
Provided that every State Information 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—
(a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State
Government:
Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of
his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service
under the Government of India or under the Government of a State, his salary in respect of the service as the State
Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that
pension including any portion of pension which was commuted and pension equivalent of other forms of retirement
benefits excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at
the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a
Corporation established by or under any Central Act or State Act or a Government company owned or controlled by
the Central Government or the State Government, his salary in respect of the service as the State Chief Information
Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the
retirement benefits:
Provided also that the salaries, allowances and other conditions of service of the State Chief Information
Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their
appointment.
13
Right to Information Act, 2005
(Chapter IV-7'he State Information Commission. Chapter V—Powers andfunctions of the Information
Commissions, appeal and penalties.)
(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.—(/) 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 Govemor, 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 (/), 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 Govemor, 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 'Unctions of Information Commissions.—(/) 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 inquire into a complaint from any person,— and
(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
tbe same to the Central Public Information Officer or State Public Information Officer or senior officer specified
in sub-section (/) of section 19 or the Central Information Commission or the State Information Commission, as
the case may be;
(b) who hits been refused access to any information requested under this Act;
14
Right to Information Act, 2005
(Chapter V —Powers and )(unctions of the Information Commissions, appeal and penalties.)
(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
W 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
W any other matter which may be prescribed.
(9) 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.—(/) Any person who, does not receive a decision within the time specified in sub-section (/) 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 (/) shall lie vvithin 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.
15
Right to Information Act, 2005
(Chapter V.—Powers and functions of the Information Commissions, appeal and penalties.)
(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 (/) 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 (/) 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.
(/0) 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.—(/) 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 (/) of section
7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading
inthrmation or destroyed intbrmation which was the subject of the request or,obstructed in any manner in fumishing
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:
16
Right to Information Act, 2005
(Chapter V.—Powers and fiinctions of the Information Commissions, appeal and penalties.
Chapter VI—Miscellaneous.)
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 (/) 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 fumishing
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.
CHAPI'ER 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 judisdiction 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 organizations.—(/) 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 fumished 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:
17
Right to Information Act, 2005
(Chapter VI —Miscellaneous )
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.—(/) 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;
W 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 (/) 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.—(/) 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;
th) encourage public 'authorities to participate in the deN elopment and organisation of programmes referred to
in clause to) and to undertake such programmes themselves;
18
Right to Information Act, 2005
(Chapter VI—Miscellaneous.)
(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 inthrmation, 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 sh(II, 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 (/) 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:
V) 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 Govemment.—(/) 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 section 4; (4) of
(b) the the payable under sub-section (/) of section 6;
(c) the fee payable under sub-sections (/) and (5) of section 7;
(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;
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Right to Information Act, 2005
(Chapter VI—Miscellaneous.)
(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 ( /0) of section 19; and
(f) any other matter which is required to be, or may be, prescribed.
28. Power to make rules by competent autbmity.—(/) 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 (/) of section 6;
(iii) the fee payable under sub-section (/) of section 7; and
(iv) any other matter which is required to be, or may be, prescribed.
29. Laying of rules.—(/) 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
armulment 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.-0) If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order published in the Official Gazette, malce 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.
e
20
Right to Information Act, 2005
(The First Schedule.)
THE FIRST SCHEDULE
[See sections 13 (3) and 16(3)]
FORM OF OATH OR AFFIRMATION TO BE MADE BY THE CHIEF INFORMATION COMMISSIONER/FHE INFORMATION
COMMISSIONER/THE STATE CHIEF INFORMATION COMMISSIONER/THE STATE 1NFOFtMATION COMMISSIONER
"1, , 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
solemnly affirm
allegiance to the 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 and that I will uphold the Constitution and the laws.".
21
. Right to Information Act, 2005
(The Second Schedule.)
THE SECOND SCHEDULE
(See section 24)
INTELLIGENCE AND SECURITY ORGANISATION ESTABLISHED BY THE CENTRAL GOVERNMENT
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Prontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
I I. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13.National Security Guards.
14. Assam Rifles.
1[15. Sashtra Seema Bal.]
16. Special Branch (CID), Andaman and Nicobar.
17.The Crime Branch-C.1.D.-C13. Dadra and Nagar Haveli.
18.Special Branch. Lakshadweep Police.
2[19. Special Protection Group.
20. Defence Research and Development Board.
21. Border Road Development Board.
22. Financial Intelligence Unit, India.]