| 1 |
(1) |
|
This
Act may be called the Right to Information Act, 2005. |
| |
(2) |
|
It
extends to the whole of India except the State of
Jammu and Kashmir. |
| |
(3) |
|
The
provisions of sub-section (1) of section
4, sub-sections (1) and (2) of section
5, sections 12, 13, 15,16, 24 , 27 and 28 shall come
into force at once, and the remaining provisions of
this Act shall come into force on the one hundred
and twentieth day of its enactment. |
| 2 |
|
|
In
this Act, unless the context otherwise requires,— |
| |
(a) |
|
"appropriate
Government" means in relation to a public authority
which is established, constituted, owned, controlled
or substantially financed by funds provided directly
or indirectly— |
| |
|
(i) |
by
the Central Government or the Union territory administration,
the Central Government; |
| |
|
(ii) |
by
the State Government, the State Government; |
| |
(b) |
|
"Central
Information Commission" means the Central Information
Commission constituted under sub-section (1)
of section 12; |
| |
(c) |
|
"Central
Public Information Officer" means the Central Public
Information Officer designated under sub-section (1)
and includes a Central Assistant Public Information
Officer designated as such under sub-section (2)
of section 5; |
| |
(d) |
|
"Chief
Information Commissioner" and "Information Commissioner"
mean the Chief Information Commissioner and Information
Commissioner appointed under sub-section (3)
of section 12; |
| |
(e) |
|
"competent
authority" means— |
| |
|
(i) |
the
Speaker in the case of the House of the People or
the Legislative Assembly of a State or a Union territory
having such Assembly and the Chairman in the case
of the Council of States or Legislative Council of
a State; |
| |
|
(ii) |
the
Chief Justice of India in the case of the Supreme
Court; |
| |
|
(iii) |
the
Chief Justice of the High Court in the case of a High
Court; |
| |
|
(iv) |
the
President or the Governor, as the case may be, in
the case of other authorities established or constituted
by or under the Constitution; |
| |
|
(v) |
the
administrator appointed under article 239 of the Constitution; |
| |
(f) |
|
"information"
means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press
releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held
in any electronic form and information relating to
any private body which can be accessed by a public
authority under any other law for the time being in
force; |
| |
(g) |
|
"prescribed"
means prescribed by rules made under this Act by the
appropriate Government or the competent authority,
as the case may be; |
| |
(h) |
|
"public
authority" means any authority or body or institution
of self- government established or constituted— |
| |
|
(a) |
by
or under the Constitution; |
| |
|
(b) |
by
any other law made by Parliament; |
| |
|
(c) |
by
any other law made by State Legislature; |
| |
|
(d) |
by
notification issued or order made by the appropriate
Government, and includes any— |
| |
|
|
(i) |
body
owned, controlled or substantially financed; |
| |
|
|
(ii) |
non-Government
organization substantially financed, directly or indirectly
by funds provided by the appropriate Government; |
| |
(i) |
|
"record"
includes— |
| |
|
(a) |
any
document, manuscript and file; |
| |
|
(b) |
any
microfilm, microfiche and facsimile copy of a document; |
| |
|
(c) |
any
reproduction of image or images embodied in such microfilm
(whether enlarged or not); and |
| |
|
(d) |
any
other material produced by a computer or any other
device; |
| |
(j) |
|
"right
to information" means the right to information accessible
under this Act which is held by or under the control
of any public authority and includes the right to— |
| |
|
(i) |
inspection
of work, documents, records; |
| |
|
(ii) |
taking
notes, extracts or certified copies of documents or
records; |
| |
|
(iii) |
taking
certified samples of material; |
| |
|
(iv) |
obtaining
information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or
through printouts where such information is stored
in a computer or in any other device; |
| |
(k) |
|
"State
Information Commission" means the State Information
Commission constituted under sub-section (1)
of section 15; |
| |
(l) |
|
"State
Chief Information Commissioner" and "State Information
Commissioner" mean the State Chief Information Commissioner
and the State Information Commissioner appointed under
sub-section (3) of section 15; |
| |
(m) |
|
"State
Public Information Officer" means the State Public
Information Officer designated under sub-section (1)
and includes a State Assistant Public Information
Officer designated as such under sub-section (2)
of section 5; |
| |
(n) |
|
"third
party" means a person other than the citizen making
a request for information and includes a public authority. |