THE FREEDOM OF INFORMATION ACT, 2002
ACT NO. 5 OF 2003
[6th January, 2003.]
An Act to provide for freedom to every citizen to secure access to
information under the control of public authorities, consistent with
public interest, in order to promote openness, transparency and
accountability in administration and in relation to ma ters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-third Year of the Republic of
India as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.-(1) This Act may be called
the Freedom of Information Act, 2002.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2.
Definitions.
2. Definitions.-In this Act, unless the context otherwise requires,-
(a) "appropriate Government" means in relation to a public authority
established, constituted, owned, substantially financed by funds
provided directly or indirectly or controlled-
(i) by the Central Government, the Central Government;
(ii) by the State Government, the State Government;
(iii) by the Union territory, the Central Government;
(b) "competent authority" means-
(i) the Speaker in the case of the House of the People or the
Legislative Assembly and the Chairman in the case of the Council of
States or the Legislative Council;
(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 created by or under the Constitution;
(v) the administrator appointed under article 239 of the Constitution;
(c) "freedom of information" means the right to obtain information
from any public authority by means of,-
(i) inspection, taking of extracts and notes;
(ii) certified copies of any records of such public authority;
(iii) diskettes, floppies or in any other electronic mode or through
print-outs where such information is stored in a computer or in any
other device;
(d) "information" means any material in any form relating to the
administration, operations or decisions of a public authority;
(e) "prescribed" means prescribed by rules made under this Act by the
appropriate Government or the competent authority, as the case may be;
(f) "public authority" means any authority or body established or
constituted,-
(i) by or under the Constitution;
(ii) by any law made by the appropriate Government,
and includes any other body owned, controlled or substantially
financed by funds provided directly or indirectly by the appropriate
Government;
(g) "Public Information Officer" means the Public Information Officer
appointed under sub-section (1) of section 5;
(h) "record" includes-
(i) any document, manuscript and file;
(ii) any microfilm, microfiche and facsimile copy of a document;
(iii) any reproduction of image or images embodied in such microfilm
(whether enlarged or not); and
(iv) any other material produced by a computer or by any other device;
(i) "third party" means a person other than the person making a
request for information and includes a public authority.
CHAP
FREEDOM OF INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
CHAPTER II
FREEDOM OF INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
3.
Freedom of information.
3. Freedom of information.-Subject to the provisions of this Act, all
citizens shall have freedom of information.
4.
Obligations on public authorities.
4. Obligations on public authorities.-Every public authority shall-
(a) maintain all its records, in such manner and form as is consistent
with its operational requirements duly catalogued and indexed;
(b) publish at such intervals as may be prescribed by the appropriate
Government or competent authority,-
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees and the
procedure followed by them in the decision making process;
(iii) the norms set by the public authority for the discharge of its
functions;
(iv) rules, regulations, instructions, manuals and other categories of
records under its control used by its employees for discharging its
functions;
(v) the details of facilities available to citizens for obtaining
information; and
(vi) the name, designation and other particulars of the Public
Information Officer;
(c) publish all relevant facts concerning important decisions and
policies that affect the public while announcing such decisions and
policies;
(d) give reasons for its decisions, whether administrative or
quasi-judicial to those affected by such decisions;
(e) before initiating any project, publish or communicate to the
public generally or to the persons affected or likely to be affected
by the project in particular, the facts available to it or to which it
has reasonable access which in its opinion should be known to them in
the best interests of natural justice and promotion of democratic
principles.
5.
Appointment of Public Information Officers.
5. Appointment of Public Information Officers.-(1) Every public
authority shall for the purposes of this Act, appoint one or more
officers as Public Information Officers.
(2) Every Public Information Officer shall deal with requests for
information and shall render reasonable assistance to any person
seeking such information.
(3) The Public Information Officer may seek the assistance of any
other officer as he considers necessary for the proper discharge of
his duties.
(4) Any officer whose assistance has been sought under sub-section
(3), shall render all assistance to the Public Information Officer
seeking his assistance.
6.
Request for obtaining information.
6. Request for obtaining information.-A person desirous of obtaining
information shall make a request in writing or through electronic
means, to the concerned Public Information Officer specifying the
particulars of the information sought by him:
Provided that where such request cannot be made in writing, the Public
Information Officer shall render all reasonable assistance to the
person making the request orally to reduce it in writing.
7.
Disposal of requests.
7. Disposal of requests.-(1) On receipt of a request under section 6,
the Public Information Officer shall, as expeditiously as possible,
and in any case within thirty days of the receipt of the request,
either provide the information requested on payme t 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 and
liberty of a person, the same should be provided within forty-eight
hours of the receipt of the request:
Provided further that where it is decided to provide the information
on payment of any further fee representing the cost of providing the
information, he shall send an intimation to the person making the
request, giving the details of the fees determin d by him, requesting
him to deposit the fees and the period intervening between the
despatch of the said intimation and payment of fees shall be excluded
for the purpose of calculating the period of thirty days referred to
above.
(2) Before taking any decision under sub-section (1), the Public
Information Officer shall take into consideration the representation
made by a third party under section 11.
(3) Where a request is rejected under sub-section (2), the Public
Information Officer shall communicate to the person making request,-
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejections may be
preferred;
(iii) the particulars of the appellate authority.
(4) 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.
8. Exemption from disclosure of information.-(1) Notwithstanding
anything hereinbefore contained, the following information not being
information relating to any matter referred to in sub-section (2),
shall be exempted from disclosure, namely:-
(a) information, the disclosure of which would prejudicially affect
the sovereignty and integrity of India, security of the State,
strategic scientific or economic interest of India or conduct of
international relations;
(b) information, the disclosure of which would prejudicially affect
public safety and order, detection and investigation of an offence or
which may lead to an incitement to commit an offence or prejudicially
affect fair trial or adjudication of a pend ng case;
(c) information, the disclosure of which would prejudicially affect
the conduct of Centre-State relations, including information exchanged
in confidence between the Central and State Governments or any of
their authorities or agencies;
(d) Cabinet papers including records of deliberations of the Council
of Ministers, Secretaries and other officers;
(e) minutes or records of advice including legal advice, opinions or
recommendations made by any officer of a public authority during the
decision making process prior to the executive decision or policy
formulation;
(f) trade or commercial secrets protected by law or information, the
disclosure of which would prejudicially affect the legitimate economic
and commercial interests or the competitive position of a public
authority; or would cause unfair gain or loss to ny person; and
(g) information, the disclosure of which may result in the breach of
privileges of Parliament or the Legislature of a State, or
contravention of a lawful order of a court.
(2) Subject to the provisions of clause (a) of sub-section (1), any
information relating to any occurrence, event or matter which has
taken place occurred or happened twenty-five years before the date on
which any request is made under section 6 shall be provided to any
person making a request under that section:
Provided that where any question arises as to the date from which the
said period of twenty-five years has to be computed, the decision of
the Central Government shall be final.
9.
Grounds for refusal to access in certain cases.
9. Grounds for refusal to access in certain cases.-Without prejudice
to the provisions of section 8, a Public Information Officer may
reject a request for information also where such request-
(a) is too general in nature or is of such a nature that, having
regard to the volume of information required to be retrieved or
processed would involve unreasonable diversion of the resources of a
public authority or would adversely interfere with the f nctioning of
such authority:
Provided that where such request is rejected on the ground that the
request is too general, it would be the duty of the Public Information
Officer to render help as far as possible to the person making request
to reframe his request in such a manner as ay facilitate compliance
with it;
(b) relates to information that is required by law, rules, regulations
or orders to be published at a particular time and such information is
likely to be so published within thirty days of the receipt of such
request;
(c) relates to information that is contained in published material
available to public; or
(d) relates to information which would cause unwarranted invasion of
the privacy of any person.
10.
Severability.
10. Severability.-(1) If a request for access to information is
rejected on the ground that it is in relation to information which is
exempted from disclosure, then notwithstanding anything contained in
this Act, access may be given to that part of the ecord which does not
obtain any information that is exempted from disclosure under this Act
and which can reasonably be severed from any part that contains
exempted information.
(2) Where access is granted to a part of the record in accordance with
sub-section (1), the person making the request shall be informed,-
(a) that only part of the record requested, after severance of the
record containing information which is exempted from disclosure, is
being furnished; and
(b) of the provisions of the Act under which the severed part is
exempted from disclosure.
11.
Third party information.
11. Third party information.-(1) Where a public authority 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 th t third party, the Public
Information Officer shall, within twenty-five days from the receipt of
a request, give written notice to such third party of the request and
of the fact that the public authority intends to disclose the
information or record, or part thereof:
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 given by the Public Information Officer under
sub-section (1) to a third party in respect of any information or
record or part thereof, the third party shall, within twenty days from
the date of issuance of notice, be given the oppo tunity to make
representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Public
Information Officer shall, within sixty days after receipt of the
request under section 6, if the third party has been given an
opportunity to make representation under sub-section (2), make a
decision as to whether or not to disclose the information or record or
part thereof and give in writing the notice of his decision to the
third party.
(4) A notice given under sub-section (3) shall include a statement
that the third party to whom the notice is given is entitled to prefer
an appeal against the decision under section 12.
12.
Appeals.
12. Appeals.-(1) Any person aggrieved by a decision of the Public
Information Officer may, within thirty days of receipt of such
decision, prefer an appeal to such authority as may be prescribed:
Provided that such authority may entertain the appeal after the expiry
of the said period of thirty days if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
time.
(2) A second appeal against the decision under sub-section (1) shall
lie within thirty days of such decision, to the Central Government or
the State Government or the competent authority, as the case may be:
Provided that the Central Government or the State Government or the
competent authority, as the case may be, may entertain the appeal
after the expiry of the said period of thirty days if it is satisfied
that the appellant was prevented by sufficient cau e from filing the
appeal in time.
(3) The appeals referred to in sub-sections (1) and (2) shall be
disposed of within thirty days of the receipt of such appeals or
within such extended period, as the case may be, for reasons to be
recorded in writing.
(4) If the decision of the Public Information Officer against which
the appeal is preferred under sub-section (1) or sub-section (2) also
relates to information of third party, the appellate authority shall
give a reasonable opportunity of being heard t that party.
CHAP
MISCELLANEOUS
CHAPTER III
MISCELLANEOUS
13.
Protection of action taken in good faith.
13. 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.
14.
Act to have overriding effect.
14. 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 aving effect by virtue of
any law other than this Act.
15.
Bar of jurisdiction of courts.
15. Bar of jurisdiction of courts.-No court shall entertain any suit,
application or other proceeding in respect of any order made under
this Act and no such order shall be called in question otherwise than
by way of an appeal under this Act.
16.
Act not to apply to certain organizations.
16. Act not to apply to certain organizations.-(1) Nothing contained
in this Act shall apply to the intelligence and security
organisations, specified in the Schedule, being organisations
established by the Central Government or any information furnished by
such organisations to that Government.
(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 there n 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 organisations which may be specified, by a notification in
the Official Gazette, by a State Government from time to time.
(5) Every notification issued under sub-section (4) shall be laid
before the State Legislature.
17.
Power to make rules by Central Government.
17. Power to make rules by Central Government.-(1) The Central
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) intervals at which matters referred to in sub-clauses (i) to (vi)
of clause (b) of section 4 shall be published;
(b) the fee payable under sub-section (1) of section 7;
(c) the authority before whom an appeal may be preferred under
sub-section (1) of section 12;
(d) any other matter which is required to be, or may be, prescribed.
18.
Power to make rules by State Government.
18. Power to make rules by State Government.-(1) The State 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 fee payable under sub-section (1) of section 7;
(b) the authority before whom an appeal may be preferred under
sub-section (1) of section 12;
(c) any other matter which is required to be, or may be, prescribed:
Provided that initially the rules shall be made by the Central
Government by notification in the Official Gazette.
19.
Rule making power by competent authority.
19. Rule making power by competent authority.-(1) The competent
authority may, by notification in the Official Gazette, make rules to
carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the fee payable under sub-section (1) of section 7;
(b) the authority before whom an appeal may be preferred under
sub-section (1) of section 12;
(c) any other matter which is required to be, or may be, prescribed.
20.
Laying of rules.
20. Laying of rules.-(1) Every rule made by the Central Government
under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one ession 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 sho ld not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under tha 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.
21.
Power to remove difficulties.
21. Power to remove difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make such provisions
necessary or expedient for removal of the difficulty: not
inconsistent with the provisions of this Act s appear to it to be
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.
SCHE
INTELLIGENCE AND SECURITY ORGANISATIONS ESTABLISHED BY THE CENTRALGOVERNMENT
