Case No Subject

1 CP No.285/2008/SIC ]e ^b-ep-I-fn \n¶pw hnh-c-§Ä tiJ-cn¨v dnt¸mÀ«v cp]-¯n adp-]Sn \ÂIptI−XnÃ

2 CP No.452/2007/SIC B-h-i-ys¸« hnhc§Ä kw_-Ôn¨ \S-]-Sn-IÄ ]qÀ¯nbm¡n hnh-c-§Ä tiJ-cn¨v \ÂtI−XnÃ. e`yamb hnhc§Ä \ÂInbm aXn

3 AP.293/2007/SIC . ]cmXnIÄ ]cnlcn¡pI, hniZoIcWw \ÂIpI F¶nh hnhcmhImi \nba¯nsâ ]cn[nbn hcp¶ Imcy§Ä AÃ

4 AP.293/2007/SIC At]£bpsS `mKw hnhcmhImi \nbaw 6(3) hIp v̧ {]Imcw hntÃPv Hm^okÀ¡v ssIamäw sN¿pIbmbncp¶p H¶mw FXrI£n sNt¿-n bncp¶Xv.

5 2289/SIC-Gen 2/2007) hntÃPv Hm^okn e`yamb am¸nsâ ]IÀ v̧ lÀPn¡mc\v \ÂIn Ignªp F¶v I½nj³ hnebncp¯n. FXrI£nbpsS ]¡Â e`yaÃm¯ Hcp am¸v lÀPn¡mc\v \ÂIphm³ FXrI£n¡v \nÀt±iw \ÂIphm³ I½nj\v km[n¡pIbnÃ.

6 AP. 04/2008/SIC hnhcmhImi \nbaw 6(3) hIp¸v {]Imcw Hcp At]£ ssIamäw sNbvXp e`n¨p Ignªm At]£ XoÀ¸m¡pIsb ¶ÃmsX At]£ Ab¨p X¶ ]_vfnIv C³^Àtaj³ Hm^okÀ¡v dnt¸mÀ«v kaÀ¸n¡phm³ _m²yXbnà aq¶mw FXrI£ns¡Xnsc kÀÆokv N«{]ImcapÅ in£m \S]SnIÄ kzoIcn¡m³ aq¶mw FXrI£nbpsS \nba\A[nImcnbmb s]mXpacma¯v hIp¸v sk{I«dn¡v hnhcmhImi \nbaw 20(2) hIp¸v {]Imcw I½nj³ ip]mÀi \ÂIp¶p.

7 AP.No.15/2007/SIC

There is no scope for change of requirement and thrusting in additional information in the appeal and that is outside the scope of the appeal. An appeal is only a continuation of the original proceedings and not the beginning of a new one.

8 AP.24/2008/SIC ]e ^bepIfnepÅ hnhc§Ä t{ImUoIcn¨v Hcp dnt¸mÀ«v \ÂIp¶Xnt\m hniZoIcW§fpw hymJym\§fpw \ÂIp¶Xnt\m hnhcmhImi \nba¯n hyhØbnÃ. tNmZycq]¯n kaÀ¸n¡p¶ At]£¡v, tNmZy¯n\v t\cn«v D¯cambn Hcp "hnhcw' e`yamsW¦n Ah \ÂIphm\pÅ _m²yX ]_vfnIv C³^Àtaj³ Hm^okÀamÀ¡v D−v. AÃm¯]£w, hnhc§Ä tiJcn¡phm³ At]£Is\ 9klmbn¡phm\pÅ _m²yXbpw ]_vfnIv C³^Àtaj³ Hm^okÀ¡p−v. C¯cw Ahkc§fn ]cmXn¡mc³ Bhiys¸Sp¶ hnhc§Ä DÄs¸Sp¶ ^bepIfpw tcJIfpw {]amW§fpw ImWphm\pw Ipdns¸Sp¡phm\pw BhiyapÅ tcJIfpsS ]IÀ v̧ FSp¡phm\pw Ahkcw \ÂIpIbmWv ]_vfnIv C³^Àtaj³ Hm^okÀ sNt¿−Xv.

9 AP.No.15/2007/SIC

property statement of employee of a Public Office is not a personal information of the employee. Employees of a Public Authority are public servants and the property statements of a public servant cannot be deemed as a personal information so long as the employee is in the service of the Public Authority.

10 2386/SIC/2006

22/11/2006

asämcp "]»nIv AtXmdn«n' Bb klIcW _m¦ns\ kw_Ôn¨ hnhc§Ä Bhiys¸«m B At]£ klIcW_m¦n\v ssIamdpIbÃmsX, hnhc§Ä \ÂIm³ \nÀt±in¨psIm−v D¯chp ]pds¸Sphn¡m³ klIcWkwLw cPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ¡v \nÀÆmlanÃ.

11 AP.No.92A/2007/SIC.

an application addressed to the head of office

shall be deemed to be an application

addressed to the Public Information Officer

under section 6(1) of the Act.

12 AP.No.94/2007/SIC

Section 7 sub-section (9) of the RTI Act. It is a provision that provides information in the form in which it is sought unless it would disproportionately divert the resources of the public authority

13 AP.No.132/2007/SIC

citizen is not expected to understand the official hierarchy of Assistant Public Information Officers, PIOs and Appellate Authorities. It is for the departmental officers to guide them

14 No.10241/SIC-Gen

1/2007)

an\n«vknsâ ]IÀ ¸pIÄ \ÂtI−XmWv

15 Appeal No. 135/2007/SIC

destroyed and that they are irretrievable records

16 AP.137 2007/SIC tabdpsS A[nImc§fpw NpaXeIfpw 1999 se tIcf ap³kn¸Â BIvSn {]Xn]mZn¨n«ps−¶v lÀPn¡mcs\ Adnbn¨p.

17 No.10383/SIC-Gen

1/2007

Hcp ]_vfnIv AtXmdnän, atäsX¦nepw \nba{]Imcw \S]Sn FSp¡phm³ \nÀt±iw \ÂIphm³ hnhcmhImi \nba¯n hyhØbnÃ.

18 AP. 142/2008/SIC H¶mw A¸o lÀPnbn Xocpam\w FSpt¡− XobXn¡v ap¼v c−mw A¸o lÀPn kaÀ¸n¨ncn¡p¶p F¶Xnsâ ASnØm\¯n Cu lÀPn \nckn¨psIm−v I½nj³ D¯chmIp¶p.

19 AP.No.156/2006/SIC

a third party information could be disclosed in public interest and, in the interest of the public at large in its importance.

20 AP.No.157/2007/SIC

The Appellate Authority and the PIO could not be taken to task for non-availability of the document because of its antiquity.

21 AP.No.159/2007/SIC The RTI Act provides the right to have the right, correct and genuine inform ation. With-holding of information, however, serious it is and whatever mis-

carriage of justice has been done could be corrected only by other corrective measures and Forums and not by the SIC

22 No.1586/SIC-Gen

1/2007)

\nehnepÅ GsX¦nepw tIkpambn _Ôs¸« Hcp hnhcw F¶ ImcW¯m Hcp hnhcw \nckn¡phm³ hnhcmhImi \nba {]Imcw km[yaÃm. hfns¸Sp¯nbm tImSXn Ae£yamIp¶tXm, shfns¸Sp¯p ¶Xv GsX¦nepw tImSXn {]Xy£ambn hne¡nbn«pÅtXm Bb hnhc§Ä am{Xsa, tIkpambn _Ôs¸« hnhc§Ä F¶ \nebn \nckn¡phm³ km[n¡pIbpÅp.

23 CP.632(2)/2008/SIC hnhcw \ÂIp¶Xn\pff sNehv tImÀ«v ^o

Ìm¼mbn kzoIcn¡phm³ kwØm\ kÀ¡mÀ ]pds¸Sphn¨n«pff N«§fn hyhØbnÃm¯XmWv kn.. hn. hnt\mZv ]n.sF.H., a®v]cythjW AknÌâv UbdIvSdpsS Imcymebw Be¸pg

24 AP No. 306/2007/SIC

\ÂIs¸« tcJIÄ hymPamsW¦n AtX Ipdn¨v \S]Sn FSpt¡-−Xv aäp thZnIfnemsW¶pw hnhcmh Imi I½nj³ Hcp XÀ¡ ]cnlmcthZnbsöpw I½nj³ Nq-n¡m«n. Bhiys¸« hnhc§Ä FXrI£nsb kw_Ôn¨nSt¯mfw \ÂIs¸«n«p ÅXn\mÂ, XpSÀ \S]SnIÄ¡v bmsXmcp km²yXbpanÃ.

25 AP.No.239/2007/SIC

The mandate of the RTI Act is to provide information. Information correct to the core and it is for the appellant to establish that what he had received was incorrect and incomplete.

26 AP.No.94/2007/SIC

the details such as the name and address of the persons against whom warrants are pending could be Disseminated (8 (1)(h) not applicable0

27 AP No. 169/2007/SIC aäv aq¶v PnÃm hnZ-ym-`-ymk Hm^o-kp-I-fn \n¶v hnh-c-§Ä t\cn«v tiJ-cn-¡p-¶-

Xn\v ]Icw At]-£-bnse _Ô-s¸« `mK-§Ä {]kvXpX Hm^o-knse ]»nIv C³^À

ta-j³ Hm^okÀamÀ¡v Ab- ¨p-sIm-Sp-¡p-Ibpw A¡m-cyw At]-£-Is\ Adn-bn- ¡p-I-bp-amWv sNt¿--n-bn-cp-¶-Xv

28 AP.No.463/2007/SIC

a{´namcpsS Sn. F. hnhc§Ä

29 AP.No.248/2007/SIC

hnhc§Ä¡pff ^okv F§s\ ASbv¡ Wsa¶v Bhiys¸Sm\pff AhImiw ]n.sF.H. bv¡p−v. A{]Imcw AS¨n sæn ^okS¨Xmbn IW¡m¡nÃ. 6(3) At]£Isâ AhImiambn s«Sp¡cpXv.

30 CP. No. 442(4)/2007/SIC

The delay could not be attributed to a particular officer because there was no formal designation of a Public Information Officer and the office staff had not brought such a file to the officer who was holding the Additional Charge nor to the officer who assumed regular office after 19.5.2007.

31 File No.2289/SIC-Gen

2/2007

hntÃPv Hm^okn e`yamb am¸nsâ ]IÀ v̧ lÀPn¡mc\v \ÂIn Ignªp F¶v I½nj³ hnebncp¯n. FXrI£nbpsS ]¡Â e`yaÃm¯ Hcp am¸v lÀPn¡mc\v \ÂIphm³ FXrI£n¡v \nÀt±iw \ÂIphm³ I½nj\v km[n¡pIbnÃ.

32 AP. 04/2008/SIC HnhcmhImi \nbaw 6(3) hIp v̧ {]Imcw Hcp At]£ ssIamäw sNbvXp e`n¨p Ignªm At]£ oÀ¸m¡pIsb¶ÃmsX At]£ Ab¨p X¶ ]_vfnIv C³^Àta j³ Hm^okÀ¡v dnt¸mÀ«v kaÀ¸n¡phm³ _m²yXbnsöv I½nj³ \nco£n¨p.

\w]À. 4149/Fkv.-sF.-knþPn1/2007

Hcp I½n-j³ FSp-¡p¶ Xocp-am-\-§Ä aäv I½n-j-\p-IÄ¡v amÀ¤ZÀinbmImw F¶Xnep-]cn _m[-I-am-¡p-hm³ km[n-¡p-I-bn-söv I½n-j³ \nco-£n-¨p.

CP.796/2007/SIC

. ]pd¯p\n¶pÅ hnhc§Ä tiJcn¨v ssIamdp¶Xn\v hnhcmhImi \nba¯n hyhØbnÃ

AP.No.15/2007/SIC

There is no scope for change of requirement and thrusting in additional information in the appeal and that is outside the scope of the appeal. An appeal

is only a continuation of the original proceedings and not the beginning of a new one.

A.P. No. 57/2008/SIC the information would be available in a number of registers, as kept in the office, and, therefore, extracting information, if ordered by the State Information Commission, would take considerable time and effort.

AP.61/2007/SIC

Htcm At]£bnt·epw {]tXyIw A¸o lÀPn kaÀ¸n¨m am{Xta I½nj\v At]£bpw lÀPnbpw ]cntim[n¡phm\pw Xocp am\w FSp¡phm\pw km[n¡pIbpÅp.

AP.No.56/2007/SIC

This Act cannot be used as an instrument to take vengeance against anyone or initiate criminal proceedings against the counter-petitioners.

AP No. 68/2006/SIC

tcJ-I-fpsS ^okmbn AS-bv¡m³ \nÀt±-in-¡-s¸« 16 cq] lÀPn-¡m-csâ kplr-̄ mb tkmf-a³ F¶bmÄ AS-̈ p-sh¶pw AXn-\m tcJ-IÄ AbmÄ¡mWv ssIam-dn-b-sX¶pw dnt¸mÀ«n ]d-bp-¶p. CXp icn-bmb Hcp \S-]-Sn-b-Ã.

AP.No.74/2006/SIC

The Government has not the privilege to non disclosere of the contents of the file notings

AP.78/2006/SIC. Property statement should be given

AP.No.102/2007/SIC

the word information under the RTI Act includes opinions, advices, press releases, circulars etc. But these are specific pieces of information held and available by the Public Authority and not information that is to be deducted or inferred or worked out by the PIO. The concept is to seek a definite information as readily available with the public authority.

AP.No.104/2007/SIC

there was continuous correspondence between the PIO, Industries Department and the requestor about the development of the enquiry and, the final reply was furnished on 2.5.2007. This practice is not contemplated under the Act. Information as available at the point of time of the request alone need to have been given.

AP.No.600(4)/2008/SIC

if a departmental statute prescribes certain fee for providing information like the copy of the document from the Sub Registrar Office or copy of the BTR register etc., that departmental fee will have to be remitted by the appellant. (BPL also)

A.P. No. 606(5)/2007/SIC . The request made by the Secretary of an association without mentioning his name cannot be

considered as an application made by a citizen

CP No.285/2008/SIC -- sI.-F-kv. kPohv, If-̄ n hoSv, ]qb¸nÅn, 7/382 A (]pXnb \w]À 14/358), hS-t¡-¡-c. ]n.-H., ]cm-Xn-¡m-c³ Fd-Wm-Ipfw PnÃ. 1. amt\-PnwKv Ub-d-IvSÀ, tIcf hm«À AtXm-dn-än, Xncp-h-\-́ -]p-cw. FXr-I£nIÄ 2. Akn-Ìâv F©n-\o-bÀ, tIcf hm«À AtXm-dn-än, ]n.-F-̈ v. sk£³ \w]À þ 2, hS-t¡-¡-c.-]n.-H.,

D¯D¯D¯D¯----chvchvchvchv

]cmXn¡mc\mb sI.-F-kv. kPohv 30.11.07-, 10.1.08 Xob-Xn-I-fn c−mw FXr-I£n ap³]msI kaÀ¸n¨ At]-£-Ifn Bh-i-y-s¸« hnh-c-§Ä e`n-̈ n-söv ]cm-Xn-s¸-«p-sIm-−mWv I½n-j³ ap³]msI Cu ]cmXn kaÀ¸n-̈ n-cn-¡p-¶-Xv. 2. ]cmXn-bn I½n-j³ t\m«okv \ÂIn-b-X-\p-k-cn¨v c−mw FXr-I£n 10.3.08- Xob-Xn-h¨v I½n-j³ ap³]msI dnt¸mÀ«v kaÀ¸n-̈ n-«p-−v. ]cm-Xn-¡m-csâ At]-£¡v adp-]Sn \ÂIn-b-Xmbn c−mw FXr-I£n-bpsS dnt¸mÀ«n ]d-bp-¶p. At]£ Ah-y-à-am-bn-cp-¶Xv ImcWhpw hS-t¡-¡cþNn-äm-äp-Ic {]tZ-i-§-fnse tPmen Xnc¡pw sIm−mWv At]£¡v adp-]Sn \ÂIp-hm³ Xma-kn-̈ -sX¶v c−mw FXr-I-£n-bpsS dnt¸mÀ«n ]d-bp-¶p. hm-«À AtXm-dnänbpsS sk£³ Hm^o-kp-I-fn ]_vfnIv C³^Àta-j³ Hm^o-kÀamsc Øm\\nÀt±iw sNbvXn-«nà F¶pw c−mw FXr-I-£n-bpsS dnt¸mÀ«n ]d-bp-¶p. 3. ]cm-Xnbpw c−mw FXrI£n I½n-j³ ap³]msI kaÀ¸n¨ dnt¸mÀ«pw A\p-_Ô tcJ-Ifpw hni-Z-ambn ]cn-tim-[n¨ I½n-j³ Xmsg ]dbpw {]Imcw \nco-£n-̈ p.-

(i) ]cm-Xn-¡m-c³ hnh-cm-h-Imi \nba{]Imcw kaÀ¸n¨ At]-£¡v adp-]Sn \ÂIp-¶-Xn\v Ime-Xm-akw D−m-bn-«p−v.

(ii) hnh-cm-h-Imi \nbaw 5(1) hIp v̧ {]Imcw Hcp ]_vfnIv AtXm-dnän-bpsS IognepÅ FÃm Hm^o-kp-I-fnepw ]_vfnIv C³^Àta-j³ Hm^o-kÀamsc Øm\ \nÀt±iw sNt¿-−-Xp-−v. tIcf hm«À AtXm-dn-än-bpsS Iogn-epÅ sk£³ Hm^o-kp-I-fn tÌäv ]_vfnIv C³^Àta-j³ Hm^o-kÀamsc Øm\\nÀt±iw sNbvXn-«n-söv I½n-j³ \nco-£n-̈ p. CXv hnh-cm-h-Imi \nbaw2005-, 5(1) hIp-̧ nsâ ewL-\-am-Wv.

(iii) Hcp ]_vfnIv AtXmdnänbpsS ssIhitam, \nb{´W¯ntem DÅ hnhc§Ä e`n¡pI F¶-XmWv hnhcmhImi \nbaw P\§Ä¡v \ÂIp¶ AhImiw. hniZoIcW§fpw hym-J-ym-\-§fpw \ÂIp-I, ]cm-Xn-IÄ ]cn-l-cn-¡p-I, ]e ^b-ep-I-fn \n¶pw hnh-c-§Ä tiJ-cn¨v dnt¸mÀ«v cp]-̄ n adp-]Sn \ÂIpI F¶nh hnh-cm-h-Imi \nb-a-̄ nsâ ]cn-[n-bn hcp¶ Imc-y-§f-Ã. hni-Zo-I-c-W-§fpw dnt¸mÀ«pIfpw tNmZn-¡p¶ Ah-k-c¯n _Ô-s¸« ^b-ep-IÄ ImWp-hm\pÅ Ahkcw \ÂIp-Ibpw Bh-i-yapÅ tcJ-I-fpsS ]IÀ v̧ \ÂIp-IbpamWv ]_vfnIv C³^Àta-j³ Hm^o-k-À sNt¿-−-Xv.

4. ta -̧dª \nco£W-§fpsS ASn-Øm-\-̄ n I½n-j³ Xmsg- ]-dbpw {]Imcw D -̄c-hm-Ip-¶p.

(i) ]cm-Xn-¡m-c³ hnh-cm-h-Imi \nba{]Imcw kaÀ¸n¨ At]-£-¡v CXn-\Iw adp-]Sn \ÂIn-bn-«pÅXn\m hnh-c-§Ä e`n-̈ nà F¶ ]cm-Xn-bn \S-]Sn Ah-km-\n-̧ n-¡p-¶p. e`n¨ adp-]-Sn-sb-Ip-dn¨v ]cm-Xn-bp-s−-¦n hnh-cm-h-Imi \nbaw 19(1) hIp v̧ {]Imcw H¶mw A¸o kaÀ¸n-t¡-−-Xm-Wv.

(ii) tIcf hm«À AtXm-dn-än-bpsS Iogn-epÅ sk£³ Hm^o-kp-I-fn tÌäv ]_vfnIv C³^Àta-j³ Hm^o-kÀamsc Øm\ \nÀt±iw sNbvXn-«nà F¶Xv ]cn-KWn¨pw c−mw FXr-I£n I½n-j³ ap³]msI kaÀ¸n¨ hni-Zo-I-cWw IW-¡n-se-Sp¯pw c−mw FXr-I-£n-s¡-Xnsc hnh-cm-h-Imi \nb-a-{]-Imcw in£m \S-]-Sn-IÄ kzo-I-cn-t¡-−-Xn-söv I½n-j³ \nco-£n-̈ p.

(iii) tIcf hm«À AtXm-dn-än-bpsS IognepÅ FÃm Hm^o-kp-I-fnepw tÌäv ]_vfnIv C³^Àta-j³ Hm^okÀamscbpw AknÌâv ]_vfnIv C³^Àta-j³ Hm^o-kÀamscbpw tÌäv ]_vfnIv C³^Àta-j³ Hm^okÀamcpsS Xocp-am-\-̄ ns\Xnsc H¶mw A¸o tIÄ¡p-¶Xn-\pÅ A¸o A[n-Im-cn-sbbpw Øm\ \nÀt±iw sNbvXp-sIm−v H¶mw FXr-I£n D -̄chv ]pd-s -̧Sp-hn-t¡-−-Xpw I½n-j³ sk{I-«dn¡v dnt¸mÀ«v \ÂtI-−-Xp-am-Wv. 2008 G{]n amkw 5þmw XobXn I½n-j³ Cu D -̄chv ]pd-s¸-Sp-hn-̈ n-cn-¡p-¶p.

CP No.452/2007/SIC sI. A\n IpamÀ, efnXm `h³, ]cm-Xn-¡m-c³ Iofn-tbm-Sv, s]cp-¼-gp-XqÀ. ]n.-H., s\¿m-än-³Ic þ 695 126. Xncp-h-\-́ -]pcw. B\n-b½ Ae-Ivkv, sU]-yq«n No^v F©n-\o-bÀ & tÌäv ]_vfnIv C³^Àta-j³ Hm^o-kÀ, FXr-I£n tIcf hm«À AtXm-dn-än, Xncp-h-\-́ -]p-cw.

D¯chv ]cmXn¡mc\mb sI. A\nÂIp-amÀ 31.5.07 Xob-Xn-h¨v kwØm\ hnh-cm-h-Imi

I½n-j³ ap³]msI kaÀ¸n¨ ]cmXn kn.-]n. 458/07/Fkv.-sF.kn. Bbn ^b-en kzo-Icn¨v XpSÀ\S-]-Sn-IÄ ssIsIm-−n-«p-Å-Xm-Wv. ]cm-Xn-¡m-c³ 13.3.2007 Xob-Xn-h¨v tIcf hm«À AtXm-dnän ]_vfnIv C³^Àta-j³ Hm^o-kÀ ap³]msI hnh-cm-h-Imi\nba{]Imcw kaÀ¸n¨ At]£ XoÀ¸m¡n adp-]Sn e`n-̈ n-söv ]cm-Xn-s¸-«p-sIm-−mWv I½n-j³ ap³]msI ]cmXn kaÀ¸n-̈ n-cn-¡p-¶-Xv. 2. ]cm-Xn-bn t\m«okv \ÂIn-b-X-\p-k-cn¨v FXr-I£n 17.9.07 Xob-Xn-h¨v I½nj³ ap³]msI dnt¸mÀ«v kaÀ¸n-̈ n-«p−v. hm«À AtXm-dn-än-bn Acp-hn-¡c k_v Unhn-j-\n Hm -̧td-ä-dmbn tPmen t\m¡p¶ _n. A\nÂIp-amÀ F¶ hy-àns¡Xnsc Hcp tImSXn hn[n-bpsS ASn-Øm-\-̄ n hm«À AtXm-dnän kzo-I-cn¨ \S-]-Sn-Isf Ipdn¨pÅ hnh-c-§-fmWv ]cm-Xn-¡m-c³ Bh-i-y-s -̧«-Xv. CsX-Ip-dn¨v hm«À AtXm-dn-än-bpsS hnPne³kv hn-̀ m-Khpw \nba hn`m-Khpw At\-zjWw \S¯n hcp-¶-tXbp−mbn-cp-¶pÅq. hni-Z-amb At\-zjW¯n-\p-t-ijw 20.6.07-þ\v ]cm-Xn-¡m-c\v hnhcw ssIam-dn-bn-«p-Å-X-msW¶v FXr-I£n I½n-j³ ap³]msI kaÀ¸n¨ dnt¸mÀ«n ]d-bp-¶p. 3. ]cm-Xn-¡m-csâ At]£ hnh-cm-h-Imi \nbaw \njvIÀjn-¡p¶ kab ]cn-[n-¡pÅn XoÀ¸m¡n adp-]Sn \ÂIm-Xn-cp-¶-Xn\v FXr-I-£n-s¡-Xnsc hnh-cm-h-Imi \nb-a-{]-Imcw ]ng- in£m \S-]-Sn-IÄ kzo-I-cn-¡m-Xn-cn-¡p-¶-Xn\v ImcWw t_m[n-̧ n-¡p-¶-Xn\v I½n-j³ t\m«okv \ÂIn. CX-\p-k-cn¨v FXr-I£n 24.4.2008-þ\v I½nj³ ap³]msI lmP-cmIpIbpw hm¡mepw tcJm-aq-ehpw hni-Zo-I-cWw \ÂIp-Ibpw sNbvXp. ]cm-Xn-¡mc³ B-h-i-ys¸« hnhc§Ä kw_-Ôn¨ \S-]-Sn-IÄ ]qÀ¯nbm¡n hnh-c-§Ä tiJ-cn¨v \ÂtI−nh¶-Xp-aq-e-amWv adp-]Sn \ÂIm³ Ime-Xm-akw D−m-b-sX¶v FXr-I£n I½nj³ ap³]msI t_m[n-̧ n-¡p-I-bp-−m-bn. At]£ ssIIm-cyw sNbvX Ime-b-f-hn tIcf hm«À AtXm-dnän slUv Hm^o-kn Hcp ]_vfnIv C³^Àta-j³ Hm^o-ksd am{Xta Øm\\nÀt±iw sNbvXn-cp-¶p-Åq-sh¶pw I½n-j³ \nÀZvtZin-̈ -X-\p-kcn¨v 30.7.07-þ\v hnhn[ hIp-̧ p-I-fn-embn 6 ]_vfnIv C³^Àta-j³ Hm^o-kÀamsc Øm\ \nÀt±iw sNbvXn-«p-s−¶pw At]-£-IÄ ^e-{]-Z-ambn ssIIm-cyw sN¿p-¶-Xn\v CXn-\p-tijw km[n-¡p-¶p-s−¶pw FXr-I£n I½n-j³ ap³]msI t_m[n-̧ n-¡p-I-bp-−m-bn. 4. ]cm-Xn-bpw FXr-I-£n-bpsS dnt¸mÀ«pw -FXr-I£n I½n-j³ ap³]msI lmPcmbn hm¡m-epw- tc-Jm-aq-ehpw \ÂInb hni-Zo-I-c-Whpw hni-Z-ambn ]cn-tim-[n¨I½nj³ Xmsg-]-d-bpw-{]-Imcw \nco-£n-̈ p.

(i) Hcp s]mXp Øm]\¯nsâ ssIhitam \nb{´W¯ntem DÅ hnhc§Ä e`n¡pI F¶-XmWv hnhcmhImi \nbaw P\-§Ä¡v \ÂInbn«pÅ Ah-Im-iw. ^b-ep-IÄ t\-cn«v ]cn-tim-[n-¡p-¶-Xn\pw, Ipdn v̧ FSp-¡p-¶Xn\pw, ]IÀ v̧ FSp-¡p-¶Xn\pw P\-§Ä¡v

Ah-Im-i-ap-−v. hni-Zo-I-cW§fpw hy-J-ym-\-§fpw \ÂIp-I, tNmZ-y-§Ä¡v D¯cw \ÂIpI XpS-§n-bh hnh-cmh-Imi \nb-a-̄ nsâ ]cn-[n-bn hcp¶XÃ. \nb-a-hn-cp-²-ambn XpS-cp-IbmtWm ?, N«-hn-cp-²-ambn B\pIqe-y§Ä \ÂIp¶pt−m ? XpS-§nb tNmZ-y-§Ä¡v D¯cw \ÂIp-hm³ hnh-cm-h-Imi \nb-a-̄ n hy-h-Ø-bn-Ã. F¶m ^b ]cn-tim-[n¨v Imc-y-§Ä a\-kn-em-¡p-hm³ P\-§Ä¡v Ah-Im-i-ap-−v.

(ii) At]£ kaÀ¸n-¡p¶ ka-b v̄ Øm]-\-̄ nsâ ssIh-i-tam \nb-{ -́W-¯ntem DÅ hnh-c-§Ä ssIam-dp-I-bmWv ]_vfnIv C³^Àta-j³ Hm^o-kÀ sNt¿-−-Xv. At]-£-bpsS ASn-Øm-\-̄ n \S-]-Sn-IÄ ssIsIm-−v \S-]Sn ]qÀ¯n-bm¡n adp-]Sn \ÂIp-¶-Xv hnh-cm-h-Imi \nb-a-̄ nsâ ]cn-[n-bn hcp-¶-Im-c-y-a-Ã. Chn-sS, ]cm-Xn-¡m-csâ At]-£-bpsS AS-nØm-\-̄ n \S-]-Sn-I-sf-Sp v̄, hnh-c-§Ä kz-cq-]n¨v ]cm-Xn-¡m-c\v \ÂIp-I-bm-bn-cp-¶p-. A-t]£ kaÀ¸n-̈ Znhkw tIcf hm«À AtXm-dn-än-bn e`-y-amb hnhcw \ÂIp-Ibm-bn-cp¶p FXr-I£n sNt¿-−n-bn-cp-¶-Xv.

(iii) hnh-cm-h-Imi \nb-a-{]-Imcw kaÀ¸n-¡p¶ At]£IÄ ^e-{]-Z-ambn ssIIm-cyw sN¿phm\pÅ kwhn-[m\w tIcf hm«À AtXm-dn-än-bn D−m-bncp-¶n-Ã. I½n-j³ \nÀt±-in¨X\p-k-cn¨v 30.7.07-þ\v hnh-cm-h-Imi \nb-a-{]-Imc-apÅ At]-£-IÄ ssIIm-cyw sN¿p-¶-Xn\v ^e-{]-Z-amb kwhn-[m\w hm«À AtXm-dn-än-bn D−m-bXmbn I½n-j³ \nco-£n¨p. 5. ta -̧dª \nco£W-§fpsS ASn-Øm-\-̄ n I½n-j³ Xmsg- ]-dbpw{]Imcw D -̄c-hm-Ip-¶p. (i) ]cm-Xn-¡m-c³ hnh-cm-h-Imi \nba{]Imcw kaÀ¸n¨ At]-£- XoÀ¸m¡n 2.7.2007-þ\v adp-]Sn \ÂIn-bn-«p-Å-Xn-\m hnh-c-§Ä e`n-̈ nà F¶ ]cm-Xnbn \S-]Sn Ah-km-\n-̧ n-¡p-¶p.

(ii) ]cm-Xn-¡mc³ hnh-cm-h-Imi \nb-a-{]Imcw kaÀ¸n¨ At]£ XoÀ¸m¡m\p-−mb Ime-Xm-a-k-̄ n\v FXr-I£n \ÂInb hni-Zo-I-cWw ]qÀ®-ambpw Xr]vXn-I-c-a-sÃ-¦nepw FXr-I£n hni-Zo-I-cn¨ {]tXyI kml-N-c-yw IW-¡n-se-Sp v̄ FXr-I-£n-s¡-Xnsc Bcw-`n¨ ]ng inIvjm\S-]-Sn-IÄ I½n-j³ Ah-km-\n-̧ n-¡p-¶p. 2008 G{]n amkw 26þmw XobXn I½n-j³ Cu D -̄chv ]pd-s -̧Sp-hn-̈ n-cn-¡p-¶p.

kwØmkwØmkwØmkwØm\\\\ hnhcmhImi I½nj³, tIcfw hnhcmhImi I½nj³, tIcfw hnhcmhImi I½nj³, tIcfw hnhcmhImi I½nj³, tIcfw ]p¶³ tdmUv, Xncph]p¶³ tdmUv, Xncph]p¶³ tdmUv, Xncph]p¶³ tdmUv, Xncph\\\\´]pcw ´]pcw ´]pcw ´]pcw 695 039.695 039.695 039.695 039.

Tel: 0471 2335199, Fax: 0471 2330920 Email: sic@infokerala.org.in

lÀPn \¼À AP.293/2007/SIC XoÀ¸p I¸n¨psIm-pÅ \S]Sn {Iaw.

(File No.3245/SIC-Gen 1/2007) hn.Fkv.{ioIWvT³ \mbÀ, henb¯p ]p¯³ hoSv, Abnt¯m«ph, shÌv IÃSþ691 500. 1. sk{I«dn & ]_vfnIv C³^Àta-j³ Hm^o-kÀ, ]Snªmsd IÃS {Kma]©mb v̄. 2. ]©mb v̄ sU]yq«n UbdIvSÀ, sImÃw.

D¯chvD¯chvD¯chvD¯chv A¸o lÀPn¡mc\mb hn.Fkv {ioIWvT³ \mbÀ 15.05.2007XobXn h v̈

kwØm\ hnhcmhImi I½nj³ ap¼msI kaÀ¸n¨ A¸o lÀPn 16.05.2007 \v I½nj\v e`n¨n«pÅXpw, lÀPn F.]n.293/2007/Fkv.sF.kn Bbn ^ben kzoIcn v̈ XpSÀ \S]SnIÄ ssIsIm-n«pÅXpamWv. 2. lÀPn-¡v Bkv]-Z-amb kwK-XnIÄ kw£n-]vX-ambn NphsS tNÀ¡p¶p. A¸o lÀPn¡mc³ 27.02.2007 XobXn h¨v hnhcmhImi \nbaw, 2005 {]Imcw Nne hnhc§Ä tXSnsIm-v Hcp At]£ kaÀ¸n¨ncp¶p. ]Snªmsd IÃS {Kma]©mb¯n {]hÀ¯n¡p¶ CjvSnI \nÀ½mW bqWnäpIfpambn _Ôs¸« Nne hnhc§fmWv A¸o lÀPn¡mc³ tXSnbXv. CXn\v 16.03.2007 XobXn h v̈ H¶mw FXrI£n adp]Sn \ÂIn. Cu adp]Snbn Xr]vXn hcmsX A¸o lÀPn¡mc³ 23.03.2007 \v c-mw FXrI£n ap¼msI H¶mw A¸o kaÀ¸n¨p. H¶mw A¸o XoÀ¸m¡n sIm-v 25.04.2007 \v c-mw FXrI£n A¸o lÀPn¡mc\v adp]Sn \ÂIn. Xm³ Bhiys¸« hnhc§Ä ]qÀ®ambn e`n¨nÃmsb¶v ]cmXns¸«p sIm-mWv A¸o lÀPn¡mc³ kwØm\ hnhcmhImi I½nj³ ap¼msI Cu lÀPn kaÀ¸n¨ncn¡p¶Xv. 3. A¸o lÀPnbpsS Hcp ]IÀ v̧ c-−mw FXrI£n¡v Ab¨psIm Sp¯psI−m-v, lÀPnbnt·Â hniZamb dnt¸mÀ«v kaÀ¸n¡p¶Xn\v I½nj³ \nÀt±iw \ÂIn. CX\pkcn¨v, c-−mw FXrI£n 01.08.2007 XobXn h¨v I½nj³ ap¼msI dnt¸mÀ«v kaÀ¸n¨n«p-v. 4. A¸o lÀPnbpw c-−mw FXrI£nbpsS dnt¸mÀ«pw A\p_Ô tcJIfpw hniZambn ]cntim[n¨ I½nj³ Xmsg ]dbp¶ \nKa\§fn F¯pIbp-mbn.

i. A¸o lÀPn¡mc³ Bhiys¸« hnhc§fn Øm]\¯nsâ t]cpw, ssek³kv \¼dpw XobXnbpw Adnbn¨n«nà F¶mWv A¸o lÀPn¡mcsâ ]cmXn. F¶m DSaØcpsS t]cp am{XamWv cPnÌdn tcJs¸Sp¯nbn«pÅXv F¶pw I¼\nIfpsS t]cv tcJs¸Sp¯nbn«nÃmsb¶pw c−-mw FXrI£nbpsS dnt¸mÀ«n ]dbp¶p.

ii. hb \nI¯nbXv kw_Ôn¨ hnhc§Ä ]©mb¯n e`yasöpw hntÃPv Hm^okn \n¶pamWv e`nt¡−-sX¶pw c−-mw FXrI£nbpsS dnt¸mÀ«n ]dbp¶p. hntÃPv Hm^okn \n¶pw e`nt¡−- hnhc§Ä kw_Ôn¨ At]£bpsS `mKw hnhcmhImi \nbaw 6(3) hIp v̧ {]Imcw hntÃPv Hm^okÀ¡v ssIamäw sN¿pIbmbncp¶p H¶mw FXrI£n sNt¿-n bncp¶Xv.

iii. CjvSnI \nÀ½mW bqWnäpIÄ {]hÀ¯n¡p¶XpaqeapÅ ]mcnØnXnI BtcmKy {]iv\§sf Ipdn¨pw ]cmXnbn ta \S]SnIÄ FSp¡m¯Xns\ Ipdn¨pw A¸o lÀPn¡mc³ ]cmXn D¶bn¨ncn¡p¶p. ]cmXnIÄ ]cnlcn¡pI, hniZoIcWw ]cmXnIÄ ]cnlcn¡pI, hniZoIcWw ]cmXnIÄ ]cnlcn¡pI, hniZoIcWw ]cmXnIÄ ]cnlcn¡pI, hniZoIcWw \\\\ÂIpI F¶nh hnhcmhImi ÂIpI F¶nh hnhcmhImi ÂIpI F¶nh hnhcmhImi ÂIpI F¶nh hnhcmhImi \\\\nba¯nba¯nba¯nba¯nsâ ]cn[nbn hcp¶ Imcy§Ä nsâ ]cn[nbn hcp¶ Imcy§Ä nsâ ]cn[nbn hcp¶ Imcy§Ä nsâ ]cn[nbn hcp¶ Imcy§Ä AÃAÃAÃAÃ. Hcp s]mXp Øm]\¯nsâ ssIhitam \nb{´ W¯ntem DÅ hnhc§Ä Bhiys¸SpIbmWv hnhcmhImi \nba{]Imcw sNt¿−-Xv.

5. ta ]dª \nKa\§fpsS ASnØm\¯n I½nj³ Xmsg ]dbpw {]Imcw D¯chmIp¶p.

i. A¸o lÀPn¡mcsâ At]£bn H¶maXmbn Bhiys¸« hnhc§fnse ssek³kv \¼dpw XobXnbpw A¸o lÀPn ¡mc\v \ÂInbn«nÃ. CjvSnI \nÀ½mW ssek³kpIfpsS \¼dpw XobXnbpw Cu D¯chnsâ ]IÀ v̧ ssI¸än 7 Znhk ¯n\pÅn H¶mw FXrI£n A¸o lÀPn¡mcs\ Adnbn t¡−-XmWv.

ii. A¸o lÀPn¡mc³ H¶mw FXrI£n ap¼msI kaÀ¸n¨ At]£bn hntÃPv Hm^okn \n¶pw \ÂtI−- hnhc§Ä ASbmfs¸Sp¯n sIm-v−v At]£bpsS {]kà `mKw hnhcm hImi \nbaw 6(3) hIp v̧ {]Imcw hntÃPv Hm^okÀ¡v ssIamtd-−XmWv. Cu D¯chnsâ ]IÀ v̧ ssI¸än 5 Znhk ¯n\pÅn C{]Imcw ssIamtd−-Xpw hnhcw A¸o lÀPn ¡mcs\ Adnbnt¡-−XpamWv. A¸o lÀPnbn Ct¶ Znhkw 2007 HIvtSm_À amkw 23þmw Xob-Xn I½nj³ Cu D¯chv ]pds¸Sphn¨ncn¡p¶p.

(H -̧v) sksksksk----{I«{I«{I«{I«dndndndn

lÀPn¡mc³ kwØkwØm\ hnhcmhImi I½nj³, tIcfw

]p¶³ tdmUv, Xncph\´]pcw 695 039. Tel: 0471 2335199, Fax: 0471 2330920

Email: sic@infokerala.org.in

lÀPn \¼À AP.2A 2007/SIC XoÀ¸p I¸p¨psIm−pÅ \S]Sn {Iaw.

(File No.2289/SIC-Gen 2/2007) k¶nlnXcmbhÀ 1. {io. ]mem«v taml³Zmkv, No^v C³^Àtaj³ I½njWÀ. 2. {io. hn.hn. Kncn, C³^Àtaj³ I½njWÀ ]n.BÀ. jmPn, ]d¼n¡pgn hoSv. dtbm¬]pcw ]n.H., s]cp¼mhqÀ hntÃPv Hm^okÀ/ ]_vfnIv C³^Àtaj³ Hm^okÀ, FXrI£n hntÃPv Hm^okv, s]cp¼mhqÀ . D¯chv 1. lÀPn¡mc³ kwØm\ hnh-cm-h-Imi I½n-j³ aq¼msI ^b sNbvX AP.02/2007/SIC þmw A¸o lÀPn I½nj³ 2007 s^{_phcn 15 \v D¯chv ]pds¸Sphn¨ncp¶p. Cu D¯chnsâ Ggmw JÞnI {]Imcw, s]cp¼mhqÀ \Kck`bpsS AXncpIÄ tcJs¸Sp¯nbn«pÅXpw, hntÃPv Hm^okn e`yambXpamb am¸nsâ ]IÀ¸v, D¯chnsâ ]IÀ v̧ In«n 7 Znhk¯n\Iw lÀPn¡mc\v \ÂtI−XmWv F¶v I½nj³ lÀPn¡mc\v \nÀt±iw \ÂInbncp¶p. I½nj³ D¯chv {]Imcw FXrI£n ]cmXn¡mc\v \ÂInb kvsI¨v, Øe§Ä a\Ênem¡m³ ]äm¯ Npcp¡nb am v̧ BsW¶pw, t_fm¡v \¼dpw ]pdt¼m¡v Øe§fpw a\Ênem¡m³ ]äp¶nà F¶pamWv lÀPn¡mcsâ ]cmXn. 2. lÀPn¡mcsâ ]cmXn I½nj³ hniZambn ]cntim[n¨p. lÀPn¡mc³ hnhcmhImi I½nj³ ap¼msI kaÀ¸n¨ A¸o lÀPnbn Xocpam\w FSp¡p¶Xn\v ap¼v FXrI£nsb I½nj³ t\cn tI«ncp¶p. B kabw, s]cp¼mhqÀ \Kck`bpsS AXncpIÄ tcJs¸Sp¯nb sNdnb kvsI¨v am{Xta hntÃPv Hm^okn e`yambpÅp F¶v FXrI£n t_m[n¸n¨ncp¶p. hntÃPv Hm^okn e`yamb am¸nsâ ]IÀ v̧ lÀPn¡mc\v \ÂIphm\mWv I½nj³ D¯chmbXv. 3. hnhcmhImi \nbaw, 2005 {]Imcw Hcp s]mXp A[nImc Øm]\¯nsâ ssIhitam \nb{´W¯ntem DÅ hnhc§Ä e`n¡phm\mWv ]uc³amÀ¡v AhImiapÅXv. ChnsS, hntÃPv Hm^okn e`yamb am¸nsâ ]IÀ v̧ lÀPn¡mc\v \ÂIn Ignªp F¶v I½nj³ hnebncp¯n. FXrI£nbpsS ]¡Â e`yaÃm¯ Hcp am v̧ lÀPn¡mc\v \ÂIphm³ FXrI£n¡v \nÀt±iw \ÂIphm³ I½nj\v km[n¡pIbnÃ. 4. ta ]dª \nKa\§fpsS ASnØm\¯n lÀPn¡mcsâ ]cmXnbn³ ta \S]Sn BhiyanÃm F¶v I½nj³ Xocpam\n¡p¶p. lÀPn C{]Imcw XoÀ¸m¡n I½nj³ Ct¶ Znhkw 2007 tabv 16þmw XobXn Cu D¯chv ]pds¸Sphn¨ncn¡p¶p.

AP. 04/2008/SIC ImsemSn Al½Zv Ip«n, ImsemSn tIm«¡Â, Ipän¸pdwþ676 503. 1. FIvknIyq«ohv F©n\obÀ & tÌäv ]_vfnIv C³^Àtaj³ Hm^okÀ, No^v F©n\obdpsS Imcymebw, s]mXpacma v̄ hIp v̧, tdmUpIfpw ]me§fpw hn`mKw, Xncph\´]pcw. FXrI£nIÄ 2. FIvknIyq«ohv F©n\obÀ & tÌäv ]_vfnIv C³^Àtaj³ Hm^okÀ, No^v F©n\obdpsS Imcymebw, s]mXpacma v̄ hIp v̧, \nc¯phn`mKw, at©cn. 3. BÀ. _o\, sU]yq«n No^v F©n\obÀ, No^v F©n\obdpsS Imcymebw, (tdmUv & {_nUvPkv) Xncph\´]pcw.

D¯chvD¯chvD¯chvD¯chv A¸o lÀPn¡mc\mb ImsemSn Al½Zv Ip«n, 20.07.2007 XobXn h¨v kwØm\ hnhcmhImi I½nj³ ap¼msI kaÀ¸n¨ c−mw A¸o AP.No.04/2008/SIC Bbn ^ben kzoIcn¨v XpSÀ\S]SnIÄ ssIsIm −n«pÅXmWv. 2. A¸o lÀPn¡mc³ 11.05.2007 XobXn h¨v H¶mw FXrI£n ap¼msI hnhcmhImi \nba{]Imcw kaÀ¸n¨ At]£bn H¶maXmbn Bhiys¸« hnhcw e`n¨nsöv ]cmXns¸«psIm−mWv I½nj³ ap¼msI c−mw A¸o kaÀ¸n¨ncn¡p¶Xv. Xm³ s]mXpacma v̄ hIp v̧ a{´n ap¼msI kaÀ¸n¨ Hcp ]cmXnbn CXphscbmbn F´p \S]Sn kzoIcn¨p F¶v Adnbn¡phm\mWv A¸o lÀPn¡mc³ H¶mw FXrI£n ap¼msI kaÀ¸n¨ At]£bn Bhiys¸«Xv. 3. A¸o lÀPn¡mc³ 11.05.2007 XobXn h¨v kaÀ¸n¨ At]£ 15.05.2007 \v c−mw FXrI£n¡v ssIamdpIbpw c−mw FXrI£n 04.06.2007 XobXn h¨v A¸o lÀPn¡mc\v adp]Sn \ÂIpIbpap−mbn. A¸o lÀPn¡mc³ s]mXpacma v̄ hIp v̧ a{´n ap¼msI kaÀ¸n¨psh¶v ]dbp¶ ]cmXn Xsâ Hm^okn CXphscsb¯nbn«nsöv c−mw FXr I£n A¸o lÀPn¡mc\v adp]Sn \ÂIn. Cu adp]Snsb¡pdn¨mWv A¸o lÀPn¡mc³ I½nj³ ap¼msI ]cmXns¸«ncn¡p¶Xv. 4. A¸o lÀPnbn t\m«okv \ÂInbX\pkcn¨v, H¶mw FXr I£n 28.03.2008 XobXn h¨v I½nj³ ap¼msI dnt¸mÀ«v kaÀ¸n¨n«p−v. 5. A¸o lÀPnbn IqSpX sXfnshSp¡p¶Xn\mbn s]mXpacma v̄ hIp v̧ \nc¯p hn`mKw No^v F©n\obÀ Hm^oknse Ct¸mgs¯ ]_vfnIv C³^Àtaj³ Hm^okÀ Bb {ioaXn.\n½n amXyqhns\ 27.05.2008 \v I½nj³ t\cn tIÄ¡pIbp−mbn. A¸o lÀPn¡mc³ H¶maXmbn Bhiys¸« hnhc¯n\v B[mcambXpw A¸o lÀPn¡mc³ s]mXpacma v̄ hIp¸v a{´n¡v kaÀ¸n¨Xpamb ]cmXn H¶mw FXrI£n bpsS Hm^okn D−mbncp¶psh¶pw Cu ]cmXn c−mw FXrI£n¡v Ab¨psImSp¯ncp¶nsöpw {ioaXn.\n½n amXyq I½nj³ ap¼msI t_m[n¸n¡pIbp−mbn. A¸o lÀPn¡mc³ H¶mw FXrI£n ap¼msI kaÀ¸n¨ At]£bn H¶maXmbn Bhiys¸« hnhc¯n\v s]mXpacma¯v hIp v̧ a{´n ap¼msI kaÀ¸n¨ ]cmXn X\n¡v e`n¨nsöv c−mw FXrI£n adp]Sn \ÂIpIbmWp−mbsX¶v H¶mw FXrI£n I½nj³ ap¼msI t_m[n¸n¡pIbp−mbn.

6. A¸o lÀPn¡mc³ H¶maXmbn Bhiys¸« hnhc¯n\v B[mcamb ]cmXn H¶mw FXrI£nbpsS Hm^okn e`yambncns¡, AsX¡pdn¨v At\zjWw \S¯msX, At]£ Ae£yambpw A{i²tbmsSbpw c−mw FXrI£n¡v ssIamäw sNbvXXpaqeamWv A¸o lÀPn¡mc³ Bhiys¸« hnhc¯n\v icnbmb adp]Sn c−mw FXrI£nbn \n¶pw e`n¡mXncp¶sX¶v I½nj³ Is−¯n. CXn\p¯chmZn A¸o lÀPn¡mc³ At]£ kaÀ¸n¨ Imebfhn s]mXpacma v̄ hIp v̧ tdmUpIfpw ]me§fpw hn`mKw No^v F©n\obdpsS Hm^oknse ]_vfnIv C³^À taj³ Hm^okdmbncp¶ aq¶mw FXrI£nbmsW¶Xn\m aq¶mw FXrI£ns¡Xnsc hnhcmhImi \nbaw 20-mw hIp v̧ {]Imcw in£m \S]SnIÄ kzoIcn¡mXncn¡m³ ImcWw t_m[n¸n¡p¶Xn\v I½nj³ t\m«okv \ÂIn. CX\pkcn¨v, aq¶mw FXrI£n 10.06.2008 \v I½nj³ ap¼msI lmPcmIpIbpw hm¡mepw tcJmaqehpapÅ hniZoIcWw \ÂIpIbpw sNbvXp. A¸o lÀPn¡mc³ hnhcmhImi \nba{]Imcw 11.05.2007 \v kaÀ¸n¨ At]£ 15.05.2007 \v c−mw FXrI£n¡v Ab¨psImSp¯psIm−v, Cu hnhcw A¸o lÀPn¡mcs\ Adnbn¡pIbpw A¸o lÀPn¡mc\v \ÂIp¶ adp]SnbpsS ]IÀ v̧ No^v F©n\obdpsS Hm^oknte¡ Ab¨pXcWw F¶v c−mw FXrI£n¡v \nÀt±iw \ÂInbncp¶Xmbpw aq¶mw FXrI£n I½nj³ ap¼msI t_m[n¸n¡pIbp−mbn. c−mw FXrI£n A¸o lÀPn¡mc\v \ÂInb adp]SnbpsS ]IÀ v̧ e`n¨ncp¶psh¦n A¸o lÀPn¡mc\v icnbmb hnhcw \ÂInbnsöv a\kn em¡m³ km[n¡pambncp¶psh¶v aq¶mw FXrI£n I½nj³ ap¼msI t_m[n¸n¡pIbp−mbn. 7. A¸o lÀPnbn H¶mw FXrI£n I½nj³ ap¼msI kaÀ¸n¨ dnt¸mÀ«pw A\p_ÔtcJIfpw H¶pw aq¶pw FXrI£nIÄ I½nj³ ap¼msI hm¡mepw tcJmaqehpw \ÂInb hniZoIcW§fpw hniZambn ]cntim[n¨ I½nj³ Xmsg ]dbpw {]Imcw \nco£n¨p. A¸o lÀPn¡mc³ H¶maXmbn Bhiys¸« hnhc¯n\v icnbmb adp]Snbmbncp¶nà c−mw FXrI£n \ÂInbXv. A¸o lÀPn¡mc³ H¶maXmbn Bhiys¸« hnhcw A¸o lÀPn¡mc³ s]mXpacma v̄ hIp¸v a{´n¡v kaÀ¸n¨ ]cmXnbpambn _Ôs¸« hnhcamWv. Cu ]cmXn No^v F©n\obdpsS Hm^oknencn¡shbmW,v AsX¡pdn¨v At\zjn¡msX, hnhcmhImi \nba{]Imcw kaÀ¸n¨ At]£ am{Xw c−mw FXrI£n¡v ssIamdnbXv. A¸o lÀPn¡mc³ hnhcmhImi \nba{]Imcw kaÀ¸n¨ At]£ Ae£yambpw \ncp¯chmZ]cambpw aq¶mw FXrI£n ssIImcyw sNbvXXpsIm−mWv A¸o lÀPn¡mc\v hnhcw \ÂIp¶Xn\v Hcp hÀj¯n IqSpX ImeXmakw D−mbsX¶v I½nj³ \nco£n¨p. c−mw FXrI£n A¸o lÀPn¡mc\v \ÂInb adp]SnbpsS ]IÀ v̧ e`n¨ncp¶psh¦n hogvN a\knem¡n Xncp¯Â \S]Sn ssIs¡mÅm³ km[n¡pambncp¶psh¶ aq¶mw FXrI£nbpsS kaÀ¸Ww AwKoIcn¡m³ km[n¡pIbnsöv I½nj³ \nco£n¨p. hnhcmhImi \\\\nbaw nbaw nbaw nbaw 6(3) 6(3) 6(3) 6(3) hIp¸v {]Imcw Hcp At]£ ssIamäw sNbvXp e`n¨p Ignªm At]£ hIp¸v {]Imcw Hcp At]£ ssIamäw sNbvXp e`n¨p Ignªm At]£ hIp¸v {]Imcw Hcp At]£ ssIamäw sNbvXp e`n¨p Ignªm At]£ hIp¸v {]Imcw Hcp At]£ ssIamäw sNbvXp e`n¨p Ignªm At]£ XoÀ¸m¡pIsb¶ÃmsX At]£ Ab¨p X¶ ]_vfnIv C³^Àtaj³ Hm^okÀ¡v XoÀ¸m¡pIsb¶ÃmsX At]£ Ab¨p X¶ ]_vfnIv C³^Àtaj³ Hm^okÀ¡v XoÀ¸m¡pIsb¶ÃmsX At]£ Ab¨p X¶ ]_vfnIv C³^Àtaj³ Hm^okÀ¡v XoÀ¸m¡pIsb¶ÃmsX At]£ Ab¨p X¶ ]_vfnIv C³^Àtaj³ Hm^okÀ¡v dnt¸mÀ«v kaÀ¸n¡phm³ _m²yXbnsöv I½nj³ dnt¸mÀ«v kaÀ¸n¡phm³ _m²yXbnsöv I½nj³ dnt¸mÀ«v kaÀ¸n¡phm³ _m²yXbnsöv I½nj³ dnt¸mÀ«v kaÀ¸n¡phm³ _m²yXbnsöv I½nj³ \\\\nco£n¨p.nco£n¨p.nco£n¨p.nco£n¨p. 8. A¸o lÀPn¡mc³ hnhcmhImi \nba{]Imcw kaÀ¸n¨ At]£bn Bhiys¸« hnhcw No^v F©n\obdpsS Hm^okn e`yambncpt¶msb¶v ]cntim[n¡msX Ae£yambpw \ncp¯chmZ]cambpw A t]£ c−mw FXrI£n¡v ssIamäw sNbvXXpsIm−mWv A¸o lÀPn¡mc\v hnhcw e`n¡p¶Xn Hcp hÀj¯n IqSpX ImeXmakw D−mbXv. aq¶mw FXrI£n A¸o lÀPn¡mc\v hnhcw \ntj[nIWsa¶ Zpcpt±it¯msS {]hr¯n¨n«nsænepw aq¶mw FXrI£nbpsS Ae£yhpw \ncp¯chmZ]chpamb {]hr¯naqew A¸o lÀPn¡mc\v hnhcw e`n¡p¶Xn\v XSkap−mbXn\m aq¶mw FXrI£ns¡Xnsc kÀÆokv N«{]ImcapÅ in£m \S]SnIÄ kzoIcn¡m³ aq¶mw FXrI£nbpsS \nba\A[nImcnbmb s]mXpacma v̄ hIp¸v sk{I«dn¡v hnhcmhImi \nbaw 20(2) hIp¸v {]Imcw I½nj³ ip]mÀi \ÂIp¶p.

9. A¸o lÀPnbn 27.05.2008 \v \S¶ I½nj³ lnbdnwKn A¸o lÀPn¡mcsâ At]£¡v icnbmb adp]Sn \ÂIp¶Xn\v H¶mw FXrI£n¡v I½nj³ hm¡m \nÀt±iw \ÂInbn«pÅXmWv. 10. Cu D¯chnsâ ]IÀ v̧ I½nj³ sk{I«dn s]mXpacma v̄ hIp v̧ sk{I«dn¡v Ab¨psImSpt¡−Xpw s]mXpacma¯v hIp v̧ sk{I«dn Cu D¯chnsâ 8-mw JÞnI {]Imcw \S]SnIÄ kzoIcnt¡ −Xpw hnhcw I½njs\ Adnbnt¡−XpamWv. A¸o lÀPn C{]Imcw XoÀ¸m¡n I½nj³ 2008 Pq¬ amkw 19þmw Xob-Xn Cu D¯chv ]pds¸Sphn¨ncn¡p¶p.

The State Information Commission, Kerala Punnen Road,Thiruvananthapuram-695 039.

Tel:0471 2335199, Fax:0471 2330920 Email: sic@infokerala.org.in

Present: 1. Palat Mohandas, Chief Information Commissioner

2. P.N.Vijaya Kumar, State Information Commissioner AP.No.15/2007/SIC

Shri.N.Premkumar, Nadukkeppurayil, Valiyakulam, Cherukulani.P.O.. Appellant Ranni-689673, Pathanamthitta. Vs

Public Information Officer Food, Civil Supplies & Consumer Affairs Respondent Thiruvanathapuram.

.ORDER

This second appeal as stated by the Appellant is in protest against the order passed by the Public Information Officer, Food, Civil Supplies & Consumer Affairs Dept. In fact it is only a first appeal preferred against the Order of the PIO because the Appellant has not approached the Departmental Appellate Authority. However, the appeal was entertained. The request of the Appellant, originally, was for furnishing "“° ƒúܪ»³ª°µú ı“°ð¯oeÌ°Þ¸ ıÌoe¹˜°È ı°ß „ı¶¢¯ø˜Ü¾ ı¥°®¯¥ ¶ý¯¦Ì°µ§ µ£Ø¦¯¤° oe°¤£°¾¯Ï ¶¤¯‹»¥¯¤ª¥²µ“ ˆ¥² ı¯oeÞ µ -§ÀÏ ‰Ù°Ý° µ˜µ¥ µÇ“²Ì°¥²Ò˜¯—¸. “° ı¯oeÞ -°ª°Þ -ı¸µµ¨-̧ ª‰²Ô°oe¸ µµ‰£¯¦°¤°È²á˜¯¶—¯? “° ı¯oe§°µ§½˜¶ı¥²Ê¸.? ıªÜ ‚µ¥ß¯¹ (¶ı¥²ª°ª¥¹) †Ò ª°ª¥Äà µµ‰£¯¦¯Ï ı¶ıÀ°¾²Ò² ".

The Public Information Officer vide his letter dated 10.10.2006 had furnished the required information to the requestor. The names and addresses of the selected candidates were therefore informed of. The said report is before this Commission marked as Ext B1. The request was dated 5.10.2006 and the information was promptly furnished within five days. In the appeal, the Appellant had alleged that the information was incomplete and he required information "relating to interview for recommendation of a panel for consideration of appointment and requires the rank list prepared as per the interview". He has also requested for permission for inspection of records and concerned files. The PIO in his detailed report in obedience to a letter sent by this Commission had stated that the information requested was already furnished but now he had requested for the copy of the minutes of the committee who had interviewed him and also copy of the panel

prepared on the basis of the said interview and further permission to peruse the entire file. A scrutiny of the records would reveal the fact that the requestor had only asked for the panel and the same had already been supplied. He cannot now turn round and say that he intended to have certain other documents also. If he was in actual requirement of those documents he could have specified the details and descriptions of such documents in the application itself. There is no scope for change of requirement and thrusting in additional information in the appeal and that is outside the scope of the appeal. An appeal is only a continuation of the original proceedings and not the beginning of a new one. The appeal is, therefore, without merits and is therefore dismissed. Dated this the 22nd day of February 2007. Sd/- Palat Mohandas, Chief Information Commissioner Sd/- P.N.Vijaya Kumar, State Information Commissioner Authenticated copy Secretary to Commission

kwØkwØm\ hnh-cm-h-Imi I½o-jj³, tIcfw

]p¶³ tdmUv, Xncp-h-h-\-\- - -́]-]pcw 695 039 Tel: 0471 2335199, Fax: 0471 2330920 Email: sic@infokerala.org.in

]cmXn \¼À F.]n. 79/2006/Fkv.sF.kn XoÀ¸pI¸n¨v sIm−pÅ \S]Sn {Iaw.

\w. 2386/SIC/2006 22/11/2006 k¶nlnXcmbhÀ 1. {io. ]mem«v taml³Zmkv, No^v C³^Àtaj³ I½ojWÀ 2. {io. hn.hn Kncn, C³^Àtaj³ I½ojWÀ 3. {io. ]n. ^knep±o³, C³^Àtaj³ I½ojWÀ {io. tdm_À«v F{_lmw tX¡\maebnÂ, Ip¶´m\w ]n.H, ]¯\wXn«. P\d amt\PÀ Xncphà CuÌv klIcW _m¦v ¢n]vXw, slUvHm^okv XncphÃ, ]¯\wXn« PnÃ

D¯chvD¯chvD¯chvD¯chv A¸o lÀPn¡mc\mb {io. tdm_À«v F{_lmw, Xncphà CuÌv tImþHm¸tdäohv _m¦nsâ slUvHm^oknepw imJIfnepw \S¶phcp¶ I¼yq«ssdtkj³ kw_Ôn¨ Nne hnhc§Ä Bhiys¸«psIm−v, hnhcmhImi \nbaw 6(1) hIp v̧ {]ImcapÅ At]£, klIcW kwLw AknÌâv cPnkv{SmÀ (P\dÂ) Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ ap¼msI 24.04.2006þ\v kaÀ¸n¨ncp¶p. Cu At]£ XoÀ¸m¡nsIm−v klIcWw kwLw cPnÌmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ 08.05.2006þ\v \ÂInb adp]SnbnÂ, A¸oÂ

lÀPn¡mc³ Bhiys¸« hnhc§Ä Xncphà CuÌv tImþHm¸tdäohv _m¦nse slUvHm^okn kq£n¨ncn¡p¶ an\nävkv _p¡n tcJs¸Sp¯nbn«p−v F¶pw ta¸Sn hnhc§Ä lÀPn¡mc\v ]cmXn¡mc³ FXnÀ I£n e`yam¡p¶Xn\v _m¦v P\d amt\Pdn\v Adnbn v̧ \ÂInbn«p-s−¶pw Adnbn¨p. F¶m _m¦n \n¶pw hnhcw e`n¡m¯Xns\XpSÀ¶v, 2006 Pq¬ 15þ\v A¸o lÀPn¡mc³ ]¯\wXn« PnÃm klIcW kwLw tPmbnâv cPnkv{SmÀ (P\dÂ) ap¼msI hnhcmhImi \nbaw 19(1) {]Imcw H¶mw A¸o kaÀ¸n¨p. Sn A¸o XoÀ¸m¡ns¡m−v klIcW hIp v̧ PnÃmXe A¸o A[nImcnbmb tPmbnâv cPnkv{SmÀ (P\dÂ) 12.07.2006þ\v ]pdps¸Sphn¨ D¯chn³{]Imcw A¸o lÀPn¡mc³ Bhiys¸«n«pÅ tcJIÄ 15 Znhk¯n\pÅn A¸o lÀPn¡mc\v \ÂIp¶Xn\v Xncphà CuÌv kÀÆokv klIcW _m¦n\v \nÀt±iw \ÂIn. Cu D¯chnsâ ASnØm\¯nepw hnhcw e`yam¡m¯Xns\XpSÀ¶v, B¸o lÀPn¡mc³ 2006 BKÌv H¶mw XobXn hnhcmhImi \nbaw 19(3) hIp v̧ {]Imcw kwØm\ hnhcmhImi I½oj³ ap¼msI c−maXv A¸o kaÀ¸n¨p. A¸o lÀPnbpsS Hcp ]IÀ¸v Xncphà CuÌv klIcW _m¦v P\d amt\Pdn\v 11.08.2006þ\v Ab¨p sImSp¯psIm−v, hniZamb dnt¸mÀ«v 28.08.2006þ\v ap¼v kaÀ¸n¡phm³ I½oj³ sk{I«dn \nÀt±iw \ÂIn. CXn\v adp]Snbmbn 24.08.2006þ\v Xnchà CuÌv klIcW _m¦v P\d amt\PÀ kaÀ¸n¨ dnt¸mÀ«n ]¯\wXn« klIcWkwLw tPmbnâv cPnkv{SmÀ 12.07.2006þ\v ]pds¸Sphn¨ D¯chp{]Imcw _m¦n\v \ÂInbncp¶ \nÀt±i¯ns\Xnsc klIcW_m¦v _lp. sslt¡mSXnbn dn«v lÀPn ^b sNbvXn«pÅXpw Cu dn«v lÀPnbn _lp sslt¡mSXn 01.08.2006þ aq¶v amks¯ CS¡me tÌ A\phZn¨p D¯hmbn«pÅXpamIp¶p F¶dnbn¨ncn¡p¶p. A¸o lÀPnbpambn _Ôs¸« FÃm tcJIfpw 08.11.2006þ tNÀ¶ I½oj³ tbmKw hniZambn ]cntim[n¨p. A¸o lÀPn¡mc³ Bhiys¸«n«pÅ tcJIÄ Xncphà CuÌv klIcW_m¦nsâ ssIhiapÅ tcJIfmWv. Cu tcJIÄ Bhiys¸«psIm−pÅ At]£ klIcW kwLw AknÌâv cPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ¡mWv A¸o lÀPn¡mc³ 24.04.2006þ\v \ÂInbncp¶Xv. C§s\ Hcp At]£ e`n¨Hcp At]£ e`n¨Hcp At]£ e`n¨Hcp At]£ e`n¨ DS³Xs¶, hnhcmhImi DS³Xs¶, hnhcmhImi DS³Xs¶, hnhcmhImi DS³Xs¶, hnhcmhImi \\\\nbaw 6(3) nbaw 6(3) nbaw 6(3) nbaw 6(3) hnh£n¡p¶ {]Imcw, Xncphà CuÌvhnh£n¡p¶ {]Imcw, Xncphà CuÌvhnh£n¡p¶ {]Imcw, Xncphà CuÌvhnh£n¡p¶ {]Imcw, Xncphà CuÌv klIcW _m¦nklIcW _m¦nklIcW _m¦nklIcW _m¦n\\\\v ssIamdpIbmbncp¶p klIcWwv ssIamdpIbmbncp¶p klIcWwv ssIamdpIbmbncp¶p klIcWwv ssIamdpIbmbncp¶p klIcWw kwLw Akn̳kwLw Akn̳kwLw Akn̳kwLw Akn̳ cPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ sNt¿−nbncp¶Xv.cPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ sNt¿−nbncp¶Xv.cPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ sNt¿−nbncp¶Xv.cPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ sNt¿−nbncp¶Xv. ]Icw, hnhcw e`yam¡p¶Xn]Icw, hnhcw e`yam¡p¶Xn]Icw, hnhcw e`yam¡p¶Xn]Icw, hnhcw e`yam¡p¶Xn\\\\pÅ pÅ pÅ pÅ \\\\nÀt±iw _m¦v PnÀt±iw _m¦v PnÀt±iw _m¦v PnÀt±iw _m¦v P\\\\d amtd amtd amtd amt\\\\PdnPdnPdnPdn\\\\vvvv \\\\ÂIpIbmWv Sn ]»nIv ÂIpIbmWv Sn ]»nIv ÂIpIbmWv Sn ]»nIv ÂIpIbmWv Sn ]»nIv C³^Àtaj³ Hm^okÀ sNbvXXv. asämcp "]»nIvC³^Àtaj³ Hm^okÀ sNbvXXv. asämcp "]»nIvC³^Àtaj³ Hm^okÀ sNbvXXv. asämcp "]»nIvC³^Àtaj³ Hm^okÀ sNbvXXv. asämcp "]»nIv AtXmdn«n' Bb klIcW _m¦nsAtXmdn«n' Bb klIcW _m¦nsAtXmdn«n' Bb klIcW _m¦nsAtXmdn«n' Bb klIcW _m¦ns\\\\ kw_Ôn¨ hnhc§Ä Bhiys¸«m Bkw_Ôn¨ hnhc§Ä Bhiys¸«m Bkw_Ôn¨ hnhc§Ä Bhiys¸«m Bkw_Ôn¨ hnhc§Ä Bhiys¸«m B At]£ klIcW_m¦nAt]£ klIcW_m¦nAt]£ klIcW_m¦nAt]£ klIcW_m¦n\\\\v ssIamdpv ssIamdpv ssIamdpv ssIamdpIbÃmsX, IbÃmsX, IbÃmsX, IbÃmsX, hnhc§Ä hnhc§Ä hnhc§Ä hnhc§Ä \\\\ÂIm³ÂIm³ÂIm³ÂIm³ \\\\nÀt±in¨psIm−v D¯chp ]pds¸Sphn¡m³ klIcWkwLw nÀt±in¨psIm−v D¯chp ]pds¸Sphn¡m³ klIcWkwLw nÀt±in¨psIm−v D¯chp ]pds¸Sphn¡m³ klIcWkwLw nÀt±in¨psIm−v D¯chp ]pds¸Sphn¡m³ klIcWkwLw cPnkv{SmÀcPnkv{SmÀcPnkv{SmÀcPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ¡v Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ¡v Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ¡v Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ¡v \\\\nÀÆmlanÃ.nÀÆmlanÃ.nÀÆmlanÃ.nÀÆmlanÃ. C¡mcy¯n klIcWkwLw AknÌâv cPnkv{SmÀ Hm^oknse ]»nIv C³^Àtaj\v Hm^okÀ¡pw H¶mw A¸oent·Â Xocpam\w FSp¯ tPmbnâv cPnkv{SmÀ (P\dÂ)þ¡pw hogvN ]änbmXmbn I½oj³ Is−¯n. A¸o lÀPnbpambn _Ôs¸« FÃm Imcy§fpw ]cnKWn¨ tijw I½oj³ Xmsg ]dbpw {]Imcw D¯chmIp¶p. 24.04.2006þ\v Xncphà klIcW kwLw AknÌâv cPnkv{SmÀ (P\dÂ) Hm^oknse ]»nIv C³^Àtaj³ Hm^okÀ ap¼msI A¸o lÀPn¡mc³ kaÀ¸n¨Xpw, Cu D¯chn\v A\p_Ôambn tNÀ¯ncn¡p¶Xpamb At]£, Xncphà CuÌv klIcW _m¦nsâ P\d amt\PÀ X\n¡v hnhcmhImi\nbaw 6(1) hIp v̧ {]Imcw, Cu D¯chnsâ ]IÀ v̧ e`n¡p¶ XobXnbn e`n¨ At]£bmbn IW¡mt¡−Xpw hnhcmhImi \nbaw 7(1) A\pimkn¡p¶ {]Imcw XoÀ¸mt¡−XpamWv. Xncphà CuÌv klIcW _m¦nsâ P\d amt\PÀ At]£bn ssIs¡mÅp¶ \S]SnbpsS dnt¸mÀ«v, At]£ XoÀ¸m¡n 5 Znhk¯n\pÅn I½oj\n kaÀ¸nt¡−XmWv. A¸o taÂ{]Imcw XoÀ¸m¡n I½oj³ CXn\m D¯chmIp¶p. XobXXobXn 2006 \hw_À 22 (H v̧) ]mem«v taml³Zmkv No v̂ C³^Àtaj³ I½ojWÀ (H v̧) hn.hn Kncn C³^Àtaj³ I½ojWÀ (H v̧) ]n. ^knep±o³ 4 C³^Àtaj³ I½ojWÀ

Authenticated Copy Secretary to CommissioSecretary Commission

lÀPn \¼À AP.24/2008/SIC XoÀ¸p I¸n¨psIm−pÅ \S]Sn {Iaw.

(File No.6313/SIC-Gen 1/2007) tUm. Sn. _meN{µ³, \µ\w, _n.Sn.cWZosh tdmUv, CS¸Ån, sIm¨nþ 682 074. 1. tImÀ¸tdj³ F©n\obÀ & tÌäv ]_vfnIv C³^Àtaj³ Hm^okÀ, sIm¨n \Kck`. 2. sk{I«dn & A¸o A[nImcn, sIm¨n \Kck`..

D¯chvD¯chvD¯chvD¯chv A¸o lÀPn¡mc\mb tUm.Sn. _meN{µ³, 09.09.2007 XobXn h¨v kwØm\ hnhcmhImi I½nj³ ap¼msI hnhcmhImi \nba {]Imcw kaÀ¸n¨ A¸o lÀPn 12.09.2007 \v I½nj\v e`n¨n«pÅXpw, lÀPn AP.No.24/2007/SIC Bbn ^ben kzoIcn¨v XpSÀ\S]SnIÄ ssIsIm−n«pÅXpamWv. 2. lÀPn¡v Bkv]Zamb kwKXnIÄ kw£n-]vX-ambn NphsS tNÀ¡p¶p. A¸o lÀPn¡mc³ 20.04.2007 \v H¶mw FXrI£n ap¼msI hnhcmhImi \nba{]Imcw Nne hnhc§Ä tXSn sIm−v Hcp At]£ kaÀ¸n¨ncp¶p. sIm¨n \Kck`bpsS ]cn[nbnepÅ tXmSpIsfbpw I\mepIsfbpw kw_Ôn¨ Nne hnhc§Ä tXSn sIm−mWv At]£ kaÀ¸n¨Xv. CXn\v 16.05.2007 XobXn h¨v H¶mw FXrI£n adp]Sn \ÂIn. A¸o lÀPn¡mc³ Bhiys¸« hnhc§Ä \ÂIp¶Xn\v \Kck`bpsS tkmW Hm^okpIfnsebpw A¡u−vkv hn`mK¯nsebpw ssZ\wZn\ {]hÀ¯\§Ä amän h¨v sIm−v hnhcw X¿mdmt¡− kmlNcyw D−mIpw F¶Xn\m CXp kw_Ôn¨v \Kck`bn e`yamb hnhc§Ä ap³Iq«n Adnbn v̧ \ÂIn A¸o lÀPn¡mc\v Ft¸mÄ thWsa¦nepw ]cntim[n¡msa¶pw Bhiyamb hnhc§Ä t\cn FSp¡p¶Xn\v Ahkcw \ÂIp¶XmsW¶pw hnhcmhImi \nbaw 7(9) hIp v̧ {]Imcw Adnbn v̧ \ÂIn sIm−mWv H¶mw FXrI£n adp]Sn \ÂInbXv. H¶mw FXrI£nbpsS adp]Snbn Xr]vXn hcmsX A¸o lÀPn¡mc³ c−mw FXrI£n ap¼msI 28.05.2007 XobXn h¨v hnhcmhImi \nba{]Imcw H¶mw A¸o kaÀ¸n¨p. H¶mw A¸o ]cnKWn¨ c−mw FXrI£n, A¸o lÀPn¡mcs\ 11.06.2007 \v t\cn tIÄ¡pIbpw 03.07.2007 XobXn h¨v adp]Sn \ÂIpIbpw sNbvXp. \Kck`bn e`yamb hnhc§Ä/tcJIÄ DS³ Xs¶ A¸o lÀPn¡mc\v \ÂIphm\pw CÃm¯h¡v bXn\pÅ ImcyImcW klnXw adp]Sn \ÂIphm\pw F©n\obdnwKv hn`mKw ]_vfnIv C³^Àtaj³ Hm^okdmb H¶mw FXrI£n¡v \nÀt±iw \ÂIn sIm−mWv H¶mw A¸o XoÀ¸m¡nbXv. c−mw FXrI£n A¸o XoÀ¸m¡nb \S]Sn {Ias¯ Ipdn v̈ ]cmXns¸«psIm−v 20.07.2007 \v A¸o lÀPn¡mc³ c−mw FXrI£n ap¼msI ho−pw Hcp ]cmXn \ÂIn. c−mw FXrI£n H¶mw A¸o XoÀ¸m¡nb \S]Sn {Ias¯ Ipdn¨pw Xsâ tNmZy§Ä¡v e`n¨ adp]Snsb Ipdn¨pw ]cmXns¸«p sIm−mWv I½nj³ ap¼msI Cu lÀPn kaÀ¸n¨ncn¡p¶Xv. 3. A¸o lÀPnbpw A\p_ÔtcJIfpw hniZambn ]cntim[n¨ I½nj³ Xmsg ]dbpw {]Imcw \nco£n¨p.

i. Hcp s]mXp A[nImcnbpsS ssIhitam \nb{´W¯ntem DÅ "hnhc'§Ä e`n¡phm\pÅ AhImiamWv hnhcmhImi \nbaw ]uc³amÀ¡v \ÂIp¶Xv. Hcp s]mXp A[nImcnbpsS ssIhiapÅ ^bepItfm tcJItfm ]amW§tfm ]cntim[n¡pI, AhbpsS Ipdn v̧ FSp¡pI, ]IÀ v̧ FSp¡pI F¶nhbmWv hnhcmhImi \nba{]Imcw P\§Ä¡v e`n¨ncn¡p¶ AhImiw. ]e ^bepIfnepÅ ]e ^bepIfnepÅ ]e ^bepIfnepÅ ]e ^bepIfnepÅ hnhc§Ä t{ImUoIcn¨v Hcphnhc§Ä t{ImUoIcn¨v Hcphnhc§Ä t{ImUoIcn¨v Hcphnhc§Ä t{ImUoIcn¨v Hcp dnt¸mÀ«v dnt¸mÀ«v dnt¸mÀ«v dnt¸mÀ«v \\\\ÂIp¶XntÂIp¶XntÂIp¶XntÂIp¶Xnt\\\\m hniZoIcW§fpw m hniZoIcW§fpw m hniZoIcW§fpw m hniZoIcW§fpw hymJymhymJymhymJymhymJym\\\\§fpw§fpw§fpw§fpw \\\\ÂIp¶XntÂIp¶XntÂIp¶XntÂIp¶Xnt\\\\m hnhcmhImi m hnhcmhImi m hnhcmhImi m hnhcmhImi \\\\nba¯n hyhØbnÃnba¯n hyhØbnÃnba¯n hyhØbnÃnba¯n hyhØbnÃ. tNmZycq]¯n kaÀ¸n¡p¶ At]£¡v, tNmZy¯n\v t\cn«v D¯cambn Hcp "hnhcw' e`yamsW¦n Ah \ÂIphm\pÅ _m²yX ]_vfnIv C³^Àtaj³ Hm^okÀamÀ¡v

D−v. AÃm¯]£w, hnhc§Ä tiJcn¡phm³ At]£Is\ klmbn¡phm\pÅ _m²yXbpw ]_vfnIv C³^Àtaj³ Hm^okÀ¡p−v. C¯cw Ahkc§fn ]cmXn¡mc³ Bhiys¸Sp¶ hnhc§Ä DÄs¸Sp¶ ^bepIfpw tcJIfpw {]amW§fpw ImWphm\pw Ipdns¸Sp¡phm\pw BhiyapÅ tcJIfpsS ]IÀ v̧ FSp¡phm\pw Ahkcw \ÂIpIbmWv ]_vfnIv C³^Àtaj³ Hm^okÀ sNt¿−Xv.

ii. A¸o lÀPn¡mc³ kaÀ¸n¨ H¶mw A¸o XoÀ¸m¡nb \S]Sn{Ias¯ Ipdn¨mWv A¸o lÀPn¡mc³ {][m\ambpw ]cmXn D¶bn¨ncn¡p¶Xv. A¸o lÀPn¡mcs\ 11.06.2007 \v c−mw FXrI£n t\cn tIÄ¡pIbpw e`yamb hnhc§Ä DS³ Xs¶ \ÂIphm\pw CÃm¯h¡v BbXn\pÅ ImcyImcW klnXw adp]Sn \ÂIphm\pw H¶mw FXrI£n¡v \nÀt±iw \ÂInbn«p−v. 11.06.2007 se lnbdnwKnsâ ASnØm\¯n 03.07.2007 \v lÀPn¡mc\v \ÂInb adp]Snbn A]mIXbn söv I½nj³ \nco£n¨p. 4. ta ]dª \nco£W§fpsS ASnØm\¯n I½nj³ Xmsg ]dbpw {]Imcw D¯chmIp¶p.

i. \Kck`bn e`yamb hnhc§Ä/tcJIÄ \ÂIp¶Xn\pw CÃm¯h¡v ImcyImcW klnXw adp]Sn \ÂIphm\pw H¶mw FXrI£n¡v \nÀt±iw \ÂIn sIm−mWv H¶mw A¸o XoÀ¸m¡nbncn¡p¶Xv. A¸o lÀPn¡mc³ Bhiys¸« hnhc§Ä DÄs¡mÅp¶ ^bepIfpw, tcJIfpw t\cn ImWphm\pw, ]cntim[n¡phm\pw Ipdns¸Sp¡phm\pw BhiyapÅ t]PpIfpsS ]IÀs¸Sp¡phm\papÅ Ahkcw H¶mw FXrI£n A¸o lÀPn¡mc\v \ÂtI−XmWv. CXn\pÅ kabhpw Øehpw \nÝbn¨psIm−pÅ Adnbn v̧, Cu D¯chnsâ ]IÀ v̧ ssI¸än 7 Znhk¯n\pÅn H¶mw FXrI£n A¸o lÀPn¡mc\v \ÂtI−XmWv. hnhcmhImi \nba{]Imcw kwØm\ kÀ¡mÀ \nÝbn¨n«pÅ ^okv A¸o lÀPn¡mc\n \n¶pw CuSm¡mhp¶XmWv.

ii. Cu D¯chn ssIsIm− \S]Sn kw_Ôn¨ dnt¸mÀ«v H¶mw FXrI£n I½nj\v kaÀ¸nt¡−XmWv. A¸o lÀPn C{]Imcw XoÀ¸m¡n I½nj³ Ct¶ Znhkw 2008 P\phcn amkw 11þmw Xob-Xn Cu D¯chv ]pds¸Sphn¨ncn¡p¶p.

kwØkwØm\ hnhcmhImi I½nj³, tIcfw ]p¶³ tdmUv, Xncph\´]pcw 695 039.

Tel: 0471 2335199, Fax: 0471 2330920 Email: sic@infokerala.org.in

lÀPn \¼À AP.154/2006/SIC XoÀ¸p I¸n¨psIm−pÅ \S]Sn {Iaw. (File No.3573/SIC-Gen 1/2006) k¶nlnXcmbhÀ 1. {io. ]mem«v taml³Zmkv, No^v C³^Àtaj³ I½njWÀ. 2. {io. hn.hn. Kncn, C³^Àtaj³ I½njWÀ ]n.kn.tXmwk¬, ]n¨m¸nÅn, Imh¡mSv ]n.H, IeqÀ¡mSv. 1 . {_©v amt\PÀ/ ]_vfnIv C³^Àta-j³ Hm^o-kÀ, tIcf ^n\m³jy tImÀ¸tdj³, sXmSp]pg {_m©v, sXmSp]pg. 2. amt\PnwKv UbdIvSÀ/ A¸o A[nImcn, tIcf ^n\m³jy tImÀ¸tdj³,

shÅb¼ew, Xncp-h-\-́ -]pcw. D¯chv

1. A¸o lÀPn-¡m-c-³ 23-.10.2006 XobXn h¨v hnhcmhImi \nbaw, 2005 {]Imcw kwØm\ hnh-cm-h-Imi I½n-j\v aq¼msI kaÀ¸n¨ A¸o lÀPn 26.10.2006 \v I½n-j\v e`n¨n«pÅXmWv. 2. lÀPn-¡v Bkv]-Z-amb kwK-XnIÄ kw£n-]vX-ambn NphsS tNÀ¡p¶p. A¸o lÀPn-¡m-c³ 23.04.2006 XobXn h¨v H¶mw FXrI£n ap¼msI hnh-cm-h-Imi \nba {]Imcw Nne hnhc§Ä tXSn sIm−v Hcp At]£ kaÀ¸n¨pcp¶p. Cu At]£¡v H¶mw FXrI£n 15.09.2006 \v adp]Sn \ÂIn. lÀPn¡mc³ Bhiys¸« Nne hnhc§Ä \ÂIn sIm−pw aäp Nne hnhc§Ä hnhcmhImi \nbaw 8(1)(d), 8(1)(e), 8(1)(j), F¶o hIp¸pIÄ {]Imcw \nckn¨p sIm−pamWv H¶mw FXrI£n adp]Sn \ÂInbXv. Cu Xocpam\¯n ]cmXns¸«psIm−v, lÀPn¡mc³ 25.09.2006 XobXn h¨v hnhcmhImi \nbaw 19(1) hIp v̧ {]Imcw c−mw FXrI£n ap¼msI H¶mw A¸o lÀPn kaÀ¸n¨p. H¶mw A¸o lÀPnbn lÀPn¡mcs\ t\cn«v tIÄ¡p¶Xn\v 02.11.2006 \v lmPcmIphm³ Bhiys¸«psIm−v 10.10.2006 \v lÀPn¡mc\v Adnbn¸p \ÂIn. t\cn«pÅ IqSn¡mgvN¡v \nÝbn¨ Znhkw hsc Im¯ncn¡msXbmWv, A¸o lÀPn¡mc³ 23.10.2006 \v XobXn h¨v I½nj³ ap¼msI c−mw A¸o lÀPn kaÀ¸n¨ncn¡p¶Xv. 3. A¸o lÀPnbpw A\p_Ô tcJIfpw hniZambn ]cntim[n¨ I½nj³ Xmsg ]dbpw {]Imcw D¯chmIp¶p.

i. A¸o lÀPn¡mc³ hnhcmhImi \nbaw 19(1) hIp v̧ {]Imcw kaÀ¸n¨ H¶mw A¸o lÀPnbpsS XobXn 25.09.2006 BWv. Cu A¸o lÀPn c−mw FXrI£n¡v e`n¨Xv apX ]camh[n 45 Znhk¯n\pÅn XoÀ¸m¡nbncnt¡−XmsW¶mWv 19(6)þmw hIp¸n hyhØ sNbvXncn¡p¶Xv. H¶mw A¸oen Xocpam\w e`n¨Xn\v tijtam Asæn Xocpam\w FSpt¡− XobXn Ignbpt¼mtgm BWv c−mw A¸o kaÀ¸n¡p¶Xn\pÅ AhImiw lÀPn¡mc\v e`n¡p¶Xv. ChnsS, H¶mw A¸o lÀPn kaÀ¸n¨v 30 Znhk¯n\pÅn Xs¶ c−mw A¸o lÀPn kaÀ¸n¨ncn¡p¶Xmbn ImWmw. AXmbX,v c−mw A¸o lÀPn kaÀ¸n¡p¶Xn\v lÀPn¡mc\v AhImiw e`n¡p¶Xn\v ap¼mbn Xs¶ c−mw A¸o kaÀ¸n¨ncn¡p¶p. H¶mw A¸o lÀPnbn Xocpam\w FSpt¡− XobXn¡v ap¼v c−mw A¸o lÀPn kaÀ¸n¨ncn¡p¶p F¶Xnsâ ASnØm\¯n Cu lÀPn \nckn¨psIm−v I½nj³ D¯chmIp¶p. ii. H¶mw A¸o lÀPnbn Xocpam\w e`n¨n«ps−¦n AXnt·epw \nÝnX kab]cn[n¡pÅn H¶mw A¸o lÀPn XoÀ¸m¡nbn«nsænepw lÀPn¡mc\v I½nj³ ap¼msI hnhcmhImi \nbaw 19(3) hIp v̧ {]Imcw c−mw A¸o lÀPn kaÀ¸n¡phm\pÅ AhImiw, Cu D¯chp aqew CÃmXmIp¶nÃ. lÀPn C{]Imcw XoÀ¸m¡n, I½nj³ Ct¶ Znhkw 2007 tabv 21-þmw XobXn Cu D¯chv ]pds¸Sphn¨ncn¡p¶p. (H v̧) ]mem«v taml³Zmkv No v̂ C³^Àtaj³ I½njWÀ 3 (H v̧) hn.hn. Knchn.Kncn C³^Àtaj³ I½njWÀ km£ys¸-S- p- -̄ nb -]-]I-À- - -̧v-v: I-½- oj³ sk-{-{- I«dn

tIcf kÀ¡mÀ s]mXp`cW (GtIm]\) hIp v̧

\w.77000/kn.Un.F³.5/06/s]m.`.h. Xo¿Xn, Xncp,2006 HIvtSm_À 30

\¼À kÀ¡peÀþ2

hnjbw: hnhcmhImi \nbaw 2005þ ]uc³amÀ kaÀ¸n¡p¶ At]£IÄ ssIImcyw sN¿p¶Xv kw_Ôn¨ amÀ¤ \nÀt±i§Ä ]pds¸Sphn¡p¶p. ===== 2005 se hnhcmhImi \nba{]Imcw ]uc³amÀ kaÀ¸n¡p¶ At]£IÄ ssIImcyw sN¿p¶Xn\v FÃm Hm^okpIfnepw Øm]\§fnepw AknÌâv ]_vfnIv C³^Àtaj³ Hm^okÀ¡mscbpw ]_vfnIv C³^Àtaj³ Hm^okÀ¡mscbpw \ma\nÀt±iw sNt¿−Xp−v. CXp kw_Ôn¨ \nÀt±i§Ä _Ôs¸«hÀs¡Ãmw CXn\Iw \ÂInbn«p−v. ]uc³amÀ kaÀ¸n¡p¶ At]£IÄ kzoIcn¨v C³^Àtaj³ Hm^okÀamÀ¡v ssIamdpI, C³^Àtaj³ Hm^okÀamcpsSbpw A¸eäv Hm^okÀamcpsSbpw Xocpam\§Äs¡Xnsc kaÀ¸n¡p¶ A¸o lÀPnIÄ bYm{Iaw A¸eäv Hm^okÀamÀ¡pw kwØm\ C³^Àtaj³ I½oj\pw ssIamdpI F¶nhbmWv AknÌâv C³^Àtaj³ Hm^okdpsS NpaXe. ]uc³amÀ kaÀ¸n¡p¶ At]£IÄ ]cntim[n¨v _Ôs¸« s]mXp A[nImcnbpsS ssIhiapfftXm, AhÀ¡v \nbam\pkrXw {]m]yamIp¶tXm Bb hnhc§Ä, \nÝnX ^okv CuSm¡ns¡m−v ]uc³amÀ¡v e`yam¡pI, hnhcw \ÂIm³ Ignbm¯ t#sIkpIfnseSp¡p¶ Xocpam\§Ä ImcyImcWklnXw tcJmaqew At]£Isc Adnbn¡pI F¶nhbmW#v ]_vfnIv C³^Àtaj³ Hm^okÀamcpsS {][m\ NpaXeIÄ. aäv HutZymKnI IrXy§tfmsSm¸amWv AknÌâv ]_vfnIv C³^Àtaj³ Hm^okÀamcpw ]_vfnIv C³^Àtaj³ Hm^okÀamcpw B \nebnepff AhcpsS NpaXeIÄ \nÀÆlnt¡−p¶Xv. hnhcmhImi \nbas¯ kw_Ôn¨nSt¯mfw apJy \nÀÆlW DtZymKس v ]_vfnIv C³^Àtaj³ Hm^okÀ Xs¶bmWv. v ]_vfnIv C³^Àtaj³ Hm^okÀamcn \n£n]vXambn«pff NpaXeIÄ ^e{]Zambn \nÀÆln¡p¶Xn\v Bhiyamb klmbklIcW§fpw kuIcy§fpw e`yam¡m\pff D¯chmZnXzhpw

_m²yXbpw s]mXp A[nImcn (Public Authority) F¶v hnh£n¡p¶

Hm^okv/Øm]\ta[mhnIÄ¡pw, hnhc§fpsS kq£n¸pImcmb (Custodian of

information) tk£\pIÄ¡pw, DtZymKØÀ¡pap−v. Cu kmlNcy¯n hnhcmhImi \nba{]Imcw ]uc³amÀ kaÀ¸n¡p¶ At]£IÄ D¯chmZnXzt¯msSbpw Imcy£aambpw ssIImcyw sN¿p¶Xn\pw, kab_ÔnXambn XoÀ¸m¡p¶Xn\pw, _Ôs¸«hÀ \nÀÆlnt¡−p¶ NpaXeIsf kw_Ôn¨v, Xmsg¸dbp¶ amÀ¤ \nÀt±i§Ä kÀ¡mÀ ]pds¸Sphn¡p¶p. 1. Cu \nbaa\pkcn¨v hnhc§Ä¡mbn ]uc³amÀ kaÀ¸n¡p¶ At]£IÄ kab_ÔnXambn XoÀ¸mt¡−p¶Xn\mÂ, Ah ssIImcyw sN¿¶Xn\m FÃm Xe¯nepw {]tXyI {i² ]Xn¸nt¡−XmWv. 2. X]m sk£\n e`n¡p¶ At]£IÄ {]tXyIw cPnÌÀ sNt¿−Xpw, cPnÌÀ sNbvXmepS³ Ah t\cn«v, _Ôs¸« AknÌâvv ]_vfnIv C³^Àtaj³ Hm^okÀ¡v/v ]_vfnIv C³^Àtaj³ Hm^okÀ¡v ssIamtd−XpamWv. 3. At]£ ssI¸äp¶ AknÌâvv ]_vfnIv C³^Àtaj³ Hm^okÀ, At]£sb kw_Ôn¨ hniZmwi§Ä (At]£Isâ t]cv, taÂhnemkw, Bhiys¸«ncn¡p¶ hnhc§Ä, HSp¡nb ^okv F¶nh) {]tXyI cPnkädn FgpXn kq£nt¡−Xpw Xmakwhn\m cPnÌÀ klnXw At]£ AXmXv C³^Àtaj³ Hm^okÀ¡v ssIamtd−XpamWv. (]camh[n 5 Znhk¯n\pffnÂ)

4. AknÌâvv ]_vfnIv C³^Àtaj³ Hm^okÀ CÃm¯ kmlNcy¯nÂ, ]_vfnIv C³^Àtaj³ Hm^okÀ Xs¶ C{]Imcw cPnÌÀ FgpXn kq£nt¡−XmWv 5. At]£ e`n¨mepSs\ C³^Àtaj³ Hm^okÀamÀ AXv ]cntim[n¨v \nÝnX ^okv HSp¡nbn«ps−m F¶v Dd¸phcpt¯−XmWv. At]£I³ Bhiys¸«ncn¡p¶ hnhcw atäsX¦nepw s]mXp A[nImcn/hIp¸p \ÂtI−XmsW¦ntem, asämcp s]mXp A[nImcnbpambn IqSpX _Ôapff hnhcamWv At]£bn Bhiys¸«ncn¡p¶sX¦ntem, {]kvXpX At]£, atä s]mXp A[nImcn¡v ssIamtd−Xpw (]camh[n 5 Znhk¯n\pffn ) B hnhcw At]£Is\ Adnbnt¡−XpamWv. C³^Àtaj³ Hm^okÀ¡v, t\mU sk£³ aptJ\tbm, Xsâ \nb{´W¯nepff atäsX¦nepw sk£³ aptJ\tbm, CXv kw_Ôn¨ I¯nS]mSpIÄ \S¯mhp¶XmWv. ]_vfnIv C³^Àtaj³ Hm^okdpsS t]cn At±i¯nsâ ssIs¿mt¸mSpIqSn am{Xta I¯nS]mSpIÄ \S¯m³ ]mSqffq. 6 At]£I³ Bhiys¸«ncn¡p¶ hnhcw ]_vfnIv C³^Àtaj³ Hm^okdpsS \nb{´W¯nepff GsX¦nepw sk£sâ ssIhiapfftXm, \nbam\pkrXw At±i¯n\v {]m]yamIp¶tXm BsW¦n \nÝnX kab¯n\pffn t{]mkkv sNbvX kaÀ¸n¡p¶n\v, DNnXamb \nÀt±it¯msS At]£ t\cn«v _Ôs¸« sk£\ntebv¡v/Hm^okÀ¡v sImSp¡mhp¶XmWv. 7. 7. 7. 7. C³^Àtaj³ Hm^okÀamcn \n¶pw C{]Imcw e`n¡p¶ At]£IÄ _Ôs¸« sk£³/Hm^okÀamÀ ]cntim[n¨n\p tijw, AXn Bhiys¸«ncn¡p¶ hnhc§fpambn _Ôs¸« tcJIÄ, A\p_Ô ^bepIÄ F¶nhtbmsSm¸w C³^Àtaj³ Hm^okÀ¡v At]£bn³tae DNnXamb Xocpam\saSp¡m³ klmbIamb {lkzamb Hcp Ipdn¸p klnXw \nÝnX kab¯n\pffn At]£ t\cn«v C³^Àtaj³ Hm^okÀ¡v kaÀ¸nt¡−XmWv. 8. hnhcmhImi \nba{]Imcahff At]£ Gähpw efnXamb \S]Sn{Iaw kzoIcn¨v (C³^Àtaj³ Hm^okdn \n¶pw t\cn«v hnhckq£n¸pImcmb sk£\ntebv¡v/Hm^okÀ¡v, AhnsS \n¶pw XncnsI C³^Àtaj³ Hm^okÀ¡v) ]camh[n thK¯n t{]mkkv sNt¿−XmWv. Cu \nba{]Imcv At]£I³ Bhiys¸«ncn¡p¶ hnhc§Ä \ÂtI−Xpt−m/CÃtbm F¶ Imcy¯n DNnXamb Xocpam\saSp¡m\pff ]qÀ®hpw kzX{´hpamb A[nImcw C³^Àtaj³ Hm^okÀamcn \n£n]vXamWv. AXn\m km[mcW ^b t{]mkkv sN¿p¶Xn\v kznIcn¡p#n¶ \S]Sn{Ia§Ä (tae[nImcn¡v kaÀ¸n¨v A\paXn hm§nbXn\ptijw hnhc§Ä \ÂIpIsb¶ coXn) IÀi\ambpw Hgnhmt¡−XmWv. 9 9 9 9 At]£I³ Bhiys¸«n«pff hnhc§Ä hnhcmhImi \nba¯nse {]kàamb \nba¯nse {]kàamb N«§fpsSbpw, hnhcw kq£n¸pImcmb Hm^okÀamÀ/sk£\pIÄ \ÂInbn«pff tcJIÄ/^bepIÄ/Ipdn¸pIÄ F¶nhbpsSbpw shfn¨¯n ]cntim[n¨Xn\ptijw, C³^Àtaj³ Hm^okÀ¡v AXn³ta kzX{´amb Xocpam\saSp¡mhp¶XmWv. C{]Imcw Xncpam\saSp¡p¶Xn\v, C³^Àtaj³ Hm^okÀ¡v Xsâ HutZymKnI t{iWnbnse tae[nImcnbpsStbm, aäv GsX¦nepw DtZymKØcpsStbm A\paXn tXt−XnÃ. 10 At]£Ifn³ta hnhcmhImi \nba¯nse N«§Ä¡v A\pkrXambn D¯ahnizmkt¯msS bpànklamb GXp Xocpam\hpw ssIs¡mffm³ C³^Àtaj³ Hm^okÀ¡v A[nImcap−v. F¶m A¸oeneqsS C{]Imcw ssIs¡mffp¶ Xocpam\s¯ tNmZyw sN¿msa¶Xn\mÂ, Xocp\m¯n\v B[mcamb hkvXpX At±i¯n\v sXfnbn¡m³ Igntb−XmWv. 11. ]uc³amÀ Bhiys¸«n«pff hnhc§Ä \ÂIm³ Xocpam\n¨m , Ah \ÂIp¶Xn\v IqSpX ^okv HSpt¡−Xps−¦n A¡mcyhpw At]£I³ HSpt¡−p¶ ^okv

IW¡m¡nbXv F{]ImcamsW¶pw ^okv HSpt¡−p¶ kab ]cn[nbpw DS³ Xs¶ At]£Is\ Adnbnt¡−XmWv.. (At]£I³ Zmcn{ZytcJbv¡v XmsgbpffhcmsW¦n ^okv HSpt¡−XnÃ.) C{]Icmw At]£Is\ Adnbn¡p¶ Xo¿Xn (I v̄ Abbv¡p¶ Xo¿Xn) apX ^okv HSp¡nb ckoXn lmPcm¡p¶ XobXnhscbpff Imebfhv Hgn¨mbncn¡pw hnhcw \ÂtI−p¶ 30 Znhks¯ kab]cn[n IW¡m¡p¶Xv. 12. At]£I³ ^okv HSp¡nb tcJ e`n¨mepS³ At±lw Bhiys¸«o«pff hnhc§Ä \nÝnX cq]¯n (I v̄/{]nâv Hu«v/^vtfm¸n/UnkvIv XpS§nbh) Ab¨psImSpt¡−XmWv. 13. hnhc§Ä¡mbn ]uc³amÀ kaÀ¸n¡p¶ At]£IÄ \nckn¡m³ Xocpam\n¡p¶]£w, ImcyImcW§Ä At]£Is\ Adnbnt¡−XmWv. C³^Àtaj³ Hm^okdpsS Xocpam\¯ns\Xnsc A¸o ^b sNt¿−p¶ A¸eäv Hm^okdpsS hniZmwiw, A¸o kaÀ¸n¡m\pff kab]cn[n F¶nhbpw Adnbn¸n hyàamt¡−XmWv. 14. At]£I³ Bhiys¸«n«pff hnhc§WÄ Hcp aq¶mw I£nbpambn _Ôs¸«tXm, aq¶mw I£n \ÂInbtXm aq¶mw I£n clkyambn kq£n¡Wsa¶v \nÀt±in¨n«pfftXm Bb tIkpIfn {]kvXpX hnhc§Ä \ÂIp¶Xn\p ap¼v aq¶mw I£n¡v AXp kw_Ôn¨v t\m«okv \ÂtI−XmWv. (At]£ e`n¨v 5 Znhk¯n\pffnÂ) t\m«okv e`n¨Xn\p tijw 10 Znhk¯n\pffn aq¶mw IIvjn Xsâ A`n{]mbw C³^Àtaj³ Hm^oksd Adnbnt¡−XmWv. tijw 10 Znhk¯n\pffn A`n{]mbw Adnbn¨n«nsæn aq¶mw I£n¡v FXnÀ¸nÃmsb¶ A\pam\¯n C³^Àtaj³ Hm^okÀ¡v DNnXamb Xocpam\w ssIsImffmhp¶XmWv. \nÝnX Xo¿Xn¡pffn (10 Znhkw) aq¶mw I£n A`n{]mbw Adnbn¨ps«¦n At]£bn³ta Xocpam\saSp¡pt¼mÄ C³^Àtaj³ Hm^okÀ aq¶mw I£nbpsS A`n{]mbhpw ]cnKWnt¡−XmWv.. F¶m At]£bn³ta Xncpam\saSp¡pt¼mÄ aq¶mw I£nbpsS A`n{]mbt¯¡mÄ, s]mXp Xm¸cy¯n\v Bbncn¡Ww ap³KW\ \ÂtI−Xv. 15. hnhcmhImi \nba{]Imcw ]uc³amÀ kaÀ¸n¡p¶ At]£Ifpambn _Ôs¸« I¯nS]mSpIÄ (A[nI ^okv kw_Ôn¨ hnhcw Adnbn¡pI, aq¶mw I£nbpsS A`n{]mbw tXSpI, At]£I³ Bhiys¸« hnhc§Ä \ÂIpI, At]£ \nckn¡p¶ kmlNcy¯n AXv kw_Ôn¨ Adnbn v̧ \ÂIpI XpS§nbh) C³^Àtaj³ Hm^okdpsS \nÀtZim\pkcWw hnhc kq£n¸pImcmb AXmXv sk£\pIÄ/DtZymKØÀ Xs¶ \St¯−XmWv. 16. FÃm I¯nS]mSpIfpw C³^Àtaj³ Hm^okÀ F¶ \nebn¯s¶ \St¯−XmWv. I¯n At±l¯nsâ s]cpw Øm\\nÀt±iw sNbvXn«pff XkvXnIbpw (DZmlcW¯n\v, ]_vfnIv C³^Àtaj³ Hm^okÀ, s]mXp`cWhIp v̧, sk{I«dntbäv) _Ôs¸Sm\ Ignbp¶ t^m¬ \¼dpw hyàambn tcJs¸Spt¯−XmWv. CXp kw_Ôn¨ I¯nsâ \¡Â AXmXv sk£³/DtZymKØÀ Xs¶ X¿mdm¡n t\cn«v C³^Àtaj³ Hm^okÀ¡v kaÀ¸nt¡−p¶Xpw AwKoImcw e`n¨Xn\ptijw At±lw¯nsâ Is¿mt¸mSpIqSnb s^bÀ tIm¸n _Ôs¸«hÀ¡v Ab¨psImSpt¡−XpamWv. 17. At]£IÀ Bhviys¸«n«pff hnhc§Ä \nÝnX Imebfhn\pffn \ÂInbm am{Xta, At]£Icn \n¶pw ^okv CuSm¡m³ hyhØbpffq. \nÝnX Imemh[n¡ptijamWv hnhc§Ä \ÂIp¶sX¦n At]£I\v kuP\yambn hnhc§Ä \ÂtI−nhcpIbpw AXv kÀ¡mcn\v km¼¯nI \jvSw D−m¡pIbpw sN¿pw. A{]Imcap−mIp¶ km¼¯nI \jvSw AXn\v D¯chmZnIfmb ]_vfnI

C³^Àtaj³ Hm^okÀ/_\[s¸« DtZymKØÀ F¶nhcn \n¶pw CuSmt¡−nhcpsa¶pffXn\m \nÝnX kab¯n\pffn Xs¶ At]£IÀ¡v hnhc§Ä e`yam¡m³ C³^Àtaj³ Hm^okÀamÀ DÄs¸sS _Ôs¸« FÃmhcpw {]tXyI {i² ]Xn¸nt¡−XmWv. 18. hyànIfpsS Poh³, kzmX{´yw F¶nhsb _m[n¡p¶ At]£IÄ 48 aWn¡qdn\pffn XoÀ¸mt¡−XmWv. 19. hyàamb ImcW§fnÃmsX hnhcmhImi \nba{]Imcapff At]£IÄ kzoIcn¡m³ hnʽXn¡pI, \nÝnX kab¯n\pffn hnhc§Ä e`yam¡mXncn¡pI, Zpcpt±it¯msS At]£ \nckn¡pI, sXämbtXm A]qÀ®ambtXm, sXän²mcWP\IambtXm Bb hnhc§Ä t_m[]qÀÆw \ÂIpI, Bhiys¸Sp¶ hnhc§Ä \in¸n¡pI F¶o kmlNcy§fn C³^Àtaj³ Hm^okÀamcn \n¶v ]ng CuSm¡m³ C³^Àtaj³ I½oj\v A[nImcap−v. 20. C³^Àtaj³ Hm^okÀ¡v Xtâ IrXy \nÀÆlW¯n\v Bhiyapff ]£w, GXv DtZymKØsâbpw klmb klIcWw tXSmhp¶Xpw, At±iw Bhiys¸Sp¶ klmb klIcW§Ä \ÂIm³ B DtZymKس _m²yØ\pambcn¡pw. C{]Imcw Bhiydamb klmb klIcW§Ä \ÂIp¶Xn\v GsX¦nepw DtZymKس hnLmXambn \ne¡p¶ ]£w, B DtZymKØs\¯s¶ ]_vfnIv C³^Àtaj³ Hm^okdmbn IW¡m¡pIbpw, A§s\ C³^Àtaj³ Hm^okÀ F¶ \nebnepff FÃm NpaXeIfpw \nÀÆln¡m³ At±iw _m²yØ\pambncn¡pw. 21. HutZymKnI tcJIÄ, {]amW§Ä, sat½m, CþsabnÂ, A`n{]mb§Ä, D]tZi§Ä, {]Êv dneokv, Ipdn¸pIÄ, kÀ¡pedpIÄ, D¯chpIÄ, I¯pIÄ, temKv _p¡v, IcmdpIÄ, dnt¸mÀ«pIÄ, hkvXp¡fpsS km¼nfpIÄ, amXrIIÄ F¶nhsbÃmw Cu \nba{]Imcw e`yamt¡−p¶ hnhc§fpsS \nÀÆN\¯n DÄs¸Spw. 22 2005 se hnhcmhImi \nba¯n\v HutZymKnI clky \nbaw DÄs¸sSbpff aäv

\nba§fnse N«§Ä \ncmIcn¡m³ X¡ {]`mhw (overriding effect) DffXn\m \nehnepff aäv N«§fpambn Xpe\w sNt¿−nhcp¶ kµÀ`§fn hnhcmhImi \nba¯nse {]kàamb N«§fmbncn¡pw \ne\n¡p¶Xv 23. hnhcmhImi \nba{]Imcw ssIs¡mffp¶ Xocpam\§Äs¡Xnsc Iogvt¡mSXnIfn ^b sN¿p¶ hyhlmc§Ä, lÀPnIÄ, ]cmXnIÄ, aäp \S]SnIÄ F¶nh \ne\n¡pIbnÃ. F¶m hnhcmhImi \nba¯n¯s¶ hyhØ sNbvXn«pff A¸o aptJ\tbm `cW LS\bpsS BÀ«n¡Ä 226, 32 F¶nhb\pkcn v̈ bYm{Iaw sslt¡mSXnbnepw kp{]ow tImSXnbnepw dn«v lÀPn ^b sNbvtXm Cu \nba{]ImcsaSp¡p¶ Xocpam\§sf tNmZyw sN¿mhp¶XmWv. 24. C³^Àtaj³ Hm^okÀ¡v kaÀ¸n¡p¶ At]£Ifn³ta \nÝnX kab¯n\pffn Xocpam\saSp¡mXncn¡pt¼mgpw C³^Àtaj³ Hm^okÀ ssIs¡mffp¶ Xocpam\w Xr]vXnIcaÃm¯ kµÀ`§fnepw At]£IÀ¡v _Ôs¸« A¸teäv Hm^okÀ¡v A¸o \ÂImhp¶XmWv. C³^Àtaj³ Hm^okÀamÀ \nbam\pkrXw Xocpam\saSpt¡−p¶ Xo¿Xn/ C³^Àtaj³ Hm^okdpsS Xocpam\w e`nbv¡p¶ Xo¿Xn apX 30 Znhk¯n\Iw A¸o kaÀ¸nt¡−XmWv.. {]kvXpX kab¯n\pffn A¸o ^b sN¿m³ Ignªn«nsæn AXn\v aXnbmb ImcWaps−¶v A¸teäv Hm^okÀ¡v t_m[ys¸Sp¶ ]£w {]kvXpX kab]cn[n¡ptijw kaÀ¸n¡s¸Sp¶ A¸oepIfpw kzoIcn¡mhp¶XmWv. A¸oepIÄ AknÌâv C³^Àtaj³ Hm^okÀ aptJ\tbm, t\cn«v A¸eäv Hm^okÀt¡m kaÀ¸n¡mhp¶XmWv.

25. C³^Àtaj³ Hm^okÀ¡v kaÀ¸n¨ At]£bpsS ]IÀ v̧, HSp¡nb ^oknsâ hnhcw, C³^Àtaj³ Hm^okdpsS adp]Sn e`n¨n«ps−¦n AXnsâ ]IÀ v̧, aäp {]kàamb tcJIfps−¦n AhbpsS ]IÀ v̧ F¶nh A¸oent\msSm¸w kaÀ¸nt¡−XmWv. 26. X]m sk£\pIfn e`nbv¡p¶ A¸oepIÄ {]tXyIw cPnÌÀ sNbvXXn\ptijw Ah t\cn«v _Ôs¸« AknÌâv C³^Àtaj³ Hm^okÀ¡v ssIamtd−XmWv. AknÌâv C³^Àtaj³ Hm^okÀ CÃm¯ kmlNcy¯nÂ

A¸oÂ, A¸oÂhmZn (Appellant ) Bhiys¸«ncn¡p¶ hnhc§fpsS kq£n¸pImcmb sk£\nte¡v/Hm^nkÀ¡v ssIamtd−XmWv. 27. A¸o ssI¸äp¶ AknÌâv C³^Àtaj³ Hm^okÀ lÀPn¡mc³ BZyw kaÀ¸n¨ At]£bpsS hniZmwi§Ä tcJs¸Sp¯nb cPnÌdn AXntâ XpSÀ¨bmbn A¸oens\ kw_Ôn¨ hnhc§Ä tcJs¸Sp¯nbXn\ptijw A¸oen Bhiys¸«ncn¡p¶ hnhc§fpsS kq£n¸pImcmb sk£\ntebv¡v/Hm^okÀ¡v Xmakwhn\m ssIamtd−XmWv. 28. A¸o e`n¨mepS³ _Ôs¸« sk£³/Hm^okÀ lÀPn¡mcsâ BZy At]£ XoÀ¸m¡nbXpambn _Ôs¸« ^bÂ, Ipdn¸pIÄ, A\p_Ô tcJIÄ F¶nhtbmsSm¸w At¸eäv Hm^okÀ¡v A¸oen³ta \nÝnX kab¯n\pffn DNnXamb Xocpam\saSp#p¡m³ klmbIcamb l{kzamb Hcp Ipdn¸p klnXw A¸oÂ, A¸eäv Hm^okÀ¡v kaÀ¸nt¡−XmWv. 29. A¸oent\msSm¸w kaÀ¸n¡p¶ ta¸dªn«pff tcJIfpsSbpw, hnhcmhImi \nba¯nse {]kàamb N«§fpsSbpw shfn¨¯n A¸o ]cntim[n¨n\ptijw A¸teäv Hm^nkÀ \nÝnX kab¯n\pffn AXn³ta DNnXamb Xocpam\w ssIs¡mtff−XmWv. A¸teäv Hm^nkÀ C{]ImcsaSp¡p¶ Xocpam\w kw_Ôn v̈ A\´c \S]Sn kzoIcn¡p¶Xn\v A¸oepw, A\p_\v[ tcJIfpw ^bepw _Ôs¸« sk£\ntebv¡v/Hm^okÀ¡v ssIamdmhp¶XmWv. 30. A¸teäv Hm^okÀamÀ A¸oen³ta kzoIcn¡p¶ Xocpam\a\pkcnNpff XpSÀ \S]SnIÄ hnhckq£n¸pImcmb AXmXv sk£\pIÄ/Hm^okÀamÀ Xs¶ kzoIcnt¡−p¶XmWv. FÃm I¯nS]mSpIfpw A¸teäv Hm^okÀ F¶ \nebn \St¯−XmWv. A¸teäv Hm^okÀ Abbvt¡−p¶ I¯nsâ \¡Â X¿mdm¡n kaÀ¸n¡pI, At±lw AwKoIcn¨Xn\ptijw At±l¯nsâ ssIsbmt¸mSpIqSnb s^bÀ tIm¸n Abbv¡pI., A¸oen Bhiys¸« hnhc§Ä \ÂIm³ Xocpam\n¡p¶ ]£w B hnhc§fpsS tIm¸nIÄ A¸oÂhmZnbv¡v Ab¨psImSp¡pI F¶o NpaXeIfpw _Ôs¸« sk£³/Hm^nkÀamÀ \nÀÆlnt¡−p¶XmWv. 31. A¸oen³ta \nÝnX kab]cn[n¡pffn A¸teäv Hm^nkÀamÀ Xocpam\saSp#p¡mXncn¡pt¼mgpw, A¸teäv Hm^okÀ FSp¯ Xocpam\w Xr]vXnIcaÃm¯ kµÀ`§fnepw AXns\Xnsc A¸oÂhmZn¡v kwØm\ hnhcmhImi I½oj\v A¸Â \ÂImhp¶XmWv. A¸teäv Hm^okÀ \nbam\pkrXw Xocpam\saSpt¡− Xo¿Xn/A¸teäv Hm^okÀ FSp¯ Xocpam\w e`n¨ Xov¿Xn apX 30 Znhk¯n\pffn kwØm\ C³^Àtaj³ I½oj\v A¸o kaÀ¸nt¡−XmWv. kwØm\ C³^Àtaj³ I½oj³ A¸oepIÄ ssIImcyw sN¿p¶Xv kw_Ôn¨ \S]Sn{Ia§Ä 31-þ5þ2006 se 27774/kn.Un.F³.5/2006/s]m.`.h. \¼À hnÚm]\¯n hyàam¡nbn«p−v.

32. `cW{Ia¯nse FÃm taJeItfbpw kw_Ôn¨ hnhc§Ä kzmb¯amIp¶XneqsS kÀ¡mcnsâ {]hÀ¯\§Ä ka{Kambn hnebncp¯m\pw, Bhiyamb kµÀ`§fn kÀ¡mÀ Xocpam\§fnepw \bcq]oIcW¯nepw \nÀ®mbIamb kzm[o\w sNep¯m³ P\§sf {]m]vXcm¡p¶Xpamb kp{][m\ \nbaamWv 2005þse hnhcmhImi \nbaw. A[nImc \nÀÆlW¯n kpXmcyX Dd¸m¡ns¡m−v ImeXmakw, AgnaXn, kzP\]£]mXw F¶nh CÃmXm¡n Imcy£ahpw kwip²hpamb Hcp `cW{IaamWv Cu \nba¯neqsS hn`mh\ sN¿p¶Xv. Cu e£y§Ä ssIhcn¡p¶Xn\v hnhcmhImi \nbaw ^e{]Zambn \S¸nem¡p¶Xn\pw, CXv kw_Ôn¨ amÀ¤ \nÀs±i§Ä ]men¡p¶Xn\pw _Ôs¸«hscÃmw th−{X {i² ]Xn¸n¡Wsa¶v CXn\m \nÀt±in¨psImffp¶p. tPm¬ a¯mbn No^v sk{I«dn

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st June, 2005/Jyaistha 31, 1927 (Saka) The following Act of Parliament received the assent of the President on the 15th

June,

2005, and is hereby published for general information:— THE RIGHT TO INFORMATION ACT, 2005

No. 22 of 2005 [15th June, 2005.]

An Act to provide for setting out the practical regime of right to information for

citizens to secure access to information under the control of public

authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India has established democratic Republic; AND WHEREAS democracy requires an informed citizenry and transparency of

information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of

confidentiality of sensitive information;

2 THE GAZETTER OF INDIA EXTRAORDINARY [PART II— AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal; 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

Short title, extent and

commencement SECTION-1

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. Definitions. 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 organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government; (i) "record" includes— (a) any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm

(whether enlarged or not); and

(d) any other material produced by a computer or any other device;

(j) "right to information" means the right to information accessible under this Act which is held by or under the control of

any public authority and includes the right to—

(i) inspection of work, documents, records;

(ii) taking notes, extracts or certified copies of

documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes,

floppies, tapes, video cassettes or in any other electronic mode or through printouts where such

information is stored in a computer or in any other

device;

(k) "State Information Commission" means the State Information

Commission constituted under sub-section (1) of section 15; (l) "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the

State Information Commissioner appointed under sub-section (3) of section 15; (m) "State Public Information Officer" means the State Public Information

Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5; (n) "third party" means a person other than the citizen making a request for information and includes a public authority.

CHAPTER II

Right to information and obligations of public authorities

SECTION-4

3. Subject to the provisions of this Act, all citizens shall have the right to

information. 4. (1) Every public authority shall—

a) maintain all its records duly catalogued and indexed in a manner and the

form which facilitates the right to information under this Act and ensure that

all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated; b) publish within one hundred and twenty days from the enactment of this

Act,— (i) the par ticulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions;

(v) the rules, regulations, instructions, manuals and records, held by it or

under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the

formulation of its policy or implementation thereof;

(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards,

councils, committees and other bodies are open to the public, or the

minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and

employees, including the system of compensation as provided in its regulations;

(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

(xiii) particulars of recipients of concessions, permits or authorisations granted by it;

(xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

(xvi) the names, designations and other particulars of the Public Information

Officers; (xvii) such other information as may be prescribed; and thereafter update these publications every year; c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;

d) provide reasons for its administrative or quasi-judicial decisions to

affected persons. (2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the

public have minimum resort to the use of this Act to obtain information. (3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public. (4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of

communication in that local area and the information should be easily

accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation.—for the purposes of sub-sections (3) and (4), "disseminated"

means making known or communicated the information to the public

through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.

SECTION-5

Designation of Public Information Officers.

5. (1) Every public authority shall, within one hundred days of the enactment

of this Act, designate as many officers as the Central Public Information Officers

or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. (2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at

each sub-divisional level or other sub-district level as a Central Assistant Public

Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of

section 19 or the Central Information Commission or the State Information Commission, as the case may be: Provided that where an application for information or appeal is given to a Central

Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

(3) Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers 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.

SECTION-6

obtaining information. Disposal of request.

6. (1) A person, who desires to obtain any information under this Act, shall

make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made,

accompanying such fee as may be prescribed, to— (a) the Central Public Information Officer or State Public Information Officer, as

the case may be, of the concerned public authority; (b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, specifying the particulars of the information sought by him or her:

Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall

render all reasonable assistance to the person making the request orally to reduce the same in writing. (2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

(3) Where an application is made to a public authority requesting for an

information,— (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that

other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

SECTION-7

7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to

subsection Request for (3) of section 6, the Central Public Information Officer or

State Public Information Officer, as the case may be, on receipt of a request

undersection 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the

request.

(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or

State Public Information Officer, as the case may be, shall be deemed to have

refused the request. (3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public

Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—

(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under subsection (1), requesting him to deposit that fees, and the period intervening between the

despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

(b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms. (4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the

Central Public Information Officer or State Public Information Officer, as the case

may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection. (5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:

Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections

(1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. (6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a

public authority fails to comply with the time limits specified in sub-section (1). (7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11. (8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall

communicate to the person making the request,—

(i) the reasons for such rejection; (ii) the period within which an appeal against such rejection may be preferred; and (iii) the particulars of the appellate authority. (9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or

would be detrimental to the safety or preservation of the record in question.

SECTION-8

Exemption from disclosure of information.

8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to

give any citizen,— (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State,

relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; (d) information including commercial confidence, trade secrets or intellectual

property, the disclosure of which would harm the competitive position of a third

party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

(f) information received in confidence from foreign Government; (g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in

confidence for law enforcement or security purposes;

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of

Ministers, Secretaries and other officers: (ii)

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in

this section shall not be disclosed;

(j) information which relates to personal information the disclosure of which

has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate

authority, as the case may be, is satisfied that the larger public interest justifies the

disclosure of such information: Provided that the information which cannot be denied to the Parliament or a

State Legislature shall not be denied to any person. 19 of 1923. (2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of

the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any

information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made

under secton 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

Grounds for rejection to access in certain cases. SECTION-9

9. 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.

SECTION-10

Severability 10. (1) Where a request for access to information is rejected on the

ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from

disclosure under this Act and which can reasonably be severed from any part that contains exempt information.

(2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing— (a) that only part of the record requested, after severance of the record containing

information which is exempt from disclosure, is being provided; (b) the reasons for the decision, including any findings on any material question of

fact, referring to the material on which those findings were based; (c) the name and designation of the person giving the decision; (d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and

(e) his or her rights with respect to review of the decision regarding non-disclosure

of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information

Commission, as the case may be, time limit, process and any other form of access. SECTION-11

Third party information. 11. (1) Where a Central Public Information Officer or a State Public Information

Officer, as the case may be, intends to disclose any information or record, or part

thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer

or State Public Information Officer, as the case may be, intends to disclose the

information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law,

disclosure may be allowed if the public interest in disclosure outweighs in

importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to

make representation against the proposed disclosure. (3) Notwithstanding anything contained in section 7, the Central Public

Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a

decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party. (4) A notice given under sub-section (3) shall include a statement that the third party

to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

CHAPTER III

The Central Information Commission

SECTION-12

12. (1) The Central Government shall, by notification in the Official Gazette,

constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The Central Information Commission shall consist of— (a) the Chief Information Commissioner; and

(b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. (3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—

(i) the Prime Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the 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 Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.

SECTION-13

Constitution of Central Information Commission

. 13. (1) 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:

Provided that no Chief Information Commissioner shall hold office as such after he

has attained the age of sixty-five years. (2) Every Information Commissioner shall hold office 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 Information Commissioner:

Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12: Provided further that where the Information Commissioner is appointed as the

Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information

Commissioner. (3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

(4) The Chief Information Commissioner or an Information Commissioner may, at

any time, by writing under his hand addressed to the President, resign from his office: Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14. (5) The salaries and allowances payable to and other terms and conditions of service

of—

(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 inrespect 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 Term of

office and conditions

of service. 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.

SECTION-14

Removal of Chief

Information

Commissioner or Information Commissioner. 14. (1) Subject to the provisions of sub-section (3), the Chief Information

Commissioner or any Information Commissioner shall be removed from his office

only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed. (2) The President may suspend from office, and if deem necessary prohibit also from

attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything contained in sub-section (1), the President may by

order remove from office the Chief Information Commissioner or any Information

Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,— (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

(c) engages during his term of office in any paid employment outside the duties of his

office; or (d) is, in the opinion of the President, unfit to continue in office by reason of

infirmity of mind or body; or (e) has acquired such financial or other interest as is

likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner. (4) If the Chief Information Commissioner or a Information Commissioner in any

way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any

benefit or emolument arising there from 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 misbehavior.

CHAPTER IV

The State Information Commission

SECTION-15

15. (1) Every State Government shall, by notification in the Official Gazette,

constitute a body to be known as the ......... (name of the State) Information

Commission to exercise the powers conferred on, and to perform the functions

assigned to, it under this Act. (2) The State Information Commission shall consist of— (a) the State Chief Information Commissioner, and (b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

Constitution of

State Information Commission. (3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—

(i) the Chief Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in

the Legislative Assembly shall be deemed to be the Leader of Opposition.

(4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being

subjected to directions by any other authority under this Act.

(5) The State Chief Information Commissioner and the State Information

Commissioners shall be persons of eminence in public life with wide knowledge and

experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The State Chief Information Commissioner or a State Information

Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or

connected with any political party or carrying on any business or pursuing any profession. (7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette,

specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.

SECTION-16 (Term of office and conditions of service.)

16. (1) 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 ofIndia 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 theCentral Government or the State Government, his salary in respect of the service as theState 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 StateChief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment. (6) The State Government shall provide the State Chief Information Commissioner

and the State Information Commissioners with such officers and employees as may

benecessary 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.

SECTION-17 (Removal of Information Commissioner)

17. (1) Subject to the provisions of sub-section (3), the State Chief Information

Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has

on inquiry, reported that the State Chief Information Commissioner or a State

Information Commissioner, as the case may be, ought on such ground be removed. (2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made

to the Supreme Court under sub-section (1) until the Governor has passed orders on

receipt of the report of Removal of State Chief Information Commissioner or State Information Commissioner

the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State

Information Commissioner, as the case may be,— (a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or

(d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is

likely to affect prejudicially his functions as the State Chief Information Commissioner or a StateInformation 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

SECTION-18

18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to

receive and inquire into a complaint from any person,— (a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under

this Act for forwarding the same to the Central Public Information Officer or State

Public Information Officer or senior officer specified in subsection (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; (b) who has been refused access to any information requested under this Act; (c) who has not been given a response to a request for information or access to

information within the time limit specified under this Act;

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

(e) who believes that he or she has been given incomplete, misleading or false

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

(2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the

matter, it may initiate an inquiry in respect thereof. (3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same

powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:— 5 of 1908

(a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or

office;

(e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any

complaint under this Act, examine any record to which this Act applies which is

under the control of the public authority, and no such record may be withheld from it on any grounds. SECTION-19 (Appeal)

Appeal 19. (1) Any person who, does not receive a decision within the time specified

in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information

Officer or State Public Information Officer as the case may be, in each public

authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public

Information Officer or a State Public Information Officer, as the case may be, under

section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

(3) A second appeal against the decision under sub-section (1) shall lie within ninety

days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period

of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates

to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of

being heard to that third party. (5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within

thirty days of the receipt of the appeal or within such extended period not exceeding

a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. (8) In its decision, the Central Information Commission or State Information

Commission, as the case may be, has the power to—

(a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including— (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;

(iii) by publishing certain information or categories of information; (iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of subsection

(1) of section 4;

(b) require the public authority to compensate the complainant for any loss or other detriment suffered; (c) impose any of the penalties provided under this Act; (d) reject the application. (9) The Central Information Commission or State Information Commission, as the

case may be, shall give notice of its decision, including any right of appeal, to the

complainant and the public authority.

(10) The Central Information Commission or State Information Commission, as the

case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

SECTION-20 (Penalties)

Penalties 20. (1) Where the Central Information Commission or the State

Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause,

refused to receive an application for information or has not furnished information within the time specified under sub-

section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or

information is furnished, so however, the total amount of such penalty shall not

exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently

shall be on the Central Public Information Officer or the State Public Information

Officer, as the case may be. (2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and

persistently, failed to receive an application for information or has not furnished information within the time specified under subsection (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer

or the State Public Information Officer, as the case may be, under the service rules

applicable to him. CHAPTER VI

Miscellaneous

SECTION-21 (Protection of action taken in good faith)

21. 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 there under.

SECTION-22 (Overriding of Official Secrets Act, 1923)

22. The provisions of this Act shall have effect notwithstanding anything inconsistent

therewith contained in the Official Secrets Act, 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.

SECTION-23 (Bar of Jurisdiction of Courts)

23. 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. SECTION-24 (Act not to apply to certain organisations)

24. (1) Nothing contained in this Act shall apply to the intelligence and security

organisations specified in the Second Schedule, being organisations established by

the Central Government or any information furnished by such organisations to thatGovernment: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of

allegations of violation of human rights, the information shall only be provided after

the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation

established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule. (3) Every notification issued under sub-section (2) shall be laid before each House of Parliament. (4) Nothing contained in this Act shall apply to such intelligence and security

organisation being organisations established by the State Government, as that

Government may, from time to time, by notification in the Official Gazette, specify: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of

allegations

of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything

contained in section 7, such information shall be provided within forty-five days

from the date of the receipt of request. (5) Every notification issued under sub-section (4) shall be laid before the State Legislature. SECTION-25

25. (1) The Central Information Commission or State Information Commission, as

the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.

(2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information

Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section. (3) Each report shall state in respect of the year to which the report relates,—

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

(b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked; (c) the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of

the appeals and the outcome of the appeals;

(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act; (e) the amount of charges collected by each public authority under this Act; (f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;

(g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information. (4) The Central Government or the State Government, as the case may be, may, as

soon as practicable after the end of each year, cause a copy of the report of the

Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House. (5) If it appears to the Central Information Commission or State Information

Commission, as the case may be, that the practice of a public authority in relation to

the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

SECTION-26

Monitoring and Reporting

Appropriate Government

to prepare programmes 26. (1) The appropriate Government may, to the extent of availability of financial

and other resources,— (a) develop and organise educational programmes to advance the understanding of

the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act; (b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves; (c) promote timely and effective dissemination of accurate

information by public authorities about their activities; and

(d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves. (2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing

suchinformation, in an easily comprehensible form and manner, as may reasonably

be required by a person who wishes to exercise any right specified in this Act. (3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include— (a) the objects of this Act;

(b) the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5; (c) the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;

(d) the assistance available from and the duties of the Central Public Information

Officer or State Public Information Officer, as the case may be, of a public authority under this Act; (e) the assistance available from the Central Information Commission or State Information Commission, as the case may be; (f) all remedies in law available regarding an act or failure to act in respect of a right

or duty conferred or imposed by this Act including the manner of filing an appeal to

the Commission; (g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;

(h) the notices regarding fees to be paid in relation to requests for access to an

information; and (i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.

(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.

SECTION-27

27. (1) The appropriate Government may, by notification in the Official Gazette,

make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4; (b) the fee payable under sub-section (1) of section 6;

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

(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 Power to make rules by appropriate Government sub-section (6) of section 16;

(e) the procedure to be adopted by the Central Information Commission or State

Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and (f) any other matter which is required to be, or may be, prescribed.

SECTION-28

28. (1) The competent authority may, by notification in the Official Gazette, make

rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) the cost of the medium or print cost price of the materials to be disseminated

under sub-section (4) of section 4;

(ii) the fee payable under sub-section (1) of section 6; (iii) the fee payable under sub-section (1) of section 7; and (iv) any other matter which is required to be, or may be, prescribed Power to make rules by competent authority.

SECTION-29

29. (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, fora total period of thirty days which may be comprised in one session or in

two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be

made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment

shall be without prejudice to the validity of anything previously done under that rule. (2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature. Laying of rules.

SECTION-30

30. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of two years

from the date of the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. Power to remove difficulties. Repeal 31. The Freedom of Information Act, 2002 is hereby repealed. 5 of 2003

THE FIRST SCHEDULE

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

Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner "I, ....................., having been appointed Chief Information Commissioner /Information Commissioner / State Chief Information Commissioner / State

Information Commissioner swear in the name of God solemnly affirm that I will bear true faith and 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 ill-will and that I will uphold the Constitution and the laws.".

THE SECOND SCHEDULE (See section 24)

Intelligence and security organisation established by the Central Government

1. Intelligence Bureau. 2. Research and Analysis Wing 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 Frontier Force. 9. Border Security Force. 10. Central Reserve Police Force.

11. Indo-Tibetan Border Police. 12. Central Industrial Security Force.

13. National Security Guards. MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 21st June, 2005/Jyaistha 31, 1927 (Saka) The following Act of Parliament received the assent of the President on the 15th

June, 2005, and is hereby published for general information:—

THE RIGHT TO INFORMATION ACT, 2005 No. 22 of 2005

[15th June, 2005.] An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public

authorities, in order to promote transparency and accountability in the

working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India has established democratic Republic; AND WHEREAS democracy requires an informed citizenry and transparency of

information which are vital to its functioning and also to contain corruption and to

hold Governments and their instrumentalities accountable to the governed; AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

2 THE GAZETTER OF INDIA EXTRAORDINARY [PART II— AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal; 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

Short title,

extent and commencement

SECTION-1

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. Definitions. 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 organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; (i) "record" includes—

(a) any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document;

(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device; (j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and

includes the right to—

(i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such

information is stored in a computer or in any other device;

(k) "State Information Commission" means the State Information Commission constituted under sub-section (1) of section 15; (l) "State Chief Information Commissioner" and "State Information Commissioner" mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15;

(m) "State Public Information Officer" means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5; (n) "third party" means a person other than the citizen making a request for information and includes a public authority.

CHAPTER II

Right to information and obligations of public authorities

SECTION-4

3. Subject to the provisions of this Act, all citizens shall have the right to

information. 4. (1) Every public authority shall—

a) maintain all its records duly catalogued and indexed in a manner and the

form which facilitates the right to information under this Act and ensure that

all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to

such records is facilitated;

b) publish within one hundred and twenty days from the enactment of this Act,— (i) the par ticulars of its organisation, functions and duties;

(ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including

channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

(vi) a statement of the categories of documents that are held by it or under its control;

(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the

purpose of its advice, and as to whether meetings of those boards,

councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its

regulations;

(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations

granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

(xvi) the names, designations and other particulars of the Public Information

Officers; (xvii) such other information as may be prescribed; and thereafter update these publications every year; c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;

d) provide reasons for its administrative or quasi-judicial decisions to

affected persons. (2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to

provide as much information suo motu to the public at regular intervals

through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. (3) For the purposes of sub-section (1), every information shall be

disseminated widely and in such form and manner which is easily accessible to the public.

(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central

Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print

cost price as may be prescribed. Explanation.—for the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of

offices of any public authority. SECTION-5

Designation of Public Information Officers. 5. (1) Every public authority shall, within one hundred days of the enactment

of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. (2) Without prejudice to the provisions of sub-section (1), every public authority

shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of

section 19 or the Central Information Commission or the State Information

Commission, as the case may be: Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

(3) Every Central Public Information Officer or State Public Information Officer, as

the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

(4) The Central Public Information Officer or State Public Information Officer, as

the case may be, may seek the assistance of any other officer as he or she considers 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.

SECTION-6

obtaining

information.

Disposal of

request.

6. (1) A person, who desires to obtain any information under this Act, shall

make a request in writing or through electronic means in English or Hindi or in

the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority; (b) the Central Assistant Public Information Officer or State Assistant Public

Information Officer, as the case may be, specifying the particulars of the information sought by him or her: Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

(2) An applicant making request for information shall not be required to give any

reason for requesting the information or any other personal details except those that may be necessary for contacting him. (3) Where an application is made to a public authority requesting for an information,— (i) which is held by another public authority; or

(ii) the subject matter of which is more closely connected with the functions

of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be

made as soon as practicable but in no case later than five days from the date of receipt of the application.

SECTION-7

7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to

subsection Request for (3) of section 6, the Central Public Information Officer or

State Public Information Officer, as the case may be, on receipt of a request undersection 6 shall, as expeditiously as possible, and in any case within thirty days

of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

(2) If the Central Public Information Officer or State Public Information Officer, as

the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request. (3) Where a decision is taken to provide the information on payment of any

further fee representing the cost of providing the information, the Central Public

Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving— (a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under subsection

(1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section; (b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit,

process and any other forms.

(4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.

(5) Where access to information is to be provided in the printed or in any

electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:

Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections

(1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.

(6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a

public authority fails to comply with the time limits specified in sub-section (1). (7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.

(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall

communicate to the person making the request,— (i) the reasons for such rejection; (ii) the period within which an appeal against such rejection may be preferred; and (iii) the particulars of the appellate authority. (9) An information shall ordinarily be provided in the form in which it is sought

unless it would disproportionately divert the resources of the public authority or

would be detrimental to the safety or preservation of the record in question. SECTION-8

Exemption from disclosure of

information. 8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to

give any citizen,— (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third

party, unless the competent authority is satisfied that larger public interest warrants

the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; (f) information received in confidence from foreign Government;

(g) information, the disclosure of which would endanger the life or physical

safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or

apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the

material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted

invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the

case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. 19 of 1923. (2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of

the exemptions permissible in accordance with sub-section (1), a public authority

may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made

under secton 6 shall be provided to any person making a request under that section:

Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. Grounds for rejection to

access in certain cases. SECTION-9

9. 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. SECTION-10

Severability 10. (1) Where a request for access to information is rejected on the

ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from

disclosure under this Act and which can reasonably be severed from any part that

contains exempt information. (2) Where access is granted to a part of the record under sub-section (1), the

Central Public Information Officer or State Public Information Officer, as the case

may be, shall give a notice to the applicant, informing— (a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being

provided; (b) the reasons for the decision, including any findings on any

material question of fact, referring to the material on which those findings were based; (c) the name and designation of the person giving the decision; (d) the details of the fees calculated by him or her and the amount

of fee which the applicant is required to deposit; and (e) his or her rights with respect to review of the decision regarding non-disclosure

of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access. SECTION-11

Third party

information. 11. (1) Where a Central Public Information Officer or a State Public Information

Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central

Public Information Officer or State Public Information Officer, as the case may be,

shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be

disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Central Public Information Officer or State

Public Information Officer, as the case may be, under sub-section (1) to a third

party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. (3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall,

within forty days after receipt of the request under section 6, if the third party has

been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

(4) A notice given under sub-section (3) shall include a statement that the third party

to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

CHAPTER III

The Central Information Commission

SECTION-12

12. (1) The Central Government shall, by notification in the Official Gazette,

constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The Central Information Commission shall consist of— (a) the Chief Information Commissioner; and (b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. (3) The Chief Information Commissioner and Information Commissioners shall be

appointed by the President on the recommendation of a committee consisting of—

(i) the Prime Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the 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 Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the

Central Government, establish offices at other places in India. SECTION-13

Constitution of Central

Information

Commission . 13. (1) 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:

Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years. (2) Every Information Commissioner shall hold office 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 Information Commissioner:

Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12: Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years

in aggregate as the Information Commissioner and the Chief Information

Commissioner. (3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

(4) The Chief Information Commissioner or an Information Commissioner may, at

any time, by writing under his hand addressed to the President, resign from his office: Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14. (5) The salaries and allowances payable to and other terms and conditions of service

of— (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

inrespect 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 Term of

office and conditions

of service. 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. SECTION-14

Removal of Chief Information

Commissioner or

Information Commissioner. 14. (1) Subject to the provisions of sub-section (3), the Chief Information

Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity

after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed. (2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the

Supreme Court under

sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information

Commissioner, as the case may be,—

(a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or

(c) engages during his term of office in any paid employment outside the duties of his

office; or (d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is

likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.

(4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from 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 misbehavior. CHAPTER IV

The State Information Commission

SECTION-15

15. (1) Every State Government shall, by notification in the Official Gazette,

constitute a body to be known as the ......... (name of the State) Information

Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The State Information Commission shall consist of— (a) the State Chief Information Commissioner, and (b) such number of State Information Commissioners, not exceeding ten, as

may be deemed necessary.

Constitution of State Information Commission. (3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a

committee consisting of— (i) the Chief Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised

as such, the Leader of the single largest group in opposition of the Government in

the Legislative Assembly shall be deemed to be the Leader of Opposition. (4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised

or done by the State Information Commission autonomously without being

subjected to directions by any other authority under this Act. (5) The State Chief Information Commissioner and the State Information

Commissioners shall be persons of eminence in public life with wide knowledge and

experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The State Chief Information Commissioner or a State Information

Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or

connected with any political party or carrying on any business or pursuing any profession. (7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette,

specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State. SECTION-16 (Term of office and conditions of service.)

16. (1) 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 ofIndia 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 theCentral Government or the State Government, his salary in respect of the service as theState 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

StateChief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment. (6) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may benecessary 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. SECTION-17 (Removal of Information Commissioner)

17. (1) Subject to the provisions of sub-section (3), the State Chief Information

Commissioner or a State Information Commissioner shall be removed from his

office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed. (2) The Governor may suspend from office, and if deem necessary prohibit also

from attending the office during inquiry, the State Chief Information Commissioner

or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of Removal of State Chief Information Commissioner or State Information Commissioner the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the Governor may by

order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,—

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his

office; or (d) is, in the opinion of the Governor, unfit to continue in office by reason of

infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a StateInformation 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

SECTION-18

18. (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,— (a) who has been unable to submit a request to a Central Public Information Officer

or State Public Information Officer, as the case may be, either by reason that no

such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in subsection (1) of section 19

or the Central Information Commission or the State Information Commission, as the case may be; (b) who has been refused access to any information requested under this Act; (c) who has not been given a response to a request for information or access to information within the time limit specified under this Act; (d) who has been required to pay an amount of fee which he or she considers

unreasonable;

(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. (2) Where the Central Information Commission or State Information Commission,

as the case may be, is satisfied that there are reasonable grounds to inquire into the

matter, it may initiate an inquiry in respect thereof. (3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same

powers as are vested in a civil court while trying a suit under the Code of Civil

Procedure, 1908, in respect of the following matters, namely:— 5 of 1908 (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

(b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit;

(d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and (f) any other matter which may be prescribed.

(4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the

State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds. SECTION-19 (Appeal)

Appeal 19. (1) Any person who, does not receive a decision within the time specified

in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information

Officer or State Public Information Officer as the case may be, in each public

authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Where an appeal is preferred against an order made by a Central Public

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

Commission:

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (4) If the decision of the Central Public Information Officer or State Public

Information Officer, as the case may be, against which an appeal is preferred relates

to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

(5) In any appeal proceedings, the onus to prove that a denial of a request was

justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request. (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within

thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for

reasons to be recorded in writing. (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding. (8) In its decision, the Central Information Commission or State Information

Commission, as the case may be, has the power to— (a) require the public authority to take any such steps as may be necessary to secure

compliance with the provisions of this Act, including— (i) by providing access to information, if so requested, in a particular form; (ii) by appointing a Central Public Information Officer or State Public Information Officer, as the case may be; (iii) by publishing certain information or categories of information;

(iv) by making necessary changes to its practices in relation to the maintenance,

management and destruction of records; (v) by enhancing the provision of training on the right to information for its officials; (vi) by providing it with an annual report in compliance with clause (b) of subsection (1) of section 4;

(b) require the public authority to compensate the complainant for any loss or other

detriment suffered; (c) impose any of the penalties provided under this Act; (d) reject the application. (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the

complainant and the public authority. (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed. SECTION-20 (Penalties)

Penalties 20. (1) Where the Central Information Commission or the State

Information Commission, as the case may be, at the time of deciding any complaint

or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or

knowingly given incorrect, incomplete or misleading information or destroyed

information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or

information is furnished, so however, the total amount of such penalty shall not

exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of

being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently

shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. (2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is

of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and

persistently, failed to receive an application for information or has not furnished information within the time specified under subsection (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall

recommend for disciplinary action against the Central Public Information Officer

or the State Public Information Officer, as the case may be, under the service rules applicable to him.

CHAPTER VI

Miscellaneous

SECTION-21 (Protection of action taken in good faith)

21. 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 there under. SECTION-22 (Overriding of Official Secrets Act, 1923)

22. The provisions of this Act shall have effect notwithstanding anything inconsistent

therewith contained in the Official Secrets Act, 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. SECTION-23 (Bar of Jurisdiction of Courts)

23. 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. SECTION-24 (Act not to apply to certain organisations)

24. (1) Nothing contained in this Act shall apply to the intelligence and security

organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to thatGovernment:

Provided that the information pertaining to the allegations of corruption and human

rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after

the approval of the Central Information Commission, and notwithstanding anything

contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (2) The Central Government may, by notification in the Official Gazette, amend the

Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already

specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule. (3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that

Government may, from time to time, by notification in the Official Gazette, specify: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Provided further that in the case of information sought for is in respect of allegations

of violation of human rights, the information shall only be provided after the

approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request. (5) Every notification issued under sub-section (4) shall be laid before the State Legislature. SECTION-25

25. (1) The Central Information Commission or State Information Commission, as

the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government. (2) Each Ministry or Department shall, in relation to the public authorities within

their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section. (3) Each report shall state in respect of the year to which the report relates,—

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

(b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked; (c) the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of

the appeals and the outcome of the appeals;

(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act; (e) the amount of charges collected by each public authority under this Act;

(f) any facts which indicate an effort by the public authorities to administer and

implement the spirit and intention of this Act; (g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement,

modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to

access information. (4) The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case

may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two

Houses, and where there is one House of the State Legislature before that House. (5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps

which ought in its opinion to be taken for promoting such conformity. SECTION-26

Monitoring and Reporting Appropriate Government

to prepare

programmes 26. (1) The appropriate Government may, to the extent of availability of financial

and other resources,— (a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the

rights contemplated under this Act; (b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves; (c) promote timely and effective dissemination of accurate information by public authorities about their activities; and (d) train Central Public Information Officers or State Public Information Officers,

as the case may be, of public authorities and produce relevant training materials for

use by the public authorities themselves. (2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing suchinformation, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.

(3) The appropriate Government shall, if necessary, update and publish the

guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include— (a) the objects of this Act;

(b) the postal and street address, the phone and fax number and, if available,

electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5; (c) the manner and the form in which

request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;

(d) the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act; (e) the assistance available from the Central Information Commission or State

Information Commission, as the case may be; (f) all remedies in law available regarding an act or failure to act in respect of a right

or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission; (g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4; (h) the notices regarding fees to be paid in relation to requests for access to an

information; and

(i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act. (4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals. SECTION-27

27. (1) The appropriate Government may, by notification in the Official Gazette,

make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;

(b) the fee payable under sub-section (1) of section 6; (c) the fee payable under sub-sections (1) and (5) of section 7; (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 Power to make rules by appropriate Government sub-section (6) of section 16;

(e) the procedure to be adopted by the Central Information Commission or State

Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and (f) any other matter which is required to be, or may be, prescribed. SECTION-28

28. (1) The competent authority may, by notification in the Official Gazette, make

rules to carry out the provisions of this Act.

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

(i) the cost of the medium or print cost price of the materials to be disseminated

under sub-section (4) of section 4; (ii) the fee payable under sub-section (1) of section 6; (iii) the fee payable under sub-section (1) of section 7; and

(iv) any other matter which is required to be, or may be, prescribed Power to make rules by competent authority. SECTION-29

29. (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, fora total period of thirty days which may be comprised in one session or in

two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in

making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(2) Every rule made under this Act by a State Government shall be laid, as soon as

may be after it is notified, before the State Legislature. Laying of rules. SECTION-30

30. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be

necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. Power to remove difficulties. Repeal 31. The Freedom of Information Act, 2002 is hereby repealed. 5 of 2003

THE FIRST SCHEDULE

[See sections 13 (3) and 16(3)] Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner "I, ....................., having been appointed Chief Information Commissioner

/Information Commissioner / State Chief Information Commissioner / State

Information Commissioner swear in the name of God solemnly affirm that I will bear true faith and 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 ill-will and that I will uphold the Constitution and the laws.".

THE SECOND SCHEDULE (See section 24)

Intelligence and security organisation established by the Central Government

1. Intelligence Bureau.

2. Research and Analysis Wing 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 Frontier Force. 9. Border Security Force. 10. Central Reserve Police Force.

11. Indo-Tibetan Border Police. 12. Central Industrial Security Force.

13. National Security Guards. 14. Assam Rifles. 15. Special Service Bureau 16. Special Branch (CID), Andaman and Nicobar. 17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.

18. Special Branch, Lakshadweep Police.

T. K. VISWANATHAN, Secy. to the Govt. of India.

Printed by THE Manager, Government of India Press, Minto Road, New Delhi and Published by the Controller of Publications, Delhi, 2005. MGIPMRND—1359GI(S3)—22-06-2005.

SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 23

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 Frontier Force.

9. Border Security Force.

10. Central Reserve Police Force. 11. Indo-Tibetan Border Police. 12. Central Industrial Security Force. 13. National Security Guards. 14. Assam Rifles.

15. Special Service Bureau

16. Special Branch (CID), Andaman and Nicobar. 17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli. 18. Special Branch, Lakshadweep Police.

14. Assam Rifles.

15. Special Service Bureau 16. Special Branch (CID), Andaman and Nicobar. 17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.

18. Special Branch, Lakshadweep Police. T. K. VISWANATHAN,

Secy. to the Govt. of India.

Printed by THE Manager, Government of India Press, Minto Road, New Delhi and Published by the Controller of Publications, Delhi, 2005. MGIPMRND—1359GI(S3)—22-06-2005.

SEC.1 THE GAZETTE OF INDIA EXTRAORDINARY 23 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 Frontier Force. 9. Border Security Force.

10. Central Reserve Police Force.

11. Indo-Tibetan Border Police. 12. Central Industrial Security Force. 13. National Security Guards. 14. Assam Rifles. 15. Special Service Bureau

16. Special Branch (CID), Andaman and Nicobar. 17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli. 18. Special Branch, Lakshadweep Police.