IN THE HON’BLE HIGH
COURT OF JUDICATURE AT ALLAHABAD.
(Under Article 226 of
constitution of India)
Annexure No.
Civil Misc. Writ Petition
No. of 2004
(District – Agra)
Institute of Rewriting Indian History Through its Founder President, P. N. Oak.
S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007 and
another…………..Pettioners
VERSUS
Union of India through
Secretary,
Human Resources
and Development (HRD),
Government of
India, New Delhi. ……………….Respondents
THE FREEDOM OF INFORMATION
ACT, 2002
[Act No. 5 OF 2003]
6th January, 2003
An Act to provide for freedom to every citizen
to secure access to information under the control of public authorities,
consistent with public interest, in order to promote openness, transparency and
accountability in administration and in relation to matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Fifty-third
Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and
commencement.
(1)
This Act may be called the Freedom of Information Act, 2002.
(2)
It extends to the whole of India except the State of Jammu and Kashmir.
(3)
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. Definitions.
In
this Act, unless the context otherwise requires,-
(a) "appropriate Government" means
in relation to a public authority
established, constituted, owned,
substantially financed by
funds provided directly or indirectly or controlled-
(i)
by the Central Government, the Central Government;
(ii)
by the State Government, the State Government;
(iii)
by the Union territory, the Central Government;
(b) "competent authority" means-
(i)
the Speaker in
the case of the House of the
People or the Legislative Assembly
and the Chairman in the case of the Council of States or the Legislative Council;
(ii)
the Chief Justice of India in the case of the Supreme Court;
(iii)
the Chief Justice of the High Court in the case of a High Court;
(iv)
the President or the Governor, as the case may be, in the case of other
authorities created by or under the Constitution;
(v)
the administrator appointed under article 239 of the Constitution;
(c)"freedom of information" means the right
to obtain information from any public authority by
means of,-
(i)
inspection, taking of extracts and notes;
(ii)
certified copies of any records of such public authority;
(iii)
diskettes, floppies or in any other electronic mode or through
print-outs where such information is stored in a computer or
in any other device;
(d) "information" means
any material in any form
relating to the administration, operations or decisions
of a public authority;
(e)
"prescribed" means
prescribed by rules made under this Act by the appropriate Government or the
competent authority, as the case may be;
(f)
"public authority" means any authority or body established
or constituted,-
(i)
by or under the Constitution;
(ii)
by any law made by the appropriate Government, and includes
any other body
owned, controlled or
substantially financed by funds
provided directly or indirectly by the appropriate Government;
(g) "Public Information Officer" means
the Public Information Officer appointed under sub-section (1) of section 5;
(h) "record" includes-
(i)
any document, manuscript and file;
(ii)
any microfilm, microfiche and facsimile copy of a document;
(iii)
any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(iv)
any other material produced by a computer or by any other device;
(i)
"third party"
means a person other than
the person making a request for information and includes a
public authority.
CHAPTER II
FREEDOM OF INFORMATION AND
OBLIGATIONS OF PUBLIC AUTHORITIES
3. Freedom of information.
Subject
to the provisions of this Act, all citizens shall have freedom of information.
4. Obligations on public authorities
Every
public authority shall-
(a)
maintain all its records, in such manner and form as is consistent with its
operational requirements duly catalogued and indexed;
(b)
publish at such intervals as may be prescribed by the appropriate Government or
competent authority,-
(i)
the particulars of its organisation, functions and duties;
(ii)
the powers and duties of its officers and employees
and the procedure followed by
them in the decision making process;
(iii)
the norms set by the public authority for the discharge of its functions;
(iv)
rules, regulations, instructions, manuals and other categories of records under
its control used by its employees for discharging its functions;
(v)
the details of facilities available to citizens for
obtaining information; and
(vi)
the name, designation
and other particulars of
the Public Information Officer;
(c)
publish all relevant facts concerning important decisions
and policies that affect the public while announcing such
decisions and policies;
(d)
give reasons for
its decisions, whether
administrative or quasi-judicial
to those affected by such decisions;
(e)
before initiating any project, publish or communicate
to the public generally or to the persons affected or
likely to be affected by the project in
particular, the facts available to it or to which it has reasonable access which in its opinion should
be known to them in the best interests
of natural justice and promotion
of democratic principles.
5. Appointment of Public
Information Officers.
(1) Every
public authority shall for
the purposes of this Act, appoint one
or more officers as Public
Information Officers.
(2) Every
Public Information Officer shall
deal with requests for information and
shall render reasonable
assistance to any
person seeking such information.
(3) The
Public Information Officer may
seek the assistance of any other
officer as he considers necessary
for the proper discharge of his duties.
(4)
Any officer whose assistance has been sought under sub-section (3), shall
render all assistance to the Public
Information Officer seeking his
assistance.
6. Request for obtaining
information.
A
person desirous of obtaining information
shall make a request in writing or through
electronic means, to the
concerned Public Information Officer
specifying the particulars of the
information sought by him:
Provided
that where such request cannot be made in writing, the Public Information
Officer shall render all reasonable assistance to the person making the request
orally to reduce it in writing.
7. Disposal of requests.
(1)
On receipt of a request under section 6, the
Public Information Officer shall,
as expeditiously as possible, and in
any case within thirty days of
the receipt of the request, either provide the information
requested on 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 and liberty of a
person, the same should be provided within
forty-eight hours of the receipt of the request:
Provided further that where it is decided to provide
the information on payment of any further fee representing the
cost of providing the information, he
shall send an intimation to the
person making the request,
giving the details of the fees determined by him, requesting him to
deposit the fees and the
period intervening between
the despatch of the said
intimation and payment of fees shall be excluded for the purpose of calculating the period of
thirty days referred to above.
(2) Before
taking any decision under
sub-section (1), the
Public Information Officer shall
take into consideration the
representation made by a third party under section 11.
(3) Where
a request is rejected under
sub-section (2), the Public
Information
Officer shall communicate to the person making request,-
(i)
the reasons for such rejection;
(ii)
the period within which an appeal against such rejections may be preferred;
(iii)
the particulars of the appellate authority.
(4) Information shall ordinarily be provided in
the form in which it is sought unless it would disproportionately
divert the resources of the public
authority or would
be detrimental to the
safety or preservation of the
record in question.
8. Exemption from disclosure of information.
(1)
Notwithstanding anything hereinbefore contained, the following information not
being information relating to any matter referred to in sub-section
(2), shall be exempted from disclosure, namely:-
(a)
information, the disclosure of which
would prejudicially affect the sovereignty
and integrity of India,
security of the
State, strategic scientific or
economic interest of India
or conduct of international relations;
(b)
information, the disclosure of which
would prejudicially affect public safety and order, detection and investigation
of an offence or which may lead to an
incitement to commit an offence or prejudicially affect fair trial or
adjudication of a pending case;
(c)
information, the disclosure of which
would prejudicially affect the conduct
of Centre-State relations, including information exchanged in confidence
between the Central and State
Governments or any of their authorities or agencies;
(d)
Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other
officers;
(e)
minutes or records of advice including legal advice, opinions or recommendations made by any officer of a public authority
during the decision making
process prior to the executive
decision or policy formulation;
(f)
trade or commercial secrets protected by law or information, the disclosure of which would prejudicially
affect the legitimate economic and
commercial interests or the competitive position of
a public authority; or would cause unfair gain or loss to any
person; and
(g)
information, the disclosure of which may result in the breach of privileges of
Parliament or the
Legislature of a
State, or contravention of a
lawful order of a court.
(2) Subject
to the provisions of clause (a) of sub-section (1), any information relating
to any occurrence, event or
matter which has taken
place occurred or happened twenty-five years before the date on which any
request is made under section 6 shall be provided to any
person making a request under that section:
Provided that where any question arises as to the date
from which the said period of
twenty-five years has to be computed, the decision of the Central Government shall be final.
9. Grounds for refusal to
access in certain cases.
Without
prejudice to the provisions of section 8, a Public Information Officer may
reject a request for information also where such request-
(a)
is too
general in nature or is of such a
nature that, having regard
to the volume
of information required to be retrieved
or processed would involve unreasonable
diversion of the resources of a
public authority or would adversely
interfere with the functioning of such authority:
Provided that
where such request is rejected on the ground that the request is too general, it would be the
duty of the Public Information Officer to render help as far as possible to the
person making request to reframe his request in such a manner as ay
facilitate compliance with it;
(b)
relates to information that is required by law, rules, regulations or orders to
be published at a particular time and such information is likely to be
so published within thirty days of the receipt of such request;
(c)
relates to information that is contained
in published material available to public; or
(d)
relates to information which would cause unwarranted invasion of the privacy of any person.
10. Severability.
(1) If a
request for access to information
is rejected on the ground that it
is in relation to information which is exempted
from disclosure, then notwithstanding anything contained in this Act, access may be given to that part
of the record which does not obtain any information that is exempted from
disclosure under this Act and which can
reasonably be severed from
any part
that contains exempted information.
(2)
Where access is granted to a part of the record in accordance with sub-section
(1), the person making the request shall be informed,-
(a)
that only part of the record requested,
after severance of the record
containing information which is
exempted from disclosure, is being
furnished; and
(b)
of the
provisions of the Act under which the
severed part is exempted from disclosure.
11. Third party information.
(1)
Where a public authority intends to disclose any information or record, or part
thereof, on a request made under this Act which relates to, or has been
supplied by a third party and has been
treated as confidential by that third party, the Public Information Officer shall, within
twenty-five days from the receipt of a request, give written notice to such third
party of the request and of the fact
that the public authority intends
to disclose the information or record, or part thereof:
Provided that
except in the case of trade or
commercial secrets protected by law, disclosure may be allowed if the
public interest in disclosure outweighs
in importance any possible harm or injury to the interests of such third party.
(2) Where
a notice is given by the Public Information Officer under sub-section (1)
to a third party in respect of
any information or record or part thereof, the third party
shall, within twenty days from the
date of issuance of notice, be given the
opportunity to make representation against the proposed
disclosure.
(3) Notwithstanding anything
contained in section 7, the Public Information Officer
shall, within sixty days after
receipt of the request
under section 6, if the third party has
been given an opportunity to
make representation under
sub-section (2), make a
decision as to whether or not to disclose the information or record or
part thereof and give in writing the notice of his
decision to the third party.
(4) A
notice given under sub-section (3) shall include a
statement that the third party to whom the notice is given is entitled
to prefer an appeal against the decision under section 12.
12. Appeals.
(1) Any person aggrieved by a decision of the
Public Information Officer may,
within thirty days of
receipt of such decision, prefer an appeal to such
authority as may be prescribed:
Provided
that such authority may entertain the appeal after the expiry of the
said period of
thirty days if it is satisfied
that the appellant was prevented by sufficient cause from filing
the appeal in time.
(2) A second appeal against the decision under
sub-section (1) shall lie within thirty days of such decision, to the
Central Government or the State Government or the competent authority, as the
case may be:
Provided that the Central Government or the State Government
or the competent authority,
as the case may be, may
entertain the appeal after
the expiry of the said period of thirty days if it is satisfied
that the appellant was prevented by
sufficient cause from filing the appeal
in time.
(3) The
appeals referred to in
sub-sections (1) and (2) shall
be disposed of within
thirty days of the receipt of
such appeals or within
such extended period, as the case
may be, for reasons to be recorded in writing.
(4) If the
decision of the Public Information Officer against which the
appeal is preferred under sub-section (1) or sub-section (2) also
relates to information of third party,
the appellate authority shall give a
reasonable opportunity of being heard t that party.
CHAPTER III
MISCELLANEOUS
13. Protection of action taken in good faith.
No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under
this Act or any rule made thereunder.
14. Act to have overriding effect.
The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in the Official
Secrets Act, 1923 (19 of 1923), and any other law for the time being in force
or in any instrument having effect by virtue of any law other than this Act.
15. Bar of jurisdiction of courts.
No
court shall entertain any suit, application
or other proceeding in respect of
any order made under this
Act and no such order shall be called in question otherwise than by way
of an appeal under this Act.
16. Act not to apply to certain organizations.
(1)
Nothing contained in this Act
shall apply to
the intelligence and
security organisations,
specified in the
Schedule, being organizations established by the Central Government or any information
furnished by such organisations to that Government.
(2) The
Central Government may, by notification in
the Official
Gazette, amend
the Schedule by
including therein any
other intelligence or security
organisation established by that
Government or omitting therefrom
any organisation already specified there
and on the publication of such notification, such
organisation shall be deemed to
be included in or, as the case
may be, omitted from the
Schedule.
(3) Every
notification issued under
sub-section (2) shall be laid before each House of Parliament.
(4)
Nothing contained in this Act shall apply to such intelligence and security organisations
which may be specified, by a notification in the Official Gazette, by a State
Government from time to time.
(5) Every
notification issued under
sub-section (4) shall be laid before the State Legislature.
17. Power
to make rules by Central Government.
(1) The
Central Government may, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
(2) In
particular, and without prejudice
to the generality of the foregoing
power, such rules
may provide for all or
any of the following matters, namely:-
(a)
intervals at which matters referred to in sub-clauses (i) to (vi) of clause (b)
of section 4 shall be published;
(b)
the fee payable under sub-section (1) of section 7;
(c)
the authority before
whom an appeal may be
preferred under sub-section (1)
of section 12;
(d)
any other matter which is required to be, or may be, prescribed.
18. Power to make rules by State Government.
(1)
The State Government may, by
notification in the Official Gazette, make rules to carry out the provisions of
this Act.
(2) In
particular, and without prejudice
to the generality of the foregoing
power, such rules
may provide for all or
any of the following matters, namely:-
(a)
the fee payable under sub-section (1) of section 7;
(b)
the authority before
whom an appeal may be
preferred under sub-section (1)
of section 12;
(c)
any other matter which is required to be, or may be, prescribed:
Provided that
initially the rules shall be made
by the Central Government by notification in the
Official Gazette.
19. Rule
making power by competent authority.
(1) The
competent authority may, by
notification in the Official Gazette, make rules to carry out the provisions of
this Act.
(2) In
particular, and without prejudice
to the generality of the foregoing
power, such rules
may provide for all or
any of the following matters, namely:-
(a)
the fee payable under sub-section (1) of section 7;
(b)
the authority before
whom an appeal may be
preferred under sub-section (1)
of section 12;
(c)
any other matter which is required to be, or may be, prescribed.
20. Laying
of rules.
(1)
Every rule made by the Central
Government under this Act
shall be laid, as soon as may be after it is
made, before each House of
Parliament, while it is in session, for a
total period of thirty days which
may be comprised in one 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.
21. Power
to remove difficulties.
(1)
If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order published in the Official Gazette,
make such provisions 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.
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