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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;
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:—
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CHAPTER I
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1
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(1)
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This Act may be called the Right to Information Act, 2005.
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(2)
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It extends to the whole of India except the State of Jammu
and Kashmir.
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(3)
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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.
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2
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In this Act, unless the context otherwise requires,—
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(a)
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"appropriate Government" means in relation to a
public authority which is established, constituted, owned, controlled or
substantially financed by funds provided directly or indirectly—
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(i)
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by the Central Government or the Union territory
administration, the Central Government;
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(ii)
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by the State Government, the State Government;
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(b)
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"Central Information Commission" means the
Central Information Commission constituted under sub-section (1) of
section 12;
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(c)
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"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;
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(d)
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"Chief Information Commissioner" and
"Information Commissioner" mean the Chief Information Commissioner
and Information Commissioner appointed under sub-section (3) of
section 12;
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(e)
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"competent authority" means—
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(i)
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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;
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(ii)
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the Chief Justice of India in the case of the Supreme
Court;
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(iii)
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the Chief Justice of the High Court in the case of a High
Court;
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(iv)
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the President or the Governor, as the case may be, in the
case of other authorities established or constituted by or under the
Constitution;
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(v)
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the administrator appointed under article 239 of the
Constitution;
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(f)
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"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;
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(g)
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"prescribed" means prescribed by rules made
under this Act by the appropriate Government or the competent authority, as
the case may be;
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(h)
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"public authority" means any authority or body
or institution of self- government established or constituted—
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(a)
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by or under the Constitution;
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(b)
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by any other law made by Parliament;
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(c)
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by any other law made by State Legislature;
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(d)
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by notification issued or order made by the appropriate
Government, and includes any—
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(i)
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body owned, controlled or substantially financed;
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(ii)
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non-Government organization substantially financed,
directly or indirectly by funds provided by the appropriate Government;
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(i)
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"record" includes—
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(a)
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any document, manuscript and file;
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(b)
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any microfilm, microfiche and facsimile copy of a
document;
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(c)
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any reproduction of image or images embodied in such
microfilm (whether enlarged or not); and
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(d)
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any other material produced by a computer or any other
device;
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(j)
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"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—
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(i)
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inspection of work, documents, records;
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(ii)
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taking notes, extracts or certified copies of documents or
records;
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(iii)
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taking certified samples of material;
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(iv)
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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;
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(k)
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"State Information Commission" means the
State Information Commission constituted under sub-section (1) of
section 15;
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(l)
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"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;
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(m)
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"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;
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(n)
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"third party" means a person other than the
citizen making a request for information and includes a public authority.
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CHAPTER II
Right to information and obligations of public authorities
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3
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Subject to the provisions of this Act, all citizens shall
have the right to information.
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4
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(1)
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Every public authority shall—
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(a)
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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;
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(b)
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publish within one hundred and twenty days from the
enactment of this Act,—
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(i)
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the particulars of its organisation, functions and
duties;
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(ii)
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the powers and duties of its officers and employees;
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(iii)
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the procedure followed in the decision making process,
including channels of supervision and accountability;
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(iv)
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the norms set by it for the discharge of its functions;
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(v)
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the rules, regulations, instructions, manuals and records,
held by it or under its control or used by its employees for discharging its
functions;
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(vi)
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a statement of the categories of documents that are held
by it or under its control;
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(vii)
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the particulars of any arrangement that exists for
consultation with, or representation by, the members of the public in
relation to the formulation of its policy or implementation thereof;
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(viii)
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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;
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(ix)
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a directory of its officers and employees;
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(x)
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the monthly remuneration received by each of its officers
and employees, including the system of compensation as provided in its
regulations;
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(xi)
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the budget allocated to each of its agency,
indicating the particulars of all plans, proposed expenditures and reports on
disbursements made;
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(xii)
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the manner of execution of subsidy programmes,
including the amounts allocated and the details of beneficiaries of such
programmes;
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(xiii)
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particulars of recipients of concessions, permits or
authorisations granted by it;
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(xiv)
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details in respect of the information, available to or
held by it, reduced in an electronic form;
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(xv)
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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;
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(xvi)
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the names, designations and other particulars of the
Public Information Officers;
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(xvii)
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such other information as may be prescribed and thereafter
update these publications every year;
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(c)
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publish all relevant facts while formulating
important policies or announcing the decisions which affect public;
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(d)
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provide reasons for its administrative or quasi-judicial
decisions to affected persons.
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(2)
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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.
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(3)
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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.
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(4)
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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.
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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.
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5
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(1)
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Every public authority shall, within one hundred days of
the enactment of this Act, designate as many officers as the Central Public
Information Officers or State Public Information Officers, as the case may
be, in all administrative units or offices under it as may be necessary to
provide information to persons requesting for the information under this Act.
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(2)
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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.
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(3)
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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.
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(4)
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The Central Public Information Officer or State Public
Information Officer, as the case may be, may seek the assistance of any other
officer as he or she considers it necessary for the proper discharge of his
or her duties.
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(5)
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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.
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6
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(1)
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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—
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(a)
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the Central Public Information Officer or State Public
Information Officer, as the case may be, of the concerned public authority;
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(b)
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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.
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(2)
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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.
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(3)
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Where an application is made to a public authority
requesting for an information,—
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(i)
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which is held by another public authority; or
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(ii)
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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.
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(1)
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Subject to the proviso to sub-section (2) of section
5 or the proviso to sub-section (3) of section 6, the Central Public
Information Officer or State Public Information Officer, as the case may be,
on receipt of a request under section 6 shall, as expeditiously as possible,
and in any case within thirty days of the receipt of the request, either
provide the information on payment of such fee as may be prescribed or reject
the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns
the life or liberty of a person, the same shall be provided within
forty-eight hours of the receipt of the request.
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(2)
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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.
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(3)
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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—
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(a)
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the details of further fees representing the cost of
providing the information as determined by him, together with the
calculations made to arrive at the amount in accordance with fee prescribed
under sub-section (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;
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(b)
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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.
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(4)
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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.
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(5)
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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.
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(6)
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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).
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(7)
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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.
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(8)
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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,—
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(i)
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the reasons for such rejection;
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(ii)
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the period within which an appeal against such rejection
may be preferred; and
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(iii)
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the particulars of the appellate authority.
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(9)
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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.
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8
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(1)
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Notwithstanding anything contained in this Act, there
shall be no obligation to give any citizen,—
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(a)
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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;
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(b)
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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;
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(c)
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information, the disclosure of which would cause a breach
of privilege of Parliament or the State Legislature;
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(d)
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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;
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(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;
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(f)
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information received in confidence from foreign
Government;
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(g)
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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;
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(h)
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information which would impede the process of
investigation or apprehension or prosecution of offenders;
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(i)
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cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers:
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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;
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(j)
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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:
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Provided that the information which cannot be denied to
the Parliament or a State Legislature shall not be denied to any person.
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(2)
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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.
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(3)
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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:
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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.
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9
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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.
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10
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(1)
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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.
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(2)
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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—
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(a)
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that only part of the record requested, after severance of
the record containing information which is exempt from disclosure, is being
provided;
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(b)
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the reasons for the decision, including any findings on
any material question of fact, referring to the material on which those
findings were based;
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(c)
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the name and designation of the person giving the
decision;
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(d)
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the details of the fees calculated by him or her and the
amount of fee which the applicant is required to deposit; and
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(e)
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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.
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11
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(1)
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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.
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(2)
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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.
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(3)
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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.
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(4)
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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.
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CHAPTER III
The Central Information Commission
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12
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(1)
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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.
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|
(2)
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|
The Central Information Commission shall consist of—
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|
(a)
|
the Chief Information Commissioner; and
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(b)
|
such number of Central Information Commissioners, not
exceeding ten, as may be deemed necessary.
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|
(3)
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|
The Chief Information Commissioner and Information
Commissioners shall be appointed by the President on the recommendation of a
committee consisting of—
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|
(i)
|
the Prime Minister, who shall be the Chairperson of the
committee;
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|
(ii)
|
the Leader of Opposition in the Lok Sabha; and
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(iii)
|
a Union Cabinet Minister to be nominated by the Prime
Minister.
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|
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.
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(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.
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|
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(5)
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|
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.
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|
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(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.
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|
(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.
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|
13
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(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.
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(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.
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|
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(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.
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(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.
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|
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(5)
|
|
The salaries and allowances payable to and other terms and
conditions of service of —
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|
|
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(a)
|
the Chief Information Commissioner shall be the same as
that of the Chief Election Commissioner;
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|
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|
(b)
|
an Information Commissioner shall be the same as that of
an Election Commissioner:
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|
|
|
|
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:
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|
Provided further that if the Chief Information
Commissioner or an Information Commissioner if, at the time of his
appointment is, in receipt of retirement benefits in respect of any previous
service rendered in a Corporation established by or under any Central Act or
State Act or a Government company owned or controlled by the Central
Government or the State Government, his salary in respect of the service as
the Chief Information Commissioner or an Information Commissioner shall be
reduced by the amount of pension equivalent to the retirement benefits:
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|
|
|
Provided also that the salaries, allowances and other
conditions of service of the Chief Information Commissioner and the
Information Commissioners shall not be varied to their disadvantage after
their appointment.
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|
(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.
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|
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.
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|
|
(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.
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|
|
(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,—
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|
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|
(a)
|
is adjudged an insolvent; or
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|
|
(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
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|
(d)
|
is, in the opinion of the President, unfit to continue in
office by reason of infirmity of mind or body; or
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|
(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.
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|
CHAPTER IV
|
|
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
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|
|
|
(b)
|
such number of State Information Commissioners, not
exceeding ten, as may be deemed necessary.
|
|
|
(3)
|
|
The State Chief Information Commissioner and the State
Information Commissioners shall be appointed by the 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 Ministrer 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.
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|
|
(7)
|
|
The headquarters of the State Information Commission shall
be at such place in the State as the State Government may, by notification in
the Official Gazette, specify and the State Information Commission may, with
the previous approval of the State Government, establish offices at other
places in the State.
|
|
16
|
(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 of India or under the Government of
a State, his salary in respect of the service as the State Chief Information
Commissioner or a State Information Commissioner shall be reduced by the
amount of that pension including any portion of pension which was commuted
and pension equivalent of other forms of retirement benefits excluding
pension equivalent of retirement gratuity:
|
|
|
|
|
Provided further that where the State Chief Information
Commissioner or a State Information Commissioner if, at the time of his
appointment is, in receipt of retirement benefits in respect of any previous
service rendered in a Corporation established by or under any Central Act or
State Act or a Government company owned or controlled by the Central
Government or the State Government, his salary in respect of the service as
the State Chief Information Commissioner or the State Information
Commissioner shall be reduced by the amount of pension equivalent to the
retirement benefits:
|
|
|
|
|
Provided also that the salaries, allowances and other
conditions of service of the State Chief Information Commissioner and the
State Information Commissioners shall not be varied to their disadvantage
after their appointment.
|
|
|
(6)
|
|
The State Government shall provide the State Chief
Information Commissioner and the State Information Commissioners with such
officers and employees as may be necessary for the efficient performance of
their functions under this Act, and the salaries and allowances payable to
and the terms and conditions of service of the officers and other employees
appointed for the purpose of this Act shall be such as may be prescribed.
|
|
17
|
(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 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 State Information Commissioner.
|
|
|
(4)
|
|
If the State Chief Information Commissioner or a State
Information Commissioner in any way, concerned or interested in any contract
or agreement made by or on behalf of the Government of the State or
participates in any way in the profit thereof or in any benefit or emoluments
arising therefrom otherwise than as a member and in common with the other
members of an incorporated company, he shall, for the purposes of sub-section
(1), be deemed to be guilty of misbehaviour.
|
|
CHAPTER V
|
|
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 sub-section (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:—
|
|
|
|
(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.
|
|
19
|
(1)
|
|
Any person who, does not receive a decision within the
time specified in sub-section (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 sub-section (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.
|
|
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 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 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
|
|
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 thereunder.
|
|
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.
|
|
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.
|
|
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 that Government:
|
|
|
|
|
Provided that the information pertaining to the
allegations of corruption and human rights violations shall not be excluded
under this sub-section:
|
|
|
|
|
Provided further that in the case of information sought
for is in respect of allegations of violation of human rights, the
information shall only be provided after the approval of the Central
Information Commission, and notwithstanding anything contained in section 7,
such information shall be provided within forty-five days from the date of
the receipt of request.
|
|
|
(2)
|
|
The Central Government may, by notification in the
Official Gazette, amend the Schedule by including therein any other
intelligence or security organisation established by that Government or
omitting therefrom any organisation already specified therein and on the
publication of such notification, such organisation shall be deemed to be
included in or, as the case may be, omitted from the Schedule.
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(3)
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Every notification issued under sub-section (2) shall be
laid before each House of Parliament.
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(4)
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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:
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Provided that the information pertaining to the
allegations of corruption and human rights violations shall not be excluded
under this sub-section:
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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.
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(5)
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Every notification issued under sub-section (4) shall be
laid before the State Legislature.
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25
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(1)
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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.
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(2)
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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.
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(3)
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Each report shall state in respect of the year to which
the report relates,—
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(a)
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the number of requests made to each public authority;
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(b)
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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;
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(c)
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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;
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(d)
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particulars of any disciplinary action taken against any
officer in respect of the administration of this Act;
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(e)
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the amount of charges collected by each public authority
under this Act;
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(f)
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any facts which indicate an effort by the public
authorities to administer and implement the spirit and intention of this Act;
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(g)
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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.
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(4)
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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.
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(5)
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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.
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26
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(1)
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The appropriate Government may, to the extent of
availability of financial and other resources,—
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(a)
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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;
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(b)
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encourage public authorities to participate in the
development and organisation of programmes referred to in clause (a) and to
undertake such programmes themselves;
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(c)
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promote timely and effective dissemination of accurate
information by public authorities about their activities; and
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(d)
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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.
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(2)
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The appropriate Government shall, within eighteen months
from the commencement of this Act, compile in its official language a guide
containing such information, 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.
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(3)
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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—
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(a)
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the objects of this Act;
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(b)
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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;
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(c)
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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;
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(d)
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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;
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(e)
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the assistance available from the Central
Information Commission or State Information Commission, as the case may be;
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(f)
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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;
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(g)
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the provisions providing for the voluntary disclosure of
categories of records in accordance with section 4;
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(h)
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the notices regarding fees to be paid in relation to
requests for access to an information; and
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(i)
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any additional regulations or circulars made or issued in
relation to obtaining access to an information in accordance with this Act.
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(4)
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The appropriate Government must, if necessary, update and
publish the guidelines at regular intervals.
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27
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(1)
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The appropriate Government may, by notification in the
Official Gazette, make rules to carry out the provisions of this Act.
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(2)
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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:—
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(a)
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the cost of the medium or print cost price of the
materials to be disseminated under sub-section (4) of section 4;
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(b)
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the fee payable under sub-section (1) of section 6;
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(c)
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the fee payable under sub-sections (1) and (5) of section
7;
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(d)
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the salaries and allowances payable to and the terms
and conditions of service of the officers and other employees under
sub-section (6) of section 13 and sub-section (6) of section 16;
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(e)
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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
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(f)
|
any other matter which is required to be, or may be,
prescribed.
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28
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(1)
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|
The competent authority may, by notification in the
Official Gazette, make rules to carry out the provisions of this Act.
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(2)
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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:—
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(i)
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the cost of the medium or print cost price of the
materials to be disseminated under sub-section (4) of section 4;
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(ii)
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the fee payable under sub-section (1) of section 6;
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(iii)
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the fee payable under sub-section (1) of section 7; and
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(iv)
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any other matter which is required to be, or may be,
prescribed.
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29
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(1)
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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.
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(2)
|
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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.
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30
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(1)
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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:
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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.
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(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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31
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|
|
The Freedom of Information Act, 2002 is hereby repealed.
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[See sections 13(3) and 16(3)]
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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.".
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(See section 24)
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Intelligence and
security organisation established by the Central Government
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