Definitions
“APPROPRIATE GOVERNMENT"
a)Central Government or the Union territory administration
b)State Government
“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
“PUBLIC AUTHORITY”
any authority or body or institution of self- government established or
constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government,
and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government;
OBLIGATIONS OF PUBLIC AUTHORITIES
• Maintain all records duly catalogued and indexed in
electronic form for availability to the public.
• Requires public authorities to publish requisite
information about within 120 days of enactment of
law.
• Designate Central Public Information Officers or State
Public Information Officers, as the case may be within
100 days of enactment of law.
• Designate Central Assistant Public Information Officer
or a State Assistant Public Information Officer
CENTRAL/STATE INFORMATION OFFICER
Request Forwarded(within 5 days) Communication
Sent (within 30
days of receipt)
Request for CENTRAL/STATE ASSISTANT INFORMATION OFFICER
information
Request for information
CITIZENS
How to Obtain Information?
• Request submitted in written form in English,
Hindi or the regional language of the area or
orally to the CPIO/SPIO
• No reason for obtaining information to be
given, no identification to be given except for
correspondence address for delivery of
communication from CPIO/SPIO
Disposal of Request
Whether
Request Received information to be No
published?
Communication
Yes
to applicant
about extra fees
sent
Information
Fee Paid Furnished to Communication
Applicant sent to applicant
What Information is Exempt?
• Information concerning national security and
organisations thereof.
• Information courts have forbidden to be published
• Information which would cause breach of privilege of
parliament or state legislature.
• Intellectual property or trade secrets
• Information which could endanger the safety of person or
identify a source of information of security related issues.
• Cabinet papers
• Personal Information
Chief Information Commission
• Headed by a Chief Information Commissioner
• Assisted by Central information Commissioners (not more than
ten)
• All are appointed by The President of India in consultation with
a committee comprising of:
i) the Prime Minister, who shall be the Chairperson of the
committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime
Minister.
• They hold office for 5 years or until they are 65 years of age.
State Information Commission
• Pretty much the same but the titles change to State
Chief Information Commissioner and State Information
Commissioner.
• Appointed by Governer in consultation with:
(i) the Chief Minister, who shall be the Chairperson of the
committee;
(ii) the Leader of Opposition in the Legislative Assembly;
and
(iii) a Cabinet Minister to be nominated by the Chief
Minister
Powers and Functions of the Information
Commissions
• 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
whose application was rejected for any reason by the
CPIO/SPIO or had been refused access to any information
requested under this Act etc.
• The CIC or SIC shall have the powers of a civil court trying
a case under the Code for Civil Procedure in certain areas.
• The appeal should be made within 30 days of the
rejection by the CPIO/SPIO
• The Second appeal can be made within 90 days of
Rejection of first appeal
• The decision of the Central Information
Commission or State Information Commission,
as the case may be, shall be binding.
• The CIC/SCI can impose penalties on the
CPIO/SPIO if they have been found of
suppressing information, providing wrong
information or destroyed relevant
information, etc., can impose a penalty a fine
on the officer or initiate disciplinary
proceedings against such officers, or both.
Miscellaneous
• Act to have overriding effect
• Bar of jurisdiction of courts
• Act not to apply to certain organisations
• Monitoring and Reporting
In the form of annual reports to be tabled in the
parliament or state legislature as the case maybe.
• Appropriate Government to prepare programmes for
popularising the act.
• Power to make rules by appropriate Governments
