New technology to control speech?

The DTH technology will give greater power to the government to control the content of broadcast media, further restricting speech, argues Ila Patnaik.

Communal Crimes Bill defective

Yet another editorial criticising the Communal Crimes Bill.

AIDS law on anvil

A Bill to end discrimination against people living with HIV/AIDS is on the anvil.

Changes in the Communal Crimes Bill sought

Activists and lawyers demanded changes in the Communal Crimes Bill, particularly asking for the Bill to include genocide as a crime.

Reservations in private unaided educational institutions

The Parliament has passed the Bill amending the Constitution to provide for reservations in private unaided educational institutions. Minority insitutions, are however, outside the scope of the amendment - a move that has drawn criticism.

Jains are not minorities - Supreme Court

In a recent case, the Supreme Court has ruled that Jains are not a national minority, and that their minority status has to be determined state-wise. The logic that religious minorities, like linguistic minorities should be determined at the state-level is fallacious, because states are not organised on religious lines.

Witness Protection

Justice M. Jagannadha Rao underlines the need for a new witness protection law.

Police enforcing morality in parks

Yet another incident of the police beating up couples sitting in public parks. The good news is that this time it led to a protest in Meerut and had drawn the attention of the Parliament.

Free Speech - menace from mob and the State

A.G. Noorani writes brilliantly about how the State joins the mob in curtailing free-speech.

Quotas in private educational institutions

The government proposal to introduce quotas for SCs and STs in private educational institutions by amending the constitution has raised a political storm, especially because it leaves minority-run institutions out of its purview. D. Raja supports the move.

11 convicted in Gujarat riot case

11 people have been convicted in a case related to the violence that took place in Gujarat in 2002.

Plea-bargaining allowed

The Parliament has amended the Code of Criminal Procedure to allow plea-bargaining by the accused. It may speed up the criminal justice system, but raises some doubts about the rights of the accused.

Disaster Management Bill

The Lok Sabha has cleared the Disaster Management Bill.

Discriminatory adoption laws

The adoption laws in India allows Hindus to adopt but denies the right to Muslims. It took a tragedy to point this out - will the Parliament amend the laws?

Communal Violence Bill criticised

The Communal Violence Bill introduced in the Rajya Sabha has been criticised by civil society groups for being inadequate and useless. This article weighs the merits and demerits of the provisions of the Bill. Teesta Setalvad, however, is of the opinion that, on the whole, the Bill is a welcome measure.

Another 'custodial death'

Another case of grizly murder at the hands of the police, resulting merely in the 'suspension' of the officers involved.

Compromise over Tribal Bill

The debate between the advocates of tribal rights and environmentalists seems to be ending in a compromise where there are no clear winners - the tribals will get temporary rights to forest land till they are given alternative land.

Hiccups for the RTI Act

The PMO has issued instructions to exempt certain file notings from the purview of the Right to Information Act. On the other hand, the army has withdrawn a circular which instructed the army personnel not to comply with the Act.

New regulations for TV

In a move to control the content of TV programs to prevent obscene material being transmitted, the government is planning a new law. It might give rise to free speech issues.

New Communal Crimes Bill a non-starter

The draft Communal Crimes Bill has again invited criticism for not tackling the real problem.

Abu Salem's death penalty

The extradition condition for ABu Salem that he should not be executed if convicted has given rise to much legal debate. This article argues that it is the duty of the judiciary to respect this international commitment.

Child marriage law

The Parliamentary Committee on the Child Marriages Bill has recommended the compulsory registration of all marriages.

ITPA amendment on the cards

The much-awaited amendment of the Immoral Trafficking of Persons Act to take away the focus from the sex-workers to and penalise the clients and the brothel-managers instead.

Krishna Iyer on right to education

Justice Krishna Iyer writes on the importance of realising the right to education for everyone.

Free speech law and tradition in India

N. Ravi makes a passionate case for protecting free speech, in light of the recent reactions to Khushboo's statements.

Anti-dowry provision continues to raise storm

The NCW has rejected the call to amend s. 498A of the IPC which deals with cruelty agianst women, mostly in the context of dowry.

Communal Crimes Bill approved by cabinet

The cabinet has approved the Communal Crimes Bill to be presented in the Parliament. This draft is not public yet, but the previous one was criticised widely for empowering the government with extraordinary powers.

Education Bill hope

Pratap Bhanu Mehta discusses the pros and cons of the Right to Education Bill, which has the potential of revolutionising education in India.

Healthcare in shambles

Amartya Sen's organisation 'Pratichi' has produced a damaging report on the state of health care in two states in India. Another article in the British Medical Journal raises similar issues.

AIDWA, HC to Khushboo's rescue

AIDWA has finally made a statement in support of the right to free expression of the actor Khushboo who is facing flak from moral police in Tamil Nadu for airing suport for more liberal attitude to pre-marital sex.
Meanwhile, the High Court has stayed proceedings in some of the numerous cases filed against her in various courts across Tamil Nadu.

Panel for reservations for Muslims in higher education

A government appointed panel has submitted a report outlining the bleak status of Muslims in education in India, and has, inter alia, suggested that Muslim candidates should be given quotas in institutions like IITs and IIMs.

Obscenity arrest for sex-surveyor

The publisher of a sex-survey has been arrested in Mumbai on charges of obscenity. These are certainly not good days for free speech in the country.

Opposing decriminalisation of sex-work

This article opposes the Planning Commission's recommendation that sex-work should be decriminalised.

Moral policing of opinions in TN meets response

The stink raised in Tamil Nadu by several political parties against actor Khushboo when she expressed her opinion supporting the free expression of female sexuality has been challenged by a website - http://www.karuthu.com/ The founders have called for a movement to respect the right to free speech. Meanwhile, the extent to which the cultural police has gone is shameful for a democratic country. The saddest part of the story is that the protest is being spearheaded by parties who have apparently inherited the legacy of the dravida movement, which was founded on rationality.

Amendment to RTI Act on the anvil

In an attempt to water down the Right to Information Act, the government is planning to bring an amendment exempting notings on files from public access.

Government opposes gay rights

This piece is critical of the governmental opposition to the decriminalisation of homosexual acts amongst consenting adults.

Unorganised labour protection

With several draft bills on the table, providing legal protection and social security to workers in the unorganised sector is finally on the agenda.

Police torture report

The NHRC has received a report detailing horrid incidents of torture, rape and murders by the Tamil Nadu and Karnataka Police as part of the nab-Veerappan episode.

Worker's Security Act

The NAC has drafted a legislation to provide social security to workers in the unorganised sector, who form 93% of the workforce.

Law Minister favours retention of death penalty

The Minister for Law and Justice HR Bharadwaj has said he favours the retention of the death penalty. This is in contrast with the views expressed by the President and the Chief Justice of India.

Porn on Cable TV - the nanny state

The government is setting up district level committees to monitor the broadcast of pornographic programmes on cable television.

NHRC criticises anti-trafficking law

The Chairperson of the National Human Rights Commission, Justice Anand, has criticised the Immoral Trafficking of Persons Act, saying that the Act is mostly used against the sex-workers and not against those who organise the business of trafficking.

NCW recommends overhaul of sexual assault laws

The National Commission for Women has recommended the expansion of the definition of sexual assault to cover cases not currently covered by rape law, and has also demanded the repeal of s. 377. However, another news story says that there was some controversy and confusion over the particular recommendation dealing with the repeal of s. 377.

SC upholds ban on cow slaughter

The Supreme Court upheld a Gujarat government ban on cow slaughter, rebuffing arguments that it violates the fundamental right to trade. This is not surprising, given that there is an express directive principle regarding the same and the SC jurisprudence that directive principles and fundamental rights have to be read harmoniously.

Law to guide discretion on mercy petitions

The President has requested the Parliament to frame a law to provide the guidelines for dealing with mercy petitions from death row convicts. The debate continues, with another former judge, Rajinder Sachar speaking out against it.

Child marriage

A Delhi High Court judgment seems to justify child marriage.

Sikh riots cases against Ministers opened

The government has delivered on its promise by directing the CBI to open the anti-Sikh riots cases against the former Ministers.

Review of rape laws

A high level meeting of Home Ministers is reviewing the rape laws. This may revive the debates on gender-neutrality and the 172nd Law Commission Report.

Another acquittal in Gujarat

Another case involving the Gujarat riots ended in acquittal of all the 108 accused because of lack of evidence.

Police and riots

Kuldeep Nair talks about the role of the police during riots.

Caste in the army

The status and representation of dalits in the army has become an issue, with demands for greater recruitment of scheduled castes.

Rape victim rehabilitation policy

The National Commission for Women has finalised a policy for rehabilitation, support and counselling for the rape victim.

Mental Health Act

The Supreme Court has issued notice to the government in a petition seeking the implementation of the Mental Health Act.

Activist President against Death Penalty

A very interesting Indian Express story details the activism of a reluctant President Kalam who wants to pardon all death row prisoners. The move has not only raised the issue of death penalty itself but also of the scope of presidential powers.

Squatters' eviction

The Delhi High Court has ordered the eviction of squatters from public land. The issue of slum-dwellers in urban land cannot be decided in a strict legality/illegality binary and a more holistic policy needs to be evolved.

Punjab disappearances

The NHRC hearings on the Punjab disappearances are underway, holding some hope for the victims.

Police Reforms

Another piece on police reforms focussing on training and the need to insulate hte police from the control of politicians.

EC notice on 'Muslim CM'

The Election Commission has issued a notice to Ram Vilas Paswan for violation of the Code of Conduct by asking for votes in the name of religion. The reference was to his promise of installing a Muslim Chief Minister in Bihar. It was high time the EC got cracking over blatant (mis)use of religion in elections.

HIV and s. 377

Reacting to the Planning Commission's recommendations, Gautam Bhan underscores the point that AIDS prevention should not be the sole reason why s. 377 should be repealed.

National Text Books Council

The government is contemplating setting up a National Text Books Council to be a watchdog institution, primarily aimed at checking communal propaganda through textbooks.

Text of the government reply in the s. 377 case

This is the text of the reply filed by the government in opposition to the petition challenging the constitutionality of s. 377 Indian Penal Code, which criminalises homosexual behaviour.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. 7217-7218 OF 2005

IN THE MATTER OF :

NAZ FOUNDATIN …………PETITIONER

VERSUS

GOVT. OF N.C.T. OF DELHI ………RESPONDENTS COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT NO.5

I, Y.K. Baweja, Deputy Secretary (Judicial), Ministry of Home Affairs, Government of India, do hereby solemnly affirm and state as under:

1. That I am working as Deputy Secretary (Judicial), Ministry of Home Affairs, Government of India, and am conversant with the facts and circumstances of the case. I have read a copy of the Special Leave Petition and have understood its contents.

PRELIMINARY SUBMISSIONS

1. That the Writ Petition filed before the High Court, styled as Public Interest Litigation, was pre-mature and not maintainable. By way of the said Writ Petition the petitioner sought for a declaration that Section, 377 IPC to the extent it is applicable and penalizes sexual act in private

between consenting adults, is violative of Articles 14, 15, 19(i)(a)-(d) and 21 of the Constitution of India. It is submitted that ordinarily a writ petition filed by way of Public Interest Litigation questioning the constitutionality or validity of the statute should not be entertained. (See Guruvayoor Devaswom Managing Committee Vs. C.K. Rajan (2003) 7 SCC 546 at 571).

2. That the High Court rightly dismissed the Writ Petition as being academic. It is submitted that the Petitioner sought a general pronouncement by the Court on the vires of Section 377, IPC without reference to any specific grievances. The Petitioner claims that on account of the said section remaining in the statute book, it hampers their work in the filed of HIV/AIDS intervention and prevention. However, no specific instance or instances have been cited to demonstrate as to how the existence of the said provision in any way hampers their work.

3. That the question whether homosexuality should be an offence or not, lies in the domain of the Legislature. It is for the Legislature to decide, taking into account various social factors, as to

What is regarded as a prohibited act and how the same is to be dealt with. It is essential a matter of legislative policy and there are no judicially manageable standards by which to assess as to whether a particular act should be made an offence or not. Public opinion and the current societal context in India does not favour the deletion of the said offence from the status book. In fact, homosexuality/sodomy is still an offence in large number of countries all over the world. A list of such countries where homosexuality/sodomy is illegal is annexed herewith as Annexure R-V/1.

PARA WISE REPLY

1. In reply to contents of para 1 of the petition, it is submitted

that so far as filing of the writ petition in the High Court and its dismissal and filing of review and its dismissal are concerned, it is a matter of record and calls for no reply.

2.(i) In reply to contents of para 2 (i) of the petition it is submitted that no substantial question of law of public importance arises in the present petition. In reply to para 2(i) it is submitted that the Petitioner organization cannot be said to have any bonafide or special interest vis-à-vis the issue pertaining to the validity of Section 377 of the Indian

Penal Code. It is submitted that the High Court of Delhi rightly observed that no cause of action had arisen for filing the writ petition. It was rightly concluded that the Petitioner has no locus standi. It is submitted that it is well settled that in criminal matters a third party, i.e. a person other than the accused, cannot invoke the writ jurisdiction of the Court to enforce the fundamental rights of the accused/offenders. (See Simranjeet Singh Mann Vs. Union of India (1992) 4 SCC 653).

2(ii) In reply to contents of para 2 (ii) of the petition it is reiterated that the question of constitutionality of Section 377, IPC raises the issue as to whether a particular act should be made an offence or not. It is submitted that it is in the domain of the Legislature to determine as to what shall be an offence and what shall not, keeping in mind the prevailing societal interests and concerns.

3. Contents of para 3 of the petition are matter of record and need no reply.

4. Contents of para 4 of the petition are matter of record and need no reply.

5A. In reply to ground ‘A’ it is submitted that the Petitioner organization cannot be said to be having any bonafide or special interest vis-à-vis the issue pertaining to the validity of Section 377 of the Indian Penal Code. It is submitted that the High Court of Delhi rightly observed that no cause of action had arisen for

filing the writ petition. It was rightly concluded that the Petitioner has no locus standi. It is submitted that it is well

settled that in criminal matters a third party, that is other than

the Accused cannot invoke the writ jurisdiction of the Court

to enforce the fundamental rights of the Accused/offenders.

(See Simranjeet Singh Mann Vs. UOI (1992) 4 SCC 653).

5B. In reply to ground ‘B’ it is submitted that the Petitioner seeks a general declaration regarding the validity of section 377, IPC. Further, the Petitioner claims that the existence of the said Section hampers their activities in the field of HIV/AIDS intervention and prevention. However, apart from a general apprehension no specific instance or reasons have been given as to how the said provision is a hindrance in the performance of their activities. In the circumstances, the Writ Petition before the High Court raised purely academic questions which did not require determination by the Court. It is further submitted that the current societal context and opinion in India does not warrant any change to Section 377, IPC. Even if it is assumed that the rights of sexual minorities emanates from a perceived right to privacy, is submitted that the right to privacy cannot be extended to defeat public morality, which must prevail over the exercise of any private right. The question of homosexuality, it is submitted, is not a mere question of personal preferences but may involve behavioral sanction of legislative authority of the State, as it tends to affect the social environment. The judgments

cited in the para under reply, it is submitted, have no application to the special facts of the present case.

5C. In reply to para ‘C’ it is submitted that all fundamental rights are subject to reasonable restrictions. Section 377 of the Indian Penal Code creates an offence as the legislatures perceives such an act as being immoral by society at large, especially keeping in mind the opinions and concerns in Indian society. No ground has been made out for challenging the validity of Section 377, IPC. It is further submitted that the parameters within which public interest litigation can be resorted to, have been clearly defined by this Hon’le Court. The issue sought to be raised in this paragraph at the instance of the present Petitioner is a matter which does not fall within the parameters, which have been defined by this Hon’ble Court. That so far as the issue vis-à-vis challenge to the constitutionality of Section 377, IPC is concerned, it is a matter of legislative policy as to whether a particular act should be treated as an offence and the same is not open to judicial review. The Law Commission it its 172^nd Report on “Review of Rape Laws”, has recommended changes for widening up the scope of the offences in Section 375 and 376 of the Indian Penal Code, 1860 and to make the offences gender neutral. It has also recommended insertion of a new Section 376E to deal with unlawful sexual contact with young persons below the age of sixteen years. In view of the changes recommended by it in

Section 375 and 376 of the Indian Penal Code, the Law Commission of India has recommended deletion of Section 377, IPC. The full text of the relevant recommendations of the Law Commissions of the Law Commission are annexed herewith as Annexure R-V/II. The concerned recommendations of the Law Commission are being examined by the Government.

6. In view of the aforesaid submissions it is respectfully submitted that the Special Leave Petition is devoid of merits and is liable to be dismissed.

7. That no new facts, except those stated in para 3 of the Preliminary Submissions, have been stated which were not stated before the High Court. For additional facts and documents a separate application is filed herewith.

VERIFICATION

Verified at New Delhi on this 26^th day of September, 2005. I, above named deponent, do hereby verify that the contents of this Counter Affidavit are true and correct to the record of the case, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I. A. NO.

IN

SPECIAL LEAVE PETITION (CIVIL) NO. 7217-7218 OF 2005

IN THE MATTER OF:

AN APPLICATION FOR PERMISSION TO PLACE ON RECORD ADDITIONAL FACTS AND DOCUMENTS.

NAZ FOUNDATION …PETITIONER

VERSUS

GOVT. OF N.C.T. DELHI …RESPONDENTS

TO

HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE SUPREME COURT OF INDIA.

MOST RESPECTFULLY SHOWETH:

1. That Respondent No. 5 has this day filed the accompanying counter affidavit in the above mentioned Special Leave Petition.

2. That in para 3 of the preliminary submissions the answering Respondent has stated certain facts relating to the illegality of homosexuality in various countries in the world. A list of such countries has also been annexed as Annexure R-V/1. The answering Respondent has also placed on record the recommendation of the Law Commission as AnnexureR-V/2. Before the High Court only a gist of the Recommendations of the Law Commission contained in its 172^nd Report was placed on record. It is submitted that said facts and documents have a bearing on the issues raised in the present petition. No prejudice would be caused to the Petitioners if the said facts and documents are placed on the record of this Hon’ble Court.

3. It is therefore submitted that the said facts and documents are relevant for deciding the issues raised in the present Special Leave Petition. It would thereforebe in the interest of justice that the answering Respondent is permitted to place on record the said additional facts and the annexures in support thereof along with its reply.

4. That no facts which were not pleaded in the Courts below have been pleaded in the present counter affidavit.

DEPONENT

PRAYER

In the facts and circumstances explained herein above and in the interest of justice it is therefore prayed that this Hon’ble Court may be pleased to:

(a) Permit Respondent No. 5 to place on record the additional facts stated in para 3 of the Preliminary Submission and para 5C of the Counter affidavit;

(b) Permit Respondent No. 5 to file Annexures R-V/1 and

R-V/2 along with its counter affidavit; and

(c) pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

FILED BY

(Sushma S….)

ADVOCATE FOR RESPONDENT NO. 5

DRAWN BY:

FILED ON:

Death Penalty revisited

Fali Nariman has an interesting take on the question of capital punishment, predicting that the sentence will stay till the criminal justice system as a whole becomes efficient and effective generally.

Forest Bill

An argument in support of the draft Forest Bill's attempt to reconcile the interests of the forest and its folks.

Planning Commission for gay rights

Of all bodies, the Planning Commission has recommended the repeal of s. 377 of the Indian Penal Code which criminalises homosexual behaviour, as well as asked for the legalisation of sex-work. These moves are recommended as essential in the anti-HIV/AIDS programme. The view is also at odds with that of the Home Ministry, which recently opposed the decriminalisation of homosexual behaviour in a petition before the Supreme Court.

Controvery over Sexual Harrassment Bill

Women's groups are divided over whether a woman consumer should also be protected from sexual harrassment in the workplace, besides the woman employee.

President reopens death penalty debate

The President Abdul Kalaam has suggested that all the death row inmates should be granted pardon. This move is certain to revive the death row debate in the country.

Sikh riots cases to be re-opened

The government seems to have decided to prosecute the top leaders involved in the anti-sikh riots.

Abolish surnames to abolish caste

The National Commission for SCs/STs has come out with a radical proposal to abolish all hindu surnames which denote castes. The political debate that ensues would be very interesting to watch.

Governemnt refuses to disclose information on Gujarat riots

The Central Government has refused to disclose information sought by teh Nanavati Commission probing the Gujarat riots, on the grounds that it would injure public interest. It is interesting how the case proceeds, especially under the new Right to Information Act.

Custodial killing

A strike against a custodial killing in Manipur underlines the urgent need for police reforms.

Right to Information Act comes into force

The Right to Information Act has finally come into force.

Compulsory registration of marriages

The National Commission for Women is drafting a law to make it compulsory to register marriages, mainly to curb child marriage and ensure that women have given their consent to the marriage.

Moral Policing in Chennai

The moral policing in Chennai continues. After dress code in universities, hotels are being targetted for holding 'obscene' parties. Where are our liberal values?

Sexual Harrassment Bill

The draft Sexual Harrassment Bill has come in for appreciation for its progressive provisions.

Right to information Rules

The Rules under the Right to Information Act have been notified.

Whistleblower Protection Act

The government is finally moving to initiate legislation to ensure the protection of whistle-blowers.

Taslima's book ban revoked

The Calcutta High Court has declared the ban on Tasleema Nasreen's controversial book 'Dwikhandita' as invalid.

Working of the mid-day meal scheme

This short survey has interesting insights into the working of the mid-day meal scheme.

Free education to the lone girl child

While the government's declaration that a single girl child wihtout any siblings would get free education has been lauded, it has also drawn in criticism for mixing the goals of empowering girls with family planning objectives.

Social security for the unorganised sector

The increased focus on providing social security to the unorganised sector workers is welcome.

Right to education costs

The Right to Education Bill to be introduced in the next session of the Parliament has raised financial problems for the states, who don't want to foot the bill.

Film censorship

The draft guidelines for film festivals have raised serious censorship doubts. The government is seeking to empower itself to refuse to allow the screening of a film on as flimsy grounds as 'offending sensibilities'.

Finally, police reforms take off

The task of reforming the police force was launched formally today with the Home Ministry setting up a high-powered committee to draft a new Police Act.

Reservations for Dalit Christians

It is bizzare that dalit Christians and Muslims are not given the benefits of reservation, even though their social realities continues to be determined by their caste status. It seems to be a clear case of discrimination on the basis of religion.

India's international human rights obligations

An argument for India to shed its third-world scepticism of international human rights regime and to accede to treaties like the Rome Statute for the International Criminal Code.

Dress code in universities

The increasing trend in many universities to dictate dress codes, particularly for female students, in deplorable.

Life term is for life

The Supreme Court has finally settled the controversy over the meaning of 'imprisonment for life' to insist that it does, literally, mean imprisonment for the rest of the convict's life, unless the state grants a repreive at an earlier date. Therefore, there is no automatic right to be released after spending 14 years in prison. This might have interesting implications the death penalty debate where the advocates of retaining the penalty often argue that there is no alternative punishment which is deterrent enough, since life imprisonment has come to mean imprisonment for 14 years only.

Relief scheme for rape victims

The National Commission for Women has suggested a relief and rehabilitation scheme for rape victims, to move beyond the focus on ensuring criminal conviction to address other materialand emotional needs of the victim.

Prison reforms

R.K. Raghavan talks about the need to reform our ailing prison system, which is debilitating and criminogenic.

Equal succession rights to women

The Parliament recently amended the Hindu Succession Act to grant equal rights to women. This interview with Bina Agarwal on its implications in insightful. Some reservations have been raised about whether the new amendments do in fact achieve full equality, though.

Whose streets?

Rights of slum and pavement-dwellers, squatters of public land, hawkers etc have always been controversial. The latest Delhi High Court judgment against hawking on the streets seems to be in absolute ignorance of the need to strike a balance between livelihood issues for the poorest of the population and the need to avail the streets for mobility of the public.

UN report on development

So much for trumpeting the supposed economic progress, the new UN Human Development Report cuts a sorry figure for India. Surely, the benefits of the new prosperity are not being accessed by a majority of the Indians.

Law on Contempt of Court set for reform

The much needed reform process of the draconian law on the contempt of court is underway, still the proposed reform seems to be half-hearted.

Rethinking censorship

A major overhaul of the censorship laws is on the cards. It was high time free speech got more prominence and censors were less enthusiastic about thier job.

Revamp of Police Act

A much-needed revamp of the Indian Police Act is on the cards, especially in the wake of the Nanavati Commission report criticising the role of the police in the anti-Sikh riots in 1984. However, this commentator stresses upon the role of training and orientation of the force in improving its services.

Police Reforms

An open letter to the Prime Minister on Police Reforms makes interesting reading. Here is another piece by an SSP on what ails the Indian police system.

New law for the elderly

The government is contemplating new measures to cater to the welfare of the elderly, the disabled and children. However, the proposed law has come under some criticism, especially for its provision for pension for the elderly.

Law for Displaced People

The NAC has recommended a new law for providing a better deal to displaced people.

Sikh riots and the role of the police

R.K. Raghavan analyses the institutional structure of the police which allows politicians to take control of the organisation during riot situations.

Draft Education Policy

Nivedita Menon defends the draft education policy against the criticism of the Left.

Domestic Violence Bill passed

The Lok Sabha has approved of the Domestic Violence Bill. Indira Jaising reviews the new legislation.

No quota in private unaided colleges

The Supreme Court's decision banning quotas for weaker sections in private unaided colleges has met political resistence.

Job Bill Passed by the Lok Sabha

The Lok Sabha finally passed the Employment Guarantee Bill today.

V.P. Singh on new legislations

Former Prime Minister V.P. Singh writes about the importance of the Right to Information Act and the Employment Guarantee Bill, and also points to the lacunae in the latter.

Panchayat Courts

The government is proposing so set up panchayat courts at the village level. Such attempts have always raised questions about justice to women and dalits, since sexism and casteism is apparently more entrenched at such levels. The draft Bill for the same was recommended by the National Advisory Committee.

Law for slum dwellers

There is finally some political focus on long-term settlement of the question of people living in urban slums, with the left parties demanding a comprehensive law on the issue.

Unorganised sector Bills

Two new Bills have been proposed by the National Commission for Enterprises in the Unorganised Sector to cater to security and work conditions of people working in the unorganised sector.

Police Reforms - autonomy

An interesting opinion arguing for greater autonomy to the security forces.

Police reforms on the cards

The much needed police reforms have finally caught the attention of the government. Now the burden lies on the civil society to engage the government and contribute to the process.

One judiciary - no to sharia courts

The Law Minister responded in support of the anti-sharia court petition by saying that the Constitution recognises only one judicial system under the Supreme Court.

Rajya Sabha gives equal property rights to women

Hindu women were granted equal property rights through an amendment to the Hindu Succession Act passed by the Rajya Sabha today. It grants coparcenary rights to women. However, doubts have been raised about how far the Bill will actually go to secure gender equality. It remains to be seen whether the Lok Sabha passes theBill in its present form or incorporates amendments.

Sharia courts

The legality of the sharia courts and the fatwas issued by them has been challenged in the Supreme Court. the decision is bound to rake a political storm.

EGA and corruption

Aruna Roy and Nikhil Dey write about the problem of corruption in the context of the proposed Employment Guarantee Bill.

Anti-sikh riots - some hope for justice

The government today set up committees to look into the question of compensation and other issues to finally address the issue of justice that have dogged the riots that took place in 1984.

SC judgment on reservations in unaided educational institutions

The Supreme Court has disallowed any quota in unaided educational institutions.

Cummunal Violence Bill critiqued

Colin Gonsalves has questioned the utility of the draft Communal violence (Suppression) Bill.

Nanavati Commission Report

The Nanavati Commission Report on the anti-Sikh riots of 1984 indicts some Congress leaders, including ministers. It remains to be seen whether the government displays any political morality.

Fraud in Employment Guarantee Scheme

An honest District Collector found suspicious amount of money doled out and work being undertaken under the Employment Guarantee Scheme in Maharashtra. She ordered and enquiry and found enormous corruption. Soon she was transferred, which was later stayed. The incident becomes particularly important in light of the recent debate on administrative reforms and fixed tenures for senior bureaucrats.

Right to education not realised even in Kolkata

A recent report by the Pratichi Trust set up by Amartya Sen says that even in a city like Kolkata, the basic right to education for all children is far from being realised.

Kerala plans to empower police further

Kerala plans to pass legislation further empowering the police and expanding its preventive detention powers to deal with 'anti-social' elements.

SC decision on IMDT Act

Prashant Bhushan brilliantly critiques the Supreme Court's preposterous decision striking down the Illegal Migrants (Determination by Tribunals) Act. Not only did the Court overstep its boundaries as a judicial body, it also made a mockery of sound legal principles with a fantastic interpretation.

Death Penalty

Yesterday was a sad day for anti-death penalty activists. Two sentences, one in the terrorist attack on the Parliament case, and another against a man who killed a woman to avenge unrequited love, were handed down today.

Sikh Riots Report - Ministers indicted

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Domestic Violence Bill - Sounds good

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Female Qazi

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Criminal Procedure Code Amendments and rule of law

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Restitution of Conjugal Rights

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Wrongful confinement

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Witchcraft law

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Noise Pollution

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Beggary laws

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Employment Guarantee and Right to Information

Sad stories tell the linkages between effective implementation of the Employment Guarantee Scheme and Right to Information.

Social Security for Unorganised Sector

The government is finalising a law for providing social security to the unorganised sector.

Right to education Bill

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'Personal' laws and fundamental rights

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Text book Council mooted

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Criminal Procedure Code Amendments

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Right to Information Act 2005 - Full Text

THE RIGHT TO INFORMATION

ACT, 2005

ARRANGEMENT OF CLAUSES

_________________

CHAPTER I

PRELIMINARY

CLAUSES

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES

3. Right to information.

4. Obligations of public authorities.

5. Designation of Public Information Officers.

6. Request for obtaining information.

7. Disposal of request.

8. Exemption from disclosure of information.

9. Grounds for rejection to access in certain cases.

10. Severability.

11. Third party information.

CHAPTER III

THE CENTRAL INFORMATION COMMISSION

12. Constitution of Central Information Commission.

13. Term of office and conditions of service.

14. Removal of Information Commissioner or Deputy Information Commissioner.

CHAPTER IV

THE STATE INFORMATION COMMISSION

15. Constitution of State Information Commission.

16. Terms of office and conditions of service.

17. Removal of State Chief Information Commissioner or State Information Commissioner.

CHAPTER V

POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES

18. Powers and functions of Information Commissions.

19. Appeal.

20. Penalties.

CHAPTER VI

MISCELLANEOUS

21. Protection of action taken in good faith.

22. Act to have overriding effect.

23. Bar of jurisdiction of courts.

24. Act not to apply to certain organizations.

25. Monitoring and Reporting.

26. Appropriate Government to prepare programmes.

27. Power to make rules by appropriate Government.

28. Power to make rules by competent authority.

29. Laying of rules.

30. Power to remove difficulties.

31. Repeal.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

Bill No. 107-C of 2004

THE RIGHT TO INFORMATION BILL, 2005

A

Bill

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 Goverments 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:­-

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Right to Information Act, 2005.

(2) It extends to the whole of India except the State of Jammu and Kashmir

(3) The provisions of sub-section (1) of section 4, sub-section (1) and (2) of section 5, section 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.

2. In this Act, unless the context otherwise requires,­

(a) “appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly -

(i) by the Central Government or a Union. territory administration, the Central Government;

(ii) by the State Government, the State Government;

(b) "Central Information Commission" means the Central Information Commission constituted under sub-section (1) of section 12;

(c) “Central Public Information Officer” means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;

(d) “Chief Information Commissioner” and “Information Commissioner” mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12;

(e) "competent authority" means­

(i) the Speaker in the case of the House of the People or the Legislative Assembly of a state or a Union territory having such Assembly and the Chairman in the case of the Council of States or a Legislative Council of a State”;

(ii) The Chief Justice of India in the case of the Supreme Court;

(iii) The Chief Justice of the High Court in the case of a High Court;

(iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution”;

(v) the administrator appointed under article 239 of the Constitution;

(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

g) "prescribed" means prescribed by rules made under this Act by the appropriate Government or the competent. authority, as the case may be;

h) “public authority” means any authority or body or institution of self government established or constituted,—

(a) by or under the Constitution ;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government,

and includes any--

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government;”

i) "record" includes­

(a) any document, manuscript and file;

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

(c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and,

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

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

right to-

(i) inspection of work, documents, records;

(ii) taking notes, extracts, or certified copies of documents or records;

(iii) taking certified samples of material;

(iv) obtaining information in the form of diskettes, floppies. tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; .

(k) “State Information Commission” means the State Information Commission constituted under sub-section (1) of section 15 ;

(l) “State Chief Information Commissioner” and “State Information Commissioner” mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15 ;

(m) “State Public Information Officer” means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5;

(n) "third party" means a person other than the citizen making a request for

information and includes a public authority.

CHAPTER II

RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITlES

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

4. (1) Every public authority shall­

(a) maintain all its records duly catalogued and indexed in a manner and form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;

(b) publish within one hundred and twenty days from the enactment of this Act,-

­(i) the particulars of its organisation, functions and duties;

(ii) the powers and duties of its officers and employees;

(iii) the procedure followed in the decision making process, including channels of supervision and accountability;

(iv) the norms set by it for the discharge of its functions;

(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

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

(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;

(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advise, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

(ix) a directory of its officers and employees;

(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

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

(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;

(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

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

(xvii) such other information as may be prescribed;

and thereafter update these publications every year;

(c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;

(d) provide reasons for its administrative or quasi judicial decisions to affected persons;

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

(3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.

(4) All materials shall be disseminated taking into consideration the cost. effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer, or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.

Explanation: For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.

5. (1) Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act. .

(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission , as the case may be.

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

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

(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.

(5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be .

6. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to -­

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

(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,

specifying the particulars of the information sought by him or her:

Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

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

(i) which is held by another public authority; or

(ii) the subject matter of which is more closely connected with the functions of another public authority,

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

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

7. (1) 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.

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

(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving­-

(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under 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;

(b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.

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

(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the Provisions sub-section (6), pay such fee as may be prescribed:

“Provided that the fee prescribed under sub-section (1) of section 6 and sub-section (1) and (5) of section 7 shall be reasonable and no such fee shall charged from the persons who are of below poverty line as may be determined by the appropriate Government.”

(6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (I).

(7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be shall take into consideration the representation made by a third party under section 11.

(8) Where a request has been rejected under subsection (1), the Central Public Information Officer or State Public Information Officer, as the case may be shall communicate to the person making the request,-

(i) the reasons for such rejection;

(ii) the period within which an appeal against such rejection may be preferred;

(iii) the particulars of the appellate authority.

(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

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

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

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;

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

(f) information received in confidence from foreign government;

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

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

(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:

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

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interests in disclosure outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under 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 years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

9. Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State. .

10. (1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.

(2) Where access is granted to a part of the record under sub-Section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing, -

(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;

(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;

(c) the name and designation of the person giving the decision;

(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and

(e) his or her rights with respect to review of the decision regarding non­disclosure 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.

11. (1) Where a Central Public Information Officer or the 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 out weighs in importance any possible harm or injury to the interests of such third party.

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

(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.

(4) A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

CHAPTER III

THE CENTRAL INFORMATION COMMISSION

12. (1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The Central Information Commission shall consist of-

(a) the Chief Information Commissioner; and

(b) such number of Central Information Commissioners not exceeding ten as may be deemed necessary.

(3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of­-

(i) the Prime Minister, who shall be the Chairperson of the committee;

(ii) the Leader of Opposition in the Lok Sabha; and

(iii) A Union Cabinet Minister to be nominated by the Prime Minister.

Explanation.- For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of the Opposition.

(4) The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this act.

(5) The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

(6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any politica1.party or carrying on any business or pursuing any profession.

(7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.

13. (1) The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:

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

(2) Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty – five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:

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

Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.

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

(4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:

Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.

(5) The salaries and allowances payable to and other terms and conditions of service of-

(a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;

(b) an Information Commissioner shall be the same as that of an Election Commissioner,

Provided that the if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:

Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits 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:

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.

(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.

14. (1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.

(2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,­-

(a) is adjudged an insolvent; or

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

(c) engages during his term of office in any paid employment out side the duties of his office; or

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

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.

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

CHAPTER IV

THE STATE INFORMATION COMMISSION

15. (1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the.............(name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The State Information Commission shall consist of---

(a) the State Chief Information Commissioner; and

(b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.

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

(i) the Chief Minister, who shall be the Chairperson of the committee;

(ii) the Leader of opposition in the Legislative Assembly; and

(iii) a Cabinet Minister to be nominated by the Chief Minister.

Explanation--- For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognized as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

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

(5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

(6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

(7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.

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 an 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 any State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.

CHAPTER V

POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES

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 limits 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 the 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 applicant 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 there under.

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.

(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, being organisations established by the State Government, as that Government may, from time to time, by notification in the official gazette, specify:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty five days from the date of the receipt of request.

(5) Every notification issued under sub-section (4) shall be laid before the State Legislature;

25. (1) The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.

(2) Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.

(3) Each report shall state in respect of the year to which the report relates,-

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

(b) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked;

(c) the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;

(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;

(e) the amount of charges collected by each public authority under this Act;

(f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;

(g) recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information.

(4) The Central Government or the State Government, as the case may be may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two houses, and where there is one House of the State Legislature before that House.

(5) If it appears to the Central Information Commission or State Information Commission, as the case may be that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

26. (1) The appropriate Government may, to the extent of availability of financial and other resources,-

(a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;

(b) encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;

(c) promote timely and effective dissemination of accurate information by public authorities about their activities; and

(d) train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.

(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing 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.

(3) The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include-

(a) the objects of this Act;

(b) the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be of every public authority appointed under sub-section (1) of section 5;

(c) the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;

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

(e) the assistance available from the Central Information Commission or State Information Commission, as the case may be;

(f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act inc1uding the manner of filing an appeal to the Commission;

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

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

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

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

27. (1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

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

(a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;

(b) the fee payable under sub-section (1) of section 6;

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

(d) the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;

(e) the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and

(f) any other matter which is required to be, or may be, prescribed.

28. (1) The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

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

(i) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;

(ii) the fee payable under sub-section (1) of section 6;

(iii) the fee payable under sub-section (1) of section 7;

(iv) any other matter which is required to be, or may be, prescribed.­

29. (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, 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.

30. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act. .

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

31. The Freedom of Information Act, 2002 is hereby repealed.

THE FIRST SCHEDULE

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

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 judgement perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.”

THE SECOND SCHEDULE

(See section 24)

INTELLIGENCE AND SECURITY ORGANISATION

ESTABLISHED BY THE CENTRAL GOVERNMENT

1. Intelligence Bureau.

2. Research and Analysis Wing of the Cabinet Secretariat.

3. Directorate of Revenue Intelligence.

4. Central Economic Intelligence Bureau.

5. Directorate of Enforcement.

6. Narcotics Control Bureau.

7. Aviation Research Centre

8. Special Frontier Force.

9. Border Security Force.

10. Central Reserve Police Force.

11. Indo-Tibetan Border Police.

12. Central Industrial Security Force.

13. National Security Guards.

14. Assam Rifles.

15. Special Service Bureau.

16. Special Branch (CID),Andaman and Nicobar.

17. The Crime Branch-CID- CB, Dadra and Nagar Haveli.

18. Special Branch, Lakshadweep Police.