this Act unless the context otherwise requires:-
Subject to the provisions of this Act every citizen shall have
the freedom to inspect and obtain copies of any record created
within three preceding calendar years which is in possession
of a public body.
Notwithstanding anything contained in Sub-section (1), no person
shall be given-
(a) Information, the disclosure of which would prejudicially
affect the sovereignty and integrity of India, security of
the State, strategic scientific or economic interest of India
or conduct of international relations;
(b) Information, the disclosure of which would prejudicially
affect public safety and order or which may lead to an incitement
to commit an offence or prejudicially affect fair trial or
adjudication of a case;
(c) Information relating to Cabinet papers and every Government
Order issued on the basis of the Cabinet decision including
records of the deliberations of the Council of Ministers,
Secretaries and other Officers;
(d) Information the disclosure of which would harm, frankness
and candor of internal discussions including inter departmental
or intra departmental notes, correspondence and papers containing
advice or opinion as also of projections and assumptions relating
to internal policy analysis;
(e) Information the disclosure of which would prejudice the
assessment or collection of any tax, cess, duty or fee or
assist in avoidance or evasion of the tax, cess, duty or fee.
(f) Information the disclosure of which would constitute a
breach of privilege of the Parliament or the State Legislature;
(g) Information regarding trade or commercial secrets protected
by law or such information, the disclosure of which would
prejudicially affect the legitimate economic and commercial
interest or the competitive position of a public body or would
cause unfair gain or loss to any person;
Information regarding any matter which is likely to-
(i) help or facilitate escape from legal custody or affect
prison Security or
(ii) which relates to the process of investigation or apprehension
or prosecution of offenders.
(iii) information the disclosure of which is prohibited
under any enactment regulation or international agreement.
- The period of three years shall be reckoned from 1st January
of the calendar year in which any person applies to inspect or
obtain copies of any record.
(1) A person desiring to inspect or obtain a copy of record
under this Act may make an application in writing to the designated
(2) The designated officer shall, as soon as possible, but not
later than thirty days, of receipt of such an application subject
to the provisions of sub section (2) of Section 4 and Section
6 of this Act, permit inspection of the record or supply copies,
as the case may be unless the application fails to pay the requisite
fee or refuse such permission if information can not be supplied
under the provisions of this Act.
(3) Where a request is rejected under sub-section (2) the designated
officer shall communicate to the person making 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.
Every public body shall charge fees for the information supplied
or inspection of document allowed at such rates as may be notified
by the State Government.
Without prejudice to the provisions of Section 4, the designated
officer may also reject a request for supply of information where
(a) is too general in nature and the information sought is of
such nature that, it is not required to be ordinarily collected
by the public body;
(b) relates to information that is required by law, rules, regulations
or orders to be published at a particular time;
(c) relates to information that is contained in published material
available to public;
(d) relates to personal information the disclosure of which
has no relationship to any public activity or which would cause
unwarranted invasion of the privacy of an individual;
(e) relates to matters classified as 'Secret' or 'Confidential'.
(f) is vague or meaningless; or too large in volume to prepare
Any person aggrieved by an order of the designated officer refusing
to provide information may prefer an appeal within thirty days
of the impugned order to the State Government or to such appellate
authority as may be notified by the State Government subject
to such rules as may be prescribed.
- An application made under sub-section (1) of Section 5 shall
be deemed to have been refused if no communication is received
within a period of forty days from the date of such application.
(2) An appeal shall be decided within thirty days form the date
of filing it
(3) The decision in appeal shall be final and binding on all
Where the head of a public body or designated officer fails
to supply the desired information within a period of thirty
days from the date of receipt of the copy of the order of the
appellate authority, the appellate authority may impose a penalty
not exceeding two thousand rupees on the concerned head of the
public body or designated officer as it thinks appropriate after
giving him a reasonable opportunity of being heard and such
a penalty shall be recoverable in such manner as may be prescribed.
The head of the public body or designated officer or whom a
penalty under sub-section (1) has been imposed may within thirty
days from the date of communication of such order to him, prefer
an appeal to the State Government.
The head of every public body shall be responsible for monitoring
the implementation of the provisions of this Act.
(2) Every head of public body shall for the purposes of this
Act, appoint one or more officials as designated officer.
The State Government may make rules to carry out the provisions
of this Act
(2) All rules made under this Act shall, as soon as possible
after they are made, be laid on the table of the Legislative
No suit prosecution or other legal proceedings shall lie against
the State Government or any public body or any person for anything
which is done or intended to be done in good faith in pursuance
of this Act or the rules made there under.
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
if any provided under this Act.
13. If any difficulty arises in giving effect to the provisions
of this Act the State Government may by order, make such provisions
not inconsistent with the provisions of this Act, as appears to
it to be necessary or expedient for removing the difficulty.
The provisions of this Act shall have effect notwithstanding anything
inconsistent herewith contained in any other law made by the State
Legislature in respect of any matter falling under State list
or Concurrent list except the provisions of any existing law or
a law made by Parliament in respect of any matter falling under