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1
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(1)
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This Act may be called the Right to Information Act, 2005.
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(2)
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It extends to the whole of India except the State of Jammu and Kashmir.
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(3)
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The provisions of sub-section (1) of section 4, sub-sections (1)
and (2) of section 5, sections 12, 13, 15,16, 24 , 27 and 28 shall come
into force at once, and the remaining provisions of this Act shall come into force
on the one hundred and twentieth day of its enactment.
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Definitions
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2
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In this Act, unless the context otherwise requires,—
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(a)
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"Appropriate Government" means in relation to a public authority which is established,
constituted, owned, controlled or substantially financed by funds provided directly
or indirectly—
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(i)
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By the Central Government or the Union territory administration, the Central Government;
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(ii)
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By the State Government, the State Government;
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(b)
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"Central Information Commission" means the Central Information Commission constituted
under sub-section (1) of section 12;
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(c)
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"Central Public Information Officer" means the Central Public Information Officer
designated under sub-section (1) and includes a Central Assistant Public
Information Officer designated as such under sub-section (2) of section
5;
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(d)
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"Chief Information Commissioner" and "Information Commissioner" mean the Chief Information
Commissioner and Information Commissioner appointed under sub-section (3)
of section 12;
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(e)
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"Competent authority" means—
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(i)
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The Speaker in the case of the House of the People or the Legislative Assembly of
a State or a Union territory having such Assembly and the Chairman in the case of
the Council of States or Legislative Council of a State;
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(ii)
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The Chief Justice of India in the case of the Supreme Court;
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(iii)
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The Chief Justice of the High Court in the case of a High Court;
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(iv)
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The President or the Governor, as the case may be, in the case of other authorities
established or constituted by or under the Constitution;
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(v)
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The administrator appointed under article 239 of the Constitution;
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(f)
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"Information" means any material in any form, including records, documents, memos,
e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic form and
information relating to any private body which can be accessed by a public authority
under any other law for the time being in force;
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(g)
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"Prescribed" means prescribed by rules made under this Act by the appropriate Government
or the competent authority, as the case may be;
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(h)
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"Public authority" means any authority or body or institution of self- government
established or constituted—
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(a)
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By or under the Constitution;
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(b)
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By any other law made by Parliament;
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(c)
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By any other law made by State Legislature;
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(d)
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By notification issued or order made by the appropriate Government, and includes
any—
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(i) Body owned, controlled or substantially financed;
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(ii) Non-Government organization substantially financed, directly or indirectly
by funds provided by the appropriate Government;
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(i)
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"Record" includes—
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(a)
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Any document, manuscript and file;
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(b)
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Any microfilm, microfiche and facsimile copy of a document;
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(c)
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Any reproduction of image or images embodied in such microfilm (whether enlarged
or not); and
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(d)
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Any other material produced by a computer or any other device;
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(j)
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"Right to information" means the right to information accessible under this Act
which is held by or under the control of any public authority and includes the right
to—
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(i)
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Inspection of work, documents, records;
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(ii)
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Taking notes, extracts or certified copies of documents or records;
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(iii)
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Taking certified samples of material;
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(iv)
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Obtaining information in the form of diskettes, floppies, tapes, video cassettes
or in any other electronic mode or through printouts where such information is stored
in a computer or in any other device;
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(k)
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"State Information Commission" means the State Information Commission constituted
under sub-section (1) of section 15;
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(l)
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"State Chief Information Commissioner" and "State Information Commissioner" mean
the State Chief Information Commissioner and the State Information Commissioner
appointed under sub-section (3) of section 15;
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(m)
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"State Public Information Officer" means the State Public Information Officer designated
under sub-section (1) and includes a State Assistant Public Information
Officer designated as such under sub-section (2) of section 5;
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(n)
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"Third party" means a person other than the citizen making a request for information
and includes a public authority.
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