| 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-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. | |||
| 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 the 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 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;
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| (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—
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| (i) | body owned, controlled or substantially financed; | |||
| (ii) |
non-Government organization substantially financed,
directly or indirectly by funds provided by the appropriate Government;
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| (i) |
"record"
includes—
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| (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. | |||
THE RIGHT TO INFORMATION ACT, 2005 - Preliminary
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