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THE FREEDOM OF INFORMATION BILL, 2000 Bill
Caution; This Bill was provided by speaker for ICJ's conference which was held in April, 2001. This may be not the newest one.
to provide for freedom to every citizen to secure access to information under the control of public authorities, consistent with public interest in order to promote openness, transparency and accountability in administration and in relation to matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:
CHAPTER I PRELIMINARY Short title extent and commencement 1. (1) This Act may be called the Freedom of Information Act, 2000 (2) It extends to the whole of India except the state of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions 2. In this Act, unless the context otherwise requires,- (a) "appropriate Government" means in relation to a public authority established, constituted, owned, substantially financed by funds provided directly or indirectly or controlled-
(b) "competent authority" means ?
(c) "freedom of information" means the right to obtain information from any public authority by means of-
(d) "Information" means any material relating to the administration, operations or decisions of a public authority. (e) "prescribed" means prescribed by rules under this Act by the appropriate Government or the competent authority, as the case may be; (f) "public authority" means any authority or body established or constituted-
(g)"Public Information Officer" means the Public Information Officer appointed under subsection (i) of section 5 ; (h)"record" includes-
(i)"Third Party" means a person other than the person making a request for information and includes a public authority.
CHAPTER II FREEDOM OF INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES Freedom of Information 3. Subject to the provisions of this Act, all citizens shall have freedom of information. Obligations on public authorities 4 . Every public authority shall (a) maintain all its records, in such a manner and form as is consistent with its operational requirements duly cataloged and indexed ; (b) publish at such intervals as may be prescribed by the appropriate Government or competent authority-
(c) publish all relevant facts concerning important decisions and policies that affect the public while announcing such decisions and polices; (d) give reasons for its decisions whether administrative or quasi judicial to those affected by such decisions; (e) before initiating any project publish or communicate to the public generally or to the persons affected or likely to be affected by the project in particular, the facts available to it or to which it has reasonable access which in its opinion should be known to them in the best interests of maintenance of democratic principles. A ointment of Public Information Officers 5. (1) Every public authority shall for the purposes of this Act, appoint one or more officers as Public Information Officers . (2) Every Public Information Officer shall deal with requests for information and shall render reasonable assistance to any person seeking such information. (3) The Public Information Officer may seek the assistance of any other officer as he considers necessary for the proper discharge of his duties. (4) Any officer whose assistance has been sought under subsection (3), shall render all assistance to the Public Information Officer seeking his assistance. Requests for obtaining information 6 . A person desirous of obtaining information shall make a request in writing, or through electronic means, to the concerned Public Information Officer specifying the particulars of the information sought by him. Provided that where such request cannot be made in writing, the Public Information Officer shall, render all reasonable assistance to the person making the request orally to reduce it in writing . Disposal of requests 7 . (1) On receipt of a request under section 6, the Public Information Officer shall, as expeditiously as possible, and in any case within thirty working days of the receipt of the request, either provide the information requested on payment of such fees as may be prescribed or reject the request for any of the reasons specified in section 8 and 9: Provided that where it is decided to provide the information on payment of any further fee representing the cost of providing the information , he shall send an intimation to the person making the request, giving details of the fees determined by him, requesting him to deposit the 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 above. (2) Before taking any decision under section (1), the Public Information Officer shall take into consideration the representation made by a third party under section 11 . (3) Where a request is rejected under sub-section (2), the Public Information Officer shall communicate to the person making the request, -
(4) Information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of a public authority or would be detrimental to the safety or preservation of the record in question. Exemption from disclosure of information 8. (1) Notwithstanding anything hereinbefore contained, the following information not being information relating to any matter referred to in sub-section (2), shall be exempted from disclosure, namely:- (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, detection and investigation of an offence or which may lead to an incitement to commit an offence or prejudicially affect fair trial or adjudication of a pending case. (c) information, the disclosure of which would prejudicially affect the conduct of Centre-State relations, including information exchanged in confidence between the Central and State Governments or any of their authorities or agencies. (d) Cabinet papers including records of the deliberations of the Council of Ministers, Secretaries and other officers . (e) minutes or records of advice including legal advice, opinions or recommendations made by an officer of a public authority during the decision making process prior to the executive decision or policy formulation (f) trade or commercial secrets protected by law or information, the disclosure of which would prejudicially affect the legitimate economic and commercial interests or the competitive position of a public authority; or would cause unfair gain or loss to any person. (g) information, the disclosure of which may result in the breach of privileges of Parliament or the Legislature of a State, contravention of a lawful order of a court. (2) Any information relating to any occurrence, event or matter which has taken place occurred or happened twenty-five 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-five years has to be computed, the decision of the Central Government shall be final. Grounds for refusal of access in certain cases 9 . Without prejudice to the provisions of section 8, a Public information Officer may reject a request for information also where such request- (a) is too general in nature or is of such a nature that, having regard to the volume of information required to be retrieved or processed would involve disproportionate diversion of the resources of a pubic authority or would adversely interfere with the functioning of such authority; Provided that where such request is rejected on the ground that the request is too general, it would be the duty of the Public Information officer to render help as far as possible to the person making request to reframe his request in such a manner as may facilitate compliance with it; (b) relates to information that is required by law, rules, regulations or orders to be published at a particular time and such information is likely to be so published within thirty days of the receipt of such request; or (c) relates to information that is contained in published material available to public (d) relates to information which would cause unwarranted invasion of the privacy of any person. Severability 10. If a request for access to information is rejected on the ground that it is in relation to information which is exempted from disclosure, then notwithstanding anything contained in this Act, access may be given to that part of the record which does not contain any information that is exempted from disclosure under this Act and which can reasonably be severed from any part that contains exempted information. Third party information 11. Where a public authority intends to disclose information on a request made by a party which relates to, or has been supplied by a third party and has been treated as confidential by that third party, the Public Information Officer shall by notice to such third party invite representation against the proposed disclosure if any within fifty days from the date of receipt of such notice: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interest of such third party. Appeals 12 (1) Any person aggrieved by a decision of the Public Information Officer may, within thirty days of receipt of such decision, prefer an appeal to such authority as may be prescribed : Provided that such authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) A second appeal against the decision under sub-section (1) shall lie with in thirty days of such decision, to the Central Government or the State Government or the competent authority, as the case may be. Provided that the Central Government or the State Government or the competent authority as the case may be may entertain the appeal after the expiry of the said period or thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The appeals referred to in sub-section (1) and (2) shall be disposed of within thirty days of the receipt of such appeals or within such extended period as the case may be for reasons to be recorded in writing. (4) If the decision of the Public Information Officer against which the appeal is preferred under sub-section (1) or (2) also relates to Information of third party, the appellate authority shall give a reasonable opportunity of being heard to that third party.
CHAPTER III MISCELLANEOUS Protection of action taken in good faith 13. 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 thereunder. Act to have an overriding effect 14. The Official Secrets Act, 1 923 and every other Act in force shall cease to be operative to the extent to which they are inconsistent with the provisions of this Act. Bar of jurisdiction of Courts 15. 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. Act not to apply to certain or organizations 16. (1) Nothing contained in this Act,- (a) shall apply to the intelligence and security organizations, specified in the Schedule being organizations established by the Central or a State Government or any' information furnished by such organizations to the respective Governments ; (b) shall until Part B of the Schedule is amended under subsection (2) apply to the intelligence and security organizations by whatever name called discharging their functions as such under the State governments. (2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organization established by the Central or a State Government or omitting therefrom any organization already specified therein and on the publication of such notification, such organizations 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. Power to make rules b Central Government 17. (1) The Central 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) intervals at which the matters referred to in the sub-clauses (i) to (vi) of clause (b) of section 4 shall be published; (b) the fee payable under sub-section (1) of section 7; (c) the other authority before whom an appeal may be preferred under sub-section (1) of section 12 ; (d) any other matter which is required to be, or maybe ' prescribed. Power to make rules b State Government 18. (1) The State 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 fee payable under sub-section (1) of section 7 ; (b) the other authority before whom an appeal may be preferred under sub-section ( 1) of Section 12; (c) any other matter which is required to be, or maybe, prescribed; Provided that initially the rules made shall be made by the Central Government by notification in the Official Gazette. Rule making power by competent authority 19. (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 powers, such rules may provide for all or any of the following matters, namely;- (a) the fee payable under sub-section (1)of section 7; (b) the other authority before whom the appeal maybe preferred under subsection (1) of section 12; (c) any other matter which is required to be, or maybe, prescribed. Laying of rules 20. (1) Every rule under this Act by the Central Government 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 session or the successive sessions aforesaid, both Houses agree in making any modifications 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 maybe; 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 maybe after it is notified, before the State Legislature. Power to remove difficulties 21. (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 appears 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 maybe after it is made, be laid before the Houses of the Parliament. THE SCHEDULE (See Section 16) PART A Intelligence and security organizations established by the 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 Central PART B Intelligence and security organizations established by the State Government Name of the Organization Name of the State 1. 2. 3.
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