THE FREEDOM OF INFORMATION BILL, 1999.

A

BILL

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 administration and in relation to matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows:

CHAPTER 1

PRELIMINARY

Short title and extent

1.(]) This Act may be called the Freedom of Information Act,1999.

(2) It extends to the whole of India except to 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 continued owned, substantially financed by funds provided directly or indirectly or controlled -

(i) by the Central Government , the Central Government;

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

(b) "competent authority" means -

(i) the Speaker in the case of the House of the people oi- the Legislative Assembly and the Chairman in the case of the Council of States or the Legislative Council;

(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 case of other authorities created by or under the Constitution

(c)"freedom of information" means the right to obtain information from any public authority by means of -

(i) inspection taking of extracts and notes,

(ii) obtaining certified copies of any records of sub public authority;

(iii) obtaining through electronic means of print-outs where such information is stored in a computer or in any other device;

(d)"Information" means any material relating to the affairs, administration Or decision of a public authority.

(e)'National Council" means the National Council for Freedom of Information (f)"prescribed" means prescribed by rules under this Act by the appreciate Government of the competent authority, as the case may be

(g)"public authority" means any authority or body established or constituted

(i)by or under the Constitution;

(ii) by any law made by the appropriate Government and includes and other body owned, controlled or substitute under by directly or indirectly by the appropriate Government.

(h) "Public Information Officer" means the Public Information Officer appointed under sub-section (I) of section 5;

(i) "record" includes -

(j)any document, manuscript and file

(ii)any microfilm ---- and facsimile copy of document

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

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

(j)"State Council " means the State Council for Freedom of Information established under sub-sections (1) of section 19 (K)" 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.

Obligation on public authority

4. Subject to the provisions of sections 8 and 9, every public authority shall

(a)maintain all its records, consistent with its operational requirements duly cataloged and indexed;

(b)publish at such intervals as many be prescribed by the appropriate Government or competent authority-

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

(ii)the powers and duties of its officers and employees and the procedure followed by them in the decision making process

(iii)the norms set by the public authority for the discharge of its functions

(iv)rules, regulations, instructions, manuals and other categories of records under its control used by its employees for discharging its functions;

(v)the details of facilities available to citizens for obtaining information and

(vi)the name, designation and other particulars of the Public Information Officer.

(c)publish all 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)publish before initiating any project such matter likely to affect the general public within its knowledge and control for the information of the general public and the person likely to be affected.

Appointment of Public Information Officers

5. (1) Every public authority shall for the purpose 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 assistance.

(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 sub-section (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 to the concerned Public Information Officer specifying the particulars of on sought by him.

Provided that where such request cannot be made in writing, the Public Information Officer shall, expeditiously as possible, and in any case within thirty 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 10;

Provided that where it is decided to provide the information on payment of any further fee representing the cost of providing the information, be 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.

Disposal of requests

7. (1) On receipt of a request under section 6, the Public Information officer shall, a 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 10;

Provided that where it is decided to provide the information on payment of any further fee representing the cost of providing the information, be 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 i'nto consideration the re ,presentation m ade by the third party under section 1 1.

(3) Where a request is rejected under sub-section (2) the Public Information Officer shall communicate to the person making the request, -

(i)the reasons for such rejection;

(ii)the period within which the, appeal shall be preferred;

(iii)the particulars of the appellate authority.

(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. Notwithstanding anything contained in this Act. But subject to the provisions of section 9 the following information shall be exempted from disclosure, namely:-

(1)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.

Including information received in confidence from foreign Governments, their agencies or international organizations.

(2)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:

(3)information in the nature of-

(i)Cabinet papers including records relating to tile deliberations of the Committee of Secretaries;

(ii)Rules made under clause(3) of article 77 and clause (3) of article of 166 of the Constitution relating to transaction of the business of the Government and proceedings of the Cabinet and its and rules of Procedure relating to proceedings of the Cabinet and its Committee.

(4)information in the nature of advice including legal advice, opinions, recommendations or minutes for the purposes of the deliberative processes in a public authority, contained in intr-departmental or inter-departmental papers.

(5)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;

(6)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 of a third party or loss to any person;

(7)information, the disclosure of which would prejudicially affect the management of personnel of public authorities and their operations;

(8)information, the disclosure of which may result in the breach of privileges of Parliament or the Legislature of a State, contravention of an order of Court of competent jurisdiction.

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 where such request-

(a)is too general in nature or is of such a nature that, having regard in the volume of information required to be retrieved or processed would involve disproportionate diversion of the resources of a public 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 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 exempt d 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

1 1. 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 arty, the Public Information Officer shall by notice to such third party invite representation against the proposed disclosure if any within fifteen 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

NATIONAL COUNCIL FOR FREEDOM OF INFORMATION

National Council For Freedom of Information

13. (1) The Central Government may be notification in the Official Gazette, establish with effect from such 1 day as may be specified in . the notification, a Council to the known as the National Council for Freedom of Information

(2) The National Council may consist of the following members, namely:-

(a) the Minister in charge of the Ministry of the Central Government having administrative control over the Department of Administrative Reforms, who shall be its Chairman and

(b) such number of other official and non-official members representing such interests as may be prescribed by the Central Government;

(c) the National Council may meet as and when necessary, with at least one meeting being held every year;

(d)the time and place of the meetings of the National Council shall be as the Chairman thinks fit and it shall observe such procedure as may be prescribed by the Central Government to transact its business.

Conditions of service of members

14. The term of office and other allowances payable to the non-official member of the National Council shall be such as may be prescribed by the Central Government.

Officers and other employees of the National Council

15. (1) The Central Government shall provide the National Council -With such officers and employees as may be necessary for the efficient performance of the functions of the National Council under this Act.

(2) The salaries and allowances payable to and other terms and conditions of service of the officers and other employees appointed for the purpose of the National Council shall be such as may be prescribed by the Central Government.

Objects of the National Council

16. The National Council shall recommend the measures for promotion of freedom of information in the country and it shall in particular deal with all matters related to freedom of information, namely:-

(a) review of the operation of this Act and rules made thereunder;

(b) review of the administrative arrangements and procedures to secure for citizens the fullest possible access to information under this Act;

(c) research and documentation regarding management of information with a view to improve the extent and accuracy of information being made available under this Act; and

(d) to advise the Central Government on all matters related to freedom of information, including training, development and orientation of its employees to bring about culture of openness and transparency in the functioning of public authorities.

Annual report

17. The National Council shall prepare in such form and at such time each :6nancial year as may be prescribed by the Central Government, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to that Government.

Annual report to be laid before Parliament

18. The Central Government shall cause the annual report submitted under section 17 to be laid, as soon as may be after it is received, before each House of Parliament.

CHAPTER IV

STATE COUNCILS FOR FREEDOM OF INFORMATION

19. (1) The State Government may, by notification in the Official Gazette, establish with effect from such day as may be specified in the notification, a Council to be known as the State Council for Freedom of Information.

(2) The State Council may consist of the following members, namely:-

(a) the Minister in charge of the Ministry of the State Government having administrative control over the Department of Administrative Reforms, by whatever name called, who shall be its Chairman; and

(b) such member of other official and non-official members representing such interests as may be prescribed;

(c) the State Council may meet as and when necessary, with at least one meeting being held every year,

(d) the time and place of the meeting of the State Council shall be as the Chairman thinks fit and it shall observe such procedure as may be prescribed by the State Government to transact its business.

Conditions of service of members

20. The term of office and other allowances payable to the nonofficial members of the State Council shall be such as may be prescribed by the State Government.

Officers and other employees of the State Council

21. (1) The State Government shall provide the State Council with such officers and employees as may be necessary for the efficient performance of the functions of the State Council under this Act.

(2) The salaries and allowances payable to, and other terms and conditions of service of the officers and other employees appointed for the purpose of the State Council shall be such as may be prescribed by the State Government.

Objects of the State Council

22. The object of the State Council shall be to promote the freedom of information within the State and it shall deal with the matters specified to section 16 in respect of the State.

Annual Report

23. The State Council shall prepare, in such form and at such time each financial year. as may be prescribed by the State Government, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to that Government.

Annual reports to be laid before thee State Legislature

24. The State Government shall cause the annual report submitted under section 23 to be laid, as soon as may be after it is. received, before the Legislature of the State.

CHAPTER V

MISCELLANEOUS

Protection of action taken in good faith

25.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

26. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act.

Bar of jurisdiction of Courts

27. No Court shall entertain any suit, application or 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 organisations

28.(]) Nothing contained in this Act,-

(a)shall apply to the intelligence and security organisations, specified in the Schedule being organisations established by the Central or a State Government, any information furnished by such organisations to the respective Governments; (b)shall until Part B of the Schedule is amended under sub-section (2) apply to the intelligence and security organisations by whatever name called discharging their functions as under the State governments.

(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other security or any other intelligence organisation established by the Central or a state government or omitting therefrom any organisation already specified therein and on the publication of such a notification, such organisations shall be deemed to be included in the 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 the Parliament.

Power to make rules by Central Government

29. (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 section 7;

(c)the other authority before whom an appeal may be preferred under sub-section (1) of section 12;

(d)the number of official and non-official members and the interests represented by them under clause (b) of sub-section (2) of section 13;

(e)the procedure to be observed by the National Council under clause (d) of the subsection (2) of section 13.

(/)the term of office and other allowances payable to non-official members under section 14;

(g)the salaries and allowances payable to and other terms and conditions of service of officer and other employees under sub-section (2) of section 15;

(h)the time at which the form in which the annual report shall be prepared under section 17;

(i)any other matter which is required to be, or maybe prescribed.

Power to make rules by State Government

(30) (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 section 7;

(b) the other authority before whom an appeal may be preferred under sub-section (1) of Section 12;

(c) the number of official and non-official members and the interests represented by them under clause (b) of sub-section (2) of section 19;

(d) the procedure to be observed by the State Council under clause (d) of sub-section (2) of section 19;

(e) the tenn of the office and other allowances payable to non-official members under section 20.

(f) the salaries and allowances payable to and other terms and conditions of service of officer and other employees under sub-section (2) of section 21;

(g) the time at which and the the form in which the annual report shall be prepared under section 23.

(h) any other matter which is required to be, or maybe, prescribed; Provide that first rules shall be made by Central Government notification.

Rule making, power by competent authority

3 I. (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 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

32 (1) Every rule under this Act by the Central Government or shall be laid, as soon as maybe after it is made, before each house of the Parliament, while it is in session, for a total period of thirty days which maybe 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 shall not be made, the rule shall have 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

33 (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.