JAMMU AND
KASHMIR RIGHT TO INFORMATION ACT, 2009 [REPEALED] THE JAMMU AND KASHMIR RIGHT TO INFORMATION ACT, 2009 [REPEALED] [Act No. 8 of 2009] [20th March, 2009] An Act to provide for setting out the regime of right to
information for the people of the State to secure access to information under
the control of public authorities, in order to promote transparency and
accountability in the working of every public authority, the constitution of a
State Information Commission and for matters connected therewith or incidental
thereto. Whereas, the Constitution
of India has established democratic Republic; and Whereas, democracy requires
an informed citizenry and transparency of information which are vital to its
functioning and also to contain corruption and to hold Government and its
instrumentalities accountable to the governed; and Whereas, revelation of
information in actual practice is likely to conflict with other public
interests including efficient operations of the Government, optimum use of
limited fiscal resources and the preservation of confidentiality of sensitive
information; and Whereas, it is necessary to
harmonize these conflicting interests while preserving the paramountcy of the
democratic ideal; and Whereas, it is expedient to
provide for furnishing certain information to citizens who desire to have it. Be it enacted by the Jammu
and Kashmir State Legislature in the Sixtieth Year of the Republic of India as
follows:-- (1)
This Act may be called the Jammu and Kashmir Right to Information
Act, 2009. (2)
It extends to the whole of the State. (3)
It shall come into force at once. In this Act, unless the
context otherwise requires,-- (a)
"Act" means the Jammu and Kashmir Right to Information
Act, 2009; (b)
"competent authority" means? (i)
the Speaker in the case of the Legislative Assembly of the State
and the Chairman in the case of the Legislative Council of the State; (ii)
the Chief Justice of the High Court in the case of the High Court; (iii)
the Governor in the case of other authorities established or
constituted by or under the Constitution of India or the Constitution of Jammu
and Kashmir; (c)
"Government" means the Government of Jammu and Kashmir; (d)
"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; (e)
"prescribed" means prescribed by rules made under the
Act by the Government or the competent authority, as the case may be; (f)
"public authority" means any authority or body or
institution of self-government established or constituted? (i)
by or under the Constitution of India or the Constitution of Jammu
and Kashmir; (ii)
by any other law made by Parliament; (iii)
by any other law made by the State Legislature; (iv)
by notification issued or order made by the Government, and
includes any? (A)
body owned, controlled or substantially financed; (B)
non-Government organization substantially financed, directly or
indirectly by funds provided by the Government; (g)
"Public Information Officer" means the Public
Information Officer designated under sub-section (1) and includes a Assistant
Public Information Officer designated as such under sub-section (2) of section 5; (h)
"record" includes-- (i)?? ?any
document, manuscript and file; (ii)? ?any
microfilm, microfiche and facsimile copy of a 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 any other device; (i) "right
to information" means the right to information accessible under the 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; (j)
"State Information Commission" means the State Information
Commission constituted under sub-section (1) of section 12; (k)
"State Chief Information Commissioner" and "State
Information Commissioner" means the State Chief Information Commissioner
and the State Information Commissioner appointed under sub-section (3) of
section 12; (l)
"third party" means a person other than the citizen
making a request for information and includes a public authority. Subject to the provisions
of the Act, every person residing in the State shall have the right to
information. (1)
Every public authority shall? (a)
maintain all its records duly catalogued and indexed in a manner
and the form which facilitates the right to information under the Act and ensure
that all records that are appropriate to be computerized are, within a
reasonable time and subject to availability of resources, computerized and
connected through a network all over the State on different systems so that
access to such records is facilitated; (b)
publish within one hundred and twenty days from the commencement
of the Act,-- (i)
the particulars of its organization, functions and duties; (ii)
the powers and duties of its officers and employees: (iii)
the procedure followed in the decision making process, including
channels of supervision and accountability; (iv)
the norms set by it for the discharge of its functions; (v)
the rules, regulations, instructions, manuals and records, held by
it or under its control or used by its employees for discharging its functions; (vi)
a statement of the categories of documents that are held by it or
under its control; (vii)
the particulars of any arrangement that exists for consultation
with, or representation by, the members of the public in relation to the
formulation of its policy or implementation thereof; (viii)
a statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted as its part or for the purpose of
its advice, and as to whether meetings of those boards, councils, committees
and other bodies are open to the public, or the minutes of such meetings are
accessible for public; (ix)
a directory of its officers and employees; (x)
the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its regulations; (xi)
the budget allocated to each of its agency, indicating the
particulars of all plans, proposed expenditures and reports on disbursements
made; (xii)
the manner of execution of subsidy programmes, including the
amounts allocated and the details of beneficiaries of such programmes; (xiii)
particulars of recipients of concessions, permits or
authorizations granted by it; (xiv) details
in respect of the information, available to or held by it, reduced in an
electronic form; (xv)
the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading room, if
maintained for public use; (xvi) the
names, designations and other particulars of the Public Information Officers; (xvii) such
other information as may be prescribed; and thereafter update these
publications every year; (c)
publish all relevant facts while formulating important policies or
announcing the decisions which affect public; (d)
provide reasons for its administrative or quasi-judicial decisions
to affected persons. (2)
It shall be a constant endeavour of every public authority to take
steps in accordance with the requirements of clause (b) of subsection (1) to
provide as much information suo motu to the public at regular intervals through
various means of communications, including internet, so that the public have
minimum resort to the use of the Act to obtain information. (3)
For the purposes of sub-section (1), every information shall be
disseminated widely and in such form and manner which is easily accessible to
the public. (4)
All materials shall be disseminated taking into consideration the
cost effectiveness, local language and the most effective method of
communication in that local area and the information should be easily
accessible, to the extent possible in electronic format with the Public
Information Officer available free or at such cost of the medium or the print
cost price as may be prescribed. Explanation:--For the
purposes of sub-sections (3) and (4), "disseminated" means making
known or communicated the information to the public through notice boards,
newspapers, public announcements, media broadcasts, the internet or any other
means, including inspection of offices of any public authority. (1)
Every public authority shall, within one hundred days of the
commencement of the Act, designate as many officers as the Public Information
Officers in all administrative units or offices under it as may be necessary to
provide information to persons requesting for the information under the Act. (2)
Without prejudice to the provisions of sub-section (1), every
public authority shall designate an offices within one hundred days of the
commencement of the Act, at each sub-divisional level or other sub-district
level as an Assistant Public Information Officer to receive the applications
for information or appeals under the Act for forwarding the same forthwith to
the Public Information Officer or senior officer specified under sub-section
(1) of section 16 or the State Information Commission, as the case may be: Provided that where an
application for information or appeal is given to a Assistant Public
Information Officer a period of five days shall be added in computing the
period for response specified under subsection (1) of section 7. (3)
Every Public Information Officer shall deal with requests from
persons seeking information and render reasonable assistance to the persons
seeking such information. (4)
The Public Information Officer may seek the assistance of any
other officer as he or she considers it necessary for the proper discharge of
his or her duties. (5)
Any officer, whose assistance has been sought under subsection
(4), shall render all assistance to the Public Information Officer seeking his
or her assistance and for the purposes of any contravention of the provisions
of the Act, such other officer shall be treated as a Public Information
Officer. (1)
A person, who desires to obtain any information under the Act,
shall make a request in writing or through electronic means in English, Urdu or
Hindi accompanying such fee as may be prescribed, to? (a)
the Public Information Officer of the concerned public authority; (b)
the Assistant Public Information Officer, specifying the
particulars of the information sought by him or her: 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 the
same in writing. (2)
An applicant making request for information shall not be required
to give any reason for requesting the information or any other personal details
except those that may be necessary for contacting him. (3)
Where an application is made to a public authority requesting for
an information,-- (a)
which is held by another public authority; or (b)
the subject matter of which is more closely connected with the
functions of another public authority, the public authority, to which such
application is made, shall transfer the application or such part of it as may
be appropriate to that other public authority and inform the applicant
immediately about such transfer: Provided that the transfer
of an application pursuant to this subsection shall be made as soon as
practicable but in no case later than five days from the date of receipt of the
application. (1) Subject
to the proviso to subsection (2) of section 5 or the proviso to sub-section (3)
of section 6, the Public Information Officer on receipt of a request under
section 6 shall, as expeditiously as possible, and in any case within thirty
days of the receipt of the request, either provide the information on payment
of such fee as may be prescribed or reject the request for any of the reasons
specified in sections 8 and 9: Provided that where the
information sought for concerns the life or liberty of a person, the same shall
be provided within forty-eight hours of the receipt of the request. (2)
If the Public Information Officer fails to give decision on the
request for information within the period specified under sub-section (1), the
Public Information Officer shall be deemed to have refused the request. (3)
Where a decision is taken to provide the information on payment of
any further fee representing the cost of providing the information, the Public
Information Officer shall send an intimation to the person making the request,
giving? (a)
the details of further fees representing the cost of providing the
information as determined by him, together with the calculations made to arrive
at the amount in accordance with fee prescribed under sub-section (1),
requesting him to deposit that 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 in that
sub-section; (b)
information concerning his or her right with respect to review the
decision as to the amount of fees charged or the form of access provided,
including the particulars of the appellate authority, time limit, process and
any other forms. (4)
Where access to the record or a part thereof is required to be
provided under the Act and the person to whom access is to be provided is
sensorily disabled, the Public Information Officer shall provide assistance to
enable access to the information, including providing such assistance as may be
appropriate for the inspection. (5)
Where access to information is to be provided in the printed or in
any electronic format, the applicant shall, subject to the provisions of
sub-section (6), pay such fee as may be prescribed: Provided that the fee
prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of
section 7 shall be reasonable and no such fee shall be charged from the persons
who are of below poverty line as may be determined by the Government. (6)
Notwithstanding anything contained in sub-section (5), the person
making request for the information shall be provided the information free of
charge where a public authority fails to comply with the time limits specified
in sub-section (1). (7)
Before taking any decision under sub-section (1), the Public
Information Officer shall take into consideration the representation made by a
third party under section 11. (8)
Where a request has been rejected under sub-section (1), the
Public Information Officer shall communicate to the person making the
request,-- (a)
the reasons for such rejection; (b)
the period within which an appeal against such rejection may be
preferred; and (c)
the particulars of the appellate authority. (9)
An information shall ordinarily be provided in the form in which
it is sought unless it would disproportionately divert the resources of the
public authority or would be detrimental to the safety or preservation of the
record in question. (1)
Notwithstanding anything contained in the Act, there shall be no
obligation to give any citizen,-- (a)
information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific or
economic interests of the State or lead to incitement of an offence; (b)
information which has been expressly forbidden to be published by
any court of law or tribunal or the disclosure of which may constitute contempt
of court; (c)
information, the disclosure of which would cause a breach of
privilege of Parliament or the State Legislature; (d)
information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the competitive
position of a third party, unless the competent authority is satisfied that
larger public interest warrants the disclosure of such information; (e)
information available to a person in his fiduciary relationship,
unless the competent authority is satisfied that the larger public interest
warrants the disclosure of such information; (f)
information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security purposes; (g)
information which would impede the process of investigation or
apprehension or prosecution of offenders; (h)
cabinet papers including records of deliberates of the Council of
Ministers, Secretaries and other officers: Provided that the decisions
of Council of Ministers, the reasons thereof, and the material on the basis of
which the decisions were taken shall be made public after the decision has been
taken, and the matter is complete, or over: Provided further that those
matters which come under the exemptions specified in this section shall not be
disclosed; (i) information
which relates to personal information the disclosure of which has no
relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Public
Information Officer or the appellate authority, as the case may be, is
satisfied that the larger public interest justifies the disclosure of such
information: Provided that the
information which cannot be denied to the Parliament or the State Legislature
shall not be denied to any person. (2)
Notwithstanding anything in the State Official Secrets Act, Samvat
1977 or any of the exemptions permissible in accordance with sub-section (1), a
public authority may allow access to information, if public interest in
disclosure outweighs the harm to the protected interests. (3)
Subject to the provisions of clauses (a), (c) and (h) of
subsection (1), any information relating to any occurrence, event or matter
which has taken place, occurred or happened twenty 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 years has
to be computed, the decision of the Government shall be final, subject to the
usual appeals provided for in the Act. Without prejudice to the
provisions of section 8, a Public Information Officer may reject a request for
information where such a request for providing access would involve an
infringement of copyright subsisting in a person other than the State. (1)
Where a request for access to information is rejected on the ground
that it is in relation to information which is exempt from disclosure, then,
notwithstanding anything contained in the O, access may be provided to that
part of the record which does not contain any information which is exempt from
disclosure under the Act and which can reasonably be severed from any part that
contains exempt information. (2)
Where access is granted to a part of the record under subsection
(1), the Public Information Officer shall give a notice to the applicant,
informing? (a)
that only part of the record requested, after severance of the
record containing information which is exempt from disclosure, is being
provided; (b)
the reasons for the decision, including any findings on any
material question of fact, referring to the material on which those findings
were based; (c)
the name and designation of the person giving the decision; (d)
the details of the fees calculated by him or her and the amount of
fee which the applicant is required to deposit; and (e)
his or her rights with respect to review of the decision regarding
non-disclosure of part of the information, the amount of fee charged or the
form of access provided, including the particulars of the senior officer
specified under sub-section (1) of section 16 or the State Information
Commission, as the case may be, time limit, process and any other form of
access. (1) Where a
Public Information Officer intends to disclose any information or record, or
part thereof on a request made under the Act, 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, within five days from the receipt
of the request, give a written notice to such third party of the request and of
the fact that the Public Information Officer intends to disclose the
information or record, or part thereof, and invite the third party to make a
submission in writing or orally, regarding whether the information should be
disclosed, and such submission of the third party shall be kept in view while
taking a decision about disclosure of information: 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 interests of such third party. (2)
Where a notice is served by the Public Information Officer under
sub-section (1) to a third party in respect of any information or record or
part thereof, the third party shall, within ten days from the date of receipt
of such notice, be given the opportunity to make representation against the
proposed disclosure. (3)
Notwithstanding anything contained in section 7, the Public
Information Officer shall, within forty days after receipt of the request under
section 6, if the third party has been given an opportunity to make
representation under sub-section (2), make a decision as to whether or not to
disclose the information or record or part thereof and give in writing the notice
of his decision to the third party. (4)
A notice given under sub-section (3) shall include a statement
that the third party to whom the notice is given is entitled to prefer an
appeal under section 16 against the decision. (1)
The Government shall, by notification in the Government Gazette,
constitute a body to be known as the Jammu and Kashmir State Information
Commission to exercise the powers conferred on, and to perform the functions
assigned to, it under the Act. (2)
The State Information Commission shall consist of? (a)
the State Chief Information Commissioner; and (b)
two State Information Commissioners. (3)
The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the recommendation of a
committee consisting of? (a)
the Chief Minister, who shall be the Chairperson of the committee; (b)
the Leader of Opposition in the Legislative Assembly; and (c)
a Cabinet Minister to be nominated by the Chief Minister. Explanation:--For the
purposes of removal of doubts, it is hereby declared that where the Leader of
Opposition in the Legislative Assembly has not been recognized as such, the
Leader of the single largest group in opposition of the Government in the
Legislative Assembly shall be deemed to be the Leader of Opposition. (4)
The general superintendence, direction and management of the
affairs of the State Information Commission shall vest in the State Chief
Information Commissioner who shall be assisted by the State Information
Commissioners and may exercise all such powers and do all such acts and things
which may be exercised or done by the State Information Commission autonomously
without being subjected to directions by any other authority under the Act. (5)
The State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide knowledge
and experience in law, science and technology, social service, management,
journalism, mass media or administration and governance. (6)
The State Chief Information Commissioner or a State Information
Commissioner shall not be a Member of Parliament or Member of the Legislature
of any State or Union territory, as the case may be, or hold any other office
of profit or connected with any political party or carrying on any business or
pursuing any profession. (7)
The headquarters of the State Information Commission shall be at
such place in the State as the Government may, by notification in the
Government Gazette, specify. (1) The State
Chief Information Commissioner shall hold office for a term of five years from
the date on which he enters upon his office and shall not be eligible for reappointment: Provided that the State
Chief Information Commissioner shall not hold office as such after he has
attained the age of sixty-five years. (2) Every
State Information Commissioner shall hold office for a term of five years from
the date on which he enters upon his office or till he attains the age of
sixty-five years, whichever is earlier, and shall not be eligible for
reappointment as such State Information Commissioner: Provided that every State
Information Commissioner shall, on vacating his office under this sub-section,
be eligible for appointment as the State Chief Information Commissioner in the
manner specified in sub-section (3) of section 12: Provided further that where
the State Information Commissioner is appointed as the State Chief Information
Commissioner, his term of office shall not be more than five years in aggregate
as the State Information Commissioner and the State Chief Information
Commissioner. (3)
The State Chief Information Commissioner or a State Information
Commissioner shall before he enters upon his office make and subscribe before
the Governor or some other person appointed by him in that behalf, an oath or
affirmation according to the form set out for the purpose in the Schedule. (4)
The State Chief Information Commissioner or a State Information
Commissioner may, at any time, by writing under his hand addressed to the
Governor, resign from his office: Provided that the State
Chief Information Commissioner or a State Information Commissioner may be
removed in the manner specified under section 14. (5)
The salaries and allowances payable to and other terms and
conditions of service of? (a)
the State Chief Information Commissioner shall be the same as that
of an Election Commissioner; (b)
the State Information Commissioner shall be the same as that of
the Chief Secretary to the State Government: Provided that if the State
Chief Information Commissioner or a State Information Commissioner, at the time
of his appointment is, in receipt of a pension, other than a disability or
wound pension, in respect of any previous service under the Government of India
or under the Government of the State, his salary in respect of the service as
the State Chief Information Commissioner or a State Information Commissioner
shall be reduced by the amount of that pension including any portion of pension
which was commuted and pension equivalent of other forms of retirement benefits
excluding pension equivalent of retirement gratuity: Provided further that where
the State Chief Information Commissioner or a State Information Commissioner
is, at the time of his appointment, in receipt of retirement benefits in
respect of any previous service rendered in a Corporation established by or
under any Central Act or State Act or a Government company owned or controlled
by the Central Government or the State Government, his salary in respect of the
service as the State Chief Information Commissioner or the State Information
Commissioner shall be reduced by the amount of pension equivalent to the
retirement benefits: Provided also that the
salaries, allowances and other conditions of service of the State Chief
Information Commissioner and the State Information Commissioners shall not be
varied to their disadvantage after their appointment. (6) The
Government shall provide the State Chief Information Commissioner and the State
Information Commissioners with such officers and employees as may be necessary
for the efficient performance of their functions under the Act, and the
salaries and allowances payable to and the terms and conditions of service of
the officers and other employees appointed for the purpose of the Act shall be
such as may be prescribed. (1)
Subject to the provisions of subsection (3), the State Chief
Information Commissioner or a State Information Commissioner shall be removed
from his office only by order of the Governor on the ground of proved
misbehaviour or incapacity after the High Court, on a reference made to it by
the Governor, has on inquiry, reported that the State Chief Information
Commissioner or a State Information Commissioner, as the case may be, ought on
such ground be removed. (2)
The Governor may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry, the State Chief
Information Commissioner or a State Information Commissioner in respect of whom
a reference has been made to the High Court under sub-section (1) until the
Governor has passed orders on receipt of the report of the High Court on such
reference. (3)
Notwithstanding anything contained in sub-section (1), the
Governor may by order remove from office the State Chief Information
Commissioner or a State Information Commissioner if a State Chief Information
Commissioner or a State Information Commissioner, as the case may be,-- (a)
is adjudged an insolvent; or (b)
has been convicted of an offence which, in the opinion of the
Governor, involves moral turpitude; or (c)
engages during his term of office in any paid employment outside
the duties of his office; or (d)
is, in the opinion of the Governor, unfit to continue in office by
reason of infirmity of mind or body; or (e)
has acquired such financial or other interest as is likely to
affect prejudicially his functions as the State Chief Information Commissioner
or a State Information Commissioner. (4)
If the State Chief Information Commissioner or a State Information
Commissioner is in any way, concerned or interested in any contract or
agreement made by or on behalf of the Government or participates in any way in
the profit thereof or in any benefit or emoluments arising therefrom otherwise
than as a member and in common with the other members of an incorporated
company, he shall, for the purposes of sub-section (1), be deemed to be guilty
of misbehaviour. (1)
Subject to the provisions of the Act, it shall be the duty of the
State Information Commission to receive and inquire into a complaint from any
person,-- (a)
who has been unable to submit a request to the Public Information
Officer either by reason that no such officer has been designated under the
Act, or because the Assistant Public Information Officer has refused to accept
his or her application for information or appeal under the Act for forwarding
the same to the Public Information Officer or senior officer specified in
sub-section (1) of section 16 or the State Information Commission, as the case
may be; (b)
who has been refused access to any information requested under the
Act; (c)
who has not been given a response to a request for information or
access to information within the time limit specified under the Act; (d)
who has been required to pay an amount of fee which he or she
considers unreasonable; (e)
who believes that he or she has been given incomplete, misleading
or false information under the Act; and (f)
in respect of any other matter relating to requesting or obtaining
access to records under the Act. (2)
Where the State Information Commission is satisfied that there are
reasonable grounds to inquire into the matter, it may initiate an inquiry in
respect thereof. (3)
The State Information Commission shall, while inquiring into any
matter under this section, have the same powers as are vested in a civil court
while trying a suit under the Code of Civil Procedure, Samvat 1977, in respect
of the following matters, namely:-- (a)
summoning and enforcing the attendance of persons and compel them
to give oral or written evidence on oath and to produce the documents or
things; (b)
requiring the discovery and inspection of documents; (c)
receiving evidence on affidavit; (d)
requisitioning any public record or copies thereof from any court
or office; (e)
issuing summons for examination of witnesses or documents; and (f)
any other matter which may be prescribed. (4)
Notwithstanding anything inconsistent contained in any other Act
of the State Legislature, the State Information Commission may, during the
inquiry of any complaint under the Act, examine any record to which the Act applies
which is under the control of the public authority, and no such record may be
withheld from it on any grounds. (1) Any
person who, does not receive a decision within the time specified in
sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved
by a decision of the Public Information Officer, may within thirty days from
the expiry of such period or from the receipt of such a decision prefer an
appeal to such officer who is senior in rank to the Public Information Officer,
in each public authority: Provided that such officer
may admit the appeal after the expiry of the period of thirty days if he or she
is satisfied that the appellant was prevented by sufficient cause from filing
the appeal in time. (2)
Where an appeal is preferred against an order made by a Public
Information Officer under section 11 to disclose third party information, the
appeal by the concerned third party shall be made within thirty days from the
date of the order. (3)
Where any Officer, at the time of deciding an appeal under
sub-section (1) is of the opinion that the public Information Officer has,
without any reasonable cause, refused to receive an application for information
or has not furnished information within the time specified or malafidely denied
the request for information or has knowingly given incorrect, incomplete or
misleading information or destroyed information which was the subject of the
request or obstructed in any manner in furnishing the information he or she
shall make a reference to that effect to the State Information Commission. (4)
A second appeal against the decision under sub-section (1) shall
lie within ninety days from the date on which the decision should have been
made or was actually received, with the State Information Commission: Provided that the State
Information Commission may admit the appeal after the expiry of the period of
ninety days if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal in time. (5)
If the decision of the State Public Information Officer against
which an appeal is preferred relates to information of a third party, the
Information Commission shall give a reasonable opportunity of being heard to
that third party. (6)
In any appeal proceedings, the onus to prove that a denial of a
request was justified shall be on the Public Information Officer who denied the
request. (7)
An appeal under sub-section (1) or sub-section (2) shall be
disposed of within thirty days of the receipt of the appeal or within such extended
period not exceeding a total of forty-five days from the date of filing
thereof, as the case may be, for reasons to be recorded in writing. (8)
The decision of the State Information Commission shall be binding. (9)
In its decision, the State Information Commission has the power
to-- (a)
require the public authority to take any such steps as may be
necessary to secure compliance with the provisions of the Act, including-- (i)?? ?by
providing access to information, if so requested, in a particular form; (ii) ??by appointing a Public Information Officer; (iii) ??by publishing certain information or
categories of information; (iv) ?by making necessary changes to its practices
in relation to the maintenance, management and destruction of records; (v) ??by enhancing the provision of training on the
right to information for its officials; (vi) ??by providing it with an annual report in compliance
with clause (b) of sub-section (1) of section 4; (b)
require the public authority to compensate the complainant for any
loss or other detriment suffered; (c)
impose any of the penalties provided under the Act; (d)
reject the application. (10)
The State Information Commission shall give notice of its
decision, including any right of appeal, to the complainant and the public
authority. (11)
The State Information Commission shall within sixty days from the
receipt of appeal decide the appeal in accordance with such procedure as may be
prescribed: Provided that the State
Information Commission may decide an appeal within such extended period, not
exceeding one hundred and twenty days from the date of filing thereof, as the
case may be, for reasons to be recorded in writing (sic). (1) Where the
State Information Commission at the time of deciding any complaint, appeal or
reference is of the opinion that the Public Information Officer has, without
any reasonable cause, refused to receive an application for information or has
not furnished information within the time specified under sub-section (1) of
section 7 or malafidely denied the request for information or knowingly given
incorrect, incomplete or misleading information or destroyed information which
was the subject of the request or obstructed in any manner in furnishing the
information, it shall impose a penalty of two hundred and fifty rupees each day
till application is received or information is furnished, so however, the total
amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Public
Information Officer shall be given a reasonable opportunity of being heard
before any penalty is imposed on him: Provided further that the
burden of proving that he acted reasonably and diligently shall be on the Public
Information Officer. (2) Where the
State Information Commission at the time of deciding any complaint, appeal or
reference is of the opinion that the Public Information Officer has, without
any reasonable cause and persistently, failed to receive an application for
information or has not furnished information within the time specified under
sub-section (1) of section 7 or malafidely denied the request for information
or knowingly given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any manner in
furnishing the information, it shall recommend for disciplinary action against
the Public Information Officer under the service rules applicable to him. 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 the Act or any rule made
thereunder. The provisions of the Act
shall have effect notwithstanding anything inconsistent therewith contained in
State Official Secrets Act Samvat, 1997 and any other law for the time being in
force or in any instrument having effect by virtue of any law other than the Act. No court shall entertain
any suit, application or other proceeding in respect of any order made under
the Act and no such order shall be called in question otherwise than by way of
an appeal under the Act. (1) Nothing
contained in the Act shall apply to such, intelligence and security
organizations being organizations established by the Government, as the Government may, from time
to time, by notification in the Government Gazette, specify: Provided that the
information pertaining to the allegations of corruption and human rights
violations shall not be excluded under this sub-section: Provided further that in
the case of information sought for is in respect of allegations of violation of
human rights, the information shall only be provided after the approval of the
State Information Commission and, notwithstanding anything contained in section
7, such information shall be provided within forty-five days from the date of
the receipt of request. (2) Every
notification issued under sub-section (1) shall be laid before each House of
the State Legislature. (1)
The State Information Commission shall, as soon as practicable
after the end of each year, prepare a report on the implementation of the
provisions of the Act during that year and forward a copy thereof to the
Government, (2)
Each Department shall, in relation to the public authorities
within their jurisdiction, collect and provide such information to the State
Information Commission as is required to prepare the report under this section
and comply with the requirements concerning the furnishing of that information
and keeping of records for the purposes of this section. (3)
Each report shall state in respect of the year to which the report
relates,-- (a)
the number of requests made to each public authority; (b)
the number of decisions where applicants were not entitled to
access to the documents pursuant to the requests, the provisions of the Act
under which these decisions were made and the number of times such provisions
were invoked; (c)
the number of appeals referred to the State Information Commission
for review, the nature of the appeals and the outcome of the appeals; (d)
particulars of any disciplinary action taken against any officer
in respect of the administration of the Act; (e)
the amount of charges collected by each public authority under the
Act; (f)
any facts which indicate an effort by the public authorities to
administer and implement the spirit and intention of the Act; (g)
recommendations for reform, including recommendations in respect
of the particular public authorities, for the development, improvement,
modernization, reform or amendment to the Act or other legislation or common
law or any other matter relevant for operationalising the right to access
information. (4)
The Government may, as soon as practicable after the end of each
year, cause a copy of the report of the State Information Commission, referred
to in sub-section (1) to be laid before each House of the State Legislature. (5)
If it appears to the State Information Commission that the
practice of a public authority in relation to the exercise of its functions
under the Act does not confirm with the provisions or spirit of the Act, it may
give to the authority a recommendation specifying the steps which ought in its
opinion to be taken for promoting such conformity. (1)
The Government may, to the extent of availability of financial and
other resources,-- (a)
develop and organize educational programmes to advance the
understanding of the public, in particular of disadvantaged communities as to
how to exercise the rights contemplated under the Act; (b)
encourage public authorities to participate in the development and
organization of programmes referred to in clause (a) and to undertake such
programmes themselves (c)
promote timely, and effective dissemination of accurate
information by public authorities about their activities; and (d)
train Public Information Officers of public authorities and
produce relevant training materials for use by the public authorities
themselves. (2)
The Government shall, within eighteen months from the commencement
of the Act, compile in the official language of the State a guide containing
such information, in an easily comprehensible form and manner, as may
reasonably be required by a person who wishes to exercise any right specified
in the Act. (3)
The Government shall, if necessary, update and publish the
guidelines referred to in sub-section (2) at regular intervals which shall, in
particular and without prejudice to the generality of sub-section (2), include? (a)
the objects of the Act; (b)
the postal and street address, the phone and fax number and, if
available, electronic mail address of the Public Information Officer of every
public authority appointed under sub-section (1) of section 5; (c)
the manner and the form in which request for access to an
information shall be made to a Public Information Officer; (d)
the assistance available from and the duties of the Public
Information Officer of a public authority under the Act; (e)
the assistance available from the State Information Commission; (f)
all remedies in law available regarding an act or failure to act
in respect of a right or duty conferred or imposed by the Act including the
manner of filing an appeal to the Commission; (g)
the provisions providing for the voluntary disclosure of
categories of records in accordance with section 4; (h)
the notices regarding fees to be paid in relation to requests for
access to an information; and (i)
any additional regulations or circulars made or issued in relation
to obtaining access to an information in accordance with the Act. (4)
The Government must, if necessary, update and publish the
guidelines at regular intervals. (1)
The Government may, by notification in the Government Gazette,
make rules to carry out the provisions of the 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 cost of the medium or print cost price of the materials to be
disseminated under sub-section (4) of section 4; (b)
the fee payable under subjection (1) of section 6; (c)
the fee payable under sub-sections (1) and (5) of section 7; (d)
the salaries and allowance payable to and the terms and conditions
of service of the officers and other employees under sub-section (6) of section
13; (e)
the procedure to be adopted by the State Information Commission in
deciding the appeals under sub-section (11) of section 16; and (f)
any other matter which is required to be, or may be, prescribed. (1)
Subject to the provisions of section 24, the competent authority
may, by notification in the Government Gazette, make rules to carry out the
provisions of the 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 cost of the medium or print cost price of the materials to be
disseminated under sub-section (4) of section 4; (b)
the fee payable under sub-section (1) of section 6: (c)
the fee payable under sub-section (1) of section 7; and (d)
any other matter which is required to be, or may be, prescribed. Every rule made by the
Government under the Act shall be laid; as soon as may be after it is made,
before each House of the State Legislature, 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 expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification 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 may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule. (1) If any
difficulty arises in giving effect to the provisions of the Act, the Government
may, by order published in the Government Gazette, make such provisions not
inconsistent with the provisions of the Act as appear 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 the Act. (2) Every
order made under this section shall, is soon as may be after it is made, be
laid before each House of the State Legislature. (1)
The Jammu and Kashmir Right to Information Act, 2004 and the Jammu
and Kashmir Right to Information (Amendment) Act, 2008 are hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken or
any order made before such repeal shall be deemed to have been done, taken or
made as the case may be, under the corresponding provisions of this Act. SCHEDULE [See section 13 (3) ] FORM OF OATH OR AFFIRMATION TO BE MADE BY THE STATE CHIEF
INFORMATION COMMISSIONER/THE STATE INFORMATION COMMISSIONER "I,
__________________________ having been appointed State Chief Information
Commissioner/State Information Commissioner Swear in the name of God/Solemnly
affirm that I will bear true faith and allegiance to the Constitution of the
State as by law established, that I will uphold the sovereignty and integrity,
of India, that I will duly and faithfully and to the best of my ability
knowledge and judgement perform the duties of my office without fear or favour,
affection or ill-will and that I will uphold the Constitution and the
laws"." (Sd.) MOHD ASHRAF, Additional Secretary to Government, Law Department.
Preamble - THE JAMMU AND KASHMIR RIGHT TO INFORMATION ACT, 2009
[REPEALED]PREAMBLE