jammu and kashmir right to information act,2009

7/24/2019 Jammu and Kashmir Right to Information Act,2009

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L L w . m

I

EXTRAORDINARY

REGD.

O.

JK-33

TH[

JAMMU

KASHMIR

OVERNMENT

AZITTE

V o l . 1 2 l ] J a m m u , F r i . ' t h e 2 0 t h M a r c h , 2 0 0 9 l 2 9 t h P h a l . , l 9 3 0 . [ N o . 5 l - 5

Separate

agings

given o this

part

in

order

hat

t

may

be

iled

as

a

separate

omPilation.

PART

III

Ldws,

Regulations

and

Rules

Passed

thereunder.

GOVERNMENT

OF

JAMMU

AND

KASHMIR

'

CNIL

SECRETARIAT-LAW

DEPARTMENT

Jammu,

he

20th

March,

2009'

The

following

Act

as

passed

y

the

Jammu

and

Kashmir

State

Legislatureeceivedhe assent f the Governor n 20thMarch,2009

and

is hereby

published

or

general nformation

-

THE

JAMMU

AND

KASHMIR

RIGHT

TO

INFORMATION

ACT'

2009.

(Act No.

VIII

of

2009)

[20th

March,

2009.]

An

Act

to

provide

or setting

ut

he

egime

f

right

o

information

for the peopleof the State o secure

ccess

o

information

under

he

L L w . m


3/33

L L w . m

control

of

pubric

authorities,

n

order

o promote

ransparency

nd

accountabirity

n

he

working

f

every

ubric

utholity,

he

constitution

of

a

state

nformation

ommission

nd-for

atters

onnected

herewith

or incidental

hereto.

whereas,

he

constitution

f

India

has

estabrished

emocratic

Republic

and

Whereas,

emocracy

equires

an

infornred

citizenry

and

transparency

f information

hich

are

vital

o

its

unctioning

nd

atso

to

contain

orruption

nd

o

hold

Government

nd

ts

nstrum.entalities

accountable

o

the governed

;

and

whereas'

everation

f

information

n

actuar

ractice

s

rikery

o

conflict

with

other

pubric

nterests

ncruding

fficient

perations

f theGovernment, ptimum use of

limited

fiscal

resources

nd

the

preservation

f

confidential i ty

f

sensitive

nformation;

nd

whereas,

t

is

necessary

o

harmonize

hese

onflicting

nterests

while

preserving

he

paramountcy

f

the

democratic

deal

and

whereas,

t

is

expedient

o provide

for

furnishing

certain

information

o

citizens

who

desire

o

have

t.

Be

it

enacted

y

the

Jammu

nd

Kashmir

State

Legisrature

n

the

Sixtieth

Year

of

the

Republic

f Indiaas ollows

The

J&K

Govt.

Gazette,

0th

March

200g/2gthphal.,

930.,

[No.

5l_5

CHAPTER

Preliminary

l.

Short

title,

extent

and

commencement.4l)

This

Act

may

be

called

he

Jammu

nd

Kashmir

Right

o

Information

ct.

2009.

(2)

It

extends

o

the

whole

of

the

State.

(3)

It

shall

come

nto

force

at once,

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L L w . m

No.5l-51

TheJ&K

Govt.

Gazette,

Oth

March,

009129rhhal. ,

930'

2. Definitions-ln

this

Act, unless

he context

otherwise

requires,-

,

(a)

"Act"

means

he

Jammu

ndKashmir

Right

o Information

Act,

2009

(b)

"competent

uthority"me615-

(i)

the

Speaker

n

the

caseof

the Legislative

Assemblyof

the

State

and

the Chairman

n the case

of the

Legislative

Council

of

the State

( i i )

theChief

ustice

f the

HighCourt

n he

case f

theHigh

Court

;

(iii)

the

Governor

n thecase

f

otherauthorities

stablished

or

constituted

y

or under

heConstitution

f

Indiaor the

Constitution f Jammu ndKashmir

(c)

"Government"

means

he

Government

f Jammu

and

Kashnfir;

(d)

"informationl'

means

ny

material

n

.any

orm

including

records,

ocuments,

emos,

-mails,

pinions'

dvices,

ress

releases,

irculars,

orders,

logbooks,

contracts,

eports,

papers,

amples,

odels,

ata

material

eld

n

anyelectronic

form

and

nformation

elating

o

any

private

ody

whichcan

be

accessed

y

a

publicauthority

nder

any

other

aw

for

the time being n force

(e)

"prescribed"

eans

rescribedy

rules

made nder

he

Act

by

the Government

r the

competent

uthority,

s he

case

may

be

;

(f)

"public

uthority"

eans

ny

authority

r body

r

nsti tution

of

self-government

stablished

r

constituted-

(i)

by or

under

he

Constitution

f

Indiaor

the

Constitution

of

Jammu

nd

Kashmir

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4 TheJ&K Govt.Gazette,

0th

March, 009129ft

hal., 930.

[No.

5l-5

(ii)

by any

other aw made

by Parliament

(iii)

by any other aw madeby the

StateLegislatuie

(iv)

by

notification ssued

r ordermadeby

the Government,

and ncludes ny-

(A)

bodyowned, ontrolled r

substantiallyi-nanced

i

(B)

non-Governmentrganization

ubstantiallyinanced,

directly or indirectly by funds

provided

by the

Government

(g)

"Public

nformation

Officer"

means

he Public

nformation

Officer

designated n.der ub-section

l)

and includes

a

Assistant

Public Information

Officer designated

s such

undersub-section

2)

of section

;

(h)

"record"

ncludes-

(i)

any document,

manuscript nd ile

;

(ii)

any microfilm, microficheand facsimile

copy

of

a

document

(iii)

any

reproduction f imageor images

embodied n such

microfilm

(whether

nlarged r not)

;

and

(iv) any othermaterialproduced y a computer r anyother

device

(i)

"right

to

information"means he right

to

information

accessiblenderheAct

which

s held

by or under

the

control

of

any

public

authority nd

ncludes

he right o-

(i)

inspection f

work,

documents,ecords

(ii)

taking notes,extracts r certifiedcopiesof

documents

or records

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No.5 l -51 ' fhe &K

Govt .Gazet te ,2Oth

arch,2009 l29th

ha l . ,

1930.

5

(iii)

taking certified

samples f material

(iv)

obt4ining

nformation

n

the form

of diskettes, loppies,

'

tapes,

video

cassettes

r in

any other

electronicmode

or

through printouts

where

such informatio n

s

stored n a

computer

or

in

any.other device

;

fi)

"State

nformation

Commission"means

he

State nformation

Commission onstituted

ndersub'-section

|

)

of section 2

;

(k)

"State

Chief

Information

Commissioner"

and

"State

InformationCommissioner"

means

he State

Chief Information

Commissioner

and the State Information

Commissioner

appointedunder

sub-section

3)

of

section 2

;

(l)

"third

party"

meansa

person

other than

the citizen making

a request

or information

and includes

a

public

authority.

CHAPTER

II

Right to Information and

Obligations of Fublic

Authori t ies

3.

Right to information

-Subject

to the

provisions

of,the Act,

every

person

esiding n

the Stateshall

have

he right to information.

4.

Obligations

of

public

authorities.-(l

)

Every

public

authority

shall-

(a)

maintain

all its records

duly cataloguedand indexed in

a

mannerand he form which facilitates he right to information

under

he Act

and ensure hat all

records

hat

are

appropriate

to be computerized

re,within

a reasonableime

and

subject

to availability of

resources,

omputerizedand

connected

through

a networkall over

he Stateon different systems o

that

access o such

records

s facilitated

;

(b)

publish within one hundred

and twenty days f 'om

the

commencement f

the Act.-

(i)

the

particulars

f its

organization,

unctions

ndduties

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The

J&K

Govt.

Gazette,

0th

March,

009l29thPhal.,

930'

[No'

5l-5

(i i)

the

powers

and

duties

of

its officers

and employees

(iii)

the

procedure

ollowed

n

the

decision

making

process,

including

hannels

f supervision

nd

accountabi l i ty

(iv)

the norms

set by

it for the

discharge

f

its functions

(v)

the

rules,

egulations,

nstructions.

anuals

nd

ecords,

held

by

it or

under

ts control

or used

by

its employees

for discharging

ts

functions

(vi)

a statement

f

the

categories

f

documents

hat

are

held

by

it or

under

ts control

;

(vii)

the

particutars

of

any

arrangement

hat

exists

fo r

consultation

with, or

representation

y, the

members

f

the

publ ic

n

relat ion

o the

ormulat ion

f

i ts

pol icy

or

implementationhereof

(vii i)

a statement

f

the boards,

councils,

committees

an d

'

other

bodies

consisting

of

t\lo

or

more

persons

constituted

s

ts

part

or

for

the

purpose

of

its advice,

and

as

to

whether

meetings

f those

boards,

ouncils,

committees

nd

other

bodies

are

open

o the

public, or

the

minutes

of

such

meetings

re

accessible

or

public

;

(ix)

a

directory

of

its officers

and

employees

(x) the monthly remuneration eceived by each of it s

officers

and

employees,

ncluding

the

system

of

compensation

s

provided

n

its regulations

(xi)

the

budget

allocated

to each

of

its

agency,

ndicating

the

particulars

f all

plans,

proposed

xpenditures

nd

reports

on

disbursements

ade

;

(xii)

the

manner

of

execution

of

subsidy

programmes,

including

he

amounts

al located

and

the

detai ls

of

beneficiaries

f such

Programmes

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L L w . m

No.5 l -5 lThe

&K

Govt .

Gazet te ,20th

arch,2009/29th

ha l . ,

930.

7

(xiii)

particulars

of

recipients

of concessions'

permits

or

authorizations

rantedbY

it

;

(xiv)

details

n

respect

f

the

inforrnation,

vailable

o

or held

by

it,

reduced

n an

electronic

orm

;

(xv) the

particulars

of

facilities

available

to citizens

fo r

obtaining

nformation.

ncluding

he

working

hours

f a

library

or

reading

oom'

if maintained

or

public use

(xvi)

the

names,

designations

nd

other

particulars

of the

Public

Information

Officers

;

(xvii)

such

other

information

as

may

be

prescribed

;

and

thereafter

update

hese

publications

every

year

;

(c) publishall relevantactswhile ormulating

mportant

olicies

or

announcing

he

decisions

vhich

affect

public

;

(d) provide

reasons

for

its

administrative

or

quasi-judicial

decisions

o

affected

Persons.

(2)

It

shall

be

a constant

endeavour

f

every

publicrauthority

o

take

steps

n

accordance

with the

requirements

f

clause

b)

of sub-

section

f

;

to

provide

as

much

information

suo

motu

to

the

public at

regular

ntervals

hrough

various

means

of

communications,

ncluding

iniernet,

so

that

the

public

have

minimum

resori

o

the

use

of

the Act

to obtain

information.

( 3 ) F o r t h e p u r p o s e s o f s u b - s e c t i o n ( l ) , e v e r y i n f o r m a t i o n s h a | |

be

diiseminated

widely

and

in such

orm

and

manner

which

is easily

accessible

o

the

Publ ic.

(4)

All

materials

hall

be

disseminated

aking

into

consideration

the

cost

effectiveness,

ocal

language

and

the

most

effective

method

of communicatio n

n that

ocal

area

and

he

nformation

hould

be easily

accessible,

o

the

extent

possible

n

electronic

format

with

the

Public

Information

Officer

available

ree or

at such

cost

of

the

medium

or

the

print cost

price as

may

be

prescribed.

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The

J&K Govt.Gazette,0th

March,

009129th

hal., 930.

[No.

5l-5

Explanatior

. '-For

the

purposes

of sub-sections

(3)

and

(4),

"disseminated"

meansmaking

known

or communicated

the

information

o the

public

through

notice

boards,

nelyspapers,

ublic

announcements,

edia

broadcasts,

the internet

r any

othermeans,

ncluding

nspection

of

off ices

of any

publ ic

authori ty.

5. Designation

of Public

Information

Officers.l\

Every

public

authority shall, within

one hundred

days

of the commencement

of the Act,

designateas

many officers

as

the Public Information

Officers in all administrativeunits

or offices

under

it as may

be

necessary

o

provide

inform ion

to

persons

requesting

for the

informationunder

he Act.

(2)

Without

prejudice

o the

pro'; . ions

of

sub-sect ion

l),

every

publ icauthori ty hal ldesignate n off ie.. . rr i lhin ol l . rundred aysof

the

commencement f the Act,

at each

sub-divisionalevel

or other

sub-

district

evel

as

an AssistantPublic

nformation

Officer

to

receive

he

applicationsor information

or appeals nder he

Act for forwarding

he

same forthwith to the Public

Information

Officer

or senior officer

specif ied

ndersub-sect ionI

)

of sect ion 6

or the

State nformation

Commission, s the casemay

be

:

Provided hat

where

an

application

or information

or appeal s

given

to a

AssistantPublic Information

Officer a

period

of

five

days

shall

be added

n computing he

period

or response

pecified nder

sub-

sect ion l) of sect ion7.

(3)

Every Public nformation

Officer

shalldealwith reqrrestsrom

persons

seeking nformation and render reasonable

ssistanceo the

persons

eekingsuch nformation.

(a)

The Public

nformation

Officer may

seek he

assistance f any

other

officer ashe or sheconsiderst necessary

or the

proper

discharge

of his

or

I rer

duties.

(5)

Any

officer,

whose assistance

as

been sought under

sub-

Section

4),

shall

renderall assistance

o the Public nformation

Officer

seekinghis or her assistancend or the purposes fany contravention

L L w . m


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L L w . m

No.5 l -5 lThe &K Govt .Gazet te ,2Otharch,2009 l29th

ha l . , 930. 9

of the

provisibns

of

the

Act,

such other'officer shall

be treated

as

a

Public InformationOffi

cer.

6. Requesl

Jbr

obtaining inforntation.-\1\

A

person,

wh o

deSires

o obtain any

information

under he Act,

shall make a

request

in writing or through electronic means n English, Urdu or Hindi

accompanying uch

fee

as may be

prescribBd,

o-

(a)

the

Publ ic Information

Off icer of

the concerned

public

authority

(b)

the

AssistantFublic

Information

Officer,

specifyinghe

particulars

f the nformation ought

y

him or

her :

Providedhat

where

uch

equest annot

e

made n

writing,

he

Public nformation fficershall ender ll reasonablessistanceo the

person

making he request rally o reduce

he same n writing.

(2)

An applicantmaking

equest or information hall

not be

required

o

give

an

reasonor requestinghe nformation r

anyother

personal

etails xcepthosehatmaybe

necessarypr contacting

im.

(3)

Where

napplications made o a

public

authorlty

equesting

for an

nformation.-i

(a)

which s

held

by

another

ublic

authority or

(b)

the subject

matter f which s moreclosely onnected ith

the unctions'of

nother

ublic

authority,

the

public

authority,

o

which

suchapplication

s made, hall ransfer

the application

or such

part

of it as may be appropriateo that

other

public

authority

and

inform the

applicant

mmediately aborit

such

transferr

.

Providedhat he ransfer

f an application

ursuant

o this sub-

section hallbe

madeas soonas

practicableut n no case

ater han

five days rom the

dateof

receipt

f the

application.

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L L w . m

l 0

The

&K

Govt.

Gazette,20th

arch;2009129th

hal. ,

930'

No'

51'5

7.

Disposal

of

request.l

l)

Subject

o

the

proviso

o

sub-

section

2)

of

section

or

the

provisoo sub-section

3)

of section

,

the

Public

nformation

fficer

on

receipt

f a

request

nder

ection

shall,

as expeditiously

s

possible, nd

n any

case

within

hirty

days

of

the

eceipt

f

the

equest,

ither

rovidehe nformationnpayment

of

such

ee

as

rnay

be

prescribed

r

reject

he

request

or

any

of

the

reasons

pecified

n sections

and

9 :

Provided

hat

where he

nformation

ought

or concerns

he

ife

or

iberty

f a

person,hesame

hall

e

provided

ithin

orty-eight

ours

of the

receipt

of

the

request.

(2)

If the

Public

nformation

fficer

fails

o

give

decision

n

the

request

or nformation

ithin he

period pecified

nder

ub-section

I

)'

the

Public

Information

Officer

shall

be

deemed

o

have

refused

he

request.

(3j

Where

a

decision

s taken

o

provide he

information

n

payment

f

any

further

ee

representing

he

cost

of

providing

he

iniormation,

he

Public

nformation

fficer

shall

send

n

ntimation

o

the

personmaking

he

request,

iving-

(a)

the

details

f

further

ees

epresenting

he

costof

providing

the

information

s

determined

y

him,

together

with the

calculations

ade

o arrive

t he

amount

n accordance

ith

fee

prescribed

nder

sub-section

l),

requesting

im

to

depos i t tha t fees ,and theper iod in te rven ingbe tweenthe

despatch

f

the

said

ntimation

nd

payment

f

fees

hall

be

excluded

or

the

purpose

f

calculating

he

period

of

thirty

.

days

referred

o

in that

sub-section

(b)

information

oncerning

is

or

her

right

with respect

o

review

the decision

as

to

the

amount

of

fees

charged

r

the

form

of

access

rovided,

ncluding

he

particulars

f the

appellate

authority,

ime

imit,

prooessnd

any

other

orms'

(4)

Whereaccess

o the

record

or

a

part

hereof

s

required

o

be providerJ nder he Act and he person o whomaccesss to be

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TheJ&K Govt.Gazette, 0th

March,2009129th

hal.,1930. I I

provided

is sensorilydisabled, he Public

Information

Officer shall

provide

assistance

o enable

access

o

the information, including

providing such assistance s may be

appropriate

or the

inspection.

(5)

Where access o

information s

to

be

provided

n the

printed

or

in any electronic

ormat, he applicant hall,subject o the

provisions

of sub-section

6),

pay

such fee as may be

prescribed

Provided hat

he fee

prescribed nddrsub-sect ion

l)

of

sect ion

6

and sub-sect ions

l)

and

(5)

ofsect ion

7 shal l

be

reasonablend

no

such

fee shall

be charged rom

the

personswho

are of

below

poverty

line as may be

determinedby

the Government.

(6)

Notwithstandinganything contained

n sub-section

5),

the

person

making

request

for

the

information shall be

provided

the

information

reeof charge

wherea

public

authority

ails

o

comply with

the t ime l imits specif iedn sub-sect ionl) .

(7)

Before

akingany decision

nder ub-section

l),

the

Public

Information

Officer

shall ake

nto considerationhe

representation

made

by a

third

iarty.under

ection

l.

(8)

Where

request

asbeen ejected nder

ub-section

l),

the

Public

nformation

fficer

shall ommunicateo

the

person

making

he

request,-

(a)

the

reasons

or such

ejection

(b)

the

period

within

which anappeal against

uch

rejection

may

be

preferred

and

(c)

the

particulars f the appellate

uthority.

(9)

An nformation

hall

rdinarily

e

provided

n he

orm n

which

it

is

sought

nless

t

woulddisproportionately

ivert

he esources

f

the

public

authority

r

wouldbe detrimental

o the safety

r

preservation

of the

record n

question.

L L w . m


13/33

L L w . m

t2

The

&K

Covt.

Gazeite,20th

arch,

009l2Eth

hal. ,

930.

No'

5l-5

8.

Exemption

from

disclosure

of

informalion'-

(l)

Notwithstanding

nything

ontained

n

the

Act, there

shall

be no

obligation

o

give any

citizen,-

(a)

information.

isclosure

f

which

would

rejudiciallyffectthe

sovereigntynd integrityof India. he security, trategic'

scientific

or

economic

nterests

f

the State

or

lead

to

incitement

f an

offence

'

(b)

information

which has

been

expressly

orbidden

o be

published

y

any

court

of

law

or tr ibunal

r

the

disclosure

of

which

may

constitute

ontempt

f court

(c)

information,

he disclosure

f

which

vould

ause

breach

of

privilege

f

Parliament

r the

State

Legislature

(d) informationncluding

ommercial

onfidence,

rade

ecrets

or

intellectual

roperty,

he

disclosure

f

which

would

harm

the

competitive

osition f a

hird

party,

nless

he

competent

authority

s satisfied

hat

arger

ublic nterest

arrants

he

disclosure

f

such

nformation

(e)

information

vailable

o

a

personn his

idubiary

elationship,

unless

he

cortrpetent

uthority

s

satisfied

hat

the

larger

public

nterest

arrants

he,disclosure

f

such

nformation

(f)

information,

he

disclosure

f

which

would

endanger

he

ife

or

physical

afety

of any

person r

identify

he

source

f

information

or assistanceiven in confidence or law

enforcement

r security

Purposes

(g)

information

hich

would

mpede

he

processf

investigation

or

apprehension

r

prosecution

f

offenders

(h)

cab,inet

apers

ncluding

ecords

of

deliberatiops

f

the

Council

of Ministers,

Secretaries

nd other

officers

:

Provided

hat

the

decisions f

Council

of

Ministers,

he

reasons

hereof,

and

he

material

on

the

basis

of

which

the

L L w . m


14/33

L L w . m

No.5 l -51The

&K Govt .Gazet te ,20th

arch, 009129thha l . , 930. l3

decisions

were

akenshallbe made

public

after he

decision

has

been

aken, and the matter

s

complete.or over

:

Provided

further that those matters

which

come under

the

exemptions

pecified

n this section hall

not be disclosed

;

(i)

information

which relates to

personal

information the

disclo.sure

f whichhasno

relat ionship

o any

publ ic

act iv i ty

or

interest,or

which

wbuld

causeunwarranted

nvasionof

the

privacyof the individual 'unlesshe

Publ ic nformation

Officer or the

appellateauthority, as the case

may be, is

satisfied hat

he larger

public

nterest

ustifies

he disclosure

of such

information

Provided hat he

nformation

hichcannot e denied

o the

Parliament

r the State

Lesislature lrall

not be denied o anv

person.

(2)

Notwithstanding

anything

n

the

StateOfficial Secrets

Act,

Samvat

1977or

any

of the exemptions

ermissible n

accordance

it h

sub-section

l),

a

public

authority

may allow

access o

information,

f

public interest

in disclosure

outweighs

he harm to

the

protected

interests.

i

(3)

Subject

o the

provisionsof clauses

a), (c)

and

(h)

of sub-

section

l),

any

nformation

elating

o any occurrence,

ventor

matter

which has

aken

place,

occurred

or happened

wenty

years

before

he

date on

which any

request

s made under section

6 shall

be

provided

to any personmakinga request nder hat sect ion:

Provided

hat

where

any

question rises s

o the date

rom

which

the said

period

of

twenty

years

has o

be computed,

he

decision

of the

Government

hall be

final, subject

o the

usualappeals

rovided or

in

the

Act.

9. Grounds

or

iejection

to

occess

n

certain

cases.-Without

prejudice

o

the

provisions

of

section8,

a Public Information

Officer

may reject a

request

or

information

where sucha request

oi

providing

access

would involve an

nfringementof

copyright subsisting

n a

person

other than

the State.

L L w . m


15/33

L L w . m

The

&K

Govt.

Gazette,20th

arch,

009129th

hal ' ,

930'

No.5l-5

I 0.

severabil i ty.-(

I

)

where

a request

or access

o

information

is rejected

on

the

ground hat

it

is in

relation o

information

which is

.

exempt

rom

disclosure,

hen,

notwithstanding

nything ontained

n

fhe

WF,

access

may be

provided o

that

part of the

record

which

does

no t

'contain

any

information

vhich

s exempt

rom

disclosure

nder

he

Ac t

and

which can

reasonably

be severed

rom any

part

that

contains

exempt nformation

(2)

Where

access

s

granted

o

a

part of the

record

under

sub-

sect ion

l),

the

Publ ic

nformation

Off icer

shal l

give

a

notice

o the

applicant,

nforming-

(a)

that

only

part ofthe

record

equested.

fter severance

fthe

record

containing

information

which is

exempt

f iom

disclosure,

s being

Provided

(b)

the

reasons

or

the decision,

ncluding

any

findings

on any

material

questionof

fact,

referring

o the

material

on

which

those

findings

were based

(c).

the

nameand

designation

f thEPerson

iving

the

decision

(d)

the

details

of

the

fees calculated

by him or

her

and

th e

amount

of

fee

which he

applicant

s required

o deposit

and

(e)

his or

her r ights

with

respect

o

review of

the

decision

regarding

non-disclosure

f

part

of

the

information,

the

amount

of

fee

charged

or

the

form of

access

provided,

including

he

particulars f

the senior

officer

specified

under

sub-section I ) of section l6 or the State lnformation

Commission,

s

hecase

maybe'

ime imit,

process

nd

any

other

form

of access.

I l.

Third

party informution

(l)

where a

Public

Information

Officer

intends

o disclose

any

information

or

record,or

part thereof

on

a

request

madeunder

he

Act,

which relates

o or

has

been

supplied

by

a third

party

and

has been

reated

as

confidential

by

that

third

party,

the

Public

Information

Officer

shall,

within

five days

rom

the

receipt

of

the

request,

ive

a

written

notice

o such

hird

party

of the

request

l 4

L L w . m


16/33

L L w . m

No.5 l -5 lThe

&K

Govt .Gazet te ,2Oth

arch,2009 l29th

ha l . , 930. l5

and

of the

fact that

he Publ ic nformationOff icer

ntends o disclose

the

information

or record,or

part

hereof,and

nvite

the

third

party

to

make

a submission

n

wri t ing

or

oral ly, regarding

whether the

information

hould

bedisclosed, ndsuch

ubmission f the hird

party

shal l be kept in view whi le taking a decisionabout disclosure f

information

Provided hat

except n the

caseof trade or commercial

secrets

protectedby

law, disclosure

may be

allowed if the

public interest n

disclosure

utweighs

n importance ny

possible

harm or

injury to the

interests f

such

third

party.

(2)

Where a

notice s servedby

the Publ ic

nformationOff icer

under

sub-sect ion

l)

to a third

party n respect f any

nformation r

record

or

part

thereof,

he

third

party shall,

within

ten

days from

the

date of receipt of such notice, be given the opportunity to make

representation

gainst

he

proposed isclosure.

(3)

Notwithstanding

nything

ontained

n

section

7,

the

Publ ic

Information

Officer shall,

within forty days

after

receiptof the

request

under

section

6, if the hird

party

hasbeen

given an opportunity

o

make

representation

ndersub-section

2),

makea

decision

as o

whetheror

not

to disclose

he informationor

record or

part

thereof

and

give

in

writing

the notice

of his decision

o the third

party.

(4)

A

notice

given

undersub-section

3)

shall nclude

a statement

that the third party o whom the notice s given s entit led o preferan

appeal

under

sect ion

6 against

he decision.

CHAPTER

I I I

The

State

Information

Commission

12. Constitution

of State

Information Commission

(l)

The

Government

hall,by

notif ication

n theGovernment

Gazette,

onstitute

a body

to be

known as

the Jammu

and

Kashmir State

Information

Commission

to exercise

he

powers

conferred on,

and

to

perform

the

functionsassisned o. it under he Act.

L L w . m


17/33

L L w . m

l 6

TheJ&K Govt.Gazette,0th

March, 009129th

hal., 930.

No.

5

-5

(2)

The

State

nformationCommission hall consist

of-

(a)

the State'Chief

nformationCommissioner

and'

(b)

two

State nformationCommissioners.

(3)

The

State

Chief Information Commissioner

and the State

InformationCommissioners

hall

be appointed y the Governoron the

recommendation f

a committeeconsisting

of -

(a)

the Chief

Minister, who

shal l be the Chairperson f the

committee

(b)

the

Leaderof Opposition n

the LegislativeAssembly and

(c)

a Cabinet

Minister o be norrr i r 'rr te (l\

the Chief

Minister.

Explanation.'-For the purposesof remoral ot doubts, t is hereby

declared hat

where the Leader of Opposition

n the

LegislativeAssembly

hasnot

been

ecognized s such,

the Leaderof the single

argest

group

n opposition

of

the Government

n the Legislat ive ssembly hal l be

deemed

o

be

the Leaderof Opposition.

(a)

The

general

uperintendence,irectionandmanagement f the

affairsof

the State nformationCommission hall

vest

n the StateChief

Information

Commissioner

who

shall be assisted by the State

Information

Commissioners

nd may exercise ll such

powers

and do

alt such acts and thingswhich may be exercised r done by the State

lnformation

Commission autonomou sly

without

being subjected

o

directions

by any other authority under

he Act.

(5)

The State Chief

Information Commissioner

and the State

Information

Commissioners

hall be

persons

f eminence

n

public

life

with

wide knowledge

and experience n law, scienceand technology,

social service,

management,

ournalism.

mass

mediaor administration

and

governance.

(6)

The State Chief

Information

Commissioner or a State

Information

Commissionershall

not be a Member

of

Parliamentor

L L w . m


18/33

L L w . m

No.5 l -51The

&K Govt .

Gazet te ,20th

arch,

0A9n9th

ha l . .

1930.

l7

Member

of

the Legislature

f

any Stateor

Union

erritory,

as he case

may

be,or hold

anyother

office

of

profit

or connected

ith

any

political

party

or carrying

n

any business

r

pursuing

ny

profession.

(7)

The headquarters

f the

State nformation

ommission

hall

be at suchplace n

the

Stateas

he Government

may,

by notification

in

the Government

Gazette,

pecify.

13.

Term

of

ffice

and

conditions

of semice.--{

) The

State

Chief Information

Commissioner

hall

hold

office

for a term

of five

years

rom the date

on

which

he enters

upon

his

olfice and

shall not

be

eligible. or reappointment

Provided

hat heState

Chief nformation

ommissioner

hallno t

hold

office

as such

after he has

attained

he

age of

sixty-five

years.

(2) EveryState nformationCommissionerhallholdoffice for a

term of five

years

rom

the

dateon which

he

entersupon:his

office

or till he attains

he age

of sixty-fiveyears,

whichever

s earlier,

and

shall not be

eligible for reappointment

s

such

State nformation

Commissioner

Provided

hat every

State nformation

Commissioner

hall, on

vacating is

officeunder his

sub-section,

e

eligible or

appointment

as he State

Chief

Information

Commissioner

n the

manner pecified

in

sub-sec{ion

3)

of

section12 :

Providedurther hatwhere he State nformation ommissioner

is appointed s he

State

Chief nformation

Commissioner,

is

erm of

office shall not be more

than

five

years

n aggregate

s the State

Information

Commissioner

nd the

State

Chief Information

Commissioner.

(3)

The State Chief Information

Commissioner

r a

State

Information

Commissioner

hallbeforehe

enters

ponhis

office make

and

subscribe efore

he Governor

r some

other

person

ppointed

y

him

in that

behalf,an oath

or affirmation

ccording

o the form

setout

for

the

purpose

n

the Schedule.

L L w . m


19/33

L L w . m

l 8

TheJ&K Govt.

Gazette,

0th

March, 009l29thPhal.,

930.

No.

5l-5

(4)

The State

Chief

Information

Commissioner

r a State

Information

ommissioner

ay,

t any ime,

by

writingunder is

hand

addressed

o

the Governor,

esign

rom his office

:

Frovidedhat heStateChief nformation ommissionerra State

Information

Commissioner

ay be

removed

n the manner

speoified

under

section

14.

(5)

The salaries

ndallowances

ayable

o andother

erms

and

conditions

f service

of-

(a)

the State

Chief

nformation

ommissioner

hallbe

hesame

as hat

of

an Election

Commissioner

(b)

theState

nformation

ommissioner

hallbe he

same s

hat

of the Chief Secretarvo the StateGovernment

Provided

hat f the

StateChief

nformation

ommissioner

r

a

State

nformation

ommissioner,

t the

ime

of his appointment

s, n

receipt

f

a

pension,

ther

han

disability

r

wound

ension,n respect

of

any

previous

ervice

nder

he

Government

f Indiaor

under

he

Government

f the State,

his salary

n respect

f the

service

as

the

State

Chief

Information

Commissioner

or

a

State

Information

Commissioner

hall

be

educed

y he

amount

f that

pension

drpluding

any

portion

of

pensionwhich

was commuted

nd

pension

quivalent

of

other

ormsof

retirement

enefits

xcluding

pension

quivalent

f

retirement ratuity

Provided

further

that

where

the

State Chief

lnformation

Commissioner

r a

State nformation

Commissioner

s, at

the

time of

his appointment,

n

receiptof retirement

enefits

n respect'of

any

previous

ervice

endered

n a Corporation

stablished

y or

under

ny

Central

Act

or

State

Act or a Government

ompany

wned

r

controlled

by

the Central

Government

r the

State

Government,

is salary

n

respect

f the service

s he

State

Chief

Information

Commissioner

r

the

State

nformation ommissioner

hall

be

educed

y he

amount

f

pension quivalento theretirementenefits

L L w . m


20/33

L L w . m

No' 5

.5]

The

J&K

Govt.

Gazette,

0th

March,

009129th

ha|.,

930.

l9

Provided

lso

hat

he

salaries,

llowances

nd

other

conditions

f

.

service

of

the

State

Chief

Information

Commissioner

nd

the

State

lnformation

Commissioners

hall

not

be

varied

o

their

disadvantage

after

heir

aPPointment.

(6) The Government

hall

provide

he State

Chief

Information

Cornmissioner

nd

the

State

nformation

Commissioners

ith such

officers

and

employees

as

may

be

necessary

or

the

efficient

performance

f

their

functions

under

he

Act,

and

the

salaries

and

ullo*"n.",

payable

o

and

he

terms

and

conditions

f

service

of the

officers

and

other

employees

ppointed

or the

purpose f

the

Act

shall

be

such

as

may

be

Prescribed.

14.

Removal

of

state

chief

Information

commissioner

or state

Information

commissioner.-l\

Subject

o

the

provisions

of sub-

section

3), the

state

chief

Information

commissioner

or

a state

Information ommissioner hallbe removedrom his office

only

by

o rde ro f , theGove rno ron theg roundo fp rovedmisbehav iou ro r

incapacity

after

the

High

Court'

on

a

reference

made

o

it by

the

oovlrnor,

has

on

inquiry,

reported

hat

the

state

chief

lnformation

Commiss ioneroraState ln format ionCommiss ioner ,asthecasemay

be,

ought

on

such

ground

be

removed

(2)

The

Governor

may

suspend

rom

office,

and

f deem

necessary

prohibit

also

rom

attending

he

office

during

nquiry,

he

State

Chief

information

Commissioner

r

a

State

nformation

Commissioner

n

respect

f

whom

a'reference

as

been

made

o

the

High

Court

under

sub-sectionl) until the Governor aspassed rderson receiptofthe

report

of

the

High

Court

on

such

eference'

(3)Notwi thstandinganyth ingconta inedinsub-sect ion( l ) , the

Governor

may

by

order

emove

rom

office

he

State

hief

Information

commissioner

r

a

State

nformation

ommissioner

f a

state

chief

Information

ommissioner

r

a State

nformation

ommissioner,

s he

case

may

be,-

(a)

is

adjudged

n

nsolvent;

or

L L w . m


21/33

L L w . m

20

The

J&K Govt.

Cazette,20th arch,

009129th

hal.,

930.

[No.

5l-5

(b)

has

been onvicted

f an offence

which,

rrthe

opinion

of

the Governor,nvolves

moral

urpitude

or

(c)

engages

uringhis

term

of office n

any

paid

employment

outside

he duties

of his

office

or

(d) is, n theopinion f theGovernor,nfit o continuen office

by

reason

f infirmity

of

mind

or body

or

(e)

has

acquired

uch inancial

r other nterest

s s likely

o

affect

rejudicially

is unctions

s he

State

Chief nformation

Commissioner

r a State nformation

ommissioner.

(4)

If

the State

Chief Information

Commissioner

r a State

Information

Commissioner

s n

any

way,

concerned

r interested

n any

contractor agreement

made

by or on

behalf of the

Government

r

participates

n any way

in the

profit

thereof or in

any

benefit

or

emoluments rising

therefrom

otherwise han as a memberand in

common

with

theothermembers

f an ncorporated

ompany,

e

shall,

for the

purposes

f sub-section

l),

be

deemed

o

be

guilty

of

misbehaviour.

CHAPTER V

Powers and Functions

of the Information

Commission,

Appeal

and Penalties

15. Powers and

functions

of Information

Commission.--

(l

)

Subject o the

provisions

f theAct, t

shall

be heduty

of the State

InformationCommissiono receive nd nquire ntoa complaint rom

any

person,-

(a)

who has

been unable

o submit

a requdst

o

the

Public

Information

Officereither

by reason

hatno

suchofficer

has

beendesignated

under

he Act,

or because

he Assistant

Public nformation

Officer

has efused

o accept

his or her

application

or information

or appealunder

the Act for

forwarding

he

same o the Public

Information

Officer or

senior

officerspecified

n sub-section

l)

of section 6

or

the

State

nformation

Commission,

s

the casemay

be

;

L L w . m


22/33

L L w . m

No.5l-51rhe

&K

Govt.

Gazette,20th

arch,

}oglzgth

hal.,

t930.

zl

(b)

who

has

been

efused

ccess

o

any

information

equested

.

inder

the

Act

:

(c)

who

has

not

been given

a response

o

a request

or

'

information

or access

o

information

within

he

ime

imit

specifiedunder he Act ;

(il)

who

has

been

equired

o

pay

an amount

of fee which

he

'

or

sheconsiders

nreasonable

(e)

who

believes

hat

he

or

she has

been given

incomprete,

misleading

r false

nformation

nder

he

Act

;

and

(0

in respect

of any

other

matter

relating

o requesting

r

obtaining

access

o

records

under

he

Act.

(2)

where

the

State

nformation

commission

s satisfied hatthereare reasonable

rounds

o

inquire

nto

the

matter,

t:rtray

nitiate

an inquiry

in

respect

hereof.

(3)

The

State nformation

ommission

hall,while

nquiring

nto

any matter

under

his

section,

ave

he

sarne

owers

as

are vested

n

a

civil

court while

trying

a suit

under

he

code

of'civil

prbcedure,

Samvat

1977,

n

respect

f

the following

matters,

amety

_

(a)

summoning

and

enforcing

he

attendance

f

persons

nd

compel

hem

o

give

oral or

written

evidence

n oath

and

o

(e)

produce

he

documents

r things

requiring

he

discovery

nd

nspection

f documents

receiving

evidence

n

affidavit

requisitioning

ny

public

record

or copies

hereof

rom

any

court

or office

;

issuing

summons

or

examination

of witnesses

or

documents

and

(f)

any

other

matter

which

may

be

prescribed.

(b)

(c)

(d)

L L w . m


23/33

L L w . m

TheJ&KGovt.Gazet te ,20thMarch,2009/29thPhal" l930 ' [No.s l '5

(4)Notwithstandinganythingincols,istentcontainedinanyother

Act

oi

the

State

Legislature,

he

State

nformation

Commission

may,

auring

he

nquiry

oi

uny

complaint

nder

he

Act'

examine

ny

record

to

which

the

Act

applies

*-hi"h

is under

he

control

of

the

public

author i ty ,andnosuchrecordmaybewi thhe|dfromi tonanygrounds.

16.

Appeal.-\l)

Any

person

ho,

doesnot receive decision

within

he

ime

specified

n sub-section

l)

or

clause

a),ofsub-section

t:

j

"f

section

,

or

is aggrieved

y

a decision

f the

Public

nformation

bffir.r,

may

within

thirty

days

rom

he

expiry

of

such

period

or

from

the

receipt

of

suctr

a

decision

refer

an

appeal

o

such.

fficer

who is

senior

in

rank

to

the

Public

Information

officer,

in

each

public

authority:

Provided

hat

such

officer

may

admit

he

appeal

after

he

expiry

of

the

period

of

thirty

days

f he

or,she

s

satisfied

hat

the

appellant

*u,

prrnrnted

by

suificiint

cause

rom

filing

the

appeal

n

time'

.

(z)Where

an

appeal

s

prefefled

gainst

n

order

made

y

a Public

lnforrnatiorr

fficer

under

ection

I to

disclose

hird

party nformation'

the

appeal

y

he

concerned

hird

party

hall

be

made

within

hirty

days

from

the

date

of

the

order.

(3)

Where

any

Officer,

at

the time

of

decidihg

an

appeal

under

,ub-r..iion

(

t

)

is

oithe

opinion

hat

he

public nformation

Officer

has,

without

any

reasonable

ause,

efused

o

receive

an

application

or

information

r

has

not

furnished

nformation

within

the

ime

specified

orlmalafidely

enied

he

equest

or

information

r

has

nowingly

given

incorrect,

ncomplete

r

misieading

nformation

r

destroyed

nformation

which

was he

iubject

of the request r obstructedn any manner n

fuJrfring,he

infoination

he

ot

th.

shall

make

reference

o that

effect

to

the

State

nformation

Commission'

(4)

A

second

appeal

against

he

decision

under

sub-section

l)

shall

ie

within

ninety

days

rom

he

date

on

which

he

decision

hould

have

been

made

or

was

actually

eceived,

with

the

State

nf6rmation

Commission

Provided

hat

the

State

nformation

Commission

may

admit

he

appeal

fter

he

expiry

of

the

periodof

ninety

days

f it

is satisfied

hat

L L w . m


24/33

L L w . m

No.5l-51The

&K

Govt.

Gazette,20th

arch,

0}9t29th

hal. .

t930.

23

the

appellantwasprevented

y

sufficient

ause

rom

filing

the

appeal

in time.

(5)

If

the

decision

f the

State

ublic

Information

fficer

against

which

an appeal

s

preferred

elates

o information

f a thirdparty, he

Information

ommission

hall

give

a,reasonable

pportunity

f being

heard

o

that

third

party.

(6)

In

any

appeal

proceedings,

he

onus

o

prove

hat a denial

of

a request

as

ustified

shall

beon he

Public

nformation

fficer who

denied

he

request.

(7)

An appeal nder

sub-section

l)

or sub-section

2)

shall

be

disposed

f

within

hirty

days

of the eceipt

f the

appeal

r

within

such

extended eriod

not

exceeding

total

of forty-five

days rom

the

date

of filing

thereof, as the

case

may

be, for

reasons

o

be recorded

n

writing.

(S)

The

decision

of

the

State nformation

Commission

hall be

binding.

(9)

In its

decision,

he State

nformation

Commission

as

the

power

tG--

'

(a)

require

he

public

authority

o take

any

such

stepsas

may

be necessary

o

secure

ompliance ith

the

provisions

f

the

Act,

including-

(i)

by

providing

access

o

information,

f

so

requested,n

a

particular

orm

;

0i)

bV appointing

Public

nformation

Officer

;

(iii)

by

publishing

certain

information

or categories

of

information

(iv)

by making

necessary

hanges

o its

practices

n relation

to

the maintenance,

management

nd

destruction

of

records

L L w . m


25/33

L L w . m

24

TheJ&K

Govt.Gazette,0thMarch,

009129thhal.,

930.

No.

5l

-5

(v)

by enhancing

he

provision

of training

on the right to

information

or its

officials

;

(vi)

by

providing

t with

an annual eport n

compliance

ith

clause

b)

of sub-section

l)

of

section

;

(b)

require

he

public

authority

o compensate

he

complainant

.

for any loss or other detriment

uffered

(c)

impose

any of the

penalties

rovided

under he Act

;

(d)

reject

he application.

(10)

The State nformation

ommission

hall

give

notice

of

it s

decision,ncluding

ny

ight

of appeal,o he

complainant

nd

he

public

authority.

(ll)

The

State.lnformation

ommissionhallwithin

sixty

days

from the receiptof appeal ecide he appeal n accordance ith such

procedure

s

may

be

prescribed

Provided

hat the State

nformation

Commission

may decidean

appealwithin

suchextended

eriod,

not exceeding

ne hundredand

twenty days

from

the date of filing

thereof, as the casemay

bo,

for

reasonso

be

recorded

n writing:rtadt

17 Penalties.4l

)

Where

he State nfrirmation

ommission t

the imeof deciding nycomplaint,

ppeal r

reference

s

of theopinion

that he Public nformation

Officer has,

without

any

reasonableause,

refused

o

receive

an applicationor information

r hasnot furnished

information ithin he imespecified nder ub-sectionl) of section

7

or

malafidely

denied he requestor information

r

knowingly

given

incorrect,ncomplete

r misleadingnformation

r destroyednformation

which was

he subjectof the request

r obstructedn

pny

manner n

furnishinghe nformation,t

shall mpose

penalty

f two hundred nd

fifty rupees

each day till application s

receivedor information s

furnished, ohowever,

he otalamount

f such

penalty

hall

not

exceed

twenty-five

thousand upees

Provided

hat the Publ ic Information

Officer

shall be

given

a

reasonablepportunity

of being

heard

beforeany

penalty

s imposed

on

him

:

L L w . m


26/33

L L w . m

No.

5

-51-The.

&K

Go-vt.

werte,

Oth

Marsh,,ZeAg/

gth

pha:h,.

1

93

0.

Zs

Provide-d

qrther

that,

the

burden

of

proving

.thst

he acted

reasonably

nd

diligently

hall

be

on the

public

InforrnaEionrofficer.

(2)

Where

the

State"

n,forrnation,

o,ryplqgion1;at

he. ime

of

deciding

any

qomplaiqt

.

gppeal,or efgrence

s;qf,thenopinipn

hat he

Public Informationofficer has,without any reasonable auseand

persistently,

ailed

o receive

n

application

or

information

r has

not

furnished

n{q,n4ation

v,ith,in

he:time

pecified

nder

ub-seotion

.1)

f

section7 or

malafidely

denigd

he re_guest

gr

iofonrndtipn

r"knowingly

given

incor_tr.jl,

inpgrplgl"e.,gf,

r' isleading

nformatio.n

r destroyed

information

l,:.1

wXl

glri

siUjeqt

g{,t[re."rgq9ql[

r

obsrruited

n

uny

manner

n

furnishing

f9 inform$ign,

t

sla[l recommend

o,l

disciplinary

action

gainst

he Public

nfoimation'Officer

nder

he

service

ules

appl icab le

o h im.

CHAPTER

Miscellaneous

18.'

Protefiion

6f

detion

bkefi

:

in,Ebod

"fai'thi.,-No,,,s0it,,

prosecutidn,orother+legal,$rbceedingrshdfl,i{iO.rigainst

nf.pbisbrr

f#

anythingwhieh

s'in

gond

aith'done

l intended

o

ue* ci'ne fidet

he

Act

or

any rule made

hereunder.

,.19.

r-,4at

to

havv,averriding

effect..,-Theprwbkins,'.sf

the Acd

shall

.hava.

eff,ect

notwithstrndinganydhing

insonsisG$t

herewith

contained4n

he,State

Officisl,Secrtts,,4rsL,$amWf

477+

srd,any

stbcr

law .for,the irqeboing: n, ergq.or, n,Bny nstrumentlravia cffeot by

virtue

of

any law

other han

he Act.

20. Bar

of

urisdiction

of

courts.-No

court

shall

entertain

ny

suit,

application

r

other

proceeding

n

respect

f any

ordermade

nder

the Act and

no

such,order

hall

b,g.,callqd.lnrguestioR,qthcrwisehan

by

way

of an appeal

under

he

Act.

v

L L w . m


27/33

L L w . m

26 TheJ&KGovr. Caeette.20th arch,2009/29$Phall. 930,"

No.

St:S

GovernrnentMty,

frocntime

o tiqrs, by

notificatisn'iri'theGovernmgnt

Gazette, pociS :

Provided

S*

Se

hfurmior

prtaining

to the

allegationsof

corruption

md em6 ligk violgions

drall

not

be

pxc.luCed

ndor

his

sub-section

Providd

further that in

the case

of

lnfor-nation

sought

for

is

in

respest

f allegations

f

v"ioletion

f'human

igl*s,

she

nfsrmstion

strall

only bg

prov.ided

fterthappro-v.al

fdre

.

uteldsrmation

Comsission

and,'.n

twithstandi

g

anyth

n

g

conta

ned

i

i sectigR , such nformati n

shallbe

provided

within

forty-fivedays

rom

he drte of the receipt f

request.

(2)

Every

4otificetiffi.issued.under

u.b-seQtion

l)

shall be

laid

before each Houseof t$ $tate Legisleturp.

22. Monitoring

and reportrzg.{1)'The

State

Information

Commission

hall,

as

soo{ras

practicafole

fter

the

end of

each

year,

prepare

a report

qF.

he

implernenntion

gf

the.Bqovisiops tthe

Act

during

that

ypar

erd

"foqvrd

a copy,thBeofo the

Governmgnt.

(2)

Each De$sneirt

shrll,

in

r*h*ft*lto"ths

pxblic

autlioririgs

within

their

urisdiction,

colhct

and

p,pv*d6swh

nfqmnlhm

to lhe.State

I n o

rmat on Commission

a

s

ic,

cqu

rd. o.

gmnrc,,t[p

r,oppgt,,mkr,

hrs,

sectionand

comply

with

the require.ments

qtcerning,tlrc

umishingof

that in or-rnation nd*sepiagpf rpsordsontlrc prrporegof.*tE,socgofl.

(3)

Each eport

shell statc o respopt f the

year

o

which

[c

reporr

relates,-

(a)

the nu,mber

f

reqgstsmade o

each

publh.authori,ty

.

(b)

the nurnber

of docisions

whero

applicents

wre

not entirled

to access

o thc

doouments

.ursu*ttt,,Eo'the

equestt, he

provisionsofitre

Act under

which

trcse

seisioris-wera

ade

and

the number.of irnes such

provisions

were

invoked

;

L L w . m


28/33

L L w . m

No.5l-5lThc'

&K

Oovt.i6gette.

0thMarch, 009129th

hal., 930. 27

:

,

.

(c)

the

riurtrtrorof appoals

referred

o

the-

State

Information

Commission

or

review. he Rature f theappeats

and he

ordcomof the

appeals

"

'

(d)

pafticulars

of any

disciplinarysction

taken against any

officer in respcct of the administration f the Act ;

(e)

the amount

of charges ollected

by

each

public

authority

trnder he

Act

(0

any

facts

which indioatean effort

by the

publ'ic

authorities

'to

administer

and

tnplement

he spirit and

ntention f the

Act

;

(g)

recommrlddlons

or reform, rlcluding ecommendations

n

respoct

of the

particular

public

authorities,,

or the

development,

mprovetnent,

modernization,

reform or

amendmento the Act or other egislatitin r common aw

or

any other

mattet elevant

or

oporationalising

he

right to

accass

nformation.

n

(4)

The

Govertinbnt'lnay,

s

soonas

practicable

fter he

endof

each

year,

cause

a copy of the

report of the

State

lnformation

Commission,

eferrsd o

in sub-section

l

)

to be aid

before

eachHouse

of

tlre

Sur,teegislalure.

(5)

r1f'llsppetis"to

the

Strte

Information

Commission

hat

the

prmtioe

of a

ptrbfic

irtthdfity

r relarion o

the exercise

f its

functions

tnlder heAct doesllot'conform htr heprovisiotrs r spiritof the Act,

it

may

give

to the authority

a recommendation

pecifying

he

steps

which

ougtlt n

its opinion

o

be

aken

orpromotingsuch

conformity.

23.

Goverhfient

o

prepare

prcgrammes.


29/33

L L w . m

28

Thb

J&K Govt,Gazette,

0thMarch,20f'929rh

Phal.,1930.

[No.

5 -5

(b)

encouiage

ublic'authorities

s

participate

n

thedbvelopment

andorganizatiori f,piogrammese-feired

o

in

clause

a)

and

to undertake

uch

progiarnmes

hemsri'lves';

I

(c)

promolp

limely.4nd

effective

dissemination f accurate

information ypublicauthorities boutheiractivities and

t

(d)

train Public

nformation

fficersof

.public

uthorities nd

produce

elevant rainingmaterialsor

use by the

public

authorities.$rernselv.es.

.,

;.

j

. ' :

(2)

The Govgrnment

hall,

within

eighteenmonths rom the

commencement

f

theAct,compilen theofficial anguage

f theState

a

guide

ontainingsuch

nformation,

n an

easily

omprohensibleorm

and

manner,

s'may easonablye required y a

person

who

wishes

to exerci,se'any'right

p'ecified'

n the Act.

.

,

(3)

The Gbverntnenthall,

f.necessary,pdate nd

publish he

guidelineseferredo

in

sub-section

2)'at

egular

ntervals

hichshall,

in

particular

nd

without

rejudice

o the

generality

f sub-section

2) ,

i nc l ude -

: -

" i

"

' ' : ' :

. i , :

, :

, ,

. , . 1 : . ; i

(a)

the objectsof'the

Act

;

'

(b)

the

postal

ndstreet ddress,he

phone

nd ax number nd,

if available.lectroriic

ailaddress

f the

Pdblic nformation

Officei'of

every

pubiii

authoriw ppointed nder ub-sbbtion

i

( l )

o f sec t ion

'

.,

)

'

/

.;-

- --

:,"

:i:'

.

..

r'r

' ' :

: ,

. j :

,

:

(c)

the

manner nd the form

in which

request

rir

access

o

.

.

al'information

hall

be

made

o

a

Publip

l,nformation

fficer

. , i 1 , , . , .

(d)

the assistance

vailable rom and the duties of

the Public

Infornation

Officer,of

a

puhlio

authgrity

qnder

the Act

;

I

r .

,

, r , . - . ; . ,

: :

: (

,

. . ; , . , -

,

i

1 i

(e)

the.i

as$i.slnnee..,avq.ilablefpry

,lhp State

lnformation

Commiss ion;

.

, : ' i

i

L L w . m


30/33

L L w . m

No.

5l-51

he

J&K Govt;

Gazette;0th

March,

009t2.9th

hal.,

930.

29

(f)

all remedfus'in

aw

available

egarding

n act or failure

o

act

n respect

f

a right

or duty conferred

r imposed

y the

.Act

including

he manner

of

filing

an appeal

o thg

Commission

(g) the piovisionsproviding' or the voluntaryd,isclosure f'

categories

f

.records

n accordance

ith

section4

;

'(h)

the

notices

egarding*u

fo

bp

paid,in

elation

o requests

,

..

for accesso an inforcnation

3nd

,

.

j

,

(i)

any

additional egulations

r circulars

made

or

issued

n

relation

o obtaining,,access.to

n nforrnation.

n accordance

:

with

the

Act.

(S)

The

Governmnt

must,

f

necessary,

pdateand

publish

he

guidelines

t ree.ull intervals.

24. Power

o make ules

by Government.-(l)

The

Government

may,

by

notification

n

the

Governmqnl

azelte,make

ules

o

carryout

the

provisions

f

the Act.

..t (2)

In

particular,

nd

without.,prejudice

o

the

genetality

f the

foregoing

ower,

such

ules

may

providefor

all or

any of the

ollowing

matters,

amely -

(a)

the cost of the medium

or

print

cost

price

of the

materials

'

to be dissetninated

ldbr sub.sectiln

4)

of section4

;

(b)

the

fee

payable

nder uhsection.

)

of section

;

(c)

the ee

payable

ndgr

.uQ-pec1io4s

l)

pd

(5)

of section

;

(d)

the salaries

nd'allowancesipayable

o and

he termsand

'condiiionS

of service,

f thE,officers

and

other

employees

under

sub-section

6)

of section

3

;

()

the

procedure

o',be

adopted

by the State Information

Comnnission

n deciding

he appeals

ndersub-sectionI I

)

,

of section16

;

and

L L w . m


31/33

L L w . m

30

"

The

&KGovt:

azstte,20thMareh,

009l29thiphal:,

930,

No.

l'5

,(f)

anyLo1fusvl;tr*tterrWhich

s

fequi'red

to''be'

of

'ntay

be,

Prescribed,

"

:'

25.

Power

o

make

rules

by

competent

uthority' |)

Subject

to

the

provisionsof

section

24,

th;e

competeht

uthofity

may, by

notification n'the Govemrlrgnt aze'tte,ndke ules o Carryout the

provision's

f the

Act.'

I

"r :

(2)

In'particular;

and

wfthout

prejudice o the

generality

f the

foregoing

ower,

such"hi{es

nay

pnovide'f,or'all

r'anyofthe

following

matters,

amelY

-

,(a)

thb

cbst

of

the

medium

or

print

cost

price

of the

materials

to

be disseminated

nder

sub'section

4)

of section

4

;

(b)

the

fee

1iayabi6'tirrdEr'

sub-srirction

|

)

of section

6

:

(c)

the

fee

payable nder

sub'section

l)

of section

:

and

(d)

any'cither:matter

whi8h

is

required

o be,

or

may

be,

'

prescribed.

26.

Lq)ing

of

rules.-Evdry

rule made

by

the

Government

under

he

Act shall

be

aid,as

soon

smay

beafter

t

is made,

efore

each

House

f

the State

egislature,

hile

t

is

in

session,

or a

total

per,iod f thirty

days

whigh

Bay

be

cornprisod

n one

session

r

in two

or

more

successive,sessions,

nd i.f,

beforp he

expiry

of

the

session

immediatetyollowing hesessionr hesuccessiveessionsforesaid,

both

Housesagree

n

making,ani

modificatioir

nthe

rule

or both

Houses

agree

hat

he

rule

should

ot be

made,

he

rule shall

hereafter

ave

effect

only

in suih

modified'form

or be

of

no effect.

as he

case

may

be

;

so,

however,

hatany'such

modification

or

annulment

hall

be

without

prcjudioe,to,the:validiU

f anything

reviously one

under

hat

rule.

27,

Power

to

remove

dfficulties.


32/33

L L w . m

No.

5 -51

The J&K

Govr.

Cazette, 0th.{ d,arch,

00.9t29th

hal,.

1930.

3

inconsistent

with

the

provisions:of,iffus;,.frgt

s

appear

o it

to

be

necessary

r expedient

or

removal

of the

difficulty

:

Provided

hat no

such

order

shall

be rnade

fter

the

expiry

of

a

period'of'two

years

rom

the

date

cif'the,commehqomtlt

f the,Act.

(2)

Every

order"made

nder his

section.

hbl{,;.ab,sbon

s may

be

after it is

made.

be laid

before

eachHouse

of

the State

Legislature.

28.

Repeal

dnd saving.{:t

)

Thc,Jammu

nd

Kashmir

Right,to,

Inforination

Act,

2004

and the,

Jarnmu

and

Kashmir

Righl

to

Information Arn*nCpent)

A,$,

2008 are hereby

epealed,

(2)

Notwithstarding

such

repeal,

anything,

one,.or'any

action

taken

s'r any order made

before,such,repeal

hatt.be

esrned

o-have

beendme,

takenor rnade,

s he,case,rncy,b;,under

he

corresponding

prov,isions,ofthisAct. , ,

,,

:, r .,i , .,

L L w . m


33/33

32

The &K

Govt.

Oazette,

0th

March,

009l29th.Phal.,

930.

[No.

5

-5

SCHEDULE

f

See secrion

13

(3)

|

FORM

OF OATH

OR AFFIRMATION

O

BE

MADE

BY

THE

STATECHIEF INFORMATION OMMISSIONER/THETATE

INFORMATION

COMMISSIONER

t t l o

_having

been

appointed

State

Chief

lnformation

Comrnissioner/State

nformatjon

Comrnissloner

Syear

in ttre

name

of

CoO

that I

will beur

rue faith and

allegiance

Solemnly

ffirm

to the

Constitutionof

hq Sate

asby'

aw established,

hat

.ryill

pphold

the

soveroignty

nd

ntegfity,pf

ndia'

hat

will

duly

and aith'fully

nd

to

the,

estof,my

ability,

knowledge

nd

u.lgicntent

e.rfiorm

he

dqties

of my officewithout earor avour, ffection

r

ill-will and

hatl

will

uphold

he

Constitution

nd he

aws"."

(Sd.)

MOHD

ASHRAF,

Additional

ecretary

o Governrnent,

Law DePartment.

jammu and kashmir right to information act,2009

Documents