Updated: Saturday October 04, 2014/AsSabt
Thoul Hijjah 10, 1435/Sanivara
Asvina 12, 1936, at 09:07:58 AM
The Right to Information Act, 2013
A
bill to provide for access to public documents and records whereas it is
expedient to provide a law for the access of the people of
It
is hereby enacted as follows:---
1.
Short title, extent and commencement:
i. This Act shall be called the Right to Information Act, 2013;
ii.
It shall extend to the whole of Federal Govt./autonomous bodies/corporations
under the federal government.
iii.
It shall come into force at once;
2.
Definition: In this
Act, unless there is anything repugnant in the subject or context;
a.
“Applicant” means a requester or any person acting for and on behalf of a
requester in person or his counsel;
b.
“Complaint” means any grievance registered in writing by an applicant to the
effect that;
i.
Access to record has been wrongly denied to a requester; or
ii.
Access to the requisite documents, information or record has been wrongfully
denied to a requester by a public body having custody or control of the record;
or
iii.
The information sought by a requester has been unduly delayed by a public body.
c.
“Designated official” means an official of a public body designated to provide
information sought by a requester;
d.
“Information” means the public documents and records required by the requester
under this Act, but does not include the records exempted under section 8 of
this Act or disclosure of which may infringe upon the right of privacy of any
individual;
e.
“Mohtasib” means the Wafaqi Mohtasib (Ombudsman), appointed under P.O. No. 1 of
1983, or as the case may be, the Provincial Mohtasib under whose jurisdiction
the federal public body may fall;
f. “Prescribed”
means prescribed by rules made under this Act;
g.
“National security” means and includes the matters pertaining to the integrity,
security or defence of
h.
“Principal Officer” means;
i.
In the case of Federal Ministries/ the Secretary of the Ministry, or Division;
and
ii.
In all other cases, the head or chief executive of the public body by whatever
designation he may be identified;
j.
“Public record” means;
(i)
Record mentioned in Section 7, in any form, whether printed or in writing or in
any form such as map, diagram, photograph, Film, video, microfilm;
(ii)
Transactions involving acquisition and disposal of property and expenditure
undertaken by a public body;
(iii)
Information regarding grant of licences, approvals, consents, allotments and
other benefits and privileges, and contracts made, by a public body;
(iv)
Any information required to be furnished by a person to a public body under any
law or furnished for the purpose of receiving any benefit or advantage;
(v)
Any information of whatsoever nature in possession of a public body in which
members of the public may have a legitimate interest; but does not include the
following;
(a)
All internal working documents of a public body, including proposals for
Cabinet decisions, proposals relating to management of the national economy,
and other affairs of the Government, till such time that a final decision has
been taken and notified by the public body.
(b)
Matters relating to law enforcement and public safety, including:---
(i)
Investigative reports undertaken by agencies for the prevention and detection
of crime, and for the collection and assessment of taxes, including any
information obtained or received in the course of any investigation;
(ii)
Any information about the existence or non-existence or identity of a
confidential source of information in relation to the enforcement of any law;
(iii)
Any information the disclosure whereof would endanger the life or physical
safety of any person, or prejudice the fair trial of a person or the impartial
adjudication of a particular case before any court or tribunal;
(c)
Any information relating to scientific or technical research the disclosure
whereof would, or could reasonably be expected to, expose the concerned
organization or project to disadvantage;
(d)
Any information the disclosure whereof would violate any intellectual property
rights;
(e)
Any information regarding defence planning, deployment of forces, defence
installations, and matters that can legitimately be related to national
security.
j.
“Public body” means:---
i.
Any Ministry, Division, Department, or attached Department of the Federal
Government;
ii.
Any Federal or, and any Municipal or Local authority set up or established by
or under any law;
iii.
Any statutory corporation or other body corporate or institution set up or
established or owned or controlled or funded by the Federal Government;
iv.
Any incorporated or unincorporated body or legal entity functioning under the
control or authority of the Federal Government or wherein one or more of such
Governments owns or has controlling interests, or which is funded by any such
government;
v.
Any court, tribunal, commission or board.
3.
Access to Information not to be denied:
(i) Notwithstanding anything contained in any other law for the time being in
force, and subject to this Act, no requester shall be denied access to any
public record other than exemptions mentioned in this Act.
(ii)
This Act shall be interpreted so as:---
a.
To promote the right to know, and
ii.
To facilitate and encourage, promptly and at the lowest reasonable cost, the
disclosure of information.
4.
Maintenance and indexing of records.-
Subject to provisions of this Act and in accordance with the rules that may be
prescribed, Principal Officer of each public body shall ensure that all records
covered under clause (g) of section 2 of this Act are properly maintained.
5.
Publication and availability of records: (i) The Acts and subordinate legislation such as rules and
regulations, notifications, by-laws, manuals, orders having the force of law in
Pakistan as well as reports of legislative and municipal proceedings and boards
and Commissions shall be duly published and made available at a reasonable
price at an adequate number of outlets so that access thereof is easier, less
time- consuming and less expensive.
(ii)
The Principal Officer of each public body shall, within six months of the
commencement of this Act, cause to be published in the Official Gazette or
special publications and shall immediately make available for inspection and
copying, during office hours at each of its offices and branches, the following
information;
(a)
Description of the Public body’s organization and functions, indicating as far
as possible the duties and functions of various officers of the body empowered
to take decisions;
(b)
Statues, statutory rules, regulations, orders, notifications applicable to the
public body disclosing the date of their respective coming into force or
effect;
(c)
Substantive or procedural rules and regulations of general application evolved
or adopted by the public body;
(d)
Statement of policies adopted by the public body and the criteria, standards or
guidelines upon which discretionary powers are exercised by it;
(e)The
conditions upon which members of the public can acquire any licenses, permits,
consents, approvals, grants, allotments or other benefits of whatsoever nature
from any public body, or upon which transactions, and contracts including
contracts of employment, can be entered into with the public body;
(f)
The methods whereby specific information in possession or control of the
public body may be obtained, and the basis of the fee required therefore;
(g)
Such other matters which the principal officer of the public body deems fit to
be published in the public interest; Provided that no information otherwise
already published in the Official Gazette shall be required to be so published
under this sub-section.
(2)
Any amendment, alteration or modification relating to matters described in
sub-section (i) shall also be published and made available for inspection and
copying in the like manner, and no person shall be adversely affected by any
amendment, modification or alteration of any matter other than a statute.
6.
Computerization of records:
(1) Each public body shall Endeavour within reasonable time an subject to
availability of resources that all records covered by the provisions of this
Act are computerized and connected through a network all over the country on
different systems so that authorized access to such records is facilitated.
(2)
The Federal Government shall maintain a website listing updated rules,
application forms as well as the names and addresses of the designated
officials.
7.
Declaration of public records:
(1) Subject to the provisions of section 8, all record of public bodies
mentioned in this Act is hereby declared to be the public record.
(2)
Notwithstanding anything contained in any law for the time being in
force, all documents will become public record after 20 years of their
initiation.
8.
Exclusion of certain record:
(1) All exclusion and classification must be accompanied by a record of reasons
for such exclusion.
(2)
Nothing contained in this Act shall apply to the following record of public
bodies, namely:---
a.
Record of the banking companies and financial institutions relating to the
accounts of their customers;
b.
Records relating to deployment of defence forces, defence installations or
connected therewith or ancillary to national security.
c.
Record relating to the meetings of the Cabinet, Council of Common Interests and
National Economic Council and their Committees having a bearing on national
security;
d.
Record declared as classified by the Federal Government;
e.
Record relating to the personal privacy of any individual; and
f.
Record of private documents furnished to a public body either on an express or
implied condition that information contained in any such documents shall not be
disclosed to a third person.
9.
Duty to assist requesters: A
public body shall take necessary steps as may be prescribed to assist any
requester under this Act.
10.
Designation of official: (1)
A public body shall designate and notify an officer on its staff to whom
requests under this Act are to be made. These officials will be designated to
ensure easy public access to information.
(2)
In case no such official has been designated or in the event of the absence or
non-availability of the designated official, the Principal Officer of the
public body shall be the designated official.
11.
Functions of designated official.-
Subject to the provisions of this Act and the rules made there under, the
designated official shall provide the information contained in any public
record or, as the case may be, a copy of any such record.
12.
Applications for obtaining information, etc.: Subject to sub-section (2), any citizen of Pakistan may make
an application to the designated official in the form as may be prescribed and
shall with his application, furnish necessary particulars, pay such fee and at
such time as may be prescribed.
(2)
Nothing contained in sub-section (1) shall apply to such public record as has
been published in the Official Gazette or in the form of a book offered for
sale or placed on website for general public consumption.
13.
Procedure for disposal of applications:
(1) Subject to sub-section (2), on receiving an application under section 12,
the designated official shall, not later than twenty one days of the receipt of
request, supply to the applicant the required information or, as the case may
be a copy of any public record.
(2)
In case the designated official, on the authority of the Principal
Officer, is of the opinion that:---
a. The
applicant has not furnished necessary particulars or has not paid such fee as
has been prescribed;
b.
The required information or, as the case may be, the required record does not
constitute a public record;
c. The
required information on as the case may be, the required record constitutes a
record which is excluded under section 8, he shall record his decision in
writing and the applicant shall be informed about such decision within twenty
one days of the receipt of the application.
(3)
The information, or the copy of any public record supplied to the applicant
under sub-section (1) shall contain a certificate at the foot thereof that the
information is correct or, as the case may be, the copy is a true copy of such
public record, and such certificate shall be dated and signed by the designated
official.
14.
Exempt information from disclosure:
Subject to the provisions of this Act, a public body shall not be required to
disclose exempt information.
15.
International relations: (1)
Information may be exempt if its disclosure would be likely to cause grave and
significant damage to the interests of
(2)
In this section, “International relations” means relation between
(a) The
government of any other foreign State; or
(b)
An organization of which only States are members.
16.
Disclosure harmful to law enforcement.-
Information may be exempt if its disclosure is likely to:---
(a)
Result in the commission of an offence;
(b)
Harm the detection, prevention, investigation or inquiry in a particular case;
(c)
Reveal the identity of a confidential source of information;
(d)
Facilitate an escape from legal custody;
(e)
Harm the security of any property or system, including a building, a vehicle, a
computer system or a communication system.
17.
Privacy and personal information:
Information is exempt if its disclosure under this Act would involve the
invasion of the privacy of an identifiable individual (including a deceased
individual) other than the requester.
18.
Economic and commercial affairs.-
Information is exempt if and so long as its disclosure is likely to
cause:---
(a)
Grave and significant damage to the economy as a result of the premature
disclosure of the proposed introduction, abolition or variation of any tax,
duty, interest rate, exchange rate or any other instrument of economic
management;
(b)
Significant damage to the financial interests of the public body by giving an
unreasonable advantage to any person in relation to a contract which that
person is seeking to enter into with the public body for the acquisition
or disposal of property of the supply of goods or services, or
(c) Significant
damage to the lawful commercial activities of the public body.
19.
Recourse to the Mothasib and Federal Tax Ombudsman and the Judiciary: (1) If the applicant is not provided the
information or copy of the record declared public record under section 7,
within the prescribed time or the designated official refuses to give such
information or, as the case may be, copy of such record, on the ground that the
applicant is not entitled to receive such information or copy of such record,
or if a public record is wrongly declared classified or exempted, the applicant
may, within thirty days of the last date of the prescribed time for giving such
information on as the case may be, of such record, or the communication of the
order of the designated official declining to give such information or copy of
such record, a complaint with the head of the public body and on failing to get
the requested information from him within the prescribed time may file a
complaint with the Mohtasib and in cases relating to Revenue Division, its
subordinate departments, offices and agencies with the Federal Tax Ombudsman.
(2)
The Mohtasib or, as the case may be, the federal Tax Ombudsman, may, after
hearing the applicant and the designated official, direct the designated
official to give the information or, as the case may be, the copy of the
record, or may reject the complaint. All such applications shall be disposed of
within 14 days of being filed.
(3)
The complainant may challenge the Mohatasib or the Federal Tax Ombudsman’s
decision to classify or exempt a record in the High Court of competent
jurisdiction and in the event of an adverse decision appeal to the Supreme
Court.
20.
Dismissal of frivolous, vexatious and malicious complaint: Where a complaint instituted is found to
be malicious, frivolous, vexatious, the complaint may be dismissed by Mohtasib,
and fine may be imposed on the complainant up to an amount not exceeding ten
thousands rupees.
21.
Offences: (1) Any person
who destroys a record which at the time it was destroyed was the subject of a
request, or of a complaint with the intention of preventing its disclosure
under this Act, commits an offence punishable with imprisonment for a
term not exceeding two years, or with fine, or with both.
(2)
The designated officer who without reasonable excuse, fails or refuses to
provide inspection or disclose records under Section 9,10,11,12, and 13 of this
Act shall be liable to a fine not exceeding twenty five thousand.
22.
Access not to Constitute Offence:
Notwithstanding anything contained in any other law for the time being in
force, any access to public information granted by any officer under this Act,
or any action taken in good faith in the exercise or purported exercise of
powers and duties conferred under this Act, shall not constitute an offence
under the Official Secrets Act, 1923, or any other law for the time being in
force.
23.
Indemnity: No official
shall be subject to any legal, administrative or employment related sanction as
long as he acted in good faith and in the reasonable belief that the
information was substantially true and within the parameters of this Act.
24.
Act to Over-ride other laws:
The provisions of this Act shall over-ride, anything contained in any other law
for the time being enforce.
25.
Repeal: The Freedom of
Information Ordinance 2002 (XCV of 2002) stands hereby repealed.
26.
Power to remove difficulties:
If any difficulty arises in giving effect to the provisions of this Act, the
Federal Government may, by order in the official Gazette, make such provisions
not inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty, subject to ratification by
National Assembly within 120 days.
27.
Power to make rules: (1)
The Standing Committee of the National Assembly on Information and Broadcasting
shall, by notification in the official Gazette, within one month of the
enforcement of the Act, make rules for carrying out the purposes of this Act.
(2)
In particular and without prejudice to the generality of the forgoing,
such rules may provide for.
(a)
The fee payable for obtaining information and copies of the public record;
(b)
The form of application for obtaining information and copies of the public
record; and
(c)
The form in which information from the public record shall be furnished.
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