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COMPARATIVE TABLE OF RIGHT TO INFORMATION LAWS IN INDIA

PROVISION

T. NADU, 1997

GOA, 1997

RAJASTHAN, 2000

KARNATAKA, 2000

DELHI, 2001

MAHARASHTRA, 2002

Assam, 2002

MADHYA PRADESH, 2003

Jammu & Kashmir 2004

FOI ACT, 2002

COMMENTS

SCOPE

Obtaining certified copies of documents or records. Sec 2(3)

Obtaining certified copies of documents or records, inspection of records, notes and extracts, inspection of public works, taking sample of material from public work. Sec 2(d)

Obtaining certified copies of documents or records, inspection of records, notes and extracts, inspection of public works, taking sample of material from public work. Sec 2(vi)

Obtaining certified copies of documents or records. Sec 2(d)

Obtaining certified copies of documents or records, inspection of records, notes and extracts, inspection of public works, taking sample of material from public work. Sec 2(vi)

Obtaining certified copies of documents or records. Sec 2(5)

Obtaining certified copies of documents or records, inspection of records, taking notes and extracts, inspection of public works, taking sample of material from public work, any other prescribed manner. Sec. 2(f)

Inspect and obtain copies of any record created within 3 preceding calendar years

Obtaining certified copies of documents or records, inspection of accessible records and taking notes and extracts, inspection of public works, taking samples of material from public works, information stored in a computer or in any other device. Sec. 2 (g)

Obtaining certified copies of documents or records, inspection of records, notes and extracts. Sec 2(c)

The scope of the Act should be wide enough to cover the various ways in which information can be obtained by the citizens.

PRIVATE BODIES

NO PROVISION

Applies to private bodies executing work for or on behalf of or as authorised by the Govt.     Sec 2 (c)

NO PROVISION

NO PROVISION

NO PROVISION

Includes any body which gets aid [directly or indirectly] from government including aid like tax benefits, land concessions, etc. This will include hospitals, schools, etc. getting aid from govt. Sec 2(6)

NO PROVISION

NO PROVISION

Any Society or Cooperative Society and any body which receives substantial financial assistance from the Government. Public sector enterprises with 51% government  owned equity and Trusts established by the Government under any law. Sec. 2 (f)

NO PROVISION

Private bodies affecting public must be covered. Current provision under the Maharastra legislation is progressive. The South African Act is a model legislation in this respect.

EXEMPTIONS

22 exemptions + 2 additional broad exemptions. Sec 3

6 exemptions; but information given to State legislature available to citizens. Sec 5

10 exemptions. Sec 5

8 exemptions + 4 additional grounds for refusal. Sec 4 & 6

8 exemptions. Sec 6

11 exemptions with some public interest override. Sec 7; + 3 additional ground for refusal. Sec 8; Also any info that has to be disclosed to Parliament/ Legislative Assembly, will be available to applicants.  Information to be given if reasonably severable. Sec 10;

Public Interest override for exempted commercial information.

18 exemptions + 3 additional grounds for refusal. Sec. 4(2)

9 exemptions + 6 additional grounds for refusal. Sec. 4(2) & Sec. 6

7 exemptions + 9 additional grounds for refusal.   Sec. 6

7 exemptions + 4 grounds for refusal. Sec 8 & 9; Information to be given if reasonably severable. Sec 10

Should be limited to specific requirements for non-disclosure. No class exemptions. There should be reasonable public interest override and provision for severability of exempted information.

SUO-MOTU DISCLOSURES

NO PROVISION

NO PROVISION

Wide discretion to exhibit or expose information. Sec12(A)

Particulars of organisation, its functions, power and duties of officers, norms, details of facilities to get information, its decisions, facts related to any project scheme before the initiation of the same,etc. Sec 3

Particulars of organisation, its functions, power and duties of officers, norms, laws, bye-laws, rules, regulations, list of records available to citizens, details of facilities to get information, facts related to any decision, reasons for its decisions, and project scheme before the initiation of the same,etc. Sec 4

Particulars of organisation, its functions, power and duties of officers, norms, rules, regulations, list of records available to citizens, details of facilities to get information, facts related to any decision and project scheme before the initiation of the same, and other information as may be prescribed. Sec 4.

NO PROVISION

Details of facilities available to citizens for obtaining information. Sec. 3(b)

Particulars of government organization, functions and duties; powers and duties of officers and employees and the procedure followed in the decision making process; norms for discharging public functions; details of facilities available to citizens for accessing information; name, designation and other details of the Officer In-charge and the Controlling Officer in each office; all relevant facts concerning important decisions and policies and reasons for those policies and decisions – whether administrative or quasi-judicial and facts related to any project must be published or communicated before its initiation to persons affected or likely to be affected. Sec. 3

Particulars of organisation, its functions, power and duties of officers, norms, rules, regulations, list of records available to citizens, details of facilities to get information, facts related to any decision, reasons for its decisions, and project scheme before the initiation of the same,etc. Sec 4

Mandatory time bound disclosure for all information affecting life, liberty, health etc.

MEANS OF COMMUNICATION (for Suo-motu disclosure)

NO PROVISION

NO PROVISION

Official gazettes, newspapers, booklets, pamphlets, notice board, Internet. Sec 12-A r/w Rule 6

On a notice board once a year unless already published in any report, pamphlet, booklet, publication. Sec 3 r/w Rule 3

Booklets, folders, pamphlets, information counters, internet, notice board. Sec 4 r/w Rule 7

NO PROVISION

NO PROVISION

Rules to be prescribed

Publish at intervals prescribed by the Government Sec. 3 (b)

Rules to be prescribed.

Specific directions for effective communication of information.

FEE

NO PROVISION

Application Fee -Rs 100/- + Fee to cover photocopy expenses. Sec 14

Application Fee Rs. 5/- + Rs. 2/- per page for photocopying charges for each A4 size paper.  Sec 8 r/w Rule 7

No application fee. Rs. 5 for each A4 size paper. Rs. 100 per floppy. Sec 5 r/w Rule 4(3);                                         For maps, Plans etc. to be fixed by Competent Authority Rule 4(4)

Application Fee- Rs. 50 for general info. and Rs. 500 for commercial info. Rs. 50 for Appeal

Other fee- Rs. 5 per page Sec 13 r/w Rule 8

Application fee - Rs. 10 court fee stamp. Rs 0.50 per page+postage charges (for information readily available). Fee for Appeal - Rs. 20 court fee stamp.       Rs.2 per page+postal charges (for information to be collected).Sec 6 r/w Rule 6(3).

To be prescribed.  Sec. 5(1)

To be prescribed. Sec. 5(4)

Application Fee and Appeal Fee to be prescribed. Sec. 10

To be prescribed. Provisions for "additional fee". Sec 7

Limited to cost of photocopying, diskettes etc. Waiver where payment of fee likely to cause financial hardship or if information is sought in public interest.

TIME LIMIT

30 working days. Sec 3(3)(d)(i)

30 working days to accept or refuse. Sec 4(2)

30 working days for granting or refusing. Sec 4

15 working days for granting info from date of receipt of payment of fee. or refusing request within 15 days from the date of application. Sec 5

Normally within 15 working days for granting or refusing latest within 30 working days. Sec 5(2)

15 working days from granting or refusing - provision for extension by another 15 days with reasons. Sec 6

Within 30 days from date of receipt of the application.  Sec. 5(2)

30 working days for granting or refusing. Sec. 5(2)

30 working days for supply of information. Communication of rejection as early as possible. Sec. 5 (a)

30 working days for granting or refusing. Sec 7

Shorter time limit for refusal.

URGENT REQUEST

NO PROVISION

Information relating to life & liberty to be given or refused within 48 hrs. Sec 4(2)

NO PROVISION

NO PROVISION

NO PROVISION

Within 24 hours of the request involving life and liberty of a person. Sec 6(5)

NO PROVISION

NO PROVISION

NO PROVISION

Within 48 hours for information concerning life and liberty of a person. Sec 7

Information regarding life & liberty within 48 hrs maximum.

APPEALS

One internal appeal. Sec 4

No internal appeal. One appeal to Administrative tribunal. Sec 6

One internal appeal, Sec 6; 2nd appeal to Dist. Vigilance Commission/ civil service tribunal, Sec 7; Jurisdiction of Courts barred. Sec 11

1st appeal to authority immediately superior to the Competent Authority. 2nd appeal to Karnataka Appellate Tribunal, Sec 7 r/w Rule 5; Jurisdiction of Courts barred. Sec 10

One appeal to an Independent body – Public Grievances Commission. Sec 7

First appeal to internal appellate authority and second appeal to Lokayukta/Upa-lokayukta whose decision is final. Decision within 30 days from appeal. Sec 11; Jurisdiction of courts barred.Sec 16

1st appeal to Controlling Officer (defined in Sec. 2(a)). Sec. 6(1).                 2nd appeal to Assam Administrative Tribunal. Sec. 6(4); Jurisdiction of courts barred. Sec. 10

One appeal to State Govt. or to appellate body as notified under rules. Sec. 7

Two internal appeals. First appeal to Controlling Officer. Second appeal to the Government. Both appeals to be made within 30 days from date of rejection (can be extended). Both to be disposed of within 30 days. Bar on legal proceedings in courts. Sec. 9 & 14

One internal appeal to be prescribed,  2nd appeal also to Govt,  Sec 12; Jurisdiction of Courts barred. Sec 15

Independent forum for appeal essential. Also coupling appeal and penalties together makes process more transparent and efficient.

PENALTIES

NO PROVISION

Personal liability, penalties by disciplinary authorities and discretionary imposition of Rs. 100/- per day fine for delay.   Sec 8

Disciplinary action and penalties to be imposed as prescribed under the service rules. Sec 10

For delay without reasonable cause or supplying wrong info. up to Rs. 2000/- fine + disciplinary action. Sec 9

Disciplinary action under service rules and fine of Rs.50 per day for delay beyond 30 days for providing information but not exceeding Rs.500(Personal Liability). For false information fine of Rs.1000 per application. Sec 9 r/w Rule 6

Appellate authority can impose fine of Rs. 250 per day for delay and up to Rs. 2000 on public info. officer for knowingly giving incorrect/misleading info/wrong/incomplete info. Apart from this PIO subject to disciplinary proceedings also. Sec 12

For failure to supply information within specified period or furnishing of false information, disciplinary action under relevant service rules. Sec. 9

For failure to supply information within 30 days from the date of receipt of the order of the appellate authority, penalty up to Rs. 2000/- can be levied by the appellate authority on concerned head of public body or on the designated officer. Sec. 8

For failure to supply information within specified period or knowingly furnishing of false information, disciplinary action under relevant service rules. Sec. 12

NO PROVISION

Penalties for wrongful delay, wrong information or unjustified refusal.

PUBLICITY OF THE ACT

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

Mandatory to publicize the Act widely.

TRAINING & ORIENTATION OF GOVT. PERSONNEL

NO PROVISION

No mandatory provision. Advisory role of the Council. Sec 11

NO PROVISION

NO PROVISION

No mandatory provision. Advisory role of the Council. Sec 10

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

Mandatory provisions for training and sensitization of officials.

REGULATORY BODY

NO PROVISION

State Council. Sec 11

NO PROVISION

NO PROVISION

State Council. Sec 10

State Council-not regulatory body, but empowered to monitor and review the working of the Act every six months. Additionally, a Records Commission is there which will advise the Govt. on release of old records to the public. Sec 13

NO PROVISION

NO PROVISION

NO PROVISION

NO PROVISION

Regulatory body for overseeing effective implementation of the law.

© Commonwealth Human Rights Initiative, New Delhi, 2004(devised by Mrinal Ojha & updated by Venkatesh Nayak)

 
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