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COMPARATIVE
TABLE OF RIGHT TO INFORMATION LAWS IN |
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PROVISION |
T.
NADU, 1997 |
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RAJASTHAN,
2000 |
KARNATAKA,
2000 |
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MADHYA
PRADESH, 2003 |
|
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. 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 comme |
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 comme 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. |
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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. |
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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. |
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© Commonwealth Human Rights Initiative, |
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