I

NO.JK-33 REGD.

EXTRAORDINARY

TH[ GAZITTE GOVERNMENT & JAMMU KASHMIR

Vol.12l]Jammu,Fri.'the20thMarch,2009l29thPhal.,l930.[No.5l-5

paging givento this partin orderthat it maybefiled asa is Separate comPilation. separate PART III Ldws, Regulations and Rules Passed thereunder. GOVERNMENT OF JAMMU AND KASHMIR CNIL SECRETARIAT-LAW DEPARTMENT the Jammu, 20th March,2009' by The following Act as passed the Jammuand KashmirState on of assent the Governor 20th March,2009 the received Legislature :for and is herebypublished generalinformation THE JAMMU AND KASHMIR RIGHT TO INFORMATION ACT' 2009. (Act No. VIII of 2009) [20th March,2009.] of out An Act to providefor setting theregime right to information to access informationunderthe for the peopleof the Stateto secure

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TheJ&K Govt.Gazette, March 20th ,200g/2gthphal., 1930., [No.5l_5

controlof pubricauthorities, order to promote in transparency and accountabirity theworking every in of pubric autholity, constitution the of a stateInformation Commission and-for matters connected therewith or incidental thereto. whereas, the constitution India has estabrished of democratic Republic and ; Whereas,democracyrequiresan infornred citizenry and transparency information of whicharevital to its functioning atso and to contain corruption to holdGovernment its instrum.entalities and and accountable the governed and to ; whereas'reveration information actuar of in practice rikeryto is conflictwith otherpubricinterests incruding efficient operations the of Government, optimum use of limited fiscal resources and the preservation confidentiality sensitive of of information; and whereas, is necessary harmonize it to these conflictinginterests while preserving paramountcy the democratic the of ideal; and , whereas, it is expedientto provide for furnishing certain information citizens to who desire haveit. to Be it enacted the Jammu by and KashmirStateLegisrature the in SixtiethYearof the Republic Indiaas follows of CHAPTERI Preliminary l. Short title, extentand commencement.4l) This Act may be calledthe Jammu and KashmirRightto Information Act. 2009. (2) It extendsto the whole of the State. (3) It shall come into forceat once,

2009129rh Phal.,1930' March, 2Oth No. 5l-51TheJ&K Govt.Gazette,

2. Definitions-ln this Act, unless the context otherwise requires,- , and KashmirRightto Information (a) "Act" means Jammu the Act, 2009 ;
(b) "competentauthority" me615(i) the Speaker the caseof the LegislativeAssemblyof the in State and the Chairman in the case of the Legislative Council of the State :

of (ii) theChiefJustice theHighCourtin thecase theHigh of Court ; established in (iii) the Governor the caseof otherauthorities Indiaor the of the by or constituted or under Constitution and Kashmir; of Constitution Jammu of (c) "Government"means the Government Jammu and Kashnfir; any materialin .anyform including means (d) "informationl' press advices, opinions' e-mails, memos, documents, records, reports, releases,circulars, orders, logbooks,contracts, heldin anyelectronic data models, material papers, samples, bodywhichcan anyprivate to relating form andinformation underany other law for by be accessed a publicauthority in force; the time being prescribed rulesmadeunderthe Act by means (e) "prescribed" as authority, the case or by the Government the competent may be ; or any means authority bodyor institution (f) "public authority" or established constitutedof self-government of (i) by or underthe Constitution Indiaor the Constitution and Kashmir; of Jammu

20th TheJ&K Govt.Gazette, March, 2009129ft Phal.,1930. [No.5l-5

(ii) by any other law madeby Parliament ; (iii) by any other law madeby the StateLegislatuie ; (iv) by notificationissued ordermadeby the Government, or and includes any(A) bodyowned, controlled substantially or fi-nanced ; (B) non-Government organization substantially financed, directly or indirectly by funds provided by the Government ; (g) "Public Information Officer" means Public Information the (l) un.der sub-section and includesa Officer designated AssistantPublic Information Officer designated such as (2) undersub-section of section ; 5 (h) "record" includes(i) any document, manuscript file ; and (ii) any microfilm, microficheand facsimile copy of a document ; (iii) any reproduction imageor imagesembodied such of in microfilm (whetherenlarged not) ; and or (iv) any other materialproduced a computer any other by or device; (i) "right to information"meansthe right to information accessible under Act whichis heldby or under control the the and includes right tothe of any publicauthority (i) inspection work, documents, of records; (ii) taking notes,extracts certifiedcopiesof or or records; documents i

N o . 5 l - 5 1 ' f h e & K G o v t . a z e t t e , 2 OMh r c h , 2 0 0 9 l 2 9p h a l . ,1 9 3 0 . 5 J G ta t (iii) taking certified samplesof material ; (iv) obt4ining information in the form of diskettes,floppies, ' tapes,video cassettes in any other electronicmode or or through printouts where such information is stored in a computer or in any.other device ; means StateInformation the fi) "StatelnformationCommission" Commissionconstituted ( undersub'-section| ) of sectionl2 ; (k) "State Chief Information Commissioner" and "State InformationCommissioner" means StateChief Information the Commissioner and the State Information Commissioner (3) appointedunder sub-section of section l2 ; (l) "third party" meansa personother than the citizen making a requestfor informationand includesa public authority. CHAPTER II Right to Information and Obligations of Fublic Authorities 3. Right to information -Subject to the provisions of,the Act, every personresiding in the Stateshall have the right to information. 4. shallObligations of public authorities.-(l ) Every public authority

(a) maintain all its recordsduly cataloguedand indexed in a mannerand the form which facilitatesthe right to information under the Act and ensurethat all recordsthat are appropriate are,within a reasonable to be computerized time and subject to availability of resources,computerizedand connected through a network all over the Stateon different systemsso that accessto such records is facilitated ; (b) publish within one hundred and twenty days f'om the commencement the Act.of

(i) theparticulars itsorganization, of functions duties and ;

1930' [No' 5l-5 2009l29thPhal., 20thMarch, TheJ&K Govt.Gazette, (ii) the powers and duties of its officers and employees: followed in the decisionmaking process, (iii) the procedure and of ; includingchannels supervision accountability (iv) the norms set by it for the dischargeof its functions ; and records, manuals instructions. (v) the rules,regulations, its employees held by it or under its control or usedby for dischargingits functions; that are held of (vi) a statement the categories documents of by it or under its control ; (vii) the particutars of any arrangementthat exists for of by, with, or representation the members consultation of its policy or to the public in relation the formulation thereof ; implementation (viii) a statementof the boards,councils, committeesand ' other bodies consisting of t\lo or more persons as constituted its part or for the purpose of its advice, and as to whether meetingsof those boards,councils, and other bodies are open to the public, or committees for are the minutesof such meetings accessible public ; (ix) a directory of its officers and employees; (x) the monthly remunerationreceived by each of its officers and employees, including the system of as compensation provided in its regulations; (xi) the budget allocated to each of its agency,indicating and the particularsof all plans,proposedexpenditures made ; reports on disbursements (xii) the manner of execution of subsidy programmes, including the amountsallocatedand the details of of ; beneficiaries such Programmes

, th th N o . 5 l - 5 l T h eJ & K G o v t .G a z e t t e , 2 0M a r c h , 2 0 0 9 / 2 9Ph a l . 1 9 3 0 . 7 (xiii) particulars of recipients of concessions'permits or grantedbY it ; authorizations to available or held of (xiv) detailsin respect the inforrnation, electronicform ; by it, reducedin an (xv) the particulars of facilities available to citizens for the including workinghoursof a information. obtaining if maintainedfor public use ; library or readingroom' and other particulars of the (xvi) the names, designations Officers ; Public Information (xvii) such other information as may be prescribed ; and thereafterupdatethese publicationsevery year ; factswhile formulatingimportantpolicies (c) publishall relevant or announcingthe decisionsrvhich affect public ; (d) provide reasons for its administrative or quasi-judicial decisionsto affected Persons. of (2) It shall be a constantendeavour every publicrauthorityto of with the requirements clause (b) of subtake steps in accordance section(f ; to provide as much informationsuo motu to the public at including regular intervalsthrough variousmeansof communications, resori to the use of the Act iniernet,so that the public have minimum to obtain information. (3)Forthepurposesofsub-section(l),everyinformationsha|| be diiseminatedwidely and in such form and mannerwhich is easily to accessible the Public. taking into consideration (4) All materialsshall be disseminated the cost effectiveness, local languageand the most effective method in of communication that local areaandthe informationshouldbe easily accessible,to the extent possible in electronic format with the Public Information Officer available free or at such cost of the medium or the print cost price as may be prescribed.

TheJ&K Govt.Gazette, 20thMarch, 2009129th Phal., 1930. [No.5l-5 Explanatior .'-For the purposes of sub-sections (3) and (4), "disseminated"meansmaking known or communicated the information to the public through notice boards, public announcements, nelyspapers, mediabroadcasts, the internet any othermeans, or includinginspection of offices of any public authority. 5. Designation of Public Information Officers.l\ Every public authority shall, within one hundreddays of the commencement of the Act, designateas many officers as the Public Information Officers in all administrativeunits or offices under it as may be necessaryto provide inform ion to persons requesting for the information under the Act. (2) Without prejudice the pro';.ions of sub-section every to (l), publicauthorityshall designate offie... rrilhin oll!.lrundred an daysof the commencement the Act, at eachsub-divisional of level or other subdistrict level as an AssistantPublic InformationOfficer to receivethe applications informationor appeals for underthe Act for forwardingthe same forthwith to the Public Information Officer or senior officer ( specified undersub-sectionI ) of sectionl6 or the StateInformation Commission, the casemay be : as Provided that where an applicationfor information or appeal is given to a AssistantPublic InformationOfficer a period of five days shallbe addedin computingthe periodfor response specifiedundersubsection(l) of section7. (3) Every Public InformationOfficer shall deal with reqrrests from personsseeking information and render reasonable assistance the to personsseekingsuch information. (a) The Public InformationOfficer may seekthe assistance any of otherofficer as he or sheconsiders necessary the properdischarge it for of his or Irer duties. (5) Any officer, whose assistance has been sought under sub(4), shall renderall assistance the Public InformationOfficer Section to seekinghis or her assistance for the purposes and ofany contravention

N o . 5 l - 5 l T h e & K G o v t . a z e t t e , 2 O t h r c h , 2 0 0 9 l 2 9Ph a l . 1 9 3 0 . 9 J G Ma th , 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, who deSires obtain any informationunder the Act, shall make a request to in writing or through electronic means in English, Urdu or Hindi accompanyingsuch fee as may be prescribBd, to(a) the Public InformationOfficer of the concerned public authority; (b) the AssistantFublic Information Officer,

of sought him or her : specifying particulars the information the by Provided wheresuchrequest that cannot madein writing,the be to Publiclnformation Officershallrender reasonable all assistance the person the makingthe request orally to reduce samein writing. (2) An applicant for shall not be makingrequest information required give an! reason requesting information any other for the or to personal him. fpr details except those thatmaybenecessary contacting (3) Where application made a publicauthorlty requesting an is to for an information.-i (a) which is held by another publicauthority or ; with (b) the subject matter whichis morecloselyconnected of publicauthority, another the functions'of is shalltransfer to the publicauthority, whichsuchapplication made, to or suchpart of it as may be appropriate that other the application public authorityand inform the applicantimmediately aborit such transferr . pursuant this subto of Provided that the transfer an application but section shallbe madeas soonas practicable in no caselaterthan of five daysfrom the dateof receipt the application.

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Phal., March;2009129th 1930' [No'51'5 TheJ&K Govt.Gazette,20th

7. Disposalof request.l l) Subjectto the provisoto sub6, (3) to (2) 5 section of section or the proviso sub-section of section 6 undersection of Officeron receipt a request the PublicInformation and as shall,as expeditiously possible, in anycasewithin thirty days on provide information payment the either of of thereceipt therequest, for or be prescribed rejectthe request any of the of suchfee as rnay 8 in specified sections and 9 : reasons the for sought concerns life that wherethe information Provided hours withinforty-eight beprovided shall the of or liberty a person, same of the receiptof the request. on officer fails to givedecision the (2) If the PublicInformation (I sub-section)' under specified withintheperiod for request information to the Public InformationOfficer shall be deemed have refusedthe request. on (3j Where a decisionis takento providethe information the of payment any further fee representing cost of providingthe to an Officershallsend intimation the iniormation, PublicInformation givingmakingthe request, the person the (a) the details furtherfeesrepresenting costof providing of by as information determined him, togetherwith the the with in at to made arrive theamount accordance calculations him to (l), requesting under sub-section fee prescribed depositthatfees,andtheperiodinterveningbetweenthe of and of despatch the saidintimation payment feesshallbe the of for excluded the purpose calculating periodof thirty . ; days referredto in that sub-section to his (b) information concerning or her rightwith respect review or amountof feescharged the form the decisionas to the of the including particulars theappellate provided, of access hnd time limit, prooess any otherforms' authority, to (4) Whereaccess the recordor a part thereofis requiredto is to the Act and the person whom access to be under be providerJ

No. 5l -51The J&K Govt.Gazette, 20th March,2009129th Phal.,1930. I I provided is sensorily disabled,the Public Information Officer shall provide assistanceto enable access to the information, including providing such assistance may be appropriatefor the inspection. as (5) Where access informationis to be provided in the printed to or in any electronicformat,the applicantshall,subjectto the provisions (6), pay such fee as may be prescribed: of sub-section (l) unddrsub-section of section Provided that the fee prescribed (l) and 6 and sub-sections and (5) ofsection 7 shall be reasonable no such fee shall be charged from the personswho are of below poverty line as may be determinedby the Government. (6) Notwithstandinganything contained in sub-section(5), the person making request for the information shall be provided the informationfree of chargewherea public authorityfails to comply with (l). in the time limits specified sub-section

(l), (7) Beforetakingany decision undersub-section the Public the Officer shall take into consideration representation Information madeby a third iarty.undersectionI l. (l), (8) Wherea request beenrejected has undersub-section the the making to Officershallcommunicate theperson PublicInformation request,(a) the for reasons suchrejection;

such rejection (b) the period withinwhich an appeal against preferred; and may be (c) the particulars the appellate authority. of be in (9) An information ordinarily provided theformin which shall of divert it unless woulddisproportionately theresources the it is sought or to wouldbe detrimental the safety preservation publicauthority or of the recordin question.

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1930.[No'5l-5 Phal., 2009l2Eth March, TheJ&K Covt.Gazeite,20th

informalion'disclosure of 8. Exemption from in contained the Act, thereshallbe no anything (l) Notwithstanding to obligation give any citizen,iffectthe of disclosure whichwouldprejudicially (a) information. strategic' of India.the security, and sovereignty integrity of scientificor economicinterests the Stateor lead to of an offence; incitement ' (b) informationwhich has been expresslyforbiddento be or by published anycourtof law or tribunal the disclosure of contempt court ; may constitute of which a of the (c) information, disclosure which rvouldcause breach or ; of privilegeof Parliament the StateLegislature tradesecrets confidence, commercial including (d) information of disclosure whichwouldharm the property, or intellectual the unless competent position a thirdparty, of thecompetitive the warrants publicinterest thatlarger is authority satisfied of ; disclosure suchinformation relationship, in to available a person hisfidubiary (e) information that the larger authorityis satisfied unlessthe cortrpetent of ; the,disclosure suchinformation warrants publicinterest the of the (f) information, disclosure whichwouldendanger life of person identifythe source or or physicalsafetyof any for law given in confidence informationor assistance or security ; enforcement Purposes of the whichwouldimpede process investigation (g) information of ; or or apprehension prosecution offenders of papersincludingrecordsof deliberatiops the (h) cab,inet and other officers : Council of Ministers,Secretaries of that the decisions Councilof Ministers,the Provided and the materialon the basisof which the thereof, reasons

, th , J G th N o . 5 l - 5 1 T h e & K G o v t . a z e t t e , 2 0M a r c h2 0 0 9 1 2 9 P h a l . 1 9 3 0 . l 3 decisionswere taken shall be madepublic after the decision has been taken, and the matter is complete.or over : Provided further that those matters which come under the specifiedin this sectionshall not be disclosed ; exemptions (i) information which relates to personal information the of to disclo.sure which hasno relationship any publicactivity or interest,or which wbuld causeunwarrantedinvasion of the the privacyof the individual'unless Public Information Officer or the appellateauthority, as the case may be, is justifies the disclosure satisfiedthat the largerpublic interest of such information : which cannotbe deniedto the Provided that the information slrall not be deniedto anv or Parliament the StateLesislature person. (2) Notwithstandinganything in the State Official SecretsAct, with permissiblein accordance Samvat 1977or any of the exemptions to (l), a public authoritymay allow access information,if sub-section public interest in disclosure outweighs the harm to the protected i interests. (3) Subject to the provisionsof clauses(a), (c) and (h) of subeventor matter section(l), any informationrelatingto any occurrence, twenty years before the which has taken place,occurredor happened date on which any requestis made under section6 shall be provided underthat section: to any personmaking a request Providedthat where any questionarisesas to the date from which the the said period of twenty yearshasto be computed, decisionof the shall be final, subjectto the usualappealsprovidedfor in Government the Act. 9. Grounds for iejection to occess in certain cases.-Without prejudiceto the provisionsof section8, a Public Information Officer may reject a requestfor information where such a requestfoi providing would involve an infringementof copyright subsistingin a person access other than the State.

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1930' [No.5l-5 Phal', 2009129th March, TheJ&K Govt.Gazette,20th

to for I 0. severability.-( I ) where a request access information on the ground that it is in relation to informationwhich is is rejected . exemptfrom disclosure, in anythingcontained fhe then,notwithstanding which does not access WF, 'contain may be provided to that part of the record underthe Act any informationrvhichis exemptfrom disclosure from any part that contains and which can reasonablybe severed exempt information (2) Where accessis grantedto a part of the record under subOfficer shall give a notice to the section(l), the Public Information applicant, informingofthe after severance (a) that only part ofthe recordrequested. record containing information which is exempt fiom disclosure,is being Provided: includingany findingson any for (b) the reasons the decision, materialquestionof fact, referringto the materialon which those findings were based; giving the decision; of (c). the nameand designation thEPerson (d) the details of the fees calculatedby him or her and the amountof fee which the applicantis requiredto deposit; and (e) his or her rights with respectto review of the decision of regarding non-disclosure part of the information, the amount of fee charged or the form of access provided, of includingthe particulars the seniorofficer specifiedunder ( I ) of section l6 or the State lnformation sub-section and any as Commission, the casemay be' time limit, process other form of access. I l. Third party informution-(l) where a Public Information Officer intendsto discloseany informationor record, or part thereof on a requestmade underthe Act, which relatesto or has beensupplied by a third party and has beentreatedas confidential by that third party, the Public InformationOfficer shall, within five days from the receipt of the request,give a written notice to such third party of the request

, th G ta N o . 5 l - 5 l T h eJ & K G o v t . a z e t t e , 2 OMh r c h , 2 0 0 9 l 2 9Ph a l . 1 9 3 0 . l 5 Officer intendsto disclose and of the fact that the Public Information the informationor record,or part thereof,and invite the third party to make a submission in writing or orally, regarding whether the of and shouldbe disclosed, suchsubmission the third party information be kept in view while taking a decisionabout disclosureof shall information: Providedthat except in the case of trade or commercialsecrets protectedby law, disclosuremay be allowed if the public interest in any possibleharm or injury to the disclosureoutweighsin importance interestsof such third party. (2) Where a notice is servedby the Public InformationOfficer or (l) of undersub-section to a third party in respect any information third party shall, within ten days from the record or part thereof, the date of receipt of such notice, be given the opportunity to make againstthe proposeddisclosure. representation in (3) Notwithstanding anythingcontained section7, the Public Officer shall, within forty daysafter receiptof the request Information undersection6, if the third party hasbeengiven an opportunityto make (2), make a decisionas to whetheror under sub-section representation not to disclosethe information or record or part thereof and give in writing the notice of his decisionto the third party. (3) (4) A notice given undersub-section shall includea statement that the third party to whom the notice is given is entitled to prefer an the decision. appealunder section l6 against CHAPTER III The State Information Commission The 12. Constitution of State Information Commission-(l) constitute Gazette, shall,by notificationin the Government Government and Kashmir State Information a body to be known as the Jammu Commission to exercise the powers conferred on, and to perform the functions assisnedto. it under the Act.

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2009129th TheJ&K Govt.Gazette, 20thMarch, Phal.,1930. [No.5 l -5 (2) The State Information Commissionshall consist of(a) the State'ChiefInformation Commissioner and' ; (b) two State Information Commissioners.

(3) The State Chief Information Commissionerand the State shall be appointedby the Governoron the InformationCommissioners recommendation a committeeconsistingofof (a) the Chief Minister, who shall be the Chairperson the of committee ; (b) the Leader of Oppositionin the LegislativeAssembly ; and (c) a CabinetMinister to be norrrir'rrte(l the Chief Minister. h\ Explanation.'-For the purposesof remoral ot doubts, it is hereby declaredthat where the Leader of Opposition in the as LegislativeAssemblyhasnot beenrecognized such, group in oppositionof the Leaderof the single largest in Assemblyshall be the Government the Legislative deemedto be the Leader of Opposition. (a) The generalsuperintendence, directionand management the of shall vest in the StateChief affairsof the StateInformationCommission Information Commissioner who shall be assisted by the State and may exerciseall such powers and do InformationCommissioners alt such acts and things which may be exercisedor done by the State lnformation Commission autonomouslywithout being subjected to directions by any other authority under the Act. (5) The State Chief Information Commissionerand the State shall be persons eminencein public life of InformationCommissioners in with wide knowledgeand experience law, scienceand technology, journalism. massmedia or administration social service,management, and governance. (6) The State Chief Information Commissioner or a State Information Commissionershall not be a Member of Parliamentor

p N o . 5 l - 5 1 T h e & K G o v t . a z e t t e , 2 0M a r c hZ 0 A 9 n 9 t h h a l . .1 9 3 0 . l 7 J G th ,

Memberof the Legislature any Stateor Unionterritory,as the case of maybe,or holdanyotheroffice of profit or connected anypolitical with partyor carryingon any business pursuing or any profession. (7) The headquarters the StateInformation of Commission shall be at suchplace in the Stateas the Government may, by notification in the Government Gazette, specify. 13. Term of ffice and conditionsof semice.--{ The State l) Chief InformationCommissioner shall hold office for a term of five yearsfrom the dateon which he entersuponhis olfice and shall not be eligible. reappointment for : Provided theState that ChiefInformation Commissioner not shall hold office as suchafter he has attainedthe age of sixty-five years. (2) EveryStateInformation Commissioner shall hold office for a term of five yearsfrom the dateon which he entersupon:hisoffice or till he attainsthe ageof sixty-fiveyears,whicheveris earlier,and shall not be eligible for reappointment such State Information as Commissioner : Providedthat every StateInformationCommissioner shall, on vacating office under his this sub-section, eligiblefor appointment be as the StateChief Information Commissioner the mannerspecified in (3) in sub-sec{ion of section12 : Provided furtherthat wherethe Statetnformation Commissioner is appointed the StateChief Information as Commissioner, term of his office shall not be more than five years in aggregate the State as Information Commissionerand the State Chief Information Commissioner. (3) The State Chief InformationCommissioner a State or Information Commissioner shallbeforehe enters uponhis office make and subscribe beforethe Governor someotherpersonappointed or by him in that behalf,an oathor affirmation according the form setout to for the purposein the Schedule.

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1930. [No.5l-5 2009l29thPhal., 20th TheJ&K Govt.Gazette, March,

or (4) The State Chief InformationCommissioner a State writingunder hand his may, Commissioner at anytime,by Information to addressed the Governor,resignfrom his office : or Commissioner a State ChiefInformation that Frovided the State may be removedin the mannerspeoified InformationCommissioner undersection14. payable and othertermsand to (5) The salaries allowances and of conditions serviceofshallbethe same (a) the State Commissioner ChiefInformation Commissioner as that of an Election ; as shall Commissioner be thesame that (b) the StateInformation : to of the Chief Secretarv the StateGovernment or Commissioner a that if the StateChief Information Provided is, at Commissioner, the time of his appointment in Information State pension, respect in or otherthana disability wound of receipt a pension, of underthe Government Indiaor underthe service of any previous of of Government the State,his salaryin respect the service as the Commissioneror a State Information State Chief Information of by shallbereduced theamount thatpension Commissioner drpluding and pensionequivalent any portion of pensionwhich was commuted of equivalent excludingpension benefits of other forms of retirement gratuity: retirement Provided further that where the State Chief lnformation is, Commissioner at the time of or Commissioner a StateInformation benefitsin respect'ofany in receipt of retirement his appointment, by established or underany in previous rendered a Corporation service ownedor controlled company Act or a Government Act Central or State his or by the Central Government the StateGovernment, salary in or Commissioner Information of respect the serviceas the StateChief of by shall Information Commissioner be reduced the amount theState : benefits pension to equivalent the retirement

1930. l9 Pha|., 2009129th 20thMarch, No' 5 |.5] TheJ&K Govt.Gazette,

of and allowances otherconditions . alsothatthe salaries, Provided and serviceof the StateChief InformationCommissioner the State shall not be variedto their disadvantage lnformationCommissioners aftertheir aPPointment. shall providethe StateChief Information (6) The Government with such and Cornmissioner the State tnformationCommissioners the efficient officers and employeesas may be necessaryfor of performance their functionsunderthe Act, and the salariesand of to payable and the termsand conditions serviceof the ullo*"n.", of for appointed the purpose the Act shall officersandotheremployees be suchas may be Prescribed. 14. Removalof state chief Information commissioneror state of subInformation commissioner.-l\ Subjectto the provisions a state section(3), the state chief Informationcommissioneror from his office only by shall be removed commissioner Information orderof,theGovernoronthegroundofprovedmisbehaviouror madeto it by the incapacityafter the High Court' on a reference that the state chief lnformation oovlrnor, has on inquiry, reported CommissioneroraStatelnformationCommissioner,asthecasemay be, oughton suchgroundbe removed from office,andif deemnecessary maysuspend (2) TheGovernor Chief the prohibitalsofrom attending officeduringinquiry,the State in or informationCommissioner a StateInformationCommissioner under has of respect whom a'reference beenmadeto the High Court passed orderson receiptofthe has (l) sub-section until the Governor Court on suchreference' reportof the High (3)Notwithstandinganythingcontainedinsub-section(l),the chief Information from officethe State mayby orderremove Governor if commissioner a statechief or commissioner a StateInformation as commissioner, the Information or commissioner a State Information casemay be,an (a) is adjudged insolvent;or

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TheJ&K Govt.Cazette,20th March, 2009129th Phal., 1930. [No.5l-5

(b) hasbeenconvicted an offence of which,irrthe opinionof the Governor, involves moralturpitude or ; (c) engages duringhis term of office in any paid employment outside dutiesof his office ; or the (d) is, in theopinion theGovernor, of unfit to continue office in by reason infirmityof mind or body ; or of (e) hasacquired suchfinancial otherinterest is likely to or as affectprejudicially functions theState his as ChiefInformation Commissioner a StateInformation or Commissioner. (4) If the State Chief InformationCommissioner a State or Information Commissioner in anyway,concerned interested any is or in contractor agreement madeby or on behalf of the Government or participates any way in the profit thereof or in any benefit or in emoluments arising therefromotherwisethan as a memberand in with the othermembers an incorporated common of company, shall, he (l), be deemedto be guilty of for the purposes sub-section of misbehaviour. CHAPTERIV Powers and Functions of the Information Commission,Appeal and Penalties 15. Powers and functions of Information Commission.-(l ) Subject the provisions the Act, it shallbe the duty of the State to of Information Commission receive to and inquireinto a complaintfrom any person,(a) who has been unableto submit a requdstto the Public Information Officereitherby reason no suchofficer has that beendesignated underthe Act, or because Assistant the Public Information Officer hasrefused accepthis or her to applicationfor informationor appeal under the Act for forwardingthe sameto the Public InformationOfficer or seniorofficer specified sub-section of sectionl6 or (l) in the StateInformationCommission, the casemay be ; as

No.5l-51rhe J&K Govt. phal., Gazette,20th March, 2}oglzgth t930. zl (b) who hasbeenrefused access any information to requested inder the Act : . (c) who has not been given a responseto a request for ' informationor access informationwithin the time limit to specified underthe Act ; ' (il) who has beenrequiredto pay an amountof fee which he or sheconsiders unreasonable ; (e) who believesthat he or she has been given incomprete, misleading falseinformation or underthe Act ; and (0 in respectof any other matter relating to requestingor obtainingaccess recordsunderthe Act. to (2) where the State Informationcommission is satisfiedthat thereare reasonable grounds inquireinto the matter,it:rtrayinitiate to an inquiry in respectthereof. (3) TheState Information commission shall, while inquiring into any matterunderthis section,havethe sarne powersas are vestedin a civil court while trying a suit underthe code of'civil prbcedure, Samvat1977,in respect the following matters, of namety:_ (a) summoningand enforcing the attendance persons of and compelthemto give oral or writtenevidence oathandto on producethe documents things ; or (b) requiringthe discovery and inspection documents of ; (c) receivingevidence affidavit ; on (d) requisitioning public recordor copiesthereoffrom any any court or office ; (e) issuing summons for examinationof witnessesor documents and ; (f) any other matterwhich may be prescribed.

TheJ&KGovt.Gazette,20thMarch,2009/29thPhal"l930'[No.sl'5 (4)Notwithstandinganythingincols,istentcontainedinanyother may, the Act oi the StateLegislature, StatelnformationCommission any Act' examine record underthe auringthe inquiryoi unycomplaint applies *-hi"h is underthe control of the public to which the Act authority,andnosuchrecordmaybewithhe|dfromitonanygrounds. a who, doesnot receive decision 16. Appeal.-\l) Any person (a),ofsub-section (l) in withinthetime specified sub-section or clause of the Publiclnformation by 7, section or is aggrieved a decision t: j "f may within thirty daysfrom the expiryof suchperiodor from bffir.r, officer who is to the receiptof suctra decisionpreferan appeal such. in each public senior in rank to the Public Informationofficer, authority: that suchofficer may admitthe appealafterthe expiry Provided that the appellant of the periodof thirty daysif he or,sheis satisfied in time' *u, prrnrntedby suificiint causefrom filing the appeal an against ordermadeby a Public is . (z)Wherean appeal prefefled third partyinformation' I I to disclose section officer under lnforrnatiorr withinthirtydays bemade third by theappeal theconcerned partyshall from the date of the order. (3) Whereany Officer, at the time of decidihgan appealunder Officer has, ,ub-r..iion ( t ) is oithe opinionthatthepublicInformation cause,refusedto receivean applicationfor without any reasonable within the time specified information or information hasnot furnished given or for the denied request information hasknowingly orlmalafidely information or information destroyed or incomplete misieading incorrect, in obstructed any mannerin or which was the iubject of the request to heot th. shallmakea reference thateffect fuJrfring,he infoination Commission' to the StateInformation (l) (4) A secondappealagainstthe decisionunder sub-section should decision shalliie within ninetydaysfrom the dateon whichthe with the StateInf6rmation havebeenmadeor was actuallyreceived, : Commission may admit the Commission Providedthat the StateInformation that is satisfied afterthe expiryof the periodof ninetydaysif it appeal

phal..t930. 23 No.5l-51The J&K Govt.Gazette,20th March,20}9t29th

the appellant wasprevented sufficientcause by from filing the appeal in time. publicInformation (5) If the decision the State of officer against which an appealis preferred relates information a third party,the to of Information commission shallgivea,reasonable opportunity being of heardto that third party. (6) In any appealproceedings, onusto provethat a denialof the a request justifiedshallbe on the PublicInformation was officer who deniedthe request. (7) An appealundersub-section or sub-section shall be (l) (2) disposed within thirty daysof thereceipt theappeal within such of of or extended periodnot exceeding total of forty-fivedaysfrom the date a of filing thereof, as the casemay be, for reasons be recordedin to writing. (S) The decisionof the StateInformationCommission shall be binding. (9) In its decision,the StateInformationCommission has the power tG-' (a) require the public authorityto take any such stepsas may be necessary secure to compliance with the provisions the of Act, including(i) by providingaccess information, so requested, a to if in particularform ; a Officer ; 0i) bV appointing PublicInformation (iii) by publishing certain information or categories of information I (iv) by makingnecessary changes its practices in relation to to the maintenance, management and destructionof records:

24

TheJ&K Govt.Gazette, March, 20th 2009129th Phal.,1930. [No.5l -5

(v) by enhancing provisionof training on the right to the informationfor its officials ; (vi) by providingit with an annualreportin compliance with (b) (l) clause of sub-section of section ; 4 (b) require publicauthority compensate complainant the to the for any loss or other detrimentsuffered; . (c) imposeany of the penalties providedunderthe Act ; (d) rejectthe application. (10) The StateInformation Commission shall give noticeof its decision, including rightof appeal, thecomplainant thepublic to any and authority. (ll) The State.lnformation Commission shallwithin sixty days from the receiptof appealdecidethe appealin accordance with such procedure may be prescribed as : Providedthat the StateInformation Commission may decidean period,not exceeding appealwithin suchextended one hundredand twenty days from the date of filing thereof, as the casemay bo, for reasons be recordedin writing:rtadt to 17 Penalties.4l ) Wherethe StateInfrirmation . Commission at thetimeof deciding complaint, any appeal reference of theopinion or is that the PublicInformation Officer has,without any reasonable cause, refused receivean application information hasnot furnished to for or (l) information within the time specified under sub-section of section 7 or malafidelydeniedthe request information knowinglygiven for or incorrect, incomplete misleading or information destroyed or information which was the subjectof the request obstructed pny mannerin or in furnishing information, shallimpose penalty two hundred the it a of and fifty rupeeseach day till applicationis receivedor informationis furnished, however, totalamount suchpenalty so the of shallnotexceed twenty-five thousandrupees: Providedthat the Public InformationOfficer shall be given a reasonable opportunityof beingheardbeforeany penaltyis imposed on him :

No.5l -51-The. Go-vt. J&K Cwerte, Oth 2 Marsh,,ZeAg/ pha:h,. 0. Zs Zgth 193 Provide-dfqrther that, the burden of proving .thst he acted reasonably diligentlyshallbe on the publicInforrnaEionrofficer. and (2) Where the State" In,forrnation, the. Co,ryplqgion1;at time of decidingany qomplaiqtgppeal,or refgrence is;qf,thenopinipn the that . Public Informationofficer has, without any reasonable causeand persistently, failed to receive application information hasnot an for or furnished in{q,n4ation }v,ith,in the:time specified (.1) undersub-seotion of section7 or malafidelydenigdthe re_guest iofonrndtipn fgr gr"knowingly given incor_tr.jl, rr'!isleading informatio.n destroyed or inpgrplgl"e.,gf, information yl,:.1 wXl glri siUjeqtg{,t[re."rgq9ql[ obsrruitedin uny or manner furnishing inform$ign,it sla[l recommend disciplinary in tf9 fo,l actionagainst PublicInfoimation'Officer the under service the rules a p p l i c a bte h i m . lo

CHAPTER

Miscellaneous 18.' Protefiion 6f detion"bkefi : in,Ebod"fai'thi.,-No,,,s0it,, prosecutidn,orother+legal,$rbceedingrshdfl,i{iO.rigainst anf.pbisbrrff# anythingwhieh is'in gondfaith'done intended ue* ol to dci'ne ufidetthe Act or any rule madethereunder. ,.19. r-,4at.to havv,averridingeffect..,-Theprwbkins,'.sf the Acd shall .hava.eff,ect notwithstrndinganydhing insonsisG$ttherewith contained4n Officisl,Secrtts,,4rsL,$amWf lsrd,any stbcr 1477+ lhe,State girqe boing:i n,fergq.or, in,Bnyinstrument .lravia cffeot by .for,the law g . virtue of any law otherthan the Act. 20. Bar of jurisdiction of courts.-No court shall entertain any suit,application otherproceeding respect anyordermadeunder or in of the Act and no such,order shall b,g.,callqd.lnrguestioR,qthcrwise than by way of an appealunderthe Act.

26

TheJ&KGovr. Caeette.20th March,2009/29$Phall. 1930," [No. St:S

Governrnent Mty, frocntimeto tiqrs, by notificatisn'iri'theGovernmgnt Gazette,spociS : prtaining to the allegationsof Provided tS* Se hfurmior corruptionmd em6 ligk violgions drall not bepxc.luCed undorthis sub-section : Providd further that in the caseof lnfor-nation sought for is in respest allegations v"ioletion of of of'humanrigl*s, sheinfsrmstionstrall prov.ided only bg afterthappro-v.al ofdre . uteldsrmation Comsission and,'.n otwithstandi g anyth g conta n inedfifi sectigR suchinformati 7, on in shallbe providedwithin forty-fivedaysfrom the drte of the receiptof request. (2) Every 4otificetiffi.issued.under (l) su.b-seQtion shall be laid before each Houseof t$ $tate Legisleturp. 22. Monitoring and reportrzg.{1)'The State Information Commission shall, as soo{ras practicafole after the end of eachyear, preparea report qF.lhe implernenntion gf the.Bqovisiops otthe Act during that ypar erd "foqvrd a copy,thBeof the Governmgnt. to (2) Each De$sneirt shrll, in r*h*ft*lto"ths pxblic autlioririgs within theirjurisdiction,colhct andp,pv*d6swhinfqmnlhm to lhe.State Info rmation Commissionas ic,rcquird.to.gmnrc,,t[p r,oppgt,,mkr, hrs, t sectionandcomply with the require.ments fumishingof cqtcerning,tlrc that infor-rnation *sepiagpf rpsordsfontlrc prrporegof.*tE,socgofl . and (3) Eachreportshell statcio respopt theyearto whicht[c reporr of relates,(a) the nu,mber reqgsts madeto each publh.authori,ty;. of (b) the nurnberof docisionswheroapplicentswre not entirled to accessto thc doouments p.ursu*ttt,,Eo'the requestt,the provisionsofitre Act underwhich ttrcsedseisioris-wera made and the number.of tirnes such provisions were invoked ;

Phal., 1930. 27 20th 2009129th J&K Oovt.i6gette. March, No.5l-5lThc' :, . (c) the riurtrtrorof appoals.referredto the- State Information the of for Commission review. Rature the appeats andthe ordcomof the appeals; (d) pafticularsof any disciplinarysction taken against any of officer in respcct of the administration the Act ; (e) the amount of charges collectedby eachpublic authority trnderthe Act (0 any facts which indioatean effort by the publ'icauthorities 'to administerand itnplementthe spirit and intention the of Act ; in (g) recommrlddlons reform,irlcluding for recommendations for the respoct of the particular public authorities,, development, improvetnent,modernization, reform or or to amendment the Act or other legislatitin commonlaw the or any other mattetrelevantfor oporationalising right to information. accass
n

!" '

afterthe end of (4) The Govertinbnt'lnay, soonas practicable as each year, cause a copy of the report of the State lnformation (l referrsdto in sub-section ) to be laid beforeeachHouse Commission,

Legislalure. of tlreSur,te
that the (5) r1f'llsppetis"to the Strte InformationCommission of prmtioeof a ptrbfictirtthdfity ir relarionto the exercise its functions whtr theprovisiotrs spirit of the Act, or tnlderthe Act doesllot'conform specifyingthe steps it may give to the authoritya recommendation which ougtlt in its opinionto be takenforpromotingsuchconformity. to 23. Goverhfient prepareprcgrammes.<l ) The Government may, to,the extsnt of availabilityof financialand other resources,the prograrnmes advance to (a) develop organize educational and the understanding,of public,in particular of disadvantaged to corfimunitles,qs how to exercisethe rightscontemplated r ,. . under the Act ;

28

ThbJ&K Govt,Gazette, 20thMarch,20f'929rhPhal.,1930. [No. 5 l-5

public'authorities participate thedbvelopment (b) encouiage ts in (a) and organizatiori of,piogrammes re-feired in clause and to suchprogiarnmes to undertake themsri'lves'; 'limely.4nd (c) promolp effectivedissemination accurate of information publicauthorities by about theiractivities and ;
I t

(d) train PublicInformation Officersof .public authorities and producerelevant trainingmaterials use by the public for authorities.$rernselv.es. ., ;. j , .': (2) The Govgrnment shall, within eighteen monthsfrom the in of of commencementtheAct, compile theofficiallanguage the State guidecontainingsuch information, an easily in oomprohensible form a as'mayreasonably required a personwho wishes be by and manner, in the Act. , sp'ecified' to exerci,se'any'right . (3) The Gbverntnent update and publishthe shall,if.necessary, (2)'atregular whichshall, intervals guidelines referred in sub-section to (2), to the of and in particular withoutprejudice ' ' : ' : generality sub-section :"i " include. i,:
,: ,, .,.1 :.;i

(a) the objectsof'the Act ;

'

(b) thepostal street and address, phone fax number the and and, mail Information if available. electroriic address thePdblic of 'every pubiii authoriw appointed under sub-sbbtion Officei'of 'i
., )
'':

( l' )/ o-f -- e:," t:i:' n5 ' s c i o .-.. r'r .;:,

.j:

(c) the manner frir access to and the form in which request . al'information . to Officer ; shallbemade a Publip .l,nformation
.,i 1,,.,.

(d) the assistance available from and the duties of the Public Infornation Officer,of a puhlio authgrity qnder the Act ;
I r. , ,r,.-.;., :: :( , ..;,.,. , i 1i

(e) the.i as$i.slnnee..,avq.ilable ,lhp State lnformation ffpry . ,:'i i Commission;

No.5l-51 TheJ&K Govt; Gazette; March, 20th 2009t2.9th Phal., 1930. 29 (f) all remedfus'in available law regarding act or failureto an act in respect a right or duty conferred imposed the of or by includingthe mannerof filing an appeal to thg .Act Commission : (g) the piovisions providing'for the voluntary d,isclosure of ' categories .records accordance of in with section4 ; '(h) the noticesregarding f*u fo bp paid,in relationto requests , .. for access an inforcnation to j , ;3nd , . (i) any additional regulations circularsmadeor issuedin or relation to obtaining,,access.to an inforrnation. accordance in : with the Act. (S) The Governmnt must, if necessary, updateand publishthe guidelines ree.ull intervals. at 24. Powerto makerulesby Government.-(l) The Government may,by notificationin theGovernmqnl Gazelte, makerulesto carryout the provisions the Act. of ..t (2) In particular, without.,prejudicethe genetality the and to of power,suchrulesmayprovideforall or any of the following foregoing namely:matters, (a) the cost of the mediumor print cost price of the materials ' to be dissetninated uldbr sub.sectiln(4) of section4 ; (b) the fee payable ( undersuhsection.l) of section ; 6 (c) the feepayable (l) pd undgr s.uQ-pec1io4s (5) of section ; 7 (d) the salaries and'allowancesipayableand the termsand to 'condiiionS of service, thE,officersand:other employees 6f (6) undersub-section of sectionI 3 ; () the procedure to',be adoptedby the State Information Comnnission decidingthe appeals ( in undersub-sectionI I ) , of section16 ; and

1930, 2009l29thiphal:, [No.5l'5 Gazstte,20thMareh, 30 " TheJ&KGovt: 'to''be' of 'ntay be, ,(f) anyLo1fusvl;tr*tterrWhich fequi'red is " :' Prescribed, suthority'!|) Subject 25. Power to make rulesby competent th;ecompetehtsuthofity may, by to the provisionsof section 24, rndkerules to Carryout the Gaze'tte, notificationin'the Govemrlrgnt I "r: of provision's the Act.' (2) In'particular;and wfthout prejudiceto the generalityof the or'anyofthe following rnay power,such"hi{es pnovide'f,or'all foregoing namelY:matters, ,(a) thb cbst of the mediumor print cost price of the materials (4) undersub'section of section4 ; to be disseminated (b) the fee '1iayabi6'tirrdEr' (| sub-srirction) of section6 :

(l) undersub'section of section7 : and (c) the fee payable ' whi8h is requiredto be, or may be, (d) any'cither:matter prescribed.

26. Lq)ing of rules.-Evdry rule made by the Government before the under Act shall be laid,as soonas maybe afterit is made, for while it is in session, a total of eachHouse the StateLegislature, or in cornprisod one session in two per,iod thirty dayswhighBay be of snd or more successive,sessions, i.f, beforpthe expiry of the session aforesaid, sessions or thesession thesuccessive following immediatety ruleor bothHouses inthe modificatioir in bothHousesagree making,ani have the that the rule shouldnot be made, rule shallthereafter agree no effect.as the casemay effectonly in suih modified'form or be of shall be modificationor annulment thatany'such be ; so, however, that previously doneunder of withoutprcjudioe,to,the:validiUanything rule. 27, Power to removedfficulties.<l) lf any diffieulty arises may,by of in giving effect to the provisions the'Act, the Government not makesuchprovisions Gazette, in orderpublished the Covernment

phal,. 1930. 3 I No. 5 t-51The J&K Govr.Cazette, 20th.{!d,arch, 200.9t29th

inconsistent with the provisions:of,iffus;,.frgt appearto it to be as necessary expedient removalof the difficulty : or for Providedthat no suchorder shall be rnadeafter the expiry of a period'of'two yearsfrom the datecif'the,commehqomtlt the,Act. of (2) Everyorder"made under thissection. shbl{,;.ab,sbon as may be after it is made.be laid beforeeachHouseof the StateLegislature. 28. Repealdnd saving.{:t ) Thc,Jammu KashmirRight,to, and Inforination Act, 2004 and the,'Jarnmu and' Kashmir Righl to Information(Arn*nCpent) A,$, 2008 are herebyrepealed, (2) Notwithstardingsuch repeal,anything, done,.or'anyaction takens'r any order madebefore,such,repeal shatt.bedesrned to-have beendme, takenor rnade, the,case,rncy,b;,under corresponding as the ,, :, r .,i , ,, ., prov,isions,of Act. "this

32

| 930. 2009l29th.Phal., [No.5 l-5 20th Oazette, March, TheJ&KGovt. SCHEDULE f See secrion 13 (3) |

TO BE MADE BY THE FORM OF OATH OR AFFIRMATION STATE COMMISSIONER/THE STATE CHIEF INFORMATION INFORMATIONCOMMISSIONER
ttlo

_having

been appointed State

Informatjon Comrnissloner Chief lnformation Comrnissioner/State Syear in ttre nameof CoO that I will beurtrue faith and allegiance affirm Solemnly that to theConstitutionofthq Sate as by'law established, I.ryill pphold India'that I will duly andfaith'fullyand and the soveroignty integfity,pf pe.rfiorm dqties the and bestof,my ability, knowledge ju.lgicntent to the, or affection ill-will andthatl will withoutfearor favour, of my office and upholdthe Constitution the laws"." (Sd.) MOHD ASHRAF, to Secretary Governrnent, Additional Law DePartment.