The Assam Right to Information Act, 2001

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Registere ·i No. - 768/97 
THE ASSAM GAZl:TTE 
\5Pfl~Cf 
EXTRAORDINARY . 
m~ <t>~'Qiii ~ i1<t>1!i't\!> 
PUBLISHED BY AUT'JIORITY 
rr~357 fo/r~, ~4f<r, 7 C!l'',2002, 17 ~?f 1924 ( ~ql) 
No. 357 Dispur, Tuesday, 7th May, 2002, 17th Vaisakha, 1924 (S.E.) 
GOVERNMENT OF ASSAM 
ORDERS BY THE GOVERNOR 
LEGISLATIVE DEPARTMENT : : . LEGIS LAT ~ VE BR ANCH 
I~OTIFICATION, 
The 7th May, 2002 
... . . ' 
No. LGL.8/2001/113.--The following Act of the Assam Legislative 
Assembly which received the assent of the Governor is hereby published for 
general information . . . 
; 
3014 THE ASSAM GAZETTE. EXTRAO@INARY, MAY 7, 2002 
ASSAM ACT No. IX OF 2002 
(Received the assent of the Governor on 1st May, 2002) 
THE ASSAM RIGHT TO INFORMATION ACt;;2001 
AN 
Preamble. 
Short title, 
extent and 
commence-
ment. · 
ACT 
to provide for right to information to the citizens 
and in relation to the matters connected th1~rewith 
or incidental thereto. 
Whereas it is expedient to provide for right to 
information to the citizens so as to promote 
openness, transparency and accountability in 
administration; 
It is hereby enacted in the Fifty-second Year 
of the Republic of India as follows :-
1.(1) This Act may be called the Assam Right to 
Information Act., 2001. 
(2) It shall come into force on such date, as the 
State Government may, by notification in 
the Official Gazette, appoint. · 
Definitions . . 2. In this Act, unless the context otherwis •:! 
requires,-
( a) 'Controlling Officer' means the imro.ediate 
superior officer above the Incharge:: of the 
Office, who supervises and controls the 
works of the Incharge of the Office or such 
officer as may, from time to time, be 
specified as such by the State Government 
for the purposes of this Act ; 
(b) 'Incharge of the Office' means an officer or a 
functionary of the State Government or a 
Public Authority who is in the charge and 
actual control of the office of the State 
Government or the Public Authority, as the 
q1se m~y be, or such officer or functionary 
as may from time to time be specified as 
such by an order by the State Governmen t 
or the Public Authority, as the case may be, 
for the purposes of this Act ; 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 3015 ,,_ 
( c) 'information' means and includes 
information relating to any matter in respect 
of ih~ affairs of the adrninistration or 
decisions of the State Government or a 
Public Authority but does not include any 
such information the publication of which 
has been prohibited by any law for the time 
being in force or by any notification issued 
by thi: State Government from time to time 
under this Act; 
(d) 'prescribed' means prescribed by the rules 
made under this Act ; 
(e) 'Public Authority' means and includes the 
officer of,-
(i) all local bodies and other authori -ties 
constituted by the State Covernment under 
any law for the time being in force; or 
(ii) a Government Company or corporation 
incorporated under the Companies Act, 
1956 in which not less than fifty one per 
cent of the paid up share capital is held by 
the Stare Government, or other State 
Government undertakings , organisations or 
institutions financed either wholly or partly 
and owned or controlled bv the State 
Government or any other- company, 
corporation, undertaking or institution in 
which the State Government stands 
guarantor in respect of any loan or financial 
advance availed of by such company, 
corporation, insritution, organisation or 
undertaking ,,as the case rnay be; or 
(iii) a co-operative society or any other society, a 
trust or any other organisation or institution 
established under any law for the time being 
in force by the State Government and 
directly controlled or funded by it ; or 
(iv) any body, authority, institution, 
organisation, agency or instrumentally 
including the District Rural Development 
Agencies, funded either wholly or partly by 
the State Government ; and 
Central Act 
No, 1 of 
1956. 
3016 THE ASSAM GAZETTE , EXTRA ORD INARY, MAY 7 , 20~~ 
(v) any other body, authority institution or 
organisation receiving su bstatial financial 
assistance from the State Government as 
may be notified by the State Government 
from time to time for the purposes of this 
Act: 
Provided that the 'Public Authority' as 
defined above shall not include -
(i) the offices of the Central' yovernment, 
(ii) any establishment of the armed forces or 
central para-military forces, 
(iii) any body or corporation owned or 
controlled by the Central Government, 
(iv) the High Court of Assam and other courts of 
Law including the Tribunals and other 
organisatios which has the status of a Court 
whose proceedings are deemed to be the 
judicial proceedings, 
(v) the Secretariat of the Governor of Assam, 
(vi) the Secretariat of the Assam Legislative 
Assembly and 
(vii) any office, body or authority as may be 
notified by the State Government ; 
(f) 'right to information' means and includes the 
right of access to information relating to the 
affairs of the State Government or any 
Public Authority by means of, -
(i) obtaining certified copy of any record, or 
(ii) inspection of accessible records and taking 
notes and extracts, or 
(iii) inspection of public works, or 
(iv) taking of samples of materials from public 
works, or 
(v) obtaining diskettes, floppies or any other 
electronic mode or through print-outs where 
such information is stored in a computer or 
in any other device, or 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, . 2002 3017 
Mainten 'ance 3. 
of record. 
(vi)' in such other manner as may be prescribed, 
but does not include any such 
information the publication of which has 
been prohibited by any law for the time 
being in force or by any nutification issued 
by the State Government from timeto time 
under this Act. ; ' ·1 
(g) 'record' means and includes any document, 
manuscript, file ; diskette, floppy or other 
computerised record maintained by the State 
Government or any Public Authority, as the 
case may be, in transacting the day to day 
affairs of their business. 
(h) 'State Government' means the Government 
of Assam; 
(i) 'trade secret' means information contained in 
a formula, pattern, compilation, 
programme, device, product, method, 
technique or process which is not generally 
known and which may have economic 
value. 
Every office of the State Government or Public 
Authority shall maintain the records in such 
manner and form as may be prescribed in this 
behalf by the State Government or the Public 
Authority, as the case may be, from time to 
time. 
Right tG 
inforrr.;i.-· 
tior; 
4. ( 1) Subject to the provisions of this Act and the 
' Official Secrets Act, 1923 every·citizen shall 
have the right to obtain information from the 
Incharge of the Office and such Incharge 
shall be liable to provide the information in 
accordance with the provisions of this Act. 
(2) Notwithstanding anything · contained in 
sub-section (I), no person shall be given,-
(a) (i) information, the disclosure of which may 
prejudicially affect the sovereignty and 
integrity of India, security of the State, 
strategic, scientific or economic interest of 
India or conduct of international relations, 
(ii) information, the disclosure of which 
would prejudicially affect the conduct of 
Centre-State relations, including 
information exchanged in confidence 
between the Central and State Government 
or any of their authorities or agencies, 
Central Act 
No. XIX of 
1923 . 
3018 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 
(b) information, the disclosure of \Vhich may 
prejudicially affect public safety and order 
or which may lead to an incitement to 
conunit an offence or prejudicially affect fair 
trial or adjudication of a pending case, 
(c) information relating to Cabinet papers 
including records of the deliberations of the 
Council of Ministers, Secretaries and other 
officers, 
(d) information, the disclosure of which may 
harm, frankness and candour of internal 
discussions including inter departmental 
notes, correspondence and papers 
containing advice or opinion as also of 
projections and assumptions relating to 
internal policy analysis, 
(e) information , the disclosure of which may 
prejudice the assessment or collection of 
any tax, cess, duty or fee or assist in 
avoidance or evasion of the tax, cess, duty 
or fee, 
(f) informat ion, the disclosure of which may 
constitute a breach of privilege of the 
Parliament or the State Legislature or may 
amount to violation of an order of a 
competent court, 
(g) information regarding trade or comme rcial 
secrets protected by law or information, the 
disclosure of which may prejudicially affect 
the legitimate economic and commercial 
interest or the competitive position of the 
State Government or a public authority ; or 
may cause unfair gain or loss to any person , 
(h) information, the publication of which has 
been orohibited bv the State Government bv 
way of notificatio; issued in exercise of any 
provision of this Act, 
(i) information regarding any matter the 
disclosure of which may, -
(i) help or facilitate escape from legal custody 
or affect prison security ; 
.., 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 3019 
(ii) impede the process of investigation or 
apprehension or prosecution of offenders ; 
(iii) prejudicially affect the enforcement of 
any law including detection, prevention, 
investigation or suppression of crime or 
contravention of any law or the 
apprehending of offender and the operations 
of any intelligence organisation including 
any operation aganist extremism, terrorism 
and insurgency, 
(iv) endangered the life or physical safety of 
any person or identify the source of 
information or assistance given in 
confidence for law enforcement or security 
purposes; 
(v) prejudicially affect the fair trial or 
adjudication of a pending case or the 
proceedings of any Tribunal or public 
inquiry; 
(vi) reveal the existence or identity of a 
confidential record or source of infom1ation ; 
or may prejudice future supply of 
information relating to violation or 
contravention of any law ; 
(vii) prejudicially affect the ability of the State 
Government to managem ent the economy or 
the legitimate economic or commercial 
interest of the State Government or a Public 
Authority ; or may cause unfair gain or loss 
·to any individual or organisation ; 
(viii) cause unwarranted invasion to the 
privacy of an individual and which has no 
relationship to any public activity ; 
(j) information held in consequence of having 
been supplied in confidence by a person 
who-
(i) gave me miormation uncter a guarantee 
that its co nfidentiality would be 
protected ; or 
(ii) was not under any legal obligation 
whether actual or implied to supply and 
has not consented to its disclosure ; 
3020 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 
Procedure 5. 
for 
supply of 
informa­
tion. 
(k) the record and informa tion referred to in Central Act 
section 123 and 124 of the Indian Evidence r~7~.of 
Act, 1872 and claimed privileged; 
(l) information on the following grounds also -
(i) that the request is too general or is of such 
a nature that having regard to the volume of 
the information required to be retrieved or 
processed for fulfilling it, it would involve 
disproportionate diversion of the resources 
of the State Government or the Public 
Autpority, as the case may be, or would 
adversely interfere with the functioning of 
such Authority : 
Provided that where access is being 
refused on the ground that the request is too 
general it would be the duty of the Incharge 
of the Office concerned to render help as far 
as possible to the person seeking 
information to re-frame his request in such a 
manner as may facilitate supply of 
information, 
(ii) that the request relates to information that 
is required by law or convention to be 
published at a particular time ; or 
(iii) that the request relates to information that 
is contained in published material for sale. 
(1) Any person desirous of obtaining 
information shall make an application to the 
Incharge of the Office in the prescribed 
manner, along with such fee, in such form 
and with such particulars, as may be 
prescribed. 
(2) On reciept of an application under 
sub-section (1), the Incharge of the Office 
shall consider it and if the information is 
such which can be provided and do not fall 
within the category specified under 
sub-section (2) of section 4, the Incharge of 
the Office shall provide the information 
within thirty days of the receipt of the 
application. 
(3) Where the information sought by the 
applicant falls under any of the restricted 
/ : THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 
categories specified under sub-section (2) 
of section 4, the Incharge of the Office shall 
refuse to provide the information and shall 
communicate his reasoned decision to the 
applicant within thirty days from the date of 
receipt of the application. 
( 4) The information sought may be provided 
in the form it is available in the office by 
copying or photocopying the same which 
shall be certified, and signed and sealed on 
each page thereof by the lncharge of the 
Office. 
(5) 'When it appears to the Incharge of the 
Office that the information sought for by the 
applicant is not available in the office, he 
shall forward the application to the office 
where he reasonably believe the information · 
to have orginated or be avai lable and 
communicate the same to the applicant. 
Appeals. 6. (1) Subject to such rules as may be prescribed, 
any person, 
(i) aggriev ed by an order of the Incharge of 
the Office may, within thirty days from the 
date of receipt of such order, or 
(ii) who has not received any COJl1munication 
within a pe1iod of thirty working days from 
the date of the application under section 5, 
may within thirty days next after such 
period, -
prefer an appea l before the Controlling 
Officer. 
(2) Every appeal shall be accompanied by such 
fee to be deposited or paid in such manner 
as may be prescribed. 
(3) The Controlling Officer may, after giving the 
person affected a reasonable opportunity of 
Oeic1g l1ecu·d, pas~ ::; . ..:tch Vidc'"~ a~ i~ dccn.1s fi" : 
Provided that every appeal so pref erred 
shall be decided and disposed of by all 
means within thirty days from the date of 
presentaion thereof. 
3021 · 
3022 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 
power to 
remove 
difficul­
ties. 
(4) Any per son aggrieved by the order Assam Act 
of the controlling Officer under ;'J~ 7 of · 
sub-section ( 1) may prefer a Second Appeal · 
before the Assam Administrative Tribunal 
constituted under section 3 of the Assam 
Administrative Tribunal Act, 1977 within a 
period of thirty days from the date of receipt 
of such order. 
(5) The Assam Admin istrative Tribunal 
may, after giving the person affected a 
reasonabe opportunity of being heard, pass 
such order .as it deems fit : 
Provided that every Second Appeal so 
preferred shall be decided and disposed of by all 
means within sixty days from the date of 
presentation of the appeal. 
7. If any difficulty arises in giving effect to the 
provisions of this Act, the State Government 
may, by an order make such provisions not 
inconsistent with the provisions of this Act and 
appear to them to be necessary or expedient for 
removing the difficulty . 
protection 8. 
of action 
taken in 
No suit, prosecution or other legal proceeding 
shall lie against the State Government or any 
Public Authority or any officer or fun ctionary 
thereof o.:: any person for anything which is done 
in good faith or intended to be done in pursuance 
of this Act or the rules made thereunder. 
good 
faith. 
Penalties. 9. Where any Incharge of the Office, without any 
reasonable cause fails to supply the information 
sought for within the period specified under 
section 4 or furnishes information which is false 
with regard to any material and which he knows 
or has reasonable cause to believe to be false 
shall be liable to disciplinary action by 
Disciplinary Authotity under the relevant service 
rules governing the services of the officer 
cunctn1tJ. 
Bar of 
Jurisdic­
tion of 
Courts 
Power to 
make 
Rules. 
10. No Court shall entertain any suit, application or 
other proceeding in respect of any order made 
under this Act and no such order shall be called 
in question otherwise than by way of an appeal 
under this Act. 
11. (1) The State Government may make rules 
for carrying out the purposes of this Act. 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 3023 
(2) In particular, and without prejudice to the 
generality of the foregoing powers, such rules 
may provide for all or any of the following 
matters, namely:-
(a) the fee payable under section 5. 
(b) any other matter which is required to 
be, or may be, prescribed. 
(3) All rules made by the State Government 
under this Act shall, as soon as may be after they 
are made, be laid before the State Legislature, 
while it is in session, for a total period of not 
less than fourteen days which may be comprised 
in one session or two or more successive 
sessions, and shall, unless some later date is 
appoined, take effect from the date of their 
publication in the Official Gazette subject to such 
modifications or annulments as the Legislature 
may, during the said period agree to make, so 
however, that any such modification or 
annulment shall be without prejudice to the 
validity of anything previously done thereunder. 
S. K. SINHA, 
GOVERNOR OF ASSAM 
K. D. PHUKAN, 
Secretary to the Govt. of Assan 
Legislative Department. 
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., 
Assam,Guwahati-21, (Ex-Gazette) No. 715-500-600-7 -5-2002 . 

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