KARNATAKA RIGHT TO INFORMATION ACT, 2000

Act, No. 28 of 2000

10th December, 2000

An Act to provide for right of access to information to the citizens of the State and in relation to the matters connected therewith or incidental thereto. WHEREAS, right to Government held information is accepted by the Supreme Court as a part of right to speech and expression guaranteed to citizens in the Constitution; AND WHEREAS providing right of access to information to the citizens of the State promotes openess, transparency and accountability in administration and ensures effective participation of people in the administration and thus makes democracy meaningful; AND WHEREAS it is expedient to provide for right of access to information to the citizens of the State and in relation to the matters connected therewith or incidental thereto and for the purposes hereinafter appearing; BE it enacted by the Karnataka State Legislature in the fifty first year of the Republic of

S.1 Short title and commencement

(1) This Act may be called the Karnataka Right to Information Act, 2000.

(2) It shall come into force from such1date, as the State Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.

1. Sections 1 and 12 brought into force w.e.f. 12.10.2001 by notification No. ITY 244 ITC 2000 dt. 12.10.2001 and sections 2 to 11 and section 13 [except section 3(c) and 3(d)] brought into force w.e.f. 18.7.2002 by notification No. DPAR 56 YOMASA 2002(1) dt. 18.7.2002

S.2 Definitions

In this Act, unless the context otherwise requires,-

• (a) "Competent authority" means head of the office or any officer or person as may be notified by the State Government for the purpose of this Act:

  Provided that where the Competent Authority transfers application to any officer or person under the proviso to sub-section (2) of section 5, such officer or person shall be deemed to be the Competent Authority".

• (b) 'Information' means information relating to any matter in respect of the affairs of the administration or decisions of a public authority;
• (c) 'Public authority' means,-
  • (i) all offices of the State Government including the Karnataka Public Service Commission;
  • (ii) all local authorities, all authorities constituted by or under any Act of the State Legislature for the time being in force, a company, Corporation, trust, society, any statutory or other authority, Co-operative society or any orga
    

S.3 Obligation of public authorities

Every public authority shall,-

• (a) maintain all records in such manner and form as is consistent with its operational requirements duly catalogued and indexed;
• (b) publish at such intervals as may be prescribed,-
  • (i) the particulars of its organisation, functions and duties;
  • (ii) the powers and duties of officers and employees and the procedure followed by them in the decision making process;
  • (iii) the norms setup by the public authority for the discharge of its functions;
  • (iv) the details of facilities available to citizens for obtaining information;
• (c) publish all relevant facts concerning such of the important decisions and policies that affect the public as may be prescribed while announcing such decisions and policies;
• (d) before sanctioning or initiating or causing to sanction or initiate any project, scheme or activity as may be specified by the State Government, publish or c
  

S.4 Right to information

(1) Subject to the provisions of this Act every citizen shall have the right to information.

(2) Notwithstanding anything contained in sub-section (1), no person shall be given,-

• (a) information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, security of the State, strategic scientific or economic interest of India or conduct of international relations;
• (b) information, the disclosure of which would prejudicially affect public safety and order or which may lead to an incitement to commit an offence or prejudically 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:

  Provided that information regarding the decisions of the Cabinet alongwith the reasons leading to the decision shall be made available and every Government Order issued on the basis o
  

  S.5 Procedure for supply of information

  (1) A person desirous to obtain information shall make an application to the competent authority in the prescribed manner, along with such fee, in such form and with such particulars, as may be prescribed:

  Provided that the fee payable shall not exceed the actual cost of supplying information.

  (2) On the receipt of an application requesting for information, the competent authority shall consider it and except for justifiable reasons, pass orders thereon either granting or refusing it, as soon as practicable and in any case within fifteen working days from the date of receipt of the application:

  Provided that where the competent authority doesnot have the information, he shall within fifteen days from the date of receipt of application transfer the application to the officer or person with whom such information is available and inform the applicant accordingly and thereafter such officer or person to whom such application is transferred shall fu
  

  S.6 Grounds for refusal to supply information in certain cases

  Without prejudice to the provisions of section 4, the competent authority may also reject a request for supply of information where such request,-

  • (a) is too general in nature and the information sought is of such nature that, it is not required to be ordinarily collected by the public authority:

    Provided that where such request is rejected on the aforesaid ground, it shall be the duty of the Competent Authority to render help as far as possible to the person seeking information to reframe the request in such a manner as may facilitate the supply of information;

  • (b) relates to information that is required by law, rules, regulations or orders to be published at a particular time; or
  • (c) relates to information that is contained in published material available to public;
  • (d) relates to personal information the disclosure of which has no relationship to any public activity or which would cause unwarranted invasion of the priva
    

  S.7 Appeals

  (1) Subject to such rules as may be prescribed, any person,-

  • (i) aggrieved by an order of the competent authority may, within thirty days from the date of receipt of such order; or
  • (ii) who has not received any communication within a period of fifteen working days from the date of making application under section 5, may within thirty days next after such period;

  appeal to such authority as may be prescribed:

  Provided that no appeal shall lie against an order of witholding of information under clause (f) of sub-section (2) of section 4.

  (2) The appellate authority may, after giving the person affected a reasonable opportunity of being heard, pass such order as it deems fit.

  (3) Any person aggrieved by the order of the appellate authority under sub-section (2) may prefer an appeal to the Karnataka Appellate Tribunal.

  (4) Appeals referred to in sub-sections (1) and (3) shall be disposed of within thirty days from the date
  

  S.8 Power to remove difficulties

  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:

  Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.

  
  

  S.9 Penalties

  Where any competent authority, without any reasonable cause fails to supply information sought for within the period specified under section 5 or furnishes information which is false with regard to any material particulars and which it knows or has reasonable cause to believe it to be false,-

  • (i) the authority immediately superior to the competent authority may impose a penalty not exceeding two thousand rupees on such competent authority as it thinks appropriate after giving him a reasonable opportunity of being heard and such a penalty shall be recoverable from his salary or if no salary is drawn as arrears of land revenue; and
  • (ii) he shall also be liable to disciplinary action under the service rules applicable to him.
  
  

  S.10 Bar of jurisdiction of courts

  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.

  
  

  S.11 Act to have overriding effect

  The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law made by the State Legislature in respect of any matter falling under State list or concurrent list except the provisions of any existing law or a law made by Parliament in respect of any matter falling under concurrent list.

  
  

  S.12 Power to make rules

  (1) The State Government may, after previous publication by notification make rules to carry out the provisions of this Act.

  (2) In particular, and without prejudice to the generality of the foregoing power, 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) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in Session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making modification in the rule or both the Houses agree that rule should not be made the rule thereafter, shall have effect only in such modified form or be of no effect, as the
  

  S.13 Repeal and savings

  (1) The Karnataka Right to Information Ordinance, 2000 (Karnataka Ordinance No. 9 of 2000) is hereby repealed.

  (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.