Jammu and Kashmir Right to Information Act, 2009
No: 8 Dated: Mar, 20 2009
THE JAMMU AND KASHMIR RIGHT TO INFORMATION ACT, 2009
(Act No. VIII of 2009)
An Act to provide for setting out the regime of right to information for the people of the State to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a State Information Commission and for matters connected therewith or incidental thereto.
Whereas, the Constitution of India has established democratic Republic ; and
Whereas, democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Government and its instrumentalities accountable to the governed ; and
Whereas, revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Government, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information ; and
Whereas, it is necessary to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal ; and
Whereas, it is expedient to provide for furnishing certain information to citizens who desire to have it. Be it enacted by the Jammu and Kashmir State Legislature in the Sixtieth Year of the Republic of India as follows :—
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Right to Information Act, 2009.
(2) It extends to the whole of the State.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Act" means the Jammu and Kashmir Right to Information Act, 2009;
(b) "competent authority" means
(i) the Speaker in the case of the Legislative Assembly of the State and the Chairman in the case of the Legislative Council of the State;
(ii) the Chief Justice of the High Court in the case of the High Court;
(iii) the Governor in the case of other authorities established or constituted by or under the Constitution of India or the Constitution of Jammu and Kashmir;
(c) "Government" means the Government of Jammu and Kashmir;
(d) "information" means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
(e) "prescribed" means prescribed by rules made under the Act by the Government or the competent authority, as the case may be;
(f) "public authority" means any authority or body or institution of self-government established or constituted
(i) by or under the Constitution of India or the Constitution of Jammu and Kashmir;
(ii) by any other law made by Parliament;
(iii) by any other law made by the State Legislature;
(iv) by notification issued or order made by the Government, and includes any -
(A) body owned, controlled or substantially financed;
(B) non-Government organization substantially financed, directly or indirectly by funds provided by the Government;
(g) "Public Information Officer" means the Public Information Officer designated under sub-section (1) and includes a Assistant Public Information Officer designated as such under sub-section (2) of section 5;
(h) "record" includes
(i) any document, manuscript and file;
(ii) any microfilm, microfiche and facsimile copy of a document;
(iii) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(iv) any other material produced by a computer or any other device;
(i) "right to information" means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) "taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
(j) "State Information Commission" means the Stale Information Commission constituted under sub-section (1) of section 12;
(k) "State Chief Information Commissioner" and "State Information Commissioner" means the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 12;
(l) "third party" means a person other than the citizen making a request for information and includes a public authority.
CHAPTER II
Right to Information and Obligations of Public Authorities
3. Right to information. - Subject to the provisions of the Act, every person residing in the State shall have the right to information.