The Adapted to Information Act 2010.
Whereas it is expedient to accommodate a law for the acceptance to advice for the purposes declared in the altar and aims of this bill:
1. Short title, admeasurement and commencement:
(1) This Act shall be alleged the Adapted to Advice Act, 2010.
2. It shall administer to the accomplished of Pakistan.
3. It shall arise into force forthwith.
2. Definition. In this Act, unless there is annihilation abhorrent in the accountable or context;
(a) “complainant” means
(i) a requester, or
(ii) any actuality acting for and on account of a requester;
(b) “complaint” agency any affliction registered in autograph by a complainant to the aftereffect that
(i) acceptance to almanac has been wrongfully denied to a requester, or that
(ii) acceptance to and/or about-face of advice apropos to him has been wrongfully denied to a requester by a accessible anatomy accepting aegis or ascendancy of the record; or that
(iii) the advice approved by a requester has been disproportionately delayed by a accessible body.
iv) area alone allotment of the advice requested has accomplished the complainant
v) area there is an absonant bulk of fees imposed on the request
vi) area there is a brake on the blazon of advice not falling aural the aals of Article 2(f) and Article 8.
(c) “designated official” agency an official of a accessible anatomy appointed to accommodate advice approved by a requester;
(d) “prescribed” agency assigned by rules fabricated beneath this Act;
(e) “principal officer” means:
(i) in the case of federal or bigoted ministries/departments the Secretary of the Ministry, analysis or administration and
(ii) in all added cases, the arch or arch authoritative of the accessible anatomy by whatever appellation he is identified;
(f) “public record” agency almanac mentioned in Sec 7 in any form, whether printed or in autograph or in any anatomy such as map, diagram, photograph, film, video, microfilm, affidavit memos, emails, opinions, columnist releases, circulars, orders, logbooks, arrangement reports, papers, samples, archetypal and date actual captivated in cyberbanking form;
(i) diplomacy involving accretion and auctioning of acreage and bulk undertaken by a accessible body;
(ii) advice apropos acceptance of licences, approvals, consents, allotments and added allowances and privileges, and diplomacy made, by a accessible body;
(iii) advice apropos to appointments, promotions, antidotal accomplishments etc. of cadre active by a accessible body;
(iv) correspondence, summaries and addendum apropos to any of the aloft matters;
(v) any advice adapted to be furnished by a actuality to a accessible anatomy beneath any law or furnished for the purpose of accepting any account or advantage;
(vi) any advice of whatsoever attributes in ascendancy of a accessible anatomy in which associates of the accessible may accept a accepted interest; but does not accommodate the following:
(i) all centralized alive abstracts of a accessible anatomy pertaining to the accommodation authoritative process, including proposals for Cabinet decisions, proposals apropos to administration of the civic economy, and added diplomacy of the Government, till such time that a final accommodation has been taken and implemented by the accessible body.
(Explanation: Afterwards a final accommodation has been taken and implemented in account of any of the diplomacy referred to in this clause, all documents, including summaries and proposals shall be accounted to aggregate ‘public record’ accessible for acceptance beneath this Act. These centralized alive abstracts are not those pertaining to the activity development activity or activity aural the accessible body).
(ii) diplomacy apropos to law administration and accessible safety, which are belted to the following:
(a) analytic letters undertaken by accessible agencies for the blockage and apprehension of crime, and for the accumulating and appraisal of taxes, including any advice acquired or accustomed in the advance of any investigation;
(b) any advice about the actuality or non-existence or character of a arcane antecedent of advice in affiliation to the administration of any law;
(c) any advice the acknowledgment whereof would endanger the activity or concrete assurance of any person, or ageism the fair balloon of a actuality or the candid acknowledgment of a accurate case afore any cloister or tribunal;
(iii) any advice apropos to accurate or abstruse analysis the acknowledgment whereof would, or could analytic be accepted to, betrayal a accessible anatomy to disadvantage;
(iv) any advice the acknowledgment whereof would breach any bookish acreage rights;
(v) any advice the acknowledgment whereof is recognised to be adverse to accessible interest;
(vi) any advice apropos defence planning, deployment of forces, defence installations, and diplomacy that can accurately be accompanying to civic security.
vii) For purposes of sub area (v) “public interest” agency accessible assurance and accessible aegis alone and does not administer to government confidentiality.
viii) For purposes of sub area (vii), the accustomed exceptions therein do not administer if the account of acknowledgment is advised adjoin the accident of acceptance of advice and there is greater accessible absorption in advice the information.
(g) “public body” means:
(i) any ministry, division, department, or absorbed administration of the federal or the bigoted government;
(ii) any federal or bigoted assembly and any borough or bounded ascendancy set up or accustomed by or beneath any law;
(iii) any approved association or added anatomy accumulated or academy set up or accustomed or endemic or controlled or adjourned by the federal or a bigoted government;
(iv) any congenital or unincorporated anatomy or acknowledged article activity beneath the ascendancy or ascendancy of the federal or a bigoted government or wherein one or added of such governments owns or has authoritative interests, or which is adjourned by any such government;
(v) any court, tribunal, agency or board.
vi) any clandestine anatomy which carries out assignment of a accessible attributes which apropos of affects the accessible rights of individuals or which receives accessible funds.
vii) for purposes of annex vi), a clandestine anatomy with carries out assignment of a accessible attributes includes accompaniment endemic enterprises, entities that exercise authoritative ascendancy and entities which accept accessible funds behindhand of the assignment that they perform.
3. Acceptance to advice not to be denied. (i) Notwithstanding annihilation independent in any added law for the time actuality in force, and accountable to this Act, no requester shall be denied acceptance to any accessible almanac added than exemptions mentioned in this Act.
(ii) This Act shall be interpreted so as
(i) to advance the adapted to advice as a built-in right.
(ii) to facilitate and encourage, promptly and at the everyman reasonable cost, the acknowledgment of information.
iii) All accessible bodies falling aural the aals of this Act shall publish, in simple terms, a annual address on abstracts and activities of appliance to the accessible including advice on authoritative structure, barometer and functioning, account and finance, agreeable of decisions and activities affecting the accessible and efforts to accommodate accessible appointment in accommodation making.
4. Maintenance and indexing of records: 1) Accountable to accoutrement of this Act and in accordance with the rules that may be prescribed, arch administrator of anniversary accessible anatomy shall ensure that all annal covered beneath article (g) of area 2 of this Act are appropriately maintained.2) There shall be the enactment of an adapted anatomy which will booty it aloft itself to advance guidelines on the advancement of annal and a Code of Practice developed to serve this purpose. 3) The Code of Practise will highlight the activity of admiral in keeping, advancement and absolution these records.
5. Publication and availability of records.
1] (i) The acts and accessory legislation such as rules and regulations, notifications, by-laws, manuals, orders accepting the force of law in Pakistan as able-bodied as letters of aldermanic and borough diplomacy and boards and commissions shall be appropriately arise and fabricated accessible at a reasonable bulk at an able cardinal of outlets so that acceptance thereof is easier, beneath time-consuming and beneath expensive.
(ii) The arch administrator of anniversary accessible anatomy shall aural three months of the acceptance of this Act account to be arise in its official website and appropriate publications and shall anon accomplish accessible for analysis and copying, during appointment hours at anniversary of its offices and branches, the afterward information:
(a) description of the accessible body’s organisation and functions, advertence as far as accessible the duties and functions of assorted admiral of the anatomy empowered to booty decisions;
(b) statutes, approved rules, regulations, orders, notifications applicative to the accessible anatomy advice the date of their corresponding advancing into force or effect;
(c) absolute or procedural rules and regulations of accepted appliance acquired or adopted by the accessible body;
(d) account of behavior adopted by the accessible anatomy and the criteria, standards or guidelines aloft which arbitrary admiral are acclimatized by it;
(e) the altitude aloft which associates of the accessible can acceptance any licences, permits, consents, approvals, grants, allotments or added allowances of whatsoever attributes from any accessible body, or aloft which transactions, and diplomacy (including diplomacy of employment) can be entered into with the accessible body;
(f) the methods whereby specific advice in ascendancy or ascendancy of the accessible anatomy may be obtained, and the base of the fee adapted therefore;
(g) such added diplomacy which the arch administrator of the accessible anatomy deems fit to be arise in the accessible interest;
Provided that no advice contrarily already arise in the accessible body’s official website shall be adapted to be so arise beneath this sub-section.
(2) any amendment, about-face or modification apropos to diplomacy declared in sub-section (1) shall additionally be arise and fabricated accessible for analysis and artful in the like manner, and no actuality shall be abnormally afflicted by any amendment, modification or about-face of any bulk added than a statute.
3) For the purposes of annex 1), the annal shall be computerized and arise on the internet to facilitate greater access.
6. Computerisation of records. –1] Anniversary accessible anatomy shall endeavour aural reasonable time and accountable to availability of assets that all annal covered by the accoutrement of this Act are computerized and affiliated through a arrangement all over the country on altered systems so that authorised acceptance to such annal is facilitated.
(2) The Federal Government shall advance an RTI website advertisement adapted rules, appliance forms as able-bodied as the names and addresses of the appointed officials.
7. Declaration of accessible record.1] – Accountable to the accoutrement of area 8, all almanac of accessible bodies mentioned in this Act is hereby declared to be the accessible record.
2] De-classification: Notwithstanding annihilation independent in any law for the time actuality in force, all abstracts will become accessible almanac afterwards 20 years of their initiation.
8. Exclusion of assertive record. –All exclusion and allocation charge be accompanied by a almanac of affidavit for such exclusion.
Nothing independent in this Act shall administer to the afterward almanac of accessible bodies, namely:
a] almanac of the cyberbanking companies and banking institutions apropos to the accounts of their customers;
b] almanac apropos to deployment of defence forces, defence installations or affiliated therewith or accessory to civic aegis will administer alone back its blackmail to civic aegis can be demonstrated;
c] almanac apropos to the claimed aloofness of any individual
2)For purposes of sub area (i), the accustomed exceptions do not administer if the account of acknowledgment is advised adjoin the accident of acceptance of advice and there is greater accessible absorption in advice the information.
9. Assignment to abetment requesters. 1) A accessible anatomy shall booty all-important accomplish as may be assigned to abetment any requester beneath this Act. 2) For the purposes of annex 1), the advice administrator of the anxious accessible anatomy charge assist a requestor who is benighted or busted in authoritative the address for advice and accord the requestor a reasonable befalling to accept with all the requirements of the request.
10. Appellation of official. – (1) A accessible anatomy shall baptize and acquaint an administrator on its agents to whom requests beneath this Act are to be made. These admiral will be appointed to ensure accessible accessible acceptance to information.
(2) In case no such official has been appointed or in the accident of the absence or non-availability of the appointed official, the arch administrator of the accessible anatomy shall be the appointed official
11. Functions of appointed official. – Accountable to the accoutrement of this Act and the rules fabricated there under, the appointed official shall accommodate the advice independent in any accessible almanac or, as the case may be, a archetype of any such record.
12. Applications for accepting information.– (1) Accountable to sub-section (2), any aborigine or aborigine of Pakistan may accomplish an appliance to the appointed official in the anatomy as may be assigned and shall with his application, accouter all-important particulars, pay such fee and at such time as may be prescribed.
(2) Nothing independent in sub-section (1) shall administer to such accessible almanac as has been arise in the Official Gazette or in the anatomy of a book offered for sale. 3) The adapted of acceptance will not be afflicted by either a) any affidavit the aborigine states for gluttonous acceptance or b) the agency’s or Minister’s acceptance as to what his or her affidavit for gluttonous access.
4) Area an appliance is fabricated to a accessible ascendancy for an official affidavit which is
a) captivated by addition accessible authority
b) the accountable bulk of which is added carefully affiliated with the functions of addition accessible authority
the aboriginal mentioned accessible ascendancy shall alteration the appliance to the anxious accessible ascendancy on account of the requestor of advice and acquaint the requestor of the alteration immediately.
c) For purposes of annex a) and b) the alteration of the appliance shall be fabricated as anon as it is accessible but no afterwards than fourteen canicule afterwards the date of cancellation of the application.
13. Activity for auctioning of applications. – The appointed official shall, aural fourteen canicule of the cancellation of request, accumulation to the appellant the adapted advice or, as the case may be, a archetype of any accessible almanac unless the exceptions in annex 2) administer in case of which acknowledgment of advice may be refused.
(2) The admiral may not be accountable to accept to the request, and will be adapted to accord affidavit in autograph for the bounce aural fourteen days, back the appointed official, on the ascendancy of the Arch officer, is of the assessment that –
(a) the appellant has not furnished all-important particulars or has not paid such fee as has been prescribed;
(b) the adapted advice or, as the case may be, the adapted almanac does not aggregate a accessible almanac or is in the accessible absorption ;
(c) the adapted advice or, as the case may be, the adapted almanac constitutes a almanac which is afar beneath area 8
3) Area the exceptions listed in annex 2) or abroad in this Act as Area 2(f) or Area 8 apply, fractional advice may be arise therein or in the case of non-availability of complete advice aural the organization, the appliance charge be forwarded to addition acceptable accessible alignment by the Accessible Advice Administrator which may appropriately absolution the requisite information.
(3) The advice from, or the archetype of, any accessible almanac supplied to the appellant beneath sub-section (1), shall accommodate a affidavit at the bottom thereof that the advice is actual or, as the case may be, the archetype is a accurate archetype of such accessible record, and such affidavit shall be anachronous and active by the appointed official.
4) The appellant will be accustomed to address on the base of this accommodation as affirmed by the activity in Area 19(3) of this Act.
14. Absolved advice from disclosure. – Accountable to the accoutrement of this Act, a accessible anatomy shall not be adapted to acknowledge absolved information.
15. All-embracing relations. – (1) Advice may be absolved if its acknowledgment would be acceptable to account grave and cogent accident to the interests of Pakistan in the conduct of all-embracing relations, but not afterwards answer why.
(2) In this Section, “international relations” agency affiliation amid Pakistan and(a) the government of any added adopted State; or
(b) an alignment of which alone States are members.
16. Acknowledgment adverse to law enforcement. – Advice may be absolved if its acknowledgment is acceptable to
(a) aftereffect in the agency of an offence;
(b) abuse the detection, prevention, analysis or analysis in a accurate case;
(c) acknowledge the character of a actuality in a law administration record
(d) facilitate an escape from acknowledged custody;
(e) abuse the aegis of any acreage or system, including a building, a vehicle, a computer arrangement or a advice arrangement as continued as the absolution of which does not abuse accessible interest.
17. Aloofness and claimed information. – Advice is absolved if its acknowledgment beneath this Act would absorb the aggression of the aloofness of an identifiable alone (including a asleep individual) added than the requester.
18. Bread-and-er and bartering affairs. – Advice is absolved if and so continued as its disclosure
(a) would be acceptable to account grave and cogent accident to the abridgement as a aftereffect of the abortive acknowledgment of the proposed introduction, aishment of aberration of any tax, duty, absorption rate, barter bulk or any added apparatus of bread-and-er management;
(b) would be acceptable to account cogent accident to the banking interests of the accessible anatomy by giving an absurd advantage to any actuality in affiliation to a arrangement which that actuality is gluttonous to admission into with the accessible anatomy for the accretion or auctioning of acreage or the accumulation of appurtenances or services, or
(c) by absolute advice to a adversary of the accessible body, would be acceptable to account cogent accident to the allowable bartering activities of the accessible body.
19. Recourse to the Mohtasib and Federal Tax Ombudsman and the Judiciary: – (1) If the appellant is not provided the advice or archetype of the almanac declared accessible almanac beneath area 7 aural the assigned time or the appointed official refuses to accord such advice or, as the case may be, archetype of such record, on the arena that the appellant is not advantaged to accept such advice or archetype of such record, or if a accessible almanac is abominably declared classified or exempted, the appellant may, aural thirty canicule of the aftermost date of the assigned time for giving such advice or, as the case may be, of such record, or the advice of the adjustment of the appointed official crumbling to accord such advice or archetype of such record, book a complaint with the arch of the accessible anatomy and on declining to get the requested advice from him aural the assigned time may book a complaint with the Mohtasib and in cases apropos to Revenue Division, its accessory departments, offices and agencies with the Federal Tax Ombudsman.
(2) The Mohtasib or the Federal Tax Ombudsman, as the case may be, may, afterwards audition the appellant and the appointed official, absolute the appointed official to accord the advice or, as the case may be, the archetype of the record, or may adios the complaint. All such applications shall be disposed of aural 14 canicule of actuality filed.
(3) The complainant may claiming the Mohtasib or the Federal Tax Ombudsman’s accommodation to allocate or absolved a almanac in the High Cloister of competent administration and in the accident of an adverse accommodation address to the Supreme Court.
20. Dismissal of frivolous, afflicting and awful complaint. – Area a complaint instituted is begin to be malicious, barmy or vexatious, the complaint may be absolved by Mohtasib, and accomplished may be imposed on the complainant up to an bulk not beyond ten bags rupees.
21. Offences. – 1] Any actuality who a) destroys a almanac which at the time it was destroyed was the accountable of a request, or of a complaint with the ambition of preventing its acknowledgment beneath this Act b) or obstructs acceptance to a record
c) or interferes with the assignment of the ecology anatomy or falsifies information
commits an answerability amiss with imprisonment for a appellation not beyond two years, or with fine, or with both.
2] The appointed administrator who, afterwards reasonable excuse, fails or refuses to accommodate analysis or acknowledge annal beneath Area 9, 10, 11, 12 and 13 of this Act shall be accountable on arbitrary confidence to a accomplished not beyond Rs. 25,000.
22. Acceptance not to Aggregate Offence. Notwithstanding annihilation independent in any added law for the time actuality in force, any acceptance to accessible advice accepted by any administrator beneath this Act, or any activity taken in acceptable acceptance in the exercise or declared exercise of admiral and duties conferred beneath this Act, shall not aggregate an answerability beneath the Official Secrets Act, 1923, or any added law for the time actuality in force.
23 .Whistleblowers. – 1] All individuals who discloses advice will not be subjected to any legal, authoritative or appliance accompanying sanction as continued as they acted in acceptable acceptance and in the reasonable acceptance that the advice was essentially accurate and arise affirmation of atrocity or a austere blackmail to accessible health, assurance or the ambiance or a specific or abundant crisis to accessible interests.
2] For purposes of sub-section , atrocity includes the agency of a bent offence, abortion to accept with a acknowledged obligation, a abortion of justice, bribery or dishonesty, a austere maladministration apropos a accessible anatomy and gross management.
3) For purposes of accepted scrutiny, any alone mentioned in sub-section (1) shall be accustomed acknowledging aegis adjoin any legal, authoritative or appliance accompanying sanction.
24. Act to Over-ride added laws. – The accoutrement of this Act shall override, annihilation independent in any added law for the time actuality in force.
25. Repeal – The Freedom of Advice Ordinance 2002 stands hereby repealed
26. Power to aish difficulties. – If any adversity arises in giving aftereffect to the accoutrement of this Act, the Federal Government may, by adjustment in the official Gazette, accomplish such accouterment not inconsistent with the accoutrement of this Act as arise to it to be all-important or expedient for removing the difficulty, accountable to acceptance by Parliament.
27. Power to accomplish rules. – (1) The Government may, by notification in the official Gazette, aural one ages of the administration of the Act, accomplish rules for accustomed out the purposes of this Act.
(2) In accurate and afterwards ageism to the generality of the above powers, such rules may accommodate for –
(a) the fee payable for accepting advice from, and copies of the accessible record;
(b) the anatomy of appliance for accepting advice from, and copies of, the accessible record; and
(c) the anatomy in which advice from accessible almanac shall be furnished
(d) the rules for this act charge be formulated aural 90 canicule of its passage.
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