The Assam Right to Information Act, 2001
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**Registere·i No. - 768/97**

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## THE ASSAM GAZl:TTE

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###### EXTRAORDINARY.

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**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

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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.
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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

ACT

to provide for right to information to the citizens

and in relation to the matters connected th1~rewith

or incidental thereto.

Preamble. 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 :-

Short title, 1.(1) This Act may be called the Assam Right to
extent and

Information Act., 2001.

commence-
ment. ·

(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 oth erwis•:!

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 Government
or the Public Authority, as the case may be,
for the purposes of this Act ;


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( 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 Central Act

incorporated under the Companies Act, No, 1 of

1956.

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


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(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


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(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. ; '

                                                                       -

(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.

Mainten'ance 3. Every office of the State Government or Public
of record. 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 4. ( 1) Subject to the provisions of this Act and the Central Act
inforrr.;i.-tior;                 - ' Official Secrets Act, 1923 every·citizen shall No. XIX 1923 . of

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,


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(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) information, 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 commercial

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 ;


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(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 management the economy or
the legitimate economic or commercial
interest of the State Government or a Public
Authority ; or may cause unfair gain or loss

                   - o 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 confidentiality would be
protected ; or
(ii) was not under any legal obligation
whether actual or implied to supply and
has not consented to its disclosure ;


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(k) the record and information 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.

Procedure 5. (1) Any person desirous of obtaining
for information shall make an application to the
supply of
informa- Incharge of the Office in the prescribed
tion. 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


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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 available and
communicate the same to the applicant.

Appeals. 6. (1) Subject to such rules as may be prescribed,
any person,

(i) aggrieved 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 appeal 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.


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(4) Any person aggrieved by the order Assam Act
of the controlling Officer under ;'J~ of               -
7

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 Administrative 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.

power to 7. If any difficulty arises in giving effect to the
remove provisions of this Act, the State Government
difficul-
ties. 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. No suit, prosecution or other legal proceeding
of action
shall lie against the State Government or any
taken in

good Public Authority or any officer or functionary
faith. 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.

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 10. No Court shall entertain any suit, application or
Jurisdic- other proceeding in respect of any order made
tion of
Courts under this Act and no such order shall be called

in question otherwise than by way of an appeal
under this Act.

Power to 11. (1) The State Government may make rules
make

for carrying out the purposes of this Act.

Rules.


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(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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