Jammu And Kashmir Right To Information Act, 2004

Section 1

Short title, extent md cotnmencement.--{ l) This Act may

be called the. Jammu ord(ashmir Right to Information Act, 2004. (2) It shall extend to thc whole of the State of Jammu and Kashmir. (3) It shall come into fotec on suchdate as the Governmentmay, by notification in tho Crovsmment Gazette, appoint.

Section 2

Definitions.-ln this Act, unless the context otherwise requires,- a)Controlling Officer b)"Department" means any department or office of the Government; c) "Government" means the Government of Jammu and Kashmir d) "Incharge of the Office" e) "Information" means any document or information relating to the affairs of the State or a public body ; f) "Public body g) "Right to information" means right to obtain information relating to the affairs of the State or Public bodies

Section 3

3. Obligation o.f Departments and Public Bodies.-Every Department and public body shall,- (a) maintain all its 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 by the Government (c) publish all relevant facts concerning important decisions and policies that affect the public while announcing such decisions and policies I (d) give reasons for its decisions, whether administrative or quasijudicial to those affected by such decisions ; (e) before initiating any project, publish or communicate to the public generally or to the persons affected or likely to be affected by the project in particular, the facts available to it or to which it has reasonable access which in its opinion should be known to them in the best inteiests of maintenance of dernocratic principles

Section 4

Right to information --subject to the provisions of this Act, every citizen shall have right to obtain information from the incharge of office and such incharge shall be liable to provide information under and in accordance with the provisions of this Act.

Section 5

Procedure for supply of information.

Section 6

Reslriction of right to information (I ) Notwithstanding anything hereinbefore contained, the following information shall be exempted from disclosure (2)The incharge of the office may, for reasons to be recorded in writing, withhold

Section 7

Third pty information.- Where an incharge of office intends to disclose information on a request made by a party which relates to or has been supplied by a third parly and has been treated as confidential by the party, the incharge of office shall by notice to that third party invite representation against such proposed disclosure. disclosure

Section 8

Act not to apply to certatn organizations.- Nothing contained in this Act shall apply to intelligence and security organizations by whatever name called, discharging their functions as such under the Government.

Section 9

Appeals

Section 10

Fee- { l) The request for seeking information under this.Act ' shall be accompanied by a proof of payment of such fee as may be prescribed for furnishing of information (2) If requisite fee as prescribed under sub-section (l) is not paid for the required information, the information sought under section 5 may not be made available. (3) The appeal shall be accompanied with such fee, and be deposited and tendered in such manner, as may be prescribed

Section 11

Obligations of the incharge of office

Section 12

Penalties

Section 13

Protection of action taken in good faith. - No suit, prosecution or legal proceedings shall lie against any person for anything done or intended to be done in good faith in pursuance to the provisions of this Act or rules made thereunder

Section 14

Bar to the legal proceedings.- No court shall entertain any, suit, application or other proceedings in respect of any order made under this Act and no such order shall be called in question otherwise than by way of appeal under this Act.

Section 15

Power to make rules