Sindh Foi Act 2006

The Sindh Government Gazette Published by Authority KARACHI FRIDAY SEPTEMBER 29, 2006 PART-IV-A PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE 13TH SEPTEMBER, 2006 NO.PAS/Legis-B-16/2006-. The following Bill is hereby published for general information as required by Rule 83 of the Rules of Procedure of the Provincial Assembly of Sindh. BILL NO.16 OF 2006 THE SINDH FREEDOM OF INFORMATION BILL, 2006 A Bill To provide for transparency and freedom of information WHEREAS it is expedient to provide for transparency and freedom of information to ensure that the citizens of Province Sindh have improved access to public records and for the purpose to make the Provincial Government more accountable to its citizens, and for matters connected therewith or incidental thereto; It is hereby enacted as follows: 1.

Short title and commencement

(1) This Act may be called the Sindh Freedom of Information Act, 2006. It shall come into force at once

2. Definitions

In this Act, unless there is any thing repugnant in the subject or context. (a)

(ii)

“complainant” means (i) a request; or

any person acting for and on behalf of requester; (b)

“complainant” means any allegation in writing made by a complainant

i

where he is a requester, that access to record has been wrongfully denied to him by a public body;

(ii)

where he is a requester, that access to and or correction of his person information has been wrongfully denied to him by a public body having the custody or control of the record;

(iii)

where he is a requester that the information requested by him has been unduly delayed by a public body;

(c)

“designated official” means an official of a public body designated under section 10;

(d)

“employees” in relation to a public body, means a person employed in a public body whether permanently or temporary;

(e)

“Government” means the Government of Sindh;

(f)

“Ombudsman” means the Ombudsman appointed under section 3 of the Establishment of Officer for the Province of Sindh Act, 1991;

(g)

“prescribed” means prescribed by rules made under this Act

(h)

“public body” means

(i)

3.

(i)

(i)

any department Government;

or

attached

department

of

(ii)

Secretariat of Provincial Assembly

(iii)

Any office of any Board, Commission, Council, or other body established by, or under, a Provincial Law; and

(iv)

Courts and tribunals; and

“record” means record in any form, whether printed or in writing and includes any map, diagram, photography, film, microfilm, which is used for official purpose by the public body which hold the record.

(1) Notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this Act no requester shall be denied access to any official record other than exemptions as provided in section 15.

Access to information not to be denied

(2) This Act shall be interpreted so as (i)

to advance the purposes of this Act and

ii

(ii)

to facilitate and encourage, promptly and at the lowest reasonable cost, the disclosure of information.

4.

Subject to provisions of this Act and the rules, each public body shall ensure that all records are properly maintained.

Publication and availability of records

5.

The acts and sub ordinance legislation such as rules and regulations, notifications, bylaws, manuals, orders having the force of law in the Sindh province shall be duly published and made available at a reasonable price at an adequate number of outlets so that access thereof is easier, less timeconsuming and less expensive.

Computerization of Records

6.

Each public body shall endeavor within reasonable time and subject availability of resources that all records covered by the provisions of this Act are computerized and connected through a network all over the country on different systems so that authorized access to such records is facilitated.

Declaration of public record

7.

Subject to the provisions of section 8, the following records of all public bodies are hereby declared to be the public record namely-

Maintenance and indexing of records

a) Policies and guidelines b) Transactions involving acquisition and disposal of property and expenditure undertaken by a public body in the performance of its duties; c)

Information regarding grant of licenses, allotments and other benefits and privileges and contracts and agreements made by a public body;

d) Final orders and decisions, including decisions relating to members of public, and e) 8.

Any other record which may be notified by Government as public record for the purposes of this Act.

Nothing contained in section 7 shall apply to the following record of all public bodies, namely; (a) (b) (c) (d) (e) (f) (g) (h)

Exclusion certain record

Noting on the files Minutes of meetings Any intermediary opinion or recommendation Record of the banking companies and financial institutions relating to the accounts of their customers; Record relating to defence forces, defence installation or connected therewith or ancillary to defence and nation security. Record declared as classified by Government Record relating to the personal privacy of any individual; Record of private documents furnished to a public body either on an express or implied condition that information contained in any such documents shall not be disclosed to a third person, and

iii

of

(i)

9.

Any other record which Government may, in public interest, exclude from the purview of this Act.

A public body shall take necessary steps as may be prescribed to assist any requester under this Act

10.

(1) A public body shall designate and notify an officer or employee to whom requests under this Act are to be made. These officials will be designated to ensure easy public access to information.

Duty to assist requesters Designation of official

(2) In case no such official has been designated or in the event of the absence or non-availability of the designated official, the person incharge of the public body shall be the designated official. 11.

Subject to the provisions of this Act and the rules made there under and the instructions if any, of Government, the designated official shall provide the information contained in any public record or, as the case may be a copy of any such record.

Functions of designated official

12.

(1) Subject to sub-section (2), any citizen of Pakistan may make an application to the designated official in the form as may be prescribed and shall with his application, furnish necessary particulars, pay such fee and at such time as may be prescribed.

Applications for obtaining information, etc

(2) Nothing contained in sub-section (1) shall apply to sub public record as has been published in the official gazette or in the form of a book offered for sale.

Procedure for disposal of applications

13.

(1) Subject to sub-section (2), on receiving an application under section 12, the designated official shall, within twenty-one days of the receipt, supply to the applicant the required information or, as the case may be, a copy of any public record. Information or, as the case may be, a copy of any public record.

(2) In case the designated official is of the opinion that; a.

the application is not in the form as has been prescribed;

b.

the applicant has not furnished necessary particulars or has not paid such fee as has been prescribed

c.

the applicant is not entitled to received such information

d.

the required information or, as the case may be, the required record does not constitute a public record under section 7;

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e.

the required information or, as the case may be, the required record constitutes a record which is excluded under section 8,

he shall record his decision in writing and the applicant shall be informed about such decision within twenty-one days of the receipt of the applicant. (3) The information form, or the copy of, any public record supplied to the applicant under the sub-section (1), shall contain a certificate at the foot thereof that the information is correct or, as the case may be, the copy is a true copy of such public record, and such certificate shall be dated and signed by the designated official. 14.

Subject to the provisions of this Act, a public body shall not be required to disclose exempt information.

15.

(1) Information may be exempt if its disclosure would be likely to cause grave and significant damage to the interests of Pakistan in the conduct of international relation.

Exempt information from disclosure International relations

(2) In this section, “international relations” means relations between Pakistan and (a) the government of any other foreign State; or (b) an organization of which only States are members 16.

Information may be exempt if its disclosure is like to-

Disclosure of harmful to law enforcement

(a) result in the commission of an offence; (b) harm the detection, prevention, investigation or inquiry in a particular case; (c) reveal the identify of a confidential source of information (d) facilitate an escape from legal custody; and (e) harm the security of any property or system, including a building a vehicle, a computer system or a communications system 17.

Information is exempt if its disclosure under this Act would involve the invasion of the privacy of an identifiable individual (including a deceased individual) other than the requester.

18.

Information is exempt if and so long as its disclosure-

Privacy and personal information Economic and commercial affairs

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(a) would be likely to cause grave and significant damage to the economy as a result of the premature disclosure of the proposed introduction, abolition of variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management; (b) would be likely to cause significant damage to the financial interest of the public body by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public body for the acquisition or disposal of property or the supply of goods or services, or (c) by revealing information to a competitor of the public body, would be likely to cause significant damage to the lawful commercial activities of the public body. Recourse to the Ombudsman

19. (1) If the applicant is not provided the information or copy of the record declared public record under Section 7 within the prescribed time or the designated official refuses to give such information or, as the case may be, copy of such record, on the ground that the applicant is not entitled to receive such information or copy of such record, the applicant may, within thirty days of the last date of the prescribed time for giving such information or, as the case may be, of such record, or the communication of the order of the designated official declining to give such information or copy of such record, file a complaint with the head of the public body and on failing to get the requested information from him within the prescribed time may file a complaint with the Ombudsman. (2) The Ombudsman may, after hearing the applicant and designated official, direct the designated official to give the information or, as the case may be, the copy of the record or may reject the complaint.

Dismissal of frivolous vexatious and malicious complaint

Offence

Indemnity

Act not to derogate other laws

20. Where a complaint instituted is found to be malicious, frivolous or vexatious, the complaint may be dismissed by the Ombudsman, and fine may be imposed on the complainant up to an amount not exceeding ten thousand rupees.

21. An person who destroys a record which at the time it was destroyed was the subject of a request, or of a complaint with the intention of preventing its disclosure under this Act, commits an offence punishable with imprisonment for a term not exceeding two years, or with fine, or with both. 22. No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or any rules made there under.

23. The provisions of this Act shall be in addition to, and not in derogation of, anything contained in any other law for the time being in force.

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24. If any difficulty arises in giving effect to the provisions of this Act, Government may, by order in the official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

Powers to remove difficulties

25. (1) Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act

Power to make rules

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for:(a)

the fee payable for obtaining information from, and copies of the public record

(b)

the form of application for obtaining information from, and copies of the public record, and

(c)

the form in which information from public record shall be furnished DR. ISHRAT-UL-EBAD KHAN GOVERNOR OF SINDH

Karachi

Dated the 10th August, 2006

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