Assam Right to Information Act, 2001
No: 9 Dated: May, 07 2002
THE ASSAM RIGHT TO INFORMATION ACt;;2001
ASSAM ACT No. IX OF 2002
An Act to provide for right to information to the citizens and in relation to the matters connected therewith 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 :-
1. Short title, extent and commencement:- (1) This Act may be called the Assam Right to Information Act., 2001.
(2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise 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 cause may 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 ;
(c) 'information' means and includes information relating to any matter in respect of life 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 incorporated under the Companies Act, 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
(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
(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.
3. Maintenance of record:- Every office of the State Government or Public 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.