GUWAHATI, April 1 ? The Assam Legislative Assembly today passed the Assam Right to Information Bill to provide for right of access to information to the citizens of the State. The Bill aims to provide right to information to promote openness, transparency, and accountability in administration and to make democracy more meaningful. The Bill, with the report of the Select Committee of the House, was moved in the Assembly by the Minister of State for Home, Sri Pradyut Bordoloi on behalf of the Chief Minister, Sri Tarun Gogoi and it was passed by voice vote.
As per the Right to Information Act, any person, who desires to obtain information would have to make an application to the in-charge of the concerned office in the prescribed manner along with a fee and the particulars prescribed. On receipt of the application. The incharge of the office would consider it and if the information can be provided and do not fall within the category of the specified information, the same would be provided within 30 days from the receipt of the application. If the information sought for falls under the restricted categories, the incharge of the office will communicate the refusal to the applicant within 30 days. If it appears to the office incharge that the information sought by the applicant is not available in the office, he will forward the application to the office where he reasonably believes the information is available. Any person aggrieved by the reply of the officer-in-charge can appeal before the controlling officer and then before the Assam Administrative Tribunal and it an offices incharge, without any reasonable cause, fails to supply the information sought for or furnishes false information, he will be liable to face disciplinary action under the service rules governing the services of the officer concerned.
However, the offices of the Central Government, any establishment of the armed forces, Central para-military forces, any body or corporation owned or controlled by the Central Government, the High Court of Assam and other Courts of law including the tribunals and other organisations which has the status of a Court and whose proceedings are deemed to be judicial proceedings, the secretariat of the Governor of Assam, the secretariat of the Assam Legislative Assembly and any office, body or authority as may be notified by the Government are exempted from the purview of the Act. The Act also specified certain information, which will not be revealed to the citizens under the provisions of the Act.
The Act said that no person would be given 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; information, the disclosure of which would affect the Centre-State relations including information exchanged in confidence between the Central and State governments or any of their authorities or agencies; information, the disclosure of which may affect public safety and order which may lead to an incitement to commit an offence or affect fair trial or adjudication of a pending case; information relating to cabinet papers including records of the deliberation of the Council of Ministers, secretaries and other officers; information, the disclosure of which may harm frankness and candour of internal discussions including inter-departmental notes; information, the disclosure of which may prejudice the assessment or collection of any tax, cess or fee; information, the disclosure of which may cause a breach of privilege of the Parliament or state legislature or any competent court; information regarding trade or commercial secrets, the disclosure of which may affect the legitimate economic or commercial interest or the competitive position of the state government; and any other information, the disclosure of which is prohibited by the state government.
The Act also prohibits disclosure of information, the disclosure of which may help or facilitate escape from legal custody or affect prison security, impede the process of investigation or apprehension or prosecution of offenders, affect the enforcement of any law including detection, prevention, investigation or suppression of crime, endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purpose, affect the fair trial, reveal the existence or identity of a confidential record, cause unwarranted invasion to the privacy of an individual etc. It may be mentioned here that the Right to Information Bill was moved in the last session of the Assembly but after certain matters raised by the members of the House, the Bill was sent to the select committee of the House. Today, the House passed the Bill with the amendments recommended by the select committee.