In addition to a new Clause on Compensation ( to be dealt separately) and new Provisions on Public Authority and Public Information Officer already suggested, the following additional provisions are necessary to be incorporated into the Draft Bill in keeping with the corresponding provisions mentioned in the Freedom of Information Bill 2000. The formulations of these new provisions being self-explanatory, there is no need for any further argumentation by way of justification:
Severability:
If a request for access to information is rejected on the ground that it is in relation to information which is exempted from disclosure, then notwithstanding any thing contained in this Act, access may be given to that part of the record, which does not contain any information that is exempted from disclosure under this Act and which can reasonably be severed from any part that contains the exempted information.
Third party information:
Where a public authority intends to disclose information on a request made by a party which relates to, or has been supplied by a third party and has been treated as confidential by that third party, the Public Information Officer shall by notice to such third party invite representation against the proposed disclosure, if any within seven days from the date of receipt of such notice.
Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interest of such third party.
Power to make rules by the State Government:
The State Government may make and thereon publicise the general rules in all mass media including the Official Gazette to carry out the provisions of this Act within one month of the enactment.
Power to make rules by the public authorities:
The various Public Authorities as re-defined in the Clause 2, and on whom the Act is binding shall make their respective rules for carrying out the provisions of the Act and shall publicise them in all possible media so as to ensure their out-reach to their clientele population, within 3 months of the enactment.
In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
Power to remove difficulties