1. Short title, Extent and Commencement

1. The Act may be called the Orissa Right to Information Act, 2002.
2. It shall extend to the whole of the State of Orissa.
3. It shall come into force on such date as the Government of Orissa may by notification in Official Gazette, appoint.

2. Definitions

1. "Competent authority" means any authority or officer notified by the Government/organisation from time to time for the purpose of this Act.
2. "Government" means Government of Orissa.
3. "Information"means material or information relating to affairs of the State or any local body or other authorities constituted under an ecactment passed by the Orissa Legislative Assembly for the time being in force or Statutory Authority or a Company, Corporation, Trust, Firm, Society or a Cooperative society, or any Organisation funded or controlled by the Government or executing any public work or service on behalf of or as authorized by the Government ( obligation on the part of private bodies/organizations to be limited to supply of information relating to utilization of public funds);
4. "Right to Information" means the Right of a person for access to information and includes the inspection of works, documents, records; taking notes and extracts, obtaining certified copies of documents or records, or taking samples of material.

3. Right to Information:

Subject to the provisions of this Act, every citizen shall have right to obtain information from a Competent Authority by way of :

1. Inspecting the records and taking notes or extracts manually or by photocopying;
2. By obtaining photocopies of records, not covered under Restrictions;
3. By obtaining diskettes, floppies, any other electronic device, or through print outs, information stored in a computer or any electronic device.

4. Procedure for supply of information:

1. A person desirous of obtaining information shall make an application to the Competent Authority in writing in the prescribed form and upon payment of the prescribed fee, shall obtain a receipt for the same specifying the nature of the request and the date of receiving the same.

   Provided that where a person cannot, for valid reasons, make a request in writing, the Competent Authority may either accept an oral request which may subsequently be recorded or render reasonable assistance to such person in making a written request.

   Provided further, that the access fee to be charged will be notified from time to time to cover the cost of photocopying of the requested information or the cost of the diskette or cassette, as the case may be.

   Provided that the fee will be fixed depending on the nature of use of the information i.e. commercial or personal use.

2. Upon receipt of an application requesting for an information, the Competent Authority shall consider it and furnish the information required by the applicant or pass orders thereon refusing the request along with reasons of such refusal, as soon as practicable, and in any case, within thirty working days from the date of receipt of the application;

   Provided that where such information relates to the life or liberty of an individual, the Competent Authority shall either furnish information or pass order refusing the request along with reasons of refusal within 48 hours of the receipt of the application.

3. The information shall be preferably supplied in writing in Oriya (Official language of the State), failing which it may be supplied either in English or in Hindi (Official Language of the nation).

5. Restrictions on Right to Information

The Competent Authority may, for reasons recorded in writing, withhold -

1. Information, the disclosure of the contents of which will prejudicially affect the sovereignty and integrity of India or security of the state or international relations or cause communal or caste disharmony or administration of justice or investigation of an offence.

2. Information relating to an individual or other information, the disclosure of which has no relationship to any activity of the Government or which will not subserve any public interest and would constitute a clear and unwarranted invasion of personal privacy;

   Papers containing advice, opinion, recommendations or minutes submitted to the Governor for discharge of his Constitutional functions and any information, disclosure of which would prejudicially affect the conduct of the Centre-State relations, including information exchanged in confidence between the Centre and the Government or any of their authorities or agencies;

3. Trade and commercial secrets or any other information protected by Law (tenders, contracts, etc. not to be protected as secrets);

4. Information whose release would constitute a breach of privilege of the Parliament or Legislative Assembly;

   Provided that the Competent Authority shall, before withholding information under this Clause, refer the matter to the Legislature Secretariat for determination of the issue and act according to the advice tendered by that Secretariat;

5. Information whose disclosure would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or protection of public security.

   Provided that information, which cannot be denied to the State Legislature, shall not be denied to any person.

6. Procedure of disposal of Request for Information by the Competent Authority-

Where the Competent Authority does not have the information, he shall, within 3 working days from the date of the receipt of the request, transfer it to the Competent Authority with whom such information is available and inform the Applicant accordingly. Such superior authority shall, thereupon, furnish the said information within 21 working days from the receipt of the request from the competent authority.

Provided that where the request cannot be complied with for reasons falling under Clause 5 of this Act, the Competent Authority, or the superior authority as the case may be, shall, within 30 working days of receiving the request, reject the request and communicate to the party concerned,

1. the reasons for such rejection;
2. the period within which the appeal against such rejection may be preferred; and
3. the particulars of the appellate authority.

7. Appeals:

1. Any person aggrieved by an order of the Competent Authority or any person who has not received any order from the Competent Authority within thirty working days may appeal to the next higher authority; the list of such authorities to be displayed in public in the office concerned;

2. The aggrieved person may make a second appeal to the Lok Pal, whose decision shall be final.

3. No order adversely affecting any person shall be passed except after giving that person a reasonable opportunity of being heard.

4. Every appeal shall be disposed as expeditiously as possible and the endeavour shall be made to dispose of the appeal within 45 working days from the date on which it is presented.

8. Obligations on Competent Authority:

1. Every Competent Authority shall be under an obligation to maintain all its records, as per its operational requirements, duly catalogued and indexed and grant access to information, subject to the provisions of this Act, to any person applying in the prescribed manner for such access.

2. Government of Orissa may, from time to time, notify schemes and programmes, whose disclosure will be obligatory. Every Competent Authority, before sanctioning or initiating or causing to sanction or initiate any project, scheme or activity as may be specified by the State Government, shall publish or communicate to the public in general, and to the persons affected, or likely to be affected by the project in particular scheme or activity, the facts available to it or to which it has reasonable access.

9. Penalties:

1. Any person responsible for providing any information under this Act shall be personally liable for furnishing the information within the period specified.

2. Where a person responsible to supply information fails to furnish the information asked for under this Act within the time specified, or furnishes any information which is false in any material particulars and which is false or does not believe it to be true, he shall be liable, after such inquiry as may be necessary under the service rules applicable to him for imposition of such penalties as may be determined by the disciplinary authority under such rules. In addition, the disciplinary authority may order him to pay a fine of Rs.200/- per day for the period of delay after the day by which the information is required to be supplied.

10. State Council for Right to Information:

1. The Government shall, by Notification in the Official Gazette, establish with effect from such day as specified in the Notification, a Council to be known as State Council for Right to Information.

2. The State Council may consist of the following members-
   1. Minister in charge of the Department of General Administration in the Government, who shall be its Chairman
   2. Official Members not exceeding four;
   3. two MLAs to be nominated by the Speaker;
   4. non-official Members not exceeding four representing Journalists, Editors of Newspapers, News agencies, Non-Government Organisations.

3. The time, place and agenda of the meeting of the Council shall be fixed by the Chairman who shall conduct the business of such meetings as may be laid down by the Constitution of the Council which is required to be framed in its 1 st Meeting following its formation.

4. The object of the State Council shall be to promote right to information in the State and it shall deal with all matters related to right to information such as:
   1. review the operation of the Act and rules made thereunder
   2. review of the administrative arrangements and procedures to secure for citizens the fullest possible access to information;
   3. research and documentation as regards management of information with a view to improve the extent and accuracy of information being made available under the Act; and
   4. to advise the Government on all matters related to right to information, including training, development and orientation of employees to bring in a culture of openness and transparency.

11. An Act to have over-riding effect -

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith, contained in any other enactment of the Legislative Assembly, for the time being in force.

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