Right to Information Act, 2064 (2007 )
Date of Authentication and publication
5 Shrawan (21 July 2007)
An act No 4 of the year 2064
AN ACT TO MAKE PROVISION FOR RIGHT TO
INFORMATION
Preamble, Whereas;
it is expedient to make the functions of the sate open and
transparent
in accordance with the democratic system and to make responsible and
accountable to the citizen; to make the access of citizens simple and easy to
the information of public importance held in public bodies; to protect
sensitive information that could make adverse impact on the interest of the
nation and citizen, and for the necessity to have legal provisions to protect
the right of the citizen to be well-informed and to bring it into practice, the
'Legislature-Parliament' has enacted this Act.
Chapter- one
Preliminary
1.
Short title and commencement: (1) This
Act may be called 'Right to Information Act, 2064 B.S. (2007
A.D.).
th
(2) This Act shall come into force
from the 30 (Thirty) day of
certification.
2.
Definition: Unless the subject or context otherwise requires,
in this Act:
(a)
"Public
Body" means the following body and institution list:
(1)
A
body under the constitution,
(2)
A body established by an Act,
(3)
A
body formed by the Government of Nepal,
(4)
Institution
or foundation established by the law, public service.
(5)
Political
Party or organization registered under the preventing law.
(6)
Body Corporate under the full or partial ownership
or under control of the Government of Nepal or such body receiving grants from
the Government of Nepal.
(7)
Body Corporate formed by a Body established by the
Government of Nepal or the law upon entering into an agreement,
(8)
Non-Governmental Organization/Institutions
operated by obtaining money directly or indirectly from the Government of Nepal
or Foreign Government or International Organizations/Institutions,
(9)
Any other Body or Institution prescribed as Public
Body by the Government of Nepal by publishing notice in the Gazette.
(b)
"Information" means any written
document, material, or information related to the functions, proceedings
thereof or decision of public importance made by a Public Body.
(c)
"Public Importance" means a subject
related directly or indirectly with the interest of citizens.
(d)
"Document" means any kind of scripted
document and the word shall also includes any audio visual material collected
and updated through a mechanical medium or that can be printed or retrieved.
(e)
"Right to Information" means the right
to ask for and obtain information of public importance held in the Public
Bodies and this term shall also include the right to study or observation of
any written document, material held in Public Body or proceedings of such
Public Body; to obtain a verified copy of such document, to visit or observe
the place where any construction of public importance is going on and to obtain
verified sample of any material or to obtain information held in any type of
machine through such machine.
(f)
"Information Authority" means a person
appointed in pursuant to with Section 6.
(g)
"Chief"
means the Chief of a Public Body.
(h)
"Commission" means the National
Information Commission constituted in pursuant to Section 11.
(i)
"Chief Information Commissioner" means a
person appointed pursuant to Section 11.
(j)
"Information Commissioner" means a
person appointed pursuant Section 11.
(k)
"Prescribed" or "as
prescribed" means prescribed or as prescribed in Rules framed under this
Act.
Chapter- 2
Right to Information and
Provision Regarding the Flow of Information
3.
Right to Information: (1) Every
citizen shall, subject to this Act have the right to
information.
(2) Every
citizen shall have access to the information
held in the
public
Bodies.
(3)
Notwithstanding anything provided in Sections (1)
and (2), the information held by a Public Body on the following subject matters
shall not be disseminated:
(a)
which seriously jeopardizes the sovereignty,
integrity, national security, public peace, stability and international
relations of Nepal.
(b)
which directly affects the investigation, inquiry
and prosecution of a crime.
(c)
Which seriously affects on the protection of
economic, trade or monetary interest or intellectual property or banking or
trade privacy.
(d)
Which directly jeopardizes the harmonious
relationship subsisted among various cast or communities.
(e)
Which interferes on individual privacy and
security of body, life, property or health of a person.
Provided that, a public Body
shall not refrain from the responsibility of dissemination of information
without appropriate and adequate reason not to flow the information.
(4) If a
Public Body has both the information in its record that can be made public and
that cannot be made public in accordance with this Act, the Information Officer
shall have to provide information to the applicant after separating the
information which can be made public.
4.
Responsibility of a Public Body: (1) Each
Public Body has to respect and protect
the right to information of citizen.
(2)
Public Body shall have following responsibilities
for the purpose of Sub-Section (1):
(a)
to classify and update information and make them
public, publish and broadcast,
(b)
to make the citizens' access to information simple
and easy,
(c)
to conduct its functions openly and transparently,
(d)
to provide appropriate training and orientation to
its staffs,
(3)
Public Body may use different national languages
and mass media while publishing, broadcasting or making information public in accordance
with Section (a) of Section (2).
5.
Updating and Publication of
Information: (1) A
Public Body shall keep its information updated.
(2) A Public
Body, as long as possible, shall update at least of twenty years old
information from the commencement of this Act related to it in pursuant to
Sub-Section (1).
(3) A Public Body shall enlist
and publish its following information:
(a)
structure
and nature of Body,
(b)
functions,
duties, and powers of Body,
(c)
number
of employees and working details of Body,
(d)
service
to be rendered by the Body,
(e)
branch
and responsible officer of the service providing Body,
(f)
fee
and time limit required for service,
(g)
decision
making process and authority,
(h)
authority
to hear appeal against decision
(i)
description
of functions performed
(j)
name
and designation of Chief and Information Officer
(k)
list
of Acts, Rules, By Laws or Guidelines
(l)
updated description of income, expenditures and
financial transactions.
(m)
other particulars as prescribed.
(4)
Public Body shall have to update and publish the
information in accordance with Sub-Section (3) within three months from the
date of commencement of this Act and in every three months thereafter.
6.
Provision of Information Officer: (1) A
Public Body shall arrange for an Information
Officer for the purpose of disseminating information held in its office.
(2)
For the purpose of disseminating information in
accordance with Sub-Section (1), the Chief has to regularly provide information
held in the office to the Information Officer.
(3)
Public Body shall set up an Information Section
for the purpose of disseminating information as per necessity.
7.
Procedures of Acquiring Information: (1) A
Nepali Citizen, who is interested to obtain any
information under this Act, shall submit an application before concerned
Information Officer by stating reason to receive such information.
(2)
If an application is received pursuant to
Sub-Section (1), Information Officer should provide the information immediately
if the information by its nature could be provided immediately and has to
provide within fifteen days from the date of application if the information by
its nature could not be provided immediately.
(3) If
information cannot be provided immediately pursuant to Sub-Section (2), Information
Officer should instantly give a notice with reason to the applicant.
(4) Notwithstanding
anything contained in Sub-Section (3), if the requested information is related
to the security of life of person, the information officer should provide such
information within Twenty Four hours of such request.
(5)
Information Officer has to provide information in
the format as demanded by the applicant as much as possible.
(6)
Notwithstanding anything contained in Sub-Section
(5), if any possibility subsist that the source of information may be damaged
or destroyed or spoilt if it is provided in the format as requested by the
applicant, the Information Officer shall provide such information in
appropriate format with stating reason thereof.
(7)
If any individual submitted an application to
study or observe the document, material or activity pursuant to Sub-Section
(1), the Information Officer shall provide a reasonable time to the applicant
for the study and observation of such document, material or activity.
(8)
While examining the application received in
pursuant to Sub-Section (1), it is found that the information demanded by the
applicant is not related to such Body, the Information Officer should give
notification to the applicant immediately.
8.
Fee for information: (1)
Applicant shall pay fee as prescribed while requesting information
pursuant with Section 7.
Provided that, if different fees are prescribed
for any specific information in the prevailing law, it shall be collected
accordingly.
(2)
The fee structure, pursuant to Sub-Section (1),
shall be based on the actual cost of providing information.
(3)
If the fee prescribed pursuant to Sub-Section (2)
is deemed more than the actual price, the concerned person may file a petition
before the Commission.
(4)
While examining the petition pursuant to
Sub-Section (3), the commission may order to review the fee if it is found in
contrary to Sub-Section
(2).
9
Complaint may be made: (1) If,
Information Officer, does not provide information,
denies to provide information, partially provides information, provides wrong
information or does not provide information by stating that the applicant is
not a stakeholder, the concerned person shall make a complaint to the Chief
within (7) days from the date of information denied or partially information
received.
(2) While
investigating the complaint received pursuant to Sub-Section (1), the Chief
shall order the Information Officer to provide information as demanded by
applicant if it is found that the information was denied or partially provided
or wrong information was provided and the Information Officer has to provide
information to the concerned applicant if such order is issued.
(3)
While conducting investigation pursuant Sub-Section
(2), if it is found that the Information Officer denied to provide information
or partially provided the information knowingly or with mala fide
intention or provided wrong information, the Chief may take departmental action
against such Information Officer.
(4)
While investigating pursuant to Sub-Section (2),
if it is found that the information cannot be provided; the Chief shall make a
decision accordingly and provide a notice stating the reasons to the applicant.
10.
Appeal can be made: (1) An
individual, who is aggrieved by the decision of the Chief
made pursuant to Sub-Section (4) of Section 9, shall appeal before the
Commission within Thirty Five (35) days of the notice of decision received.
(2) Commission
may summon and take statement of the concerned Chief or Information Officer,
order to submit a document, take statement of witness and
evidence or demand copy of the document
from a Public Body while deciding the
appeal received pursuant Sub-Section (1).
(3)
In the course of proceeding and deciding the
appeal pursuant to Sub-Section (2), the Commission may do as following:
(a)
May order the concerned Chief to provide
information, within a given time, to the appellant without fee, if appeal is
found reasonable.
(b)
May
dismiss the appeal if it is found not reasonable.
(4)
The Commission has to give final verdict on the
appeal within sixty days of the appeal.
(5)
Other procedures to be followed by the commission
during appeal pursuant to this Section shall be as prescribed.
Chapter 3
Provision Regarding
Commission
11.
Provision Regarding Commission: (1) There
shall be an independent National Information
Commission for the protection, promotion and practice of right to information.
(2)
A Chief Information Commissioner and two other
Information Commissioners shall be in the commission.
(3)
In order to appoint Chief Information Commissioner
and Information Commissioner, there shall be a committee comprised as follows:
(a)
The Speaker – Chairperson
(b)
Minister or State Minister for Information and
Communication – Member
(c)
President,
Federation of Nepalese Journalists – Member
(4)
The Government of Nepal, on the recommendation of
the Committee under Sub-Section (3), shall appoint a Chief Information
Commissioner and Information Commissioners, at least one female shall be
included in such appointment.
(5)
The Committee pursuant Sub-Section (3) shall
follow the inclusive principle as much as possible while recommending for
appointment of Chief Information Commissioner and Information Commissioners.
(6) The
procedures of recommendation pursuant to Sub-Section (3) shall be as determined
by the Recommendation Committee itself.
12.
Qualifications: One shall
have the following qualifications to be appointed for the post
of the Chief Information Commissioner and Information Commissioners:
(a)
Nepali
citizen,
(b)
holding
at least a Bachelor Degree from a recognized University,
(c)
having at least fifteen years of working
experience in the field of Mass communication, law justice, public
administration, information technology or management.
13.
Disqualifications: A person
with any of the following disqualification shall be disqualified
to be appointed in the post of Chief Information Commissioner and Information
Commissioners:
(a)
not having the qualification pursuant Section 12,
(b)
convicted by the court in a criminal offence with
moral turpitude,
(c)
incumbent employee of Government or Public
institution,
(d)
incumbent in any political position,
(e)
Disqualified for appointment under the prevailing
laws.
14.
Tenure of Office: (1) The
tenure of office of the Chief Information Commissioner
and the Information Commissioner shall be for five years and s/he shall not be
re-appointed in the same Post.
(2) Notwithstanding
anything contained in Sub-Section (1), the Information Commissioner may be
re-appointed in the post of Chief Information Commissioner subject to the
provision of tenure of office stated in the same Sub-Section.
(3)
The
recommendation committee pursuant to Sub-Section (3) of Section 11, shall recommend for new appointment of
Chief Information Commissioner and Information Commissioners one month
period to the expiry of the tenure of the office .
15.
Post to be Vacated: The post
the Chief Information Commissioner and Information
Commissioner shall be considered vacant under the following conditions:
(a)
In
case of his/her death,
(b)
In
case, s/he completes the age of 65 years,
(c)
In
case, s/he tenders resignation to the Prime Minister,
(d)
In
case, his/her term of office is completed,
(e)
In case, s/he is convicted by the court in a
criminal offence with moral turpitude ,
(f)
In case of s/he is removed from the post pursuant
to Section 16.
16.
May Remove From Office: If the
meeting of the Legislature-Parliament endorse
the recommendation of the information and communication related committee of
the Legislature-Parliament, with the two third majority of meeting presented by
at least two third members out of total members, for removing Chief Information
Commissioner or Information Commissioner on the ground that s/he is not fit to
hold office for the reason of incompetence or misbehavior or not carrying out
the duties honestly, such Chief Information Commissioner or Information
Commissioner shall be removed from his/her office.
Provided that, the Chief Information Commissioner
or Information Commissioner charged with such accusation shall not be denied
for reasonable opportunity of clarification.
17.
Provision Regarding the Conditions of Service: The
remuneration, conditions of service and
facilities for Chief Information Commissioner and Information Commissioner
shall be as prescribed.
18.
Oath of Office: Before
taking charge of the office, the Chief Information Commissioner
shall take the oath of office before the Prime Minister and the Information
Commissioner before the Chief Information Commissioner respectively in the
format as laid down in the Schedule.
19.
Functions, Duties and Powers of
the Commission: In
addition to the functions, duties and powers
stated elsewhere in this Act, the functions, duties and powers of the
Commission shall be as follows:
(a)
To observe and study the records and documents of
public importance held in Public Bodies,
(b)
To issue order to such Body to enlist and manage
the records, documents and other materials pertaining the information
(c)
To issue order to the concerned Public Body to
make information public for citizen's notification,
(d)
To prescribe timeframe and order concerned Public
Body to provide information demanded by applicant within such timeframe.
(e)
To order concerned party to fulfill the liability
as mentioned in this Act.
(f)
To provide necessary suggestions and
recommendations to the Government of Nepal and other bodies related to
information and communications regarding the protection and promotion of right
to information.
(g)
To issue other appropriate orders regarding the
protection, promotion and exercise of right to information.
20.
Delegation of Power: The
commission may delegate any of the functions, duties or
powers, except the power to hear and decide an appeal under Section 9, to the
Chief Information Commissioner, Information Commissioner or any other body or
official, subject to the terms and conditions prescribed for that purpose.
21.
Office of the Commission: The central
office of the
Commission shall be located in Kathmandu Valley and the
Commission may open its offices in various
places of the country as per necessity.
22.
Staffs of the Commission: (1)
Required number of staffs shall be there at the Commission.
(2)
The Government of Nepal shall manage the staffs
required for the Commission.
23.
Expenditure of the Commission: (1) The
Government of Nepal shall arrange necessary
budget for the Commission.
(2)
The Commission shall also receive necessary
financial resources from other sectors after getting prior permission of the
Government of Nepal.
24.
Cooperate with the Commission: Public
bodies shall provide necessary cooperation in the activities of the
commission.
25.
Annual Report: (1) The
commission shall submit annual Report of its activities to the
Legislature-Parliament through Prime Minister.
(2) The
Commission shall publish, the Annual Report pursuant Sub-Section
(1) publicly
for the purpose of public notice.
26.
Contact With the Government of Nepal: The Commission shall
contact with
the Government of
Nepal through the
Ministry of
Information and
Communication.
Chapter- 4
Provision Regarding
Protection of Information
27.
Provision Regarding
Classification of Information: (1) For
the protection of the information related to
Sub-Section (3) of Section 3, held in public Body, there shall be a committee
as following to classify the information in policy level:
(a)
Chief Secretary of the Government of Nepal-
Chairperson
(b)
Secretary of the concerned Ministry – Member
(c)
Expert of concerned subject assigned by the Chief
of Office or Chairperson – Member
(2) The
Committee pursuant to Sub-Section (1), regarding the classification of
information under Sub-section 3 of Section (3), has to inform the Commission by
determining the number of years the information should be kept confidential and
method for the protection of information.
(3)
A person, who is not satisfied with the
classification made by the committee pursuant to Sub-section (2) may file a
review petition before the commission to make the information public.
(4) The
Commission, shall if it finds that any information need not be kept
confidential in the course of review of the petition pursuant to Sub-section
(3), issue an order to public such information.
(5) The
information classified pursuant to the Sub-Section (2) may be kept confidential
for a maximum period of thirty years, according to the nature of the
information.
(6) Notwithstanding
anything contained in Sub-Section (5), the Committee shall review in every ten
years that any information classified as confidential is necessary to keep as
confidential or not.
(7)
While reviewing pursuant to Sub-Section (6), the
Committee, if finds necessary to keep such information confidential for
additional period, may decide the duration and classify as confidential for
that period or may classify as non-confidential if finds not necessary to keep
confidential.
28.
Protection of Information: (1)
Public Body shall protect the information of personal
nature held in for preventing unauthorized publication and broadcasting.
(2)
Personal information held in public Body, except
in following conditions, shall not be used without written consent of concerned
person.
(a)
In case of preventing a serious threat to life and
body of a person or public health or security.
(b)
If required to be disclosed in accordance with
prevailing laws.
(c)
If required to control the offence of corruption.
29.
Protection of Whistleblower: (1) It shall be a
responsibility of an employee of
a Public Body to provide information on any
ongoing or probable corruption or
irregularities or any deed taken as offence
under the prevailing laws.
(2)
It shall be the duty of the information receiver
to make the identity of whistleblower in accordance with Sub-Section (1)
confidential.
(3)
The whistleblower shall not be terminated from
his/her post or punished with any legal responsibility or caused any loss or
harm for giving information pursuant to Sub-section (1)
(4)
If any punishment or harm is done to the
whistleblower against Sub-Section (3), the whistleblower may complaint, along
with demand for compensation, before the commission for revoking such decision.
(5)
While investigating the complaint pursuant to
Sub-Section (4), the Commission may order to revoke the decision of removal
from the office if so removed from office and for the compensation if any
damages caused to the whistleblower.
30.
Providing Personal Information: (1)
Concerned Body shall provide information to the concerned
person holding a public post, if such concerned person demands information of
during his service in the public Body.
(2)
if a person demands for information related with
him/her held in Public Body that Information shall be made available to that
person.
(3)
The procedure for demanding and acquiring
information pursuant to Sub-Section (1) shall be as mentioned in Section 7.
(4)
Fees to received the information pursuant to
Sub-section (1) shall be as prescribed in Section 8.
31.
Information not to be Misused: (1) A
person who obtains information from a Public
Body shall not misuse the information by not using it for the same purpose that
was considered.
(2)
The concerned Public Body may complain to the
Commission against a person who misuses the information against Sub-Section
(1).
Chapter- 5
Provision Regarding
Punishment and Compensation
32.
Punishment: (1) If the
Commission finds that Chief of public Body or Information
Officer has held back information without valid reason, refused to information
or provided partial or wrong information or destroyed information; the
Commission may impose a fine to such Chief or Information Officer from Rupees
One Thousand Rupees to Twenty Five Thousand Rupees and if such Chief or
Information Officer is in eligible for departmental action, it may write to the
concerned Body for departmental action.
(2)
If the Chief of a public Body or Information
Officer, delay to provide information which has to be provided on time without
reason, shall be punished with a fine of Two Hundred Rupees per day so is
delayed to provide the information.
(3)
If the Commission writes to the concerned Body for
Departmental action pursuant to Sub-Section (1), the Public Body shall take
Departmental action against that Chief or Information Officer within three
months and notify the same to the Commission.
(4)
The Commission may impose a fine between Five
Thousand Rupees to Twenty Five Thousand Rupees considering that seriousness of
misuse of information if any person is found misusing the information acquired
from public Body instead of using it for purpose it was obtained for.
(5)
The Commission may impose a fine up to Ten
Thousand Rupees to the concerned person in case its decision or order pursuant
this Act is not abided by.
33.
Compensation: (1) If
person incur losses and damages due to not providing information,
denying to provide information, providing partial or wrong information or
destroying the information by the Chief or Information Officer of Public Body,
such person may file a petition before the Commission for compensation within three months from the date of
not acquiring information, acquiring partial or wrong information or
restriction of the information.
(2) If the application pursuant
to Sub-Section (1) is found reasonable upon the investigation, the Commission
may compensate the applicant from the concerned Body with reasonable amount
upon considering the actual loses.
34.
Appeal: A person not satisfied with the decision rendered
by the Commission
pursuant to Section 32, may appeal before
the Appellate Court within thirty five
days of decision received.
Chapter- 6
Miscellaneous
35.
Information may be Corrected: (1) If
anyone believes that the information in a Public
Body on a particular matter is wrong, s/he may file an application before the
concerned Chief along with necessary evidence for the correction of the
information.
(2) The Chief
shall conduct necessary investigation regarding the application pursuant to
Sub-Section (1) and if the information held in such Body is found wrong in the
course of investigation, he/she should inform the applicant upon correcting
within seven days from the date of application imformation.
36.
Save to Works done with Good Faith: Notwithstanding
anything contained elsewhere in this Act, no case
shall be filed and no punishment shall be imposed against the Chief or
Information Officer for his/her works regarding the dissemination of in forvevtion
good faith.
37.
To be Pursuant to this Act: All the
matters mentioned in this Act shall be carried
out in accordance with this Act, whereas other matters shall be dealt with
pursuant to prevalent laws.
38.
Power to Frame Rules: The
Government of Nepal, upon consultation with the Commission
shall frame necessary Rules to implement the objectives of this Act.
Schedule (Related to Section 18)
Oath
I
…………………….. ,hereby, faithful to the state and the people promise with truth and
trust/take
the oath in the name of God that highly respecting the shall expressed by the
people through the people's movement that Nepal's state authority and
sovereignty is to be vested only on the people, professing allegiance to the
constitution of Nepal and laws of the land, I shall carry out my
responsibilities with honesty and without any fear, sycophancy, partiality,
malice or greed, by honoring citizen's right to information and for the
effective implementation and practice of laws pertaining to right to
information.
(Source: Nepal Law Commission)
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