RIGHT TO INFORMATION ACT 2000
Parliamentary Affairs And Legislation Secretariat Notification
47,SHASANA 2000, Bangalore
Dated 7th February, 2001
Ordered that the translation of the Karnataka Right to Information Act,
2000 in the English language, be published as authorised by the Governor
of Karnataka under clause (3) of Article 348 of the Constitution of India
in the Karnataka Gazette for general information.
The following translation of the Karnataka Right to
Information Act, 2000 in the English language is published in the Official
Gazette under the authority of the Governor of Karnataka under clause
(3) of Article 348 of the constitution of India.
KARNATAKA ACT No. 28 OF 2000
(First Published in the Karnataka Gazette on the thirteenth day of December,
THE KARNATAKA RIGHT TO INFORMATION ACT, 2000
(Received the assent of the Governor on the tenth day of December,
An Act to provide for right of access to information
to the citizens of the State and in relation to the matters connected
therewith or incidental thereto.
Whereas, right to Government held information in accepted by the Supreme
Court as a part of right to speech and expression guaranteed to citizens
in the Constitution.
And whereas providing right of access to information to the citizens of
the State promotes openness, transparency and accountability in administration
and ensures effective participation of people in the administration and
thus makes democracy meaningful.
And whereas it is expedient to provide for right of access to information
to the citizens of the State and in relation to the matters connected
therewith or incidental thereto and for the purpose hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the
fifty first year of the Republic of India as follows:-
1. Short title and commencement:-
2. Definitions :-
- This Act may be called the Karnataka Right to Information Act,
- It shall come into force from such date, as the State Government
may, by notification, appoint and different dates may be appointed
for different provisions of this Act.
In this Act, unless the context otherwise requires;
a)“Competent authority” means head of the office or any officer or person
as may be notified by the State Government for the purpose of this Act:
Provided that where the Competent Authority transfers application to any
officer or person under the proviso to sub-section (2) of section 5, such
officer or person shall be deemed to be the "Competent Authority”
“Information” means information relating to any matter in respect of the
affairs of the administration or decisions of a public authority:
“Public authority” means:-
(i) all offices of the State Government including the Karnataka Public Service
(ii) all local authorities, all authorities constituted by or under any Act of
the State Legislature for the time being in force, a company, Corporation,
trust, society, any statutory or other authority, Co-operative society or
any organisation or body funded, owned or controlled by the State Government
but does not include :
3. Obligation of Public Authorities:-
- Offices of the Central Government.
- Any establishment of the armed forces or Central Para Military forces.
- Any body or corporation owned or controlled by the Central Government.
d) “Right to Information” means right of access to information from
any public authority:-
(i) by obtaining certified copies of any records;
(ii) by 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;
(iii) in such other manner as may be prescribed;
e) “Record” includes:-
(i) any document, manuscript and file;
(ii) any microfilm, microfiche and facsimile copy of document;
(iii) any reproduction of image or images embodied in such microfile (whether
enlarged or not) and
(iv) any other material produced by a computer or by any other device.
f) “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.
Every public authority shall :
(a) maintain all records in such manner and form as is consistent with
is operational requirements duly catalogued and indexed.
(b) publish at such intervals as may be prescribed:-
(i) The particulars of its organisation, functions and duties.
(ii) The powers and duties of officers and employees and the procedure followed
by them in the decision making process:-
(iii) The norms setup by the public authority for the discharge of its functions;
(iv) The details of facilities available to citizens for obtaining information;
(c) publish all relevant facts concerning such of the important decisions
and policies that affect the public as may be prescribed while announcing
such decisions and policies;
(d) before sanctioning or initiating or causing to sanction or initiate
any project scheme or activity as may be specified by the State Government,
publish or communicate to the public generally or to the persons affected
or likely to be affected by the project, scheme or activity in particular
in such manner as may be prescribed, the facts available to it or to
which it has reasonable access which in its opinion should be known
to them in the best interests of maintenance of democratic principles;
(e) publish such other information as may be prescribed.
4. Right to Information : -
(1)Subject to the provisions of this Act every citizen shall have the right to
Not withstanding anything contained in sub-section (1), no person shall
(a) information, the disclosure of which would prejudicially affect the
sovereignty and integrity of India, security of the State, strategic
scientific or economic interest of India or conduct of International
(b) information, the disclosure of which would prejudicially affect public
safety and order or which may lead to an incitement to commit an offence
or prejudicially affect fair trial or adjudication of a pending case.
(c) information relating to Cabinet papers including records of the deliberations
of the Council of Ministers, Secretaries and other Officers.
Provided that information regarding the decisions of the Cabinet along
with the reasons leading to the decision shall be made available and
every Government Order issued on the basis of the Cabinet decision shall
be accompanied by a statement explaining the reasons for and the circumstances
under which the decision is taken.
(d) information the disclosure of which would harm, frankness and candour
of internal discussions including inter departmental or intra departmental
notes, correspondence and papers containing advice or opinion as also
of projections and assumptions relating to internal policy analysis.
Provided that information regarding minutes or records, advice including
legal advice, opinion or recommendation made or given in respect of
the executive decisions or policy formulations shall be made available
after an executive decision s taken or policy formulation is done.
(e) information the disclosure of which would prejudice the assessment
or collection of any tax, cess, duty or fee or assist in avoidance or
evasion of the tax, cess, duty or fee.
(f) information the disclosure of which would constitute a breach of privilege
of the Parliament or the State Legislature;
Provided that the Competent Authority shall before withholding information
under this clause refer the matter to the Karnataka Legislative Assembly
Secretariat or the Karnataka Legislative Council Secretariat, as the
case may be for determination of the issues and act according to the
advice tendered by the Secretariat.
Provided further that in computing the period of fifteen working days
under sub-section (2) of section 5 for the purpose of this clause,
the time required for determination of issues under the first proviso
shall be excluded.
(g) information regarding trade or commercial secrets protected by law
or information, the disclosure of which would prejudicially affect the
legitimate economic and commercial interest or the competitive position
of a public authority; or would cause unfair gain or loss to any person.
(h) information regarding any matter which is likely to:-
(i) help or facilitate escape from legal custody or affect prison security;
(ii) impede the process of investigation or apprehension or prosecution
5. Procedure for supply of information:-
A person desirous to obtain information shall make an application to the
competent authority in the prescribed manner, along with such fee, in such
form and with such particulars, as may be prescribed.
Provided that the fee payable shall not exceed the actual cost of supplying information.
On the receipt of an application requesting for information, the competent
authority shall consider it and except for justifiable reasons, pass orders
thereon either granting or refusing it, as soon as practicable and in any
case within fifteen working days from the date of receipt of the application;
Provided that where the competent authority does not have the information,
he shall within fifteen days from the date of receipt of application transfer
the application to the officer or person with whom such information is available
and inform the applicant accordingly and thereafter such officer or person
to whom such application is transferred shall furnish information within
fifteen working days from the date of receipt of the application from the
Where a request is rejected under sub-section (2), the competent authority
shall communicate in writing to the person making the request:
- The reasons for such rejection.
- The period within which the appeal against such rejection may be preferred.
- The particulars of the appellate authority.
6. Grounds for refusal to supply information in certain cases:
Without prejudice to the provisions of section 4, the competent authority
may also reject a request for supply of information where such request:
(a) is too general in nature and the information sought is of such nature
that, it is not required to be ordinarily collected by the public authority.
Provided that where such request is rejected on the aforesaid ground,
it shall be the duty of the Competent Authority to render help as far
as possible to the person seeking information to reframe the request
in such a manner as may facilitate the supply of information.
(b) relates to information that is required by law, rules, regulations
or orders to be published at a particular time; or
(c) relates to information
that is contained is published material available to public.
(d) relates to personal information the disclosure of which has no relationship
to any public activity or which would cause unwarranted invasion of the
privacy of an individual except where larger public interest is served
Provided that the information relating to returns of assets and liabilities
filed by any Government servant shall be made available to the public.
(1)Subject to such rules as may be prescribed, any person :
(i) aggrieved by an order of the competent authority may, within thirty days
from the date of receipt of such order or
(ii) who has not received any communication within a period of fifteen working
days from the date of making application under section 5, may within thirty
days next after such period; appeal to such authority as may be prescribed
Provided that no appeal shall lie against an order of with holding of
information under clause (f) of sub-section (2) of section 4.
The appellate authority may, after giving the person affected a reasonable
opportunity of being heard, pass such order as it deems fit.
Any person aggrieved by the order of the appellate authority under sub-section
(2) may prefer an appeal to the Karnataka Appellate Tribunal.
Appeals referred to in sub-section (1) and (3) shall be disposed of within
thirty days from the date of receipt of such appeals.
8. Power to remove difficulties:-
If any difficulty arises in giving effect to the provisions of this Act,
the State Government may, by an order make such provisions not inconsistent
with the provisions of this Act and appear to them to be necessary of
expedient for removing the difficulty, provided that no such order
shall be made after the expiry of two years from the date of commencement
of this Act.
Where any competent authority, without any reasonable cause fails to supply
information sought for within the period specified under section 5 or
furnishes information which is false with regard to any material particulars
and which it knows or has reasonable cause to believe it to be false.
(1) the authority immediately superior to the competent authority may impose
a penalty not exceeding two thousand rupees on such competent authority
as it thinks appropriate after giving him a reasonable opportunity of
being heard and such a penalty shall be recoverable from his salary or
if no salary is drawn as arrears of land revenue; and he shall also be
liable to disciplinary action under the service rules applicable to him.
10. Bar of Jurisdiction of Courts:-
No Court shall entertain any suit, application or other proceeding in
respect of any order made under this Act and no such order shall be called
in question otherwise than by way of an appeal under this Act.
11. Act to have overriding effect:-
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law made by the State Legislature
in respect of any matter falling under State list or concurrent list except
the provisions of any existing law or a law made by Parliament in respect
of any matter falling under concurrent list.
12. Power to make rules:-
The State Government may, after previous publication by notification make
rules to carry out the provisions of this Act.
In particular, and without prejudice to the generality of the foregoing
power such rules may provided for all or any of the following matters,
(a) the fee payable under section 5.
(b) any other matter which is required to be, or may be, prescribed.
Every rule made under this Act shall be laid as soon as may be after it
is made, before each House of the State Legislature while it is in Session
for a total period of thirty days which may be comprised in one session
or in two or more successive sessions and if before the expiry of the
session in which it is so laid or the session immediately following, both
the Houses agree in making modification in the rule or both the Houses
agree that rule should not be made the rule thereafter, shall have effect
only in such modified form or be of no effect, as the case may be, so
however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
13. Repeal and Savings:-
The Karnataka Right to Information Ordinance, 2000 (Karnataka Ordinance
No.9 of 2000) is hereby repealed.
Notwithstanding such repeal anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under this Act.
The above translation of the Karnataka Right to Information Ordinance,
2000 be published in the Official Gazette under clause (3) of Article
348 of the Constitution of India.
GOVERNOR OF KARNATAKA
By order and in the name of the Governor of Karnataka
Secretary to Government
Department of Parliamentary Affairs and Legislation.