1. (1) This Act may be called the Maharashtra Right to Information Act, 2000.
    (2) It shall come into force on such date as the State Government may, by notification in
         the Official Gazette appoint.

2. In this Act, unless the context otherwise requires -
    (1) " Competent Authority " means any authority or officer not below the rank of Deputy
    Collector or an Officer of an equivalent grade or above, empowered by the government, by
    notification, to be the Competent Authority for the purposes of this Act ;
    (2) " Government " means the Government of Maharashtra;
    (3) " information " includes a copy of any document relating to the affairs of the State or
    any local or other authorities constituted under any Act for the time being in force or a
    statutory authority or a company, corporation or a co-operative society or any organisation,
    owned or controlled by the Government.

3. (1) Every person bona fide requiring information may have access to such information in
        accordance with the procedure specified under this Act.
    (2) Notwithstanding anything contained in sub-section (1), no person shall be given -
        (a) information relating to defence security ;
        (b) information the disclosure of which will prejudice the security, integrity or
            sovereignty of the Nation or the security of the State;
        (c) information the disclosure of which would harm the conduct of international
            relations or affairs ;
        (d) information received in confidence from foreign governments, foreign courts or
            international organisations ;
        (e) information the disclosure of which would harm the frankness and candour of
            internal discussion, including, -
            (i) information relating to proceedings of Cabinet and Cabinet Committees;
            (ii) information relating to internal opinion, advice, recommendations, consultations
            and deliberations;
            (iii) information relating to projections and assumptions relating to internal policy
            options;
            (iv) information relating to confidential communications between departments, public
            bodies and regulatory bodies ;
            (f) information relating to confidential communications between Ministers and the
            Governor ;
            (g) information the disclosure of which would prejudice the administration of justice,
            including fair trial and the enforcement or proper administration of the law ;
            (h) information the disclosure of which would prejudice legal proceedings or the
            proceedings of any tribunal, public inquiry or other formal investigation (whether
            actual, or likely) or the disclosure of which has been or is likely to be addressed in the
            context of such proceedings ;
            (i) information covered by legal professional privilege ;
            (j) information the disclosure of which would prejudice the prevention, investigation
            or detection of crime, or the apprehension of offenders ;
            (k) information the disclosure of which would harm public safety or public order ;
            (l) information the disclosure of which would endanger the life or physical safety of
            any person, or identify the source of information or assistance given in confidence
            of law enforcement or security purposes ;
            (m) information the disclosure of which would increase the likelihood of damage to
            the environment ; or rare or endangered species and their habitats ;
            (n) information the disclosure of which would harm the ability of the Government to
            manage the economy, prejudice the conduct of official market operations, or could
            lead to improper gain or advantage to any person ;
            (o) information the disclosure of which would prejudice the assessment of collection of
            taxes, duties, or assist tax avoidance or evasion ;
            (p) information including commercial confidences, trade secrets or intellectual
            property the unwarranted disclosure of which would harm the competitive position of
            a third party ;
            (q) information the disclosure of which could lead to improper gain or advantage or
            would prejudice, -
                (i) the competitive position of a department or other public body or authority ;
                (ii) negotiations or the effective conduct of personnel management or commercial
                or contractual activities ;
            (r) information held in consequence of having been supplied in confidence by a person
                who, -
                (i) gave the information under a statuary guarantee that its confidentiality would be
                protected ; or
                (ii) was not under any legal obligation, whether actual or implied to supply it, and
                has not consented to its disclosure ;
            (s) information whose disclosure is prohibited under any enactment, regulation or
            international agreement ;
            (t) information the disclosure of which would constitute a breach of privilege of
            Parliament, Legislative Assembly or Legislative Council ;
            (u) the documents referred in sections 123 and 124 of the Indian Evidence Act, 1872 ;
            (v) any matter which is likely to, -
                (i) help the commission of an offence ;
                (ii) help or facilitate escape of an offender from legal custody or affect prison
                      security; or
                (iii) impede the process of investigation or apprehension or prosecution of offenders.

4. (1)  Any person who wants to have an access to the information may, make an application
    in the prescribed manner to the concerned Competent Authority.
    (2) Where an application is made under sub-section (1) and the information is not available
    with the Competent Authority but is available with another department or authority, the
    Competent Authority may transfer the application to the department or authority with
    whom such information is available and inform the applicant accordingly.  The department
    or authority to whom such application is transferred shall furnish to the applicant the
    information within thirty working days from the date of receipt of the application from
    the Competent Authority.
    (3) Where an application is so transferred to a department or authority by the Competent
    Authority under sub-section (2), the head of that department or the concerned authority
    shall be deemed to be the concerned Competent Authority.
    (4) Upon the receipt of an application requesting for an information, the Competent
    Authority  shall, consider and deal with if as follows, -
        (i) if the Competent Authority is in possession of the information requested and the
        information does not fall in any one or more categories mentioned in sub-section (2) of
        section 3, the Competent Authority shall supply the information to the applicant as far
        as may be practical within a period of thirty working days from the receipt of the
        application ;
        (ii) if the Competent Authority is in possession of the information requested but, the
        information sought falls in any one or more categories mentioned in sub-section (2) of
        section 3, the Competent Authority shall reject the request and communicate the
        reasons for the rejection to the applicant ;
        (iii) if the Competent Authority is dealing with the subject matter but the information
        cannot be compiled without considerable financial expenditure or without considerable
        extra work, the Competent Authority may after recording the reasons in writing, send a
        regret reply to the applicant.
        The Competent Authority shall, however supply any related information readily
        available.

5. (1) Any person -
        (a) who has not received any response to his application made under sub-section (1) of
        section 4 to the Competent Authority within a period of thirty working days from the
        date of his making the application, may, complain in writing to ;
        (b) aggrieved by the reject order or regret reply from the Competent Authority under
        sub-section (4) of section 4, may appeal to, the Government or to such other authority as
        may be notified in this behalf by the Government.
    (2) The decision of the Government or such other authority notified under sub-section (1)
        shall be final.

6. The Competent Authority shall charge fees for the supply of information as may be
    prescribed but, the same shall not exceed the cost of processing and making available such
    information.

7. No, suit, prosecution or other legal proceeding shall lie against any authority or person for
    anything done in good faith or purported to have been done in pursuance of this Act or the
    rules made thereunder.

8. If any difficulty arises in giving effect to the provisions of this Act, the government may, as
    occasion arises, by an order published in the Official Gazette, do anything not inconsistent
    with the provisions of this Act, which appears to it to be necessary or expedient for
    removing the difficulty : Provided that not such order shall be made after the expiry of a
    period of two years from the date of commencement of this Act.

9. (1) The Government may, by notification in the Official Gazette, make rules to carry out
    the purposes of this Act.
    (2) 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 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
    Houses agree in making any modification in rule or both Houses agree that the rule
    should not be made, and notify their decision to that effect in the Official Gazette, the rule
    shall, from the date of publication of such decision in the Official Gazette, 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 or omitted to be done under that rule.

STATEMENT OF OBJECTS AND REASONS.

In order to bring transparency in Government affairs and to provide the public the right to
access of information about the administration of Government and to enable them to get
details about the schemes of the Government, implemented by the various departments, and
to fulfill the demand of people, the Government of Maharashtra has decided to bring a
suitable legislation.

The Bill is intended to achieve the above objective.
 

Mumbai,      VAILASRAO DESHMUKH
Dated the 8th June 2000    Chief Minister

The Bill involves the following proposals for delegation of legislative power, namely:

Clause 1(2) - under this clause power is taken to the State Government to bring this Act into
force by notification in the Official Gazette, on such date as the State Government may
appoint.

Clause 2(1) - This clause empowers the State Government, to notify any authority or officer
not below the rank of Deputy Collector or of an officer of the equivalent grade or above as the
Competent Authority, for the purpose of this Act.

Clause 5(1) - This clause empowers the State Government, to notify the appellate authority
or the authority to whom complaint may be filed against the Order of Competent Authority or
inaction on  the part of the Competent Authority.

Clause 8(1) - This clause empowers the State Government, to issue an order for the removal
of difficulty in giving effect to the provisions of the Act.

Clause 9(1) - This clause empowers the State Government to make rules, by notification in
the Official Gazettes, for carrying out the purposes of the Act.

2.  The move mentioned delegation of a normal character.

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