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巴基斯坦的法律

Right of Access to Information Act, 2017 (Act No. XXXIV of 2017)

颁布于 2017-10-16 · 文本截至 2026-10-01

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关于这部法律

语言
English
类型
法令
国家
巴基斯坦
主题
General
关键词
access-to-information, corruption, governance, human rights, offences/penalties, data collection/reporting

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  1. 2. Defigitiotrs.-ln this Act, unless there is anything repugnant in the subject or contcxl,- (i) 'rrppeal" means any grievancc lod8cd ill writirg hr- an applicant \ ilh th€ lnformatiorr Cornmrssion iD accordance \\,ith section I7; (ii) 'applicart'' means a cilizcn of Pakistan, as deflned in law. who lodges a request or aly person who is actinS for or on behalf of such a person; (iii) "designaled official rneans an official ofa public body .lcsignated a\ such ir accordance wilh seclion 9: (iv) 'lnfomurion Commission rncans thc Pakistan Commission on Access t( hlbmalion eslahlishcd rn accordance with section lE; (v) "$forma ion" rncans inl'ornalion bascd on rccord; (vi) 'llational security" means lhc marters pcflainin8 to thc integrity. sccurily ('r defencc olPakislan or any part thercol: (vii) 'lrcscribcd' means prcscribcd bi rulcs or regulations nrade under tLis Acl; (viii)'lrincipAlollicer"rnca s- (.1) in cise ofthc Icdcral Covernmcnt's Ivlitristries and Dilisions. the Secretary tllercot arrd PARr Il THE CAZETTE oF PAKISTAN, EXTRA., OCTOBER 15,2017 1565 (b) in all other cases, the head or chief exebutivc of the public k)dy by whatever designation identified; (ix) "public hody" means- (a) .rnr- Minist4, Division. attached department or subordinate ollice, including autono ous bodies of the Federal (iovemment; (b) nny Fcderal and any municipal or local authority set up or estahlished by or under any Federal law: (c) the National Assemt'ly and the Scnate including their secnetariats! committees and members; (d) an), statutory corprrration or other body corpoiate or institution set up or established or owned or controllcd or funded by the Federal Govemmcntl (e) any court. tribunal, commission or board undcr the Federal (D any incorporated or uniucorporated body of lhe Federal Govcmment functioning under the control or authoriB- of another public body or wherein one or morc public bodics own or have controlling interest or provide substantial funding; (g) any other organisalion *fiich undertales a public function. to the extcnt ofthal function; and (h) a non-govemmental organisation which directly or indircctl)' receives or has received public flrnds, subsidy, ta\ c\cnrplion. piecc of land or any other benefit involving public lirnds and any other non-Sovemmental organisstion or body rcgistered uDder any law for the timc being in fortc; (x) "record" nrears a public record as defined in section 6; (xi) "rEquest" means a request for acce$ to information and includes a request fbr access to a speoific recordl and (xii) 'tight of access to infornation" means the right of access to informatron accessible und€r lftis Act which is held by or under the conlrol of any public body and includes the right of acc€ss to 1566 Tllll CAZE TIE OF PAKISTAN, EXTRA., OCTOBER 16,2017 [PARrl informatirn, documents or record in digilal or prinled form. as thc case may be.

  2. 3. RiBht to have accecc to informrtion rol to be deried.-<l) Subject to the provisi)ns of this Act, no applicant shall be denied acccss lo information or record teld by a public body. (2) This Act rfiall be interpreted so as to advance its purposes as set otlt in the presmble and to-- (a) promote the right ofaccess to information; and (b) facilitate ard encourage prorptly the disclosure ofthe information at the lo$est and reasonable cost,

  3. 4. Mairtetr:rrce .trd itrdexitrg oI recod,-{1) Subject to the provisions of this Act and rules mad€ lhereundcr, the principal omcer of each public body shall ensure thatthe record hcld by that body is properly maintained, so as to cnablc it 1o corlply with its obligations under this Act. (2) Each public body shall brin8 ils record managemenl praclices in line with lhc Secretariat Instructions, 2004 or any other instructio s ol thc Federal Govemment.

  4. 5. Publicrtion erd avsilobility of r.cord. 1l)Theprincipal officer of cach public body shall, r,vithin six months of the commenccment of this Acl. ensure thar the follorvirg categories ol- inlbrmalion and record are dul) publishcd including uploading o\er the lntemet in a manner which besl ensures that these are accessible subject t,) reasonable resrictions based on limited resources:- (a) dcscripticn of the public body's organisation and functions. duties, powers and any services rl provides to the public, inclucling a directory of its officers and emphyees, indicatirrg their dutics arrcl functions and their respective remunerations, perks and pri"ilcgesi (b) stduGs, statutory rules, rcgulations, by€-laws, orders and notificati(,ns, etc. applicable to thc public body disclosing the datc ol'their respective commencement or effect; (c) subslantire or procedural rules and rEgulalions o[ gcneral application evolved or adopled by rhe public bodt". including an1 m.rnuals cr policies used by rls employees: (d) relevant {acts and background infoamation retating to important policies and decisions which havc been adopted, along wilh a stltement ofthe policies adopted by the public body and the critefla PAR1 ll THE GAZETTE OF PAKISTAN, IIXTRA., OCTOBER 15,201? 1567 standards or guidelines upon which discretionary powcrs arc excrcis€d by it; (e) the conditions upon which members ofthe public can acqurre any licence, permit, consenl, approval. grant, allolment or orher benelirs of whatsoev€r nature from any public body or upon which hansactions, agreements and contracts, including contracts of employment which can be enlered into with the public body, along with particulars aboul lhc rccipients of any concessio|, pcrnrit. licence or authorisation granted b! lhe public body; (f) a description of its decision nraking processes as defiDed in the Fedeml Covemmenfs Scaietariat Instructions, 2004 and any instructions for the time being in force for public to providc input jnto or b€ consulted aboul decisions; (g) detailed budget ofthe public body, including proposed and actual expenditures, original or rcvised r€venue targets. actual revenue receipts, revisions in the approved budget and the slpplementary budget; (h) the m€thods whereby informntion iD the possession or conlrolofthc public body rnay be obtained and the prescribed f'ee required alonS with the name, title and conlact dctails ofb\e designated offrcialsl (i) reports including perfornrancc repor1s, audit repons, evaluation reports, inquiry or inrestiSstion rcports and other repons thal have heen finalised: (j) such other mattcrs \r'hich the principal officer of tlrc public body deems fit to be published in thc public intcrest; (k) such other information as may b€ prcscribed; and ( l) camera footages at public places, wherever available, \rhich havc a bearing on a crime: Provided that if the information or rccord pertains to a perrod earler than the -,-ear 200t, the same shall be published within rca-sonable time.

  5. 6. Declentiotr of public record.-Subject to the provisions of scclion 7. the following r€cord of all public bodics is hereby declared to be the pubtic record, namely:- (a) policies and guideli,res; 1568 TII E CAZT ITE Of' PAKISTAN. EXTRA.. OC I'OBER I 2011 (b) han$cti)ns involving acquisition and disposal of property and expendit rre undcrtaken by a public body in the pcrformance of its duties alld functions; (c) informat on regardinS grant of licenccs. allotments and other bencfirs, privileges, conracts and agrcemcnls rnade by a public body; (d) final ordr)rs and decisions, including decisions relaling lo mcmbers olpublic;and (c) any odra record which may be notil'ied by the Minisler-in-charge ol the Fede,al Govcrnment e5 lublic record for thc purposes of this

  6. 7. Erclulioi ofccitiin record.-NothinB co[hineti in scclion 6 shall apply to the following .ecord of all puhlic bodies, namely: (a) noting on the files, subject to a final decisiol by the public body; (b) minulcs cfmcetings, suhject to a fin.l decisio:r by the public body; (c) any intermediary opinion or rcco,nmcndation, subject 10 r flnal decision by the public body; (d) record ofthe banking companies and firancial inrtitutions relating to th€ accounts oftheir customers; (e) record reletin8 to defence aorces, defence installalioris or connected thercwitt and ancillary to defencc and national security exoluding all conlmr)rcial and welfrre activhics: (f) record d(rlarcd as classified by the Minister-in-charge of the FedeEl Covemment: Provid(d thal the Minister-in-charge of the F'ederal Govcrnment shall ha!'e to record reasons as to why the harm [r'om disclosure of information outweigfis public interest and further lhat information pertaining to allegation ofcorruption and violation of hrman rights shall not be excluded; (s) tecoad relating to the p€rsonal privacy ofany individual; and (h) re'cord ofl)riyatc documents lirmished to a public bodr,.either on an express or implied condition that information conrained iI any such documents shall not bc disclosed to a third party. PARr Il THEGAZETTEOF PAKISTAN, EXTRA.. OCTOBER 16,2017 1569

  7. 8. Computerisation and volutrtary disclosur€ of record.-Each public body shall endeavour to ensure within the time prescribed in section 5 and that all record accessible under this Act is computcrised and is available online so that authorized access [o such public records is facilitated-

  8. 9. Designated olficinl.-Each public body shall. withil thirtt day-s ol the commencement of this Act, notily one or more designaled ofl'icials, nol bclorv the rank ofan officcr in BPS-19 or equrvalent: Proyided that where no designated olficial has been notificd or he is absent or not available, principal officer of the public body shall bc the designated official: Provided turther thar ilr tase of non-governmental organization, it nrar" designate a senior officer as per its organizational struclure.

  9. 10. Futrctions ofdesignrled omcial.--{ l) Sllbje.l lo lhc provisioni of this Act and the rules madc thcreunder, the d€signated ot'ficial shall be responsible for ensuring that requests are dealt wiLh promoting fLrll cornpliance by the public body of its obligatioDs under this Act. (2) A designated official shall, as may be prescribed, assist applicant \\ho is having problems due to any disability in dcscribing the inlbflnstion soughl in sufficient dctail to cnable the public body to locate that infoonation I l. Requests.--{l) Subjecl to the provisions ofthis Act and the rules rnade thereunder, a citizen of the Islarnic RepLrblic of Pakistan may make a requcst to a public body through the designated officia!. (2) Arequeslundersub-section(l)shall be in writing and nrade inan) manner in which thc public bod), has the thcilities 1() recei'vc it. including irr pe.son, by lllail, fax, online or e-mail. (:l) Any wri(ten request which identifies the illfo ration or record sought in sufllcicnt detail, to enable the public body to locare it and *hich includes a cornplete addrcss and contact details for deliveN ofthe information or record, shall be treated as a requesl. (a) Subjcc( b sub-section (3), a public body rnay provrde a presc|ibed fofln lor nraking requests. (5) In no case shall an applicant be required to provide reasons for his rcquest -fHE t570 CAZIiT]'tJ Of PAKISTAN EXTRA OCTOBER 16 201',7 PARI I 12. wbere inforErtion requcsted for is not held.-lvherc a public body does not hold informalion or rccord, the applicant shall bc inlbrmed accordin8ly within ten working days oflho receipt o[the request.

  10. 13. Procedure for acceptance .Ed refusal of requests.--{l) The designated oflicial shall provide a wri[cn acknowledgement in resporrse to a rcquest. (2) I'he desiSnated official shall process the request and by notice in v,riling inlbrm the apFlicant thal- (a) the requ0st h.s been acknowledged and thc applicant is entitled to receive the information or record. subjcct to the paymcnt ol- prcscnb:d fcc. On payment of the fee the designared oflicial shall provide lhe requested record; or (b) tlrc requ( st has been rejected- (r) on he basis that it does not comply with thc provisions ofthis Acl and thc rules nrade thereunder but only aftcr rcquisite assrstance has been otTcred to the applicant as mcntioned rn sub-section (2) ofsection 10, (ri) on dre basis that thc information is already available in a geneaally accessible form in which case the nolicc shall ind cale to fie applicant the place fiom whcre the inlbrmation ma. b€ found: (iii) on the basis that rr rs incorrcct, b€causc it rolates to inf(.rmation which is substantially the same rnlormation thal has already b€en provided to the samc applicant dLrring last six ' mo ths; or (iv) in whole or in pan, on the basis that the iflfonnation is exe npt subject to seclion ? or seotion 16, in which case the notic€ shall specily the exact cxccption relicd upon and - spe.:ilying details regarding the riSht olth€ applicant to appeal aBa nst this decision. (3) Where irfomation or a record is provided in accordance \rith clause (a) oI sub-section (2), it shall be accompanied by a certificate whlch may be affixed to the infomration or record at the foot thereof. or as appropriatc, to the effbcl that the informatio is correct or, as the cas€ may be, the cop), is a true P^Rr Il THE GAZETTE OF PAKISTAN, EXTRA., OCTOBER 16,2017 l57l copy of the original reco.d and such certificate shall be dat€d and signed by the desitnaied olficial. (4) Where the designated olTicial rofus€s a requcst, hc shall, before iuforming the applicant of such refusal, obrain wrinen approval of the principal ollicer of the public body.

  11. 14. Time-limit for rupordirg.-{l) Subject to the provisions of this Act, a public body shall be required to respond to a request as soon as possiblc and in any casc within ten working dsys ofreceipt of the rcqucsr. (2) The period stipulated in suLsection (l) nray bc cxtended by rnaxirnum of further ten \rorking dals .,',here it is nccessxry u4r€n the request rcquires s search through a large nurnbs ofrccords or records located iI differenl offices or consullation is required with thrrd panies or other public bodies. (i)Information nceded to protect the life and liberty of any individual shall be pror idcd within threc uorkinS days.

  12. 15. Fc€ for rDqucals.-Prescribed fee may be charged for tlle cosr ol rcproducirg ilfomution and sending it to thc applicrnt. l6r ItrforD.tioo ercupt froD dit l6rrt-(l) Subjcct kr rhe provisions ofthis Act.- (a) fl public body shall nol be .€quired to disclose cxel)pt irtbrmotion,- (i) provided that where onl, part ofe rccord or thc informnti(rn falls wilhin lte scope of the exc-eptiofls proviCed lbr in this Act, rhar pan shall b€ severed and thc rcsidual rccord or information shall be provided to fie applicant; and (ii) ifits disclosure is likcly to caus€ damagc to thc intercsts oflhe lslEnric Republic of Pakistan in rhe conduct of irtemational rclations. E planation.--ln this s€ctior! 'intemalional rclations" means reladons berwe€n lslarnic Repnblic ofPakistan And (A) the govcmmcnt ofany other fbrcigr Stalc; and (B) or8anisation ofwhich only Slatcs arj rnernbers. (b) inlbnnation may be exenrpt ifits disclosure is likely lrF t512 THE GAZEfTE OF PAXISTAN, EXTRA,, OCTOBER 16,2OI7 IPART I (i) result in the commission ofan offence; (iit hanr lhe det.ction, prevenlion, investi8ation or inquiry ill a part cular cas€; (iiD rev€al the identity of a confidential source of infomationt (iv) faci itate an escepe from legal custody; or (.) harrr the securiry of ony property or system, including a builJing, a vehicle, a computer system or a communication syst )m; (c) informati)n is €xempt if its disclosur€ under this Act would involve invasion of privacy of an identifirbl€ individual, including a deceased individual, other than the applicant. This exception shall not apply where- (i) the third party has consented to the disclosure of the information; (ii) the )erson making the request is the guardian ofthe third party or tre next of kin or the ex€cutor of the \\'ill of a deceascd thiil party; or (iii) the lhird party is orr as an o{ficial ofa public body and the information relates to his funchons as a public official, (d) informatirn is exempt if ard so long as ils disolosure is likely to cause- (r) darage to the economy as a resuh ofpremature disclosure o[ a p'oposed introduction, abolition or variatiorl of any tax. dut), interest rate, cxchange rate or an), other instrument of ecoromic managemenl; (ii) danage to the financial intcrests of the public body by givilig an rDreasonable advantage to any persorr in relation 1o a con ract which thal person is seekiDg to enter into with fie pub ic body for acquisilion or disposal of property or suppll ofgrods or seryicesi or (;ii) dai.a8e to lawful commercial activities oflhe public bod),; (e) irformati)n may tc exempt if its disclosure is likely to cause serio!s prejudice to the- PART I] THE GAZETTE OF PAKISTAN, EXTRA, OCTOBER 16,20I7 I573 (i) defencr or sccurity ofPakistsn; or (ii) the capability, efl-ectiveness of armed forces of Pakista-n or other law enforc€mcnt ogencics; (0 informAtion rnay be exempt if its disclosure is likely to endangcr life, liberty, he{llh or safety ofany individuell (B) iflformotion may b€ exempl if- (i) the information w&s obtained from a third party a'rd on its communication it would constituE an actionable breach of confidcnc€: or (ii) thc information wos obt ined in confidence fiom a third parr]" end it conlains a trade s€cret or if communicaterl it mal' prejudice the commercial or finarrcial inlerests of that third Pary; (h) information may be exempt if it is privileged from production in legal proceciirgs, r less the person entitled lo the privilcge has waived it; (i) infonnation may b€ exempt ifits disclosure is likely to- (i) csuse pr€judicc to lhc etTeclive formulation or developNent of Sovernment policyl (ii) frustrate the success of a policy, L,y prcnr{turc disclosurc ol that policy; (iii) undennino lhe delrbcralive process in a public body by inhibiting thc free .rd frank provision of rdvice or cxchange ofviews; (iv) undennines the effectiveness of s testing auditing pmcedure used by a public body; (v) prejudice the proceedings in a court or a tribunal; and (vi) disclose privilegcd inform.tion shored hotween counsel and the clicnl; (J) infonnation in rEspect ofa crime may not be eriernpt, except lhc information rclatilrS to- 1514 THE CAZEITE OF PAKISTAN, EXTRA,, OCTOBER 16,2OI7 [PN{TI (i) the rrevention or detectiofl ofcrimel (i0. the rpprehension or prosecution ofoffenders; (iii) the ministrationofjustice; (i") the operation of the immigration controls excluding cxit con rol Iist (IICL); (\) the maintenance of security and good ordcr in prisons or in oth( r institutions where persons are lawfully detained; and (\'i) any civil proceedings which are brought by or on behalf of a public body or arise o,( ofan inv€stigation conducted; and (k) the exenirtions set out in section l6 shall cease to apply aftcr every t\venry y(:ars and that record ofpublic bodies shall be made public.

  13. 17. App€al.-{l) An applicant who is not satisfied by decisioD ol'the designated official or $r'here no decision has been communicated to hirn u.thin the time fixed for such decis'ion, he may, rvithin a period not exceeding thirty days after eithcr recci/ing a decision or after the timelimit for suoh a decision has passed. prefcr an a rp€al to the Information Commission. (2) An appeal under sub-section (1) shall be free ofcharge. (3) Thc Information Commission cstablished undcr scction I8 shall decide an appeal under sub-section (l) wilhin a pcriod ofsixtl'da)'s. (4) the pub.ic body shall, in an appeal under sub section (l), bear the burden ofproofol showing that it acted in accordance silh thc provisions of this Act.

  14. 18. InformarionCommission.-{1) withnr six months of the commencement of tlLis Act, the Prime Minister shall establish Pakistan Commission on Acc:ss 1o lnformalion to bc known as lLe Inlbrmation Commission. (2) 'the lnfJrmalion Commission shall crrjoy operational and administrative autonoflry, except as specifically provided for by this Act (3) The Infomation Commission shall comprise threc Commissioners to be appointed by the Prim€ Minister, with the following composition; namcl) :- (a) ooc mcaber shall be from amongst the persons qualllied to be a Judge of r High Court; (b) one mcmber who has been ir the service ofPakislan in BS-22 o. equiYaler t: and PART I] THE GAZE-ITEOI] PAKISTAN, EXTRA,, OCTOBER I6.20I7 ]575 (c) one memb€r shall be liom civil society having a degrce based on sixte€n years of cducalion from a recognized institution and experience of nol lcss than filicen years in the field of social sciencesi (4) No person shall be considered fo. appointment es Commissioner under suLseclion (l) unless he is less lhan sixty-fiye years ofage at the tinre of such appointmcnt. (5) The Information Commssion shall be hcad€d bl rlrc Chiei' Information Commissioner, who shall b€ appointed by the Prirne \linisler fiorn amongst the Commissioners, (6) The Chief lnforrnation Commissioner and the Commissioner\ \hall hold omc€ for a l€mi oi four years from the date on which they Lssume chnr -r,r. ,'l' their office and shall nol be €ligible for such reappointment. (7) The Chref Information Commissioner and lhe Commissioncrs shall not hold any oth€r public oflice or be colnected with any political party ar thc time of or during their appointmenl in thc Informelion Commission and, oner appointed, they shall work oll tull time basis and may not run any business or pursue any profession durinS lheir tenure as the Chief Information Commissioner and Commissioners. (t) The Chi€f lnformation Cunmissioncr and Conrmissioners shall bc removed if there are serious complaints of mental and physical incapaciry and misconduct against them, which are materially inconsistent Bith the status of being Chief Informa.tipn Commissioner or, as the case may be, a Commissioner. The complainl shall be lodged bcfore a five-member Parliamentary Comm;ttee comprising hvo Senators nominated by the Chairman Senste and three Members of Natiooal Assembly nominated by the Speaker Natroral Assembly. The Speakcr National Assembly shall nominate one of lhe five members as the Chairperson of thc said Pfirliamcnlary Cornmiltcc Provided that where lhe Natonal Assembly stands drssolved the Parliamcntary Commitlee shall comprisc five Senators and the Chairman Senate shall nominate one of the five Senators as Chairp€rson ofthe Parlia.menrary Committee. (9) Thc Parliamcntary Commitlce shall considcr lhe complaint record reasons and presen! its recommendfltions to the Primc Min;srcr who shall implement the relomn rendat ion s $rll'ir thidy day( fronr the datc of receipt ul' such recommendations,

  15. 19. Functions ofthc lnformitioD Commission.-<l) The lnlbrmalion Commission shall have the primary responsibility to receive and decide on appeals under seclion I7. 1576 TIIE GAZ]]TTE OF PAKIS'I'AN. EXI'RA , OCTOBER 16 2011 ,\RT I (2) 'lhe Infrrmation Commission shall, in addition to ils funclions lunder suLsecrion (l), p€rform the following functions, namely:- (a) compile a user-friendly handbook in Urdu and English dcscribiDg ill easily c,mprehensible fonn lhe riShts established by and how ({) rnake a requesl undca this Acl; (b) llave an accredited accornlant (o conduct an audit of its accolnls on arr annu:rl basis; (c) compile a comprchensive bi-Ennual report both des(ribing its olalr activitier;, including an ovediew of its audited accounts and providing tui overview of thc sctivitics undcrtaken by rll p blic Mies lr implement this Act.'fhis report shall be laid bcforc lhc Itarliomr'nt; (d) ensure thot alllhe illformatiol| under section 5 is madc public; and (e) cnsurc irnplenrcDtation ofthis Act and the record to b€ made public under drs Act.

  16. 20. Itoryeru of thc Infornrstiol Commission.-11) 'fhe Infbflnation Commission shall ha"e atl the pov/ers, direct or incidental, as are necessaq/ to perfon[ its functions a.5 provided for ir this Act ind thc porver to acquirc, holl and dispose ol propefly inc!uding the powcr to- (a) rnonilor and report on the compliarcc by public bodies rvith thcrr obligrlions under this Act; (b) co-oprrate \vi$ or lrndertake tmrning &:tivilics for public orTlcixls on .the right of acc4ss to information and thc effectivc irnple'Ilentation of lhis Acl: (c) publkise the requircments of this Act ,nd tlrc rights oI irCividuals thcrcIuder; (d) condnct inquiries in relalion lo &n appeal and for this purposc shsll havc the powers of o civil court irl respect of the following ' matte:s:- (i) summoning and enforcing.the attendancc of wilncsses and cornp.lling thcm to give oral or \r'riEen evidcnce on oath; and ( ii) requir ing public bodies to produce records as dclincd irr section 6 pertaining to lhe appeal: (e) order ,r public kxly to disclose i[formalion to an applicant or !o lake sich other rcasonrble ,neasures as it may dcem necesslly lo remedy any failurc to i,nplemenr the provisions ofthis Acr; PAR1 ll THE GAZETTE OF PAKISTAN, EXI RA-, OCTOBER t6,201? 1571 (0 impose on the olEcial a lue equivalent to his salary for one day, for a maximum ofone hundred days" who has acted willfully to obsEuct any activiry which is requircd !o be undertakcn by this Act, iDcluding preventing or delaying the disclosure of inform4tion to an applica.nt; (e) appoint its employees in prcscribed manner; and (h) the Information Commission after determination of willful destruction of record shall refer such Datters to the relevant agencies. (2) Non-compliarce of a decision of the lnformalion Commission under clauses (e) and (0 of sub.section (l) msy, if it has not been appcaled aS6inst within thirty days, be dealt wilh in thc same wny as contempt ofcoun.

  17. 21. Funding for the Inford.tio! Commbsion.-Tie Fedcral Gowmment shall make annual bud8et6ry allocalion to the Information Commission to discharge its functions under this Act.

  18. 22. Offetr.es.-{ I ) Any person who acts willfully to obstruct the implcmcntetion ofthis Act including by- (a) obstructing access to arry information or r€cord with a view to preventing the exercise ofa right provided for in this Act; (b) obstructing Ge performance bt' a public body of a duty under this Act: (c) interfering with the uork ofthe lnformation Commissio6; or (d) destroying a rccord without lawlul aulhorily, shall be punishable with a fine nol exceedinS filir- thousand Rupees. (2) ln addition 10 any other aclion thal may be ta-ken under ary other law for the time being in force, afly pcrson who willfully destroys a record which at the timc it was destroyed u'as thc subjcct of ar application for access to information or appeal or otherwise obsructs access to information which is the subject of an application or appeal, with the intention of preventing its disclosurc undcr this Acl, commits an offeDce punishable with imprisonment for a term which lay cxtend to two years or with finc uhich shall not be less than one hundred thousand Rup€€s or with both.

  19. 23. ItrdeEDit,.-No suit, proscculion op legal proceedilgs shall lic againsl the principal officer, designated official or any other person of a puhlic body in rcspect ofanyhing which in good faith is done or purported to have been donc undcr this Act and the rules madc thereu der. l57t TIIE CAZ ]TTE OF PAKISTAN EXTRA OCTOBER I 2017 I ^R'I

  20. 24. Recrritment in Informetion CoEmlsslor.-Excluding the Chief lnformation Commissioner and Commissioners, appoinhent ofolliccrs and staff in lnformation Comnission from 85.16 and above shall be made through Federal Public Servi.e Commission in line with the Federal Public Service Commission OrdinaD,re,l97l (XLv of 197'1) 25. -lct to overrid€ other l:rws.-Thc provisiorrs ol this Act shall have effect notwithslzndinlt 6n,,thing rnconsistent lherervilh contained in any other law for the time being in lbrcc.

  21. 26. Power lo mrke rul€s.-The Fedrral Covemmenl ma). by notification in the oft'cial Gazelle and within one hundrcd arrd tweno days from commencement of this ct, make rules for carr) in8 out thi purp$es ofthis Act.

  22. 27. Power,:o meke regul.tions.-The Information Commission ma)' make regulations, no inconsistent with the provisions of the rules made under section 26, regarding its inlemal proc€durcs and, wilhoul limiling the generality ofthe foreBoing, it,n:ry make rcgulations.€garding- (a) record nla agement standards; and (b) fee that may be charged for requesls; 6nd (c) proc.dure for procossing ofapp€als.

  23. 2E. Power to reDovc dimcuhy.-If any diflicuhy arises in giving effect to any of the Pmvisions of this Act, the Fedeml Govcmment msy make such order, not incon iislent with the provisions ofthis Acl as dcemed necessary for lhe purpose ofrenloving the diftioultyl Provided thal no such ordcr shall be made after expiry of one year lionr thq commenccment o'this Acl.

  24. 29. Reperl.-The Frcedom of Information Ordinancc, 2002 (XCVI of 2002) is hereby repealed. QAMAR SOHAIL LODHI Acting Secretary PRINTED BY THE MATACER, PRIN'NNG CORruRA ON OF PA(ISTAN PR LSS. ISLT{ MA BA I) PUBUSHIO DY IIIE DEPT TY CONTROI-I R, STATIONETY I! FoRMS,IINIVIRSIJ Y ROAD XAPIACH

Right of Access to Information Act, 2017 (Act No. XXXIV of 2017) · Nelum