The Kerala Municipality Act, 1994
Chapter XXIV A RIGHT TO INFORMATION
Chapter XXIV A RIGHT TO INFORMATION
517A. DEFINITIONS
517 A. DEFINITIONS.— For the purpose of this Chapter,—
- (a) "Information" means any material or information contained in a document relating to the administrative, developmental or regulatory functions of a Municipality and includes any document or record relating to the affairs of the Municipality;
- (b) "right to information" means the right of access to information and includes the right for taking extracts or obtaining certified copy of any document;
- (c) "notified document" means any document of the Municipality notified by the Government under sub-section (2) of section 5173.
Chapter XXIV A RIGHT TO INFORMATION
517B. RIGHT TO INFORMATION
RIGHT TO INFORMATION.—
- (1) Every Person bonafide requiring any information shall have the right to Such information from the Municipality in accordance with the procedure prescribed.
- (2) Notwithstanding anything contained in sub-section (1), the Government may, in the interest of general and local administration, by notification in the Gazette declare any document containing special categories of information as notified document and no person shall have the right to know the information contained in such document" and the Municipality may reject any application for such information.
- (3) The Government may, by general or special order direct the Municipality to publish the categories of information specified in the Order for the general information of the residents of that Municipal area.
Chapter XXIV A RIGHT TO INFORMATION
517C. PROCEDURE FOR FURNISHING INFORMATION
PROCEDURE FOR FURNISHING INFORMATION.—
- (1) A person requiring any information from a Municipality shall make an application in that behalf to the Secretary of that Municipality in such form and manner and on payment of such fees, as may be prescribed and the Secretary or the officer authorised by the council shall furnish the information to the applicant within such period as may be prescribed unless the application is rejected or otherwise disposed of within that period.
- (2) If any application for information is rejected, the reasons for such rejection shall be given in writing.
Chapter XXIV A RIGHT TO INFORMATION
517D. PENALTY FOR WITHHOLDING INFORMATION
PENALTY FOR WITHHOLDING INFORMATION.—
- (1) The Secretary or any officer of the Municipality responsible for furnishing any information under this Chapter shall be personally liable for furnishing the same within the prescribed period, unless such information is in respect of a notified document.
- (2) Where such information is not furnished within the time prescribed, the officer responsible for non-supply of the information shall be punishable with a fine of rupees fifty for each day of such delay after the last day for furnishing the information and the fine so realised shall be credited to the fund of the Municipality.
- (3) If the Secretary or any other officer of the Municipality responsible for furnishing the information, under this Chapter fails to furnish such information or furnishes false information on its material particulars which he knows to be false or not true or sufficient reason to believe it to be false, he shall be punishable with a fine which shall hot be less than rupees one thousand.
Chapter XXIV A RIGHT TO INFORMATION
517E. PROTECTION OF ACTION TAKEN IN GOOD FAITH
PROTECTION OF ACTION TAKEN IN GOOD FAITH.— Notwithstanding anything contained in section 517D, the Secretary or the officer responsible for furnishing the information after conducting though search for a document, finds that the document concerned is not available or not traceable by reason of the expiry of the period for preservation of the document or for any other valid reason and that the information cannot, therefore, be made available, he shall inform the applicant accordingly; within the time prescribed and dispose of the application and on it no action shall lie against the Secretary or the officer.
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