section 3
Right of Access
The Tamil Nadu Right to Information Act, 1997General19977 sections
Statutory text
- (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 information relating to-
- (a) information relating to defence security;
- (b) information whose disclosure will prejudice the security, integrity and sovereignity of the Nation and the State;
- (c) information whose disclosure would harm the conduct of international relations or affairs;
- (d) information received in confidence from foreign Governments, foreign courts or international organisations;
- (e) information whose disclosure would harm the frankness and candour of internal discussion, including:-
- (i) proceedings of Cabinet and Cabinet committees;
- (ii) internal opinion, advice, recommendations, consultation and deliberation;
- (iii) notations and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options;
- (iv) confidential communications between departments, public bodies and regulatory bodies;
- (f) information relating to confidential communications between Ministers and the Governor;
- (g) information whose disclosure would prejudice the administration of justice, including fair trial and the enforcement of proper administration of the law;
- (h) information whose disclosure would prejudice legal proceedings or the proceedings of any tribunal, public inquiry or other criminal investigation (whether actual or likely) or whose disclosure is, has been or is likely to be addressed in the context of such proceedings;
- (i) information covered by legal professional privilege;
- (j) information whose disclosure would prejudice the prevention, investigation or detection of crime, the apprehension of offenders;
- (k) information whose disclosure would harm public safety or public order;
- (l) information whose disclosure would endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes;
- (m) information whose disclosure would increase the likelihood of damage to the environment or rare or endangered species and their habitats;
- (n) information whose disclosure 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 whose disclosure would prejudice the assessment or collection of tax, duties, or assist tax avoidance or evasion;
- (p) information including commercial confidences, trade secrets or intellectual property whose unwarranted disclosure would harm the competitive position of a third party;
- (q) information whose disclosure could lead to improper advantage or would prejudice-
- (i) the competitive position of a department or other public body;
- (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 statutory guarantee that its confidentiality would be protected;
- (ii) was not under any legal obligation, whether actual or implied, to supply it and has not consented to its disclosure.
- (v) any matter which is likely to-
- (i) help the commission of offence;
- (ii) help or facilitate escape from legal custody or affect prison security; or
- (iii) impede the process of investigation or apprehension or prosecution of offenders. (3)
- (a) Any person who wants to have access to the information may make an application in the manner prescribed to the competent authority in such form with such particulars, as may be prescribed.
- (b) Where an application is made under clause
- (a) 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 competent authority with whom such information is available and inform the applicant accordingly. The competent authority to whom such application is transferred shall furnish the information within thirty working days from the date of receipt of the application from the competent authority from whom it has been referred or received.
- (c) Where an application is so transferred to a department or authority, the head of that department or authority shall be deemed to be a competent authority. (d)
- (i) Upon the receipt of an application requesting for an information, the competent authority shall consider it and pass orders thereon either granting or refusing the request, as soon as practicable and in any case, within thirty working days from the date of receipt of application.
- (ii) In other cases, the competent authority shall take all reasonable steps to inform the applicant of its decision on the request as soon as practicable. (4)
- (a) If in the opinion of the competent authority any information, if disclosed, is likely to cause breach of the peace or cause violence or disharmony among the section of the people on the basis of religion, language, caste, creed, community or if it is prejudicial to public interest, the competent authority shall refuse to give information.
- (b) Any application made under clause
- (a) shall be rejected, for reasons to be recorded in writing, if in the opinion of the competent authority,-
- (i) any such information sought falls in any one or more categories of items listed under section 3 (2), or
- (ii) the disclosure of the information sought would be prejudicial to the maintenance of public order, or maintenance of essential services and supplies.
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