Sub Section (1) of Section 8and Section 9 of the Act enumerate the type of information which is exempted from disclosure. Sub Section (2) of Section 8gowever provides that information exempted under sub Section (1) or exempted under the official secrets Act 1923 can be disclosed if public interest in disclosure overweight the harm to the protected interest.Further sub Section (3) of Section 8 provides that information exempted from disclosure under Sub Section (1) except as provides in Clauses (a)(c) and (I) thereof, would cease to be exempted after 20 years from the date of occurrence of the related events.It may be noted that section 8(3) of the act does not require the public authorities to retain records for indefinite period
The records should be retained as per the record retention schedule applicable to the concerned public authority.Information generated in a file may servive in the form of an OM or a letter or in any other form even after destruction of the file/ record.The Act requires furnishing of information so available after the lapse of 20 years even if such information was exempt from disclosure under Sub Section (1) of Section 8.It means that the information which in normal course,is exempt from disclosure under Sub Section (1) of Section 8 of the Act would cease to be exempted if 20 years have lapsed after occurance of the incident to which the information relates.However the following types of informations would continue to be exempt and there would be no obligation even after lapse of 20 years,to give any Citizen.(a) Information disclosure of which would prejudicially affect the sovereignty and integrity of India ,the security, strategic, scientific or economic interest of the state ,relation with the foreign states or leads to incitement of an offence.(b) Information the disclosure of which would cause a breach of privilege of Parliament or state Legislature,or Cabinet papers including records of deliberations of the Council of Ministers , Secretaries and the other officers subject to the conditions given in provisos to clause (1) of sub Section (1) of Section 8of the Act ibid .
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