Amendment status not verified — confirm the current text below against the official source.
3018 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 (b) information, the disclosure of \Vhich may prejudicially affect public safety and order or which may lead to an incitement to conunit an offence or prejudicially affect fair trial or adjudication of a pending case, (c) information relating to Cabinet papers including records of the deliberations of the Council of Ministers, Secretaries and other officers, (d) information, the disclosure of which may harm, frankness and candour of internal discussions including inter departmental notes, correspondence and papers containing advice or opinion as also of projections and assumptions relating to internal policy analysis, (e) information, the disclosure of which may prejudice the assessment or collection of any tax, cess, duty or fee or assist in avoidance or evasion of the tax, cess, duty or fee, (f) information, the disclosure of which may constitute a breach of privilege of the Parliament or the State Legislature or may amount to violation of an order of a competent court, (g) information regarding trade or commercial secrets protected by law or information, the disclosure of which may prejudicially affect the legitimate economic and commercial interest or the competitive position of the State Government or a public authority ; or may cause unfair gain or loss to any person, (h) information, the publication of which has been orohibited bv the State Government bv way of notificatio; issued in exercise of any provision of this Act, (i) information regarding any matter the disclosure of which may, - (i) help or facilitate escape from legal custody or affect prison security ; .., THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 3019 (ii) impede the process of investigation or apprehension or prosecution of offenders ; (iii) prejudicially affect the enforcement of any law including detection, prevention, investigation or suppression of crime or contravention of any law or the apprehending of offender and the operations of any intelligence organisation including any operation aganist extremism, terrorism and insurgency, (iv) endangered 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; (v) prejudicially affect the fair trial or adjudication of a pending case or the proceedings of any Tribunal or public inquiry; (vi) reveal the existence or identity of a confidential record or source of infom1ation ; or may prejudice future supply of information relating to violation or contravention of any law ; (vii) prejudicially affect the ability of the State Government to management the economy or the legitimate economic or commercial interest of the State Government or a Public Authority ; or may cause unfair gain or loss ·to any individual or organisation ; (viii) cause unwarranted invasion to the privacy of an individual and which has no relationship to any public activity ; (j) information held in consequence of having been supplied in confidence by a person who- (i) gave me miormation uncter a guarantee that its confidentiality would be protected ; or (ii) was not under any legal obligation whether actual or implied to supply and has not consented to its disclosure ; 3020 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 Procedure 5. for supply of informa- tion. (k) the record and information referred to in Central Act section 123 and 124 of the Indian Evidence r~7~.of Act, 1872 and claimed privileged; (l) information on the following grounds also - (i) that the request is too general or is of such a nature that having regard to the volume of the information required to be retrieved or processed for fulfilling it, it would involve disproportionate diversion of the resources of the State Government or the Public Autpority, as the case may be, or would adversely interfere with the functioning of such Authority : Provided that where access is being refused on the ground that the request is too general it would be the duty of the Incharge of the Office concerned to render help as far as possible to the person seeking information to re-frame his request in such a manner as may facilitate supply of information, (ii) that the request relates to information that is required by law or convention to be published at a particular time ; or (iii) that the request relates to information that is contained in published material for sale. (1) Any person desirous of obtaining information shall make an application to the Incharge of the Office in the prescribed manner, along with such fee, in such form and with such particulars, as may be prescribed. (2) On reciept of an application under sub-section (1), the Incharge of the Office shall consider it and if the information is such which can be provided and do not fall within the category specified under sub-section (2) of section 4, the Incharge of the Office shall provide the information within thirty days of the receipt of the application. (3) Where the information sought by the applicant falls under any of the restricted / : THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7, 2002 categories specified under sub-section (2) of section 4, the Incharge of the Office shall refuse to provide the information and shall communicate his reasoned decision to the applicant within thirty days from the date of receipt of the application. ( 4) The information sought may be provided in the form it is available in the office by copying or photocopying the same which shall be certified, and signed and sealed on each page thereof by the lncharge of the Office. (5) 'When it appears to the Incharge of the Office that the information sought for by the applicant is not available in the office, he shall forward the application to the office where he reasonably believe the information· to have orginated or be available and communicate the same to the applicant. Appeals.