Sindh (Pakistan)
Name of law: The Sindh Transparency and Right to Information Act, 2016
First adopted: 2017
First adopted: 2017
Introduction
Colaborators
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 6 | 6 |
| 2 | Scope | 26 | 30 |
| 3 | Requesting Procedures | 16 | 30 |
| 4 | Exceptions & Refusal | 20 | 30 |
| 5 | Appeals | 18 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 12 | 16 |
| ∑ = 102 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | 19A Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law. | of the Constitution of the Islamic Republic of Pakistan |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 4 Access to Information - Subject to provisions of this Act and any rules made therein, an Applicant may, in the prescribed manner, exercise the right to acquire information and/or record held by any Public Body. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | Preamble AN ACT to provide for promoting transparency in the working of every public authority by setting out a practical regime for every citizen to secure access to information in a rapid and low cost manner under the control of public authorities, the constitution of a Sindh Information Commission and for matters connected therewith or incidental thereto. WHEREAS Article 19A of the Constitution of the Islamic Republic of Pakistan provides that every citizen shall have the right to access information in all matters of public importance, subject to regulations and reasonable restrictions imposed by law; Preamble. AND WHEREAS transparency and access to information are essential principles of democracy which not only enable the populace to hold the Governments and their institutions accountable but also help in improving the system of governance; AND WHEREAS it is essential that all citizens shall have right to information to participate meaningfully in the democratic process and further to improve their involvement and contribution kin public affairs; NOW, THEREFORE, it is expedient to provide for transparency and freedom of information to ensure that all citizens have better access to public information, to make the Government more accountable to citizens, to enforce the fundamental right to information in all matters of public importance, to ensure transparency in all Government matters and to provide for ancillary matters; 20. This Act and the rules shall be interpreted so as to advance the purposes of this Act and to facilitate and encourage, promptly and at the lowest reasonable cost, the disclosure of information and effective implementation of right to information. | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 2(a) In this Act, unless there is anything repugnant in the subject or context – (a) “Applicant” means a citizen of Pakistan or a legal person registered or incorporated in Pakistan, seeking information under this Act. 4 Subject to provisions of this Act and any rules made therein, an Applicant may, in the prescribed manner, exercise the right to acquire information and/or record held by any Public Body. | Only citizens, although it does also include legal entities |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2(g) In this Act, unless there is anything repugnant in the subject or context “Information” means any information held by a public body and includes any memo, book, design, map, contract, representation, pamphlet, brochure, order, notification, document, plans, letter, report, accounts statement, project proposal, photograph, audio, video, drawing, film, any instrument prepared through electronic process, machinereadable documents and any other documentary material regardless of its physical form or characteristics; | All information held; but very limited definition of document and this is used in other parts of the Act. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 4 Subject to provisions of this Act and any rules made therein, an Applicant may, in the prescribed manner, exercise the right to acquire information and/or record held by any Public Body. | Information and records |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 2(i) In this Act, unless there is anything repugnant in the subject or context: “Public Body” means: (i) a department, attached department, autonomous or semiautonomous body of the Government, a company of the Government or a special institution created by the 3 Government; (ii) a local government constituted under the Sindh Local Government Act, 2013 or any other law for the time being in force; (iii) Secretariat of Governor of Sindh; (iv) any Court, Tribunal, Office, Board, Commission, Council, or other body functioning in the province of Sindh; (v) Provincial Assembly of Sindh; (vi) statutory body established under a provincial law; and (vii) a non-government organization substantially financed by the Government or a local government; (viii) Secretariat of Chief Minister, Sindh. | Only secretariat of Governor and Chief Secretary; not clear all non-statutory bodies covered |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 2(i)(v) In this Act, unless there is anything repugnant in the subject or context “Public Body” means Provincial Assembly of Sindh. | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 4 | 2(i)(iv) In this Act, unless there is anything repugnant in the subject or context “Public Body” means any Court, Tribunal, Office, Board, Commission, Council, or other body functioning in the province of Sindh. | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | NO | 2 | 2(i)(i) In this Act, unless there is anything repugnant in the subject or context “Public Body” means a department, attached department, autonomous or semiautonomous body of the Government, a company of the Government or a special institution created by the Government. | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(i)(vi) In this Act, unless there is anything repugnant in the subject or context “Public Body” means statutory body established under a provincial law. | Covers all statutory bodies |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 2(i)(vii) In this Act, unless there is anything repugnant in the subject or context “Public Body” means a non-government organization substantially financed by the Government or a local government. | Only NGOs substantially funded by the government |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | Partially | 1 | 8(2) The Applicant shall be required to provide adequate description of the information and the details necessary to provide the requisite information. | Indicates what is needed to be provided, which does not include reasons, but does not specifically rule them out. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | 8(2) The Applicant shall be required to provide adequate description of the information and the details necessary to provide the requisite information. | Indicates what is needed to be provided, which does not include reasons, but does not specifically rule them out. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 8(1) Subject to the provisions of this Act, any applicant may make an application for obtaining information of the public body. The said application may be made in any form or manner to the Designated Official and duly acknowledged. | May be made in any form but not explicit that do not need to use the form. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 8(1) Subject to the provisions of this Act, any applicant may make an application for obtaining information of the public body. The said application may be made in any form or manner to the Designated Official and duly acknowledged. | "duly acknowledged" but could be clearer |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | 2(j) In this Act, unless there is anything repugnant in the subject or context “designated official” means a public information officer designated under section 7 of the Act | Various forms are listed as part of the right of access but there is no specific obligation to provide in the form requested. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 8(3) The Designated Official shall respond to the application as soon as possible and in any case within fifteen (15) working days. In case, the required information is not readily available, the Designated Official shall intimate the Applicant and take another ten (10) working days for responding to the application. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 8(3) The Designated Official shall respond to the application as soon as possible and in any case within fifteen (15) working days. In case, the required information is not readily available, the Designated Official shall intimate the Applicant and take another ten (10) working days for responding to the application. | 15 working days |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 8(3) The Designated Official shall respond to the application as soon as possible and in any case within fifteen (15) working days. In case, the required information is not readily available, the Designated Official shall intimate the Applicant and take another ten (10) working days for responding to the application. | Required to notify applicant but the reasons are not set out. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 8(7) The public body or the Designated Official shall not charge any fee for making a request other than cost of reproducing or sending the information in accordance with a centrally set schedule of costs stipulated by the Sindh Information Commission. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | YES | 2 | 8(7) The public body or the Designated Official shall not charge any fee for making a request other than cost of reproducing or sending the information in accordance with a centrally set schedule of costs stipulated by the Sindh Information Commission. | Limited to reproduction and delivery and set centrally but no free pages. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 15. Where a Designated Official has, without any reasonable cause, refused to receive an application, has not furnished information within time limits, or with malafide intent denied the request or knowingly gave incorrect, incomplete or misleading information, the commission may, after providing sufficient opportunity of defence to the Designated Official, direct the said officer to pay fine which may extend to ten percent (10%) of his basic pay. (1) Whosoever misuses the information obtained under this law with malafide intentions to exploit, the Information Commission may punish with a fine of Rs.1,00,000/- or an imprisonment of three months, or with both; (2) Whosoever misuses the information obtained under this law with malafied intentions to exploit, the Information Commission may, after providing sufficient opportunity of defense to that person, impose a penalty on that person, which may extend to Rs.1,00,000/- | Penalties for "misuse" of information |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 3 | 22 The provisions of Act shall take precedence over the provisions of any other law. | The law takes precedence over other laws but not crystal clear that this applies specifically to exceptions. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 8 | 10(1) The Designation Official or the Public Body may refuse an application for access to information where disclosure of the information, in their opinion, shall or is likely to: Exceptions. a) if it Causes harm to sovereignty and national integrity, that includes, national defence, security, public order and international relations of the country; b) Affect private sector interest, not related to public sector, unless the person connected has consented to disclosure of the information; c) Affect protection of legally privileged information or of the rules relating to breach of confidence; d) Affect legitimate intellectual property rights; e) Cause harm to life, health or safety or property of any person; f) Reveal the identity of a confidential source or hamper investigation of a case; g) Affect prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice; h) Affect the fundamental rights of a citizen; i) Cause damage to the economy as a result of premature disclosure of the proposed introduction, abolition or variation of any tax and affecting the economy of the country; or j) Affect the formulation of or success of a policy either by its premature disclosure or by restraining the free and frank provision of advice within the Government. k) Affect the fair evaluation of a candidate in a test, competition, examination, interview etc. | Affect private sector interest (too broad) or affect fundamental rights (again, too broad). |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 2 | 10(1) The Designation Official or the Public Body may refuse an application for access to information where disclosure of the information, in their opinion, shall or is likely to: Exceptions. a) if it Causes harm to sovereignty and national integrity, that includes, national defence, security, public order and international relations of the country; b) Affect private sector interest, not related to public sector, unless the person connected has consented to disclosure of the information; c) Affect protection of legally privileged information or of the rules relating to breach of confidence; d) Affect legitimate intellectual property rights; e) Cause harm to life, health or safety or property of any person; f) Reveal the identity of a confidential source or hamper investigation of a case; g) Affect prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice; h) Affect the fundamental rights of a citizen; i) Cause damage to the economy as a result of premature disclosure of the proposed introduction, abolition or variation of any tax and affecting the economy of the country; or j) Affect the formulation of or success of a policy either by its premature disclosure or by restraining the free and frank provision of advice within the Government. k) Affect the fair evaluation of a candidate in a test, competition, examination, interview etc. | 'Affect' intellectual property rights or prevention of crime. Also breach of confidence, success of a policy and testing but these were deemed to have some sort of harm implicit in them. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 10(2) Notwithstanding anything contained in sub section (1), if the Commission determines that the public in such disclosure outweighs the harm that shall or is likely to be caused by such disclosure, it may direct the Designated Official to provide the information. 13(1)(b) The Commission may determine the public interest in terms of Section 10 (2) of this Act. | Only applied by Commission and not designated officer and not mandatory. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 10(4) Provided, that the information withheld in accordance under this law shall be declassified after a period of ten years. | Declassification after 10 years but no requirement for current assessment. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned except for 10(1)(b) relating to private sector interest (which is not legitimate). |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 10(3) Where a part of a document is covered by an exception in sub section (1), any information in the document which is not covered by an exception shall be disclosed if it is reasonably severable from the rest of the document. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 8(5) Where the Designated Official decides not to provide the information, he shall intimate the Applicant the reasons for such decision along with a statement that the Applicant may file an internal review. | Reasons and right of appeal but not necessarily the exact grounds in the law. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 9. (1) Where the Designated Official decides not to provide the information, the Applicant shall request the head of the public body for internal review of the said decision, in relation to what the Applicant regards as involving. a) a failure by the Designated Official to comply with any provision of this Act including failure to communicate decision within the specified time; or b) unreasonable behaviour by the Designated Official in the exercise of any direction under the Act; or c) provision of incomplete, misleading or false information under the Act; and d) any other matter relating to requesting or obtaining access to information. (2) The Applicant shall, within sixty (60) days from the date of communication of the decision of the Designated Official or his failure to provide information within the stipulated time, submit a request, in writing, under sub-section (1) and specify remedy which the Applicant seeks against the of the Designated Official. (3) The officer before whom an application for internal review is filed under this Section may exercise any of the powers of the Designated Official under this Act and shall, within thirty (30) days of the receipt of the application: a) Confirm, modify or reverse the decision of the Designated Official; b) Notify the decision of internal review to the Applicant including reasons for the decision; and c) Order departmental action against the Designated Officials if found negligent in performance of duties under this Act. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 11(1) Anyone who believes that his request has not been dealt in accordance with the provisions of this Act has the right to lodge a complaint with the Commission to this effect. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | 12(2) The Information commission shall be an independent statutory body, which shall enjoy operational and administrative autonomy from any other person or entity, including government and any of its agencies, except an specifically provided for by law. (4) The Information Commission shall comprise of three members appointed by the Government on such terms and conditions as may be prescribed and until so prescribed, as are determined by the Government. (5) The Information Commission shall be headed by the Chief Sindh Information Commission. Information Commissioner, who shall be a retired Senior Government Servant not below the rank of BPS-20 and shall be appointed by the Government. (6) The Information Commission, besides the chief Information Commissioner shall comprise of two other Members to be known as Commissioners, who shall be appointed in the following manner: a) One Advocate of High Court or Supreme Court, who is qualified to be a Judge of High Court; and b) A person from the civil society having experience of not less than fifteen (15) years in his profession. (7) The Chief Information Commissioner and the Commissioners shall hold office for a term of three (03) years from the date on which they assume office and shall not be eligible for reappointment. (10) A Commissioner may be removed by a positive vote of not less than two of the other Commissioners on grounds of failure to attend three consecutive meetings of the Information Commission without cause, inability to perform the duties of a Commissioner, failing to fulfill conditions for being a Commissioner or conduct which is materially inconsistent with the status of being a Commissioner. (11) Notwithstanding any other Section, the Government may initiate the process of removing any Commissioner on the grounds of misconduct and physical or mental incapacity. Provided that before making any such decision, the government shall communicate the charges to the Commissioner and afford him reasonable opportunity to explain his position. (12) If the Government is not satisfied with the defence offered by the Commissioner, it may refer the case to the Provincial Assembly for an enquiry by a Special Committee to be constituted by the Speaker of Provincial Assembly. (13) If the Committee finds the Commissioner guilty of any of the charges mentioned in sub-section (10), the Government shall remove the Commissioner. | Appointed by government but one lawyer and one from civil society, good protection of tenure. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 14 Government shall allocate adequate funds to the commission to enable it to establish a secretariat, hire the requisite staff to conduct its business properly, and promote access to information amongst the public, public servants and civil society. | Government must allocate an "adequate" budget but no proper protections. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | Partially | 1 | 12(5) The Information Commission shall be headed by the Chief Sindh Information Commission. Information Commissioner, who shall be a retired Senior Government Servant not below the rank of BPS-20 and shall be appointed by the Government. (9) A Commissioner may not hold any other public office, or be connected with any political party or be running any business or pursuing any profession at the time of or during their appointment to the Information Commission. | Some prohibitions but also the chief is required to be a retired civil servant. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 13(1) The Commission may: (a) conduct an inquiry on a complaint and may direct a Public Body to disclose information to the Applicant; (b) determine the public interest in terms of Section 10 (2) of this Act; (c) resolve any inconsistencies in the application of the provisions of this Act or the rules or regulations; (3) The Commission may exercise the powers of a Civil court to: a) summon and enforce attendance of persons, compel them to give oral or written evidence on oath and to produce documents or information; b) examine and inspect information; c) receive evidence on affidavits; d) requisition relevant information from any office; and e) issue summons for witnesses or documents. (4) While inquiring into a complaint, the commission or any person authorized by the Commission, may examine any information on spot. | Inspection powers not 100% clear but may examine information "on spot". |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | Partially | 1 | 13(1) The Commission may: (a) conduct an inquiry on a complaint and may direct a Public Body to disclose information to the Applicant; | Says 'direct' public bodies but not clear. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 13(1) The Commission may: (a) conduct an inquiry on a complaint and may direct a Public Body to disclose information to the Applicant. (2) The Commission shall decide a complaint within forty five (45) days of its receipt and pass appropriate orders including recommending disciplinary proceedings against delinquent officials | Can order disclosure but otherwise not as clear as it could be - just refers to "appropriate orders" |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 0 | 17 No Court shall entertain a suit, application or other proceeding in respect of any decision made under this Act and the decision shall not be called in question otherwise than by way of an internal review or a complaint under the Act. | Barred by law |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | 11(2) Complaint under sub-section (1) shall be free of charge. | Free of charge and no need for lawyer assumed. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 2(e) In this Act, unless there is anything repugnant in the subject or context – “complainant” means a complaint made, in writing, to the Commission by an applicant on one or more of the following grounds: (i) wrongful denial of access to information; (ii) non provision of information within the stipulated time; (iii) refusal to receive and process the request from an applicant; (iv) furnishing false, misleading or incomplete information; (v) charging fee or cost for provision of information in excess of the requisite fee; (vi) deliberate destruction of information to avoid its disclosure; (vii) failure of a public body to implement the provisions regarding proactive disclosure; or (viii) violation of any other provisions of the Act by a public body; 11(1) Anyone who believes that his request has not been dealt in accordance with the provisions of this Act has the right to lodge a complaint with the Commission to this effect. | Built into definition of complaint which may not be the best way but it will presumably work and 11(1) gives broad right of complaint. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 11(3) The Commission shall decide any complaint within a period of forty five (45) days. 13(2) The Commission shall decide a complaint within forty five (45) days of its receipt and pass appropriate orders including recommending disciplinary proceedings against delinquent officials. | Timelines but no other procedures. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 0 | 11(4) In an appeal, the Applicant shall bear the burden of proof of showing that the Designated Official or Public Body has acted in violation of this Act. | Burden rests on applicant |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 9(3)(c) The officer before whom an application for internal review is filed under this Section may exercise any of the powers of the Designated Official under this Act and shall, within thirty (30) days of the receipt of the application: order departmental action against the Designated Officials if found negligent in performance of duties under this Act. 13(2) The Commission shall decide a complaint within forty five (45) days of its receipt and pass appropriate orders including recommending disciplinary proceedings against delinquent officials. 15. Where a Designated Official has, without any reasonable cause, refused to receive an application, has not furnished information within time limits, or with malafide intent denied the request or knowingly gave incorrect, incomplete or misleading information, the commission may, after providing sufficient opportunity of defence to the Designated Official, direct the said officer to pay fine which may extend to ten percent (10%) of his basic pay. (1) Whosoever misuses the information obtained under this law with malafide intentions to exploit, the Information Commission may punish with a fine of Rs.1,00,000/- or an imprisonment of three months, or with both; (2) Whosoever misuses the information obtained under this law with malafied intentions to exploit, the Information Commission may, after providing sufficient opportunity of defense to that person, impose a penalty on that person, which may extend to Rs.1,00,000/- 16. In addition to any other action under any other law, any person who destroys a record which at the time it was destroyed was the subject of an application for access to information, internal review or complaint, or otherwise obstructs access to information which is the subject of an application; internal review or complaint, with the intention of preventing its disclosure under this Act, or violates any provision of this Act, shall commit an offence punishable with imprisonment for a term which may extend to two years six months or with fine which shall not be less than ten thousand rupees or (10%) percent of his basic pay or with both. | Commission may recommend disciplinary sanctions and impose fines, and there are also criminal penalties. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | 21. No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or any rules made under the Act. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 7. (1) Every public body, within a period of 45 days from the commencement of this Act, designate and notify an officer or any appropriate number of the officers to act and serve as a designated officer(s) not below the grade of BPS-16 with whom the request for information under this Act may be lodged. (2) In case, no such officer is appointed, the person in-charge of the public body shall be deemed as a Designated Official. (3) The Designated Official shall be responsible for ensuring full compliance of the provisions of this Act. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 13(5)The Commission shall facilitate the application of the provisions of this Act and may: a) issue directives to public bodies for preservation, management, publication, publicity and access to information; b) prescribe the procedure for accessing information from a public body; c) advise and provide support to the Government to make necessary laws and procedures for implementation of the right to information; d) provide technical and other support to the public bodies for effective enforcement of right to information; e) conduct training of the Designated Officials; f) undertake mass awareness campaign to create awareness about the Act, rules and regulations; g) establish an information web-portal; h) compile a user handbook in Urdu, Sindhi and English, containing such information in easily comprehensible form and manner, as may reasonably be required by an applicant; and i) compile guidelines for use by Designated Officials. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | 13(5)The Commission shall facilitate the application of the provisions of this Act and may f) undertake mass awareness campaign to create awareness about the Act, rules and regulations; g) establish an information web-portal; h) compile a user handbook in Urdu, Sindhi and English, containing such information in easily comprehensible form and manner, as may reasonably be required by an applicant. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 5. Subject to the provisions of this Act and any rules made herein, each Public Body shall ensure that all of the records which it holds are properly maintained so as to enable it to comply with its obligations this Act, and in accordance with any relevant rules or standards established by the Sindh Information Commission. 13(5)(a)The Commission shall facilitate the application of the provisions of this Act and may issue directives to public bodies for preservation, management, publication, publicity and access to information; | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 6(1)(e) Subject to the provisions of this Act, a Public Body shall proactively disclose and publish Statement of categories of information that are under its control; | Required to publish lists of categories of information held |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 13(5)(e) The Commission shall facilitate the application of the provisions of this Act and may conduct training of the Designated Officials; | Commission can provide training but not mandatory for bodies |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 13(6) The Commission shall prepare an annual report on the implementation of the provisions of this Act during a financial year and submit it to the Government. (7) The annual report of the Commission shall, in particular, contain the following information: (a) status of right to information law, rules, regulations and procedures; (b) Progress on implementation of the freedom of information law, including district and department-wise summaries of information requests showing current status of each information request; (c) Hurdles being faced in the implementation of freedom of information law; and (d) Budget, expenses and other organizational maters. |
