October 27, 2002
The President promulgated an Ordinance called "Freedom of Information
Ordinance 2002." This Ordinance has been enacted to ensure transparency
by providing access to information. Following is the text of the Ordinance:
ORDINANCE NO. XCVI OF 2002
AN ORDINANCE:
to provide for transparency and freedom of information;
WHEREAS it is expedient to provide for transparency and freedom of information
to ensure that the citizens of Pakistan have improved access to public records
and for the purpose to make the Federal Government more accountable to its citizens,
and for matters connected therewith or incidental thereto;
AND WHEREAS the President is satisfied that circumstances exist which render
it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth
day of October, 1999, and the Provincial Constitution Order No. 1 of 1999, read
with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise
of all powers enabling him in that behalf, the President of the Islamic Republic
of Pakistan is pleased to make and promulgate the following Ordinance:-
1. Short title, extent and commencement.- (1) This Ordinance
may be called the Freedom of Information Ordinance, 2002.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definition.- In this Ordinance, unless there is anything
repugnant in the subject or context,-
(a) "complainant" means
(b) (i) a requester, or
(ii) any person acting for and on behalf of requester;
(b) "complaint" means any allegation in writing made by a complainant;
(i) where he is a requester, that access to record has been wrongfully denied
to him by a public body;
(ii) where he is a requester, that access to and/or correction of his personal
information has been wrongfully denied to him by a public body having the custody
or control of the record;
(iii) where is a requester that the information requested by him has been unduly
delayed by a public body;
(c) "designated official" means an official of a public body designated
under section 10;
(d) "employee", in relation to a public body, means a person employed
in a public body whether permanently or temporary;
(e) "Federal Tax Ombudsman" means Federal Tax Ombudsman under section
3 of the Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000
(XXXV of 2000);
(f) "Mohtasib" means the Wafaqi Mohtasib (Ombudsman) appointed under
Article 3 of the Establishment of the office of the Wafaqi Mohtasib (Ombudsman)
Order, 1983 (P.O.NO. I of 1983);
(g) "prescribed" means prescribed by rules made under this Ordinance;
(h) "public body" means;
(i) any Ministry, Division or attached department of the Federal Government;
(ii) Secretariat of Majlis-e-Shoora (Parliament)
(iii) any office of any Board, Commission, Council, or other body established
by, or under, a Federal law;
(iv) courts and tribunals;
(i) "record" means record in any form, whether printed or in writing
and includes any map, diagram, photography, film, microfilm, which is used for
official purpose by the public body which holds the record;
3. Access to information not to be denied.- (1) Notwithstanding
anything contained in any other law for the time being in force, and subject
to the provisions of this Ordinance, no requester shall be denied access to
any official record other than exemptions as provided in section 15.
(2) This Ordinance shall be interpreted so as
(i) to advance the purposes of this Ordinance, and
(ii) to facilitate and encourage, promptly and at the lowest reasonable cost,
the disclosure of information;
4. Maintenance and indexing of records.- Subject to provisions
of this Ordinance and in accordance with the rules that may be prescribed, each
public body shall ensure that all records covered under clause (i) of section
2 of this Ordinance are properly maintained.
5. Publication and availability of records.- The acts and
subordinate legislation such as rules and regulations, notifications, by-laws,
manuals, orders having the force of law in Pakistan shall be duly, published
and made available at a reasonable price at an adequate number of outlets so
that access thereof is easier, less time-consuming and less expensive.
6. Computerisation of records.- Each public body shall endeavour
within reasonable time and subject to availability of resources that all records
covered by the provisions of this Ordinance are computerised and connected through
a network all over the country on different system so that authorised access
to such records is facilitated.
7. Declaration of public record.- Subject to the provision
of section 8, the following record of all public bodies are hereby declared
to be the public record, namely:-
(a) policies and guidelines;
(b) transactions involving acquisition and disposal of properly and expenditure
undertaken by a public body in the performance of its duties;
(c) information regarding grant of licenses, allotments and other benefits and
privileges and contract and agreements made by a public body;
(d) final orders and decisions, including decisions relating to members of public;
and
(e) any other record which may be notified by the Federal Government as public
record 'for the purposes of this Ordinance,
8. Exclusion of certain record.- Nothing contained in section
7 shall apply to the following record of all public bodies, namely:-
(a) nothing on the files;
(b) minutes of meetings;
(c) any intermediary opinion or recommendation;
(d) record of the banking companies and financial institutions relating to the
accounts of their customers;
(e) record relating to defence forces, defence installations or connected therewith
or ancillary to defence and national security;
(f) record declared as classified by the Federal Government;
(g) record relating to the personal privacy of any individual ;
(h) record of private documents furnished to a public body either on an express
or implied condition that information contained in any much documents shall
not be disclosed to a third person; and
(i) any other record which the Federal Government may, in public interest, exclude
from the purview of this Ordinance.
9. Duty to assist requesters.- A public body shall take necessary
steps as may be prescribed to assist any requester under this Ordinance.
10. Designation of official.- (1) A public body shall designate
and notify an officer or employee to whom requests under this ordinance are
to be made. These officials will be designated to ensure easy public access
to information.
(2) In case no such official has been designated or in the event of the absence
or non-availability of the designated officials, the person in-charge of the
public body shall be the designated official.
11. Functions of designated official.- Subject to the provisions
of this Ordinance and the rules made thereunder and the instruction if any,
of the Federal Government, the designated official shall provide the information
contained in any public record or, as the case may be, a copy of any such record.
12. Applications for obtaining information, etc.- (1) Subject
to the sub-section (2), any citizen of Pakistan may make an application to the
designated official in the form as may be prescribed and shall with his application,
furnish necessary particulars, pay such fee and at such time as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to such public record as
has been published in the official Gazette or in the form of a book offered
for sale.
13. Procedure for disposal of applications.- (1) Subject to
sub-section (2),on receiving an application under section 12, the designated
official shall, within twenty-one days of the receipt of request, supply to
the applicant the required information or, as the case may be, a copy of any
public record.
(2) In case the designated official is of the opinion that-
(a) the application is not in the form as has been
(b) the applicant has not furnished necessary particulars or has not paid such
fee as has been prescribed;
(c) the applicant is not entitled to receive such information;
(d) the required information or, as the case may, be the required record does
not constitute a public record under section 7;
(e) the required information or, as the case may be, the required record constitutes
-a record which is excluded under section 8;
He shall record his decision in writing and the applicant shall be informed
about such decision within twenty-one days of the receipt of the application.
(3) The information from, or the copy of, any public record supplied to the
applicant under sub-section (1), shall contain a certificate at the foot thereof
that the information is correct or, as the case may be, the copy is a true copy
of such public record, and such certificate shall be dated and signed by the
designated official.
14. Exempt information from disclosure.- Subject to the provisions
of this Ordinance, a public body shall not be required to disclose exempt information.
15. International relations.- (1) Information may be exempt
if its disclosure would be likely to cause grave and significantdamage to the
interests of Pakistan in the conduct of international relations.
(2) In the Section, "international relations" means relations between
Pakistan and
(a) the government of any other foreign State; or
(b) an organisation of which only States are members.
16. Disclosure harmful to law enforcement.- Information may
be exempt if its disclosure is likely to
(a) result in the commission of an offences
(b) harm the detection, prevention, investigation or inquiry in a particular
case;
(c) reveal the identity of a confidential source of information;
(d) facilitate an escape from legal custody;
(e) harm the security of any property or system, including a building, a vehicle,
a computer system or communications system.
17. Privacy and personal information.- Information is exempt
if its disclosure under this ordinance would involve the invasion of the privacy
of an identifiable, individual (including individual) other than the requester.
18. Economic and commercial affairs.- Information is exempt
if and so long as its disclosure
(a) would be likely to cause grave and significant damage to the economy as
a result of the premature disclosure of the proposed introduction, abolition
of variation of any tax, duty, interest rate, exchange rate or any other instrument
of economic management;
(b) would be likely to cause significant damage to the financial interests of
the public body by giving an unreasonable advantage to any person in relation
to a contract which that person is seeking to enter into with the public body
for
the acquisition? or disposal of property or the supply of goods or services,
or
(c) by revealing information to a competitor of the public body, would be likely
to cause significant damage to the lawful commercial activities of the public
body.
19. Recourse of the Mohtasib and Federal Tax Ombudsman.- (1)
If the applicant is not provided the information or copy of the record declared
public record under section 7 within the prescribed time or the designated official
refuses to give-such information or, as the case may be, copy of such record,
on the ground that the applicant is not entitled to receive such information
or copy of such record, the applicant may, within thirty days of the last date
of the prescribed time for giving such information or, as the case may be, of
such record, or the communication of the order of the designated official declining
to give such information or copy of such record, file a complaint with the head
of the public body and on failing to get the requested information from him
within the prescribed time may file a complaint with the Mohtasib and in cases
relating to
Revenue Division, it subordinate departments, offices and agencies with the
Federal Tax Ombudsman.
(2) The Mohtasib or the Federal Tax Ombudsman, as the case may be, may, after
hearing the applicant and the designated official, direct the designated official
to give the information or, as the case may be, the copy of the record or may
reject the complaint.
20. Dismissal of frivolous, vexations and malicious complaint.-
Where a complaint instituted is found to be malicious, frivolous or vexatious,
the complaint may be dismissed by Mohtasib, and fine may be imposed on the complainant
up to an amount not extending ten thousands rupees.
21. Offence. Any person who destroys a record which at the
time it was destroyed was the subject of a request, or of a complaint with the
intention of preventing its disclosure under this Ordinance, commits an offence
punishable with imprisonment for, a term not exceeding two years, or with fine,
or with both.
22. Indemnity.- 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 Ordinance or any rules made thereunder;
23. Ordinance not to derogate other laws.- The provisions
of this Ordinance shall be in addition to, and not in derogation of, anything
contained in any other law for the time being in force.
24. Power to remove difficulties.- If any difficulty arises
in giving effect to the provisions of this Ordinance, the Federal Government
may, by order in the official Gazette, make such provisions not inconsistent
with the provisions of this Ordinance as appear to it to be necessary or expedient
for removing the difficulty.
25. Power to make rules.- (1) The Federal Government may,
by notification in the official Gazette, make rules for carrying out the purposes
of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing powers,
such rules may provide for-
(a) the fee payable for obtaining information from, and copies of the public
record;
(b) the form of application for obtaining information from, and copies of, the
public record; and
(c) the form in which information from public record shall be furnished.