Internet Edition. October 24, 2008, Updated: Bangladesh Time 12:00 AM 
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Right to Information Ordinance comes to force: Not enough new rights guaranteed

Staff Reporter



The Right to Information Ordinance, 2008, ensuring free flow of information and citizen's access to information was published yesterday in government gazette.

The ordinance provides that officials shall be bound to give information within 20 days of formal request by any citizen. If the official concerned is unable to provide the information, he is required to communicate to the information seeker within 10 days showing the reasons.

If the information involves more than one department, the official concerned is to provide it within 30 days.

In case it is linked with one's life and death, arrest or release from jail, the first information has to be provided within 24 hours. If the official fails to provide the information within the time, it will be deemed that he refused to give the information and liable for punishment.

A citizen who requires information will send the request to the official concerned in writing or through electronic media or e-mail with his detail address.

However, the authorities will not disclose information about 20 subjects. These include information involving national security, integrity and sovereignty, harm existing relations with foreign countries, international organizations and regional forum or organization, secret information obtained from a foreign government, disclosure of information that may hurt the interest of third party's intellectual property right, trade and business, disclosure of information that may hinder enforcing existing law or encourage offence, subjudice matter, matter under investigation, damage privilege of Jatiya Sangsad, advance information about question paper or examination result, documents including summary to be placed at cabinet meeting and discussion or decision on the matter at the cabinet meeting.

If any official concern deny information without any reason within the stipulated time, he will be fined Tk 50 for each day. However, amount of fine will not exceed Tk 5,000.

Under the ordinance a 3-member Information Commission will be set up soon to monitor whether the information is being provided to citizens properly. Principal Information Commissioner will be chief executive of the Information Commission. Out of three members, one will be a female. It will be an independent statutory body.

The Information Commission or Chief Information Commissioner is vested with powers of a civil court under Code of Civil Procedure, 1908 (Act V of 1908).

The ordinance comes into force immediately, baring article 8, 24 and 25 relating to appeal against violation of the rules. The provisions under these articles will come into force after 90 days.

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