TEXT OF PAKISTANS DRAFT FREEDOM OF INFORMATION ORDINANCE 2000
"A
DRAFT ORDINANCE to provide for transparency and freedom of information.
WHEREAS
it is expedient to provide for transparency and freedom for 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 the matters connected therewith or incidental thereto.
AND
WHEREAS the National Assembly and the Senate stand suspended in pursuance of
the Proclamation of Emergency of the fourteenth day of October, 1999, and the
Provisional Constitution Order No. 1 of 1999:
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, read with the Provisional Constitution Order No. 1 of 1999, as
well as Order No 9 of 1999, and in exercise of all powers enabling him in that
behalf, the President 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, 2000. (2) It extends to the whole of
Pakistan. (3) It shall come into force at once.
2.
Definition:- In this Ordinance, unless there is any thing repugnant to the
subject or context:- (a) "designated official" means an official of a
public office designated under section 5; (b) "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. 1 of 1983); (c)"prescribed " means prescribed by rules
made under this Ordinance; (d) "Public office" means:- (i) any Ministry,
Division, department or office of
the Federal Government; (ii) Secretariat of Majlis-e-Shoora (Parliament);(iii)
any office of any board, commission, council, or other bodyestablished by, or
under, a Federal law; and (iv) any office of a bodywhich is owned or controlled
by the Federal Government or in which the Federal Government has a controlling
share or interest; and (e) " record" shall include drawings, computer
records, photographs, microfilms, cinematograph films and audio and video
recordings,
3.
Declaration of public records:- Subject to the provisions of the section 4, the
following record of all public offices are hereby declared to be the public
record, namely:- (a) instructions, policies and guidelines; (b) record relating
to sale, purchase, lease, mortgage, acquisition or transfer in any other manner
of properties both movable and immovable;
(c) record pertaining to approvals, consents, permissions, concessions,
benefits, privileges, licences, contracts, permits, agreements, or any other advantages;
and (d) final orders including decisions taken at all meetings.
4. Exclusion of certain record:- Nothing contained in section 3 shall apply to the following record of all public offices, namely:- (a) nothing on the files; (b) minutes of meetings; (c) any interim orders; (d) records of banking companies and financial institutions relating to the accounts of their customers; (e) records declared as classified under the policy made by the Federal Government: (f) record relating to the personal privacy of any individual; and (g) record of private documents furnished to a public office either on an express or implied condition that information contained in an