2009

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Right to Information Act, 2009

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The Right to Information Act, 2009 gives every citizen of Bangladesh the right to access information held by public authorities. It applies to all government offices, autonomous bodies, statutory organisations, and private bodies that receive government funding. The Act requires every public authority to appoint a Designated Officer to provide information and proactively publish key information annually. Key mechanisms include the procedure for requesting information, the response time of 20 working days, the grounds on which information may be refused, the provision for partial disclosure when only part of a document is exempt, and the right to appeal to the Information Commission. A notable provision is that the Act overrides the Official Secrets Act, 1923 for the purpose of information disclosure, though exempt categories remain. The Act also protects whistleblowers who disclose information in the public interest. The Act is currently in force and is administered by the Information Commission.

Full text · showing key sections

§ 1Short Title and Commencement

(1)This Act shall be called the Right to Information Act, 2009.

(2)Of this Act—
(a) Sections 8, 24 and 25, excepted, the other sections shall be deemed to have come into force on 20 October 2008; and
(b) Sections 8, 24 and 25 shall come into force from 1 July 2009.

§ 2Definitions

Unless the subject or context otherwise requires, in this Act—
(a) "Appeal Authority" means—
(i) in the case of any information providing unit, the immediate superior office's administrative head of the said unit; or
(ii) where the information providing unit has no superior office, the administrative head of the said information providing unit;
(b) "Authority" means—
(i) any body created under the Constitution of the People's Republic of Bangladesh;
(ii) any ministry, department or office of the Government constituted under the Business Rules framed under Article 55(6) of the Constitution of the People's Republic of Bangladesh;
(iii) any statutory body or institution established by any Act or under it;
(iv) any non-governmental organization or institution operated by Government funding or assisted from Government funds;
(v) any non-governmental organization or institution assisted by foreign aid;
(vi) any non-governmental organization or institution responsible for carrying out Government functions under a contract with the Government or any Government body or institution; or
(vii) any other body or institution determined by the Government, from time to time, by notification in the Official Gazette;
(c) "Officer" shall include "employee";
(d) "Information Providing Unit" means—
(i) the head office, divisional office, regional office, district office or upazila office of any directorate, department or office attached to or subordinate to any ministry, department or office of the Government;
(ii) the head office, divisional office, regional office, district office or upazila office of the Authority;
(e) "Information Commission" means the Information Commission established under section 11;
(f) "Information" includes any document, book, map, chart, contract, data, log book, order, notification, deed, sample, letter, report, statement of accounts, project proposal, photograph, audio, video, drawing, film, any instrument prepared by electronic process, mechanically readable documents and any other information-bearing object or their copies, irrespective of physical form and characteristics:

Provided that—
(i) the above definition shall not include such information as is classified as "Top Secret", "Secret" or "Confidential" under the National Security Council Act, 2013 (Act No. 32 of 2013);
(ii) any such information shall not be deemed to be excluded from this definition solely on the ground that it is contained in a personal record of any officer or employee of any authority;
(g) "Information Commissioner" means a Commissioner of the Information Commission appointed under section 15;
(h) "Prescribed" means prescribed by rules or regulations made under this Act;
(i) "Appellant" means any person who files an appeal under this Act;
(j) "Complainant" means any person who files a complaint under this Act;
(k) "Chief Information Commissioner" means the Chief Information Commissioner appointed under section 15;
(l) "Information providing unit" has the same meaning as in clause (d);
(m) "Notification" means a notification published in the Official Gazette;
(n) "Form" means a form prescribed under this Act;
(o) "Government" means the Government of the People's Republic of Bangladesh in its executive capacity.

§ 3Supremacy of the Act

(a) The provisions relating to disclosure of information contained in any other Act in force shall not be prejudiced by the provisions of this Act; and
(b) where the provisions relating to restriction on disclosure of information under any other Act in force conflict with the provisions of this Act, the provisions of this Act shall prevail.

§ 4Right to Information

Subject to the provisions of this Act, every citizen shall have the right of access to information from any Authority, and upon request by any citizen, the concerned Authority shall be obliged to provide information.

§ 5Preservation of Information

(1)With a view to ensuring the right to information under this Act, every Authority shall prepare and duly preserve a catalogue and index of all its information.

(2)Every Authority shall, within a reasonable time, preserve in computer form all information which it considers suitable for computer preservation and shall establish network connectivity across the country for the convenience of accessing information.

(3)The Information Commission shall, by regulation, provide guidelines to be followed by Authorities for preservation and management of information, and all Authorities shall follow the same.

§ 6Publication of Information

(1)Every Authority shall publish, in such manner that all information regarding its decisions, activities and performed or proposed actions are easily accessible to citizens.

(2)In publishing and disseminating information under sub-section (1), no Authority shall conceal any information or restrict its accessibility.

(3)Every Authority shall publish an annual report containing the following information, namely:—
(a) description of the organizational structure of the Authority, its activities, responsibilities of officers and employees and the procedure or method of decision-making;
(b) a list of all rules, laws, ordinances, by-laws, regulations, notifications, directives, manuals, etc. of the Authority and the classification of information held by it;
(c) description of the conditions under which any person may obtain license, permit, grants, allocation, consent, approval or any other benefit from the Authority and, where any transaction or contract is required to be executed with such person on account of such conditions, description of such conditions;
(d) description of the facilities provided for ensuring citizens' right to information and the name, designation, address and, where applicable, fax number and e-mail address of the designated officer.

(4)Where the Authority formulates any important policy or takes any decision, it shall publish such policy and decision and, if necessary, shall explain the reasons and grounds in support of such policy and decision.

(5)The reports prepared by the Authority under this section shall be made available for inspection by the public free of cost and copies thereof shall be kept for sale at a nominal price.

(6)All publications of the Authority shall be made available to the public at a reasonable price.

(7)The Authority shall disseminate matters of public importance through press releases or any other means.

(8)The Information Commission shall, by regulation, provide guidelines to be followed by Authorities for publication, dissemination and access to information, and all Authorities shall follow the same.

§ 7Certain Information Not Required to be Published or Disclosed

Notwithstanding anything contained in other provisions of this Act, no Authority shall be obliged to provide the following information to any citizen, namely:—
(a) information which, if disclosed, may constitute a threat to the security, integrity and sovereignty of Bangladesh;
(b) information relating to any matter of foreign policy by which existing relations with any foreign state or any international or regional organization or alliance may be prejudiced;
(c) any confidential information received from any foreign government;
(d) trade or business information containing inherent commercial or business confidentiality, copyright or intellectual property rights which, if disclosed, may prejudice the intellectual property rights of any third party;
(e) the following information which, if disclosed, may benefit or cause loss to any specific person or organization, namely:—
(i) any advance information relating to changes in income tax, customs, VAT and excise laws, budget or tax rates;
(ii) any advance information relating to changes in currency exchange and interest rates;
(iii) any advance information relating to management and supervision of financial institutions including banks;
(f) information which, if disclosed, may obstruct the enforcement of existing law or increase the incidence of crime;
(g) information which, if disclosed, may endanger public safety or obstruct the fair administration of justice in pending cases;
(h) information which, if disclosed, may violate the privacy of any person's personal life;
(i) information which, if disclosed, may endanger the life or physical security of any person;
(j) information provided confidentially by any person for the assistance of law enforcement agencies;
(k) information relating to any matter pending before a court or tribunal where disclosure is prohibited by the court or tribunal, or whose disclosure would constitute contempt of court;
(l) information relating to any matter under investigation whose disclosure may obstruct the investigation;
(m) information which may affect the process of investigation of any crime and the arrest and punishment of the offender;
(n) information which is required to be kept secret for a limited period only under any law;
(o) information which, if disclosed, may endanger the life or physical safety of any witness or informant;
(p) information relating to any trade union or labour union or association of employers or employees, the disclosure of which may lead to industrial disputes;
(q) information which, if disclosed, may endanger the life or physical safety of any person involved in law enforcement;
(r) information relating to the personal privacy of any person;
(s) information whose disclosure is not in the public interest;
(t) information which is in the nature of a legal professional privilege;
(u) information whose disclosure may undermine the ability of any authority to formulate or make decisions, or which is advice, recommendation, or consultation note prepared for that purpose;
(v) information relating to Cabinet documents including minutes of meetings, briefs, and policy papers;
(w) information whose disclosure may endanger the life or physical safety of any informant or undercover agent;
(x) information relating to any law enforcement agency's technique or method of investigation or any information whose disclosure may endanger the life or physical safety of any person engaged in such investigation.

§ 8Request for Obtaining Information

(1)Any person may make a request for obtaining information under this Act in writing or by electronic medium or by e-mail to the designated officer concerned.

(2)The request mentioned in sub-section (1) shall contain the following particulars, namely:—
(i) name and address of the applicant, and, where applicable, fax number and e-mail address;
(ii) exact and clear description of the information for which the request is made;
(iii) other necessary and relevant particulars to facilitate identification of the location of the requested information; and
(iv) description of the preferred method of receiving information, i.e., inspection, obtaining copies, taking notes, or any other approved method.

(3)A request for obtaining information under this section shall be in the form printed or, as the case may be, in the format prescribed by the Authority:

Provided that, if the form is not printed or available or the format is not prescribed, a request for obtaining information may also be made on plain paper or, as the case may be, by electronic media or by e-mail, incorporating the particulars mentioned in sub-section (2).

(4)In the case of a request for obtaining information under sub-section (1), the applicant shall pay the reasonable fee prescribed for such information to the designated officer concerned.

(5)The Government may, in consultation with the Information Commission and by notification in the Official Gazette, prescribe the fee for requesting information and, if necessary, the price of information, and may, as the case may be, exempt any person or class of persons or any class of information from payment of such fee.

(6)Every Authority shall, in accordance with the directions of the Information Commission, prepare and publish a list of information that shall be provided free of cost.

§ 9Procedure for Providing Information

(1)The designated officer shall provide the requested information within a maximum of 20 (twenty) working days from the date of receipt of the request under sub-section (1) of section 8.

(2)Notwithstanding anything contained in sub-section (1), where the requested information involves multiple information providing units or Authorities, the requested information shall be provided within a maximum of 30 (thirty) working days.

(3)Notwithstanding anything contained in sub-sections (1) and (2), if the designated officer is unable to provide information for any reason, he shall inform the applicant within 10 (ten) working days of receipt of the application, stating the reasons for inability.

(4)Notwithstanding anything contained in sub-sections (1) and (2), where the information requested under sub-section (1) of section 8 relates to the life and death, arrest and release from prison of any person, the designated officer shall provide preliminary information on the subject within 24 (twenty-four) hours of receipt of the request.

(5)If the designated officer fails to provide information within the time limit mentioned in sub-sections (1), (2) or (4), the request for obtaining such information shall be deemed to have been rejected.

(6)Where the requested information is available with the designated officer for providing, he shall determine the reasonable fee for such information and inform the applicant to pay the same within a maximum of 5 (five) working days.

(7)In determining the fee under sub-section (6), the fee shall not exceed the actual cost of providing information, such as the printed price of information, the price of the electronic format, or the cost of photocopying or printing.

(8)Where providing the information requested under sub-section (1) of section 8 is deemed appropriate by the designated officer, and where such information has been provided by a third party or involves the interests of a third party and the third party has treated it as confidential, the designated officer shall, within 5 (five) working days of receipt of such request, serve notice on the third party requesting his written or oral opinion, and the third party shall submit his opinion within 10 (ten) working days of receipt of such notice:

Provided thatwhere the third party has been served notice under this sub-section and has failed to submit his opinion within the stipulated time, the designated officer may proceed to provide the information.

(9)Notwithstanding anything contained in sub-section (8), where the designated officer determines that the disclosure of information is in the public interest or that the public interest in disclosure outweighs the harm to the protected interests of the third party, he may provide the information to the applicant, recording his reasons in writing.

(10)Information shall be provided in the language in which it is available, or, if the applicant so requests, in English or in Bengali.

(11)Where the information requested is not in the possession of the designated officer but is known or believed to be in the possession of another Authority or person, the designated officer shall, within 5 (five) working days, either inform the applicant of the details of such Authority or person, or transfer the request to such Authority or person and inform the applicant accordingly.

(12)The designated officer shall maintain a record of all requests received and information provided under this section.

§ 10Designated Officer

(1)Immediately before this Act comes into force, every existing Authority shall, within 60 (sixty) days of promulgation of this Act, appoint one designated officer for each of its information providing units in accordance with the provisions of this Act for the purpose of providing information.

(2)Every Authority established after this Act comes into force shall, within 60 (sixty) days of the establishment of such Authority, appoint one designated officer for each of its information providing units in accordance with the provisions of this Act for the purpose of providing information.

(3)Where any Authority establishes any office after this Act comes into force, it shall, within 60 (sixty) days from the date of establishment of such office, appoint one designated officer for the said office, being the newly established information providing unit, in accordance with the provisions of this Act for the purpose of providing information.

(4)Every Authority shall inform the Information Commission in writing of the name, designation, address and, where applicable, fax number and e-mail address of each designated officer appointed under sub-sections (1), (2) and (3), within 15 (fifteen) days of such appointment.

(5)For the purpose of discharging duties under this Act, any designated officer may seek the assistance of any other officer, and if such assistance is sought from any officer, he shall be obliged to provide the necessary assistance to such designated officer.

(6)Where any officer fails to provide assistance to a designated officer as required under sub-section (5), and any provision of law is violated due to such failure to provide assistance, in such case, for the purpose of determining liability under this Act, such other officer shall also be deemed to be a designated officer.

§ 11Establishment of Information Commission

(1)After this Act comes into force, a commission called the Information Commission shall be established within a maximum of 90 (ninety) days, for the purpose of this Act and in accordance with its provisions.

(2)The Information Commission shall be a statutory independent body with perpetual succession and a common seal and, subject to the provisions of this Act, shall have the capacity to acquire, hold and transfer both movable and immovable property, and may sue and be sued in its name.

(3)The head office of the Information Commission shall be in Dhaka, and the Commission may, if necessary, establish branch offices at any place in Bangladesh.

§ 12Constitution of Information Commission

(1)The Information Commission shall be constituted by the Chief Information Commissioner and 2 (two) other Information Commissioners, of whom at least 1 (one) shall be a woman.

(2)The Chief Information Commissioner shall be the chief executive of the Information Commission.

(3)No vacancy in any post of the Information Commission or any defect in its constitution shall render any act or proceeding of the Information Commission invalid or call in question any matter in relation thereto.

§ 13Powers and Functions of Information Commission

(1)The Information Commission may, subject to the provisions of this Act, accept, investigate and dispose of any complaint filed on any of the following grounds, namely:—
(a) failure by an Authority to appoint a designated officer or to accept applications for information;
(b) denial of a request for information;
(c) failure to receive any response or information from the Authority within the time limit mentioned in this Act, despite making a request for information;
(d) unreasonable fee demanded or charged for providing information;
(e) incomplete information provided in response to a request or information provided which appears to be wrong and misleading; or
(f) any other matter relating to filing of application for information or obtaining information under this Act.

(2)The Information Commission may, on its own motion or on the basis of a complaint, investigate any complaint raised under this Act.

(3)The Information Commission or, as the case may be, the Chief Information Commissioner or any Information Commissioner shall, in relation to the following matters, exercise the same powers as a civil court may exercise under the Code of Civil Procedure, 1908 (Act V of 1908), namely:—
(a) to summon any person to appear before the Information Commission and to compel him to give oral or written evidence on oath, to produce documents or any other thing;
(b) to verify and inspect information;
(c) to receive evidence on affidavit;
(d) to requisition any document from any office;
(e) to issue summons for summoning witnesses or documents; and
(f) any other matter prescribed for the purposes of this Act.

(4)Notwithstanding anything contained in any other law, the Information Commission or, as the case may be, the Chief Information Commissioner or any Information Commissioner may, while investigating any complaint under this Act, inspect any information held by any Authority.

(5)The functions of the Information Commission shall be as follows, namely:—
(a) to provide directions to Authorities for preservation, management, publication, dissemination and access of information;
(b) to investigate and settle complaints from the public relating to obtaining information from Authorities;
(c) to initiate research on matters relating to the right to information;
(d) to promote awareness of the right to information among the public;
(e) to submit an annual report to the Government on the state of implementation of this Act;
(f) to make recommendations to the Government on matters relating to the right to information;
(g) to exercise any other power conferred on it by or under this Act;
(h) to render such other incidental or ancillary functions as may be necessary for the discharge of its functions under this Act.

(6)The Information Commission shall, in the exercise of its powers under this Act, be guided by the principles of natural justice.

(7)The Information Commission may, by order, direct any Authority to take such steps as may be necessary for the implementation of the provisions of this Act.

(8)The Information Commission may, on being satisfied that any Authority has failed to comply with any direction given under this Act, make a reference to the Government for taking appropriate action against such Authority.

§ 14Selection Committee

(1)The Selection Committee for the selection of candidates for appointment as Chief Information Commissioner and Information Commissioners shall consist of—
(a) the Prime Minister as Chairman;
(b) the Leader of the Opposition in the Jatiya Sangsad as member; and
(c) one Cabinet Minister nominated by the Prime Minister as member.

(2)The Selection Committee shall recommend the names of candidates for appointment as Chief Information Commissioner and Information Commissioners, in order of preference, to the Government.

(3)The Government shall, within 30 (thirty) days of receipt of the recommendation of the Selection Committee, appoint the Chief Information Commissioner and Information Commissioners from amongst the persons recommended by the Selection Committee.

(4)If the Government does not accept the recommendation of the Selection Committee, it shall return the recommendation to the Selection Committee with reasons for non-acceptance within 15 (fifteen) days, and the Selection Committee may, after reconsideration, submit a fresh recommendation to the Government.

(5)The Selection Committee may regulate its own procedure.

§ 15Appointment, Tenure, and Resignation of Chief Information Commissioner and Information Commissioners

(1)The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of the Selection Committee.

(2)The Chief Information Commissioner and Information Commissioners shall hold office for a term of 5 (five) years from the date on which they assume office or until they attain the age of 65 (sixty-five) years, whichever is earlier:

Provided thatthe Chief Information Commissioner or any Information Commissioner may, at any time before the expiry of his term, resign by writing under his hand addressed to the President.

(3)The Chief Information Commissioner or any Information Commissioner may be removed from office in accordance with the provisions of section 16.

(4)Upon ceasing to hold office, the Chief Information Commissioner or any Information Commissioner shall not be eligible for reappointment.

(5)A vacancy caused by the resignation or removal of the Chief Information Commissioner or any Information Commissioner, or by death, or by any other reason, shall be filled by appointment in accordance with the provisions of this Act, and the person so appointed shall hold office for the remainder of the term of the office from which such vacancy arose.

(6)The Chief Information Commissioner or any Information Commissioner shall not, after cessation of office, appear before or act as an advisor or counsel for any person in connection with any matter which was pending before the Information Commission during his tenure.

§ 16Removal of Chief Information Commissioner and Information Commissioners

(1)The Chief Information Commissioner or any Information Commissioner may be removed from office by the President if he is satisfied that the Chief Information Commissioner or Information Commissioner, as the case may be—
(a) has been guilty of misconduct; or
(b) is incapable of performing the functions of his office; or
(c) has been convicted of a criminal offence involving moral turpitude.

(2)No Chief Information Commissioner or Information Commissioner shall be removed from office unless an address by each House of Parliament is presented to the President in the same session praying for such removal.

(3)Before presenting an address under sub-section (2), each House of Parliament shall cause to be placed before it a copy of the report of the tribunal constituted under sub-section (4).

(4)The Government shall, for the purposes of sub-section (2), constitute a tribunal consisting of—
(a) a Supreme Court Judge, who shall be the Chairman;
(b) a High Court Division Judge; and
(c) the Comptroller and Auditor-General of Bangladesh.

§ 17Rank, Remuneration, and Facilities of Information Commissioners

(1)The Chief Information Commissioner shall have the rank and status of a Chief Election Commissioner and the Information Commissioners shall have the rank and status of an Election Commissioner.

(2)The Chief Information Commissioner and Information Commissioners shall be entitled to such remuneration and allowances as may be prescribed by the Government.

(3)The terms and conditions of service of the Chief Information Commissioner and Information Commissioners shall not be varied to their disadvantage after appointment.

(4)The Chief Information Commissioner and Information Commissioners shall be entitled to such privileges and facilities as may be prescribed.

§ 18Meetings of Information Commission

(1)The Information Commission shall meet as often as necessary for the transaction of its business.

(2)The Chief Information Commissioner shall preside at every meeting of the Information Commission.

(3)The quorum for a meeting of the Information Commission shall be 2 (two) members.

(4)The Information Commission may regulate its own procedure for the transaction of its business.

(5)All decisions of the Information Commission shall be taken by majority vote of the members present and voting.

(6)In the event of equality of votes, the Chief Information Commissioner or the member presiding shall have a casting vote.

§ 19Information Commission Fund

(1)There shall be a fund to be known as the Information Commission Fund and there shall be credited thereto—
(a) any grants made by the Government to the Information Commission;
(b) all fees received under this Act;
(c) all sums received from any other source for the purposes of this Act.

(2)The Information Commission Fund shall be applied for—
(a) paying the remuneration and allowances of the Chief Information Commissioner and Information Commissioners;
(b) paying the salaries, allowances and other terms and conditions of service of the officers and employees of the Information Commission;
(c) meeting the administrative expenses of the Information Commission;
(d) meeting the expenses of any investigation or inquiry undertaken by the Information Commission;
(e) meeting any other expense required for the purposes of this Act.

§ 20Budget

(1)The Information Commission shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year and shall forward the same to the Government for approval.

(2)The Information Commission shall not incur any expenditure from the Fund without the approval of the Government.

§ 21Financial Independence of Information Commission

(1)The Information Commission shall have the financial independence necessary for the effective discharge of its functions.

(2)The Government shall provide such funds to the Information Commission as may be necessary for the efficient performance of its functions under this Act.

§ 22Maintenance of Accounts and Audit

(1)The Information Commission shall maintain proper accounts and other relevant records.

(2)The accounts of the Information Commission shall be audited by the Comptroller and Auditor-General of Bangladesh in such manner as he may think fit.

(3)The Comptroller and Auditor-General shall have access to all records, books, accounts and other documents of the Information Commission at all reasonable times.

(4)The Comptroller and Auditor-General shall submit an audit report to the Government, and the Government shall lay the same before the Jatiya Sangsad.

§ 23Secretary and Other Officers and Employees of Information Commission

(1)The Government shall appoint a Secretary to the Information Commission.

(2)The Information Commission may, with the approval of the Government, appoint such other officers and employees as it considers necessary for the efficient performance of its functions.

(3)The terms and conditions of service of the Secretary, officers and employees of the Information Commission shall be prescribed by the Information Commission, with the approval of the Government.

(4)The Secretary shall be the chief administrative officer of the Information Commission and shall be responsible for the efficient administration of the Commission.

(5)The Information Commission may delegate any of its administrative functions to the Secretary or any other officer.

§ 24Appeals, Disposal, etc.

(1)Any person aggrieved by the decision of a designated officer may prefer an appeal to the Appeal Authority within 30 (thirty) days from the date of receipt of the decision.

(2)The Appeal Authority shall dispose of the appeal within 30 (thirty) days from the date of receipt of the appeal:

Provided thatthe Appeal Authority may, for reasons to be recorded in writing, extend the period for disposal of the appeal by a further period not exceeding 15 (fifteen) days.

(3)The Appeal Authority may, while disposing of the appeal—
(a) confirm, modify or set aside the decision of the designated officer;
(b) direct the designated officer to provide the information;
(c) direct the designated officer not to provide the information, if the appeal is not sustained;
(d) impose such penalty as may be prescribed on the designated officer, if the appeal is sustained; or
(e) pass such other order as it may deem fit.

(4)The decision of the Appeal Authority shall be final.

§ 25Filing of Complaints, Disposal, etc.

(1)A person may file a complaint with the Information Commission on any of the following grounds, namely:—
(a) where information has not been provided under sub-section (1) of section 13;
(b) where he is aggrieved by the decision of the appeal under section 24; or
(c) where the time limit for providing information or, as the case may be, the decision regarding providing information under the time limit mentioned in section 24 has not been received.

(2)A complaint under clause (a) of sub-section (1) may be filed at any time, and under clauses (b) and (c), within 30 (thirty) days from the date of the said decision or, as the case may be, from the date on which the time limit expired.

(3)Where the Information Commission is satisfied that the complainant could not file the complaint within the time limit prescribed under sub-section (2) for reasons beyond his control, the Information Commission may accept the complaint even after the expiry of the said time limit.

(4)Where the Information Commission is satisfied on the basis of a complaint or otherwise that any Authority or, as the case may be, any designated officer has failed to perform any obligatory act in accordance with the provisions of this Act or has performed any act which is not obligatory, the Information Commission may take action against the said Authority or, as the case may be, the designated officer under this section.

(5)After receipt of a complaint under sub-section (1) or where action under sub-section (4) is necessary, the Chief Information Commissioner shall either conduct an investigation himself or assign the investigation to any other Information Commissioner.

(6)The Chief Information Commissioner or, as the case may be, the Information Commissioner shall, within 30 (thirty) days of receiving or being assigned the responsibility under sub-section (5), complete the investigation of the relevant complaint and prepare a decision document for the Information Commission.

(7)The decision document mentioned in sub-section (6) shall be presented at the next meeting of the Information Commission, and the Information Commission shall take a decision on the matter in its meeting through discussion.

(8)During the investigation of any complaint under this section, the Authority or designated officer against whose decision the complaint has been filed shall be given an opportunity to present arguments in support of his decision.

(9)Where a third party is involved in the subject matter of a complaint, the Information Commission shall also give the said third party an opportunity to present his statement.

(10)The Information Commission shall normally dispose of a complaint received under sub-section (1) within 45 (forty-five) days, provided that in special cases, where there is need for additional time due to examination of witnesses or conducting investigation, etc., the complaint may be disposed of within such extended period:

Provided thatthe time limit for disposal of the complaint, including the extended period, shall in no case exceed a total of 75 (seventy-five) days.

(11)In taking decisions under this section, the Information Commission shall have the following powers, namely:—
(a) to direct any Authority or, as the case may be, any designated officer to take such steps as may be necessary in accordance with the provisions of this Act, namely:—
(i) providing the requested information in a specific manner;
(ii) appointing a designated officer;
(iii) disclosing any special information or any special type of information;
(iv) making necessary changes in the procedure followed by the Authority for preservation, management and disclosure of information;
(v) providing improved training to the officers of the Authority on matters relating to the right to information;
(vi) providing compensation for any loss or any other kind of suffering;
(vii) imposing any fine as provided for in this Act;
(viii) maintaining the decision of the Authority;
(ix) dismissing the complaint;
(x) reclassification of information by the Authority; and
(xi) providing interpretation in the light of this Act of matters relating to the nature, classification, preservation, disclosure and supply of information.

(12)The decision of the Information Commission given under this section shall be binding on all parties concerned.

(13)The Information Commission shall inform all parties concerned of its decision in writing.

(14)The Information Commission shall, by regulation, make arrangements for other matters relating to disposal of complaints.

§ 26Representation

The parties to any complaint may present their statements either in person or through a lawyer before the Information Commission.

§ 27Penalty, etc.

(1)Where the Information Commission has, in the course of disposal of a complaint or otherwise, reason to believe that any designated officer—
(a) has refused to accept an application or appeal for obtaining information without any reasonable cause;
(b) has failed to provide information to the applicant or to make a decision in this regard within the time limit prescribed by this Act;
(c) has rejected an application or appeal for obtaining information mala fide; or
(d) has provided incorrect, incomplete, misleading or distorted information instead of providing the information for which the application was made; or
(e) has created an obstacle in the path of obtaining any information—
then, the Information Commission may impose a fine at the rate of 50 (fifty) taka per day from the date of such act of the designated officer to the date of providing information, and such fine shall not exceed 5,000 (five thousand) taka in any case.

(2)Before imposing a fine under sub-section (1), the Information Commission shall give the concerned designated officer an opportunity to present his statement.

(3)Where the Information Commission is satisfied that a designated officer has, by doing the act mentioned in sub-section (1), created an obstacle in the path of obtaining information by a citizen, the Information Commission may, if applicable, in addition to the fine mentioned in sub-section (2), recommend to the concerned Authority to take departmental disciplinary action against the concerned officer for treating such act as misconduct, and may request the said Authority to inform the Information Commission of the latest action taken in this regard.

(4)Any fine or compensation payable under this section, if not paid, shall be recoverable from the concerned officer as if it were an arrear of land revenue recoverable under the Public Demands Recovery Act, 1913 (Act IX of 1913).

§ 28Application of Limitation Act, 1908

The provisions of the Limitation Act, 1908 (Act IX of 1908), shall, subject to the provisions of this Act, apply to the filing of appeals or complaints under this Act, insofar as they are applicable.

§ 29Bar on Filing of Cases

No question shall be raised in any court regarding the validity of any act done, action taken, order passed or direction issued under this Act, except by way of an appeal to the Appeal Authority mentioned in this Act or, as the case may be, by way of a complaint to the Information Commission.

§ 30Annual Report of Information Commission

(1)The Information Commission shall, by 31 March of each year, submit a report to the President regarding the activities of its previous year.

(2)The report mentioned in sub-section (1) shall contain the following information relating to the relevant year, namely:—
(a) the number of requests received from authorities for providing information;
(b) the number of decisions to not provide the requested information to the applicant and a description of the provisions of this Act under which such decisions were taken;
(c) the number of appeals filed against the decisions of the designated officer and the results of such appeals;
(d) a description of the disciplinary action taken by the Authority against its officers;
(e) the amount of appropriate fees collected by the Authority under this Act;
(f) a description of the various activities taken by the Authority for the implementation of the provisions of this Act;
(g) reform proposals received from various authorities connected with the establishment of citizens' right to information;
(h) the number of complaints received by the Information Commission;
(i) a description of the action taken on the complaints received by the Information Commission;
(j) the number of officers penalized by the Information Commission and a description thereof;
(k) the total amount of fine imposed and collected by the Information Commission;
(l) the directives and regulations issued by the Information Commission;
(m) the income and expenditure account of the Information Commission;
(n) any other ancillary matter that the Information Commission considers necessary to include in the report; and
(o) specific recommendations for taking necessary steps by the concerned Authority where any reluctance to comply with the provisions of this Act is noticed.

(3)After receipt of the report under sub-section (1), the President shall cause the same to be laid before the Jatiya Sangsad.

(4)The report submitted to the President under sub-section (1) shall be published and disseminated by the Information Commission through various media and on its website.

(5)For the purpose of preparing the report under this section, every Authority shall provide the Information Commission with the necessary information and other ancillary assistance.

§ 31Protection of Acts Done in Good Faith

No suit or prosecution or other legal proceedings shall lie against the Information Commission, the Chief Information Commissioner, the Information Commissioners, or any officer or employee of the Information Commission, or any designated officer or any other officer or employee of the Authority, if any person suffers loss or damage in respect of any act done or intended to be done in good faith under this Act or any rule or regulation made thereunder.

§ 32This Act Not Applicable to Certain Organizations or Institutions

(1)Notwithstanding anything contained in this Act, this Act shall not apply to any organization or institution engaged in matters relating to national security and intelligence as specified in the Schedule.

(2)Notwithstanding anything contained in sub-section (1), where any information of such organization or institution is involved in an incident of corruption or violation of human rights, this section shall not apply in such case.

(3)Where any request for obtaining the information mentioned in sub-section (2) is received, the concerned organization or institution shall, after obtaining the approval of the Information Commission, provide the information to the applicant within 30 (thirty) days of receipt of the request.

(4)The Government may, in consultation with the Information Commission and by notification in the Official Gazette, amend the said Schedule from time to time for the purpose of increasing or decreasing the number of institutions specified in the Schedule.

§ 33Rule-making Power

The Government may, in consultation with the Information Commission and by notification in the Official Gazette, make rules for the purposes of this Act.

§ 34Regulation-making Power

The Information Commission may, with the prior approval of the Government and by notification in the Official Gazette, make regulations for the purposes of this Act.

§ 35Removal of Ambiguity

If any ambiguity arises in the implementation of any provision of this Act, the Government may, by notification in the Official Gazette, remove such ambiguity in a manner consistent with the provisions of this Act.

§ 36Original Text and English Text

The original text of this Act shall be in Bengali and there shall be a reliable English translation thereof:

Provided thatin case of conflict between the Bengali and English texts, the Bengali text shall prevail.

§ 37Repeal and Savings

(1)The Right to Information Ordinance, 2008 (Ordinance No. 50 of 2008) is hereby repealed.

(2)Notwithstanding such repeal, anything done or any action taken under the repealed Ordinance shall be deemed to have been done or taken under this Act.