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Report No. 275

10. Assam

1.56 The Assam Right to Information Act, 2001, received the assent of the Governor on May 1, 2002 and was notified on May 7, 2002. The term 'information' is defined under section 2(c) of the Act to mean and include "information relating to any matter in respect of the affairs of the administration or decisions of the State Government or a Public Authority." However, the definition excludes "any such information the publication of which has been prohibited by any law for the time being in force or by any notification issued by the State Government from time to time under this Act."

1.57 Section 2(e) of the Act gives a detailed definition of "public authority". It provides: Public Authority means and includes the officer of-

(i) all local bodies and other authorities constituted by the State Government under any law for the time being in force; or

(ii) a Government Company or corporation incorporated under the Companies Act 1956 in which not less than fifty one percent of the paid up share capital is held by the State Government, or other State Government undertakings, organizations or institutions financed either wholly or partly and owned, or controlled by the State Government or any other company, corporation, undertaking or institution in which the State Government stands guarantor in respect of any loan or financial advance availed of by such company corporation, institution, organization or undertaking, as the case may be; or

(iii) a co-operative society or any other society, a trust or any other organization or institution established under any law for the time being in force by the State Government and directly controlled or funded by it; or

(iv) any body, authority, institution, organization, agency or instrumentally including the District Rural Development Agencies, funded either wholly or partly by the State Government; and,

(v) any other body, authority institution or organization receiving substantial financial assistance from the State Government as may be notified by the State Government from time to time for the purposes of this Act;

1.58 Certain exceptions to 'Public Authority' are also provided in the aforesaid definition.26The State Act runs concurrently with the Central Act, and soon after the passing of the Central Act, the State Government started implementing the latter as well. The State Government issued Assam Right to Information Fee Rules, 2005 in the exercise of powers conferred by the Central Act.

Legal Framework - BCCI Vis-������-Vis Right to Information Act, 2005 Back

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