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Report No. 275

2. Goa

1.28 Goa was the next State to have its own right to information legislation. The Goa Right to Information Act, 1997, in its long title emphasises the need for transparency in Governmental actions and to achieve this object, the consequent enablement of every citizen to get information from the Government.

1.29 Under section 2(c) of this Act, "information" has been defined to mean, any material or information relating to the affairs of the State or any local or other authorities constituted under any enactment passed by the Legislative Assembly of Goa for the time being in force or a Statutory Authority or a Company, Corporation, Trust, Firm, Society or a Co-operative Society, or any Organisation funded or controlled by the Government or executing any public work or service on behalf of or as authorised by the Government.

[emphasis added].

1.30 It should be noted that the Act does not use the word 'substantially' before the word funded. Additionally, any entity executing public work or service on behalf of or on authorisation of the Government would be liable to provide information under the Act. The words 'public work or service' as well as 'authorised by the Government' are not defined and are consequently, open to interpretation.

1.31 Section 2(d) defines the 'Right to Information' while section 3 guarantees this right.19 Section 5 of this Act provides for a few categories of information excluded from the purview of right to information viz matters relating to sovereignty and integrity of India or security of State, trade and commercial secrets, personal information etc. Reasons for denial of information are to be recorded in writing. Section 6 of the Act further provides that if any person is aggrieved by an order of the Competent Authority as to the refusal of any information, they can appeal to the Administrative Tribunal, constituted under the Goa Administrative Tribunal Act.

1.32 This Act runs concurrently with the Central RTI Act.



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




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