Government of Tripura
General Administration (AR) Department
Agartala,Tripura

Information which the PIO may refuse to disclose/provide

(1) Under section 8 of the Act, a PIO shall be under no obligation to provide to any citizen the following types of information :-

(i) Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(ii) Information expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(iii) Information, disclosure of which would cause a breach of privilege of the Parliament or the State Legislature;

(iv) Information including commercial confidence, trade secrets or intellectual property, disclosure of which  would harm the competitive position  of a third party,  unless the competent authority is satisfied  that larger public interest  warrants the disclosure of such information;

(v) Information which is available to a person in his fiduciary relationship unless the competent authority is satisfied  that a larger public interest warrants the disclosure of such information;

(vi) Information  received in confidence  form any foreign government ;

(vii) Information disclosure of which  would endanger  the life or physical safety of any person  or  identify the source of information or assistance  given in confidence  for law enforcement  or security purposes;

(viii) Information which would impede  the process of investigation or  apprehension  or prosecution of offenders;

(ix) Information sought  in respect of  cabinet papers including records of deliberation  of the Council of Ministers, Secretaries and other officers ;

Provided that  the decision of Council of Ministers,  the reasons thereof,  and the material on the basis of which the decisions were taken shall be made public  after the decision has been taken and the mater is complete or over;

Provided further that  those matters  which come under the exemptions specified in this section  shall not be disclosed .

(x) Personal information which has no relationship to any public activity or interest  or  the disclosure of which would cause  un- warranted invasion  of the privacy of an individual unless the  State

Public Information Officer or the Appellate Authority, as the case may be,  is satisfied that the larger public interest  justifies the disclosure of such information;Provided that the information which cannot be denied  to the Parliament or a State Legislature shall not be denied to any person.

(2) Notwithstanding anything in the Official Secrets Acts, 1923 or any of the exemptions permissible in accordance with sub- para (1) above,  a public authority may allow  access to information, if public interest in disclosure out-weights  the harm to the protected interests. [ Section-8 (2)]                 

(3) Subject to what has been provided in  (i), (iii)  and (ix) of sub-para (1)  above, any information relating to any occurrence , event or matter which has taken place,  occurred or happened  20 years before the date  on which  any  request is made for information shall be provided to any person making such a request;

Provided that where any question arises  as to the date from which  the said of period of 20 year has to be computed,  the decision of the Central Government shall be final, subject to the usual appeals, provided in the Act.[Section-8(3)].

(4) Without prejudice to the provisions of Section 8, a State Public Information Officer  may reject a request for information where such request  for  providing access would  involve an infringement of copyright subsisting in a person other than the State. [Section-9]

8.Organizations to which  the Right to Information Act, 2005 shall not apply.

(1) The Act shall not apply to the intelligence and security organizations established by the Central Government or any information furnished by such  organizations  to  the Central Government. A list of such intelligence and security organizations has been given in the  2^nd Schedule to the Act, a  copy of which is  appended to these instructions as Appendix-I

Provided that the Act shall apply to an  information pertaining to  the allegations of corruption and human right’s violations ;   

Provided further that in case the information sought for  is in

respect of allegations of  violation of human rights, the information shall  be provided only after the  approval of the  Central Information Commission  and such information shall be provided within 45 days from the date receipt of the request.[Section 24(1)]

(2) The Act shall not apply to  such intelligence and security organizations established by the State Government  as the State Government may,  form time to time by notification in the official gazette, specify. The Government of Tripura has  specified  by a gazette notification that the Act shall not apply to the State Police (Home) Department. A copy of this notification  is given at  Appendix-2 to these  instructions.

Provided that  the Act shall not apply to the information pertaining to the allegation of corruption and human rights violations;

Provided further that in case the  information sought for  is in respect of allegations  of violation of human rights, the information shall be provided only after the approval  of the State Information Commission and the information shall be provided within 45 days  of the date of receipt of the request. [Section –24(20]. 

These instructions prepared in consultation with the Law Department of the State Government & issued on Public Interest  by Commissioner and Secretary to the Government of Tripura, General Administration (AR) Department.