state of right to information legislation in pakistan 2012-13 - cpdi

State of Right to Information Legislation in Pakistan 2012-13

www.cpdi-pakistan.org

Contents Acknowledgements ....................................................................................................................................... 1

Executive Summary ....................................................................................................................................... 2

Chapter 1 Rationale and Methodology: .................................................................................................... 4

Chapter 2 Effectiveness of Legal Regime on Right to Information ............................................................ 7

Chapter 3 On-demand Provision of Information ....................................................................................... 8

Chapter 4 Effectiveness of Ombudsman ................................................................................................... 9

Chapter 5 Finding and Recommendations .............................................................................................. 10

Annexure: .................................................................................................................................................... 12

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Acknowledgements Centre for Peace and Development Initiatives, (CPDI) acknowledges contribution of the following staff to

this research report.

Amer Ejaz Butt, Executive Director, CPDI for his support and guidance to ‘Transparency and Right to

Information’ program team;

Mr. Zahid Abdullah for developing overall research framework, write-up of the report and coordinating

the research;

Mr. Bilal Saeed for developing questions to be studied for this report;

Mr. Malik Saleem Iqbal for submitting information requests;

Ms. Komal Zehra for maintaining information requests’ tracker;

Mr. Naveed Ashraf for designing this report;

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Executive Summary Centre for Peace and Development Initiatives, CPDI) conducted this research in the first half of 2013 to

determine the effectiveness of right to information legislation in the country. Existing right to

information laws were analyzed on the yardstick of internationally accepted principles of right to

information legislation, information requests were submitted to public bodies at all three tiers of

government under the existing laws and complaints were lodged with the relevant appellate bodies in

cases where information requests were denied. A total of 70 information requests were submitted to

public bodies at all three tiers of government. 10 information requests were submitted to federal public

bodies. At provincial level, 40 information requests were submitted to provincial public bodies, 10 in

each of the four provinces. At district level, a total of 20 information requests were submitted to district

public bodies, taking into loop 5 district public bodies in each of the four provinces. In these information

requests, following questions were asked from the public bodies.

Certified information about total budget allocated for the department for financial year 2012-3;

Certified information about total budget spent by the department during first quarter of

financial year 2012-3.

Out of 70 information requests submitted at all tiers of government, only 6 public bodies provided the

requested information within reasonable timeframe of 21 days as mentioned by the Freedom of

Information Ordinance 2002. Of these, 2 are federal public bodies, 2 provincial public bodies of

Balochistan and KPK and two district public bodies of Sindh and KPK. Out of total 64 complaints lodged

with Federal Ombudsman and provincial Ombudsman, receipt of only 5 complaints was acknowledged.

Only 11 out of total 64 public bodies against whom complaints were lodged with Ombudsman filed

written reply within 22 days on the intervention of Ombudsman. Only 11 out of total 64 public bodies at

all tiers of government provided the requested information on the intervention of Ombudsman.

The existing right to information laws are largely ineffective. The right to information laws in the country

do not meet the international standards of an effective law and the regional best practices. Especially,

these laws have weak implementation mechanism. It can be gauged by the fact that a majority of public

bodies did not provide the requested information about the allocated and utilized budget in the 1st

quarter of financial year 2012-13.

The Freedom of Information Ordinance 2002 and its replicas in Sindh and Balochistan in the shape of

Sindh Freedom of Information Ordinance 2006 and Balochistan Freedom of Information 2005 need to be

repealed and new laws should be enacted. The Provinces of Punjab and Khyber Pakhtunkhwa, where

there is no legislation on right to information, need to enact right to information laws. The new right to

information laws should be enacted only after consultation with experts and civil society groups working

in the area of right to information.

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Any law is as good as its implementation mechanism. There is need for independent and powerful

information commissions at federal and provincial levels. These information commissions should be

given budgetary and administrative autonomy.

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Chapter 1 Rationale and Methodology:

Ever since its inception in 2005, Centre for Peace and Development Initiatives, (CPDI) has been seeking

information from public bodies under the existing right to information laws. These laws are: Freedom of

Information Ordinance 2002, Balochistan Freedom of Information Act 2005, Sindh Freedom of

Information Act 2006 and Section 137 of Local Government Ordinance 2001. In Khyber Pakhtunkhwa

where there is no right to information law, CPDI has been submitting information requests to public

bodies under Article 19-A of the Constitution of Islamic Republic of Pakistan. Similarly, the province of

Punjab also does not have a right to information law but one provision in the shape of Section 137 of

Local Government Ordinance 2001 under which information can be requested from public bodies. Over

the years, CPDI has received mixed responses to the information requests submitted to public bodies

and complaints lodged with the appellate bodies under these laws. Other civil society groups and

concerned citizens have shared similar experiences.

CPDI is a research based advocacy organization and as such believes that effectiveness or otherwise of

right to information laws needs to be determined by a) juxtaposing these laws with the international

standards and best practices of right to information laws and, b) by collecting Empirically verifiable data

gathered through the paper trail generated by submitting information requests under these laws. This is

the underlying principle behind this research study.

Objective:

To promote research based advocacy initiatives for demanding the enactment of effective RTI laws and

reforming/repealing existing RTI laws.

Methodology:

While conducting this report, three indicators pertaining to right to information legislation i.e.

effectiveness of law, provision of information on-demand and role of appellate bodies were studied.

Effectiveness of Law:

Following factors were studied in this report pertaining to effectiveness of right to information

legislation.

1. An information law exists;

2. Rules have been framed to lay down the procedures;

3. Law is guided by the principle of maximum disclosure;

4. Exceptions are clearly and narrowly drawn;

5. Law provides cost effective access to information;

6. Law provides for speedy access to information;

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7. Law imposes penalty on the officer for wrongfully denying/delaying access to the requested

information;

8. There is an appellate system in case information is not provided;

9. Law requires proactive disclosure;

10. Law does not require description of specific interest with information requested;

11. Law recognizes the willful destruction of records as a criminal offense;

12. Right to Information law takes precedence over all other laws contradicting its aim;

13. Law has provisions that allows Inspection of documents before getting access;

14. Law requires it as a duty of information officer to assist applicant;

Provision of Information on Demand:

This report also studies the responsiveness of the government departments in fulfilling their required

obligations of providing timely and accurate access to the requested information as per legal

obligations. In this connection, following points were considered.

1. Information Officer has been designated by the department;

2. Requested information was provided by the information officer within 21 days (duly attested);

3. A valid reason for denial of information was provided in writing within 21 days;

Role of Ombudsman:

Following factors were taken into consideration while studying the effectiveness of appellate bodies at

three tiers of the government.

1. In case the information is denied or delayed, is process of lodging complaint with Ombudsman

easy?

2. Does office of Ombudsman acknowledges the receipt when complaint is lodged?

3. Hearing of the complaint was held within reasonable time period

4. Ombudsman decided the complaint within reasonable time

5. Information was provided on the intervention of Ombudsman

6. Information was provided within the time limit set by the Ombudsman

A total of 70 information requests were submitted to public bodies at all three tiers of government.

All the selections, except for the parliament, or provincial assemblies in case of provinces were made

through purposive sampling procedure.

Of these information requests, 10 were submitted to federal public bodies. 40 information requests

were submitted to provincial public bodies, 10 in each province. 20 information requests were

submitted to district public bodies, taking into the loop 5 district public bodies of each province. In these

information requests, following questions were asked from the public bodies.

Certified information about total budget allocated for the department for financial year 2012-3;

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Certified information about total budget spent by the department during first quarter of

financial year 2012-3.

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Chapter 2 Effectiveness of Legal Regime on Right to Information

The existing right to information laws at three tiers of government were studied against the variables

mentioned in methodology section of this report developed in line with right to information principles

developed by Article 19.

The following laws were studied for the purpose of this study.

Freedom of Information Ordinance 2002

Sindh Freedom of Information Act 2006

Balochistan Freedom of Information Act 2005

Punjab Local Government Ordinance 2001

RTI Legislation at Federal Tier:

Freedom of Information Ordinance 2002 (FOIO 2002) is applicable to the federal public bodies. The

Freedom of Information Ordinance 2002 fails on international standards regarding right to information

legislation, which include (a) maximum disclosure; (b) minimal exception, (c) obligation for proactive

disclosure; (d) process to facilitate access; (e) minimal costs; (f) disclosure should take precedence; (g)

open meetings; and (h) duty to assist. RTI Legislation at Provincial Tier of Government:

The performance of the RTI laws of Sindh and Balochistan is exactly the same as Balochistan Freedom of

Information Act 2005 and Sindh Freedom of Information Act 2006 are the exact replicas of FOIO 2002.

The provinces of Khyber Pakhtunkhwa and Punjab have not carried out legislation on right to

information.

RTI Legislation at District Tier of Government:

District public bodies of Sindh and Balochistan come under the purview of Sindh Freedom of Information

Act 2006 and Balochistan Freedom of Information Act 2005. In Punjab, Section 137 of Local Government

Ordinance 2001 pertains to the right to information and citizens can file information requests under this

provision. In KPK, there is no law both at the provincial and at the district level under which citizens can

demand access to information held by public bodies.

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Chapter 3 On-demand Provision of Information

Under Freedom of Information Ordinance 2002 and its replicas in Sindh and Balochistan, a public body is

obligated to designate information officers to facilitate access to information. Only four public bodies

have designated information officers and this is at federal level. Out of 70 information requests

submitted at all tiers of government, only 6 public bodies provided the requested information within

reasonable timeframe of 21 days as mentioned in Freedom of Information Ordinance 2002. Of these, 2

are federal public bodies, 2 provincial public bodies of Balochistan and KPK and two district public bodies

of Sindh and KPK. Other than Ministry of Narcotic Control, none of the public bodies responded in

writing and provided a valid reason for not providing the requested information.

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Chapter 4 Effectiveness of Ombudsman

The process of lodging complaint with the Ombudsman is not easy. The Ombudsman of KPK and

Balochistan do not have a web site. The information communication technology is being used by Federal

Ombudsman, the KPK and Punjab Ombudsman and complainants can lodge online complaints. The KPK

and Balochistan Ombudsman should follow the suit and provide this facility after setting up web sites.

Out of total 64 complaints lodged with Federal Ombudsman and provincial Ombudsman, receipt of only

5 complaints was acknowledged. With regard to the acknowledgement of receipts when complaint is

lodged, Federal Ombudsman acknowledged receipt of the complaints in case of 2 complaints out of total

8 complaints lodged. A total of 15 and 13 complaints were lodged with Punjab Ombudsman and KPK

Ombudsman and none was acknowledged to have been received by provincial Ombudsman. 13

complaints were lodged with each of Sindh and Balochistan Ombudsman. Sindh Ombudsman

acknowledged receipt of 2 complaints and Balochistan acknowledged receipt of 1 complaint. Only 11

out of total 64 public bodies against whom complaints were lodged with Ombudsman filed written reply

within 22 days on the intervention Ombudsman. All 8 federal public bodies against whom complaints

were lodged with the Federal Ombudsman filed written reply within 22 days to the Federal

Ombudsman. Two out of 13 Sindh public bodies filed written reply to Sindh Ombudsman, 1 Balochistan

public body out of total 13 filed written reply to Balochistan Ombudsman and none of the total 13 KPK

public bodies and 15 Punjab public bodies against whom complaints were lodged with KPK and Punjab

Ombudsman filed written reply within 22 days. Eleven out of total 64 public bodies at all tiers of

government provided the requested information on the intervention of Ombudsman. As the following

table shows, only in the case of all 8 federal public bodies provided the requested information on the

intervention of Federal Ombudsman. Two out of 13 Sindh public bodies provided information on the

intervention of Sindh Ombudsman and 1 out of 13 Balochistan public bodies provided requested

information on the intervention of Balochistan Ombudsman. None of the 13 KPK public bodies and 15

Punjab public bodies provided the requested information even when complaints were lodged with their

respective Ombudsman. When complaints were lodged, the KPK Ombudsman refused to precede

further saying that these complaints did not come under its jurisdiction. The Punjab Ombudsman did

not: respond at all.

Tier of Public Bodies Number of Complaints Lodged with Ombudsman

Number of Cases in which Information Provided

Federal Public Bodies 8 8

Sindh Public Bodies 13 2

Balochistan Public Bodies 13 1

Punjab Public Bodies 15 0

KPK Public Bodies 13 0

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Chapter 5 Finding and Recommendations

Following are key findings of this research study.

Ineffectiveness of RTI Legal Regime:

The existing right to information laws are largely ineffective. The right to information laws in the country

do not meet the international standards of an effective law and the regional best practices. Especially,

these laws have weak implementation mechanism. Unlike Indian Right to Information Act 2005, the laws

do not impose penalty on the public official when information request is unlawfully denied.

Lack of Responsiveness of Public Bodies:

Public bodies do not respond to information request even when simple information about the allocated

budget and its utilization for a quarter of a financial year is requested under the right to information

laws of the land. Only 6 out of total 70 public bodies provided the requested information signifying the

low priority of public bodies in terms of responding to information requests.

Ombudsman-A Toothless Appellate Body:

The office of Ombudsman is a toothless appellate body with regard to taking action on complaints

lodged against public bodies for not providing requested information under the right to information

laws. Only 11 public bodies out of total 64 public bodies at all three tiers of government provided

information on the intervention of Ombudsman. It should be kept into consideration that these

information requests pertained to allocated budgets and its utilization. In more serious cases, perhaps

public bodies might have ignored the intervention of Ombudsman altogether as Ombudsman cannot

impose any penalties and its decisions are only recommendatory in nature. Furthermore, instead of

writing to public bodies to provide the requested information, the person lodging complaint is asked to

appear for hearing.

Recommendations:

Need for Repealing Existing Right to Information laws:

The existing right to information laws are inadequate and ineffective. The Freedom of Information

Ordinance 2002 and its replicas in Sindh and Balochistan in the shape of Sindh Freedom of Information

Ordinance 2006 and Balochistan Freedom of Information 2005 need to be repealed and new laws

should be enacted. The Provinces of Punjab and Khyber Pakhtunkhwa where there is no legislation on

right to information need to enact right to information laws. The new right to information laws should

be enacted only after consultation with experts and civil society groups working in the area of right to

information.

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Replacing Ombudsman with Independent and Autonomous Information Commissions:

Any law is as good as its implementation mechanism. There is need for independent and powerful

information commissions at federal and provincial levels. These information commissions should be

given budgetary and administrative autonomy. It should be ensured that there is equal representation

of civil society, bureaucracy and judiciary in the composition of these information commissions. Taking

decisions on contentious matters pertaining to the right to information is a specialized job which should

only be entrusted to an independent and autonomous information commission. Furthermore, the role

of the appellant body pertaining to the right to information is not just to decide disputes regarding

access to information which often involves vested interests and powerful mafias, and requires certain

skills and competencies. Its functions also include ensuring the proactive disclosure of information,

issuing guidelines in this regard to the government and presenting an annual ‘state of right to

information’ in the country to the legislative body. The argument that the establishment of a new entity

will incur extra expenditures does not really hold water. The benefits of an accountable and transparent

government resulting from the efforts of a powerful information commission will far outweigh the costs

of establishing such an institution.

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Annexure:

Status of Information Requests to Federal Public Bodies

S.No

Date of Filing

Information Request

Law Referred

Information Requested

Public Body Response after 21

Days

Date of Lodging

Complaint with

Ombudsman

Response after 30 Days

1 1/28/2013


Certified information about total budget allocated for the ministry for financial year 2012-3, Certified information about total budget spent by the ministry during first quarter of financial year 2012-3

Ministry of Human Resource and Development

Information not provided

18-Mar-13 Information Provided

2 1/28/2013



Ministry of Housing and Works



3 1/28/2013



Ministry of National Food Security and Research



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4 1/28/2013


Certified information about total budget allocated for the Division for financial year 2012-3, Certified information about total budget spent by the Division during first quarter of financial year 2012-3

Planning and Development Division



5 1/28/2013


Certified information about total budget allocated for the National Assembly Secretariat for financial year 2012-3, Certified information about total budget spent by the National Assembly Secretariat during first quarter of financial year 2012-3

National Assembly Secretariat



6 1/28/2013


Certified information about total budget allocated for the Foundation for financial year 2012-3, Certified information about total budget spent by the Foundation during first quarter of financial year 2012-3

Overseas Pakistanis Foundation



7 1/28/2013


Certified information about total budget allocated for the Pakistan Railways for financial year 2012-3, Certified information about total budget spent by the Pakistan Railways during first quarter of financial year 2012-3

Pakistan Railways



8 1/28/2013



Ministry of Narcotics Control

Responded but not provided information


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9 1/28/2013



Ministry of Science and Technology

Information provided

NA

10 1/28/2013



Ministry of Inter-provincial Coordination


NA

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Status of Information Requests Submitted to Punjab Provincial Public Bodies

S.No

Date of Filing

Information Request

Law Referred

Information Requested Public Body Response after 21

Days

Date of Lodging

Complaint with

Ombudsman

Response after 30

Days

1 1/17/2013

Section 137 of Local Government Ordinance 2001

Certified information about total budget allocated for the Board for financial year 2012-3, Certified information about total budget spent by the Board during first quarter of financial year 2012-3

Board of Revenue


26-03-2013 No Response

2 1/17/2013

Certified information about total budget allocated for the department for financial year 2012-3, Certified information about total budget spent by the department during first quarter of financial year 2012-3

Live Stock and Dairy Development Department



3 1/17/2013


Planning and Development Department



4 1/17/2013

Certified information about total budget allocated for Punjab Police for financial year 2012-3, Certified information about total budget spent by Punjab Police during first quarter of financial year 2012-3

Punjab Police Information not provided


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5 1/17/2013


Service and GAD Information not provided


6 1/17/2013

Certified information about total budget allocated for the Secretariat for financial year 2012-3, Certified information about total budget spent by the Secretariat during first quarter of financial year 2012-3

Provincial Assembly Secretariat



7 1/17/2013


Forestry, Wilde Life and Fisheries Department



8 1/17/2013

Certified information about total budget allocated for the Inspection Team for financial year 2012-3, Certified information about total budget spent by the Inspection Team during first quarter of financial year 2012-3

Chief Minister Inspection Team



9 1/17/2013


Environment Protection Department



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10 1/17/2013


Women Development



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Status of Information Requests Submitted to KPK Provincial Public Bodies

S.No

Date of Filing

Information Request

Law Referred



Days

Date of Lodging

Complaint with

Ombudsman


1

1/17/2013

Article 19-A of the Constitution


Excise and Taxation Department


26-03-2013

in all cases, KPK Ombudsman maintained that it is not its jurisdiction to decide on complaints pertaining to information requests

2

1/17/2013


Finance Department


26-03-2013

3

1/17/2013


Homeand Tribal Affairs Department


26-03-2013

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4

1/17/2013


Industries Department


26-03-2013

5

1/17/2013


Irrigation Department


26-03-2013

6

1/17/2013


Provincial Assembly Secretariat

Information Provided

N/A N/A

7

1/17/2013

Certified information about total budget allocated for the Authority for financial year 2012-3, Certified information about total budget spent by the Authority during first quarter of financial year 2012-3

Planning and Development Department


26-03-2013

8

1/17/2013


Administration Department


26-03-2013

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9

1/17/2013


Commerce and Labour Department


26-03-2013

10

1/17/2013


Forest Department


26-03-2013

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Status of Information Requests Submitted to Sindh Provincial Public Bodies

S.No

Date of Filing

Information Request

Law Referred



Days

Date of Lodging

Complaint with

Ombudsman

Response after 30

Days

1 1/13/2013



Irrigation Department


26-03-2013 Information Provided

2 1/13/2013


Health Department



3 1/13/2013

Certified information about total budget allocated for the Sindh Ombudsman for financial year 2012-3, Certified information about total budget spent by the Sindh Ombudsman during first quarter of financial year

Sindh Ombudsman



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2012-3

4 1/13/2013


Population Welfare Department



5 1/13/2013


Sindh Assembly Secretariat


26-03-2013

Information Not Provided S.O directed to department to furnish comments

6 1/13/2013


Forest and Wild Life Department

Information not providedResponded but not provided information, directed to Conservator Wild Life

26-03-2013

Information Not Provided(S.O directed to department to furnish comments by 20/05/2013)

7 1/13/2013

Certified information about total budget allocated for the Authority for financial year 2012-3, Certified information about total budget spent by the Authority during first quarter of

Sindh Public Procurement Regulatory Authority



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financial year 2012-3

8 1/13/2013


Environment and Alternative Energy Department



9 1/13/2013


Food department


26-03-2013

Information Not Provided(S.O directed to department to furnish comments by 15/05/2013)

10 1/13/2013


Industries and Commerce Department



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Status of Information Requests Submitted to Balochistan Provincial Public Bodies

S.No Date of Filing Information

Law Referred

Information requested

Public Body Response after 21 days

Date of Lodging Complaint with Ombudsman

Response after 30 days

1 26-03-2013



Fisheries Department

No Response 19-04-2013 Information Provided

2 26-03-2013


Balochistan Assembly

Information Provided

N/A N/A

3 26-03-2013


Balochistan Development Authority

No Response 19-04-2013 No Response

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4 26-03-2013


Water and Sanitation Authority


5 26-03-2013


Agriculture and Cooperative Department


6 26-03-2013


Food Department


7 26-03-2013


Population Welfare Department


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8 26-03-2013


Women Development


9 26-03-2013


Social Welfare Department


10 26-03-2013


Home Department


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Status of Information Requests Submitted to Punjab District Public Bodies

S.No

Date of Filing

Information Request

Law Referred


Days

Date of Lodging

Complaint with

Ombudsman

Response after 30

Days

1 January 17 2013

Section 137 of Local Government Ordinance 2001


Health Department, Chakwal



2 January 17 2013


Finance and Planning Department, Sheikhpura



3 January 17 2013


Literacy Department, Jhang



4 January 17 2013


Health Department, Okara



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5 January 17 2013


Finance and Planning Department, Lodhrawn



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Status of Information Requests Submitted to KPK District Public Bodies

S.No

Date of Filing

Information Request

Law Referred



Days

Date of Lodging

Complaint with

Ombudsman


1 January 21 2013

Article 19-A of the Constitution


Deputy Commissioner, Abbottabad


N/A N/A

2 January 21 2013

Certified information about total budget allocated for the Department for financial year 2012-3, Certified information about total budget spent by the department during first quarter of financial year 2012-3

Revenue Department, Sawabi


26-03-2013 KPK Ombudsman maintained that it is not its jurisdiction to decide on information requests filed under Article 19-A of constitution

3 January 21 2013


Education and Literacy Department, Kohat


26-03-2013

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4 January 21 2013


Agriculture Department, Kohat


26-03-2013

5 January 21 2013


Works and Services Department, Chitral


26-03-2013

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Status of Information Requests Submitted to Sindh District Public Bodies

S.No

Date of Filing

Information Request

Law Referred


Days

Date of Lodging

Complaint with

Ombudsman

Response after 30

Days

1 1/13/2013



EDO Work and Services, Qambar Shahdad Kot


NA NA

2 1/13/2013

Certified information about total budget allocated for the Sindh Ombudsman for financial year 2012-3, Certified information about total budget spent by the Sindh Ombudsman during first quarter of financial year 2012-3

EDO Finance and Planning, Umer Kot


26-03-2013 Information not Provided

3 1/13/2013


EDO Education, Kashmore



4 1/13/2013


EDO Education, Karachi West



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5 1/13/2013

Certified information about total budget allocated for the Authority for financial year 2012-3, Certified information about total budget spent by the Authority during first quarter of financial year 2012-3

EDO Education, Sanghar



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Status of Information Requests Submitted to Balochistan District Public Bodies

S.No

Date of Filing Information Requests

Law Referred

Information requested

Public Body Response after 21 days

Date of Lodging complaint with Ombudsman

Response after 30 days

1 26-03-2013



EDO Information Technology, Dera Bugti


2 26-03-2013


EDO Education, Qilla Saifullah


3 26-03-2013


EDO Works & Services, Zhob


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4 26-03-2013


EDO Finance & Planning, Mastung


5 26-03-2013


EDO Health, Kharan


state of right to information legislation in pakistan 2012-13 - cpdi

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