Nepal
Name of law: Right to Information Act, 2064 Act to provide for Right to Information
First adopted: 2007
Last modified: n/a
RTI Rating last updated: 2018-09
First adopted: 2007
Last modified: n/a
RTI Rating last updated: 2018-09
Introduction
Highlighted by its broad scope and compliant appeals regime, the Nepali RTI law is strong. Its biggest weaknesses are its lack of public interest override and failure to trump conflicting legislation. The law also limits requests, as they can only be made by citizens. That being said, one extremely positive development within this area of domestic law, is the 2015 constitutionalisation of the right to information, as the state now formally recognizes that all “citizen[s] shall have the right to seek information on any matters of concern to her/him or the public.”
Local Expert: Santosh Sigdel
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 27 | 30 |
| 3 | Requesting Procedures | 19 | 30 |
| 4 | Exceptions & Refusal | 18 | 30 |
| 5 | Appeals | 26 | 30 |
| 6 | Sanctions & Protections | 6 | 8 |
| 7 | Promotional Measures | 12 | 16 |
| ∑ = 112 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | 27. Right to information: Every citizen shall have the right to seek information on any matters of concern to her/him or the public. Provided that nothing shall be deemed to compel any person to provide information about which confidentiality is to be maintained according to law. | Exception for confidential information too broad and also limited to information of concern. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 3. Right to Information: (1) Every citizen shall, subject to this Act have the right to information. (2) Every citizen shall have access to the information held in the public Bodies. | But 2(e) defines Right to information as the right to obtain information of public importance, which could be seen as a limitation on this. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | Preamble of the Constitution: "<...> Recognizing the mandate of the NEPALI PEOPLE expressed, from time to time, since before 1951 until now, through historical struggles and people's movements for democracy, peace and progress; Having determined upon the progressive restructuring of the state in order to resolve the existing problems of the country relating to class, caste, region and gender; Expressing our full commitment to democratic norms and values including a system of competitive multiparty democratic rule, civil liberties, fundamental rights, human rights, adult franchise, periodic elections, full freedom of the press, independence of the judiciary and concepts of the rule of law; To guarantee the basic rights of the Nepali people to frame a Constitution for themselves and to participate in the free and impartial election of the Constituent Assembly in a fear-free environment; AND keeping democracy, peace, prosperity, progressive economic-social changes and sovereignty, integrity, in dependence and dignity of the country at the centre of our concerns; <...> | 0 ---- 1 - Preamble |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | NO | 0 | 3. Right to Information: (1) Every citizen shall, subject to this Act have the right to information. (2) Every citizen shall have access to the information held in the public Bodies. | Only citizens. Not clear about legal entities. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2(b) "Information" means any written document, material, or information related to the functions, proceedings thereof or decision of public importance made by a Public Body. (c) "Public Importance" means a subject related directly or indirectly with the interest of citizens. (d) "Document" means any kind of scripted document and the word shall also includes any audio visual material collected and updated through a mechanical medium or that can be printed or retrieved. | Limited to information about functions or important decisions. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 2(b) "Information" means any written document, material, or information related to the functions, proceedings thereof or decision of public importance made by a Public Body. | Covers both information and documents. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, (3) A body formed by the Government of Nepal, (4) Institution or foundation established by the law, public service. (6) Body Corporate under the full or partial ownership or under control of the Government of Nepal or such body receiving grants from the Government of Nepal. (7) Body Corporate formed by a Body established by the Government of Nepal or the law upon entering into an agreement, (9) Any other Body or Institution prescribed as Public Body by the Government of Nepal by publishing notice in the Gazette. | Seems pretty comprehensive. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, | Covers the legislature. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, | Covers the courts |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, (3) A body formed by the Government of Nepal, (4) Institution or foundation established by the law, public service. (6) Body Corporate under the full or partial ownership or under control of the Government of Nepal or such body receiving grants from the Government of Nepal. (7) Body Corporate formed by a Body established by the Government of Nepal or the law upon entering into an agreement, (9) Any other Body or Institution prescribed as Public Body by the Government of Nepal by publishing notice in the Gazette | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(a) "Public Body" means the following body and institution list: (1) A body under the constitution, (2) A body established by an Act, (3) A body formed by the Government of Nepal, (4) Institution or foundation established by the law, public service. | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 2(a) "Public Body" means the following body and institution list: (5) Political Party or organization registered under the preventing law. (6) Body Corporate under the full or partial ownership or under control of the Government of Nepal or such body receiving grants from the Government of Nepal. (8) Non-Governmental Organization/Institutions operated by obtaining money directly or indirectly from the Government of Nepal or Foreign Government or International Organizations/Institutions, (9) Any other Body or Institution prescribed as Public Body by the Government of Nepal by publishing notice in the Gazette. | Covers funding and (7) has been interpreted widely to cover private bodies that are registered under a law. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | 7. Procedures of Acquiring Information: (1) A Nepali Citizen, who is interested to obtain any information under this Act, shall submit an application before concerned Information Officer by stating reason to receive such information. | Need to state reasons. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | 7. Procedures of Acquiring Information: (1) A Nepali Citizen, who is interested to obtain any information under this Act, shall submit an application before concerned Information Officer by stating reason to receive such information. | The procedures are very unclear in the law. However, in practice, apart from proving citizenship, additional information is not required. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | 7. Procedures of Acquiring Information: (1) A Nepali Citizen, who is interested to obtain any information under this Act, shall submit an application before concerned Information Officer by stating reason to receive such information. | Again, no procedures are spelt out. But you do not need to use a form and electronic systems are slowly being put in place. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | National Information Commission has issued a Guidelines for the Implementation of RTI has, which contains provision requiring Information Officer to provide assistance, but no requirements to contact for clarification. | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | National Information Commission has issued a Guidelines for the Implementation of RTI has, which contains provision requiring Information Officer to provide assistance and also reduce oral requests to writing. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 7(3) If information cannot be provided immediately pursuant to Sub-Section (2), Information Officer should instantly give a notice with reason to the applicant. | Form of receipt (unless information provided immediately). |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 7(8) While examining the application received in pursuant to Sub-Section (1), it is found that the information demanded by the applicant is not related to such Body, the Information Officer should give notification to the applicant immediately. | Sort of referral. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 2(e) "Right to Information" means the right to ask for and obtain information of public importance held in the Public Bodies and this term shall also include the right to study or observation of any written document, material held in Public Body or proceedings of such Public Body; to obtain a verified copy of such document, to visit or observe the place where any construction of public importance is going on and to obtain verified sample of any material or to obtain information held in any type of machine through such machine. 7(5) Information Officer has to provide information in the format as demanded by the applicant as much as possible. (6) Notwithstanding anything contained in Sub-Section (5), if any possibility subsist that the source of information may be damaged or destroyed or spoilt if it is provided in the format as requested by the applicant, the Information Officer shall provide such information in appropriate format with stating reason thereof. (7) If any individual submitted an application to study or observe the document, material or activity pursuant to Sub-Section (1), the Information Officer shall provide a reasonable time to the applicant for the study and observation of such document, material or activity. | Could be stronger inasmuch as it gives too much discretion to officials. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 7(2) If an application is received pursuant to Sub-Section (1), Information Officer should provide the information immediately if the information by its nature could be provided immediately and has to provide within fifteen days from the date of application if the information by its nature could not be provided immediately. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 7(2) If an application is received pursuant to Sub-Section (1), Information Officer should provide the information immediately if the information by its nature could be provided immediately and has to provide within fifteen days from the date of application if the information by its nature could not be provided immediately. | 15 days, assumed to be calendar days. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | No extensions | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 8. Fee for information: (1) Applicant shall pay fee as prescribed while requesting information pursuant with Section 7. Provided that, if different fees are prescribed for any specific information in the prevailing law, it shall be collected accordingly. | All applications to government offices in Nepal must be filed with a 10 rp postage stamp attached, so it's not completely free, but cost is very low. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | YES | 2 | Rules s. 4. Fees for Information: (1) The fees in relation to the information requested by the applicant shall be as provided separately in the prevailing laws pursuant to Section 7 of the Act and in the absence of such provision, the following fees shall be submitted before the Public Body: (a) Rs. 5/- per page for the information prepared or maintained on general size paper (8.3 inch width and 7 inch length) (b) Rs. 10/- per page for the information prepared or maintained in as bigger size as mentioned in the Clause (a). (c) Rs. 50/- for each Diskette, CD for the information to be provided through Diskette, CD or other similar electronic devices. (d) Rs. 50/- per hour per person for the study or observation of any document, material held in or visit or observation of publicly importance undergoing construction site of the Public Body, if that has to be done for more than half an hour. Provided that, no fees shall be charged for the observation of public library or public place available in free of cost.(2) Notwithstanding anything contained in Sub-Rule (1), concerned public body shall have to provide information prepared or contained normal size paper up to five pages in free of cost. (3) Notwithstanding anything contained in Sub-Rule (1), if cost would be incurred more than as stated in the sub-rule herein above, the concerned body shall determine the fee based on actual cost. (4) Notwithstanding anything contained elsewhere in this Rule, public body may collect the fees for information in cash or may cause to submit deposit voucher of any particular bank or to affix the stamp (ticket) in the application as equal to the amount thereof. (5) Fees as mentioned in this Rule, for information, shall be reviewed in every two years. | Although fees can be varied based on higher costs being incurred, which is too flexible. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | 31. Information not to be Misused: (1) A person who obtains information from a Public Body shall not misuse the information by not using it for the same purpose that was considered. (2) The concerned Public Body may complain to the Commission against a person who misuses the information against Sub-Section (1). Rule 24. Procedure to submit a complaint in relation to misuse of information: (1)Any person, who obtained an information from any public body, has misused an information not using it for the purpose that was received, the concerned public body shall submit a complaint before the Commission within thirty five days of information received about the misuse of such information. (2) While investigating such complaint received pursuant to Sub-rule (1), if it is found that information was misused by such person, the commission shall punish such a person pursuant to the Act. (3) Before imposing any punishment if the Commission thinks appropriate, it may call upon such person before the Commission and record the statement. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 2 | There is a Supreme Court decision (available in Nepali) about access to university answer sheets, which provides that the RTI law overrides other laws. | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | NO | 9 | 3(3) Notwithstanding anything provided in Sections (1) and (2), the information held by a Public Body on the following subject matters shall not be disseminated: (a) which seriously jeopardizes the sovereignty, integrity, national security, public peace, stability and international relations of Nepal. (b) which directly affects the investigation, inquiry and prosecution of a crime. (c) Which seriously affects on the protection of economic, trade or monetary interest or intellectual property or banking or trade privacy. (d) Which directly jeopardizes the harmonious relationship subsisted among various cast or communities. (e) Which interferes on individual privacy and security of body, life, property or health of a person. Provided that, a public Body shall not refrain from the responsibility of dissemination of information without appropriate and adequate reason not to flow the information. See also s. 28 on personal information. | 3(3)(d) (d) Which directly jeopardizes the harmonious relationship subsisted among various cast or communities. - this is not necessary. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 3 | 3(3) Notwithstanding anything provided in Sections (1) and (2), the information held by a Public Body on the following subject matters shall not be disseminated: (a) which seriously jeopardizes the sovereignty, integrity, national security, public peace, stability and international relations of Nepal. (b) which directly affects the investigation, inquiry and prosecution of a crime. (c) Which seriously affects on the protection of economic, trade or monetary interest or intellectual property or banking or trade privacy. (d) Which directly jeopardizes the harmonious relationship subsisted among various cast or communities. (e) Which interferes on individual privacy and security of body, life, property or health of a person. Provided that, a public Body shall not refrain from the responsibility of dissemination of information without appropriate and adequate reason not to flow the information. | 3(3)(b) and (c) both use the term "affect" which does not necessarily imply harm. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 27(2) The Committee pursuant to Sub-Section (1), regarding the classification of information under Sub-section 3 of Section (3), has to inform the Commission by determining the number of years the information should be kept confidential and method for the protection of information. (5) The information classified pursuant to the Sub-Section (2) may be kept confidential for a maximum period of thirty years, according to the nature of the information. (6) Notwithstanding anything contained in Sub-Section (5), the Committee shall review in every ten years that any information classified as confidential is necessary to keep as confidential or not. (7) While reviewing pursuant to Sub-Section (6), the Committee, if finds necessary to keep such information confidential for additional period, may decide the duration and classify as confidential for that period or may classify as nonconfidential if finds not necessary to keep confidential. | Information is time limited in its classification and reviewed every ten years. Also, harm is assessed at the time of a request. But the time limit for secrecy is 30 years. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 3(4) If a Public Body has both the information in its record that can be made public and that cannot be made public in accordance with this Act, the Information Officer shall have to provide information to the applicant after separating the information which can be made public. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | 9(4) While investigating pursuant to Sub-Section (2), if it is found that the information cannot be provided; the Chief shall make a decision accordingly and provide a notice stating the reasons to the applicant. | Only on appeal. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 9. Complaint may be made: (1) If, Information Officer, does not provide information, denies to provide information, partially provides information, provides wrong information or does not provide information by stating that the applicant is not a stakeholder, the concerned person shall make a complaint to the Chief within (7) days from the date of information denied or partially information received. (2) While investigating the complaint received pursuant to Sub-Section (1), the Chief shall order the Information Officer to provide information as demanded by applicant if it is found that the information was denied or partially provided or wrong information was provided and the Information Officer has to provide information to the concerned applicant if such order is issued. (3) While conducting investigation pursuant Sub-Section (2), if it is found that the Information Officer denied to provide information or partially provided the information knowingly or with mala fide intention or provided wrong information, the Chief may take departmental action against such Information Officer. (4) While investigating pursuant to Sub-Section (2), if it is found that the information cannot be provided; the Chief shall make a decision accordingly and provide a notice stating the reasons to the applicant. Rules 27 (1) The Chief shall finalize the complaint registered pursuant to Sub-section (1) of Section 9 within seven days after necessary inquiry. (2) While making an inquiry over the application pursuant to Sub-Rule (1), if it is found that the information has to be provided to the person who registered complaint pursuant to Sub-section (2) of Section 9, the Chief shall issue an order to the concerned Information Officer to provide information by giving seven days of time in maximum from the date of finalization of such complaint. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 10. Appeal can be made: (1) An individual, who is aggrieved by the decision of the Chief made pursuant to Sub-Section (4) of Section 9, shall appeal before the Commission within Thirty Five (35) days of the notice of decision received. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | 11(3) In order to appoint Chief Information Commissioner and Information Commissioner, there shall be a committee comprised as follows: (a) The Speaker – Chairperson (b) Minister or State Minister for Information and Communication – Member (c) President, Federation of Nepalese Journalists – Member. 14. Tenure of Office: (1) The tenure of office of the Chief Information Commissioner and the Information Commissioner shall be for five years and s/he shall not be re-appointed in the same Post. (2) Notwithstanding anything contained in Sub-Section (1), the Information Commissioner may be re-appointed in the post of Chief Information Commissioner subject to the provision of tenure of office stated in the same Sub- Section. (3) The recommendation committee pursuant to Sub-Section (3) of Section 11, shall recommend for new appointment of Chief Information Commissioner and Information Commissioners one month period to the expiry of the tenure of the office. 15. Post to be Vacated: The post the Chief Information Commissioner and Information Commissioner shall be considered vacant under the following conditions: (a) In case of his/her death, (b) In case, s/he completes the age of 65 years, (c) In case, s/he tenders resignation to the Prime Minister, (d) In case, his/her term of office is completed, (e) In case, s/he is convicted by the court in a criminal offence with moral turpitude, (f) In case of s/he is removed from the post pursuant to 16. 16. May Remove From Office: If the meeting of the Legislature-Parliament endorse the recommendation of the information and communication related committee of the Legislature-Parliament, with the two third majority of meeting presented by at least two third members out of total members, for removing Chief Information Commissioner or Information Commissioner on the ground that s/he is not fit to hold office for the reason of incompetence or misbehavior or not carrying out the duties honestly, such Chief Information Commissioner or Information Commissioner shall be removed from his/her office. Provided that, the Chief Information Commissioner or Information Commissioner charged with such accusation shall not be denied for reasonable opportunity of clarification. | There are government officials on the appointments committee but strong security of tenure. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 23. Expenditure of the Commission: (1) The Government of Nepal shall arrange necessary budget for the Commission. (2) The Commission shall also receive necessary financial resources from other sectors after getting prior permission of the Government of Nepal. Rules 10. Remuneration: The remuneration of the Chief Information Commissioner and the Information Commissioner shall be Twenty Four Thousand Three Hundred and Twenty Two Thousand Eight Hundred rupees respectively. Provided that, notwithstanding anything contained in these rules, the Chief Information Commissioner and Information Commissioner shall be receive provided the remuneration as they are currently drawing at the time of commencement of these Rules. | Doesn't report to parliament and government provides budget but salaries of Commissioners are fixed. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | YES | 2 | 12. Qualifications: One shall have the following qualifications to be appointed for the post of the Chief Information Commissioner and Information Commissioners: (a) Nepali citizen, (b) holding at least a Bachelor Degree from a recognized University, (c) having at least fifteen years of working experience in the field of Mass communication, law justice, public administration, information technology or management. 13. Disqualifications: A person with any of the following disqualification shall be disqualified to be appointed in the post of Chief Information Commissioner and Information Commissioners: (a) not having the qualification pursuant Section 12, (b) convicted by the court in a criminal offence with moral turpitude, (c) incumbent employee of Government or Public institution, (d) incumbent in any political position, (e) Disqualified for appointment under the prevailing laws. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 10(2) Commission may summon and take statement of the concerned Chief or Information Officer, order to submit a document, take statement of witness and evidence or demand copy of the document from a Public Body while deciding the appeal received pursuant Sub-Section (1). | Inspection not listed but in practice it can. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 10(3) In the course of proceeding and deciding the appeal pursuant to Sub- Section (2), the Commission may do as following: (a) May order the concerned Chief to provide information, within a given time, to the appellant without fee, if appeal is found reasonable. (b) May dismiss the appeal if it is found not reasonable.See also 19(c) and 27(4). 32(5) The Commission may impose a fine up to Ten Thousand Rupees to the concerned person in case its decision or order pursuant this Act is not abided by. | Not entirely clear from the language but Commission can fine for non-compliance. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 10(3) In the course of proceeding and deciding the appeal pursuant to Sub- Section (2), the Commission may do as following: (a) May order the concerned Chief to provide information, within a given time, to the appellant without fee, if appeal is found reasonable. (b) May dismiss the appeal if it is found not reasonable. 33. Compensation: (1) If person incur losses and damages due to not providing information, denying to provide information, providing partial or wrong information or destroying the information by the Chief or Information Officer of Public Body, such person may file a petition before the Commission for compensation within three months from the date of not acquiring information, acquiring partial or wrong information or restriction of the information. (2) If the application pursuant to Sub-Section (1) is found reasonable upon the investigation, the Commission may compensate the applicant from the concerned Body with reasonable amount upon considering the actual loses. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 34. Appeal: A person not satisfied with the decision rendered by the Commission pursuant to Section 32, may appeal before the Appellate Court within thirty five days of decision received. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | Our expert mentions that the appeal is free, but must be registered with a 5 rs stamp attached. Re. legal assistance, not stated explicity but this is the established policy of the Commission. | |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 8(3) If the fee prescribed pursuant to Sub-Section (2) is deemed more than the actual price, the concerned person may file a petition before the Commission. 9. Complaint may be made: (1) If, Information Officer, does not provide information, denies to provide information, partially provides information, provides wrong information or does not provide information by stating that the applicant is not a stakeholder, the concerned person shall make a complaint to the Chief within (7) days from the date of information denied or partially information received. 10(3) In the course of proceeding and deciding the appeal pursuant to Sub- Section (2), the Commission may do as following: (a) May order the concerned Chief to provide information, within a given time, to the appellant without fee, if appeal is found reasonable. See also 33 on complaints about compensation. | Envisages appeals for fees and all forms of access, and also remedies for time limits. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 10(4) The Commission has to give final verdict on the appeal within sixty days of the appeal. (5) Other procedures to be followed by the commission during appeal pursuant to this Section shall be as prescribed. Rules 6. Proceedings and Decision of Appeal: (1) The Commission, while proceeding and making decision on appeal, shall have to decide thereof based the evaluation of the claim of the Appellant, reply of the concerned Chief and the obtained proofs and evidence. (2) The Commission shall have to finalize the appeal within Sixty days from the date of appeal received by the Commission. (3) While issuing an order in the name of the concerned chief based on the claim of the Appellant or issuing an order to quash the appeal, the Commission shall give reasons and justifications. 7. Procedure may be Determined: (a) The Commission may determine the necessary procedure, in the course of proceeding and deciding the appeal, as to summoning to the concerned Chief, Information Officer or other related person for the statement before the Commission or producing document or proof and evidence from the concerned person. (b) The Commission shall make public procedure laid down under Sub-rule (1). | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 19. Functions, Duties and Powers of the Commission: In addition to the functions, duties and powers stated elsewhere in this Act, the functions, duties and powers of the Commission shall be as follows: (b) To issue order to such Body to enlist and manage the records, documents and other materials pertaining the information; ... (e) To order concerned party to fulfill the liability as mentioned in this Act. | 19(e),in particular, has been interpreted as a general power to order public bodies to implement all provisions under the Act. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 9(3) While conducting investigation pursuant Sub-Section (2), if it is found that the Information Officer denied to provide information or partially provided the information knowingly or with mala fide intention or provided wrong information, the Chief may take departmental action against such Information Officer. 32. Punishment: (1) If the Commission finds that Chief of public Body or Information Officer has held back information without valid reason, refused to information or provided partial or wrong information or destroyed information; the Commission may impose a fine to such Chief or Information Officer from Rupees One Thousand Rupees to Twenty Five Thousand Rupees and if such Chief or Information Officer is in eligible for departmental action, it may write to the concerned Body for departmental action. (2) If the Chief of a public Body or Information Officer, delay to provide information which has to be provided on time without reason, shall be punished with a fine of Two Hundred Rupees per day so is delayed to provide the information. (3) If the Commission writes to the concerned Body for Departmental action pursuant to Sub-Section (1), the Public Body shall take Departmental action against that Chief or Information Officer within three months and notify the same to the Commission. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 32. Punishment: (1) If the Commission finds that Chief of public Body or Information Officer has held back information without valid reason, refused to information or provided partial or wrong information or destroyed information; the Commission may impose a fine to such Chief or Information Officer from Rupees One Thousand Rupees to Twenty Five Thousand Rupees and if such Chief or Information Officer is in eligible for departmental action, it may write to the concerned Body for departmental action. (2) If the Chief of a public Body or Information Officer, delay to provide information which has to be provided on time without reason, shall be punished with a fine of Two Hundred Rupees per day so is delayed to provide the information. (3) If the Commission writes to the concerned Body for Departmental action pursuant to Sub-Section (1), the Public Body shall take Departmental action against that Chief or Information Officer within three months and notify the same to the Commission. 33. Compensation: (1) If person incur losses and damages due to not providing information, denying to provide information, providing partial or wrong information or destroying the information by the Chief or Information Officer of Public Body, such person may file a petition before the Commission for compensation within three months from the date of not acquiring information, acquiring partial or wrong information or restriction of the information. (2) If the application pursuant to Sub-Section (1) is found reasonable upon the investigation, the Commission may compensate the applicant from the concerned Body with reasonable amount upon considering the actual loses. | The head of a public body can be sanctioned and it can also be ordered to pay compensation to a requester. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | Partially | 1 | 36. Save to Works done with Good Faith: Notwithstanding anything contained elsewhere in this Act, no case shall be filed and no punishment shall be imposed against the Chief or Information Officer for his/her works regarding the dissemination of information in good faith. | Limited to Chief and Information Officer. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | 29. Protection of Whistleblower: (1) It shall be a responsibility of an employee of a Public Body to provide information on any ongoing or probable corruption or irregularities or any deed taken as offence under the prevailing laws. (2) It shall be the duty of the information receiver to make the identity of whistleblower in accordance with Sub-Section (1) confidential. (3) The whistleblower shall not be terminated from his/her post or punished with any legal responsibility or caused any loss or harm for giving information pursuant to Sub-section (1) (4) If any punishment or harm is done to the whistleblower against Sub-Section (3), the whistleblower may complaint, along with demand for compensation, before the commission for revoking such decision. (5) While investigating the complaint pursuant to Sub-Section (4), the Commission may order to revoke the decision of removal from the office if so removed from office and for the compensation if any damages caused to the whistleblower. | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 6. Provision of Information Officer: (1) A Public Body shall arrange for an Information Officer for the purpose of disseminating information held in its office. (2) For the purpose of disseminating information in accordance with Sub- Section (1), the Chief has to regularly provide information held in the office to the Information Officer. (3) Public Body shall set up an Information Section for the purpose of disseminating information as per necessity. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 11. Provision Regarding Commission: (1) There shall be an independent National Information Commission for the protection, promotion and practice of right to information. 19. Functions, Duties and Powers of the Commission: In addition to the functions, duties and powers stated elsewhere in this Act, the functions, duties and powers of the Commission shall be as follows: (g) To issue other appropriate orders regarding the protection, promotion and exercise of right to information. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 11. Provision Regarding Commission: (1) There shall be an independent National Information Commission for the protection, promotion and practice of right to information. | The NIC has interpreted its general duty to protect the right to include an educational element. It undertakes general public awareness raising and has also integrated RTI into the school curriculum. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 4(2) Public Body shall have following responsibilities for the purpose of Sub-Section (1): (a) to classify and update information and make them public, publish and broadcast. 5. Updating and Publication of Information: (1) A Public Body shall keep its information updated. (2) A Public Body, as long as possible, shall update at least of twenty years old information from the commencement of this Act related to it in pursuant to Sub-Section (1). 19. Functions, Duties and Powers of the Commission: In addition to the functions, duties and powers stated elsewhere in this Act, the functions, duties and powers of the Commission shall be as follows: (b) To issue order to such Body to enlist and manage the records, documents and other materials pertaining the information | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4(2) Public Body shall have following responsibilities for the purpose of Sub-Section (1): (a) to classify and update information and make them public, publish and broadcast. Rules 3. Information to be published: In addition to matters stated in Sub-Section (3) of Section 5 of Right to Information Act, Public Body shall publish following information by listing thereof: (c) Details of information of the Public Body published or to be published elsewhere if any. | Very vague here. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | 4(2) Public Body shall have following responsibilities for the purpose of Sub-Section (1): (d) to provide appropriate training and orientation to its staffs | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 25. Annual Report: (1) The commission shall submit annual Report of its activities to the Legislature-Parliament through Prime Minister. (2) The Commission shall publish, the Annual Report pursuant Sub-Section (1) publicly for the purpose of public notice. |
