Agriculture Department,

Uttar Pradesh

Pardarshi Kisan Seva Yojna,

Kisan ka Adhikar Kisan ke Dwaar

Act-2005

9. Grounds for rejection to access in certain cases.-
    Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
10. Severability. –
  1. Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
  2. Where access is granted to a part of the record under sub-section (I), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing-
    1. That only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
    2. The reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
    3. The name and designation of the person giving the decision;
    4. The details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
    5. His or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (I) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.
11.
  1. Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to made a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
  2. Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (I) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to made representation against the proposed disclosure.
  3. Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.
  4. A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.