Section Text
(1)Where a Central Public Information Officer or the State Public informationOfficer, as the case may be intends to disclose any information or record, orpart thereof on a request made under this Act, which relates to or has beensupplied by a third party and has been treated as confidential by that thirdparty, 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 thatthe Central Public Information Officer or State Public Information Officer, asthe case may be, intends to disclose the information or record, or partthereof, and invite the third party to make a submission in writing or orally,regarding whether the information should be disclosed, and such submission ofthe third party shall be kept in view while taking a decision about disclosureof information:
Providedthat except in the case of trade or commercial secrets protected by law,disclosure may be allowed if the public interest in disclosure outweighs inimportance 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 StatePublic Information Officer, as the case may be, under sub-section (1) to athird party in respect of any information or record or part thereof, the thirdparty shall, within ten days from the date of receipt of such notice, be giventhe opportunity to make representation against the proposed disclosure.
(3)Notwithstanding anything contained in section 7, the Central Public InformationOfficer or State Public Information Officer, as the case may be, shall, withinforty days after receipt of the request under section 6, if the third party hasbeen given an opportunity to make representation under sub-section (2), make adecision as to whether or not to disclose the information or record or partthereof and give in writing the notice of his decision to the third party.
(4) Anotice given under sub-section (3) shall include a statement that the thirdparty to whom the notice is given is entitled to prefer an appeal under section19 against the decision.