Copy of Cabinet Note on prohibition of FDI in manufacturing of cigarettes was denied u/s 8(1)(i) - reason and basis for the decision were provided - CIC: since the decision has already been taken by the CCEA, provide a copy of the note
6 Dec, 2013ORDER
1. The appellant through his RTI application dated 25.10.2012 sought a copy of the Cabinet Note on prohibition of FDI in manufacturing of cigarettes approved by Cabinet Committee on Economic Affairs (CCEA). The CPIO vide letter No. 1(39)/2012-FC-1 dated 31.10.2012, while holding the appellant that Cabinet papers are exempted from disclosure u/s 8(1) (i) of the RTI Act informed the appellant of the “Decision taken” and “Reason and Basis” as contained in the CCEA Note, which is as under: Decision: “To prohibit FDI in manufacturing of cigarettes and to include the activity in the list of activities prohibited for FDI’. Reason and Basis: ‘This would bring the policy in line with the administrative decision not to grant industrial license for cigarette manufacturing. It will also align the FDI policy with the existing legislation on the Tobacco control to a greater extent’.
2. However, not satisfied with the reply of the CPIO, the appellant filed appeal on 7.11.2012 before the FAA. The FAA vide order No. 1(39)/2012-FC-1 dated 3.12.2012 held that the decision taken by the CCEA and the reasons and basis contained in CCEA Note, has already been provided by the CPIO. As such, the document itself, that is Cabinet Note of CCEA, cannot be provided as the same is subject to the limitations prescribed under section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act, 2005.
3. In his second appeal filed before the Commission the appellant states that while section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act prescribes that Cabinet paper cannot be supplied under the RTI Act, whereas, the proviso makes it clear that this does not apply to Cabinet papers where the decision has been taken. In this case Cabinet Note on prohibition of FDI in manufacturing of cigarettes was approved by the CCEA, which has been conceded by the CPIO in his letter dated 8.8.2012. When it was appealed to the FAA, the proviso to section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; was completely suppressed while his passing order.
4. There is merit in the contention put forth by the appellant. As per proviso to section 8(1) (i) of the RTI Act “The decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete or over”. Since the decision on prohibition of FDI in manufacturing of cigarettes has already been taken by the CCEA, the appellant is entitled to get a copy of the said note. The Commission hereby directs the CPIO, to provide copy of the aforementioned CCEA note to the appellant, free of cost, within ten days of receipt of this order. The matter is accordingly disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
Citation: Shri S. Zahir Hussain v. Ministry of Commerce & Industry, Department of Industrial Policy & Promotion in Case No. CIC/SS/A/2013/000846