7. Insertion of new section 6A in the principal enactment

The following new section is hereby inserted immediately after section 6 of the principal enactment and shall have effect as section 6A of that enactment:–

6A. (1) Every officer referred to under section 4 shall consider all matters strictly confidential.

Unless otherwise authorized by law, a person who, because of his official capacity or office, and being aware of the confidential nature of the request, has knowledge of-–

the contents of such request made under this Act;

the fact that such request has been, or is about to be made; or

the fact that such request has been granted or refused, shall not disclose such content or facts except to the extent that the disclosure is necessary to execute the foreign request.

In order to comply with a request, if confidentiality cannot be upheld as specified in subsection (2), the Central Authority shall be promptly informed and the Central Authority shall in turn inform the appropriate authority of a specified country or specified organization, which shall then determine whether the request should nevertheless be executed.

Any person who fails to comply with this section, commits an offence and shall be liable on conviction by the High Court of the Province to a fine exceeding one hundred thousand rupees taking into consideration the nature and gravity of the non-compliance. Provided, however, such fine shall not exceed a sum of five million rupees in any given case.

For the purposes of this Act, a request for information relating to a criminal matter may be granted after ensuring the authenticity of the requesting person.”.