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18.
Powers and functions of Information
Commissions Appeal and Penalties |
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(1) |
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Subject to the
provisions of this Act, it shall be the duty
of the Central Information Commission or
State Information Commission, as the case
may be, to receive and inquire into a
complaint from any person,— |
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(a) |
who has been
unable to submit a request to a Central
Public Information Officer or State Public
Information Officer, as the case may be,
either by reason that no such officer has
been appointed under this Act, or because
the Central Assistant Public Information
Officer or State Assistant Public
Information Officer, as the case may be, has
refused to accept his or her application for
information or appeal under this Act for
forwarding the same to the Central Public
Information Officer or State Public
Information Officer or senior officer
specified in sub-section (1) of section 19
or the Central Information Commission or the
State Information Commission, as the case
may be; |
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(b) |
who has been
refused access to any information requested
under this Act; |
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(c) |
who has not
been given a response to a request for
information or access to information within
the time limit specified under this Act; |
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(d) |
who has been
required to pay an amount of fee which he or
she considers unreasonable; |
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(e) |
who believes
that he or she has been given incomplete,
misleading or false information under this
Act; and |
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(f) |
in respect of
any other matter relating to requesting or
obtaining access to records under this Act. |
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(2) |
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Where the
Central Information Commission or State
Information Commission, as the case may be,
is satisfied that there are reasonable
grounds to inquire into the matter, it may
initiate an inquiry in respect thereof. |
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(3) |
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The Central
Information Commission or State Information
Commission, as the case may be, shall, while
inquiring into any matter under this
section, have the same powers as are vested
in a civil court while trying a suit under
the Code of Civil Procedure, 1908, in
respect of the following matters, namely:— |
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(a) |
summoning and
enforcing the attendance of persons and
compel them to give oral or written evidence
on oath and to produce the documents or
things; |
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(b) |
requiring the
discovery and inspection of documents; |
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(c) |
receiving
evidence on affidavit; |
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(d) |
requisitioning
any public record or copies thereof from any
court or office; |
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(e) |
issuing
summons for examination of witnesses or
documents; and |
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(f) |
any other
matter which may be prescribed. |
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(4) |
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Notwithstanding anything inconsistent
contained in any other Act of Parliament or
State Legislature, as the case may be, the
Central Information Commission or the State
Information Commission, as the case may be,
may, during the inquiry of any complaint
under this Act, examine any record to which
this Act applies which is under the control
of the public authority, and no such record
may be withheld from it on any grounds. |
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19 |
Appeal |
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(1) |
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Any person
who, does not receive a decision within the
time specified in sub-section (1) or clause
(a) of sub-section (3) of section 7, or is
aggrieved by a decision of the Central
Public Information Officer or State Public
Information Officer, as the case may be, may
within thirty days from the expiry of such
period or from the receipt of such a
decision prefer an appeal to such officer
who is senior in rank to the Central Public
Information Officer or State Public
Information Officer as the case may be, in
each public authority: |
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Provided that
such officer may admit the appeal after the
expiry of the period of thirty days if he or
she is satisfied that the appellant was
prevented by sufficient cause from filing
the appeal in time. |
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(2) |
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Where an
appeal is preferred against an order made by
a Central Public Information Officer or a
State Public Information Officer, as the
case may be, under section 11 to disclose
third party information, the appeal by the
concerned third party shall be made within
thirty days from the date of the order. |
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(3) |
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A second
appeal against the decision under
sub-section (1) shall lie within ninety days
from the date on which the decision should
have been made or was actually received,
with the Central Information Commission or
the State Information Commission: |
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Provided that
the Central Information Commission or the
State Information Commission, as the case
may be, may admit the appeal after the
expiry of the period of ninety days if it is
satisfied that the appellant was prevented
by sufficient cause from filing the appeal
in time. |
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(4) |
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If the
decision of the Central Public Information
Officer or State Public Information Officer,
as the case may be, against which an appeal
is preferred relates to information of a
third party, the Central Information
Commission or State Information Commission,
as the case may be, shall give a reasonable
opportunity of being heard to that third
party. |
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(5) |
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In any appeal
proceedings, the onus to prove that a denial
of a request was justified shall be on the
Central Public Information Officer or State
Public Information Officer, as the case may
be, who denied the request. |
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(6) |
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An appeal
under sub-section (1) or sub-section (2)
shall be disposed of within thirty days of
the receipt of the appeal or within such
extended period not exceeding a total of
forty-five days from the date of filing
thereof, as the case may be, for reasons to
be recorded in writing. |
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(7) |
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The decision
of the Central Information Commission or
State Information Commission, as the case
may be, shall be binding. |
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(8) |
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In its
decision, the Central Information Commission
or State Information Commission, as the case
may be, has the power to— |
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(a) |
require the
public authority to take any such steps as
may be necessary to secure compliance with
the provisions of this Act, including— |
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(i) |
by providing
access to information, if so requested, in a
particular form; |
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(ii) |
by appointing
a Central Public Information Officer or
State Public Information Officer, as the
case may be; |
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(iii) |
by publishing
certain information or categories of
information; |
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(iv) |
by making
necessary changes to its practices in
relation to the maintenance, management and
destruction of records; |
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(v) |
by enhancing
the provision of training on the right to
information for its officials; |
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(vi) |
by providing
it with an annual report in compliance with
clause (b) of sub-section (1) of section 4; |
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(b) |
require the
public authority to compensate the
complainant for any loss or other detriment
suffered; |
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(c) |
impose any of
the penalties provided under this Act; |
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(d) |
reject the
application. |
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(9) |
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The Central
Information Commission or State Information
Commission, as the case may be, shall give
notice of its decision, including any right
of appeal, to the complainant and the public
authority. |
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(10) |
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The Central
Information Commission or State Information
Commission, as the case may be, shall decide
the appeal in accordance with such procedure
as may be prescribed. |
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20 |
Penalties |
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(1) |
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Where the
Central Information Commission or the State
Information Commission, as the case may be,
at the time of deciding any complaint or
appeal is of the opinion that the Central
Public Information Officer or the State
Public Information Officer, as the case may
be, has, without any reasonable cause,
refused to receive an application for
information or has not furnished information
within the time specified under sub-section
(1) of section 7 or malafidely denied the
request for information or knowingly given
incorrect, incomplete or misleading
information or destroyed information which
was the subject of the request or obstructed
in any manner in furnishing the information,
it shall impose a penalty of two hundred and
fifty rupees each day till application is
received or information is furnished, so
however, the total amount of such penalty
shall not exceed twenty-five thousand
rupees: |
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Provided that
the Central Public Information Officer or
the State Public Information Officer, as the
case may be, shall be given a reasonable
opportunity of being heard before any
penalty is imposed on him: |
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Provided
further that the burden of proving that he
acted reasonably and diligently shall be on
the Central Public Information Officer or
the State Public Information Officer, as the
case may be. |
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(2) |
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Where the
Central Information Commission or the State
Information Commission, as the case may be,
at the time of deciding any complaint or
appeal is of the opinion that the Central
Public Information Officer or the State
Public Information Officer, as the case may
be, has, without any reasonable cause and
persistently, failed to receive an
application for information or has not
furnished information within the time
specified under sub-section (1) of section 7
or malafidely denied the request for
information or knowingly given incorrect,
incomplete or misleading information or
destroyed information which was the subject
of the request or obstructed in any manner
in furnishing the information, it shall
recommend for disciplinary action against
the Central Public Information Officer or
the State Public Information Officer, as the
case may be, under the service rules
applicable to him.
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