|
18 |
(1) |
|
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,— |
| |
|
(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; |
| |
|
(b) |
who has been refused access
to any information requested under this Act; |
|
|
|
(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; |
| |
|
(d) |
who has
been required to pay an amount of fee which he or she considers
unreasonable; |
| |
|
(e) |
who believes that he or she
has been given incomplete, misleading or false information under this
Act; and |
| |
|
(f) |
in respect of any other
matter relating to requesting or obtaining access to records under this
Act. |
| |
(2) |
|
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. |
| |
(3) |
|
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:— |
| |
|
(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; |
| |
|
(b) |
requiring the discovery and
inspection of documents; |
| |
|
(c) |
receiving evidence on
affidavit; |
| |
|
(d) |
requisitioning any public
record or copies thereof from any court or office; |
| |
|
(e) |
issuing summons for
examination of witnesses or documents; and |
| |
|
(f) |
any other matter which may
be prescribed. |
| |
(4) |
|
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. |
|
19 |
(1) |
|
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: |
| |
|
|
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. |
| |
(2) |
|
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. |
| |
(3) |
|
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: |
| |
|
|
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. |
| |
(4) |
|
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. |
| |
(5) |
|
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. |
| |
(6) |
|
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. |
| |
(7) |
|
The decision of the Central
Information Commission or State Information Commission, as the case may
be, shall be binding. |
| |
(8) |
|
In its decision, the Central
Information Commission or State Information Commission, as the case may
be, has the power to— |
| |
|
(a) |
require the public authority
to take any such steps as may be necessary to secure compliance with the
provisions of this Act, including— |
| |
|
|
(i) |
by providing access to
information, if so requested, in a particular form; |
| |
|
|
(ii) |
by appointing a Central
Public Information Officer or State Public Information Officer, as the
case may be; |
| |
|
|
(iii) |
by publishing certain
information or categories of information; |
| |
|
|
(iv) |
by making necessary changes
to its practices in relation to the maintenance, management and
destruction of records; |
| |
|
|
(v) |
by enhancing the provision
of training on the right to information for its officials; |
| |
|
|
(vi) |
by providing it with an
annual report in compliance with clause (b) of sub-section (1) of
section 4; |
| |
|
(b) |
require the public authority
to compensate the complainant for any loss or other detriment suffered; |
| |
|
(c) |
impose any of the penalties
provided under this Act; |
| |
|
(d) |
reject the application. |
| |
(9) |
|
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. |
| |
(10) |
|
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. |
|
20 |
(1) |
|
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: |
| |
|
|
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: |
| |
|
|
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. |
| |
(2) |
|
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. |
|
[
CHAPTER I ] [
CHAPTER II ] [
CHAPTER III ] [
CHAPTER IV ]
[ CHAPTER V ] [
CHAPTER VI ] |
Food
Corporation of India, All rights reserved