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Question: (Last edited: Wednesday, 18 January 2023, 4:16 PM)What protection is available to the PIO before SIC imposes penalty? | ||||
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Answer: The PIO shall be given a reasonable opportunity of being heard before any penalty is imposed on him/her. The burden of proving that s/he acted reasonably and diligently shall be on the PIO. | ||||
Question: (Last edited: Wednesday, 18 January 2023, 2:15 PM)What will be the penalty if a department is not able to meet the deadline for proactive disclosure (120 days)? | ||||
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Answer: There is no penalty for not meeting this deadline. But it is advisable to publish as much information as possible within the deadline and give it wide media publicity so that people know that Government is earnest about implementing the law. It must be noted that the Information Commission has the power [Sec.19(8)(a)(vi)] to receive from a public authority an annual compliance report in relation to Sec.4. This reporting mechanism will technically make the public authority answerable to the Information Commission on all acts of commission and omission in relation to proactive disclosure. | ||||