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W

Question:

What protection is available to the PIO before SIC imposes penalty?

(Last edited: Wednesday, 18 January 2023, 4:16 PM)
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:

What will be the penalty if a department is not able to meet the deadline for proactive disclosure (120 days)?

(Last edited: Wednesday, 18 January 2023, 2:15 PM)
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.


Question:

When can Sec 11 of RTI Act be invoked?

(Last edited: Wednesday, 18 January 2023, 4:48 PM)
Answer:

Section 11 can be invoked only if the information relates to or has been supplied by a third party and has been treated as confidential by the 3rd party.


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