7 February 2013

Penal provisions of RTI Act, 2005



There is a famous proverb “bhaya bin prit na hoye" which means love comes out of fear. It is applicable in all cases and like all medicines, it is administered in limited dosages and at certain intervals. What is its implication in RTI Act, 2005. Let me discuss.
You give an RTI Application to the Public Information Officer. The Govt Officer is bound to attend it. Either he has to reject it or provide the information. Suppose, he will not provide. Next , we have to Appeal. If the Appellate Authority is also of  the negative mentality, then what to do? Second Appeal before State Information/ Central Information Commission, New Delhi. Can any Applicant afford to run from pillar to post to get the information & document.
For this specific circumstance, the framers of RTI Act, 2005 has inserted a penal provision under Section 19 (b) of the RTI Act, 2005. The sub section of the Rule says as follows:-
Section 19
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(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.
A maximum penalty amount of Rs 25,000/- has been prescribed under the RTI Act, 2005.

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