The Right to Information Act has given such a wide definition of "information" under section 2(f) where it means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
And under section 2(i) of the Act "record" includes—
(a) any document, manuscript and file
(b) any microfilm, microfiche and facsimile copy of a document
(c) any reproduction of image or images embodied in such microfilm
(d) any other material produced by a computer or any other device
- The term "right to information" is itself defined in the Act as the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-
i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
- Under section 3 of the Right to Information Act, the Right to Information is provided to the citizens of India.
- The term "public authority" under section means any authority or body or institution of self-government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government
- Under section 4 of the RTI Act, these public authorities have following obligations:-
(1) Every public authority shall—
(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated;.
(b) publish within one hundred and twenty days from the enactment of this Act,—
(i) the particulars of its organization, functions and duties
(ii) the powers and duties of its officers and employee
(iii) the procedure followed in the decision-making process, including channels of supervision and accountability
(iv) the norms set by it for the discharge of its functions
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions
(vi) a statement of the categories of documents that are held by it or under its control
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; 4 Right to Information Act, 2005 (Chapter IL-Right to information and obligations of public authorities.)
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards; councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public
(ix) a directory of its officers and employees
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes
(xiii) particulars of recipients of concessions, permits or authorizations granted by it
(xiv) details in respect of the information, available to or held by it, reduce an electronic form;
(xv)the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use
(xvi) the names, designations and other particulars of the Public Information Officers
(xvii)such other information as may be prescribed; and thereafter update these publications every year;
(c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions to affected persons.
(2) It shall be a constant endeavor of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), information shall be disseminated widely and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible to the extent possible in electronic format with the Public Information Officer available free or at such cost of the medium or the print cost price as may be prescribed.
- The section 6 of the RTI Act, 2005 describes the manner in which a citizen can obtain information under this Act.
(1) A request for information is made under section 6(1) of the RTI Act. A request is to be made in writing or through electronic means in English or Hindi or in the official language of the area accompanying such fee as may be prescribed and specifying the particulars of the information sought by him or her. The request may be made to
(a) the Central Public Information Officer or State Public Information Officer of the concerned public authority
(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer
That person can also seek some reasonable assistance from the Central Public Information Officer or State Public Information Officer in writing such request.
(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
- On the receipt of such request the Public Information Officer shall either provide the information or reject the request for any of the reasons specified in sections 8 and 9 of this Act, within 30 days. However, where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
- If the Public Information officer fails to give decision on the request for information within the specified period Public Information Officer shall be deemed to have refused the request.
- The person making request for the information shall be provided the information free of charge where a public authority fails to comply with the specified time limits.
- Where a request has been rejected, Public Information Officer shall communicate to the person making the request,—
(i) the reasons for such rejection
(ii) the period within which an appeal against such rejection may be preferred
(iii)the particulars of the appellate authority.
- Despite giving the term "information" such a wide meaning there are some information which are exempted to be given under section 8 of this Act, as following:-
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information
(f) information received in confidence from foreign Government
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes
(h) information which would impede the process of investigation or apprehension or prosecution of offenders
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information
However, a public authority may allow access to information if public interest in disclosure outweighs the harm to the protected interests.
- Under section 9 of this Act, the Public Information Officer may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
- Under section 10 of the RTI Act, 2005 the doctrine of Severability is applicable for the information which are exempted from disclosure. According to this doctrine where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
- The section 11 of the RTI Act, 2005 deals with the information related to third party. Here, under section 2(n) of this Act, "third party'' means a person other than the citizen making a request for information and includes a public authority. Where Public Information Officer intends to disclose any information or record relates to a third party, the Public Information Officer shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Public Information Officer intends to disclose the information or record and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed or not.
The third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
After giving the third party an opportunity to make representation, the Public Information Officer shall, within forty days after receipt of the request, make a decision as to whether or not to disclose the information or record and give in writing the notice of his decision to the third party. The notice shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
- The sections 12 and 15 deals with the Constitution of Central Information Commission & State Information Commission respectively, consisting of a Chief Information Commissioner and such number of Information Commissioners not exceeding 10.
- The section 18 of the RTI Act, 2005 mentions the powers and functions of the Information Commissioners as following:-
(1) It shall be the duty of the Information Commission to receive and inquire into a complaint from any person:
(a) who has been unable to submit a request to a Public Information Officer either by reason that no such officer has been appointed under this Act
(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
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2) Where the Information Commission is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry.
(3) The Information Commission 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 (5 of 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
(f) any other matter which may be prescribed.
- The section 19 of the Act deals with the procedures of making appeals. The section states that
(1) Any person who, does not receive a decision within the specified time or is aggrieved by a decision of the Public Information Officer 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 Public Information Officer 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. This appeal shall be disposed off within 30 days or an extended period of 45 days.
(2) The Third party can also make an appeal against the order of disclosure of any information under section 11 within 30 days from the date of the order.
(3) A second appeal shall lie with the Information Commission within 90 days from the date on which the decision should have been made or was actually received
Provided that the Information Commission may admit the appeal after the expiry of the period of 90 days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Public Information Officer who denied the request.
- The section 20 of the Act deals with the matter of Penalty. Where the Information Commission at the time of deciding any complaint or appeal is of the opinion that the Public Information Officer has, without any reasonable cause, refused to receive an application for information or has not furnished information within the specified time 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. But the public Information Officer shall be given a reasonable opportunity of being heard before imposing a penalty.
- Section 21 of this Act provides any person protection against prosecution for any action done in good faith. And under section 23 of this Act, no court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
- Under section 29 of this Act, the Appropriate Government, either State Government or the Central Government, is to do following things, to the extent of availability of financial and other resources.—
(a) develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;
(b) encourage public 'authorities to participate in the development and organization of programmes referred to in clause to) and to undertake such programmes themselves;
(c) promote timely and effective dissemination of accurate information by public authorities about their activities; and
(d) train Public Information Officers of public authorities and produce relevant training materials for use by the public authorities themselves.
(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.
(3) The appropriate Government shall update and publish the guidelines including—
(a) the objects of this Act;
(b) the postal and street address, the phone and fax number and e-mail address of the Public Information Officer of every public authority.
(c) the manner and the form in which request for access to an information shall be made to a Public Information Officer.
(d) the assistance available from and the duties of the Public Information Officer of a public authority under this Act.
(e) the assistance available from the Information Commission.
(f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission.
(g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4
(h) the notices regarding fees to be paid in relation to requests for access to an information
(i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.
(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
With this Act, the Freedom of Information Act, 2002 is hereby repealed.
- The Right to Information Act has given such a wide definition of "information" under section 2(f) where it means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force
And under section 2(i) of the Act "record" includes—
(a) any document, manuscript and file
(b) any microfilm, microfiche and facsimile copy of a document
(c) any reproduction of image or images embodied in such microfilm
(d) any other material produced by a computer or any other device
- The term "right to information" is itself defined in the Act as the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-
i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
- Under section 3 of the Right to Information Act, the Right to Information is provided to the citizens of India.
- The term "public authority" under section means any authority or body or institution of self-government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government, and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government
- Under section 4 of the RTI Act, these public authorities have following obligations:-
(1) Every public authority shall—
(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated;.
(b) publish within one hundred and twenty days from the enactment of this Act,—
(i) the particulars of its organization, functions and duties
(ii) the powers and duties of its officers and employee
(iii) the procedure followed in the decision making process, including channels of supervision and accountability
(iv) the norms set by it for the discharge of its functions
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions
(vi) a statement of the categories of documents that are held by it or under its control
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; 4 Right to Information Act, 2005 (Chapter IL-Right to information and obligations of public authorities.)
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards; councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public
(ix) a directory of its officers and employees
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes
(xiii) particulars of recipients of concessions, permits or authorizations granted by it
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv)the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use
(xvi) the names, designations and other particulars of the Public Information Officers
(xvii)such other information as may be prescribed; and thereafter update these publications every year;
(c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions to affected persons.
(2) It shall be a constant endeavor of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), information shall be disseminated widely and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible to the extent possible in electronic format with the Public Information Officer available free or at such cost of the medium or the print cost price as may be prescribed.
- The section 6 of the RTI Act, 2005 describes the manner in which a citizen can obtain information under this Act.
(1) A request for information is made under section 6(1) of the RTI Act. A request is to be made in writing or through electronic means in English or Hindi or in the official language of the area accompanying such fee as may be prescribed and specifying the particulars of the information sought by him or her. The request may be made to
(a) the Central Public Information Officer or State Public Information Officer of the concerned public authority
(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer
That person can also seek some reasonable assistance from the Central Public Information Officer or State Public Information Officer in writing such request.
(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
- On the receipt of such request the Public Information Officer shall either provide the information or reject the request for any of the reasons specified in sections 8 and 9 of this Act, within 30 days. However, where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
- If the Public Information officer fails to give decision on the request for information within the specified period Public Information Officer shall be deemed to have refused the request.
- The person making request for the information shall be provided the information free of charge where a public authority fails to comply with the specified time limits.
- Where a request has been rejected, Public Information Officer shall communicate to the person making the request,—
(i) the reasons for such rejection
(ii) the period within which an appeal against such rejection may be preferred
(iii)the particulars of the appellate authority.
- Despite giving the term "information" such a wide meaning there are some information which are exempted to be given under section 8 of this Act, as following:-
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information
(f) information received in confidence from foreign Government
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes
(h) information which would impede the process of investigation or apprehension or prosecution of offenders
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information
However, a public authority may allow access to information if public interest in disclosure outweighs the harm to the protected interests.
- Under section 9 of this Act, the Public Information Officer may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
- Under section 10 of the RTI Act, 2005 the doctrine of Severability is applicable for the information which are exempted from disclosure. According to this doctrine where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
- The section 11 of the RTI Act, 2005 deals with the information related to third party. Here, under section 2(n) of this Act, "third party'' means a person other than the citizen making a request for information and includes a public authority. Where Public Information Officer intends to disclose any information or record relates to a third party, the Public Information Officer shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Public Information Officer intends to disclose the information or record and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed or not.
The third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
After giving the third party an opportunity to make representation, the Public Information Officer shall, within forty days after receipt of the request, make a decision as to whether or not to disclose the information or record and give in writing the notice of his decision to the third party. The notice shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
- The sections 12 and 15 deals with the Constitution of Central Information Commission & State Information Commission respectively, consisting of a Chief Information Commissioner and such number of Information Commissioners not exceeding 10.
- The section 18 of the RTI Act, 2005 mentions the powers and functions of the Information Commissioners as following:-
(1) It shall be the duty of the Information Commission to receive and inquire into a complaint from any person:
(a) who has been unable to submit a request to a Public Information Officer either by reason that no such officer has been appointed under this Act
(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
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
(2) Where the Information Commission is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry.
(3) The Information Commission 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 (5 of 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
(f) any other matter which may be prescribed.
- The section 19 of the Act deals with the procedures of making appeals. The section states that
(1) Any person who, does not receive a decision within the specified time or is aggrieved by a decision of the Public Information Officer 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 Public Information Officer 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. This appeal shall be disposed off within 30 days or an extended period of 45 days.
(2) The Third party can also make an appeal against the order of disclosure of any information under section 11 within 30 days from the date of the order.
(3) A second appeal shall lie with the Information Commission within 90 days from the date on which the decision should have been made or was actually received
Provided that the Information Commission may admit the appeal after the expiry of the period of 90 days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(5) In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Public Information Officer who denied the request.
- The section 20 of the Act deals with the matter of Penalty. Where the Information Commission at the time of deciding any complaint or appeal is of the opinion that the Public Information Officer has, without any reasonable cause, refused to receive an application for information or has not furnished information within the specified time 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. But the public Information Officer shall be given a reasonable opportunity of being heard before imposing a penalty.
- Section 21 of this Act provides any person protection against prosecution for any action done in good faith. And under section 23 of this Act, no court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
- Under section 29 of this Act, the Appropriate Government, either State Government or the Central Government, is to do following things, to the extent of availability of financial and other resources.—
(a) develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;
(b) encourage public 'authorities to participate in the development and organization of programmes referred to in clause to) and to undertake such programmes themselves;
(c) promote timely and effective dissemination of accurate information by public authorities about their activities; and
(d) train Public Information Officers of public authorities and produce relevant training materials for use by the public authorities themselves.
(2) The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.
(3) The appropriate Government shall update and publish the guidelines including—
(a) the objects of this Act;
(b) the postal and street address, the phone and fax number and e-mail address of the Public Information Officer of every public authority.
(c) the manner and the form in which request for access to an information shall be made to a Public Information Officer.
(d) the assistance available from and the duties of the Public Information Officer of a public authority under this Act.
(e) the assistance available from the Information Commission.
(f) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission.
(g) the provisions providing for the voluntary disclosure of categories of records in accordance with section 4
(h) the notices regarding fees to be paid in relation to requests for access to an information
(i) any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.
(4) The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
With this Act, the Freedom of Information Act, 2002 is hereby repealed.
