SEC.1
THE GAZETTE OF INDIA EXTRAORDINARY
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 subsection (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.
Penalties
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
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