18
THE GAZETTER OF INDIA EXTRAORDINARY
[PART II—
may be, has, without any reasonable cause and persistently, failed to receive an application
for information or has not furnished information within the time specified under subsection (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
recommend for disciplinary action against the Central Public Information Officer or the
State Public Information Officer, as the case may be, under the service rules applicable to
him.
CHAPTER VI
Miscellaneous
Protection of
action taken in
good faith.
21. No suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act or any rule
made thereunder.
Act to have
overriding
effect
22. The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in the Official Secrets Act, 1923, and any other law for the time being
in force or in any instrument having effect by virtue of any law other than this Act.
Bar of
jurisdiction of
courts
23. 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.
Act not to
apply to
certain
organisations
24. (1) Nothing contained in this Act shall apply to the intelligence and security
organisations specified in the Second Schedule, being organisations established by the
Central Government or any information furnished by such organisations to that
Government:
Provided that the information pertaining to the allegations of corruption and human
rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations
of violation of human rights, the information shall only be provided after the approval of
the Central Information Commission, and notwithstanding anything contained in section 7,
such information shall be provided within forty-five days from the date of the receipt of
request.
(2) The Central Government may, by notification in the Official Gazette, amend the
Schedule by including therein any other intelligence or security organisation established by
that Government or omitting therefrom any organisation already specified therein and on
the publication of such notification, such organisation shall be deemed to be included in or,
as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of
Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security
organisation being organisations established by the State Government, as that Government
may, from time to time, by notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption and human
rights violations shall not be excluded under this sub-section:
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