Government of Tripura
General Administration (AR) Department
Agartala,Tripura

RTI Act-2005 INDEX Notification Forms  Home
 

Penalties under the Act

 

(1) When the State Information Commission, at the time of deciding any complaint or appeal  is of the opinion that 

 

(a) a State Public Information Officer has, without any reasonable cause,  refused to receive an application for information; or

 

(b) has not furnished information within the time  specified;   or

 

(c) mala-fidely denied  the request for information;   or

 

(d) knowingly given  incorrect, incomplete or misleading information; or

 

(e) destroyed information which was the subject of the request; or

 

(f) obstructed, in any manner, furnishing the information; 

 it shall impose on the Public Information officer a penalty of  250/- rupees each day till the application is received or information is furnished,  so  however,  that the total  amount of such penalty shall not exceed  Rs.25,000/-

 

Provided that the State Public Information Officer  shall be given a reasonable opportunity of being heard  before any penalty is imposed on him;

 

Provided further that  the burden of proving  that the State Public Information Officer acted reasonably and diligently  shall be on the State Public Information Officer. [Section 20(1)].

(2) When the State Information Commission, at the time of deciding any complaint or appeal  is of the opinion that:-

 

(a) the State Public Information Officer has, without any reasonable cause and persistently  failed to receive an application for information; or

 

(b) has not furnished  information within the prescribed time limit; or

 

(c) mela-fidely denied the request for information; or 

 

(d) knowingly given incorrect, incomplete or misleading information ; or

 

(e) destroyed information  which was the subject of the request; or

 

(f) obstructed, in any manner in furnishing the information;

 

 It shall recommend disciplinary action against the State Public Information Officer under the service rules applicable to him.[Section20(2)]

 

These instructions prepared in consultation with the Law Department of the State Government & issued on Public Interest  by Commissioner and Secretary to the Government of Tripura, General Administration (AR) Department.