Penalties and Act to Have Overriding Effect under RTI Act 2005

The Right to Information Act, 2005 (RTI Act) has a section that states that its provisions have an overriding effect and apply regardless of any other laws that are inconsistent with them. The RTI Act also has penalty provisions that can be imposed on public officials who do not comply with the Act.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or any instrument having effect by virtue of any law other than this Act.

Public officials who deliberately delay or obstruct an application for information, or who deliberately provide incorrect or misleading information can be punished under the RTI laws. Penalties are an important part of an RTI law because they play a vital role in changing the cultures of secrecy that are common within many of India’s bureaucracies. Without the threat of sanction, there is little incentive for bureaucrats to comply with the new terms of the Act.

Penalties are imposed where a PIO has without any reasonable cause:

• refused to receive an application;
• not furnished information within time limits;
• malafidely denied the request;
• knowingly given incorrect, incomplete, or misleading information;
• destroyed information subject to a request; or
• obstructed the process,

Before a penalty is imposed under section 20(1), an official must be given a reasonable opportunity to be heard. The official is responsible for providing that he/she acted reasonably and diligently.

The Information Commission can impose a penalty of Rs 250 per day. The total penalty cannot exceed Rs 25,000.  Under the Central Act, where a monetary penalty is imposed, the Information Commission can also recommend disciplinary action against the PIO under the applicable service rules.

Act to Have Overriding Effect:

Under section 23 of the Act, No court shall entertain any suit, application, or other proceeding lying against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

This Act does not apply in certain organizations as per Section 24. The act provides that—”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”.