Consider the following statements with reference to the penalties unde

Consider the following statements with reference to the penalties under the RTI Act, 2005:

  • 1. As mentioned in Section 20(1), the Central Information Commission or the State Information Commission shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, however, the total amount of such penalty shall not exceed twenty five thousands.
  • 2. As the case may be, the Central Public Information Officer or the State Public Information Officer shall be given a reasonable opportunity of being heard before any penalty is imposed.

Which of the above statements is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC Combined Section Officer – 2019-20
Both statements 1 and 2 are correct regarding the penalties under the RTI Act, 2005.
Section 20(1) of the RTI Act, 2005 specifies that the Central Information Commission or the State Information Commission can impose a penalty of two hundred and fifty rupees for each day of delay, up to a maximum of twenty-five thousand rupees, if the Central Public Information Officer or State Public Information Officer, without any reasonable cause, refused to receive an application, has not furnished information within the specified time, malafidely denied the request, 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.
Section 20(1) also mandates that the concerned Public Information Officer shall be given a reasonable opportunity of being heard before any penalty is imposed on them. This ensures due process is followed. Section 20(2) also provides for disciplinary action against the concerned officer by recommending the same to the competent authority.