I came across the following on a Yahoo Group:
Registered No: WB/SC-320 No.WB/CPS/K- 164 (Part I)/200
The Kolkata Gazette
ExtraordinaryPublished by Authority
MEGHA 15 FRIDAY, FEBRUARY 2, 2007 SAKA 192
PART I- Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.
NOTIFICATIONHIGH COURT AT KOLKATA
No. 133-G-9<sup>th</sup> January 2007---In exercise of the powers conferred under Section 28(1) of the Right to Information Act 2005 the Chief Justice of the Calcutta High Court (Competent Authority) is pleased to make the following rules to carry out the provisions of the ‘Act’ falling within the jurisdiction of this High Court: ~
7. Penalties: ~
(1)Whoever being bound to supply information fails to furnish the information asked for under the Act within the time specified or fails to communicate the rejection order, shall be liable to pay a penalty up to fifty rupees per day for the delayed period beyond thirty days subject to maximum of five hundred rupees per application filed under the rule 3 as may be determined by the Appellate Authority.
(2) Where the information supplied is found to be false in any material particular and which the person is bound to supply it knows and has reason to believe it to be false or does not believe it to be true, the person supplying such information shall be liable to pay a penalty of a thousand rupees, to be imposed by the Appellate Authority provided that the Public Information Officer or the Assistant Public Information Officer, as the case may be, shall be given reasonable opportunity of being heard before the penalty is imposed on him.
1. Section 20 of the RTI Act already prescribes for a penalty of Rs 250 per day subject to a maximum of Rs 25,000.
Then how can the Hon'ble High Court fix some other penalty ?
2. Section 28(1) states:
1.The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
Does this mean that any competent authority can change the basic structure of the RTI Act like the penalty specified in Section 20 ?
Members please comment.