13. Protection of action taken in good faith.-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.
14. Act to have overriding effect.-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 in
any instrument having effect by virtue of any law other than this Act.
15. Bar of jurisdiction of courts.-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.
16. Act not to apply to certain organisations.–(1) Nothing contained in
this Act shall apply to the intelligence and security organisations, specified in
the Schedule being organisations established by the Central Government or any
information furnished by such organisations to that Government.
(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
organisations which may be specified, by a notification in the Official Gazette, by
a State Government from time to time.
(5) Every notification issued under sub-section (4) shall be laid before the State
Legislature.
17. Power to make rules by Central Government.-(1) The Central
Government may, by notification in the Official Gazette, make rules to carry out
the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:-
(a) intervals at which matters referred to in sub-clauses (i) to (vi) of clause
(b) of Section 4 shall be published;
(b) the fee payable under sub-section (1) of Section 7;
(c) the authority before whom an appeal may be preferred under
sub-section (1) of Section 12;
(d) any other matter which is required to be, or may be, prescribed.
S. 21] FREEDOM OF INFORMATION ACT, 2002 59
18. Power to make rules by State Government.-(1) The State Government
may, by notification in the Official Gazette, make rules to carry out the provisions
of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:-
(a) the fee payable under sub-section (1) of Section 7;
(b) the authority before whom an appeal may be preferred under
sub-section (1) of Section 12;
(c) any other matter which is required to be, or may be, prescribed:
Provided that initially the rules shall be made by the Central Government by
notification in the Official Gazette.
19. Rule making power by competent authority.-(1) The competent
authority may, by notification in the Official Gazette, make rules to carry out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:-
(a) the fee payable under sub-section (1) of Section 7;
(b) the authority before whom an appeal may be preferred under
sub-section (1) of Section 12;
(c) any other matter which is required to be, or may be, prescribed.
20. Laying of rules.-(1) Every rule made by the Central Government under
this Act shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
(2) Every rule made under this Act by a State Government shall be laid, as
soon as may be after it is notified, before the State Legislature.
21. Power to remove difficulties.-(1) If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order published in
the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two
years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.