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How is the State Information Commission constituted? |
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What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State Information Commissioners? |
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What are the powers and functions of Information Commissions? |
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What is the reporting procedure? |
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1. |
How is the State Information Commission constituted? |
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- The
State Information Commission will be constituted by the
State Government through a Gazette notification. It will
have one State Chief Information Commissioner (SCIC) and not
more than 10 State Information Commissioners (SIC) to be
appointed by the Governor.
- Oath
of office will be administered by the Governor according to
the form set out in the First Schedule.
- The
headquarters of the State Information Commission shall be at
such place as the State Government may specify. Other
offices may be established in other parts of the State with
the approval of the State Government.
- The
Commission will exercise its powers without being subjected
to any other authority.
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2. |
What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State Information Commissioners? |
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The
Appointments Committee will be headed by the Chief Minister.
Other members include the Leader of the Opposition in the
Legislative Assembly and one Cabinet Minister nominated by the
Chief Minister.
The
qualifications for appointment as SCIC/SIC shall be the same as
that for Central Commissioners.
The salary
of the State Chief Information Commissioner will be the same as
that of an Election Commissioner. The salary of the State
Information Commissioner will be the same as that of the Chief
Secretary of the State Government. (S.15) |
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3. |
What are the powers and functions of Information Commissions? |
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- The
Central Information Commission/State Information Commission
has a duty to receive complaints from any person -
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a) |
who has not been able to submit an information
request because a PIO has not been appointed ; |
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b) |
who has been refused information that was
requested; |
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c) |
who has received no response to his/her
information request within the specified time
limits ; |
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d) |
who thinks the fees charged are unreasonable ; |
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who thinks information given is incomplete or
false or misleading ;and |
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any other matter relating to obtaining
information under this law. |
- Power
to order inquiry if there are reasonable grounds.
- CIC/SCIC
will have powers of Civil Court such as -
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summoning and enforcing attendance of persons,
compelling them to give oral or written evidence
on oath and to produce documents or things; |
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b) |
requiring the discovery and inspection of
documents; |
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c) |
receiving evidence on affidavit ; |
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d) |
requisitioning public records or copies from
any court or office |
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issuing summons for examination of witnesses or
documents |
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any other matter which may be prescribed. |
- All
records covered by this law (including those covered by
exemptions) must be given to CIC/SCIC during inquiry for
examination.
- Power
to secure compliance of its decisions from the Public
Authority includes-
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providing access to information in a particular
form; |
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directing the public authority to appoint a PIO/APIO
where none exists; |
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publishing information or categories of
information; |
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making necessary changes to the practices
relating to management, maintenance and
destruction of records ; |
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enhancing training provision for officials on
RTI; |
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seeking an annual report from the public
authority on compliance with this law; |
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require it to compensate for any loss or other
detriment suffered by the applicant ; |
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impose penalties under this law; or |
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reject the application. (S.18 and S.19) |
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4. |
What is the reporting procedure? |
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- Central Information Commission will send an annual report to
the Central Government on the implementation of the
provisions of this law at the end of the year. The State
Information Commission will send a report to the State
Government .
- Each
Ministry has a duty to compile reports from its Public
Authorities and send them to the Central Information
Commission or State Information Commission, as the case may
be.
- Each
report will contain details of number of requests received
by each Public Authority, number of rejections and appeals,
particulars of any disciplinary action taken, amount of fees
and charges collected etc.
- Central Government will table the Central Information
Commission report before Parliament after the end of each
year. The concerned State Government will table the report
of the State Information Commission before the Vidhan Sabha
(and the Vidhan Parishad wherever applicable). (S.25)
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