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5. |
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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6. |
What is the
eligibility criterion and what is the process of appointment of
State Chief Information Commissioner/State Information
Commissioners? |
| |
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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7. |
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 -
|
a) |
who
has not been able to submit an information request
because a PIO has not been appointed ; |
|
b) |
who
has been refused information that was requested; |
|
c) |
who
has received no response to his/her information request
within the specified time limits ; |
|
d) |
who
thinks the fees charged are unreasonable ; |
|
e) |
who
thinks information given is incomplete or false or
misleading ;and |
|
f) |
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 -
|
a) |
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; |
|
c) |
receiving evidence on affidavit ; |
|
d) |
requisitioning public records or copies from any court
or office |
|
e) |
issuing summons for examination of witnesses or
documents |
|
f) |
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-
|
a) |
providing access to information in a particular form; |
|
b) |
directing the public authority to appoint a PIO/APIO
where none exists; |
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c) |
publishing information or categories of information; |
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d) |
making necessary changes to the practices relating to
management, maintenance and destruction of records ; |
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e) |
enhancing training provision for officials on RTI; |
|
f) |
seeking an annual report from the public authority on
compliance with this law; |
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g) |
require it to compensate for any loss or other detriment
suffered by the applicant ; |
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h) |
impose penalties under this law; or |
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i) |
reject the application. (S.18 and S.19) |
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