State Information Commission

State Information Commission

  • RTI Act 2005 provides for creation of State level State Information Commission at State level
  • Constituted through an Official Gazette Notification under the provisions of the Right to Information Act 2005
  • CIC is a high powered independent body which inter alia looks into the complaints made to it and decide the appeals 
  • It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc under State Government
  • Composition 
      • State Chief Information Commissioner 
      • Not more than 10 Information Commissioner 
    • Commissioners should have special knowledge, should not be MP or MLA, should not be connected to any party, no office of Profit
    • Appointed by Governor on recommendation of a committee 
      • Committee with CM as Chairperson, Leader of Opposition in LA, State Cabinet Minister nominated by CM
  • Tenure and Service Conditions 
    • 5 years or until they attain the age of 65 years 
    • Governor can remove any Commissioners 
      • If he is adjudged an insolvent
      • If he has been convicted of an offence which involves a moral turpitude 
      • If he engages any paid employment 
      • If he is unfit to continue in opinion of Governor 
      • If he has acquired such financial or other interests as is likely to affect prejudicially his official functions 
      • On Misbehaviour or Incapacity (to SC)
    • Salary, Allowances are similar to that of
      • Election Commissioner for State Chief Information Commissioner 
      • Chief Secretary of State for other Information Commissioners
  • Powers and Functions 
    • It is the duty of Commission to receive and inquire into a complaint from any person 
      • Who has not been able to submit an information request because of non appointment of Public Information Officer 
      • Who has been refused information 
      • Who has not received response 
      • Who thinks fees charged are unreasonable 
      • Who thinks information given is incomplete 
      • Any other matter relating to obtaining information 
    • Commission  can order inquiry if there are reasonable grounds 
    • Commission while investigating any matter or inquiring has all powers of civil court in respect of following matters 
      • Summoning and enforcing the attendance of any person 
      • Requiring the discovery and production of any document 
      • Receiving evidence 
      • Requisitioning any public record from any court 
      • Issue summons for examination of witness 
      • Any other matter which may be prescribed
    • All public records must be given to Commission during inquiry for examination 
    • Commission has power to secure compliance of its decisions from public authority 
    • Commission submits annual report to State Government 

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