53. State Information Commission Flashcards
Composition: SIC
The commission consists of a STATE CHIEF INFORMATION COMMISSIONER and NOT more than 10 State Information Commissioners.
They are appointed by the Governor on the recommendations of a committee consisting of the Chief Minister as Charperson, the Leader of Opposition in the Legislative Assembly and the State Cabinet Minister nominated by the Chief Minister.
They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
They should not be a Member of Parliament or Member of Legislature of any state or Union territory.
They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession
Establishment: State Information Commission
THE RIGHT TO INFORMATION ACT of 2005 provides for the creation of not only the Central Information Commission but also a State Information Commission at the state level.
Accordingly, all states have constituted the State Information Commission through Official Gazette Notifications.
The State Information Commission is a high powered independent body which inter alia looks into the complains made to it and decide the appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state govt.
Powers and Functions: SIC
The power and functions of the SIC are:
1. It is the duty of the Commission to RECEIVE and INQUIRE into a complaint from any person:
a) who has not been able to submit an information request because of non-appointment of a Public Information Officer;
b) who has been refused information that was requested;
c) who has not received response to his information request within specified time limit;
d) who thinks the fees charged are unreasonable;
e) who thinks information given is incomplete, misleading or false; and
f) any other matter relating to obtaining information.
2. Suo-moto powers: The commission can order inquiry into any matter if there are reasonable grounds.
3. While inquiring, the commission has the powers of a civil court in respect of the following matters:
a) summoning and enforcing attendance of persons and compelling them to give oral or written evidences on oath and to produce documents or things;
b) requiring the discovery and inspection of documents;
c) receiving evidence on affidavit;
d) requisitioning any public record from any court or office;
e) issuing summons for examination of witnesses or documents; and
f) any other matter which may be prescribed.
4. all public records must be given to the commission during inquiry for examination .
5. The Commission has the power to secure compliance of its decisions from the public authority. This includes:
a) providing information in the particular form;
b) directing the public authority to appoint a Public Information Officer where none exists;
c) publishing information or categories of information;
d) making necessary changes to the practices relating to management, maintenance and destruction of records;
e) enhancing training provision for officials on the right to information;
f) seeking an annual report from the public authority on compliance with this Act;
g) requiring the public authority to compensate for any loss or other detriment suffered by the applicant;
h) imposing penalties under the Act;
i) rejecting the application.
6. The Commission submits an annual report to the state govt on the implementation of the provisions of this Act. The state govt places this report before the state legislature.
7. When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity.
