The RTI Act, 2005 provides for establishment of Central and State Chief Information Commissioner as a designated authority to receive and inquire into a complaint from any person. The Act provided for the constitution of the Central Information Commission (CIC) and State Information Commissions to be responsible for the implementation of the Act.
[1] Constitution of Central Information Commission-
1) Section 12 of the RTI Act, 2005 provides for constitution of the Central Information Commission. The Central Information Commission shall be constituted by the Central government by notification in the Official Gazette. It shall exercise the powers conferred on, and perform the functions which are assigned to it under this RTI Act.
2) The Central Information Commission shall consist of the Chief Information Commissioner, and such number of Central Information Commissioners not exceeding ten as may be deemed necessary.
3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of: (i) the Prime Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Lok Sabha; and (iii) a Union Cabinet Minister to be nominated by the Prime Minister
4) The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.
5) The Chief Information Commissioner and Information Commissioners shall 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.
6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.
[2] Term of Office and Conditions of Service of Chief Information Commissioner or a Central Information Commissioner-
1) Section 13 of the RTI Act, 2005 provides for terms of office and conditions of service of Chief Information Commissioner or an Information Commissioner. The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment but no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
2) Similarly, every Central Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner.
3) Every Information Commissioner shall, on vacating his office is eligible for appointment as the Chief Information Commissioner but his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
4) The Chief Information Commissioner or an Information Commissioner shall make and subscribe an oath or affirmation before the President or some other person appointed by him in that behalf, before he enters upon his office.
5) The Chief Information Commissioner or an Information Commissioner may, at any time resign from his office, by writing under his hand addressed to the President.
6) The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner of India.
7) The salaries and allowances payable to and other terms and conditions of service of an Information Commissioner shall be the same as that of an Election Commissioner of India.
8) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act.
[3] Removal of Chief Information Commissioner or Information Commissioner-
1) Section 14 of the RTI Act, 2005 provides for removal of Chief Information Commissioner or Information Commissioner. It provides that the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President of India on the ground of proved misbehaviours or incapacity. But for this President will make a reference to the Supreme Court and then Supreme Court after an inquiry, will report that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought to be removed on such grounds.
2) The President has the power to suspend the Chief Information Commissioner or Information Commissioner from their office in respect of whom a reference has been made to the Supreme Court. The President may also prohibit them from attending the office during inquiry pending before the Supreme Court.
3) Apart from this the President may by order remove the Chief Information Commissioner or any Information Commissioner from their office on following grounds if the Chief Information Commissioner or any Information Commissioner:
(a) is adjudged as insolvent; or
(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or as Information Commissioner.
(4) Similarly, if the Chief Information Commissioner or an Information Commissioner is, in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, be deemed to be guilty of misbehaviour.
[4] Constitution of State Information Commission-
1) Section 15 of the RTI Act, 2005 provides for constitution of the State Information Commission. The State Information Commission shall be constituted by the State government by notification in the Official Gazette. It shall exercise the powers conferred on, and perform the functions which are assigned to it under this RTI Act.
2) The State Information Commission shall consist of the State Chief Information Commissioner; and such number of State Information Commissioners, not exceeding ten as may be deemed necessary.
3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of- (i) the Chief Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister.
4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners.
5) The State Chief Information Commissioner and the State Information Commissioners shall 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.
6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, specify by notification in the Official Gazette, and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.
[5] Term of Office and Conditions of Service of State Chief Information Commissioner or a State Information Commissioner-
1) Section 16 of the RTI Act, 2005 provides for terms of office and conditions of service of State Chief Information Commissioner or a State Information Commissioner. The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment but no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
2) Similarly, every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner.
3) Every State Information Commissioner shall, on vacating his office is eligible for appointment as the State Chief Information Commissioner but his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.
4) The State Chief Information Commissioner or an State Information Commissioner shall make and subscribe an oath or affirmation before the Governor or some other person appointed by him in that behalf, before he enters upon his office.
5) The State Chief Information Commissioner or an State Information Commissioner may, at any time resign from his office, by writing under his hand addressed to the Governor.
6) The salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner shall be the same as that of the Election Commissioner.
7) The salaries and allowances payable to and other terms and conditions of service of a State Information Commissioner shall be the same as that of an Chief Secretary of State.
8) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act.
[6] Removal of State Chief Information Commissioner or State Information Commissioner-
1) Section 17 of the RTI Act, 2005 provides for removal of State Chief Information Commissioner or State Information Commissioner. It provides that the State Chief Information Commissioner or any State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehavior or incapacity. But for this Governor will make a reference to the Supreme Court and then Supreme Court after an inquiry, will report that the State Chief Information Commissioner or any State Information Commissioner, as the case may be, ought to be removed on such grounds.
2) The Governor has the power to suspend the State Chief Information Commissioner or State Information Commissioner from their office in respect of whom a reference has been made to the Supreme Court. The Governor may also prohibit them from attending the office during inquiry pending before the Supreme Court.
3) Apart from this the Governor may by order remove the State Chief Information Commissioner or any State Information Commissioner from their office on following grounds if the State Chief Information Commissioner or any State Information Commissioner: (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
4) Similarly, if the State Chief Information Commissioner or a State Information Commissioner is, in any way, concerned or interested in any contract or agreement made by or on behalf of the State Government or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, be deemed to be guilty of misbehaviour.
[7] Powers and Functions of Information Commission-
1) Section 18 of the RTI Act, 2005 provides for powers and functions of both Central/State Information Commissions. It shall be the duty of the Central Information Commission or State Information Commission as the case may be to receive and inquire into a complaint from any person on following grounds: (a) Who has not been able to submit an information request because a Public Information Officer (PIO) has not been appointed. (b) Whose application of information is refused by PIO or whose application of Appeal is refused or not forwarded by PIO to the Central Public Information Officer or State Public Information Officer or senior officer or the Central Information Commission or the State Information Commission, as the case may be. (c) Who has been refused access to any information requested under this Act (d)Who has received no response to his/her information request within the specified time limits fixed by law. (e) Who thinks the fees charged is unreasonable. (f) Who thinks information given is incomplete or false or misleading; and (g) Any other matter relating to obtaining information under this law.
2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a) Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things. (b) Requiring the discovery and inspection of documents. (c) Receiving evidence on affidavit. (d) Requisitioning any public record or copies thereof from any court or office. (e) Issuing summons for examination of witnesses or documents; and (f) Any other matter, which may be prescribed.
4) The Central Information Commission or the State Information Commission also has the power that during inquiry of any complaint under this Act, it may examine any record which is under the control of the public authority, and no such record may be withheld from it on any ground.
[8] Appellate Powers-
1) Section 19 of the RTI Act, 2005 provides provision for Appeal before various authorities. The time limit of providing information by the Central Public Information Officer or State Public Information Officer is 30 days from the receipt of request (See Sec. 7(1) of the RTI Act, 2005) or extended period (Sec. 7(3)(a) of the RTI Act, 2005). If information is not provided by the Central Public Information Officer or State Public Information Officer within this time limit then the aggrieved person, may after the expiry of thirty days from such request has a right to prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority.
2) Similarly, where a person is aggrieved by the decision of the Central Public Information Officer or State Public Information Officer, as the case may be then he may within thirty days from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority.
3) Such officer (to whom Appeal has been made) may admit the appeal even after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
4) Where an appeal is preferred against an order made by a Central Public
Information Officer or a State Public Information Officer, as the case may be, under
Section 11 to disclose third party information, the appeal by the concerned third party
shall be made within thirty days from the date of the order.
5) A Second Appeal against the decision of an appeal (i.e. to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority) shall lie to the Central Information Commission or the State Information Commission, as the case may be. The Appeal shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission. The Central Information Commission or the State Information Commission may admit the appeal even after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
6) If the decision of the Central Public Information Officer or State Public
Information Officer, as the case may be, against which an appeal is preferred relates
to information of a third party, the Central Information Commission or State
Information Commission, as the case may be, shall give a reasonable opportunity of
being heard to that third party.
7) In any appeal proceeding, the onus to prove that a denial of a request was
justified shall be on the Central Public Information Officer or State Public Information
Officer, as the case may be, who denied the request.
8) Time limit for disposal of First Appeal (i.e. which is made to the such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority) is thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
9) The decision of the Central Information Commission or State Information
Commission, as the case may be, shall be binding.
10) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to-
(a) Require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including- (i) By providing access to information, if so requested, in a particular form. (ii) By appointing a Central Public Information Officer or State Public Information Officer, as the case may be. (iii) By publishing certain information or categories of information. (iv) By making necessary changes to its practices in relation to the maintenance, management and destruction of records. (v) By enhancing the provision of training on the right to information for its officials. (vi) By providing it with an annual report.
(b) The Commission may require the public authority to compensate the complainant for any loss or other detriment suffered.
(c) Impose any of the penalties provided under this Act.
(d) Reject the application.
11) The Central Information Commission or State Information Commission, as the
case may be, shall give notice of its decision, including any right of appeal, to
the complainant and the public authority.
12) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.