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Central Information Commission

Information Commissions
• How is Central Information Commission constituted?
• What is the eligibility criteria and what is the process of appointment of CIC/IC?
• What is the term of office and other service conditions of CIC?
• What is the term of office and other service conditions of IC?
• What are the powers and functions of Information Commissions?
• What is the reporting procedure?
How is Central Information Commission constituted?
• Under the provision of Section-12 of RTI Act 2005 the Central Government shall,
by notification in the Official Gazette,constitute a body to be known as the Central
Information Commission.
• The Central Information Commission shall consist of the Chief Information
Commissioner (CIC) and such number of Central Information Commissioners not
exceeding 10 as may be deemed necessary.
What is the eligibility criteria and what is the process of
appointment of CIC/IC?
• Section 12(3) of the RTI Act 2005 provides as follows.
(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.
• Section 12(5) of the RTI Act 2005 provides that 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.
• Section 12(6) of the RTI Act 2005 provides that 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.
What is the term of office and other service conditions of CIC?
• Section 13 of the RTI Act 2005 provides that 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:
• Section 13(5)(a) of the RTI Act 2005 provides that 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.
What is the term of office and other service conditions of IC?
• Section 13(2) of the RTI Act 2005 provides that the 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 as such Information
Commissioners provided.
• Provided that every Information Commissioner shall on vacating his office under
this sub-section be eligible for appointment as the Chief Information
Commissioner in the manner specified in sub-section (3) of section 12 of the RTI
Act 2005:
• Provided further that where the Information Commissioner is appointed as the
Chief Information Commissioner, his term of office shall not be more than five
years in aggregate as the Information Commissioner and the Chief Information
Commissioner.
• Section 13(5)(b) of the RTI Act 2005 provides that 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.
What are the powers and functions of Information
Commissions?
• Complaints

Section-18. (1) Subject to the provisions of this Act, 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,—
o (a) Who has been unable to submit a request to a Central Public Information
Officer or State Public Information Officer, as the case may be, either by reason
that no such officer has been appointed under this Act, or because the Central
Assistant Public Information Officer or State Assistant Public Information Officer,
as the case may be, has refused to accept his or her application for information or
appeal under this Act for forwarding the same to the Central Public Information
Officer or State Public Information Officer or senior officer specified in sub-
section (1) of section 19 or the Central Information Commission or the State
Information Commission, as the case may be;
o (b) Who has been refused access to any information requested under this Act;
o (c)Who has not been given a response to a request for information or access to
information within the time limit specified under this Act;
o (d) Who has been required to pay an amount of fee which he or she considers
unreasonable;
o (e) Who believes that he or she has been given incomplete, misleading or false
information under this Act; and
o (f) In respect of any other matter relating to requesting or obtaining access to
records under this Act.
• (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:—
o (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;
o (b) Requiring the discovery and inspection of documents;
o (c) Receiving evidence on affidavit;
o (d) Requisitioning any public record or copies thereof from any court or office;
o (e) Issuing summons for examination of witnesses or documents; and
o (f) Any other matter, which may be prescribed.
• (4) Notwithstanding anything inconsistent contained in any other Act of
Parliament or State Legislature, as the case may be, the Central Information
Commission or the State Information Commission, as the case may be, may,
during the inquiry of any complaint under this Act, examine any record to which
this Act applies which is under the control of the public authority, and no such
record may be withheld from it on any ground.
• Appeals
Section-19 -
o (1) Any person who, does not receive a decision within the time specified
in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a
decision of the Central Public Information Officer or State Public Information
Officer,
as the case may be, may within thirty days from the expiry of such period or 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:
Provided that such officer may admit the appeal 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.
o (2) 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.
o (3) A second appeal against the decision under sub-section (1) 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:
Provided that the Central Information Commission or the State Information
Commission, as the case may be, may admit the appeal 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.
o (4) 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.
o (5) 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.
o (6) An appeal under sub-section (1) or sub-section (2) shall be disposed of
within
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.
o (7) The decision of the Central Information Commission or State Information
Commission, as the case may be, shall be binding.
o (8) 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 in compliance with clause (b) of
subsection
(1) of section 4;
(b) 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.
o (9) 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.)
o (10) 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.
• Penalties
Section-20 -
• (1) Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint or appeal
is of the opinion that the Central Public Information Officer or the State Public
Information Officer, as the case may be, has, without any reasonable cause,
refused to receive an application for information or has not furnished
information within the time specified under sub-section (1) of section 7 or
malafidely denied the request for information or knowingly given incorrect,
incomplete or misleading information or destroyed information which was the
subject of the request or obstructed in any manner in furnishing the information,
it shall impose a penalty of two hundred and fifty rupees each day till application
is received or information is furnished, so however, the total amount of such
penalty shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public
Information Officer, as the case may be, shall be given a reasonable opportunity
of
being heard before any penalty is imposed on him
Provided further that the burden of proving that he acted reasonably and
diligently shall be on the Central Public Information Officer or the State Public
Information Officer.
• (2) Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint or appeal
is
of the opinion that the Central Public Information Officer or the State Public
Information Officer, as the case may be, has, without any reasonable cause and
persistently, failed to receive an application for information or has not furnished
information within the time specified under sub-section (1) of section 7 or
malafidely
denied the request for information or knowingly given incorrect, incomplete or
misleading information or destroyed information which was the subject of the
request
or obstructed in any manner in furnishing the information, it shall recommend
for
disciplinary action against the Central Public Information Officer or the State
Public
Information Officer, as the case may be, under the service rules applicable to him.
o
What is the reporting procedure?
o Section 25 of the RTI Act 2005 provides that (1) the Central Information
Commission or State Information Commission ,as the case may be, shall ,as soon
as practicable after the end of each year, prepare a report on the implementation
 of the provisions of this Act during that year and forward a copy thereof to the
appropriate Government.
o (2)Each Ministry or Department shall, in relation to the Public Authorities within
their jurisdiction, collect and provide such information to the Central
Information Commission or State Information Commission ,as the case may be,
as is required to prepare the report under this section and comply with the
requirements concerning the furnishing of that information and keeping of
records for the purposes of this section.
o (3)Each report shall state in respect of the year to which the report relates-
(a)The number of request made to each public authority;
(b) The number of decisions where applicants were not entitled to access to the
document pursuant to the requests, the provision of this act under which these
decisions were made and number of times such provisions were invoked;
(c) The number of appeals referred to the the Central Information Commission or
State Information Commission ,as the case may be, for review, the nature of
appeals and outcomes of the appeals;
Particulars of any disciplinary action taken against any officer in respect of the
administration of this Act;
(e) The amount of charges collected by each public authority under this Act;
(f) Any facts which indicate an effort by the public authorities to administer and
implement the spirit and intention of this Act;
(g) Recommendations for reform, including recommendations in respect of
particular public authorities, for the development, improvement, modernization,
reforms or amendments to this Act or other legislation or common law or any
other matter relevant for operationalising the right to access information.