Information Commission

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The Central Information Commission has been constituted with effect from 12-10-2005 under the Right to Information Act, 2005. The jurisdiction of the Commission extends over all Central Public Authorities.

The Commission has certain powers and functions mentioned in sections 18, 19, 20 and 25 of the RTI Act, 2005.These broadly relate to adjudication in second appeal for giving information; direction for record keeping, suo motu disclosures receiving and inquiring into a complaint on inability to file RTI etc;imposition of penalties and Monitoring and Reporting including preparation of an Annual Report. The decisions of the Commission are final and binding.

Central Information Commission to be constituted by the Central Government through a Gazette Notification.  Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who will be appointed by the President of India. Oath of Office will be administered by the President of India according to the form set out in the First Schedule. Commission shall have its Headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central Government. Commission will exercise its powers without being subjected to directions by any other authority.

Candidates for CIC/IC must 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. CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. Appointment Committee includes Prime Minister (Chair), Leader of the Opposition in the Lok Sabha and one Union Cabinet Minister to be nominated by the Prime Minister.

CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. CIC is not eligible for reappointment.Salary will be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage of the CIC during service.

Central Information Commission/State Information Commission 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;

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.

Central Information Commission sends an annual report to the Central Government on the implementation of the provisions of this law at the end of the year. The State Information Commission will send a report to the State Government .

 

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