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What Do We Do
CHAPTER V
Powers and functions of
the Information Commissions
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(1) |
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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,— |
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(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; |
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(b) |
who has been refused access to any information requested under
this Act; |
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(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; |
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(d) |
who has been required to pay an amount of fee which he or she
considers unreasonable; |
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(e) |
who believes
that he or she has been given incomplete, misleading or false
information under this Act; and |
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(f) |
in respect of any other matter relating to requesting or
obtaining access to records under this Act. |
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(2) |
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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. |
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(3) |
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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:— |
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(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; |
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(b) |
requiring the discovery and inspection of documents; |
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(c) |
receiving evidence on affidavit; |
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(d) |
requisitioning any public record or copies thereof from any court
or office; |
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(e) |
issuing
summons for examination of witnesses or documents; and |
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(f) |
any other matter which may be prescribed. |
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(4) |
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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 grounds. |
Procedure for Request of
Information
1.
What is the Application Procedure for requesting information?
1.
Apply
in writing or through electronic means in English or Hindi or in
the official language of the
area, to the PIO,
specifying the particulars of
the information sought for.
2.
Reason
for seeking information are not required to be given;
3.
Pay fees as may be prescribed (if not belonging to the below
poverty line category).
2.What is the time limit to get the information?
1. 30 days from the date of application
2. 48 hours for information concerning the life and liberty of a person
3. 5 days shall be added to the above response time, in case the application for information is
given to Assistant Public
Information Officer.
4. If the interests of a third party are involved then time limit
will be 40 days (maximum period +
time given to the party to make
representation).
5.Failure to provide information within the
specified period is a deemed refusal.
3. What is the fee?
1.
Application fees to be prescribed which must be reasonable.
2.
If further fees are required, then the same must be intimated in
writing with calculation details of
how the figure was arrived
at;
3.
Applicant can seek review of the decision on fees charged by the
PIO by applying to the
appropriate Appellate Authority;
4.
No fees will be charged from people living below the poverty line
5. Applicant must be provided information free of cost if the PIO
fails to comply with the
prescribed time limit.
4.
What could be the ground for rejection?
1.
If it is covered by exemption from disclosure. (S.8)
2.
If it infringes copyright of any person other than the State. (S.9)
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