PUBLIC INFORMATION OFFICERS UNDER RTI ACT:
A. Public Authority:
A “public authority” is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or a State Government and non-Government organisations substantially financed by the Central Government or a State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect.
Public authorities have designated some of its officers as Public Information Officer. They are responsible to give information to a person who seeks information under the RTI Act.
The Act gives State Information Commission or Central Information Commission, as the case may be, an important role in developing the system and mechanism for the disclosure and dissemination of information by considering the public interest and the necessity of right to know. They are given wide discretion and they are expected to ensure the transparency and to be liberal in interpreting the provisions of the Act in favour of disclosure than concealment.
B. Information Commissioners:
A. Central Information Commissioner.
B. State Information Commissioner.
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Central Information Officer:
The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
Composition:
CIC shall consist of the following;
(a) The Chief Information Commissioner; and
(b) Such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.
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.
Every 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 Commission.
The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office.
State Information Commission:
Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ….(name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
Composition:
The State Information Commission shall consist of—
(a) The State Chief Information Commissioner, and
(b) Such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
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 Ministrer to be nominated by the Chief Minister.
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 State Information Commissioner:
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Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15.
POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS:
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,—
(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;
(b) who has been refused access to any information requested under this Act;
(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;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
2. 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;
(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.
3. 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-
(i.) 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:
(ii) 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.
(iii) 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:
(iv) 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.
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(v) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
(vi) 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 sub-section (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.
4. 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.
(a) 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:
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(b) 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.
C. PUBLIC INFORMATION OFFICERS:-
The Right to Information Act, 2005 empowers citizens to get information from any ‘public authority’. The Central Public Information Officer (CPIO) of a public authority plays a pivotal role in making the right of a citizen to information a reality. The casts specific duties on him and makes him liable for penalty in case of default. It is, therefore, essential for a CPIO to study the Act carefully and understand its provisions correctly.
a. Central Public Information Officers (CPIO):
The CPIO is required to process the request for providing the information and dispose of the same; either by providing the information or rejecting the request, within a period of 30 days from the date of receipt of request.
b. Central Assistant Public Information Officers (CAPIO):
The CAPIO will receive the application / request for information or the appeals under the Act and forward the same immediately to the CPIO or the Appellate Authority as the case may be.
The same types of officers are appointed at State level and the powers and functions usually are same.
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IV- CONCLUSION:
The main long term aim of the Right to Information Act is to curb corruption. The Act gives power to an individual citizen to inspect government work or take samples of government work material.
It empowers a citizen to deal a severe blow to corrupt practices by unscrupulous officials.
A person can inspect an old work(which has been completed) or an on-going work. Inspection of an old work may expose past corruption practices and inspection of current work may prevent any on-going corruption practices.
Most of the corruption takes place in records. Initially it was very difficult for a citizen to get information regarding records but now due to the RTI Act this problem has been done away with. The only required action now to be taken is by the citizens, to get aware of their rights under the Act and implement the rights given to them.
By enacting the Right to Information Act India has moved from an opaque and arbitrary system of government to the beginning of an era where there will be greater transparency and to a system where the citizen will be empowered and the true center of power. Only by empowering the ordinary citizen can any nation progress towards greatness and by enacting the Right to Information Act 2005 India has taken a small but significant step towards that goal.
The substantive aspect of the information commissioners vest in its powers and the summarised power of the commissioners are as follows-
The information commissioner has wide powers to secure compliance of its decisions from the public authority like:
▪ directing the public authority to appoint PIO if they are not designated in a public authority
▪ Publishing information or categories of information
▪ Enhancing training provision for officials on right to information
▪ Impose penalties under the Act
▪ Direct the Public authority to take departmental actions under service rules
▪ Providing access to information, if requested, in a particular form
▪ To seek an annual report from the public authority in compliance with the Act.
▪ Require the public authority to compensate the complainant for any detriment suffered
▪ Reject the application.
V. REFERENCES:
1. The Right to Information Act 2005: A Handbook Author(s): SudhirHYPERLINK “http://www.oup.co.in/more-by-author/sudhir-naib/1355” HYPERLINK “http://www.oup.co.in/more-by-author/sudhir-naib/1355″Naibrq
