Right to Information Act, 2005of**Section 15(1)**Provision has been made for the formation of State Information Commission in the states.
This has been arranged by the states through the Government Gazette. State Information CommissionA statutory, fully autonomous and independent body with high authorityWhich investigates and redresses the complaints filed in the state. this
Hears complaints and appeals received regarding all public (government) offices, public sector undertakings and financial institutions working under the state government and takes appropriate action.
Right to Information ActSection 2(f)according tomeaning of informationMeans - such records, documents, circular orders, reports, samples, data, memorandum, e-mail, opinion, advice or material available in mechanical form whose information is duly given by the public authority.
Composition
In State Information Commission-a chief commissionerAndInformation Commissioners as required (maximum ten)Will be. According to the Act, the members of the State Information Commission will be such persons from public life who have extensive knowledge and experience in law, science and technology, social service, management, journalism, mass communication or administration. such membersnot be a member of parliament or legislatureAndnor in office of profitBe employed.
Tenure and service conditions of the post
Determining the tenure of State Chief Information and other Information Commissioners of the Statecentral governmentBy,Right to Information (Amendment) Bill 2019Will be done under the rules of.
Their tenure is determined by the central governmentTenure (reduced from 5 years to 3 years) 3 years or 65 yearsThe age will be given to whichever is earlier. thesenot eligible for reappointmentWould have happened.Right to Information (Amendment) Bill 2019According to the provisions of the State Chief Information Commissioner and State Information CommissionersSalary, allowances and service conditions determined by the Central GovernmentWill be done.
salary and allowances
The salary and allowances of the Chief Information Commissioner and other State Information Commissioners will be determined by the Central Government.
No unfavorable changes can be made in their salary and allowances and other service conditions during their tenure.
of the state**₹ 2.50 lakh to Chief Information CommissionerAnd₹ 2.25 lakh monthly to other information commissioners**Salary will be payable.
Right to Information Act, 2005It has been provisioned in this Act that if at the time of appointment to the post of Chief Information Commissioner and Information Commissioner, if he is holding any other government jobpension or other retirement benefitsif he receives itequal to profit
The amount is deducted from his salarybut this**This provision was abolished by the new amendment bill (2019)**Has gone.
Appointment : by the GovernorOn the recommendation of a committee consisting ofChief Minister (Chairman), Leader of Opposition in the Assembly (Member)and one nominated by the Chief Ministercabinet ministerIs involved.
Oath : GovernorBy or before a person authorized by him.
resignation letter : GovernorBy addressing the name of.
delete: :
If the GovernorbankruptHave become.
If they have any moralbad characterhas been convicted in respect of the offense of
If during the tenureOther benefits postIf you get it.physical and mental disabilityOn the basis of.proven misconduct or incompetenceCan also be removed on the basis of. In such cases the Governor investigates the mattersupreme courtSends to. If the Supreme Court finds the case correct after investigation, then the court advises the Governor.Governor can remove the Chairman or memberIs.
Rajasthan Information Commission is alegislative body' which isfully autonomousIs.Right to Information Act 2005ofSection 15Under 'Formation of Rajasthan Information Commission'Has been done.
First of all with the aim of bringing transparency in administration in RajasthanDecember 30, 1996ToPanchayati RajIn 'right to Information'Law was initiated. thereafterJanuary 26, 2000for the first timeRight to Information Act implementedto be done. To get this right in RajasthanApril 6, 1995To 'Mazdoor Kisan Shakti Sanghpioneer ofAruna RaiMovement was carried out by. beginning of this movementBeauMade from.
Under the Right to Information 2005, every citizen has the right to obtain information from any public authority without assigning any reason. For this, under Section 27 of the Act, Rajasthan GovernmentOctober 12, 2005made rules by issuing circular datedPublished in the Gazette on October 13, 2005Became effective.
year 2005After the implementation of the Right to Information Act in the entire country, Rajasthan issued its own related rules.Dated October 13, 2005Made it effective by publishing it.
under central lawApril 13, 2006From 'in Rajasthan'State Information Commission' was formed and the stateFirst Information CommissionerWere appointed.Mr. M.D. KoraniToApril 18, 2006Was made the first Information Commissioner of the state by the Governor.
Order No. of Correctional DepartmentF.N: 6(1)AR/RT.I/2015Date28.01.2020The tenure of the State Chief Information Commissioner and other State Information Commissioners is from the date of assumption of office (enters upon his office) as per3 years or 65 years of ageWhatever happens first will happen.
salary allowances : Right to Information Amendment Act, 2019It has been arranged that the State Chief Information Commissioner and other Information CommissionersSalary and allowances determined by the Central GovernmentWill be done. Before this, the stateChief Information CommissionerThe salary of has been fixed at par with that of Election Commissioner and Chief Secretary. At present their salaries are as per the state'sequivalent to the Chief JusticeWill be. other whileSalary of Information Commissioners equal to that of JudgesWill be.
Functions and powers of the Commission:
Right to Information Act, 2005ofSection 18, 19, 20 and 25Information Commission infunctions and powersIs described.
The powers vested in the State Information Commission can be described under the following headings:
(1) Complaint related powers :
Citizens can submit complaints before the Commission on the following points:
(a) He has not been able to submit the application because the State Public Information Officer has not been appointed or the Assistant State Public Information Officer has refused to accept his application for information.
(b) The State Public Information Officer has refused to provide him with the information requested.
(c) No reply has been received from the State Public Information Officer regarding the information applied for within the prescribed time period.
(d) The fee being demanded from him by the State Public Information Officer is not logical.
(e) The information given by the State Public Information Officer appears to be incomplete, misleading or false.
(f) In relation to any other matter related to requesting or obtaining access to records under the Right to Information Act, 2005.
Due to the powers of a civil court vested in Rajasthan State Information Commission while investigating the complaint, it is capable of taking the following actions during the hearing process:-
(a) summoning and enforcing the attendance of any persons and compelling them to give oral or written evidence on oath and to produce documents or other things;
(b) requiring the discovery and inspection of documents;
(c) taking evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing summons for the examination of witnesses or documents; and
(f) any other matter which may be prescribed.
Rajasthan State Information Commission can examine all the records under the control of the public authority in the investigation of any complaint. No record can be hidden on any basis, even if it falls within the category of exemption granted from disclosure.
(2) Appellate powers :
of the act**Section 19(1)Against the decision given by the first appeal authority underRight to hear second appeal Section 19(3)**Rajasthan State Information Commission under.
Second appeal against the decision of the first appeal before the Rajasthan State Information Commission from the date on which the decision should have been made or on which the decision was actually received or in case of non-decision or dissatisfaction with the decision,90 daysCan be done within. Even after this period has passed, if the Information Commission is satisfied with the reason for the delay given by the appellant, then the appeal can be registered for hearing.
Section 19(7)underInformation Commission's order is bindingwill be.
(3) Powers to impose penalty :
The Information Commission has the power to impose penalties after investigation of complaints and execution of the decision given in the appeal. While deciding the appeal, if the concerned Information Commissioner is of the opinion that the Public Information Officer has acted without proper reason -
(a) has refused to accept the application for information, or
(b) has not provided the information within the prescribed time period, or
(c) has refused the application for information in bad faith, or
(d) has knowingly provided inaccurate, incomplete or misleading information, or
(e) has destroyed the information content of the application, or
(f) has caused any kind of obstruction in providing information,
so he on thatRs 250/- per day from receipt of application till providing informationmay impose penalty at the rate of**Maximum Rs 25000/-**Might be possible.
Before imposing the penalty, the Commission will provide a reasonable opportunity of being heard to the State Public Information Officer.
(4) To ensure implementation of the Act:
While deciding the appeal under Section 19(8) of the Act, the State Information Commission can give the following instructions to the public authority to ensure the implementation of the Act: -
- Regarding providing information;
- Regarding appointment of State Public Information Officer;
- In relation to publishing certain information or categories of information;
- Regarding bringing about changes as far as possible in the practices used for management, maintenance and destruction of records;
- Regarding making arrangements for training on Right to Information for the employees/officers of the public authority;
- In relation to providing its annual report in pursuance of clause (b) of sub-section (1) of section 4 of the Act;
- The State Information Commission may issue directions to the public authority to compensate for the loss or damage caused to the appellant;
- may impose any of the penalties provided under this Act;
- The application may be rejected.
State Information Commission State Information Commission Act**Section 25(1)**Under this, the Commission has the authority to supervise the implementation of the Act. At the end of the year the Commission will review the implementation of the Act.Report to the state governmentIs presented. The report is tabled in the Legislative Assembly by the State Government.
For the management of judicial functions of Rajasthan State Information Commission.Rajasthan Information Commission (Management) Regulations 2007Have been made.
Right to Information (Amendment) Act, 2019
The Central Government has passed the Right to Information Amendment Act, 2019.July, 2019Passed amid heavy opposition from the opposition. The government says that there are some discrepancies in the Right to Information Act, 2005 which need to be removed, hence the Central Government has passed an amendment and made the following arrangements -
Powers and duties of Information Commission
The appointment, salary and allowances and service conditions of the Chief Information Commissioner and other Information Commissioners in the Central Information Commission will be determined by the Central Government.
The Central Government will determine the salaries and allowances and other conditions of service of the State Information Commissioners and other Information Commissioners of the state.
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