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Manual RTI Act 2005  

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Manipur Information Commission
 
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Manual RTI Act, 2005
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MANUAL OF MANIPUR INFORMATION COMMISSSION, IMPHAL

PREPARED

UNDER CLAUSE 4 (1) (b) OF THE RIGHT
TO INFORMATION ACT, 2005.

i) The particulars of the organization, functions and duties:

In exercise of the powers conferred by Sub-section(3) of Section 15 of the Right to Information Act 2005, the Governor of Manipur hereby appoints Shri Thounaojam Ibobi Singh IFS(Retired) as the State Chief Information Commissioner.The term of office and conditions of service of Shri Thounaojam Ibobi Singh IFS(Retired) as the State Chief Information Commissioner shall be as provided under Section 16 of Right to Information Act 2005.

ii) The powers and duties of its officers and employees;

Section 15 (4) provides that the general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Manipur Information Commission autonomously without being subjected to directions by any other authority under this Act.

Section 18 of the Act spells out the powers and functions of the State Information Commission.

(1) It shall be the duty of the State Information Commission to receive and inquire into a complaint from any person;---

        (a) who has been unable to submit a request to a Public Information Officer either by reason that no         such officer has been appointed under this Act, or because the Assistant Public Information Office has         refused to accept his or her application for information or appeal under the Act for forwarding the same         to the Public Information Officer or appellate officer of the Information Commission as the case may be;

        (b) who has been refused access to any information requested under the Act;

        (c) who has not been given a response to a request for information or access to information within the         time limit specified under the 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 the Act;

        (f) in respect of any other matter relating to requesting or obtaining access to records under the Act.

(2) Where the State Information Commission is satisfied that there are reasonable grounds to inquire into the matter, may initiate an enquiry in respect thereof.

(3) The State Information Commission shall, while inquiring into a complaint, 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:- 

        (a) summoning and enforcing the attendance of persons and compel them go give oral or written                 evidence on oath and to produce the documents of 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; and
        (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 State Information Commission 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. 

Section 19 [ (7), (8), (9) & (10)] of the Act highlight the powers of the Commission pertaining to the decision in appeals:

The information Commission to decide appeals in accordance with the prescribed procedure and its decision shall be binding;

•   In its decision, the State Information Commission 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 the Act, including---

i) by providing access to information, if so requested, in a particular form;
ii) by appointing a Public Information Officer;
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 record;
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 the Act;
(d) reject the application.
The information Commission shall give notice of its decision, including any right of appeal, to the complainant and the public authority.

The Commission may also impose penalty on and/or recommend for disciplinary action against erring Public Information Officers [Section 20(1), (2)]

• Where the State Information Commission, at the time of deciding any complaint or appeal is of the opinion that the Public Information Officer, 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 Rs. 250/- each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed Rs. 25,000/-; 

  • the Public Information Officer shall be given a reasonable opportunity of being heard by the Commission before any penalty is imposed on him or her;

  • the burden of proving that a Public Information Officer acted reasonably and diligently shall be on himself/herself;

  • where the Information Commission, at the time of deciding any complaint or appeal is of the opinion that the Public Information Officer, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading 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 Information Officer under the service rules applicable to him or her.

  • iii) Procedure followed in the decision-making process, including channels of supervision and accountability.

    iv) The norms set by it for the discharge of its functions;

    v)   The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions.

    The Manipur Information Commission discharges its function according to norms as under: -

    1) Provisions made in the Right to Information Act, 2005 and rules framed thereof for disposing of various complaints or Appeals received in the Commission.
    2) Any amendment received for the implementation of Right to Information Act, 2005 from the Central or the State Government.
    3) The Manipur Information Commission (Appeal Procedure) Rules, 2006.
    4)The Manipur Right to Information (Regulation of Fee and Cost) Rules, 2005
    5) Notifification No 11\4\2005-AR dated 15th and 25th October 2005 of Government of Manipur, Imphal

    vi) A statement of the categories of documents that are held by it or under its control: -  

    (1) The files of complaints received from the complainants under section 18 of RTI Act, 2005 for inquiring
    into the matter and their final disposal.
    (2) The files of appeals received from the Appellants under section 19 of RTI, Act, 2005 and their final disposal.
    (3) Files advising the applicants to take action as provided under the act to get the delivery of information more expeditiously.
    (4) Personal files of staff functioning in the State Information more expeditiously.

    vii) The particulars of any arrangement that exists for consultation with or representation by the members of the public in relation to the formulation of its policy or administration thereof;  

    The Main function of the State Information Commission is to implement Right to Information Act, 2005 by providing for setting out the practical regime of right to      information for citizens to secure access to information under the control of a public authority, in order to promote transparency and accountability in the working of every public authority. There is no arrangement for consultation with or representation by members of the public in relation to the formulation of its policy or administration thereof in the Commission.

    viii) Statement of the boards, councils committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public.  

    -Not applicable- 

    ix) A directory of its officers and employees  

    Sr. No.

    Name & Designation

    Address

    Telephone Nos.

    Office

    Res.

    1.

     Shri Thounaojam Ibobi Singh IFS (Retd) ,State  Chief Information Commissioner

    -

    2456495

    2449640

    2.

     Secretary  Vacant

     

     

     

    3.

     Shri.  H.Balkrishna Singh M.C.S  Under Secretary

     Chingmeirong Manning  Leikai

     

     

    The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations. 

    Sly No.

    Nomenclature of post

    Sanctioned pay scale.

    1.

    Chief Information Commissioner

    Rs. 90,000/- plus allowances as sanctioned to the  Election Commissioner of India.

    2.

     One State Information Commissioner

    Rs. 80,000/- plus allowances as sanctioned to the Chief Secretary of the State.

    3.

    Secretary

     

    x) The budget allocated to each of its agencies, indicating the particulars of all plans, proposes expenditures and reports on disbursement made. 

    In Manipur/Information Commission was set up with effect from 12.9.2006. To run the establishment of the newly constituted Commission, the State Government made the following provisions –At present the Commission is serviced by the General Administrative Department of the Government of Manipur.

    Year

    Funds provided

    2008-9

    Rs.20 lacs

    2009-10

    Rs.45 lacs

    2010-11

    Rs.65 lacs

    2011-12

    Rs.70 lacs

    xi) The manner of execution of subsidy Programmes, including the amounts allocated and the details of Beneficiaries of such programmes; 

    Not applicable to the Manipur Information Commission,Imphal 

    xii)Particulars of recipients of Concessions, permits or authorization granted by it. 

    Not applicable to the Manipur Information Commission, Imphal. 

      xiii) Details in respect of the information, available to or held by it reduced in an electronic form;

    Nil

    xiv) The particulars of facilities available to the citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;

    Like any other Public Authority Information concerning the Commission and its working can be obtained under the Right to Information Act, 2005. 

    xv) The names, designations and other Particulars of the Public Information Officers; 

    Name of the Officer

    Designated as

    Secretary

    1st Appellate Authority

    Under Secretary

    State Public Information Officer.

    xvi) Such other information as may be Prescribed and thereafter update these publications every year.

    The Commission will be very soon launching its own web site. Information pertaining to the activities of the Commission from time to time would be put on the web site for information of all concerned.


    Sources: RTI web portal of India (http://rti.gov.in/webactrti.htm)

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