Home arrow Powers and Functions of SIC
Thursday, 21 January 2021
Organization Chart
Vision and Mission
Powers and Functions of SIC
Some Important Aspects
Right to Information Act 2005
Rules Under RTI Act 2005
Circulars / G.O
Right to Information
Annual Reports
Penalties Awarded
Duties and Responsibilities
Record Retention Schedule
Tender Notice
Links to SIC
Disposal of cases
Useful LInks
Contact Us
National Seminar
Hearing Details
Powers and Functions of SIC PDF  | Print |

 The Powers and Functions of the  Information Commission are enumerated under chapter 5 of the RTI Act . 

1.       Enquiry into Complaints 

  It shall be  the duty of the Commission to receive  and inquire  into  complaints from persons   aggrieved  by any of the reasons  given  under  section 18 (1)  of the Act.  Where  the Commission  is satisfied  that there are reasonable grounds to  inquire  into the matter, it may initiate  an inquiry thereof.  While conducting an  inquiry into a complaint, the Commission shall  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 matters given under section  18 (3) of the Act.  During an inquiry  into a complaint  under this Act,  the Commission can examine any  record  to which the RTI Act applies which is under the control  of the Public Authority.

2.  Deciding 2nd Appeals

Section 19(3)  of the RTI Act provides for 2nd appeal before the Central/State Information Commission.  The 2nd appeal shall lie within  90 days from the  date on which the decision should have been made by or was  actually received  from the first appellate authority.  The Information Commission may admit the 2nd appeal  after the expiry of the period of 90 days, if  it is satisfied that  the appellant  was prevented by sufficient  cause from  filing the appeal in time.   While making a decision,   the State Information Commission has the power to require the Public Authority to comply with the Provisions of the RTI Act -

 (a)    by providing access to information

 (b)    by appointing  the State Public Information Officer

 (c)    by publishing  certain information or categories of information

 (d)    by making necessary changes  to its practices in relation to the maintenance, management and destruction of records

 (e)     by enhancing the provision of training on the right to information for its officials

 (f)       by providing with an annual report in compliance   with clause (b) of sub-section  (1) of section 4 of the Act.

 The second appeals filed  before the State Information Commission are decided  in  accordance with the Kerala  State Information Commission (Procedure for appeal) Rules, 2006, notified by the Government of Kerala  as No.27774/Cdn.5/2006/GAD dated 31.5.06 .

 In an appeal proceedings, the onus to prove that the denial of request was justified shall be on  the Public Information Officer who  denied the request .  If the appeal relates to information of a 3rd party, the 3rd  party shall be  given a reasonable  opportunity of being heard before a decision is made by the Information Commission.

3.   Awarding Compensation

 The RTI Act empowers the Information Commission to require the Public Authority to compensate the complainant for any loss or other detriment suffered.

4.  Imposing Penalties 

The State Information Commission has the power to impose penalty on the State Public Information Officer for the  following  defaults:

 Where the State Public Information Officer has -

 1. without reasonable cause refused to receive an application for information or   has not furnished information  within the specified time limit or

 2.  malafidely  denied the request  for information or

3.   knowingly  given incorrect, incomplete or misleading information or 

 4.  destroyed information which was the subject of    the request or

 5.   obstructed in any manner in furnishing  the information.

 The Penalty provided under section  20(1) of the RTI Act  is Rs.250/- each day till the application is  received or information  is furnished.  The total amount  of  such penalty shall not exceed  twenty five thousand rupees.

 Before imposing any penalty,  the Commission shall give  the State Information Officer a reasonable opportunity  of being heard.  The burden of proving that he acted  reasonably  and diligently shall be on the State Public Information Officer.

5.  Recommending for disciplinary Action
Where the State Information Commission, at the time of deciding any complaint or appeal is of the opinion that the State 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 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, the Commission can recommend for disciplinary action against the State Public Information Officer, under the service rules applicable to him under section 20(2) of the Act.
Designed, Developed by National Informatics Center, Kerala
Network Services by State Data Centre, Government of Kerala