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Gujarat Information Commission

The Right to Information Act 2005 is a landmark legislation passed by the Government of India. It is one of the most powerful tools for ushering in Good Governance. The Act came into force on the 12th October, 2005 (120th day of its enactment on 15th June 2005). Whereas THE RIGHT TO INFORMATION ACT – 2005 (No. 22 of 2005) under 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 State Information Commission autonomously without being subjected to directions by any other authority under this Act.” Under sub-section (3) of Section 15 of the RTI Act 2005, Government of Gujarat has constituted State Information Commission vide Notification NO. GS/32/2005/VHS/1005/2241/RTI Cell Dated:-11/10/2005 Govt. Of Gujarat Declared Headquarter of The Gujarat Information Commission at GANDHINAGAR vide Notification No. GS/34/2005/VHS/1005/2241/ RTI cell Appointed Dr. P. K. Das, IAS (Retd.) as First Chief Information Commissioner vide Notification No. VHS/1005/2241/RTI Cell, dated 11-10-2005.

Second Appeal:

To be made to the Commission within 90 days from the date on which the Appellate Authority should have made the decision.
No time limit fixed for disposal of the second appeal by the Commission.

When to file Appeal with SIC:

If requests cannot be filed because PIO is not appointed.
When first AA upholds PIO’s decision of refusal.
If there is no response on request within time limit.
If requester thinks fees charged are unreasonable.
If requestor thinks information given by PIO is incomplete, false or misleading.
Any other matter relating to obtaining information under this law.








Special Powers of SIC.

To direct to appoint PIO in a Public Authority if not exists.
Require Public Authority to compensate for any loss suffered by requester due to unreasonable denial.
Seek annual report from Public Authority of compliance within this law.
Get the Public Authority to publish all information it is required to publish under this law. Enhance training provisions for officials on RTI.
Get Public Authority to make necessary changes to records, management, maintenance and destruction procedures.
Impose penalties as stipulated in this law.
The SIC has been given the powers of a civil court. This allows the SIC to even requisition records relevant to a particular case even if they are exempt under section-8.





 



Complaint:

Can be made to the Commission under Section 18(1).
No time limit fixed for making complaint.

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