8.4. Powers and Functions of Information Commissions
♤ The Central Information Commission/State Information Commission has a duty to receive complaints from any person:
o Who has not been able to submit an information request because a PIO has not been appointed.
o Who has been refused information that was requested.
o Who has received no response to his/her information request within the specified time limits.
o Who thinks the fees charged are unreasonable.
o Who thinks information given is incomplete or false or misleading.
o Any other matter relating to obtaining information under this law.
♤ Power to order inquiry if there are reasonable grounds (suo moto power)
♤ The Commission has the powers of Civil Court in following matter:
o summoning and enforcing attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things;
o requiring the discovery and inspection of documents;
o receiving evidence on affidavit;
o requisitioning any public record from any court or office;
o issuing summons for examination of witnesses or documents; and
o any other matter which may be prescribed.
♤ All records covered by RTI law (including those covered by exemptions) must be given to CIC/SIC during inquiry for examination.
♤ Power to secure compliance of its decisions from the public authority includes:
o Providing access to information in a particular form.
o Directing the public authority to appoint a PIO/APIO where none exists.
o Publishing information or categories of information.
o Making necessary changes to the practices relating to management, maintenance and destruction of records.
o Enhancing training provision for officials on RTI.
o Seeking an annual report from the public authority on compliance with this law.
o Requiring it to compensate for any loss or other detriment suffered by the applicant.
o Imposing penalties under this law.
o Rejecting the application.
♤ The CIC submits annual report to the Central Government, which tables it in both the Houses of Parliament. The SIC will submit the annual report to State Government, which places it before the State Legislature (both Houses wherever applicable).
♤ When a public authority does not confirm to provisions of RTI Act, the Commission may recommend (to the authority) steps, which ought to be taken for promoting such conformity.
The State Information Commission performs similar functions with respect to offices, financial institutions, public sector undertakings, etc. which fall under the concerned State Government.