ANNUAL REPORT - 20 13 TAMIL NADU INFORMATION COMMISSION No.2, ThiyagarayaSalai, Teynampet. Chennai- 600 018. Phone No. 24347590 TAMIL NADU INFORMATION COMMISSION EIGHTH ANNUAL REPORT – 2013 CONTENTS Sl. Item Page No. No. 1 Introduction 1 2 Constitution of the Tamil Nadu Information Commission 2-4 3 Powers and Functions of the State Information Commission 4-6 4 Office of the Tamil Nadu Information Commission 6 5 Administration 6-7 5 Budget Allocation 8-10 6 Special Facilities Provided by the Tamil Nadu Information 10-11 Commission 7 Suo-Motu Disclosure of Information 11 8 Training 11 9 RTI Programmes attended by the State Information 12-14 Commissioners 10 National Federation of Information Commissions in India 14 (NFICI) 11 Eighth Annual Convention 14-15 12 Preparation of Annual Report – 2013 15 13 Disposal of applications by Public Information Officers under 15 the RTI Act 14 Department – wise number of RTI applications handled during 16-18 the Calendar Year 2013. 15 Rejection of RTI applications by Public Information Officers 18 16 Disposal RTI First Appeals by the First Appellate Authorities 19 17 Disposal of Tappals by the Tamil Nadu Information 19 Commission 18 Penalty 20 18 Recommendations 20-21 19 Annexure – I 22-65 20 Annexure – II 66-89 21 Annexure – III 90-225 22 Annexure – IV 226-254 23 Annexure – V 255-283 Annual Report – 2013 Introduction The Right to Information Act, 2005 is one of the most important legislations in the history of the Indian democracy, enacted by the Parliament of India which received the assent of the President of India on 15 th June 2005. The RTI Act, 2005 was notified in the Gazette of India on the 21 st June, 2005. and became fully into force on 12 th October, 2005. The Preamble of the RTI Act, 2005 reads as follows :- “An Act to provide for setting out the practical regime of right to Information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto”. Transparency is a pre-requisite for good governance and democracy. This Act has created a system which enables the citizens to get information from the public authorities as a matter of right without any hurdle. This Act is a powerful instrument to ensure transparency and accountability in the administration of public authorities. The provisions of the RTI Act, 2005 included obligations of public authorities, designation of Assistant Public Information Officers, Public Information Officers and Appellate Authorities in every public authority, constitution of Information Commissions in the Central and States of India and the power to make rules by the appropriate Government and by various Competent Authorities. Constitution of the Tamil Nadu Information Commission The Tamil Nadu Information Commission was constituted under the powers vested in Section 15(1) of the RTI Act, 2005 vide a notification issued by the Government of Tamil Nadu in G.O Ms. No. 988, Public (Estt I & Legislation) Department, dated 07.10.2005, consisting of the State Chief Information Commissioner and two State Information Commissioners. The following were appointed as State Chief Information Commissioner and State Information Commissioners vide G.O. Ms No. 68, Public (Estt I & Legislation) Department dated 12.01.2006 and they were sworn in by His Excellency the Governor of Tamil Nadu on 28.01.2006 : - (i) Thiru. S. Ramakrishnan, I.A.S (Retired) State Chief Information Commissioner (ii) Thiru. G. Ramakrishnan, I.A.S. (Retired) State Information Commissioner (iii) Thiru. R. Rathinasamy, I.A.S. (Retired) State Information Commissioner Subsequently, on raising the strength of the State Information Commissioners from two to six vide G.O. Ms. No. 72 Personnel and Administrative Reforms (AR 3) Department, dated 10.04.2008, Dr. (Thiru) R. Perumalsamy, Thiru. T. Srinivasan and Dr. (Tmt). Sarada Nambi Arooran were appointed as State Information Commissioners vide G.O. Ms. No. 77, Personnel and Administrative Reforms (AR 3) Department dated 17.04.2008 and subsequently Thiru. T. R. Ramasamy I.A.S (Retd) was appointed as State Information Commissioner vide G.O. Ms. No. 84, Personnel and Administrative Reforms (AR 3) Department, dated 01.05.2008 and they were sworn in by His Excellency the Governor of Tamil Nadu on 07.05.2008. 2 The State Chief information Commissioner and the State Information Commissioners who demitted office on attaining the age of 65 years during the year 2009 to 2012 were as follows : 1 Thiru. S. Ramakrishnan, I.A.S (Retired) - Retired on State Chief Information Commissioner 30.08.2010 2 Thiru. R. Rathinasamy, I.A.S. (Retired) - Retired on State Information Commissioner 11.05.2009 3 Thiru. G. Ramakrishnan, I.A.S. (Retired) - Retired on State Information Commissioner 09.10.2010 4 Dr. (Tmt). Sarada Nambi Arooran - Retired on State Information Commissioner 23.07.2011 5 Dr. (Thiru). R. Perumalsamy - Retired on State Information Commissioner 03.06.2012 Thiru. T. R. Ramasamy, I.A.S. (Retired), State Information Commissioner passed away on 30.10.2010. The Tamil Nadu Information Commission is now headed by Thiru. K. S. Sripathi, I.A.S., (Retd) who was appointed as State Chief Information Commissioner vide G.O. (Ms) No. 124, Personnel and Administrative Reforms (AR 3) Department, dated 01.09.2010 and administered oath of office by His Excellency the Governor of Tamil Nadu on 01.09.2010. The following were appointed as State Information Commissioners vide G.O (Ms) No. 136, Personnel and Administrative Reforms (AR 3) Department dated 31.08.2012 and they were sworn in by His Excellency the Governor of Tamil Nadu on 05.09.2012 : - (1) Dr. (Tmt.) V. Saroja (2) Thiru. Christopher Nelson, I.P.S. (Retd) (3) Thiru. P. Thamilselvan (4) Tmt. B. Neelambikai (5) Thiru. S. F. Akbar 3 During the year under report, the following State Information Commissioners demitted office :- 1 Thiru. T. Srinivasan - Retired on State Information Commissioner 06.05.2013 on completion of a term of 5 years of service. 2 Dr. (Tmt) V. Saroja, - Retired on State Information Commissioner 11.06.2013 on attaining the age of 65 years Powers and Functions of the State Information Commission The Commission’s mandate is to exercise the powers conferred on it and to perform the functions assigned to it under Section 18, 19, 20 in Chapter V of the RTI Act, 2005. While inquiring into any matter relating to a complaint, the Commission has the same powers under Section 18(3) of the RTI Act, 2005 as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters :- • Summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; • Requiring the discovery and inspection of documents; • Receiving evidence on affidavit; • Requisitioning any public records or copies thereof from any Court or office; • Issuing summons for examination of witnesses or documents • Any other matter which may be prescribed. 4 The 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. The State Information Commission is the Second Appellate Authority under Section 19(3) of the RTI Act, 2005. A second appeal under Section 19(3) of the RTI Act against the decision of the Appellate Authority under Section 19(1) of the said Act, shall lie to the State Information Commission within ninety days from the date on which the decision should have been made or was actually received. The Commission may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. The decision of the Commission shall be binding. No Court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. The Commission is empowered to impose penalties on erring State Public Information Officers and recommend disciplinary action against those who have, 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 of the Act 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 quantum of penalty liable to be imposed is Rs.250/- each day till application is received or information is furnished subject to a total amount not exceeding Rs. 25,000/-. 5 Under Section 19(8) (a) of the Act, the Commission, while deciding appeals can require a public authority to take any such steps as may be necessary to secure compliance with the provisions of the Act. Under Section 19(8)(b) of the Act, the Commission has the powers to require the public authority to compensate the complainant for any loss or other detriment suffered. Office of the Tamil Nadu Information Commission Having had no building of its own, the Tamil Nadu Information Commission continues to function in a rented building owned by the Tamil Nadu Slum Clearance Board at No. 2, Thiyagaraya Road, Teynampet, Chennai – 600 018 with an accommodation of 12750 sq-ft.