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Annual Report - 2010 ANNUAL REPORT - 2010 TAMIL NADU INFORMATION COMMISSION No.2, ThiyagarayaSalai,Teynampet. Chennai- 600 018. Phone No. 24347590 TAMIL NADU INFORMATION COMMISSION FIFTH ANNUAL REPORT – 2010 CONTENTS Sl No Item Page No. 1 Introduction 1 2 Constitution of the Tamil Nadu Information Commission 1-3 3 Powers and Functions of the State Information Commission 3-5 4 Headquarters of the Tamil Nadu Information Commission 5 5 Sanction of staff to the Tamil Nadu Information Commission 5-8 6 Powers and Duties assigned to the Officers of the Tamil Nadu 9-14 Information Commission 7 Budget Allocation to Tamil Nadu Information Commission 14 8 Training 15 9 Fifth Annual Convention 15-16 10 Preparation of Annual Report - 2010 17 11 Disposal of RTI applications by Public Information Officers 17 12 Department-wise number of applications handled during the 17-19 Annual year 2010 13 Rejection of RTI applications by the Public Information 19 Officers 14 Disposal of RTI First Appeals 20 15 Disposal of Tappals by the Tamil Nadu Information 20 Commission 16 Recommendations 21 17 Annexure – I 23-64 18 Annexure – II 65-87 19 Annexure – III 88-216 20 Annexure – IV 217-245 21 Annexure – V 246-274 Annual Report – 2010 Introduction The Right to Information Act, 2005 enacted by the Parliament of India received the assent of President of India on 15 th June, 2005 and it was published in the Gazette of India on 21 st June, 2005. The provisions of sub-section (1) of Section 4, sub-sections (1) and (2) of Sections 5, Sections 12, 13, 15, 16, 24, 27 and 28 came into force at once and the remaining provisions of the Act came into force on the one hundred and twentieth day of its enactment. The RTI Act, 2005 is enacted with the main objective of providing an effective framework for effectuating right to information recognized under Article 19 of the Constitution of India and also 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. Constitution of the Tamil Nadu Information Commission Section 15 (1) of the Right to Information Act, 2005 empowers every State Government to constitute a body to be known as the State Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. The State Information Commission shall consist of the State Chief Information Commissioner and such number of State Information Commissioners, not exceeding ten, as may be deemed necessary. 1 As provided under section 15 (1) of the Right to Information Act, 2005, the Government of Tamil Nadu has constituted the Tamil Nadu Information Commission consisting of State Chief Information Commissioner and two State Information Commissioners vide G.O. (Ms). No 988, Public (Estt I & Legislation) Department, dated 07.10.2005. Under section 15(3) of the Act, the following were appointed as State Chief Information Commissioner and State Information Commissioners in 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, the Government of Tamil Nadu issued orders in G.O.Ms.No. 72, Personnel and Administrative Reforms (AR3) Department, dated 10.04.2008 increasing the strength of State Information Commissioners from two to six. Accordingly the following were appointed as State Information Commissioners in the Tamil Nadu Information Commission vide G.O.Ms.No. 77, Personnel and Administrative Reforms (AR3) Department dated 17.04.2008:- (1) Dr. (Thiru) R. Perumalsamy (2) Thiru. T. Srinivasan (3) Dr. (Tmt) Sarada Nambi Arooran 2 In G.O.Ms.No. 84, Personnel and Administrative Reforms (AR3) Department, dated 01.05.2008, Thiru T.R. Ramasamy, I.A.S., (Retired) was appointed as State Information Commissioner in the Tamil Nadu Information Commission. All the above said four State Information Commissioners were sworn in by His Excellency the Governor of Tamil Nadu on 07.05.2008. Thiru. R. Rathinasamy, I.A.S., (Retired) State Information Commissioner retired from the Commission on 11.05.2009 on attaining the age of 65 years. Thiru. S. Ramakrishnan I.A.S., (Retired), State Chief Information Commissioner retired from the Commission on 30.08.2010 on attaining the age of 65 years. Thiru. K. S. Sripathi I.A.S. (Retired) was appointed as State Chief Information Commissioner in G.O.Ms.No. 124, Personnel and Administrative Reforms (AR3) Department dated 01.09.2010 and he was sworn in as State Chief Information Commissioner on 01.09.2010 by His Excellency the Governor of Tamil Nadu. Thiru. G. Ramakrishnan I.A.S. (Retired), State Information Commissioner retired from the Commission on 09.10.2010 on attaining the age of 65 years. Thiru T.R. Ramasamy I.A.S., (Retired), State Information Commissioner passed away on 30.10.2010. Powers and Functions of the State Information Commission The State Information Commission has the original jurisdiction to receive and inquire into a complaint made by any person in respect of the matters provided in Section 18 and second appellate jurisdiction under Section 19(3) of the RTI Act, to receive appeals against the decision of the first Appellate Authorities. 3 While inquiring into the complaints under Section 18, the Commission has been vested with 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 to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public records 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. A second appeal against the decision of the Appellate Authority 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 causes from filing the appeal in time. Section 19(7) mandates that decision of the State Information Commission shall be binding. Further, the State Information 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. It can also require the public authority to compensate the complainant for any loss or other detriment suffered. Section 19 further mandates the State Information Commission to impose any of the penalties provided under the Act. 4 Section 20 of the Act empowers the Information Commission to impose penalty, at the time of deciding any complaint or appeal at the rate of two hundred and fifty rupees per day delay subject to the maximum of twenty five thousand rupees. In addition the Commission can also recommend disciplinary action against erring Public Information Officer, under the service rules applicable to him. Headquarters of the Tamil Nadu Information Commission Initially, the Tamil Nadu Information Commission functioned with its Headquarters at “Krishna Vilas Bungalow”, Pursaiwakkam, Chennai as per the orders of the Government of Tamil Nadu in G.O.Ms.No. 122, Public (Estt I & Legislation) Department dated 02.02.2006. Subsequently the Headquarters of the Commission was shifted to Kamadhenu Co- operative Supermarket Building, I Floor, Teynampet (near Vanavil) old No 273, New No. 378, Anna Salai, Chennai – 600 018 on 07.02.2007, as per the orders of the Government of Tamil Nadu in G.O.Ms.No. 33, Personnel and Administrative Reforms (AR3) Department dated 05.02.2007. In pursuance to the proposal of the Tamil Nadu Information Commission to shift the Office of the Commission from the above place to a better place with basic amenities, the Government of Tamil Nadu in G.O. I(D) No. 186 Personnel and Administrative Reforms (AR3) Department dated 09.12.2010 has permitted the Commission to shift the office to the newly constructed building owned by the Tamil Nadu Slum Clearance Board at Alaiamman Koil Office Complex, Teynampet, Chennai 600 018. Sanction of staff to the Tamil Nadu Information Commission Section 16(6) of the Right to Information Act, 2005 enjoins upon the State Government to provide the State Chief Information Commissioner and State Information Commissioners with such officers and employees as may be necessary for the 5 efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be as may be prescribed. The details of the posts sanctioned to the Tamil Nadu Information Commission are as follows:- Sl. Designation of the posts No. of Govt. order No & Date No. Posts 1 Secretary to Commission 1 G.O.Ms.No.988 Public (Estt. I & (Not below the rank of Secretary Legislation) Department, dated to Government) 07.10.2005. 2 Deputy Secretary 1 G.O.Ms.No.988 Public (Estt.
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