ANNUAL REPORT - 2011 TAMIL NADU INFORMATION COMMISSION No.2, Thiyagaraya Salai,Teynampet. Chennai- 600 018. Phone No. 24347590 TAMIL NADU INFORMATION COMMISSION SIXTH ANNUAL REPORT – 2011 CONTENTS Sl No Item Page No. 1 Introduction 1 2 Constitution of the Tamil Nadu Information Commission 1-3 3 Salaries and Allowances payable to State Chief Information 3-4 Commissioner and State Information Commissioners 4 Headquarters of the Tamil Nadu Information Commission 4-5 5 Administration 5-6 6 Powers and Duties of Officers in the Tamil Nadu Information 7-14 Commission 7 Video Conferencing Facility 14-15 8 Budget Allocation 15 9 Training 15-16 10 Review of Implementation of the Act by the Public Authorities 16-17 11 Generating copies of orders in Braille Version 17-18 12 National Federation of Information Commissions in India 18 13 Sixth Annual Convention 19-21 14 Preparation of Annual Report - 2011 21 15 Disposal of applications by Public Information Officers under 21-22 the RTI Act 16 Department-wise number of applications handled during the 22-24 Calendar year 2011 17 Rejection of RTI applications by the Public Information 24 Officers 18 Disposal of RTI First Appeals by the first Appellate Authorities 24-25 19 Disposal of Tappals by the Tamil Nadu Information 25-26 Commission 20 General 26 21 Annexure – I 27-67 22 Annexure – II 68-90 23 Annexure – III 91-222 24 Annexure – IV 223-251 25 Annexure – V 252-280 ANNUAL REPORT – 2011 Introduction The Right to Information Act, 2005 was enacted by the Parliament of India 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. This Act received the assent of President of India on the 15 th June 2005 and was published in the Gazette of India for general information on the 21 st June, 2005. The Right to Information Act, 2005 has made governance citizen – centric and controlled corruption. Constitution of the Tamil Nadu Information Commission Consequent upon the enactment of the Right to Information Act, 2005, the Government of Tamil Nadu under the powers vested in Section 15(1) of the Act, has constituted the Tamil Nadu Information Commission consisting of the State Chief Information Commissioner and two State Information Commissioners vide G.O Ms. No. 988, Public (Estt I & Legislation) Department, dated 07.10.2005. The following were appointed as State Chief Information Commissioner and State Information Commissioners vide GO 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. Ramakrishnana, I.A.S. (Retired) State Information Commissioner (iii) Thiru. R. Rathinasamy, I.A.S. (Retired) State Information Commissioner 1 Subsequently, the strength of the State Information Commissioners was increased from two to six in G.O. Ms. No. 72 Personnel and Administrative Reforms (AR 3) Department, dated 10.04.2008 and the following were appointed as State Information Commissioners vide G.O. Ms. No. 77, Personnel and Administrative Reforms (AR 3) Department dated 17.04.2008 : - (i) Dr. (Thiru) R. Perumalsamy (ii) Thiru. T. Srinivasan (iii) Dr. Tmt. Sarada Nambi Arooran Subsequently, Thiru. T. R. Ramasamy, I.A.S (Retired) was appointed as State Information Commissioner as per G.O. Ms. No. 84, Personnel and Administrative Reforms (AR 3) Department, dated 01.05.2008 and all the above said four State Information Commissioners were sworn in by His Excellency the Governor of Tamil Nadu on 07.5.2008. The State Chief Information Commissioner and the State Information Commissioners who demitted Office on attaining the age of 65 years are as follows :- 1. Thiru. S. Ramakrishnan, I.A.S (Retired) - Retired on State Chief Information Commissioner 30.08.2010 2. Thiru. G. Ramakrishnana, I.A.S. (Retired) - Retired on State Information Commissioner 09.10.2010 3. Thiru. R. Rathinasamy, I.A.S. (Retired) - Retired on State Information Commissioner 11.05.2009 4. Dr. (Tmt). Sarada Nambi Arooran - Retired on State Information Commissioner 23.07.2011 Thiru. T. R. Ramasamy, I.A.S. (Retired), State Information Commissioner passed away on 30.10.2010. 2 Thiru. K. S. Sripathi, I.A.S. (Retired) 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 he was administered oath of office by His Excellency the Governor of Tamil Nadu on 01.09.2010. Salaries and allowances payable to State Chief Information Commissioner and State Information Commissioners. According to Section 16 (5) of the RTI Act, 2005, the salaries and allowances payable to and other terms and conditions of service of - (a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner; (b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government. Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity. Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement 3 benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits. Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment. Head Quarters of the Tamil Nadu Information Commission 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, initially the Tamil Nadu Information Commission functioned with its Headquarters in Purasaiwakkam, Chennai. As the accommodation in the above premises was not sufficient, the Headquarters of the Commission was subsequently shifted to Kamadhenu Co-operative Supermarket Building, I Floor, (near Vanavil), Old No. 273, New No. 378, Anna Salai, Teynampet, Chennai – 600 018 on 07.02.2007 with the accommodation of 6240 sq ft, as per the orders in G.O.Ms No.33, Personnel and Administrative Reforms(AR3) Department dated 05.02.2007 . As the said accommodation was also found not sufficient, the Government vide G.O. (1D) No.186 , Personnel and Administrative Reforms (AR3) Department dated 09.12.2010 has permitted the Commission to shift its office to the newly constructed building owned by the Tamil Nadu Slum Clearance Board at Alaiamman Koil Office Complex, Teynampet, Chennai – 600 018, with the 4 accommodation of 12750 sq-ft. The Office of the Commission is now functioning in the new premises with effect from 10.02.2011. Administration The Commission was set up as a three member Commission in the year 2006 and started functioning from a rented premises in Purasaiwakkam and then shifted in 2007 to the first floor of the ware house of a supermarket. The office shifted to a standalone building in Teynampet on 10.02.2011 with all facilities including reverse osmosis protected drinking water supply. Both the Public Information Officers and the appellants are treated with dignity, with a place to sit and not mill around for long times. Elevator is provided to ensure access to the physically challenged. Sufficient number of toilets has been provided. The staff have also been provided with a good working ambience, with no interruption from the outsiders and unauthorized persons. In short, the office has been given a corporate ambience. Equipment, machinery and stationery have been brought into account and entered in registers. Several essential registers were opened and written up-to-date. A mini library with relevant books was established. A full-fledged record room with a qualified record clerk was put in position thereby ensuring the safety of the records as also preventing unauthorized access to the records. A diesel generator has been installed to take care of power disruptions. The Right to Information Act, 2005 enjoins upon the State Government to provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act. The Government of Tamil Nadu had initially sanctioned only a skeleton Staff to the Commission. Subsequently, the Government sanctioned 5 additional staff and the details of the posts sanctioned to the Tamil Nadu Information Commission