At a glance
- Appointing committee (section 15(3)): the Chief Minister (chair), the Leader of Opposition in the Assembly and a Cabinet Minister nominated by the Chief Minister; the Governor appoints on its recommendation.
- Penalty on a Public Information Officer: Rs 250 for each day, up to Rs 25,000 in all (section 20(1)).
- Members: a State Chief Information Commissioner and State Information Commissioners, not more than ten (section 15(2)).
Facts
| Law | Right to Information Act, 2005, Chapter IV, sections 15-17 |
|---|---|
| Constituted by | The State Government, by notification in the Official Gazette (section 15(1)) |
| Who can be one | Persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance (15(5)) |
| Barred | A Member of Parliament or of a State Legislature, or anyone holding an office of profit, connected with a political party, or carrying on a business or profession (15(6)) |
| Head of the body | The State Chief Information Commissioner holds general superintendence, direction and management (15(4)) |
| Headquarters | At a place the State Government specifies by notification (15(7)) |
| Term | Three years (rule 12 of the Right to Information Rules, 2019); no one holds office after the age of 65 (section 16) |
| Pay and conditions | Prescribed by the Central Government since the 2019 amendment of section 16(5) |
| Regulations | Rajasthan Information Commission (Management) Regulations, 2007, made under section 15(4) |
Removal (section 17)
- Proved misbehaviour or incapacity: removal by order of the Governor after the Supreme Court, on the Governor's reference, has inquired and reported.
- The Governor may suspend the person during the inquiry.
- Without an inquiry the Governor may remove one who is adjudged insolvent, convicted of an offence involving moral turpitude, takes paid employment outside the office, is unfit by infirmity of mind or body, or has acquired an interest likely to affect his functions.
Complaints, appeals and penalty
- Section 18: the Commission receives and inquires into complaints from persons who could not get information.
- Section 19(3): second appeal to the Commission against the first appellate authority's decision.
- Section 20(1): the penalty falls on a Public Information Officer who without reasonable cause refuses an application, does not give the information in time, malafidely denies it, gives incorrect or misleading information or destroys it; he is heard first and must prove he acted reasonably.
Remember: often mixed up
- Committee sizeInformation Commission, three (Chief Minister, Leader of Opposition, a Cabinet Minister he nominates) · Human Rights Commission, four (Chief Minister, Speaker, Home Minister, Leader of Opposition); the High Court Chief Justice sits on neither.
- Who removesInformation Commissioners, the Governor · RPSC and Human Rights Commission members, the President.
Test yourself: asked in exams
CET Graduation Level 2022 · Q64
What is the maximum amount that the Rajasthan State Information Commission can impose fine for not giving information?
- (1)15,000
- (2)20,000
- (3)25,000
- (4)30,000
Show answer
✓ (3) 25,000
See the full paperRAS Prelims 2024 · Q36
State Information Commissioner is appointed by the Governor on the recommendation of a Committee. Who of the following is not a member of this Committee ?
- (1)The Chief Minister
- (2)The Leader of opposition in Legislative Assembly
- (3)A cabinet minister to be nominated by the Chief Minister
- (4)Chief Justice of High Court
Show answer
✓ (4) Chief Justice of High Court
See the full paperProtection Officer 2022 · Q22
Read the following statements carefully : Statement 1 : Rajasthan Information Commission (Management) Regulations, 2007 was framed under Section 15(4) of the Right to Information Act, 2005. Statement 2 : The Rajasthan Information Commission has the authority to impose penalty of ₹ 250 per day and a maximum of ₹ 50,000 on the Public Information Officer. Select the correct option among the following :
- (1)Only statement 1 is true.
- (2)Only statement 2 is true.
- (3)Statements 1 and 2 are true.
- (4)Statements 1 and 2 are not true.
Show answer
✓ (1) Only statement 1 is true.
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