DISCLOSURE UNDER SECTION 4(1)b

VISION AND MISSION

       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.

        With the enactment of the Right to Information Act, 2005, the fact that the right to information is a fundamental right flowing from Articles 19(i)(a) and 21 of the Constitution of India has now been well settled.  The ultimate aim of the Right to Information Act is to have a well informed citizenry, which is aware of its rights, and well trained officers of public authorities who are aware of their duties and functions under the Act.  A Government committed to effective implementation of the Act together with active participation of non-governmental organizations and other activists and with an active Information Commission would be able to achieve the desired results.  The State Information Commission, Kerala, which came into being on 21-12-2005 is on the forefront to achieve the goals enshrined in the Right to Information Act, 2005 to mould an informed citizenry, to promote transparency of information held by or under the control of the public authorities, contain corruption, and to hold governments and its instrumentalities accountable to the governed.

DUTIES AND RESPONSIBILITIES OF OFFICERS AND EMPLOYEES

DUTIES AND RESPONSIBILITIES OF SECRETARY

• The Secretary shall be the Chief Executive of the Commission on administrative side. Any communication addressed to him will be deemed to be addressed to the Commission and the Commission will be represented by him in all cases leading before Court of law.
• The Secretary shall discharge his function under the control and superintendence of the Chief Information Commissioner and shall have overall charge of the office of the Commissioners.
• The Secretary shall communicate the decision, orders or direction of the Commission in all AP cases to the concerned person/SPIO/AA and all such communication issued or authenticated by the Secretary shall be deemed to be the communication from the Commission

• Secretary shall ensure the compliance of the orders direction or decisions passed by the Commission and take all necessary steps in this regard.

• The Secretary shall exercise all such powers and all such function as are assigned to him by the CIC for time to time.

• The Secretary shall assist the Information Commission in discharge of its function and circulate all AP files to CIC and Commissioners.

• Secretary shall in consultation with the Chief Information Commissioner convene the meeting of the full Commission once in a month.

• Secretary shall in consultation with the CIC prepare the agenda for the meeting.

• The Secretary shall present at the meeting of the full Commission and take down or cause to be taken down the minutes of the meeting.

• A copy of the minutes of the every meeting duly approved by the CIC shall be kept by the Secretary.
• To exercise financial powers and sanction expenditure as per delegation of powers and subject to budget provision.

DUTIES AND RESPONSIBILITIES OF LEGAL EXPERT

• To process all court cases and legal issues
• To tender legal opinion and elucidate question of law, if any, in all cases referred to him by CIC and Commissioners.
• To liaise with Standing Counsel in all court cases on behalf SIC of the and to prepare Statement of facts in all Court cases.

• To maintain suit register with updated details and monitor court cases.

• To arrange internship of law students in the Commission on RTI Act and receive reports of their internship.
• To bring out implication of High Court and Supreme Court judgments with regard to RTI Act and rules and prepare note for consideration of Commission.
• To function as first AA under RTI Act.
• To circulate CPs allotted to IC(G) and IC(S) to concerned Commissioners and authenticate orders thereon and issue notice to petitioner/SPIO/AA in CPs.

 DUTIES AND RESPONSIBILITIES OF FINANCE EXPERT

• To circulate CP files relating to IC(N) and IC(CS) and to authenticate orders of the Commissioners and issue notice to petitioners and SPIO/AA in CP cases.
• To ensure fair and transparent procedure in all financial transaction
• To ensure that no expenditure is incurred without the sanction of competent authority
• To guard against every kind of wasteful expenditure
• To sanction expenditure of routine and repetitive nature up to the limit of Rs.10000/-
• To verify and advice in all financial matters and administrative matters having financial implication.
• To supervise preparation of budget estimate, appropriation and reappropriation proposals in which there was no allotment or adequate provisions.
• To cause to prepare replies to audit report and objections.
• To report the budget provision and expenditure under each head from time to time to the notice of the CIC.

• To propose measures to improve fiscal discipline and conservation of resources.

 DUTIES AND RESPONSIBILITIES OF JOINT SECRETARY

• To functions as SPIO under RTI Act.
• To function as drawing and disbursing officer.
• To exercise strict and close control in regard to maintenance of proper accounts for all financial transaction.
• To check accounts as frequently as possible and physical verification of cash periodically and see that under no circumstances money paid is kept out of accounts a day longer than absolutely necessary.

• To ensure compliance of store purchase rule and codal provision in purchases.
• To conduct physical verification of stock periodically and findings shall record and report.
• To  circulate  CP  files  allotted  to  CIC  and  IC(K)  to  concerned Commissioners and CIC and authenticate orders of Commissioners in CP and issue notice in CP files to petitioner, SPIO/AA etc.
• To function as internal vigilance officer to ensure observance of decency and decorum of the office and enforce discipline of staff subordinate him.

 DUTIES AND RESPONSIBILITIES OF SECTION OFFICER

​COMPLAINT PETITION:-

All complaint petitions submitted by 3 Assistants are checked and submitted to Finance Expert, Legal Expert and Joint Secretary.

MISCELLANEOUS PAPERS:-

All miscellaneous papers submitted by 3 Assistants are checked and submitted to Finance Expert, Legal Expert and Joint Secretary.

PAPERS RELATED TO ACCOUNTS:-

Preparations of budget, preparation of surrender of funds, to function as cashier maintenance of cash book and all papers related to Accounts/Audit etc.

ADMINISTRATION:-

House keeping, Maintenance of vehicles and all other equipments attached to the Commission.  General  Superintendence and discipline of Office work.To take guidance and instructions of Secretary as and when required in day to day administration. Supervise all staff subordinate to him.

POWERS AND FUNCTIONS OF SIC

 PARTICULARS OF THE ORGANIZATION,FUNCTIONS & DUTIES               

State Information Commission, Kerala, has been constituted by Government of Kerala under section 15(1) of the Right to Information Act, 2005 (No.22 of 2005).The Headquarters of the Commission is situated at Punnen Road, Thiruvananthapuram.

CONSTITUTION AND COMPOSITION OF KERALA STATE INFORMATION COMMISSION

Kerala State Information Commission was constituted under section 15(1) of the Right to Information Act 2005, through gazette notification No.80649/Cdn.5/05/GAD dated 19th December 2005 published as SRO No.1091/2005 in Kerala Gazette Extraordinary   No.2731 dated 19-12-2005.  The Commission consists of the State Chief Information Commissioner and five State Information Commissioners.  Names of the State Chief Information Commissioners and State Information Commissioners since the inception of the Commission are as follows.

LIST OF COMMISSIONERS AND THEIR TENURE IS AS FOLLOWS.

IMPORTANT ASPECTS COMES UNDER RTI

 OVERRIDING EFFECT OF THE ACT

 The provisions of the RTI Act  shall have effect notwithstanding  any thing inconsistent therewith contained in the Official Secrets Act,1923 and  any other law for the time being  in force or any instrument  by virtue of any law other than this Act. An application for information received under the RTI Act can be rejected only for any of the reasons u/s 8 or 9 of the Act.

BAR OF JURISDICTION OF COURTS

No court shall entertain any suit, application or other proceedings 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 the RTI Act.  The decision of the State Public Information Officer shall be called in question only by an appeal before the Appellate Authority u/s 19(1)  of the Act and the decision of the Appellate Authority shall be called in question only by way of an appeal before the State Information Commission  u/s 19(3)  of the Act.

EXEMPTED ORGANIZATIONS

 By virtue  of the  powers  vested  under section  24 of RTI Act, Government of  Kerala, have exempted the following  organizations from the purview of the Act.

1.  Special Branch CID

2.  Crime Branch CID

3.  District Special Branches of all Districts/Cities

4.  District and State Crime Record Bureau

5.  Police Telecommunication Unit

6.  Confidential Branch in the Police Headquarters, Kerala  and Confidential sections in all Police Offices in Kerala

7.  State and Regional Forensic Science Laboratories

8.  State and District Finger Print Bureau

9. Home (SS.A) and Home (SS.B) Departments in the Govt.Secretariat (sensitive/confidential/secret papers  received from the Special Branch CID,Crime Branch CID,District Special Branches of all Districts/Cities,District and State Crime Reords Bureaus,Police Telecommunication Unit,Confidential Branch in the Police Headquarters,Kerala  and Confidential  Sections in all Police Offices  in Kerala,State and Regional Forensic Science Laboratries,State and District Fingerprint Bureau).

10.State Vigilance and Anti-Corruption Bureau “T”- Branch.

However, the information pertaining to  allegations of corruption and human rights violations  are not exempted from disclosure  in the case of these exempted organisations.  In the case of allegations of violation of human rights,  the information shall be provided only after the approval of the State Information Commission and the information shall be provided within 45 days  from the  receipt of request.

HOW TO MAKE A  REQUEST  FOR INFORMATION UNDER THE RTI ACT

 1.   The request shall be in writing or through electronic means in English or Hindi  or in the official language of the  area in which the application is made.

2.  The Full name and address of the applicant  particulars of information required and other relevant reference, if any, are to be clearly specified in the application.

3.  The application shall be accompanied by  the prescribed fee.

Govt. of Kerala have prescribed the Kerala Right to Information (Regulation of Fee and cost) Rules, 2006.  The application fee is  Rs.10/-   The application fee shall be paid in any of the  following manners.

a. by affixing court fee stamp; or

b. by remitting  the amount in the Government Treasury, under the head of account " 0070 - 60 - 118 - 99 "  Receipts under the Right to Information Act, 2005.

c. by cash remittance against proper receipt in the office  of the State Public Information Officer/ State Assistant Public Information Officer, as the case may be; or

d. by demand draft/bankers' cheque /pay order payable to the State Public Information Officer/State Assistant Public Information Officer;

Provided that in the case of public authorities other than Government Departments, the fee shall be remitted to the account of such public authority as provided in (c) & (d) above.

4. The application shall be made to the State Public Information Officer of the concerned Public Authority or the State Asstt. Public Information Officer as the case may be, specifying the particulars of information sought   by him.

5. Where the applicant cannot make the request in writing, the State Public Information Officer shall render all reasonable assistance to the person making the request to reduce the oral request into a written request.

6.   Persons below poverty line are not required to remit the application fee.  However, they are required to produce BPL certificate from the Block Development Officer for those persons residing in rural areas and, from the Secretary of the Corporation/Municipality for those residing in Corporation/Municipal area, respectively and from village/block panchayat secretaries for those residing in village areas.

7.    An applicant is not required to give any reason for requesting the information or any other personal details  except those that may be necessary for contacting him.

DISPOSAL OF THE REQUEST

1.    On receipt of a request for information, the State Public Information Officer shall either give the information on payment of the prescribed fee or reject  the request for any of the  reasons specified in section 8 and 9 of the RTI Act as expeditiously as possible, and in any case within thirty days of the receipt of the request.

2.     Where the information sought for concerns the life  or liberty of a person , the same shall be given within 48 hours of the receipt of the request.

3.      If the decision on the request for information is not given within the prescribed time limit, the request shall be deemed to have been refused.

4.     Where a decision is taken to provide the information on payment of the cost for providing the information,  the Public Information Officer shall send an intimation to the person  making the request giving   details of the  fee representing the cost of providing the information and the calculation made to arrive at the amount,  requesting him to deposit the fees.  The period intervening between the despatch of the above intimation and payment of fees shall be excluded for  the purpose of maximum period in determining  the time limit for  providing the information.

FEE FOR PROVIDING INFORMATION

For providing information, the public authority shall charge the fee at the following rates, in case no separate fee is prescribed:

 a)     Rupees three for each page in ‘A4’ size paper.

 b)     Actual charge or cost price of the copy in larger size paper.

 c)     Actual cost or price for samples or models, maps, plans etc.

 d)    For inspection of records, no fee for the first hour; and a fee of rupees ten for every subsequent thirty minutes or fraction thereof.

For providing information under S.7(5) of the Act, the fee shall be charged at the following rates:-

• For information provided in diskette or floppy or CD or any other electronic mode, rupees seventy five (for each).
• For information provided in printed form, rupees three for each page or the actual price fixed for such publications.

The fee for providing information shall be collected by way of cash against proper receipt or by remitting the amount in the Treasury under the Head of Account “0070-60-118-99 –Receipts under the Right to Information Act , 2005 “or by demand draft or bankers cheque or pay order payable to the concerned State Public information Officer.

        Provided that in the case of public authorities other than the Government Departments, the fee shall be remitted to the account of such public authority as provided in clause (c) and (d) of rule 3 of the Kerala Right to Information (Regulation of Fee and Cost Rules), 2006.

No fees shall be charged from persons Below Poverty Line

Persons below poverty line are exempted from payment of application fee and also the fee for providing the information. Such persons shall produce valid certificate aling with the application proving that they belong to the category below poverty line.But vide notification under GO.(P) No.20/2015 GAD dtd 17-01-2015,Government have decided to limit free supply of information to 20 pages in A4 size paper and no material in large size pages will be supplied free of cost to BPL category. The Government of Kerala have authorized the  Block Development Officers as the competent authority to issue eligibility certificate to those below poverty line in rural areas and, the Secretary of the Corporation/Municipality for those below poverty line in Corporation/Municipal area.and the village/block panchayt secretaries to those below poverty line in village areas.

INFORMATION IS  FREE IF THE TIME LIMIT IS EXCEEDED

The information shall be provided free of cost where a SPIO of Public Authority fails to comply with the prescribed time limit for furnishing information

REJECTION OF  A REQUEST

Where a request is rejected,  the State Public Information Officer shall inform the person making the request -

a.      the reason for such rejection

b.      period within which the appeal may be preferred; and

c.      the particulars of Appellate Authority.