Who we are?
The State Information Commission is constituted by the State Government through a Gazette Notification. It will have one State Chief Information Commissioner and not more than ten State Information Commissioners to be appointed by the Governor. Oath of office will be administered by the Governor according to the form set out in the First Schedule to the Right to Information Act, 2005.
The headquarters of the State Information Commission is at Shillong.
The Commission will exercise its powers and functions without being subjected to any other authority.
The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of the Committee consisting - of
The State Chief Information Commissioner shall be a person 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.
The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for re-appointment, provided with no State Chief Information Commissioner shall hold office as such after the has attained the age of sixty-five years.
The State Information Commissioners shall hold office for a term of five years or till he attained the age of sixty-five years whichever is earlier and shall not eligible for re-appointment as such State Information Commissioner.
However, State Information Commissioners shall on vacating his office be eligible for appointment as State Chief Information Commissioner but his term of office shall not be more than five years in aggregate as State Information Commissioner and the State Chief Information Commissioner.
What we do?
It shall be the duty of the Commission to receive and inquire into complaints from persons aggrieved by any of the reasons given under section 18(1) of the Act. Where the Commission is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry thereof. While conducting an inquiry into a complaint, the Commission shall have the same powers as are vested in a civil court trying a suit under the Code of Civil Procedure,1908, in respect of the matters given under section 18 (3) of the Act. During an inquiry into a complaint under this Act, the Commission can examine any record to which the RTI Act applies which is under the control of the Public Authority.
Section 19(3) of the RTI Act provides for 2nd appeal before the State Information Commission. The 2nd appeal shall lie within 90 days from the date on which the decision should have been made by or was actually received from, the first appellate authority. The Information Commission may admit the 2nd appeal after the expiry of the period of 90 days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. While making a decision, the State Information Commission has the power to require the Public Authority to comply with the provisions of the RTI Act -
The second appeals filed before the State Information Commission are decided in accordance with the Right to Information (Appeals & Procedures of the State Information Commission) Rules, 2007, notified by the Government of Meghalaya vide No. IPR/112/96/PT.IV/331 dated 1-8-2007. In an appeal proceedings, the onus to prove that the denial of request was justified shall be on the Public Information Officer who denied the request. If the appeal relates to information of a 3rd party, the 3rd party shall be given a reasonable opportunity of being heard before a decision is made by the Information Commission.
The RTI Act empowers the Information Commission to require the Public Authority to compensate the complainant for any loss or other detriment suffered.
The State Information Commission has the power to impose penalty on the State Public Information Officer for the following defaults:
Where the State Public Information Officer has –
The Penalty provided under section 20(1) of the RTI Act is Rs.250/-each day till the application is received or information is furnished. The total amount of such penalty shall not exceed twenty five thousand rupees.
Before imposing any penalty, the Commission shall give the State Information Officer a reasonable opportunity of being heard. The burden of proving that he acted reasonably and diligently shall be on the State Public Information Officer.
For any of the reasons mentioned above for imposing penalty on the SPIO, the Commission may recommend disciplinary action against the State Public Information Officer under the service rules applicable to him.
Each report shall state in respect of the year to which the report relates -