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Annual Report 2015-16

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At the third tier, the Central Information Commission has been established as<br />

the apex appellate authority under the RTI Act 2005. An information seeker can file<br />

a second appeal before the Central Information Commission against the order of FAA,<br />

if he is not satisfied or does not receive an order from FAA within the specified time as<br />

per section 19 (3) of the RTI Act.<br />

1.6.2 Complaint<br />

A complaint can also be filed before the Central Information Commission in certain<br />

circumstances envisaged in Section 18 of the RTI Act, such as (i) where the Public<br />

Authority has not appointed a CPIO or (ii) the CPIO has refused to accept an RTI<br />

application, or (iii) the CPIO has not given a response within the specified time limit<br />

or (iv) the CPIO has given incomplete, misleading or false information or (v) where<br />

unreasonable fee has been demanded by CPIO.<br />

1.7 Powers and Functions of the Central Information Commission<br />

The RTI Act 2005 through its Sections –18, 19 and 20, prescribes the powers<br />

and functions of the Commission in dealing with appeals, complaints and penalties<br />

respectively.<br />

1.7.2 Preparation of <strong>Annual</strong> <strong>Report</strong><br />

As per section 25 of the RTI Act, the Commission is required to prepare an <strong>Annual</strong><br />

<strong>Report</strong> after the end of each year on the implementation of the provisions of the Act<br />

during that year which is to be forwarded to the appropriate Government, which, in<br />

turn, is required to lay the report before each House of Parliament.<br />

1.7.3 Section 25<br />

Various clauses under Section 25 deal with preparation of the <strong>Annual</strong> <strong>Report</strong> and<br />

submission of information to the Commission by the Public Authorities for preparation of<br />

the <strong>Annual</strong> <strong>Report</strong>s, prescribing the contents of the <strong>Annual</strong> <strong>Report</strong> as well as bestowing<br />

power on the Commission to make recommendations to the Public Authority so as to<br />

bring practices of the Public Authority in consonance with the provisions and the spirit<br />

of the RTI Act.<br />

As per section 25(3), each report shall state in respect of the year to which the report<br />

relates,-<br />

(a)<br />

(b)<br />

the number of requests made to each Public Authority;<br />

the number of decisions where applicants were not entitled to access to the documents<br />

pursuant to the requests, the provisions of this Act under which these decisions were<br />

made and the number of times such provisions were invoked;<br />

3

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