WEST BENGAL INFORMATION COMMISSION
SMS & Email alert
An applicant can also get SMS and email alert if he will provide mobile no. & email id along with the application.
Are there any public authorities exempt from providing information?
Yes, intelligence and security organizations specified in the Second Schedule to the Act are exempt from furnishing information under the Act. However, this exemption does not apply if the requested information pertains to the allegations of corruption and human rights violations.
In which language a request may be made for seeking information?
As per section 6 (1) of the RTI Act, a request may be made in English or Bengali or in the official language of the area in which the application is made.
How an application for seeking information is to be made?
As per section 6 (1) of the RTI Act a request may be made in writing to the State Public Information Officer (SPIO) the concerned Public Authority. Application may be made on a plain paper or as per suggested format for application.
If the information is sought relating to this Commission, the application has to be addressed to the State Public Information Officer of this Commission in 11 A, Mirza Ghalib Street, Khadya Bhawan, Kolkata 700087.
What is “right to information’’?
“Right to information” means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to---
(i) inspection of work, documents, records;
(ii) taking notes, extracts, or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.
What type of information may be obtained under the RTI Act?
The type of information which may be obtained is defined under section 2 (f) of the Act as any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
Who can seek information under the Right to Information Act, 2005?
As per section 3 of the RTI Act any Indian citizen can seek information under the Act.
Has this Commission power to reconsider or review its order(s) on merit?
No.
Is the decision of this Commission binding?
Yes, it is binding under section 19 (7) of the Act.
How information about disposal of a case is conveyed to the parties?
After hearing of the cases by the Chief IC or IC concerned, a formal order is passed, a hard copy of which is provided to the complainant/appellant and the SPIO concerned free of cost. A copy of the order passed is also uploaded on the website of the Commission.
Yes, in appropriate cases this Commission may order the public authority to compensate the complainant.
No.
Yes, this Commission may recommend for disciplinary action against the SPIO under the service rules if the Commission is of the opinion that the SPIO has, without any reasonable cause and persistently failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information.
Is the SPIO entitled to opportunity of hearing before imposition of penalty?
Yes, the SPIO is entitled to a reasonable opportunity of hearing before any penalty is imposed on him.
Has this Commission power to order for penalty while deciding a complaint or an appeal?
Yes, this Commission may impose penalty on the SPIO if this Commission is of the opinion that the SPIO has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees.
Such information may be supplied only after giving a written notice to the third party and taking into account the submission of the third party. The information may be disclosed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
On whom does the onus rest to prove that a denial of request is justified?
In any appeal proceedings, as per section 19 (5) of the Act, the onus to prove that a denial of a request was justified rests on the SPIO who denied the request.
Is facility of hearing through video conferencing available?
Yes, facility of hearing through video conferencing is available at almost all district headquarters of National Informatics Centre (NIC) in the state. Also virtual hearings are conducted on regular basis on google meet and zoom platforms.
The appellant may remain present in person or through his duly authorized representative.
Is a complainant or an appellant entitled to priority in hearing cases?
The complaints and second appeals filed in this Commission under the RTI Act are taken up for hearing in chronological order. However, the Commission in a particular matter may decide to accord precedence depending on the facts and circumstances of the case.
Is the appellant entitled to a hearing before the second appeal is decided by this Commission?
Yes.
Generally how much time is taken by the Commission in deciding a complaint/appeal?
Receipt of second appeals/complaints is a continuous process and they are disposed of as expeditiously as possible. The complaint/appeal is taken up as per its turn. A priority hearing is accorded in a particular case or class of cases as per orders of the Chief IC/IC concerned. A complete list of pending cases of Chief IC/ each IC is available on the website of the Commission. Cause List indicating the date of hearing of the cases is also available on the website of the Commission.
What are the activities undertaken after receipt of a complaint or second appeal?
After the receipt of a complaint or appeal in the Dak Section the following activities are taken on it:-
(a) After the receipt of a complaint or appeal, a dak registration number is allotted. Those who deliver the dak personally, are given a receipt immediately. For any inquiry, applicant must quote this number. Once the case is registered, the case no. should be quoted.
(b) SMS – The appellant / complainant will also receive the docket no. through SMS & email if he provides his mobile no. and valid email id.
(c) After classification of the dak in the dak section, if it pertains to a fresh complaint or appeal, it is sent to the CR Section.
(d) The dak is scrutinized in the CR Section as per the provisions in the RTI Act & Rules framed thereunder.
(e) If the appeal is in order as per the RTI Rules, it is registered and given a case number. Similarly, if it is a complaint under section 18 and is accompanied by at least a copy of the RTI request, it is registered and given a case number. After registration it is sent as per allocation of work.
(f) If the appeal is not accompanied by the specified documents, it is returned pointing out the deficiencies with a facilitation memo., for removing the deficiencies and re-filing the same. Similarly, if the complaint is not accompanied by an RTI request, a letter is issued asking for a copy of the same.
(g) If the appeal is premature i.e. filed without first filing a first appeal before the First Appellate Authority in the public authority concerned or filed without waiting for a period of 45 days from the date of filing the first appeal; in such cases it is rejected as premature.
Is any fee required to be paid in the case of second appeal/complaint filed in the Commission?
No fee is required to be paid alongwith the second appeal/complaint.
Can a second appeal or a complaint be filed in this Commission electronically?
Yes, a second appeal or a complaint can be filed electronically on www.wbic.gov.in online along with the requisite documents as per RTI Rules, 2006 and subsequent amendment. The documents must be duly signed/ self-attested/ verified before scanning and attaching with the appeal or complaint being filed.
What is the difference between an Appeal and a Complaint under the RTI Act?
A second appeal under section 19 (3) of the Act is filed against an order of the FAA in a public authority or when the FAA does not make a decision within the specified time. A complaint under section 18 of the Act may be filed directly on the grounds mentioned in sub-section (1) of this section. The main difference between a complaint and a second appeal is that in the case of an appeal, this Commission may pass orders directing the SPIO to provide the requested information to the appellant in appropriate cases whereas such orders cannot be passed while dealing with a complaint.
What happens if a 2nd appeal is filed beyond stipulated period?
Formal request for condocation of delay supported with documents to justify the delay should be submitted.
If a formal request for condonation of delay is not made alongwith the second appeal not filed in the specified time, the same is liable to be rejected.
Has this Commission power to admit the appeal after the expiry of the period of (90) ninety days?
Yes, if this Commission is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
Is there any time limit for filing a complaint?
No, however, a complaint should be filed within a reasonable period, as soon as a cause of action in the matter has arisen.
Yes, a complaint may be filed directly in this Commission under section 18 of the RTI Act, by a person:-
(a) who has been unable to submit a request to a State Public Information Officer either by reason that no such officer has been appointed under the Act, or because the State Assistant Public Information Officer has refused to accept his or her application for information or appeal under this Act for forwarding the same to the State Public Information Officer or senior officer specified in subsection (1) of section 19 or this Commission;
(b) who has been refused access to any information requested under this Act;
(c) who has not been given a response to a request for information or access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she considers unreasonable;
(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.
How many copies of the second appeal are required to be submitted to this Commission?
Only one copy of second appeal along with the proof of service of the appeal on the SPIO and the First Appellate Authority is to be submitted to this Commission.
Yes, all the documents submitted along with second appeal are required to be signed/self-attested/verified by the appellant. If the second appeal is filed online, complete copies of all the required documents bearing signatures of the persons concerned are to be uploaded.
What are the documents required to be submitted along with second appeal?
The following documents are to be submitted along with second appeal:-
(i) a copy of the application submitted to the State Public Information Officer;
(ii) a copy of the reply received, if any, from the State Public Information Officer;
(iii) a copy of the appeal made to the First Appellate Authority;
(iv) a copy of the Order received, if any, from the First Appellate Authority;
(v) copies of other documents relied upon by the appellant and referred to in his appeal; and
(vi) an index of the documents referred to in the appeal.
Is there any format for filing second appeal before this Commission?
Yes, the following format of appeal has been prescribed under the RTI Rules, 2012 framed under the Act:
FORMAT OF APPEAL:
A) May be filed on plain paper
(See Rule 8)
B) A 2nd appeal should contain the following detais:
1. Name and address or the appellant
2. Name and address of the Central Public Information Officer to whom the application was addressed
3. Name and address of the Central Public Information Officer who gave reply to the Application
4. Name and address of the First Appellate Authority Who decided the First Appeal
5. Particulars of the application
6. Particulars of the order(s) including number, if any, against which the appeal is preferred
7. Brief facts leading to the appeal
8. Prayer or relief sought
9. Grounds for the prayer or relief
10. Any other information relevant to the appeal
11. Verification/authentication by the appellant
C) Also 2nd appeal format (suggested) may be used.
Is there any time limit for filing second appeal?
Yes, a second appeal against the decision of the First Appellate Authority may be filed before this Commission within 90 (ninety) days from the date on which the decision should have been made by the FAA or was actually received.
Yes, a first appeal before the First Appellate Authority should be filed before moving second appeal before this Commission. If a second appeal is filed without filing a first appeal, the same is liable to be returned.
At what stage the applicant can approach the Commission for second appeal?
An applicant can approach the Commission in second appeal under section 19 (3) of the RTI Act against the decision of the First Appellate Authority or when no decision is passed by the FAA within the specified time (maximum period of 45 days).
No, Central Information Commission does not have jurisdiction over a State Information Commission nor a complaint or appeal can be filed in the Central Information Commission against an order of a State Information Commission.
The distribution of work amongst the Chief IC and other ICs is available on the website.
As Second Appellate Authority, the Commission has jurisdiction over all public authorities under Government of West Bengal which are established, constituted, owned, controlled and substantially financed by funds provided directly or indirectly by the State Government. These include all departments including all the Public Authorities under the Departments viz. constitutional bodies, line agencies, statutory bodies, public sector undertakings, bodies created under executive orders, bodies owned, controlled or substantially financed and NGOs, substantially financed by the Government of West Bengal etc. A list of public authorities is on the Commission’s website.
What is the composition of this Commission?
As per section 15 of the RTI Act, 2005 the State Information Commission consists of the Chief Information Commissioner and Information Commissioners not exceeding 10. The present composition is available on the website.
Is there any Facilitation Desk functioning in the Commission?
Yes, a Facilitation Desk is functioning at West Bengal Information Commission, 11 A, Mirza Ghalib Street, Khadya Bhawan, Kolkata -700087 to provide assistance to those who visit the Commission personally for second appeal and complaints. The working hours are 1100 hrs to 1600 hrs (excluding Saturday, Sunday and Gazetted holidays)
Is there any helpline numbers?
Yes, the helpline number is 033-22520509.
Where is the office of this Commission located?
The office of this Commission is located at Khadya Bhawan, 11 A, Mirza Ghalib Street, Kolkata -700087.
Disclaimer: Content / information / data owned and maintained by West Bengal Information Commission. Web Site Designed and developed by National Informatics Centre
Official Site of West Bengal Information Commission | Copyright 2020, All Rights Reserved.
Back to Home