Does CIC have authority to issue management regulation

Message 17140

I am afraid, you did not catch Col Kurup's point

The CIC has issued the regulations under 12(4) which merely talk of
``general superintendence, direction and management of the affairs''

whereas 27(1) empowers the central government to make rules on ``the
procedure to be adopted by the Central Information Commission or State
Information Commission...''

Col Kurup says that these regulations issued by rules under disguise and the CIC
has exceeded its brief in issuing these.

quote

12 (4) The general superintendence, direction and management of the affairs of
the Central Information Commission shall vest in the Chief Information
Commissioner who shall be assisted by the Information Commissioners and may
exercise all such powers and do all such acts and things which may be exercised
or done by the Central Information Commission autonomously without being
subjected to directions by any other authority under this act.

27. (1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:-
(e) the procedure to be adopted by the Central Information Commission or State
Information Commission, as the case may be, in deciding the appeals under
sub-section (10) of section 19; and…

unquote

by the way, the cic has spelt out Do's and don'ts for requisitioners but has
said nothing about its own Do's and Don'ts which actually fall under ``general
superintendence, direction and management of the affairs''.

For example:

a) Permanent positioning of (central) information commissioners in different
parts of the country, to be closer to the people

b) Norms for camps in different parts of the country for conducting bulk hearing
from that region

c) Norms for distribution of work. (The CCIC did not need an elaborate
``regulation'' to declare this when the commission began function. the
distribution was done by a simple note.

d) Norms for expeditious disposal of pending matters

and so on

On 6/24/07, Manoj Pai wrote:
Col NR Kurup (Retd),

I am afraid, however strongly I may feel against some of the provisions of the
newly promulgated regulations, I admit, the power to regulate the working of the
Commission lies with the Commission. We have no locus standi in this regard.

We should appreciate that atleast they have responded to your mail. Lets see,
how things work out.

Best wishes

Manoj Pai
Ahmedabad

--- Col colnrkurup wrote:

Reply received from the CIC on the above issue is given below: I defenitly feel
that the above Regulation is not maintainable under the RTI Act 2005 Col NR
Kurup (Retd)