(I) The State Government, as the case may be, shall provide the Chief Commissioner and Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
(2) The officers and employees of the State Commission as the case may be shall discharge their functions under the general superintendence of the State Chief Commissioner.
9. Functions of the State Electronic Service Delivery Commission.
(I) The State Commission shall : -
(a) moniter the implementation of this Act on a regular basis which shall include, inter alia:-
(i) the publication of services to be delivered through electronic mode and adherence to the published timelines, manner of delivery and service levels by the Government;
(ii) the periodic progress made by the Government towards achieving the delivery of all services through electronic mode in accordance with the provisions of this Act;
(iii) the simplification of processes and forms relating to delivery of electronic services;
(iv) the effectiveness of public consultation, feedback and Grievance Redressal Mechanisms;
(v) the periodic progress made by the Government towards compliance with the applicable electronic governance standards; and 18 5IN•esiv5 (3TRiTZTRuT), Ylsnci •1 14 3TVS-47, 2011
(b) perform any other function with the previous approval of the Government as may be prescribed by the State Government.
10. (1) The State Commission, shall, prepare, in such form and at such time every year, as may be prescribed, an annual report on the implementation of the provisions of this Act during the previous financial year and forward a copy thereof to the Government.
(2) Each Department shall, in relation to the public authorities within their administrative control, collect and provide such information, as may be prescribed, to the State Commission, as the case may be, and comply with the requirements concerning the furnishing of that information. The information shall include -
(a) till such time as all public services offered by the public authorities under their control have been made available through electronic mode, the plan to achieve compliance to the sub-section (2) of section (3) and the implementation status of the plan published as per sub-section (1) of section (3);
(b) in respect of the year to which the report relates, -
(i) the number of electronic service requests and the total service requests in respect of services that have been made available through electronic mode;
(ii) the number of electronic service requests in response to which service was provided in accordance with the applicable service levels and an analysis of the remaining cases;
(iii) the number of grievances pertaining to the provision of electronic services that were received under the Grievance Redressal Mechanism and an analysis of such grievances and their disposal;
(iv) the steps taken by the competent authority to strengthen the delivery of services through electronic mode in conformity with the provisions of this Act;
(v) the steps taken by the competent authority to ensure availability of assisted access.
(vi) an analysis of the feedback received by the competent authority in respect of the implementation of various provisions of this Act and in respect of services that have been made available through electronic mode, and the action taken by the competent authority in pursuance thereof;
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(c) recoinniendations for further development, improvement, modernisation, and integration of electronic services across departments and the legal and policy interventions that may be required to improve electronic service delivery;
(d) any Other information as the State Commission, may require from time to time.
The State Government, as soon as practicable after the end of each year, cause a copy of the report of the State Commission, referred to in sub-section
(1) to be laid before House of the State Legislature.
(3) If it appears to the State Commission, that the practice of a Department in relation to the exercise of its functions under this Act does not conform with the provisions of this Act, it may give a recommendation to Government specifying the steps which ought, in its opinion, to be taken for promoting such conformity.
CHAPTER IV PENALTIES AND APPEAL
11.
(1) A4y person may file a complaint in the manner as may be prescribed, before the Competent Authority in relation to non-compliance of the Act and in case of failure by the Competent Authority to redress the complaint, file an appeal to e State Commission.
(2) Where aiy Competent Authority or his subordinate has without any reasonable cause, failed to comply with the provisions of this Act, within the period specified under subsection (l and (2) of section 3, or has knowingly given incomplete, false or' misleading information, the State Commission may impose a penalty of upto Rupees five thousand, after giving such Competent Authority or his subordinate a reasonable opportunity of being heard.
12. Procedure and powers of State Commission
(1) The State Commission shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules thereunder, the State Commission shall have powers to regulate its own procedure including the place at which it shall hold its sittings.
20 STIVZITu3 11-7Z (317111117170, 71777 14 3RnTWV, 2011
(2) The State Commission shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: -
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents or other electronic records;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(g) dismissing an application for default or deciding it ex parte;
(h) any other matter which may be prescribed.
CHAPTER V MISCELLANEOUS