The Right to Information Rules to prescribe reasonable fees and a time-limit for disposal of an appeal by the Information Commission- demand the civil society groups and Panchayatiraj representatives in a Seminar at Satyabadi, Puri
A one-day Seminar on Right to Information Act 2005 was held at Satyabadi in Puri district on 26th of Sept. under the joint aegis of ‘The Humanity’ and ‘Right to Food Campaign, Orissa’for sensitizing the Panchayatiraj representatives and NGO activists working in rural areas on the role they have to play in respect of proper operationalisation of the new Act with effect from 12th of October 2005, the statutory deadline for its coming into full force. The Seminar inter alia critiqued the Rules relating to the ‘Cost and Fees’ under the Act brought out by the Ministry of Personnel, Government of India for central level public authorities and reviewed the progress made by the Government of Orissa in implementing the provisions of the Act in the State.
Speaking at the Seminar, Sri Panchanan Kanungo, former Minister of State for Finance observed that this unique, pro-people legislation, if properly implemented, can checkmate the massive scale of corruption and inefficiency which have plagued our system of governance from top to bottom. He however warned that the officialdom whose powers and vested interests are going to be affected by the RTI Act, won’t like to implement it properly on their own. It is the common people whom the Act really empowers can ensure its effective enforcement, if they so like, said Sri Kanungo.
A senior journalist and Editor Paryabekshak Sri Rabi Das in his speech hailed the RTI Act as the only progressive piece of legislation in 58 years of independence, that recognizes in unqualified terms the fundamental right of a citizen to know the affairs of the State as managed by its three wings, executive, legislative and judiciary. Sri Das called upon the participants to get themselves thoroughly conversant with the detail procedure for inspection of records and application for information under the Act, so that no official can befool them in order to withhold information liable to disclosure.
Addressing the post-lunch session of the Seminar, Sri Prasad Harichandan, the former Minister of State for Home commented that not only the administrative departments, but also the legislative processes of the State do remain as of today outside the public view. To clinch his contention, Sri Harichandan gave the instance of the Public Accounts Committee of the Orissa Legislative Assemby, whose business, proceedings and report are as a rule kept hidden from the public knowledge. It is simply ludicrous that the nomenclature of a Committee is styled as ‘Public’ when there is no chance at all for the members of the public to relate to its affairs in any manner, told Sri Harichandan satirically. He called upon the people of Satyabadi, a part of his home constituency, to inspect and apply for information to various public offices under the RTI Act from the coming 12th of October onwards, and thus help make Orissa the laboratory for experimenting the new law, worth emulating elsewhere in the country.
Sri Chitta Behera, a social scientist in his explanatory talk on the provisions of the new Act told that a citizen can inspect the records of a public office regarding 17 nos. of items for free and can take their copies paying the cost of production only, as clearly mentioned under Section 4, and if he wants additional information, he may apply to the concerned Public Information Officer paying an application fee as per Section 6. If a public authority shows a callous or negative attitude to a citizen’s request for information, then the latter can put up a direct complaint to the Information Commission for enquiring into the matter. Another means of getting his grievance against the PIO redressed is to make the first appeal to the departmental appellate authority, and if the order of the first appeal is not satisfactory, then a second appeal can be made before the Information Commission, which has the power to penalize the defaulter PIO while compensating the aggrieved citizen. Sri Behera concluded by observing that the new Act shall help the public authorities systematise their information regime just as it would help the citizen access the official information barely necessary for his life and livelihood, so far denied to him.
Certain consensus emerged following the deliberations made in the Seminar. It was felt that while the Central Government Rules have rightly provided for an acknowledgement receipt of the application fee and the actual cost for the model or sample to be paid by the applicant, the amount of Rs.2/- proposed for the copy of a standard page and the amount of Rs.50/- towards the price of a floppy or CD are too exorbitant and need to be reduced to 50 to 75 paise per page and Rs.10/- to Rs.15/- per CD/Floppy respectively. The Central Rules by stipulating an exorbitant Rs.5/- to be charged towards fee for inspection for every subsequent 15 minutes following the first hour which would be free of any charge, have ignored the mandate under Section 4 of the Act that enjoins upon the appropriate Governments and Competent Authorities to make any kind of dissemination of suo moto information either free or only at the cost of production. Further it was felt that the most serious lacunae in the Act i.e. absence of a time limit for disposal of the appeal by the Information Commission should be made up in the further Rules to be announced by the Centre. Besides to ensure that the Rules be made citizen-friendly, the Seminar called upon the State Government of Orissa to finalise them only after inviting public objections if any thereon.
Sri Pradip Pradhan the Convenor in his introductory remarks had reported the progress already made by the civil society groups across the State in respect of the campaign for Right to Information Act. He also spoke about the significance of the new compilation brought out on the occasion, that contained English and Oriya versions of the Template for an Information Hand-book under the RTI Act which each public authority should follow to proactively disseminate all their information as required under the Section 4 of the Act. Sri Pradhan thanked the Ministry of Personnel, GOI for the excellent job of providing this Template originally in Hindi and English on the website for every body to access and make use of.
The Seminar was presided over by Sri Jayant Kumar Hota, Chairman of Satyabadi Block and addressed by several other speakers including Sri Siba Prasad Mishra, a journalist.
Report by Sri Pradip Pradhan, Convenor of the Seminar on Right to Information Act 2005 at Satyabadi, Puri on 26th of September 2005
RESOLUTION OF THE SEMINAR ON
The Right to Information Act 2005
held at Satyabadi, Puri on 26th of September ’05
A one-day Seminar on ‘The Right to Information Act 2005’ was held at Satyabadi, Puri on 26th of September ’05 under the joint aegis of ‘The Humanity’ and ‘Right to Food Campaign, Orissa’for sensitizing the Panchayatiraj representatives and NGO activists working in rural areas on the operationalisation of the new Act with effect from the 12th of October as mandated under the Act. It was addressed by Sri Panchanan Kanungo former Minister of State for Finance, Sri Prasad Harichandan, former Mnister of State for Home Orissa, Sri Rabi Das, senior journalist and Editor Paryabekhyak, and Sri Chitta Behera a social scientist.
Following the day-long discussions, certain commonly agreed decisions were arrived at regarding proper implementation of the RTI Act both at Central level and State level. It was further resolved to inform the concerned Governments for considering the same for taking necessary and immediate action thereon.
FOR THE CONSIDERATION OF THE CENTRAL LEVEL AUTHORITIES:
The Rules under the RTI Act relating to Cost and Fees, which have recently been published on the website of the Ministry of Personnel, Government of India contain the following positive elements which every appropriate Government and competent authority should follow while making Rules for their respective spheres:
· Provision of a receipt to be issued by a public authority against payment of application fee of Rs.10/- ( Section 6), and
· Provision for the actual cost of the model or sample to be paid by the applicant (Section 7).
However, the following Rates as prescribed need to be drastically reduced in view of the rider given under the Act that the suo moto information be made available either free or at the cost of production only ( Section 4) and all fees need be reasonable (Section 7) ;
· The suggested charge of Rs.2/- against the photocopy of a standard page be reduced to 50 to 75 paise per page;
· The suggested charge of Rs.5/- to be claimed towards the fee for inspection for every subsequent 15 minutes following the first hour which is free of any charge, be waived completely, as an inspection involves no material cost. The Explanation under Section 4 necessitates such a waiver.
· The exorbitant amount of Rs.50/- towards the price of a floppy or CD as suggested under the Rules be reduced to Rs.10/- to 15/- to comply with the injunctions on fee determination as given under Sections 4 and 7.
Besides the Central Government in their further Rules should provide for a time limit for the disposal of a complaint or an appeal, just in the manner of the Maharastra RTI Act 2002, which had fixed the time limit of 30 days for the purpose.
FOR THE CONSIDERATION BY AUTHORITIES AT ORISSA LEVEL
· The alternative suggestions given above for the Central level authorities on determining costs and fees under the Act are applicable to the State level authorities too.
· The State Rules should specifically provide for how to identify a BPL person intending to inspect a public office under Section 4 or applying for information under Sections 6 and 7.
· The State Rules should provide for acknowledgement receipt to be issued by a public authority against each application, complaint or appeal under Sections 6, 18 and 19 respectively.
· The State Rules should provide for a time limit for disposal of a complaint and an appeal by the Information Commission under Sections 19 & 27 .
· The State level authorities of Orissa should publish their respective draft rules under the RTI Act to invite public objections, if any, preferably within a fortnight before finalizing them. This is required under Section 24 of the Orissa General Clauses Act 1937.
· All the public authorities in the State should be instructed to keep ready all their records as required under Section 4 as per ‘The Template for Information Handbook under RTI Act’, published by the Ministry of Personnel, GOI by 12th of October to enable the citizens to visit and inspect them with effect from the said date.
On behalf of the Seminar on Right to Information Act held at Satyabadi, Puri on 26th September 2005
To
Dr. Manmohan Singh
Hon’ble Prime Minister
Govt. of India
Sub: Resolution of the seminar on The Right to Information Act 2005 held at Satyabadi, Puri on 26th of September ’05
Respected Sir,
Greetings from Right to Food Campaign, Orissa
The undersigned on behalf of seminar on Right to Information Act organized at Satyabadi of Puri district of Orissa jointly by The Humanity, a voluntary organization and Right to Food Campaign, Orissa held on 26.9.05 bring to Your kind notice attached resolution along with brief report for your reference and kind consideration and necessary action.
Thanking You
Yours sincerely
Pradip Pradhan
State Convener
Copy to: The Secretary, Ministry of Personnel, Public Grevances and Pension, Govt. of India, New Delhi
To
Mr. Nabin Pattnaik
Hon’ble Chief Minister, Govt. of Orissa
Bhubaneswar
Sub: Resolution of the seminar onThe Right to Information Act 2005 held at Satyabadi, Puri on 26th of September ’05
Respected Sir
Greetings from Right to Food Campaign, Orissa
The undersigned on behalf of seminar on Right to Information Act organized at Satyabadi of Puri district of Orissa jointly by The Humanity, a voluntary organization and Right to Food Campaign, Orissa held on 26.9.05 bring to your kind notice attached resolution along with brief report for your reference and kind consideration & necessary action.
Thanking You
Yours sincerely
Pradip Pradhan
State Convener
To
Mr. Digambar Mohanty
Commissioner-cum-Secretary
Dept. of Information and Public Relation, Govt. of Orissa
Bhubaneswar
Sub: Resolution of the seminar on The Right to Information Act 2005 held at Satyabadi, Puri on 26th of September ’05
Respected Sir
Greetings from Right to Food Campaign, Orissa
The undersigned on behalf of seminar on Right to Information Act organized at Satyabadi of Puri district of Orissa jointly by The Humanity, a voluntary organization and Right to Food Campaign, Orissa held on 26.9.05 bring to Your kind notice attached resolution along with brief report for your reference and kind consideration and necessary action.
Thanking You
Yours sincerely
Pradip Pradhan
State Convener