Inaugurating the Seminar, Sri Vishal Dev, Collector Balasore observed that the Seminar being held was a timely step in the sense that it would contribute to the legislative process now going on at the Government level for enacting the Draft Bill on Orissa Right to Information Act 2002. Sri Dev recounted his IAS training days at Mussourie in 1996, when he was deputed to Rajasthan to see the Right to Information movement then going on there. At one point they saw the common people dragging out the Sarpanch from his house , beating him and compelling him to admit the misappropriation of Rs.11,50,000/- out of the development funds meant for the common villagers. The people's movement for transparency grew from strength to strength and ultimately resulted in the passing of Rajasthan Right to Information Act 2000.Sri Dev expressed his full support to Orissa State Government's move for enacting a Right to Information law and wanted it to be passed as soon as possible. For the proper realization of the objectives of the Act, the level of people's consciousness need be raised. The operational difficulties arising from the implementation of the Act may be solved by amendments to be moved in future.

Sri Sudhansu Sarangi, SP, Balasore joining as the Chief Speaker of the occasion observed that the business of information is not the monopoly of the Government agencies alone. In an era of globalisation, when the State is withdrawing more and more from its traditional domains, and its place taken by private and non-government organizations, the need for transparency of action of all agencies, Government and non-Government, whoever deal with 'public interest' is uppermost. Accordingly, the Preamble of the Orissa Draft Bill 2002 which talks of the transparency of Government action only, need be suitably amended to include the non-government agencies dealing with 'public interest' issues.

Describing RTI as a defining characteristic of a democracy, the SP Balasore observed that after RTI is enacted, it would really be a great challenge on the part of the Government agencies to serve 'information' to the public as and when required. He asked, 'Where is the information at all ?'. For instance, his office has piles of old files, which are seldom read and understood by anybody, except by a few clerks and that too under compelling necessity. With zero level of computerization in Government offices, it is impossible to collect and compile the data hidden in these files. Where one or two computers have been provided to a Government office, these are mostly used for the purpose of typing out letters, and not for documentation. The proposed RTI Draft Bill of Orissa should therefore provide for computerization and modernization of Government offices for the purpose of systematic documentation of the 'information' for the purpose of its dissemination to the public.

The SP, Balasore further observed that like USA where the Sunshine Act is enforced, our State should have a separate law providing for the open and transparent conduct of all public bodies. Taking the cue from the Sunshine Act,the proposed RTI Draft Bill of Orissa should provide for as much suo moto disclosure of information as possible relating to the bye-laws of management, procedures to avail the facilities and other particulars of a public body.

Similarly, like the Whistle Blowers Act of other countries, the proposed Orissa Draft Bill 2002 should provide for protection to the persons who provide crucial 'information' in confidence to the public authorities about the corrupt or illegal practice of a 'public servant'.

Sri Sarangi further said that in our system of governance, 'the bureaucrats are permanent politicians while politicians become temporary bureaucrats'. Along with the bureaucrats, the legislators ( MLAs and Ministers) should be brought under the purview of Competent Authorities for the purpose of providing information to the public.

Sri Niranjan Panda, President Balasore District Bar Association speaking as a Guest of Honour on the occasion congratulated the organizers of the Seminar for taking a timely and appropriate step to initiate a debate on the Draft Bill on Orissa Right to Information, which should however be followed up by further discussions at different levels by the citizenry with a view to propose specific amendments to the Draft under consideration.

Sri Panda further observed that in view of several instances of malpractice and corruption by the functionaries of both upper and sub-ordinate judiciary, there is an imperative need for making the judiciary transparent and accountable. Moreover, the common citizens have a right to know, how the judicial officers of various Courts are appointed by the executives of the State.The definition of Competent Authorities ( Clause 2 of the Orissa Draft Bill ) should therefore include inter alia the Courts and Tribunals for the purpose of providing information to the public.

Sri Bimbadhar Kunar, Minister Labour, who was the Chief Guest of the occasion observed that an important topic like the Orissa Draft on RTI deserved to be debated and discussed in an elaborate and threadbare manner by the conscious members of the public.

Sri Kunar expressed his personal view that in olden days there were not many laws, but people still abided by the norms of accountability before the community. The ancient code of Dharma had only two Clauses, namely Pap (Sin) an Punya ( Noble Deed), which attracted Punishment and Reward for them respectively. As the life grew more and more complex and problems multiplied, it became necessary to enunciate laws and procedures one after another, each to address to a specific problematic situation that the modern man faced.

In the present context, Sri Kunar said, the proposed RTI Act would greatly help the mediamen, who are in need of authentic and updated information from the public authorities for disseminating the same to the people through their newspapers and media.

At the same time, the media organizations should also remain accountable, like other Competent Authorities, for informing the public about their conduct, as and when necessary.

Speaking about the lawyers, the Minister for Labour said that they are in the habit of lying to their clients and of concealing crucial information before the clients. Sometimes they use legal jargons in English before their clients, who are illiterate or semi-literate fellows, with the sole intention of concealing their real motives. Sri Kunar therefore emphasized the need for bringing the lawyers under the purview of Competent Authorities for the purpose of RTI Act.

There is all round degeneration of every section of society. Even the NGOs who are supposed to fill up the role and functions neglected by the Government are corrupt and secretive by and large.

Sri Kunar concluded by saying that all should strive to raise the level of public consciousness, so that the Right to Information Act in genuine sense of the term could have a chance to succeed.

Sri Jeeban Pradip Das, MLA observed that the topic of today's Seminar, Draft Bill on Orissa Right To Information Act 2002 need be debated and discussed more in depth in wider forums involving cross session of people. As a matter of fact, the level of interest shown by the people in public activities is very low. For instance, as per the 73rd Amendment of the Constitution Palli Sabha should sit regularly and decide every matter concerning the village development. But as I know, Palli Sabha doesn't sit and function anywhere in his district. Every scheme requires participation of the people for its successful implementation. For instance, Prime Minister Gramya Sadak Yojna. Due to lack of interest of people in taking it up, the money sanctioned on this head remains unutilized and returns back. The NGOs, who should raise the level of interest and consciousness of the people towards public issues are themselves not transparent. In such a situation, the purposed Right To Information Act can't succeed. However, it can succeed only, if people of all sections cooperatee for its proper implementation.

Sri Mishra gave a brief account of the history of Right To Information movement in the world starting from the Swedish Act passed in 1774. Alongside of Right To Information Act, other related legislations were also passed in the advanced democracies. These are Sunshine Act, Whistle Blowers Act and the like. While we are now concentrating on Right To Information Act, we should also work towards enactment of such related legislations in interest of bringing about a clean, transparent and accountable system of Governance in our State.

It is unfortunate that Orissa which has a well-staffed Department of Fisheries has to depend on neighboring Andhra Pradesh for the fish we eat. Similarly we use the vegetables brought from Andhra Pradesh, despite the fact that we have a huge Department for Agriculture.The people have a right to know why this is so?

Sri Mishra concluded by saying that Government should allow more time to the people to debate and discuss the various provision of the Bill, so that the Draft Document can be enriched to a great extent by people's contributions, before it is presented to the Orissa Legislative Assembly for enactment

Sri Mishra opined that in a State where three Ministers without being informed about the reasons of their ouster could be sacked by the Chief Minister, there is little chance of a common citizen getting any information about any thing from the Government, even if the Right To Information is enacted.

Sri Mishra strongly opined that along with the bureaucrats, the MLAs and Ministers including the Chief Minister should be brought under the purview of Competent Authorities in the Draft Bill for Orissa Right to Information Act- 2002.

Sri Mishra concluded his talk by an appeal to the members present to undertake a discrete analysis of the Draft Bill and suggest changes from the standpoint of a common citizen's access to information held by public authorities.

Due to lack of time, Sri Behera presented a very sketchy overview of the Orissa Draft Bill along with his comments on its salient provisions from a written statement.

At the outset, Sri Behera observed that, the various provisions of the Draft Bill need be suitably recast in order that these provisions be brought in reconciliation with the objective of bringing transparency in the action of every Government and public authority, as proclaimed in its Preamble, on one hand, and with the existing provisions of Constitution, Central and State Acts, Statutes, Rules, Codes and Manuals bearing on the subject matter of disclosure of information by public authorities and the proposed Central Bill ( Freedom of Information Bill 2000 ), on the other.

1. The period within which the Gazette notification of the Act, need be specified in the Clause-1 (c) of the Draft Bill in stead of being left to the discretion of the Government and that too in an indeterminate future.
   
   
2. The Clause 2 ( a) of Orissa Draft Bill leaves the discretion to define and notify the Competent Authorities to Government from time to time in an indeterminate future. In view of this, even after the Act is passed, it won't be implemented for a day, in absence of Act saying in clear terms whom to approach for getting the desired information.

   In line with Section 2 ( b) of Freedom of Information Bill 2000, the Orissa Draft Bill 2002 in its Clause 2 (a) should declare Chief Justice of Orissa High Court, Speaker of the Orissa Legislative Assembly, Governor of Orissa, Chief Minister of Orissa and Chief Secretary of Orissa as Competent Authorities for the purpose of the Act.so that there won't arise any dispute at all regarding whom to approach and whom not to approach for the purpose of the Act.

   Moreover, like the Goa RTI Act 1997 (Vide Sub-clause (a) of Clause 2 ), where a list of 113 Government and Public Bodies was appended, the Orissa Draft Bill in its aforesaid Clause should enclose a list of Competent Authorities as an inseparable part thereof.

   While drawing up the list of Competent Authorities, the Orissa Bill may include a Schedule as in case of the Freedom of Information Bill 2000, where the list Of Organisations to remain outside the purview of the Act may be furnished,

   The Orissa Draft Bill may include the Political Parties as Competent Authorities for the purpose of the Act , as recommended by the National Commission to Review the Working of the Constitution in their Report submitted on 31st March 2002.

3. In Clause 2 (c ) and (d) of the Orissa Draft Bill, the terms 'Information' and 'Right to Information' have been defined respectively. And again in Clause 3, meaning of the term 'Right to Information' has been further elaborated. Such provisions of the Orissa Draft Bill need be reconciled with those of Sections 74-76 of Evidence Act 1872, where the Public Document has been defined as any record of an act or records forming the acts of sovereign authority consisting of its legislative, executive and judiciary wings along with all public offices, courts and tribunals constituted there under, and where the provision has been made in categorical terms for the right of a person to inspect the public documents and take the certified copies thereof.
   
   
4. In Clause 4 (a) of the Orissa Draft Bill relating to the Procedure for Supply of Information, the additional provision for applying for information through post, email and messenger should be made over and above the existing provision of personal visit.

   The 'prescribed form' that the Draft Bill refers to, need be formulated and appended as an inseparable part thereof as in the case of Tamilnadu RTI Act of 1997. The Form should be small and simple and ask for the name and address of the applicant along with the title and nature of the information sought. The Form should avoid asking about the purpose of seeking the information.

   The Fee to be charged against the information to be supplied should be fixed on 'no profit and no loss' basis, just to cover the cost of reproduction. While charging the fee, a public authority should not discriminate between so-called personal use and commercial use of the information sought, as mentioned in the Orissa Draft Bill.

   The Clause 4 (b) provides for the Competent Authority to take 30 days, even to refuse a request for information.The Order for Refusal, if at all unavoidable, should be communicated to the applicant forth with or at maximum within 24 hours of the application so made.

5. In Clause 5 ( a), there should be restrictions only on the grounds of sovereignty, integrity, security and international relations of the State along with the grounds on incitement to an offence, investigation of a crime or adjudication of a case. Other restrictions as mentioned therein are redundant.

   The Clause 5 in its Sub-Clause ( b), Para 2 prohibits the disclosure of information relating to the papers submitted by the Cabinet to the Governor, Centre-State Relations or confidential communication between the Centre and State, a provision under which a wide-range of useful information can be denied to a citizen. This provision need be deleted.

   The Clause 5 in its Sub Clause (d) prohibits the disclosure of information that would breach the Privilege of Parliament or Legislative Assembly, a provision which is unnecessary in view of the Sections74-76 of the Evidence Act 1872 and also in view of the overriding principle mentioned as last proviso of the Clause, ' Provided that information , which cannot be denied to the state Legislature , shall not be denied to any person'.

6. The Clause 6 of the Orissa Draft Bill provides a very complicated and time consuming procedure for disposal of Request for Information by the Competent Authority. In its place, a single window system of disposal of requests for information by the Competent Authority- all within 15 days ( in case the information is provided) and within 24 hours ( in case the information is denied) and also within 34 hours ( in case the information concerns the urgent matters relating to the life and liberty of an individual ) should be provided.
   
   
7. The Clause 7 of Orissa RTI Draft Bill deals with Appeal to be made by an aggrieved citizen, who has been unjustly denied the information or has been served with wrongful or misleading information by a Competent Authority. The Sub-Clause (a) provides for the first appeal to be made to his next higher Authority, a provision which seems to be a meaninglessly time consuming one. The Second Appeal to be made to Lokpal seems to be a completely impractical proposition, since the one-man office of Lokpal can not possibly look after the numerous appeals to be made by the aggrieved citizens from all over the State. The two-phase, round-about procedure of appeals is also fraught with the consequence of multiplying further and unnecessary litigations to add to to the woes of a common man. The procedure of making an appeal and its disposal need be made into a summery one, based on the existing provisions of the IPC, and Codes and Manuals governing the transactions on public documents.
   
   
8. The Clause 8 of the Orissa Draft Bill which deals with Obligations on Competent Authorities, should provide that every Public Authority , especially Governmental Agency need to publicise updated information from time to time, their Citizens Charter, the Bye-Laws and Composition of the Managing Committee, the detail procedure and particulars of the entrusted officers for availing their facilities by a common citizen etc., through the Website, daily newspapers and office notice boards, so as to enable a common citizen to access such information easily, without having to run to the concerned office of the Competent Authority.

   The said Clause should also provide for the Competent authorities to use the Latest information technologies of the day such as Computer and Internet for storage and documentation of the information and as well for their instant and cost-effective dissemination. Such advanced technologies may be applied to receive, process and dispose of the requests for information by the citizens.

   In the special context of Orissa, the public authorities should make suo moto disclosure of all information relating to their state of preparedness on possible natural and man-made calamities, and progress of the rescue, relief and rehabilitation programmes undertaken in the aftermath of such calamities and the assistance received and utilized on account thereof.

9. The Clause 9 deals with Penalties, but does not specify the authority, against whom such penalties shall be charged, Competent Authority or an Officer appointed thereunder for the purpose of the Act ? Moreover, its Sub-Clause (b) says that, an enquiry shall be held and thereupon the penalties imposed upon the officer at fault by the disciplinary authority as per the Service Rules applicable to him. Such a provision is bound to prove counter-productive and need be deleted in view of the fact that the Orissa Public Servants Conduct Rules 1959 in its Section 11 prohibits the disclosure of any official information to any member of the public. The Central Government Servants Conduct Rules 1964 provides a similar prohibitive provision.

   The only salutary provision that the Clause 9 ( b) contains is the provision for a 'fine of Rs.200/- per day for the period of delay after the day by which the information is required to be supplied' need be maintained. At the same time, it should be specified that the said fine shall be paid by the Competent Authority concerned.

10. The Clause 10 deals elaborately with the State Council for Right to Information, supposedly an independent monitoring authority for a proper implementation of the Right to Information law in the State.In the interest of maintaining the impartial character of this Body, it should be headed by a Retd. Justice of a High Court. The Act should provide for a statutory period of 5 years for a particular body of the Council, before the expiry of which, it can not be dissolved. A member of the Council should be a Woman.
    
    
11. The Clause 11 of Orissa Draft Bill deals with the Overriding Effect of the Act. Since many of the Acts and Rules now in force in Orissa do contain provisions which are generally prohibitive of disclosure of information by public authorities, this Clause should specify the concerned provisions ( For instance, Section 11 of the Orissa Public Servants Conduct Rules 1959 ), which may prove repugnant to the provisions of the Orissa Right to Information Act 2002, and against which the latter shall have an overriding effect. Otherwise, the Orissa RTI Draft Bill , even if enacted into a law, shall remain inoperative due to co-existence of conflicting provisions.
    
    
12. Compensation: A new Clause, namely Compensation may be added to the Orissa Draft Bill. It shall provide for the compensation to be paid to the wronged citizen, who has been deprived of his right to information due to the misfeasance committed by the concerned Competent Authority. The fine to be realized from the Competent Authority at fault by way of penalty shall be paid to the wronged citizen by way of Compensation.
    
    
13. Rules of the Act: A new Clause shall be added to provide for the Rules to be made for operationalising the Act. It should specify the time period within which the Competent Authorities shall make the Rules. The rules so made shall be passed in the Orissa Legislative Assembly, and thereafter be notified along with the Act in the Gazette and other mass media print and electronic.
    
    
14. Power to Remove Difficulties: A new Clause shall be added , saying that the Competent Authorities shall have power to suitably amend the Rule made under the Act with a view to render the operation of the Act , easier, smoother and more citizen-friendly. But this power to remove difficulties shall be exercised within two years of the notification of the Act.
    
    
15. Publicity of the Act : The Act should provide a provision for publicizing the Act and Rules through mass media of communication ( TV, Radio and Newspapers ), display on notice boards of all Public authorities including Panchayat Raj institutions down to Gram Sabha level and also through Websites on the Internet.
    
    

REPORT BY
Sri Prasant Kumar Mohanty, President
President, Balasore Unit of Orissa Union of Journalists
At: Baringia, PO: Saragan, Dt - Balasore
Mobile: 98610-49219 Phones: 351340 and 351626 ( R)
Dated 23rd July 2002

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