The following changes were suggested in the language of certain provisions of
Draft Bill for Orissa Right to Information Act 2002
By Justice Sri Devendra Mohan Patnaik,
Chairman, Orissa Consumer Grievance Redressal Commission,Cuttack
In the Statelevel Consultation held at Basundhara, Cuttack on 13 July 2002


[ The bold expressions as found in the following paragraphs have been suggested by Justice Sri Patnaik for incorporation ]

2. Definitions

     a.   "Competent authority " meansany person or officer in authority and at the relevant time in possession or custody of the matter/matters of which information is sought for, , as notified by the Government/Organization from time to time for the purpose of this Act,
x     x      x      x      x      x      x      x      x      x      x      x      x
 
     c.   "Information" means material or information from official record or documents of any kind relating to affairs of the state or any local body or other authorities constituted under an enactment passed by the Orissa Legislative Assembly for the time being in force or Statutory Authority or a Company, Corporation, Trust Firm, Society or a Cooperative society, or any Organization funded or controlled by the Government or executing any public work or service on behalf of as authorized by the Government (obligation on the part of private bodies/organizations to be limited to supply of information relating to utilization of public funds);
x     x      x      x      x      x      x      x      x      x      x      x      x
 


4. Procedure for supply of information:
     a.   A person desirous of obtaining information shall make an application to the Competent Authority in writing in the prescribed form and on payment of the prescribed fee, the Competent Authority shall grant a receipt for the same specifying the nature of the request and the date on which the information can be supplied.
x     x      x      x      x      x      x      x      x      x      x      x      x
 
Provided further, that the access fee to be charged shall be decided by the Government and will be notified from time to time to cover the cost of photocopying of the requested information or the cost of the diskette or cassette, as the case may be.
 
     b.   Upon receipt of an application requesting for an information, the Competent Authority shall consider it and furnish the information required by the applicant or pass orders thereon refusing the request along with reasons of such refusal, as soon as practicable, and in any case, within thirty working days from the date of receipt of the application;if no information is furnished or an order of refusal is communicated to the applicant at his given address, it shall be presumed that the information has been withheld for no substantial reason and the person concerned shall be made answerable as per the provisions of the Act.
x     x      x      x      x      x      x      x      x      x      x      x      x
 

5.. Restrictions on Right to Information
     a.   Information, the disclosure of the contents of which will prejudicially affect the sovereignty and integrity of India or security of the state or international relations or cause communal or caste disharmony or affect due administration of justice or investigation of any offence under law.
x     x      x      x      x      x      x      x      x      x      x      x      x
 

7. Appeals:
     a.   Any person aggrieved by an order of the Competent Authority or any person who has not received any order from the Competent Authority within thirty working days may appeal to the next higher authority to be notified by the Government; the list of such authorities to be displayed in public in the office concerned.
x     x      x      x      x      x      x      x      x      x      x      x      x
 

11. An Act to have over-riding effect:

In case the provisions of any State Act are found to be inconsistent with the provisions of this Act, the provisions of this Act shall have an over-riding effect over the provision of the former Act, to the extant of such inconsistency.

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