Respected President and Dear Friends,
I am thankful to BASUNDHARA for having invited us to this RTI Consultation as a panelist of the Session on Implementation Strategy, being held on 13.07.2002.
For your kind information, OPUS has been active inter alia on the issue of RTI for quite some period. As you might know, about a year ago, we had organised a large mass rally of women demanding enactment of RTI law in the State of Orissa on 17.05.01 and presented a Memorandum to that effect to the Honb'le Governor of Orissa on the same day. Thus we have a lot of experience and ideas to share with all the guests and participants present here on the Draft Bill for Orissa RTI-2002, the topic of the ongoing Consultation. We give here our suggestions on the following points for incorporation in the Draft Bill.
Clause 2 ( Definitions): In Sub-clause (b), the word 'Government' has been clearly defined. But a definition of Organisation has been omitted. The concept of Organisation may therefore be defined as follows:
i) Organisation means Non-Government Organisations of Orissa, registered under Society Registration Act-1860 and Foreign Contributions (Regulation) Act 1976.
ii) Other Non-Govt. Organisations not belonging to Orissa but working in Orissa.
The Sub-clause (c) mentions Information as any material relating to the affairs of various organisations controlled or funded by the State Government doing public work or service.
But the information relating Non-Government organisations funded by Government of India or Foreign Agencies for executing public work or service has been omitted. It should be included.
While preparing the Draft Bill on RTI, the Dept. of I & PR has referred to the Goa RTI Act of 1997. But the vital matters have been omitted. The Goa RTI Act 1997 has clearly mentioned the competent authorities in an appendix, wherein the various authorities of the Government have been specifically mentioned. Similarly in our Draft Bill a similar list of Governmental organisations should be incorporated.
In Clause No-4 of the Draft Bill ( Procedure for Supply of Information), no provision has been made in respect of information of the Non-Government Organisations (NGO) funded by Government of Orissa/Govt. of India/Foreign Agencies.
It should be mandatory for the NGOs to submit the copy of the project proposal submitted to Government of Orissa/Govt. of India/Foreign Agencies for grant-in-aid, to State Council for RTI. After sanction of the project proposal by the concerned authority, a copy of the same should be submitted to the State Council, so that people can obtain information regarding the NGOs and can verify/supervise/monitor the work of NGOs to check the corruption.
In Clause-5 ( Restrictions) the Sub clause (a) has mentioned that the competent authority may withhold the information on the plea of administration of justice. This is as good as the Official Secrets Act 1923. If this Sub-clause comes into force, the competent authority may not supply the information at all, and the whole purpose of enacting the bill will be foiled. So the concept of administration of justice should be clearly defined, so that public may not be harassed for obtaining the information.
In Sub-clause-(c) restriction has been imposed so as not to supply any information protected by law. The Government have been pleased to enact the RTI as the supply of information was protected by law previously. Again this paragraph has been incorporated in the sub-clause. Categorically it should be mentioned what the expression 'protected by law' means. Otherwise the competent authority may refuse to supply any information on the plea of 'Information protected by law'.
Clause 10 ( State Council for Right to Information) in its Sub-clause II says that two MLAs are to be nominated by the Speaker for the membership of State Council. It is suggested that the leader of the opposition should be one such member, and another MLAs may be nominated by the Speaker as he pleases.
A retired Judge of Orissa High Court and a senior Advocate may be included as members of the State Council for RTI. The senior advocate shall be nominated by Bar Council of High Court of Orissa.
Abharani Choudhury
Secretary