In view of the fact that the representative I & PR Dept, Government of Orissa is present here, I hope, we shall achieve certain positive results out of the deliberations of this Consultation.

Firstly, SHORT TITLE AND COMMENCEMENT ( Clause 1) : Here there is no specific commitment on the part of the Act, when it will come into force following its enactment. In absence of a clear-cut deadline, the Government may take 2 years or even more to enforce the Act. So, the Act should mention the time- period within which it shall be notified in the Official Gazette and come into force.

Secondly, though the private bodies are equally covered under the Definition of Competent Authorities like the Government bodies are (Clause 2- Definitions), the rest of the provisions of the Act do not keep in view the requirements of private bodies as Competent Authorities. Almost the whole act has been framed keeping in view the Government bodies to the neglect of private bodies.If a Company does not provide the desired information as it should under the provisions of the Act, there is no mention as to how can it be tried and penalized.

Thirdly, the Act also does not take into cognizance the peculiar problems one faces in getting information from lower levels of administration, say from a Block or a Collectorate. As the situation stands today, a citizen while seeking information from such lower levels of administration, is often referred by one officer to another officer and in the process he gets lost. So how a citizen can access the information in a single-window disposal system, is the moot question that the Draft Bill should address to.

Fourthly, I fully agree with the proposition that all heads of public authorities including the CAG ( Comptroller and Auditor General) are to be made accountable. The Draft Bill need to be reformulated accordingly.

Fifthly, the administrative circulars being issued from time to time by different Departments do play a great role in influencing the public life. But the Draft Bill does not provide for copies of such circulars to be given to the common public.

Sixthly, when a citizen puts up a grievance before a public authority, he should be told about the time period within which the said grievance shall be redressed.

Seventhly, OBLIGATIONS ON COMPETENT AUTHORITIES ( Clause 8) : If most of the information could be publicised suomoto relating to funds, facilities, programmes, schemes etc of the Government agencies, then there shall be little to be left for the citizen to seek for.

Eighthly, as regards the penalty, the Act says that Rs.200/- shall be realised as fine against everyday's delay. There may be some litigants who would file applications for getting money as compensation. Moreover, if a particular piece of information is worth several times the worth of penalty, an officer may prefer to pay penalty rather to disclose the information. So whether and how far the provision of financial penalty would be affective in compelling an officer to disclose the information is doubtful.

Lastly, as regards the Over-riding Effect of the Act, the Draft Bill says that, it shall prevail in spite of the existence of legislations like Official Secrets Act, but how far it is true and practicable.