CONDITIONS NECESSARY FOR IMPLEMENTATION OF THE PROPOSED RIGHT TO INFORMATION LAW IN ORISSA


  1. The Orissa Public Servants Conduct Rules Sec-11, which proscribes the unauthorized disclosure of official information on the part of the public servants to any member of the public or even to another public servant, need be amended so as to make it an obligation on the part of the public servants to communicate to the members of the public the necessary information as the per the provisions of the Orissa Right to Information Act ( proposed).

  2. The relevant provisions of the following State rules and procedures as they deal elaborately with subjects on documentation, information and inspection etc. need be consolidated into a comprehensive manual, which would be necessary for implementing the proposed Right to Information law in the State:

    1. Orissa Records Manual 1964
    2. Orissa Nizarat Manual 1962
    3. Rules of High Court of Orissa 1948
    4. GRCO of the High Court of Judicature Orissa [Civil] 1985.

  3. All the public authorities of the State need to adopt latest information technologies including computerization, electronic transmission of the information, the method of digital signature etc. for the purpose of communication with the public at large, in the light of the provisions of the Information Technology Act 2000.

  4. The public servants of the State need be given proper training and orientation in the matter of proper storage and transmission of information through electronic and digital media in the quickest possible manner to the public, in place of their existing practice of handling paper-based information.

  5. A comprehensive reform of governance of the State as a whole so as to ensure devolution of powers to the Panchayatiraj institutions upto Gram Sabha level along with local bodies on one hand, and making the public servants at each level transparent, accountable and responsive in their conduct towards the members of public on the other, need be attempted in the light of the Recommendations of the National Commission to Review the Working of the Constitution [which submitted their Report on 31st M arch 2002 to Government of India, available now on website: www.http://ncrwc.nic.in]

  6. Justice Sri P.C. Mishra, Justice Sri Devendra Mohan Pattanaik and many other speakers had expressed their loud concern on the unhappy phenomena like rank red-tapism, lack of transparency, loathesome and negative attitude towards the public and misappropriation of public funds, that characterize today's bureaucracy in all public authorities, barring a few exceptions. Unless and until such a state affairs is eradicated, it is hopeless to see the success of implementation of the proposed Right to Information legislation in the State. In view of this, it is suggested that the State Government should implement necessary administrative reforms on the lines of recommendations of Working Group Report 1997 ( Chaired by Sri H.D.Shourie) entitled 'Towards Open and Transparent Government' and the recommendations of the National Commission to Review the Working of the Constitution submitted on 31st March 2002 (Chairman Justice Sri M.N.Venkatachaliah).

  7. Mrs. Bilasini Patnaik and many other speakers had pleaded for abolition of Official Secrets Act 1923, which strongly prohibits disclosure of any official information. Moreover, the National Commission to Review the Working of the Constitution drew the attention of the nation to the 3rd Schedule of the Constitution, which binds a Minister of the Union or of the State to an Oath of Secrecy, an anachronism in a democracy. The Commission therefore pleaded for the Oath of Transparency to replace the Oath of Secrecy.


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