As Mr. Raicharan Das pointed out, a plain statement regarding the overriding effect of the provisions of the Orissa RTI Act in the Clause 11 of the Draft Bill shall not suffice for the purpose. As a matter of fact, the relevant provisions of the Central Acts like the Evidence Act, 1872 and IPC, 1860 deal with such concepts as document, information, inspection etc. and how they shall be carried out along with the penalty for providing false information to the public. These Acts are not going to be rendered redundant with the passing of the Orissa Right to Information Act or for that matter, of any State Act. So, there is an indispensable need for bringing the provisions of the Orissa RTI Draft Act in consonance with the provisions of the above said central Acts. Moreover, Orissa Records Manual, 1964 and Orissa Nizarat Manual, 1962 do also have elaborate provisions as regards how to allow the right to information and inspection to the members of the public, and even on the same day of their application. The relevant provisions of the proposed Orissa Right to Information Act need be reconciled with the corresponding provisions of these long standing Rules and Manuals still binding on Government offices in Orissa.
Mr. Sourya Sundar Das, Advocate, Orissa High Court had observed that the Information Technology Act, 2000 is a central Act now binding on all States of India including Orissa. This Act deals with how the public authorities of the Union and States should use latest digital methods for both storage and transmission of information. The proposed Orissa RTI Act should therefore take into account the relevant provisions of the Information Technology Act, 2000. Moreover, Mr.Das referred to the Rules and GRCOs of Orissa High Court, which provide for allowing information and inspection of records to the applicants on the same day of application or at maximum within 3 days of such application.
The contention of both Mr. R.C.Das and Mr.S.S.Dash was, why should the proposed RTI Act of Orissa ( which in its Clause 4b provides for long 30 days time for serving the desired information to an applicant ) override the provisions of the existing Rules and Manuals of Orissa ( which provide for a much quicker and easier delivery of information ) to the public ?
Under the circumstances, the recommendation is that the Clause on Overriding Effect of the proposed Orissa RTI Draft Bill can be considered acceptable only when its various provisions are brought in reconciliation with the concerned Central Statutes and State Rules and Manuals, with a view to ensure a more speedy and easy delivery of information to the public along with a more just and quick disposal of appeals in case of disputes.
Only when this exercise of reconciliation is satisfactorily worked out, the rewording of the Clause on Overriding Effect can be effected in the following words, as suggested by Justice Sri Devendra Mohan Pattnaik, Chairman, Orissa State Consumer Grievance Redressal Commission:
" 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 overriding effect over the provisions of the former Act, to the extent of such inconsistency."