Mode of Supply
The Orissa Draft Bill is silent on the mode of submission of the request for information and that of its transmission. A default reading of the concerned provision ( Clause 4a) makes it apparent that the applicant has to visit the office himself in order to apply for information. The said provision has not taken into account the variety of the modes( post, messenger, email, and fax) in which the application can be submitted and information supplied, which should be provided for by the Orissa Draft Bill. It is all the more important in view of the provision of the Information Technology Act 2000, which makes it obligatory on the part of public authorities to adopt electronic methods of data transmission and digital signatures.
Time Period required for rejection of request for Information
The next important point concerns the long period of 30 days, that a public authority may take, even to reject an application for information. The unanimous recommendation of the Consultation is that the Public Authority should instantly communicate its decision of rejection and reasons thereof to the applicant, so that the applicant might decide his next course of action.
Time Period required for supply of Information
The provision of thirty working days within which the supply of information shall be made is also not in tune with the times. In this regard, the Orissa Draft Bill has not taken into account the existing Rules and Manuals (Orissa High Court Rules, Records Manual, Nizarat Manual etc.) binding on the government offices ( dealt separately in this Chapter on Recommendations), which provide for the supply of information and inspection of records on the same day ( in case of urgent requests) to the applicant, and within a maximum period of 3 days ( in case of normal requests). When these Rules and Manuals were made in the olden days, the methods of disposal of information were then manual and only paper-based in nature. When the applications for information and inspection could be complied with within 1 to 3 days given that backward state of information technology, it is but natural to expect to-day a quicker access to information and holding of inspection when the state of information technology has undergone a radical change making it possible the transmission of vast amount of various data at once with a click of the mouse.
The Recommendation of the Consultation was that the long period of 30 working days for supply of information was not acceptable at all, and a shorter period need be determined by the Government of Orissa keeping in view the norms of procedure as provided in the existing Manuals and Rules as aforesaid, the state of technological development at global level and national level, and the practical state of affairs existing in Orissa.
Prescribed Form of Application for Information
The Clause 4 speaks of the prescribed form to be used for applying for information, but does not append the said form to the Draft Bill. It is recommended that the Form of Application for Information should be simple asking for name and address of the applicant along with the particulars of information sought, and nothing more, as found in the existing Rules and Manuals of Orissa dealing with supply of information to the public and inspection of records by them. Moreover, this prescribed Form should be easily available free of cost to the citizens.