As Mr.Raicharan Das, Retd. Additional Secretary, Dept of Revenue, Govt of Orissa pointed out course of his written paper and also talk, the Orissa RTI Draft Bill suffers from some structural deficiencies, without correction of which the enactment would serve neither the interest of the citizen, for whom it is professedly meant, nor the Constitutional, legal and statutory requirement, which an enactment belonging to the Concurrent List of the Constitution like the proposed one need to comply with in a federal set-up. Mr. Sourya Sundar Dash, Advocate Orissa High Court and Chairman of the 1st Session of the Consultation had also referred to the need for bringing the proposed Draft Bill of Orissa in consonance with the existing Rules of the State, which lay down quick and cost-effective procedure for information and inspection of the public documents. Mr.Dash also referred to the Information Technology Act 2000, already enacted at Central level, the provisions of which need be taken care of by the proposed Orissa RTI Act.

Firstly, the Draft Bill on Orissa Right to Information as a whole has been framed, keeping primarily in view the interest of the administration, though it speaks of serving the citizens at each stage. Most of the citizens living in the State of Orissa being, as they are, impoverished, illiterate and struggling with so many vicissitudes of life, they can't access the information with the help of the proposed Act, any more than what they could do earlier to its enactment, though information as such could be the most important tool to influence their day-to-day life and community development.

As is well known, the overwhelming majority of people of Orissa don't have either the time, resources or capacity to reach to the existing sources of information, and in the event of denial of information to them, pursue the appellate authorities, all of which are located in far-off and high-up positions, and functioning with complicated bureaucratic procedures hardly inaccessible by the common public. So the Draft Bill has to be recast completely keeping in view the utmost need for information, which the common public from village level upwards can access quickly and without procedural hassles from the public authorities that command information.

The second structural defect of the Draft Bill lies in the fact that it has not taken into account the need for reconciliation with the following relevant Statutes, Rules and Manuals existing at Central and State level, which, if not taken care of, might interfere with the operationalisation of the proposed Orissa RTI Act:

1. Central Statutes:
   
   
   • Section 3, 74-76 and 123-124 of the Indian Evidence Act 1872, where the expressions like Document, Public document, Right to inspection, Certified copies and Duty of public servants in relation to communications involving public interest etc.have been dealt with.
     
     
   • Sections 21, 167, 463, 464, 465, 466, 470, 471, 477(a) of Indian Penal Code 1860, which deal with expressions like Public servant framing an incorrect statement, Forgery, False document, Punishment for forgery etc.
     
     
   • The Information Technology Act, 2000 which deals with the admissibility of electronic records, digital signatures, storage and transmission of data in electronic form for electronic governance, and related obligations of public authorities, offences, penalties and adjudication etc..
     
     
2. State Rules and Manuals:
   
   
   • Rules of the High Court of Orissa,1948, Vol-1,
     
     Chapter -XX that deal with processing fees and cost,
     Chapter - XXI that deals with information and copies.
     Chapter -XXIII that deals with Inspection of Records and Registers
     Chapter- XXIV that deals with Facilities to be given to Press Reporters.
     
     
   • Rules of the High Court of Orissa, 1948, Vol-II, Order-XII that deals with Inspections and Search etc by a party to the case and also by a stranger to the case.
     
     
   • GRCO of the High Court of Judicature Orissa ( Civil) Vol- 1 Part-II ( Records) Chapter IV ( District Record Room) that deals with custody, removal and transmission of records and of documents contained therein, and Inspection of Records etc. , and Part III that deals with Rules Relating to Information, Copies and Copying Department.
     
     
   • Orissa Records Manual, 1964, Chapter-IX that with the Rules for the Supply of Information and Copies relating to papers and documents in public offices and for Inspection of such papers and documents.
     
     
   • Orissa Nizarat Manual,1962, Chapter -II, which provides inter alia for procedure of sale of revenue maps to the public.
3. The third structural defect of the Orissa Draft Bill was pointed out by Mr. Manamohan Praharaj, I.P.S, I.G Orissa Police who suggested the Draft Bill to update it's provisions in line with the Freedom of Information Acts in force in different parts of the world, and also in keeping with the latest standard information technologies ( which are incidentally cheaper too in addition to being more effective) used elsewhere throughout the world, so that it could be of any relevance to the people at large.
4. The Freedom of Information Bill, 2000 and Report of the Joint Parliamentary Committee in 2001 thereon, now pending in Parliament. This Bill once enacted shall exercise overriding effect over the provisions of the corresponding State Acts. The Orissa Draft Bill need to brought in conformity with the definitions of basic expressions, given the Central Draft Bill.
   
   It is therefore, recommended that the Draft Bill on Orissa Right to Information need be reformulated in regard to its various provisions or lack of necessary provisions, keeping in view ( 1) the prime interest of the poor and uninformed citizens of Orissa , (2) the need for its reconciliation with the relevant provisions of the existing Central and State Acts, Rules and Manuals along with the Freedom of Information Bill 2000, and (3 ) adoption of standard information technologies used at global level.