In view of the on-going movement for right to information a state level consultation was hosted by CARE in collaboration with the Information & Public Relations Department., Government of Orissa on 10th and 11th of July at DRTC building.

The right of information as an issue has gained considerable momentum since 1996. More people are beginning to realize the need for access to information which has till now been in the exclusive domain of people at the helm of affairs. The idea of the right to information as a fundamental right has grown in strength through various judicial decisions given in the last few decades. In the recent past the court ruled that in the area of governmental information, in a democracy, government should be transparent and can claim secrecy in very few matters, which relate to the public.

As is evident, in the country the right to information has long received judicial recognition as a fundamental right forming part of the Right to Freedom of Speech and Expression and the Right to life and liberty. The right to know is also an essential pre-condition for realizing the fundamental right under article 14 of the law of the land- the right to equality. It stands to reason that in a decision making situation of larger social import, all stake-holders must have equal access to facts. A free flow of information would ensure transparency and in turn reduce arbitrariness. However, a law, creating systems for the access to information and inculcating a responsibility on public bodies to part with required information is still to see the light of the day. Control of information has led to marginalization of the vast majorities of the population who have been left out of the processes of governance and democracy.

States like Goa, Tamilnadu , Rajasthan, Maharashtra, Karnataka, Madhya Pradesh and the Union Territory of Delhi have already enacted legislations to effect access to information. In this perspective a right to information Act is more importantly required in Orissa, as there is obvious paucity of development and gross ignorance. Participatory democracy is not able to thrive because of inaccessibility to information. There is a growing conviction that people's access to public records and transparency in the governmental processes will definitely help in weeding out corruption and cleansing the administration. This process would ultimately prove beneficial both for the governed and the governing.

It is beyond any doubt that it is of paramount importance that comprehensive & early legislation is passed that guarantees the Right To Information. Such a law must secure for every citizen the enforceable right to question, examine, audit, review & assess government acts & decisions, to ensure that these are consistent with the principles of public interest, probity & justice. It must bring within its purview the judiciary & legislature, while making government responsible for supply of information related to the govt corporate sector & NGOs on demand. It must also contain powerful provisions for penalties & autonomous appeal mechanisms. Most importantly, the proposed legislation must make disclosure the rule & denial of information, the exception, restricted only to genuine considerations of national security & individual privacy, with highly significant proviso that no information can be denied to the citizen which cannot be denied to parliament & the legislatures. It would then truly be the most significant reform in public administration, legally empowering the citizen for the first time to enforce transparent & accountable governance.

A powerful answer has been found in the grassroots movement spearheaded by non-party political organizations. MKSS (Mazdoor Kisan Shakti Sangathan), which started its operation from a small village in Rajasthan is in the forefront of people's movement for the right to know. Through public hearings, cases of misappropriation and corruption of public funds are unearthed in front of several hundred people. It is in such situations that the pressure from people and fear of public humiliation humbles the village representatives.

The workshop was more of an informal discussion with right minded people from various organizations and government. The purpose was not to prepare an ideal draft but put forth a pragmatic legislation. In preparing the draft bill lot of inputs from Goa and Delhi legislation has been taken into account. The basic expectations from the consultation were-

• Experience sharing on RTI implementation in other states, especially in Rajasthan context and thereby add value to the draft bill
• Preparing a road map and setting up a specific time-line for the enactment and follow-ups
• To ensure that the act doesn't end up being counterproductive

Mr. Balakrishnan, IAS, Commissioner cum Secretary to GoO, I&PR Department while putting forth the expectations also said that the problem of corruption can be addressed effectively if people are equipped with the right kind of information. On the issues such as exemption clauses and competent authorities, view points of other government departments would soon be sought, he said.

The consultation went on for two days. On Day One, Basant Mohanty, State Director, CARE, gave the welcome address. The first session, Bharat Dogra, Convener, NCPRI (National Campaign for People's Right to Information) spoke broadly on the components and essential conditions of the draft bill. Joe Mediath, Executive Director, Gram Vikas cited examples from villages to elucidate RTI's contribution in transforming the lives of common man. Arvind of Parivartan, Delhi, further compounded on the non-negotiable features of the draft bill.

In the second session, Jugal Kishore Mohapatra, IAS, Commissioner cum Secy to GoO, Public Enterprises Dept. and Raicharan Dash, Former addl.Secy, Rev. Dept. (GoO) spoke on RTI and transparency in governance. Ashwini Vaishnaw, IAS, DM&Collector, Cuttack and Sanjita Das, OAS, BDO-Jagatsinghpur highlighted on certain field based problems in relation to the Act. Aurobinda Behera, Managing Director, Orissa State Disaster Mitigation Agency (OSDMA), spoke on means to ensure transparency.

In the post-lunch session, a short film by MKSS titled Hamara Paisa, Hamara Hisab which depicted the struggle and movement for accountability was filmed.

Sowmya, MKSS, shared experiences of jan sunwais (public hearings) in Rajasthan and later explained the mechanism of the public hearings in rural context. Arvind & Anand, Parivartan, spoke at large on the implications of RTI in an urban context. Soumyajit Patnaik, News Coordinator, Hindustan Times and Satakadi Hota, Editor, Samaya spoke of RTI in relation to media.

On Day Two, Santosh Satpathy, Addl. Secy to CM, GoO spoke on the salient aspects of the draft bill. Vijaya Misra of Action Aid narrated the social audit experience in Jhaniapalli GP of Bolangir. Sarbeswar Mohanty, Director, Information & Public Relation Department, spoke on the pros and cons of RTI. Lambodar Nayak, President, State Trade Union(CITU) and Chitta Behera, RTI activist focused on the implementation strategy of RTI. The vote of thanks was given by Ms Biraj Swain of Care Orissa.

In the post- lunch session, there was an intensive deliberation on the role of RTI in CARE programs. Basant Mohanty further elaborated on the need for transparency. Dipender focussed on right-based-approach. Mr. Dogra narrated his experiences in relation to Public Interest Litigation (PIL) on Right to Food and Work. Towards the end of the consultation workshop, another short film by MKSS titled 'Accounts and Accountability' was screened which spoke about the problems faced by villagers and corrupt practices indulged in by wardpanch and sarpanch.

Highlights of the workshop :

Bharat Dogra, convener NCPRI on RTI draft bill, Orissa:

It is highly essential to guard such legislation against the probability of non-functionalism. A legislation which is highly restrictive and includes many exemptions, defeats the very purpose. Instead of empowering people it gives the right in one hand and snatches away with another.

Mr. Dogra mentioned certain prerequisites for an effective legislation, which are as follows:

Suo moto disclosure of information: RTI implies a transparent and open form of governance. Therefore the government should make available on its own a lot of relevant information to people before they actually ask for it. For instance, departments can take the initiative of publishing annual reports providing all details of expenditure, major decisions taken and other important documents. These can be kept in the library where any interested person can avail the facts according to requirement. Suo moto disclosure of information is essential when it comes to project implementation in any area, important policy statements, decisions and programs. This reduces the government's burden in the long run. It also facilitates well-informed dialogue between the governed and the governing. For instance, in case of many controversial development projects it seems that people's protests come too late, usually after a lot of expenditure have been incurred. This is mainly because at an early stage people just don't have the information to foresee the adverse effects.

Penalty clause: There should be stronger penalties and imposition of fines for delay in providing information, especially where the information is denied deliberately. It should also take into account the protection of whistle blowers.

Appeal: When the concerned official refuses to part with information within the stipulated time frame, the information seeker should be accorded the right to appeal against this decision at an independent appellate authority.

Simple and cost effective method for obtaining information: Since the law is especially meant for weaker section it should lay down a simple and low cost procedure for information seekers. Obtaining an application to seek facts should not be cumbersome. Applications should be widely circulated. After submitting the form the concerned information seeker should be provided with the facts within the prescribed time limit. In matters concerning life and liberty information should be made available within 24 hours.

Apart from the above, maintenance of proper records will not only facilitate RTI implementation but also will ensure efficient functioning of the government. Along with this, government should take up extensive media coverage to make people aware of the enactment of RTI. RTI should become functional at gramsabha level to succeed in its spirit.

The RTI legislation should be extended to private bodies too. Corporations, NGOs and private hospitals should be a part of it. This would lead to further awareness and would definitely help in spreading consciousness in a particular surrounding. For example, the case of Bhopal Gas tragedy points out a serious lacunae in information flow. Had the residents been aware of the noxious gases stored in the plant, they could have moved out to a safer place on their own. Likewise, when it comes to developmental projects, affected people have the right to know about fund channelisation. After the legislation starts gaining momentum, an accountable and responsible media should uphold public interest and thereby strive to bring transparency in all sectors.

Appreciating the Orissa RTI draft bill, Mr. Dogra hinted that in the process of implementation there would be ample opportunities for widening the scope of the legislation.

RTI transforming the life of common man:

The tentacles of corruption have convoluted even a nascent democratic structure like PRI. This is the real concern as the poorest of poor suffers in the process. Joe Mediath highlighted several instances where corruption is distorted to make people believe it's legal. Problems faced by litigants, tribal dry wood gatherers paying fees to forest guards even sarpanch retaining 10% of IAY money, smacks of an unhealthy system. It's a pity that often the perpetrators of such injustice think it's their right to take bribe from the needy. In order to combat these evils the movement should start from the grassroots. Only a vibrant Panchayati Raj Institution (PRI) would lead to a participatory democracy.

Mr. Mediath came up with a fervent appeal for transparency campaign initiated by NGOS. In the true spirit of RTI non-governmental organizations should come forward, believe and exercise transparency thereby publicize their accounts, important documents and papers. It would lead to a climate where NGOs can take the lead and other sectors would follow.

Arvind suggested some relevant modification in the proposed draft bill. They are as follows:

• Clause 9 (b) of the draft bill which speaks of penalty provisions should mention a time limit as to when the disciplinary action would be taken. The fine should also be extended for furnishing irrelevant, incomplete information and for unjustified rejection of applications. The period of information denial should not be more than a fortnight and in any case shouldn't exceed 30 days.

• Clause 8(b) referring to suo moto disclosure should include a specific time period for regular dissemination of information. Clause 8(a) speaking of Competent Authority should mention the choice and selection of an influential authority as competent. He stressed on the need for The Competent authority to be the highest official, as it would help when information is sought about the functional district authorities like say Collector. If head clerks are given the responsibilities of competent authorities they are obviously not empowered enough to obtain information from the Collector. Therefore the Competent Authority should be the Collector in Collectorate, BDO in block office and likewise. This feature to be effective should be regular and not an enforced one. At present there is almost a complete lack of public interface with government, keeping this in view, there should be certain system building to promote the suo moto disclosure, so that the need for information is automatically reduced.

• Clause 7(d) which outlines the disposal of appeal should not contain the word 'endeavour' as it is prone to misuse.

• Clause 6-the procedure of disposal of request for information by the competent authority -should not be rigidly case oriented. In the selection of competent authority Delhi Act can be taken as a point of reference.

• Clause 5(b), second paragraph enumerating restrictions pertaining to papers containing advice, opinion, recommendations or minutes submitted to the Governor it is the right of citizens to know, therefore such documents can be made public after a decision has been taken . Too many exemptions suppress the very spirit of the Act and thereby it becomes redundant. So exemptions should be kept to the minimum.

• Clause 4(a), fourth paragraph should be omitted as it is in contradiction with the spirit of paragraph two.. Since the cost-effectiveness of the procedure is paramount, the photocopying charge should not be more than Re.1 per page and there should be no fee for application forms. 4(c) which refers to the language in which information should be provided to the seeker should clearly mention that it Oriya should be mandatory while supplying the information.

• Cause2(c), which defines 'information', is comprehensive. However, the bracketed line at the end which says "obligation on the part of privateof public funds" -needs to be omitted.

Arvind also reiterated the need for an autonomous body to enquire and examine the appeals under RTI. And under no circumstances the appellate authority should be the immediate authority of the errant official.

Session II

Jugal Kishore Mohapatra, informed that the Act will possibly be passed on the birth centenary of the great son of the soil Nabakrushna Choudhury, the illustrious leader who devoted his life for the cause of the common man.

Raicharan Das restated the importance of Oriya being a mandatory medium while discharging information. He further said that there should be no clause as such to withhold any information. RTI as an institution and a mechanism should descend down to the grassroots bodies like gram sabhas. He echoed the general notion that penalties for noncompliant officers should be stricter as departmental proceeding is no remedy. For RTI to have real teeth , other existent state codes dealing with information and general rules should reconcile with the Act.

Ashwini Vaishnaw laid emphasis on the implementation of the Act. In his view, Competent Authority should be as decentralized as possible. He expressed that the RTI legislation should be drafted in such a manner that as an Act it should be self-sufficient. No need for separate supporting rules should be felt in future. He further suggested that the provisos in the draft bill should be numbered and made into sections for convenient reference. He drew the attention of other panelists and participants to the reality that in remote places the availability of photocopying facilities are meager. Taking this into account he came up with an innovative solution of public-private partnership, whereby village level entrepreneurs could be promoted in the villages with the help of the government. Aspiring villagers could be encouraged to set up xerox and such facilities near government offices with help from govt. He further suggested that the role of the courts has to be categorized in the draft and HC as well as civil courts should come into the picture.

Aurobida Behera speaking on transparency expressed that political authorities should be made accountable upholding the spirit of the Act. At the same time he pointed out that government machinery should not be unduly harassed on the pretext of the Act. He recommended security deposits for citizens interested to inspect official documents. Govt. should act on and initiate free activities, media departments come up with activities like citizen's charter to promote the legislation, he suggested.

Session III

In the post lunch session Sowmya, narrated her experience from the field. MKSS, as is widely known has pioneered the call for the right to information from the lowest rung of the hierarchy of both governance and the citizenry-the neglected and poverty ridden villages of Rajasthan. In utilizing the RTI, it has evolved a novel method of holding local authorities accountable for the fraud perpetrated on the masses in the name of development. The siphoning of huge amounts of development money intended for developing infrastructure , has been brought into light by accessing information from government's own records and juxtaposing it with the physical reality on the ground. It has been simultaneously found that lakhs of rupees have been spent on paper in purchase of materials and in payment of wages for construction of invisible and non-existent works. The exposure of these documents to the common people who were supposed to be the beneficiaries has indeed started a campaign for accountability.

As Rajasthan doesn't have many options for livelihood, developmental works often are the only means of livelihood for most of the villagers. However, the rules were grossly violated at the field by officials in charge. So it all started with a movement against violation of minimum wage laws in rural employment works in the Bhim district. The prolonged struggle against such corruption set a precedent. The immediate fall-out could be seen in the neighbouring areas, where workers employed at construction sites started getting the legal minimum wage. This further helped to embark on the novel idea of Jan sunwais. Public hearings provides a good forum where representatives from various cross sections of the society including officials, media representatives, elected representatives and social activists can assess the shocking levels of deep rooted corruption.

Soumya narrated the Janawaad jan sunwai, where it was found out from the official documents that Rs. 1, 23,15,584 was spent for 141 development work over a period of six years. In reality it was established that there were 49 ghost works, 56 incomplete works and unnecessary expenditure was incurred on 20 such works. An embezzlement of Rs.31,72,037 was discovered, the officials involved were humiliated in public and eventually 13 of them actually agreed to pay back! This brings to light the gory details of corruption in one single panchayat. When projected to national levels the amount misappropriated runs into hundreds of crores. So keeping this in mind it is easy to compare and see where the priorities lie. When judged from this point of view, RTI basically stands for accountability and the survival of the common man.

Arvind and Anand of Parivartan, followed suit and discussed RTI in urban context. Arvind suggested that the gap between passing the legislation and its notification should be minimized to make it more effective. In Delhi there have been excellent breakthroughs in utilizing the Act to get individual grievances resolved. Problems of citizens revolving around day to day issues such as ration cards, electric bills and so on were resolved by requesting for status reports. (refer to case studies in annexure). Arvind highlighted on the necessity of a good communication strategy to make this Act wider in prospect.

Mr. Balakrishnan rightly pointed out that transparency is an essential prerequisite for the public officials to be efficient and to be able to deliver. As is said that defying all laws of gravity corruption money goes up. In order to cleanse the system, he reiterated the stance that information sharing with common mass will prove effective. In the course he cited examples from his own experience; the OSFC experiment particularly being an interesting one. After years of dormancy, categorization of loans, linear programming, linear and correspondence charts were used as tools to bring back efficient work culture in his regime. The system of acknowledging loan requests and complaint letters was also introduced.

He cited another instance, where the crisis in schools in Koraput District due to absence of teachers was resolved through concerted efforts by the village organization and government officials. He pointed out that Government officials should be capable of devising ways to deliver in most difficult circumstances. He mentioned that RTI movement is not something exotic or alien or a recent phenomenon. Isolated efforts to bridge the information gap has been visible over the years. Now the time has come to concretize and consolidate all such efforts in greater interest of the common man. People's need for information should be satiated by equipping them with relevant information. The pressure should build up at the grassroots to cleanse the system and in return public authorities should embrace the spirit with open arms without being bugged by stigmas attached to it. In the end, fear of being exposed in the public would humble corrupt officials and will motivate them to give up such practices. As a response to the law public officials should devise strategies to streamline practices as ultimately at stake are the people.

He further drew attention to the fact that due to the existing information gap functioning of 'information touts' has flourished in every activity and a parallel system of acquiring information has been able to spread its domain over the years. By the implementation of RTI, the activities of such 'info-intermediaries' could be curtailed to a large extent. The ultimate objective is to have an attitudinal change, a change in the mind set of people . To realize this commitment should run deep within.

Soumyajit Patnaik stressed on a broader institutional mechanism for implementation of the Act. While projecting the media view point he expressed that the time span should be minimized when it comes to information sharing by government with the media representatives. And the spirit of the Act is so that everyone should start thinking beyond inter-personal needs. Satakadi Hota augmented the standpoint

Mechanism of Public hearing:

It has been realized that public hearings are one of the most effective methods of fighting village level corruption. It's based on people's right to know and their access to official records such as muster rolls, bills, vouchers, etc. The fact that people themselves confront corrupt officials by extracting records, facts on the basis of a legal right results in a big leap towards empowerment. This is also very effective in combating the apathetic attitude of the common man towards governance at large. The major thrust of such jan sunwais is identifying corruption followed by efforts to restore the money siphoned so that it is used for actual welfare. For holding a social audit in rural surrounding, the requirements are as follows:

• Obtaining copies of financial sanction, technical sanction, administrative sanction, muster rolls, bills and vouchers in relation to the development works in the GP

• Consolidation of processing of the data; often help is sought from literate villagers , thereby increasing their participation.

• Frequent visits to the area where jan sunwai would be held. Promoting awareness through street plays, songs and other traditional media. In this context, Biraj Swain, CARE, raised a relevant doubt pertaining to the cost-effectiveness of such social audits. To which, Sowmya replied that to cut down on cost factor it is advisable for the moderators to stay back in the village and share food and shelter with the localities. It also helps building trust and results in greater success for the social audit.

Often over a cup of tea villagers open up and the moderator activist comes to know of the extent of oppression unleashed on poor. Soumya narrated a case where she shared the hut with a backward caste widow. There it was discovered that the sarpanch had cheated her of Rs.3000. Even after three years he was not willing to pay the amount which was rightfully due to her and her dead husband. The old lady kept a track of all the working days with the help of soot dots on the wall for three long years of her thatched hut, hoping that some day the sarpanch would pay. MKSS took up the case in the social audit and justice was delivered.

• On the day of the hearing ensure that a panel of 3 /4 people constituting representatives from government and media is there to witness the proceedings
• The social audit can also be used as a forum to read out BPL list, beneficiary list, on-going schemes and work done by gram sabha & palli sabhas

The experiment by MKSS started in Kot Kirana village way back in 1994. Since then there has been no looking back. Jan sunwais are not daunting and they tend to improve with practice. The trend catches up very fast in the neighboring villages as people can see the result on the spot. Organizing a social audit in urban context is yet to materialize but efforts are on by Parivartan Delhi, who despite reluctant officials has decided to go ahead with the experiment.

Santosh Satpathy, emphasized on a prescribed time limit in relation to handing over the required information. In relation to the suo moto aspect of the Act, he stated that government should be duty bound to disclose relevant information periodically. NGOs should also come into the purview of the Act. He suggested that instead of creating a new state council one of the existent council can be made to act as the deciding authority. He concluded by saying that such an Act would make the officials shed their general rudeness to common people while sharing information as there is the duty bound perspective too.

Vijaya Mishra followed suit to elaborate on the Jhaniapalli social audit experiment. It is first among the series of pilot social audit carried out by Action Aid, MKSS &MORD as a part of MORD projects across 14 states. In order to conduct social audit in Jhaniapalli, extensive environment building was carried out.. Through traditional media like, folk songs and street plays attempts were made to make people grasp the sole objective of social audit. Information was collected about all developmental activities in the GP over past three years by both government and non-governmental agencies. The district administration and the Ministry of Rural Development were very supportive of the proceeding.

The entire process was conducted before a large gathering. The public hearing yielded shocking revelations. There were fake muster rolls, ghost works and even requisition of non-existent tractors. Out of a total of Rs.20 lakh 'spent' on paper, Rs.11,40,000 was misappropriated! To the relief of everyone, the process of repayment has already started. The outcome of the social audit created a lot of pressure on officials and contributed largely towards the capacity building of the villagers.

Sarbeswar Mohanty broadly spoke on the pros and cons of the Act. Citing the instance of Jagatsinghpur district where about Rs. 300 crore has been sanctioned for IAY scheme he highlighted that, panchayat being the most powerful unit of a functional democracy, chances of embezzlement are very likely. However RTI as an Act would help in ensuring transparency at the grassroots. In another instance pertaining to Estate Abolition Act, he cited the relevant utilization of RTI. There is land which run into thousands of acres and has not been settled over the years due to the whims and caprices of the concerned Revenue Inspector. In this case, RTI as a tool would prove very effective. Also in the case of caste certificates and widow pension, the act would be beneficial in facilitating the process.

As is rightly pointed out , the Act is indeed a double edged sword. In a sense that on the pretext of the Act the official documents are prone to tampering and misuse at the hands of touts. Sarbeswar Mohanty came up with the suggestion that the existent jana sampark sibirs can evolve into a lager forum and conduct social audit in the process.

Speaking on the implementation of RTI, Lambodar Nayak, said that the gap between enactment and implementation needs to be bridged. Dedication of officials and public at large would help the Act to became a success. Following suit, Chitta Behera, outlined several means towards the successful implementation of the Act. Conducting district level workshops periodically to discuss the reach of the Act; inviting suggestions from public at large; well represented committee to document and screen the suggestions; district information centres and a special cell under the ambit of I & PR department will go a long way to ensure successful implementation of the Act , he concluded.

The real objective is to interpret the Act in imaginative and innovative ways as to extract the best possible outcome. With the passage of time it would help the people to assert their right over the natural resources in and around their villages which in turn, lead to sustainable livelihood.

Suggestions:

Certain valuable suggestions cropped up in the course of discussion which is enumerated below:

• Sruti Mohapatra, Vice President, DPI, India suggested that acknowledgement of applications sent to concerned authorities is highly essential

• Publication of Nagarik Adhikar Patras and wall paintings on panchayat and collectorate office would help to spread awareness on the issue. Traditional medium like Bhagwat Tungi would also prove useful on this front

• A whole lot of issues still don't find any mention in the Act, for instance inclusion of political parties in the scope. However, complicating the Act would result in delaying the actual enactment. The draft will serve the purpose of a preliminary document. After coming into effect it will eventually evolve in to a broadbased and comprehensive legislation incorporating people's view in the long run.

• Courts should be left out and would exercise jurisdiction only on writs

• Knowledge of issues like subsidy and pension should reach the public

• The penalties collected from the defaulting officer should be given as compensation to the aggrieved information seeker.

• Suggestions: Sanjita Das, BDO Jagatsinghpur raised an objection to the word 'inspection' in clause 3(a) and by consensus it was decided to replace the term as perusal.

• Implementation should not be confined to the I&PR Dept. only. Block and GP level dissemination centres to be worked out in such a manner that it is incidental to income generation. Institutional credit linkage system should be encouraged.

• There should one public official spokesperson or official spokesperson for every department for disclosure of information

• Filing appeals through registered post should be an option for the poor villagers who can't afford to visit offices in person and ask for information.

• State Council should constitute of representatives from all the sections of society

• The language of the Act should be simplified and the technicalities reduced even after translating it into Oriya so that common people are able to take the advantage of the Act.

• Internal vigilance in departments and public grievances mechanism should work in parallel coordination with RTI Act implementation

• Publishing the RTI draft bill in regional as well as English newspapers to invite suggestions. Evolving RTI web site and sourcing text and visuals. Media representatives should be made a part of the whole process.

• Conducting public meetings to find out the flaws in legislation; which would then go to State Councils for incorporation

• Info NGOs to create awareness; train officers, SHGs and anganwari workers which would in turn be treated as pre-identified launching pads.

• Good administration by enterprising officers should be recommended

• Number of appeals can be used as a basis to assess concerned officer's credibility

• Distribution of application forms at jana sampark sibirs. Such sibirs should also be utilized to announce people's rights. Showing political willingness by announcement in local haats, distribution of pamphlets, etc.

• Since it has been observed over the years that mission mode generally succeeds in context of Orissa, information mission should be launched with I & PR acting as the nodal body

• Media coverage of the on-going movement is vital

• In case of NGOs every individual should be treated as a stake holder and not a beneficiary.

Conclusion:

Divisive forces like party politics, unequal distribution of wealth are rampant because of varied reasons. Mad pursuit for power by the strong and the influential often results in colossal corruption. Spending the money budgeted and allocated being one of the parameters of efficiency for officials often results in an eagerness to show on record that the amount has actually been spent at the end of the year. This is simply achieved by falsifying receipts, vouchers and muster rolls on an enormous scale. Thousands of schools, dispensaries, roads, dams, community centres only exist on paper. There is a complete dearth of transparency and accountability at the local level where it counts the most. The need of the hour is not stronger laws, stricter punishment or more visits to the villages to supervise officials and look into account books not even recruiting more experts.

Till date poor villagers can't go up to the lowest government functionary and ask how much and for what purpose the money is being spent in their village. They lack the right to ask for information on developmental expenditure. In this context the decision of State Government to go ahead with Right to Information bill and a strong political will is indeed a welcome gesture. The bill as such is very progressive and going by the spirit of the law, transparent governance doesn't seem utopist. However, the right to information is only as good as the use to which it is put to.

Some other suggestions:

1. Section 3 (a): The word Inspecting can be replaced with perusal
2. About compensation for the aggrieved party which has been denied information, the appellate authority can award the penalty amount from the erring official to the aggrieved person as compensation till some proper mechanism is not carried out.

Reccomendations for the Orissa RTI Draft Bill:

Arvind Kejriwal of Parivartan Delhi has used RTI very innovatively to address not only issues of governance but also consumer grievance & other such areas affecting the common man. They had the following reccomendations on the RTI Draft for Orissa:

1. Suo Moto Clause(Sec 8): A clause relating to suo moto dissemination of information should be introduced on the lines of Section 4 (b) of Delhi Right to Information Act.

2. Exemptions (Sec 5) : The information relating to Governor's Constitutional function & Centre State relation should be made public. After final decision has been taken on the files. The information should be kept out of public scrutiny as presently proposed.

3. Penalty (Sc 9) : This Section in its present form is impractical from the point of view of implementation. It does not address concerns like who will initiate disciplinary proceedings, whether he will do this suo moto or on a complaint from the public, in how much time will the penalty be imposed etc. Draft Maharastra Bill provides an answer. It ststes that the issue of penalty will be provided by the appellate authority while hearing appeals, after giving an oppurtunity of being heard to the govt servant within 30 days. So, penalty will be imposed on the basis of the order of appellate authority. In addition disciplinary proceedings will also be initiated against the official under the conduct rules & the official will be punished in accordance with the conduct rules also.

   Another issue in penalty clause is that no penalty has been provided for giving false information, incomplete information, irrelevant information and unjusticiable rejection. For each of these guilts, there should be a penalty of Rs 2000 as provided in Draft Maharastra Act.

4. Appeal (Sec 7) :

   1. The higher authority with who the first appeal will lie should not be the direct boss of the competent authority. He should be some external authority.

   2. It is written that 'endeavour' should be made to decide appeal in 45 days. The word 'endeavour' should be removed. It should be provided that appeal should be decided within 30 days & not exceeding 45 days under any circumstances.

5. Low Fees:

   1. The third proviso to Sec 4 (a) should be removed. It is prone to misuse. How the applicant will finally use the information is of no significance to the govt.

   2. There should be no application fees for inspection of records or for filing an application. There should be only Re 1 per page photocopying charges for supplying information.

6. If the application is to be rejected, the rejection order should be passed within 7 days (and not 30 days) as mentioned in Sec 4 (b).

7. In some states an affidavit has to be filed to seek information. This should noot happen. There should be a very simple form prescribed to apply for seeking information.

8. The phrase within brackets in section 2 (c) should be removed.

9. The competent authority should be notified by the government & not individual organisations. The word organisation should be removed from Section 2 (a). The competent authority declared in any government department should be a sufficiently senior officer.