(Presented in the State Level Consultation on Right To Information organized at DRTC-CYSD, Bhubaneswar by CARE, Orissa on 10-11 June, 2002)

What the author comments here is not a result of any scholastic exercise, but born out of his involvement in nearly 30 events of inter-facing with cross sections of public across the State of Orissa during last one and half years, on this very issue of Right to Information.

It should be little more explanatory, so as to clear all confusions from the mind of the people. Like the Karnataka Right to Information Act, 2002, it should read as follows;

          An Act to provide for right of access to information to the citizens in the State of Orissa about the affairs of the State and public authorities and matters connected therewith or incidental thereto;

          Whereas, right to Government held information is accepted by the Supreme Court as a part of right to speech and expression guaranteed to citizens in the Constitution,

          And whereas providing right of access to information to the citizens promotes openness, transparency and accountability in administration and ensures effective participation of people in governance and thus renders democracy meaningful,

          And whereas it is expedient to provide for right of access of information to the citizens in the State and in matters related therewith or incidental thereto and for the purpose hereinafter appearing;

Be it enacted by the Orissa Legislative Assembly in the fifty third year of the Republic of India as follows:    

Section 1: Short title and Commencement:       No comment.

Section 2: Definitions:

      (a) The Competent Authority: The provision made in the Draft Bill does not define it, rather it leaves the discretion the Government to notify them from time to time for the purpose of this Act. Perhaps the author(s) of the Orissa Draft Bill had the Goa Right to Information Act 1997 in mind, while using the expression 'competent authority'. But the relevant provision of the Goa Act referred to the Appendix containing a detail list of the 113 Departments and Offices deemed as competent authorities. Otherwise, the author(s) of the Orissa Draft Bill might have had Taminadu Right to Information Act 1997 in mind while using the similar expression. The Tamilnadu Act promised to notify the 'competent authorities', but till date no notification has been made and the Act remains a defunct, rather counterproductive legislation.

It is suggested that the sentence bearing the definition, rather lack of definition of Competent Authority should be scraped, and in its place the expression 'Public Authority' ( as used by Karnataka Act ) and its broad definition should be there as follows:

Public Authority: All Departments and Offices of the State Government, Local Self-Government Bodies, Statutory Authorities or any other authorities constituted under any enactment of the State Government, Administrative Offices of the Courts, Tribunals and Quasi-judicial bodies, funded out of State Exchequer, any Political Party working in the State and registered with Election Commission, any Company, Trust, Society or Cooperative Society or any other private organization of Indian or foreign origin working in the State of Orissa and funded or controlled under some legislation by the State Government, or any individual or group executing any public work on behalf of the Government ( obligation on the part of private bodies/organizations to be limited to supply of information relating to utilization of public funds only).

      (b) Government: No comment.

      (c) Information: The provision in the Orissa Draft Bill, in stead of defining what is 'information', has repeated the list of 'competent authorities' only. It should read as follows :

"It means any material or information relating to the affairs ( plan, proceeding, decision, or action) of the Public Authorities, which may include on-the-spot verification of an office or its record room, interview with the concerned personnel, complete or partial copy of a file, that of muster roll and accounts, complete or partial copy of and notes on the relevant correspondence and telephonic conversation, complete or partial copy of a video cassette, computer floppy, CD ROM, or any other medium in which information is stored or samples of material used in any production or construction activity, as desired by the information seeker" in addition to the existing provision of certified copies."

      (d) Right to Information: At this stage it should simply say as follows; "Right of a person to access information as defined above under Section 2 Sub-section(c)

Section 3. Right to Information: It should read as follows:

Subject to the provisions of this Act, every person in the State shall have right to obtain information from the public authorities by way of :

1. inspecting their records and files, taking handwritten notes and extracts or photocopies thereof,
2. Obtaining complete or partial print-out, copy of a computer floppy, CD ROM, Cassette, or any electronic device storing the information,
3. Obtaining a Photo, a map or any special kind of document,
4. Visit to the concerned site and taking samples of construction or other related materials used, and interview with the concerned personnel related to the information sought, or
5. In such other manner as may be felt necessary by the Applicant for Information.

Section 4. Procedure for Supply of Information: It should read as follows ( Additions and Replacements are Italicised):

(a) A person desirous of obtaining information shall make an application before the concerned Public Authority either in person, or post or through authorized messenger in writing in the prescribed form along with payment of the prescribed fee, and shall obtain a receipt for the same from the Public Authority, who shall specify the nature of the information sought and the date of disposing of the same.

Provided that where a person can not, for valid reasons, make a request in writing, the Public Authority may either accept an oral request which may subsequently be reduced in writing in the presence of the applicant, or render reasonable assistance to such person in making a written application.

Provided further, that the fee to be charged shall in no case exceed the cost of photocopying of the requested information or the cost of the diskette, cassette or any other device, as the case may be.

( Note : the proviso kept under this Section of the Orissa Draft Bill concerning the determination of the fee to be charged depending upon the nature of request for information ( common use or commercial use) shall give rise to discrimination and corruption under the existing conditions and should therefore be scraped)

(b) Upon receipt of an application requesting for information, the Public Authority shall consider it and furnish the information required by the applicant or pass orders thereon refusing the request along with giving reasons of such refusal, as soon as practicable, and in any case, within thirty working days from the date of receipt of the application;
Provided that where such information relates to the life or liberty of an individual, the Public Authority shall either furnish information or pass order refusing the request along with reasons of refusal within 24 hours(c ) All information shall be preferably supplied in writing in the Official Language of the State ( Oriya), failing which it may be supplied either in English or Hindi ( Official Languages of the Nation).

Section 5. Restrictions on Right to Information -

The Public Authority may, for reasons recorded in writing, withhold -

1. It should read as follows:
   " Information, the disclosure of the contents of which will prejudicially affect the sovereignty and integrity of India, International relations, ongoing investigation of an offence or ongoing adjudication of a case in the court of law".
2. No comment.
   However, the next para saying, "Papers containing advice, opinionauthorities" need be scraped, since it is a sweeping provision, likely to be abused by the vested interests in the executive machinery.
3. No comment.
4. No comment.
5. No comment.

The next para which reads "Provided that information which can not be denied to the State Legislature shall not be denied to any person" is the general test, to which all the above restrictions are subject.

Section 6 : Procedure of Disposal of Request for Information by the Public Authority:
No comment.

Section 7: Appeals:

1. No comment
2. The provision for Second appeal to Lokpal should be scraped. Since the institution of Lokpal is not functioning properly. There is no single instance of Lokpal punishing any official or politician for the violations of law they commit. The Appeal to Lokpal would only delay the process of disposal of request for application.
   In stead this provision should read as follows: "Any person aggrieved by an order of the Public Authority or his superior authority, or any person who has not received any order from the concerned Public Authority within 30 days from the date of his Application, may appeal to the State Administrative Tribunal, Orissa constituted under the Government against the order so passed or non-passing of any order."
3. No comment.
4. The provision sounds very much subjective and ambiguous with use of words like " endeavour shall be made..". It should be replaced by
   " Every appeal shall be disposed of as expeditiously as possible and in no case exceeding 30 working days from the date of appeal."

1. No comment.
2. The expression, 'Government of Orissa may from time to time notify.' is subjective and ambiguous , and therefore need be scraped.
   It should read as follows,
   " Every Public Authority, before sanctioning or initiating any project, scheme or programme suo moto shall publish or communicate to the public generally, and in particular to the persons affected, or likely to be affected by the said project, scheme or activity about all facts including the possible benefit or loss likely to emanate from the proposed project, scheme or programme of the Government."
3. The following sub-section need be added in Orissa's specific context: "Every Public Authority shall be under a duty suo moto to proactively publish and announce the information in all possible mass media for forewarning in sufficient advance of the possible occurrence of a natural or man-made disaster, and the state of disaster preparedness at State, District, Block and Municipal/NAC level, and shall infonn the public in similar manner on the the damage caused by such disaster at different levels including the village level, and the day-to-day progress made in the Governmental and non-Governmental efforts for rescue, relief and rehabilitation of the people affected by the disaster."
4. The following sub-section need be added:
   "Every Public Authority, wherever applicable, suo moto shall publish information relating to the life, liberty and human rights, in particular of persons in custodial institutions, on day-to-day basis at such intervals and frequency as may be prescribed."

Section 9: Penalties

1. It should read as follows:
   "Any Public Authority responsible for providing any information under this Act shall be personally liable for furnishing or withholding the information within the period specified."
2. It should read as follows:
   "Where a Public Authority responsible to supply information fails to furnish the information asked for under this Act within the time specified, or willfully furnishes any information which is false in material particulars, he shall be liable, after such inquiry as may be necessary to be conducted by the State Vigilance Commission, for imposition of such penalties as may be determined by the State Administrative Tribunal/Central Administrative Tribunal. In addition, the disciplinary authority shall order him to pay a fine of Rs.200/- for every day's delay following the deadline within which the information was required to be supplied."

Section 10: Compensation: This new Section shall be added and read as follows:

1. Where a Public Authority fails to respond to an Application for Information within the stipulated deadline, the Applicant concerned is eligible for receiving a compensation to the tune of Rs.100/- against every day's delay from the Department or Office of the Public Authority concerned.
2. Where a Public Authority willfully refuses the disclosure of information or serves wrongful information in response to the application for information, the concerned Applicant is eligible for receiving from the concerned public authority or his higher authority as the case may be, an amount of compensation to be determined by the appellate authority on adjudication.

Section 10: State Council for Right to Information:

1. No comment.
   This para shall be added to the first para.
   "The Council shall remain free from administrative control by any Department of the Government except the finance necessary for setting up and maintaining the said Council to be borne by the Government of Orissa in the Department of General Administration. The Council shall directly report once half-yearly to the Governor of Orissa and Orissa Legislative Assembly and remain accountable to them about its activities."
2. It should read as follows:
   The State Council for Right to Information may consist of the following members-
   1. A Retired Judge of Orissa High Court shall be its Chairman;
   2. The Secretary to Government in the Department of General Administration shall be its ex-officio Secretary
   3. Official Members not exceeding four (3 RDCs and Secretary to Government in the Information and Public Relations Department;
   4. Two MLAs to be nominated by the Speaker;
   5. Non-Official Members not exceeding four representing Press, Electronic Media, Industry and Non-Government Organisations.
      Provided that at least one from among the above list of members should be a woman.
3. No comment.
4. No comment.
   Regarding the specific functions of the Council, it should read as follows:
   1. The Council shall advise the Government for abolishing or amending, as the case may be the very pre-existing Acts or Rules the provisions of which are inconsistent with the Orissa Right to Information Act
   2. The Council shall frame the Rules for the State as a whole and amend them as and when necessary for proper enforcement of the Orissa Right to Information Act.
   3. The Council shall ensure the compliance by the various Departments and agencies of the Government in the matter of framing their respective Rules for enforcement of the Act.
   4. The Council shall review the over all administrative infrastructure and procedures operating for the purpose of the Act and advise the Government for effecting necessary reforms therein from the viewpoint of gradual expanding of the scope of public acess to official information
   5. The Council on periodical review of the functioning of the Act may suggest to the Cabinet of Ministers and Orissa Legislative Assembly suitable amendment to the Act as and when necessary.
   6. The Council shall promote sustained research and studies on the application of latest information technology for expanding, verifying, indexing, classifying,' cataloguing, and storing the information pool so as to secure to the citizens the fullest and quickest possible access to official information.
   7. The Council shall advise the Government for undertaking suitable phase-wise programmes for training, skill development and orientation of the Competent Authorities and ()ther employees of the Government in respect of management and dissemination of official information, which is essential for ushering in a culture of openness and transparency in public life.

Section 12: An Act to have over-riding effect - No comment.