THE RIGHT TO INFORMATION ACT ( RTI) SIMPLIFIED
Goa was the first State to bring out its RTI, but most of those who tried to use this Act were stonewalled into frustration. With the help of Advocates/NGOs, we sent details of our experiences with suggestions to Consumer Education Research Center, Gujerat, who together with Common Cause, New Delhi were instrumental in getting the RTI Act and Rules passed by Parliament, and it became Law wef 12th October,2005. On October 13th,2005 a municipal official remarked" Now every person will become an MLA", as villagers the very next day,started using this Act. Poor persons shared success stories. For example written replies to misuse of schedule caste certificates were promptly received, each eligible ration card holder now received entitlements delivered at home, and although his question about non availability of ration under the Annapurna Scheme still lies unanswered, he quickly gets his denied one years supply of wheat. Goa previously exhibiting apparent will to empower the people, now appears to go very slow in implementing this Central Act, which ensures accountability of the Government as well as Individual functionaries. I understand we have only just recently appointed a Public Information Officer (PIO). Note the RTI overrides The Official Secrets Act, 1923 where public interest in disclosure outweighs the harm to protected interests! Also there are certain exemptions specified, like if it affects the sovereignty,security or economic interest of the State etc. Here too " Notwithstanding any of the exemptions listed, a public authority may allow access to information, "IF PUBLIC INTEREST IN DISCLOSURE OUTWEIGHS THE HARM TO THE PROTECTED INTERESTS".There is a penalty of Rs250 from the PIOs personal salary till the time he gives the information upto a limit of Rs 25,000/. Further, no Courts shall entertain any suit, application or other proceedings in respect of any order made under this Act, and no such order shall be called in question, other than by way of an appeal under this Act! No personal reason has to be given for any information requested. Payment of fees is nominal and waived off in certain circumstances. If not satisfied or information denied, there is easy procedure for appeal. Also, you can approach the Department directly ,anytime during working hours and demand information/file. No cost for first half hour, subsequently Rs20/ for every half an hour. If denied on grounds PIO not available, demand to inspect file from head of department/establishment as information has to be made available voluntarily by public authority and not only its PIO. With this Act, the public has the ammunition to do a "Rang de Basanti." in the corridors of power. RTI SIMPLIFIED So far, transparency was held hostage to red tape. Now it is mandatory for public authority to disseminate information proactively. Information means any material in any form, including records, documents, memos, E-mails, opinions, advice, press releases, circulars, orders, logbooks, Contracts, reports, papers, samples, models, data material held in any electronic form, and information relating to any private body which can be accessed by public authority under any other law in force. Already the aghast government employees are trying to exclude file notings from the purview of the Act. For honest officers, this can be their only defense in inquiries. However,the modification made wef 1/12/05 are" substantive file notings on plans, schemes, programmes, and projects of government and social issues may be disclosed" but notings regarding "identifiable individuals, group of organisations, appointment matters relating to inquiries and departmental proceedings shall not be disclosed" 10 Steps to File Request 1.Form A is the official format. This can be obtained from Government offices/downloaded from the internet( http://www.maharashtra.gov.in/pdf/ RTIcontc.pdf) The government has made it mandatory for all departments to create their own websites, which have to contain proactive information and list of designated officers under RTI. We should better the Gujarat government site which on www.google.com by typing "government of Gujarat" brings hundreds of pages of official government websites. (Non availability of PIO or Form A is no excuse to deny Information, which maybe written on plain paper or even demanded orally) 2. Application to be accompanied by Demand Draft, non judicial stamp paper, or pay order of amount fixed by each State. Maybe by cash where facility of cash receipts made available. 3.If application through E-media, fees to be paid within 7 days , or application is void. (NB. BPL applicants need certificate from concerned authority) 4. Be specific and to the point for information required. You can ask information on government activity, on suspected corruption, reasons for certain decisions, suggest improvements, inspect works, documents, records, take certified samples of material, video cassettes or any other electronic mode information available with the department. 5. There maybe several PIOs to a department. Multiple and unrelated queries may delay process. No such problems in Goa, as I recently saw on Goa 365 , only one PIO to be designated. 6. For different Departments,different applications. 7.Need not give any reasons, or any personal details for requesting information except those necessary for contacting the PIO. 8.For downloaded format, summary in given space and elaborate on them in separate pages 9. In case you have applied to the wrong department, YOUR APPLICATION WILL BE TRANSFERRED TO THE CONCERNED DEPARTMENT WITHIN FIVE DAYS AND YOU WILL BE INFORMED ABOUT THE TRANSFER. 10.Within 30 days you will receive the information or refusal from the PIO . APPLICATION COSTS For Gujarat, West Bengal, Tamil Nadu it is Rs20/-, for Delhi, Maharashtra it is Rs10/-. If information you seek is in the printed publication of the department, actual price. Rs2/- for photocopies of A4,A3 size and actual cost for larger sizes. For info in floppy /Discs Rs50/- per disc/floppy. Note that the Act also provides refund if information given does not pertain to your requirement and you have to go on appeal! GROUNDS FOR REFUSAL Apart from listed exemptions, a PIO may reject request if it is too general in nature(in which case he has to help you reframe your request to enable compliance), if volume of information required involves unreasonable diversion of resources and would adversely affect/interfere with functioning of the department/authority, relates to published or to be published material within 30 days, relates to unwarranted invasion of privacy of a person,or infringes on copyright of any person other than the State. APPEAL In case you fail to get a response within 30 days or are aggrieved with response received, appeal in Form G(available with all departments).NO MONEY TO BE PAID FOR APPEAL. You can appeal on plain paper with name, address, ID number given to application, department name and address of PIO, Particulars with details how many days passed, reasons for appeal. There are Departmental/State Information Commissioners, Central Information Commissioner details available with PIO/government web sites. In brief, not satisfied with PIO, each within 30 days first appellate authority same department head, still not satisfied 2nd appellate authority State Information(SIC), then Central Information Commission(CIC), Block 4, 5th Floor old JNU campus,New Delhi 110067. CONCLUSION This Act is certainly not perfect, specially with our bureaucracy expertise in giving people the run around. There are many loopholes to plug, implementation machinery to be effectively put in place, with effective enforcement and penalty provisions to be strictly invoked. However, this is a major legislation in the hands of the people to make the government transparent and accountable. If villagers in North India can effectively use it, surely people in highly literate Goa can do better. [Source Publications by : CERC,Ahmedabad; Common Cause,New Delhi] -- ---------------------------------------------------------- Frederick 'FN' Noronha | Yahoomessenger: fredericknoronha http://fn.goa-india.org | +91(832)2409490 Cell 9822122436 ---------------------------------------------------------- 2248 copylefted photos from Goa: http://www.flickr.com/photos/fn-goa/ _______________________________________________ Goanet mailing list [email protected] http://lists.goanet.org/listinfo.cgi/goanet-goanet.org
