IN LESS than a month, Right To Information activists will switch over to the new Right to Information Act, 2005, being fully enforced all over the country by the Government of India with effect from October 13. Will they gain or lose?
The National RTI Act is an improved version of the Maharashtra RTI Act but let us accept a few hard realities. Information is going to be more expensive. The cost of per page of copying will be much higher than the rate of 50 paise prevailing under the MRTI Act. The procedure for requisitioning information and filing appeals will be more confusing and complicated than we are used to in Maharashtra.
The requisitioner may be asked to route his requisition for information through an Assistant Public Information Officer — a new designation created under the national RTI Act — delaying the process thus by at least five days. The Public Information Officer may refer the requisition to a ‘third party’ and call for that party’s objection before releasing the information.
Path to information had never been smooth even under the Maharashtra RTI and it does not surely promise to be smoother under the National law. On the other hand, the requisitioner may face more roadblocks than he is encountering today.
Offsetting these handicaps, the requisitioner now will be in a position to demand information from the judicial administration on say number of pending cases and the legislature secretariat on the performance of your MLA. The MRTI did not have this provision.
The new Act will apply simultaneously to the central government and state government departments and agencies. The citizen therefore will be in a position to demand information from cantonment boards, apart from municipal corporations.
Given the additional hardships a requisitioner is expected to face under the National Act, it would be advisable to concentrate on the provision in the Act which makes it mandatory for government departments and agencies to pro-actively disseminate a lot of information without the citizens having to move a formal requisition.
Section 4 of the Act comprises a formidable list of 17 categories of information, which a public authority is mandated to disseminate within 120 days from the enactment of the Act — that is from Oct 13 when the Act becomes fully operational. (See box)
Authorities are inclined to take shelter under the provision that the voluntary dissemination of information is allowed to be subject to the ‘cost effectiveness’ so they may take their own time in preparing press releases and booklets.
What they forget is that the Act defines dissemination making known or communicating the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, and — this is most important — including inspection of offices of any public authority.
The last — inspection of offices of any public authority — in fact is extremely significant for citizens. One just has to ask for the inspection of documents, which are already in the files. The authorities do not have to make any effort in disseminating the information but merely allow the citizen an access to the file. This does not involve any cost.
Insist therefore on such inspection of documents in offices of public authorities under Section 4 of the Act. Remember, this does not need any formal requisition. But at the same time, confine yourself only to that information which has been listed under this Section. You can walk into an office and demand inspection of files containing this information. If you are denied permission, the authority has violated the provision of the Act.
Whom should you approach?
Remember again this is the information, which has to be voluntarily made available by the public authority and not its Public Information Officer (PIO). So you may approach the head of the establishment — the municipal commissioner in case of the municipal corporation. You need not approach the PIO.
The chief will either instruct the concerned department head to make the required files available to you for inspection and jotting down of notes, or he may place the entire material with one officer — maybe the Public Information Officer or the public relation officer or whoever and guide you to him. Yet, the responsibility of making the information available to you is solely that of the boss and not that of any sub-ordinate officer.
If you are asked to make a formal requisition under the RTI Act, show the officer a copy of the Act with extracts from Section 4. Tell him it is the information he is obliged to make available to the people without anyone asking for it.
Which information can be demanded for inspection on the spot?
Apart from routine information like ‘particulars of the organization, functions and duties’, Section 4 of the Act empowers you instantaneous access to a lot of information, which was so far withheld from citizens.
Read point 5 in the 17-point list of categories of information to be made available suo moto.
It mentions the rules, regulations, instructions, manuals and records, held by the public authority or under its control.
Please note, it mentions ‘instructions’ and ‘manuals’ which were held to the chest by authorities so far. You can now demand inspection of these documents across the table.
Item seven mentions information on boards, councils, committees, panels and so on. The public authority will have to clarify if the meetings of these bodies are accessible for public are to be held in camera. They will have to give information on the composition of these bodies including names of all members.
While item nine mentions a directory of the officers and employees of the public authority, item ten lays down that the monthly remuneration received by each of its officers and employees, including the system of compensation, will now be open to public scrutiny. You can now demand to know — on the spot, to keep emphasizing this aspect of pro-active dissemination, remuneration received by an officer in any given month. In fact, you can have a look at the entire pay sheet of the organization.
Point 11 covers budget allocated by the public authority to each of its agency, details of the plans, proposed expenditure on them and disbursement made. Vivek Velankar no longer will have to struggle for such information on road works through a formal requisition under the RTI Act. He can now demand it across the table.
Point 12 says that the ‘‘manner of execution’’ of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes and what is more, ‘‘details of the beneficiaries of such programmes’’ must be pro-actively disseminated. Employment Guarantee Scheme is a subsidy programme in rural areas. You will now be able to have a look at the muster roll and measurement book on demand.
Point 13 covers particulars of recipients of concessions, permits or authorisations granted by the public authority. Shivaji Raut from Satara had to go in second appeal right up to Lokayukta to get simple information like the names of recipients of permits for liquor shops in Satara district. Under the National Act now, he should ideally walk into the state excise office at Satara, demand to have a look at the file and note down details. Vijay Kumbhar made desperate efforts to get full details of properties leased out by the Pune Municipal Corporation to various persons for a variety of purposes. He could never get the full information. Now, he can demand it from the municipal commissioner himself as the information that he had been seeking clearly falls under the definition of ‘‘concessions, permits or authorisations’’ by the municipal corporation.
Sounds incredible? Perhaps. The provisions of the National RTI Act surely are incredible. Most officials will refuse to believe this when you approach them. Show them copies of the Act with the provision. If they refuse to comply, you can file a complaint with the respective chief information commissioner of the state or the central government and demand suitable action against the defaulting organization head.
The central chief commissioner enjoys the equivalence of the chief election commissioner of India — higher than the cabinet secretary — and the state chief information commissioner that of the election commissioner — higher than the chief secretary. Their orders are binding.
So all the best to you. The battle grounds is ahead.
Information that public authorities must pro-actively disseminate
Section 4 of the Right to Information Act, 2005
4. (1) Every public authority shall-
a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
b) publish within one hundred and twenty days from the enactment of this Act,-
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;
(xvii) such other information as may be prescribed; and thereafter update these publications every year;
c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;
d) provide reasons for its administrative or quasi-judicial decisions to affected persons.
(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.
Explanation.-For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.
pmkardaley@expressindia.com