Recent
Events Held :
Report
of Seminar on “World Consumer” day held on 15th March
2005.
WORLD
CONSUMERS’ RIGHTS CELEBRATION - EXCERPTS
OF THE SEMINAR ON "RIGHT TO INFORMATION"
HELD ON 15.3.2005 AT IMC HALL
"Why
can’t all information be put on the internet instead of us
having to ask for it?" was the question posed
by former Chief Secretary V Ranganathan
at a Right to Information seminar held by the Council
for Fair Business Practices at the Indian Merchants’
on Tuesday.
Though
the right to information is a fundamental right that stems from
Article 19(1)(a) of the constitution, it was interpreted as such
for the first time only in 1998 by the supreme court, Mr. Ranganathan
said. It was then recognized that the freedom of speech is based
on the right to know, he added.
While
lauding the Maharashtra Right to Information
Act for its impact in changing governance in important
matters, such as police transfers and the pendency of files in Mantralaya,
Ranganathan also highlighted the flip side. Government apprehensions
concerning the act include a fear of being overburdened with applications
for information, sometimes dating back several years, and of the
possibility that an individual’s privacy will be violated,
he said. Ranganathan said that instead of applications to seek all
and any kind of information, a better alternative would be for public
institutions to develop a structure according to which people can
apply for information.
Advocate
Mr. S C Kothari, Partner,
Kanga & Co. said the act was a step in the right direction,
but he did not think that imposing penalties on a reluctant information
officer, as provided for under the act, is a sufficient deterrent.
As per England’s act, he pointed out, "the Queen’s
counsel has the right to imprison an official if he refuses to give
information".
Providing
an overview of the state act, Principal Secretary
Mr. Sandeep Bagchee said the only apparent
lacuna was the absence of a time limit for the first appellate authority
to dispose of an appeal by an applicant who has not got a just order
from the public information officer.
Listing
the hurdles in making the act foolproof, the general administration
officer said there was no complete list of competent authorities
and public information officers, no data on pending applications
and penalties imposed on information officers, and most seriously,
many public institutions had yet to comply with Section 4 of the
act which makes it mandatory for them to compile complete details
of their functions and structure.
Apart
from practical difficulities in implementing the act, there were
genuine constraints too, Bagchee asserted.” Government procedures
are complex. There are too many manuals and guidelines involved,”
he said.
MAHARASHTRA
RIGHT TO INFORMATION ACT 2002
What
is it?
Object
of the Act is to sub serve right to information of the citizens
of the country. Supreme Court has in no uncertain terms stated that
the right to information is part of the fundamental rights guaranteed
to the citizens under Article 19(1) of the Constitution of India.
The right to information is bed-rock of democracy and pave the way
for transparency, openness and accountability in governance of the
affairs of the State and ensure effective participation of the people
in a democratic society.
From
whom one can get information and on what subject?
All the public authorities are covered by the Act Public authority
would mean any authority or body established or constituted by the
Central or State -law and includes any other body owned and controlled
by the State or which receives any aid directly or indirectly by
the government and shall include the body whose composition and
administration are predominantly controlled by the government or
the functions of such body are of public nature or interest or on
which office bearers are appointed by government. Thus a public
authority would include State of Maharashtra, Municipal Corporation
for Greater Bombay, Mumbai Port Trust, MHADA, government run hospitals
tourist development corporation i.e. M. T. D. C. and all such other
organizations in which the government has control, interest or it
is run by the government or any public authority.
How
does it help?
Transparency, openness and accountability in governance
is the most important thing. A common man does not know how the
petrol pumps are allotted, how a plot of land reserved for public
purpose like garden, amusement park, hospital etc. all of a sudden
dereserved, how an honest officer working in any government department
is transferred and why. A common man can under the provisions of
the Act make an application to the Information Officer appointed
under a particular Act of the concerned department of the public
authority and get such information.
What
are the obligations of the public authority?
The obligations of public authorities are to maintain all its records
in such manner and form as is consistant with its operational requirements
duly catalogued and indexed. The record would include any documents,
manuscripts or file micro film etc.
What
are the exemptions?
The
right to information given to a common man is not an absolute right
and the information asked for can be denied if
(a)
It would prejudicially affect the sovereignty and integrity of India,
the security or 'interest of the State, relation with foreign State
or lead to incitement of an offence.
(b) If the matter is forbidden to the public by
any court of law or tribunal or the disclosure of which may constitute
contempt of court or if it amounts to breach of privilege of Parliament
or such legislation. The information is pertaining to a service
record of a person the same can be denied.
How
to apply?
Under the Provision of the Act Information Officers are appointed
and under section 6 read with the rules an application to the Information
Officer is to be made in a prescribed form with Rs.10/- court fees
stamp affixed on the same. It has to be handed over to the Information
Officer Under the provisions of the Act the Information Officer
has to give the photocopies of the documents and other material
asked for on payment of prescribed charges within 15 days from the
date of the receipt of the application. If it becomes necessary
for the Information Officer to take some more time for giving the
information he is bound inform the applicant and he can take 15
days more time to give the information. The Information Officer
can also reject the application but he must give reasons for such
rejection and should mention in the rejection order within what
time an appeal can be preferred and to whom. The Information Officer
can also reject the information if the information is already published
in the government gazette etc.
Can an Appeal lie from the order of rejection?
Yes, an appeal can be made within 30 days from the date of receipt
of such order to Lok Ayukta or Upalok Ayukta as the case may be
of the State. If Lok Ayukta or Upalok Ayukta also reject the same
then in that case a writ petition can be filed in the High Court.
Is
there any penalty for wrongful refusal?
Yes, if the Information Officer without any reasonable cause fails
to supply the information sought then the appellate authority may
in appeal impose a penalty of Rs.250/- for each day of delay in
furnishing the information after giving such Information Officer
a reasonable opportunity of being heard. If in appeal it is found
that public Information Officer has knowingly given incorrect or
misleading information or wrong or incomplete information the appellate
authority may impose penalty not exceeding Rs.2,000/- on the Information
Officer and the same will be deducted from his salary. In addition
thereto disciplinary action may be taken against the Information
Officer.
Courtesy
- Mr. S.C. Kothari, Partner,(Advocate) Kanga & Company
