Monday, January 15, 2018

उत्तरप्रदेश राज्य सूचना आयोग के विकेन्द्रीयकरण के सम्बन्ध में -आर.टी. आई कॉउन्सिल ऑफ यू.पी. के संरक्षक बिमल कुमार खेमानी ने सरकार को लिखा पत्र

दिनांक : १५ जनवरी २०१८
श्री आदित्यनाथ योगी जी ,
मुख्य मंत्री , उत्तरप्रदेश शासन , लखनऊ
       विषय : उत्तरप्रदेश राज्य सूचना आयोग के विकेन्द्रीयकरण  के सम्बन्ध में
मान्यवर ,
सरकारी तन्त्र के कार्यकलापो में पारदर्शिता लाने के उद्देश्य से प्रचलन आया सूचना अधिकार अधिनियम २००५ काफी हद तक सफल रहा है किन्तु आफिसियल सीक्रेसी एक्ट के सुरक्षा कवच की यादो को कुछ अधिकारी अभी भी संजो कर रखना चाहते है और अवसर मिलने पर इस कानून की महत्त्वपूर्ण धाराओ को कुन्द करने की हर चेष्टा करते रहते है जिससे अनेको भ्रष्टाचार के मामले  उजागर न हो I विभागीय अधिकारी , नामित जन सूचना अधिकारी या प्रथम अपीलीय अधिकारी सूचनाओं को दबाने की
हर सम्भव चेष्टा करते रहते है I
इन हालातो में राज्य सूचना आयोग की भूमिका अत्यंत महत्त्वपूर्ण हो जाती है I किन्तु वहाँ भी एक तरह से आवेदकों की इच्छा शक्ति की परीक्षा लेने का ही काम होता है और सुनवाई के लिए दीवानी न्यायालयों की तर्ज पर तारीख पर तारीख पड़ती रहती है I किसी वजह से यदि आवेदनकर्ता तारीख पर हाजिर नहीं होता है तब उसकी अपील , अपील में दिए गए तथ्यों एवम गुण दोष के आधार पर निर्णय
करते हुवे , विभागों के पक्ष में बिना  सूचना प्रदान करवाए ही प्रायः खारिज कर दी जाती है I
महोदय , केन्द्रीय सूचना आयोग में सभी सुनवाई वीडियो कांफ्रेंस के जरिये की जाती है जिससे सभी के समय और पैसे बच जाते है वहीँ महाराष्ट्र जैसे राज्य ने अपने यहाँ सूचना आयोग की अनेको  पीठे बना
रखी है जिससे आवेदक हो या सरकारी अधिकारी सुबह निकलकर शाम को अपने घर वापस आ सकते है
टेक्नालाजी के इस युग में भारत सरकार ने सभी जिलो के मुख्यालयों में NIC के केंद्र और स्टूडियो स्थापित कर रखे है जिनका उपयोग उत्तरप्रदेश राज्य सुचना आयोग में भी प्रारम्भ करवाकर जनता को राहत प्रदान करने के साथ साथ सरकारी कोष एवम अधिकारियों के समय में भी बचत हो सकती है I वैकल्पिक व्यवस्था के तौर पर माह में एक बार सुनवाई हेतु राज्य सूचना आयोग के आयुक्त मण्डल
स्तर पर उस मण्डल की सुनवाई हेतु आ सकते है I
आशा है वृहत्तर जनहित में आप किसी एक विकल्प पर विचार कर आवश्यक आदेश पारित करने की कृपा करेंगे I
धन्यवाद सहित
भवदीय

बिमल कुमार खेमानी , संरक्षक *** ई विक्रम सिंह , अध्यक्ष






BIMAL KUMAR KHEMANI,
TRAP group of RTI activists
 ALIGARH (U.P.)
 Mob: 094122 24625  ,  093597 24625
******************************************
Officially Certified A Grade by DoPT
*****************************************

Saturday, January 13, 2018

Explain delay in transferring RTI applications

Latest Order Passed By Chief Information Commissioner RK Mathur has directed the Prime Minister's Office to explain the delay in transferring RTI applications to departments concerned matters relating to the appointment of information commissioners, proposed RTI rules, among others.
According to the Right to Information Act, when an application is made to a public authority requesting for an information -- which is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority, the application is transferred.

"Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application," Section 6(3) of the RTI Act states.

The orders came on petitions of Commodore Lokesh Batra (retd), who had sought to know the details of the file notings related to the appointment of information commissioners, proposed RTI rules, 2017 and a travel bill of the Prime Minister through his four RTI applications.

 यह एक व्यापक रूप से मान्यता प्राप्त तथ्य है कि सुशासन के लिए पारदर्शिता और खुलेपन महत्वपूर्ण पूर्व-आवश्यकताएं हैं। आरटीआई कानून एक हकदार रहा है, जिसने हमारे देश में शासन के मुक्त और खुले व्यवस्था का इरादा रख लिया है। सरकार के कामकाज में सुधार के लिए अधिनियम के कई उपयोग इतने विशाल हैं कि वे गणन को चुनौती देते हैं। आरटीआई कानून के कार्यान्वयन को सरकार की मंशा के रूप में देखा जाता है, जो खुद को जांच करने के लिए खुले रखता है, और इसलिए जवाबदेही। आरटीआई अधिनियम - सूचना आयोग - के तहत अभियोजकों का प्रभावी कार्य देश में पारदर्शिता व्यवस्था के स्वास्थ्य के लिए महत्वपूर्ण है। इसलिए यह गंभीर चिंता का मामला है कि भारत के केंद्रीय सूचना आयोग में मुख्य सूचना आयुक्त का पद 22 अगस्त 2014 से खाली पड़ा है। यह 2005 में केंद्रीय सूचना आयोग के गठन के बाद पहली बार है, कि आयोग निर्बाध है
  

Saturday, September 28, 2013

उत्तरप्रदेश राज्य सूचना आयोग में ८ सूचना आयुक्त की नियुक्ति की संशोधित विज्ञप्ति जारी-२४ सितम्बर २०१३


 साथियों ,
जैसा की सभी को पूर्व विदित है कि उत्तरप्रदेश राज्य सूचना आयोग में ८ सूचना आयुक्त की नियुक्ति प्रक्रिया 14 अगस्त को शुरू  हुई थी ( पत्रांक संख्या - उत्तर प्रदेश शासन , प्रशासनिक सुधार अनुभाग-२, संख्या -170/43-2-2013/15/2(3)2006/TC-V जिसमें शासन की तरफ से कुछ प्रशंसनीय संसोधन कर २४ सितम्बर २०१३ को फिर से संशोधित विज्ञप्ति जारी पत्रांक संख्या - उत्तर प्रदेश शासन , प्रशासनिक सुधार अनुभाग-२, संख्या -170/43-2-2013/15/2(3)2006/टीसी-6 जारी किया गया है.
अब इस संशोधित नियमवाली के अनुसार कोई भी सूचना आयुक्त पद धारण करने के पूर्व जो भी लाभ का पद / क़ारोबार कर रहे हैं उनको छोड़ना या बन्द करना होगा. निःसंदेह सरकार का यह कदम पारदर्शिता के मानकों के अनुरूप प्रतीत हो रहा है.





Thursday, September 5, 2013

उत्तर प्रदेश में सूचना आयुक्तों के चयन के लिए बनी स्क्रीनिग कमेटी

उत्तर प्रदेश में रिक्त पदों पे गत 14 अगस्त को जारी सूचना के समय सीमा पूरा होने के साथ प्रमुख सचिव "प्रशासनिक सुधार " की अध्यक्षता  में सूचना आयुक्तों के चयन के लिए बनी स्क्रीनिग कमेटी.

आर.टी.आई. काउंसिल के कन्वेनर आलोक कुमार सिंह ने प्रशासनिक सुधार के प्रमुख सचिव से अनुरोध किया है की सूचना आयुक्तों के लिए प्राप्त आवेदनों में से सही पाए गए आवेदनों को प्रशासनिक सुधार की वेब साईट पे डाला जाय , जिससे आयुक्तों के चयन में पारदर्शिता बनी रहे.

Sunday, September 1, 2013

“Eight years of RTI: A Retrospective”.

Shri Pranab Mukherjee, President of India will inaugurate the 8th Annual Convention of Central Information Commission at New Delhi tomorrow. This year the theme of the convention is “Eight years of RTI: A Retrospective”.

The two day convention has three technical sessions on RTI and inclusive growth, RTI-an anti-corruption tool and Media and RTI with eminent panellists like Prof. Abhijit sen, Member Planning Commission, Shri Harsh Mander, Shri J.M.Lyngdoh, Shri Subash C. Agrawal, Shri Siddharth Varadarajan, Editor-in-Chief, The Hindu, Dr. O.P. Kejariwal, Shri R.K.Keswani, Former Editor Dainik Bhasakar, Ms. Sonia Singh, Editorial Director, NDTV, Smt. Deepak Sandhu, Information Commissioner taking part in these sessions.

http://pib.nic.in/newsite/erelease.aspx?relid=99028

Union Minister of State for Personnel, Public Grievances and Pensions Shri V. Narayanasamy will also address the convention Shri Ramachandra Guha, noted historian and columnist will deliver the keynote address on Democracy in India: Mid-life Crisis. Shri Omar Abdullah, Chief Minister, Jammu & Kashmir will deliver the valedictory address on Sep. 03, 2013.

For the first time, the convention will discuss the causal relationship between the inclusive economic growth and RTI, if any. Various views regarding the assertion that an effective access to information regime can be a vital tool in promoting more participatory development will be discussed. The other panels will deliberate on how to make RTI more effective for the containment of corruption. Panelists will share their experiences on using RTI and curbing of corruption. The panel on media and RTI will discuss the role of media in the governance process by catalyzing effective implementation of the Act, providing information to the citizens and building awareness of the Act while giving a voice to the citizens and acting as a watchdog on behalf of the citizens.

Tuesday, August 20, 2013

अब उम्मीद है फ़ाइल गायब नहीं होंगी

अब उम्मीद है फ़ाइल गायब नहीं होंगी ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
आज जिस तरह संसद के दोनों सदनों में कोयला आवंटन पे रस्सा-कस्सी चल रही थी उम्मीद है इस वेब-पोर्टल के सुचारू रूप से कार्य करने के उपरान्त ऐसी घटनाएँ शयद नहीं होंगी.....


Shri V Narayanasamy, Minister of State for Personnel, Public Grievances and Pensions and Prime Minister’s Office to launch the RTI online Web Portal for all central Ministries.


Date : August 21, 2013 (Wednesday)

Time : 1600 hrs.

Venue : Civil Services Officers’ Institute (CSOI), Kasturba Gandhi Marg, New Delhi.

http://pib.nic.in/newsite/mbinvitationdisp.aspx?relid=98392

Friday, August 16, 2013

उत्तरप्रदेश राज्य सूचना आयोग में ८ सूचना आयुक्त की नियुक्ति प्रक्रिया शुरू

 उत्तरप्रदेश राज्य सूचना आयोग में ८ सूचना आयुक्त की नियुक्ति प्रक्रिया शुरू ,
उत्तर प्रदेश में किस नियुक्ति के लिए आवेदन शुल्क २००० रुपये लिया गया है ?
यह सरकार का अधिकार है



Thursday, August 8, 2013

At Last Democreacy Need to Review Again - Amendment to the Right to Information Act, 2005

Dear All,



The Union Cabinet has approved introduction of a Bill in the coming session of the Parliament to amend the Right to Information Act, 2005, to exclude the political parties from the definition of Public authority for the purpose of the Act.

Thursday, July 11, 2013

उत्तर प्रदेश सूचना आयोग की पहल

साथियों ,
अब आपको सूचना के लिए सूचना आयोग जाने की कोई आवश्यकता नहीं रहेगी बल्कि आपको सूचना आपके घर के दरवाजे पर ही मिलेगी । यह एक प्रयास उपसचिव
सूचना आयोग एवं मुख्या सूचना आयुक्त रणजीत सिंह पंकज "मूंछ " के द्वारा प्रायोगिक रूप से शुरू किया जा रहा है ,
मैं इस तरह के प्रयोग की प्रशंसा करता हूँ , हो सकता है कि मेरे अन्य साथियों को यह प्रयास बेकार प्रतीत हो.

"
झिझक ये कैसी पूछता,आईना आधी रात , आँखे खुद ही बोलती,हर राज की बात "

Saturday, June 1, 2013

सूचना आयुक्तों के चयन हेतु शासनादेश जारी :

केंद्रीय सूचना आयोग में खाली पड़े सूचना आयुक्तों के चयन हेतु शासनादेश जारी :
F. No.4/3/2013 — IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated: May 31 st , 2013
Subject: Appointment of Information Commissioners in the Central
Information Commission.
The Government of India has constituted a body under the Right to Information
Act, 2005 (the Act) known as the Central Information Commission to exercise the
powers conferred on and to perform the functions assigned to it under the Act. It is
located in New Delhi. The Commission shall have the Chief Information
Commissioner and upto ten Information Commissioners. The present composition of
the Central Information Commission can be seen at www.cic.crov.in . The powers and
functions of an Information Commissioner in the Central Information Commission are
as per chapter V of the Act.
2. It is proposed to appoint more Information Commissioners in the Commission.
The Act provides that the Information Commissioners shall be persons of eminence in
public life with wide knowledge and experience in law, science and technology, social
service, management, journalism, mass-media or administration and governance.
3. Further, the Information Commissioner shall not be a Member of Parliament or
Member of the Legislature of any State or Union Territory, as the case may be, or hold
any other office of profit or connected with any political party or carrying on any
business or pursuing any profession. It is clarified that cessation/termination of holding
of office of profit, pursuing any profession or carrying any business is a condition
precedent to the appointment of a person as Information Commissioner.
4. An Information Commissioner shall hold office for a term of five years from the
date on which he enters upon his office or till he attains the age of 65 years, whichever
is earlier. The salary and allowances payable to an Information Commissioner shall be
the same as that of an Election Commissioner, subject to adjustment of the
pensionary/retirement benefits availed by him, if any, in accordance with the
provisions of the Act.
5. Persons fulfilling the criteria for appointment as Information Commissioner and
interested for appointment to the post may send their particulars in the enclosed
proforma by post to Under Secretary (RTI), Department of Personnel and Training,
North Block, New Delhi or through e-mail to usrti-dopt@nic.in by June 28th , 2013.
Persons who are serving under the State/Central Government or any other
Organization, may send their particulars through proper channel.
6. It may be noted that these appointments would be subject to the outcome of
Review Petition (C) no. 2309 of 2012 pending before the Hon'ble Supreme Court.
(Sandeep Jain)
Deputy Secretary
Tel: 23092755







http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/4_3_2013-IR.pdf










 

Sunday, April 21, 2013

Selection of Information Commissioners

Dear All,
The following way for selection of Information Commissioners which is given by:Shailesh Gandhi is a former Central Information Commissioner, I Think the proposed way is enough to make this tool powerful,

A. The Information Commissions should set a target for disposals: I suggest 5000 per Commissioner per year. An attempt should be made to increase this target number (around 85% of the matters do not require any legal interpretations as per a study of four months of CIC decisions).

B. Every six months they should review their actual performance per Commissioner and forecast the expected receipts and disposals for the next two years, factoring the retirements. This information should be displayed on their websites. This forecast would show the requirements for new commissioners to be appointed by taking into account the expected retirements.  

C. The government should advertise its intention to appoint a certain number of Information Commissioners depending on the need, four months in advance. Eminent people could apply or be nominated by others.  

 D.  A search committee—perhaps—consisting of two members of Parliament, Chief Information Commissioner, one vice-chancellor, one Supreme Court judge and two RTI activists, could be formed to shortlist a panel which could be three times the number of Commissioners to be selected. These could be announced with the minutes of the meeting at which the shortlisting was done.      
                             
E.  An interview should be held by the search committee in public view to give citizens and media the opportunity to hear the views and commitment to work of the candidates. Citizens could give their feedback and views to the search committee. After this the search committee could give its recommendation for two times the number of Commissioners to be appointed. Based on these inputs, the final decision to select the Commissioners could be taken by the committee as per the Act consisting of PM, LOP and one minister. (A similar process could be adopted for State Commissions with MLAs instead of MPs and high court judge instead of Supreme Court judge).

Citizens will benefit if they could get the Commissions to publish data on the performance of each Commissioner monthly, and also build public opinion to lower the average age of the Commissioners. Atleast half the Information Commissioners should be less than sixty years. There are many RTI activists who have gained considerable understanding of the nuances of the law, and have a natural empathy for transparency. Some of these should be appointed as Information Commissioners. Another useful function which civil society groups could perform is to analyze all the decisions of each Information Commissioner each month continuously in a transparent manner. This would build pressure on those who may be giving errant decisions.

Presently, individual decisions are randomly criticized and this does not give a picture of the overall trend of a Commissioner’s decisions. If we can get a transparent process for selecting Commissioners and put continuous pressure on them for accountability, we will get much better results from our cherished Right to Information. If this works well, it could be used as a model for selecting commissioners for various commissions. The commissions are designed as our checks and balances of democracy. Presently, most of them are not delivering their expected functions effectively.
http://www.moneylife.in/article/transparent-process-will-help-in-selection-of-information-commissioners/32282.html

Wednesday, April 17, 2013

Implementation of suo motu disclosure under Section 4 of RTI Act, 2005

Implementation of suo motu disclosure under Section 4 of RTI Act, 2005 – Issue of guidelines regarding:
Section 4(1)(b) of the RTI Act lays down the information which should be disclosed by Public Authorities on a suo motu or proactive basis. Section 4(2) and Section 4(3) prescribe the method of dissemination of this information. The purpose of suo motu disclosures under Section 4 is to place large amount of information in public domain on a proactive basis to make the functioning of the Public Authorities more transparent and also to reduce the need for filing individual RTI applications.


http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/Suo_moto_disclosure-15042013.pdf


http://pib.nic.in/newsite/erelease.aspx?relid=94720

Guidelines for Central Government Ministries/Departments are on:
i. Suo motu disclosure of more items under Section 4.
ii. Guidelines for digital publication of proactive disclosure under Section 4.
iii. Detailing of Section 4(1)(b)(iii), 4(1)(b)(iv), 4(1)(b)(xi) and 4(1)(b)(xiv)
iv. Compliance mechanism for suo motu disclosure (proactive disclosure) under the RTI Act, 2005.

Central Government Ministries/ Departments should undertake suo motu disclosure and ensure compliance based on these guidelines.
The enclosed guidelines may be brought to the notice of all for compliance.

Alok Kumar Singh

Convener RTI Council of U.P.
मोबइल : +91-९९३६७१६५२६



Thursday, March 14, 2013

"Monitor the implementation of a law is to Get Real democracy"

Dear All,

We Have Proposed & submitted One innovative strategy to monitor the implementation of a law is to conduct information commission court monitoring to UPSIC Chief on 29th Jan-2013.

kindly find attached link of proposal, and reply with how we can get more involvement of Common Citizen,
https://docs.google.com/file/d/1pt7UsrbRiF_YmUtkE9_sFheQzFsxZjuy5COW8Eh8FmMqhXIk0qErRybInKho/edit?usp=sharing





Friday, June 1, 2012

When a magistrate almost took RTI route to get answers

When a magistrate almost took RTI route to get answers

How many FIRs were lodged in the last one year under the Delhi Prevention of Defacement of Property Act? In how many FIRs were the accused politicians? And how many of them were arrested for blemishing public structures by putting up posters, banners and hoardings during election campaigning?
Do these sound like queries from an application filed under the Right To Information (RTI) Act? Well, almost.
Baffled over lack of clarity on the circumstances under which police arrest such accused and even file chargesheets without arresting them, Additional Chief Metropolitan Magistrate Kiran Bansal wondered if she, being a citizen of India, should file a RTI application to get such information from the police.
When a police officer failed to her of any clear policy in this regard, she wondered if this “discretion” was being used in “special cases” where people, accused of defacing properties, were leaders of political parties.
The officer had filed a chargesheet in a case naming, among others, Congress leader Geeta Sharma and her husband Manoj Sharma as accused under the Defacement of Property Act over posters pasted ahead of the MCD elections.
As per the FIR lodged at the Madhu Vihar police station, two posters were found pasted on water tanks near Ganesh Apartments in I P Extension on
April 6, eight days before the MCD elections. Geeta Sharma went on to win and is councillor from IP Extension.
“In the present court, charge sheet pertaining to the above Act of the entire East District are being filed and this court has come across many instances wherein sometimes the charge sheet is filed after the arrest of the accused and sometimes without arrest of the accused. It is also felt that in most of the cases where the charge sheet is filed without arrest of the accused, the accused persons are influential persons and posters and banners are of political parties,” ACMM Bansal said.
She went on to compile a list of seven questions for the area DCP. These queries included those on number of defacement cases between April 1, 2011 and March 31, 2012, instances where politicians were involved, and on the decision to file charge sheets without arresting them.
ACMM Bansal said because she was a judicial officer, she could get all the information without resorting to the RTI Act.
“The undersigned felt that being a citizen of India and also an ACMM, it was the onerous duty of the court to take up the matter on the official side...”She had a copy of the order sent to the DCP, East for collection of data regarding her queries, its compilation and submission in court by the last week of June.
http://www.indianexpress.com/news/when-a-magistrate-almost-took-rti-route-to-get-answers/956350/2

Thursday, May 3, 2012

'No plans to evaluate RTI Act

In a written reply in Lok Sabha, Minister of State for Personnel, Public Grievances and Pensions V Narayanasamy said that a study was conducted in 2008-09 to assess the key issues and constraints in implementation of the RTI Act. Based on the report, the minister said, "The Government has taken initiatives to build the capacity of the demand and supply side through trainings, an on-line certificate course, and publication of guides on the Right to Information Act". Narayanasamy said awareness generation has been undertaken through print, electronic and outdoor media.

Tuesday, April 3, 2012

राज्य के मुख्य सूचना आयुक्त- रणजीत सिंह पंकज ने आदेश दिया- और अब खुद ही फँस गए.........

आर.टी.आई. एक्टिविस्ट-सलीम बेग ने राज्य सूचना आयोग से अपने सूचना के अधिकार का प्रयोग करते हुए
२२ फरबरी - २०१० को सूचना मांगी थी कि-
१-कुल कितने जन सूचना अधिकारियों के ऊपर सूचना न देने पर कितना दण्ड लगाया गया
२-राज्य सूचना आयोग ने जिन जन सूचना अधिकारियों के ऊपर सूचना न देने के कारण दण्ड लगाया है उसकी निगरानी करने वाली समिति कि मासिक/त्रिमासिक बैठक कितनी बार हुई
इस पर प्राशासनिक सुधार विभाग की ओर से सूचना दी गई-
सूचना आयोग के गठन के बाद अब तक १ करोड़ , १८ लाख , ९३ हज़ार ५० रुपये जुर्माना लगया गया ,जिसमे से ६२ हज़ार ५०० रुपये की वसूली हुई.
इस सम्बन्ध में राज्य के मुख्य सूचना आयुक्त- रणजीत सिंह पंकज ने आदेश दिया-
और अब खुद ही फँस गए.........









Saturday, February 25, 2012

Government, judiciary not interested in RTI disclosures

NEW DELHI: At a time when the Congress-led UPA government has been battling with Team Anna over a comprehensive anti-corruption legislation, the Central Information Commission (CIC) has taken on the government and the judiciary over the transparency issue saying not even a single public authority has been following disclosure norms.
Even six years after the implementation of the Right to Information Act 2005, the final appellate authority for the legislation feels that the government has not voluntarily disclosed information on its ministry and department websites, as required under Section 4 (1) (b) of RTI Act.
Central Information Commissioner Satyananda Mishra said, "The biggest issue on RTI Act implementation is whether the government departments have implemented Section 4 (1) (b) and voluntarily disclosed information on their websites. We have got a study done and when I say that none of the websites of Government of India follow the disclosure law, it is not an exaggeration. Even the high courts are no better."
Each government department is required to disclose information, including number of employees, their education, salary drawn, the tenure of employment, records held by the department, records destroyed, areas of responsibility and similar information.
Mishra said, "When we see websites of the government, we find half-hearted attempt to disclose information. If you randomly go to websites, you will find names of people who have retired and in some cases have even died. There is no updated information. We have sent repeated letters to the government on how they can improve the information delivery mechanism, which would ultimately mean less number of RTI applications. After all RTI applications cost money not only to the applicant but also to the government."
CIC's suggestion that each ministry should publish a "negative list", which would include information that the ministry would not provide, has also not been followed. "Our national goal should be that no citizen is required to use RTI Act. But our suggestions have not been followed," Mishra said.
CIC had suggested in 2010 that each government department appoint a transparency officer to oversee the implementation of RTI Act. So far, of the 2,200 public authorities registered with CIC, only 324 (about 15%) have followed this.
It is not just the government but also the judiciary that does not seem to be following the rule book. CIC has found that only Guwahati High Court has a website that gives "exemplary information". CIC has directed all the high courts to get their act together by April 1.
Hearing an appeal filed by Hyderabad-based RTI activist C J Karira, CIC has ordered that high courts should voluntarily disclose information as the law provides. Mishra said, "There are other issues like harsh RTI rules also. Allahabad high court has levied a fee of Rs 500 per application and per item, which means that if you ask more than one question they will charge Rs 1,000. We have directed them to at least follow what Supreme Court is doing - levying a standard fee of Rs 10."


Wednesday, January 25, 2012

RTI expose of how World Bank had arm-twisted Delhi Jal Board for water privatisation

The ministry of water resources has been undertaking public consultations across the country for quite sometime to formulate the New Water Policy to be probably implemented in March this year (the last revision was in 2002). While the general feedback it got points to proper water management and augmentation at the grass-root level, the draft policy being circulated recently dangerously lays emphasis on privatization of water services.
According to news reports, the draft National Water Policy encourages privatization of water supply services and gives liberty to private operators (who would look at profits first) to “fully recover” their operational and administrative costs, which could obviously lead to steep hike in water rates for the end consumer. The draft also suggests that the government should shrug of its responsibility of being a service provider for water and has curiously put the onus on private operators.
In fact, Section 13 of the National Water Policy, 2002 states: “Private sector participation should be encouraged in planning, development and management of water resources projects for diverse uses, wherever feasible. Private sector participation may help in introducing innovative ideas, generating financial resources and introducing corporate management and improving service efficiency and accountability to users. Depending upon the specific situations, various combination of private sector participation, in building, owning, operating, leasing and transferring of water resources facilities, may be considered.” The latest draft National Policy further hammers this issue, in complete disregard to peoples’ right of being delivered water at reasonable rates.

The first battle fought against the World Bank and Delhi Jal Board (DJB) was in 2005 when RTI activist and social reformer Arvind Kejriwal through his non-governmental organisation (NGO) ‘Parivartan’ steered a tenacious campaign against privatization of water. For this, he obtained, under the Right to Information (RTI) Act, voluminous 9,000 pages of documents pertaining to correspondence between the World Bank and DJB of biddings, DJB’s correspondence with state and central government as well as reports of various consultants.

RTI documents revealed that the DJB had approached World Bank in 1998 for a loan to upgrade its water utility services to Delhi. The bank suggested that they hire a multi-national consultant who would ‘suggest’ basic reforms for the DJB to carry out. The bank offered a $2.5 million loan to DJB for hiring the consultant.  States Arvind Kejriwal, “Delhi has 21 water zones. The management of each water zone was to be given to four experts for each zone at a salary of Rs25,000 per month which is Rs11 lakh. The per annum cost of the salaries would come to Rs108 crore. The total budget of the DJB was Rs168 crore thus 60% of the money would be spent on salaries on foreign consultants. Roughly estimated, this would lead to nine times increase in water tax for Delhites.”

RTI documents further revealed how the World Bank arm-twisted DJB to favour a particular multi-national company. The DJB invited tenders for which 35 consultants applied and six of them were to be short listed. An evaluation committee consisting of senior officials of the DJB ranked them in order of merit as per the World Bank guidelines.  PricewaterhouseCoopers (PWC) was curiously termed as a ‘desi’ company because it bid from its Kolkata branch but was ranked 10th. However, the World Bank arm-twisted the DJB to prop it up to the 6th position.  States Mr Kejriwal in a protest letter that he wrote to the World Bank after studying the documents, “This provision was misused to bail out PWC as it was treated as an Indian company because the branch of PWC which had applied is incorporated in India. Thus, PWC featured amongst the top six short-listed companies.

Mr Kejriwal’s letter to the World Bank further states: “Thereafter, technical and financial proposals were invited from the six short-listed companies. A company needed 75% marks in technical evaluation to qualify. An evaluation committee, consisting of senior officials of DJB, evaluated the proposals on the basis of the criteria given in World Bank guidelines. PWC again failed. Only two companies, namely Deloitte of USA and TAHAL of Israel, got more than 75% marks.

“The results were sent to the World Bank for their “no objection”. The bank was strangely dissatisfied with the results. It nevertheless blatantly displayed its interests in PWC. It demanded an explanation from the DJB as to why did they give such low marks to PWC.” DJB was stunned at this reply from the World Bank and in a note, the official placed on record that he strictly abided by the World Bank norms and no company procuring below 75% could be eligible for procuring the contract. If PWC is considered, the official wrote in his internal correspondence, it would go against the principles of transparency and would cause great embarrassment to the DJB.

DJB opposed this arbitrary interference but the World Bank bullied it into revising the criteria, audaciously stating this was not the first time it had so intervened.

Shockingly, DJB, the state and central government revealed their helplessness before the World Bank. Despite their many objections, DJB had to comply.

Mr Kejriwal further states: “Fresh bids were invited. A new evaluation committee was formed. The new committee was careful this time. At every step, they obtained bank’s approval. The bank interfered in the formation of the committee. The composition, structure and procedures were all laid down in great detail by the bank. The new committee was formed with the approval of the bank.

“However, PWC again failed to get pass marks. Only one company, namely M
Watson of UK, qualified. Amazingly, the bank was again dissatisfied. It called for the detailed scores given by each member of the evaluation committee.

This time, the bank transgressed all limits of interference and violated all norms of fair play and decency. It demanded that the scores given by RK Jain, one of the members of the evaluation committee, be omitted because ‘evaluation made by Mr Jain is at considerable variance with the evaluation made by other evaluators.’  Interestingly, the evaluation committee mentioned in its report that RK Jain gave low marks to PWC and SK Chhabra gave low marks to M/s Sogreah. But the World Bank demanded omission of Mr Jain’s scorecards only. The bank’s bias could not have been more apparent.”

“DJB was “requested” to recast the scores accordingly. This time, there were no protests from DJB. DJB obliged and PWC scraped through.

The documents were carefully studied by the alumnus association of IIT Delhi and Kharagpur and they had held a press conference urging the Delhi government to withdraw the World Bank loan, but to no avail. Mr Kejriwal whipped up a mass public campaign and was joined in by noted RTI activist Aruna Roy. Buckling under pressure, DJB was forced to withdraw.

In an article in The Delhi Science Forum website authored by Raghu (http://www.delhiscienceforum.net/others/342-privatisation-of-delhi-water-supply-by-raghu-.html) states - “The World Bank has a long and inglorious record of advocating privatisation of public utilities. In the water supply sector, the bank-funded projects run by European and American multi-nationals are being implemented in the country after country in Africa, Latin America and Asia. In Tanzania, Colombia and the Philippines, for example, the World Bank-funded water supply projects have left a trail of disaster, debt and impoverishment. The MNCs have imposed enormous tariff hikes, denied water to the poor and others unable to bear these hardships, diverted water to luxury resorts and golf courses and reaped exorbitant profits. In the face of inevitable public protests, in some places at the level of popular uprisings, the MNCs have fled these countries, leaving behind stranded water utilities, governments with huge uncovered loans, infructuous infrastructure costs and, adding insult to injury, have demanded and often extracted compensation invoking contractual clauses imposed by the World Bank. As a result, these discredited policies are now being rolled back all over the world including in Europe where such privatisation began during the Thatcher era.”

Despite this, the National Water Policy may just give a green signal to privatization of water supply and put the country under the barbaric control of multi-nationals. Any sense?

Links for Arvind Kejriwal’s campaign against privatization of water supply in Delhi - http://www.youtube.com/watch?v=8XwiyWgZHMA and http://www.youtube.com/watch?v=xOmr7aXj_hA

(Vinita Deshmukh is consulting editor of Moneylife. She is also an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte” with Vinita Kamte. She can be reached at vinitapune@gmail.com)
 

Saturday, November 12, 2011

RTI a form of Education

Delivering a thought provoking lecture on the ‘Role of Right To Information in Education’ PPS Gill, Information Commissioner (RTI), Punjab and PAU alumnus said, “RTI itself is an education. It is one of the acts of independent India which has stirred the nation and empowered the people.”
He was addressing the varsity faculty and the students on the occasion of National Education Day on Friday . The event was organised by the Punjab Agricultural University Science Club. Gill said that in a democracy, there are three important ingredients which include awareness, information and knowledge
Sharing the essential details of the Right To Information Act, Gill said that information about e-mails, press releases, documents, orders, circulars, can be sought through the public authority. 
http://www.indianexpress.com/news/rti-a-form-of-education-says-info-commissioner/874573/ 

Friday, November 4, 2011

Kerala the first state in India to facilitate online RTI queries.

Now file RTI queries online

KOCHI: The e-filing of RTI conceived by the IT mission will make Kerala the first state in India to facilitate online RTI queries. The project is expected to be launched this month at the General Administration Department (GAD) in the secretariat.Training is being imparted to the staff members of all Akshaya centres, the state's grassroots level ICT centres which will be the source point enabling people to file their query.Being launched under the e-district programme, the service will make electronic network available across the state with GAD working as the nodal office through all the Akshaya centres.A fee of rs10 will be charged on each application filed online. Once confirmed the application will be routed through Akshaya centres to the public information officers of the concerned department.The officers will then be provided with digital signatures to accept the application.The status of the application at each stage will be messaged to the applicant. One will have the choice to opt for the response as soft or hard copy.IT mission is also planning to increase the number of Akshaya centres in the state from 2,500 to 3,500.
http://www.cityjournal.in/Newspaper/20111104/Kerala/Kerala_4.html