Not so funny RTI innovations from Jharkhand

The Hoot

Not so funny RTI innovations from Jharkhand

Recent reports in Jharkhand suggest that information seekers are told to pay substantial

sums in the name of the government staff’s salary. VISHNU RAJGADIA says the state

has put its own money-making spin on the RTI Act.

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Jharkhand is the state where two ex-ministers with corruption charges have been put

behind the bars. It is the same state sin which the Governor House witnessed serious

allegations during the President' Rule. The same where the IAS officers who were very

close to the governor are facing CBI raids.

And now the new Governor of Jharkhand Mr KS Narayan never forgets to add the terms

like 'transparency and accountability' in each of his speeches. But the fact is that RTI Act

(which ensures transparency and accountability) had been badly thrashed recently in the

state.

The Jharkhand Cabinet (election) Department issued an order on 05.06.09. This order was

sent to District Election officers and Deputy Commissioners. The order brought great

pleasures to the officials. Without delay, the DC offices forwarded it to all the public

information officers in their district. This started the consequences of demanding a large

sum of money for providing information.

Wonder what was hidden in the order?

The order contained arbitrary explanations of the circular no. 1/4/2008-IR, dated

25.04.2008 of Ministry of Personnel, Public grievances and Pensions, Govt. of India. The

letter provides guidelines to the public authorities. The circular also gives directions

regarding suo-motu declaration or self-disclosure of information prescribed in sub section

4(1)(b) of the RTI act.

But the Jharkhand Cabinet (election) Department had comically described the letter. The

order reads-

"According to Section 4 of Right to Information Act, provision is made that all the

government departments/office should maintain the record of important and

relevant information related to their departments/office and put them in their office

and on website; and shall make it available to Indian citizen in condition of duly

filing the application with prescribed fees."

This statement is a false one. Section 4 makes the provision of self declaration of the

information. Every department has to publish 17 categories of information related to its

office and works. It should provide as much information suo-motu to the public at regular

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intervals through various means of communications, including internet, so that the public

have minimum resort to the use of this Act to obtain information. The public authorities

should do this with constant endeavour. Section 4 does not even mention about application

and fee. It is clear that the order releasing authorities should first need to understand

section 4.

The above mentioned circular of Ministry of Personnel, Public grievances and Pensions,

Govt. of India guides about proper compliance of section 4, self declaration of information

with constant endeavour, proper maintenance of documents and keeping the information

in electronic form. The Jharkhand Cabinet (election) Department did not even mention

these responsibilities. Apart from this, its order gives the tip to collect a huge sum of

money for the time and expense undergone in case the desired information is not recorded

or maintained in the office. Section 6 of RTI act is referred for this purpose. The order

reads –

"Under these circumstances, section 6 of Right to Information Act 2005 has made

provision to assess the expenses in getting the information and to inform the

applicant, so that if he bears the expenses he could be provided with the

information."

It is interesting to note that section 6 had no provision mentioned as such. It only mentions

about the filling of RTI application. It is Rs 10 in case of Jharkhand. Section 6 does not

have clause of taking any further money. It's clear that the officers aren't informed about

this section as well.

The order that has arbitrary descriptions of the Law has many clauses to dishearten the

applicant. It is said that an officer or assistant could take hours or even days to gather

information.

It had been suggested the applicant should pay the salary of the staff for whatever days it

takes to gather the information. The rates are also mentioned. Including the wages and

allowances, an assistant would cost Rs 940 per day, whereas a sub-division officer would

cost Rs 1080. (Thank God the daily rate of bribe is not included).

If you became angry while going through the order, it is time to get your temper down. It

is laughing time now. The order reads-

"If the applicant wants to take the CD of the information, and the soft copy is

available in the office; he will have to pay Rs 50 per CD. But if it takes long time

to make the CD, then the tentative time will be calculated at the rate of Rs 674, the

per day salary of the computer operator."

Now who will ask that if the soft copy is available in the office, then why it would take

much time just for making a copy in CD? In fact instead of giving Rs 674 to that

incompetent computer operator, people would prefer to throw him out of the office.

The Jharkhand Cabinet (election) Department order also says that if the applicant wants to

inspect or go through the documents (under section 2(j)(i) of the act), he would have to

pay as per the salary of the assistant staff. This direction is also illegal. The rules and

regulations of central government say that no money could be taken for the first hour for

inspection. The charge of Rs 5 would be taken for every extra hour. In Jharkhand, it is free

for first hour, whereas Rs. 5 would be charged for every extra 30 minuts. In this case

asking for assistant's wages is quite comic.

It should be kept in mind that only the personnel and administrative departments of the

Central and State governments have the right to formulate rules, fees and expenses related

to RTI. Cabinet (election) has to follow the guidelines of the Law.

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The Jharkhand Cabinet (election) Department had offended the law and proved its

ignorance towards the RTI act. But the issue of transparency had to suffer as the public

authorities had started making fool of the public. Even if this order is dismissed, it would

take a long time to heal the wounds it had caused to transparency. The already corrupted

information officers would try to use different methods to discourage the people from

asking for information. On the other side, every applicant who becomes a victim of this

order would surely lose his faith in the right to information law. vranchi@gmail.com