Report on

State Level Consultative Workshop on Right to Information

Venue:

IMAGE Campus

Dates:

10 11 March 2012

Organized by: Indian Institute of Education & Care

Supported by: Practical Action, South Asia Office, Sri Lanka

Introduction Right to Information Act is viewed as one of the most progressive acts in the country enacted since independence. It aims at promoting transparency and accountability in the administration and giving right to citizens to access the information held by the Public Authorities. It is a tool in the hand of the citizens to wipe out corruption and hold the administration accountable. As in other parts of the country it came into full force in Orissa w.e.f. 12th October 05. The state Govt. has framed the Rules called Orissa RTI Rules-2005 as mandated under Section 27 of the RTI Act. The Govt. has also appointed State Information Commission on 20th November to adjudicate the complaints and appeals and report and recommend on the implementation of the RTI Act. Again as mandated by the Act, most of the Public Authorities in the State have appointed PIOs to receive the applications of citizens under Section 6 of the Act. Similarly, in compliance to the requirements of Section 4 of the RTI Act, each public authority is required under the Amendment Rules, 2006 to maintain a register for recording the particulars of citizens seeking inspection or information on suo moto disclosures. Within period of more than six years of implementation of RTI Act in the state, a good number of RTI Activists, Volunteers, retired Govt. officials have started using RTI to expose the corruption and irregularities in various development projects like NREGA, PDS, MDM, ICDS, PMGSY, Plantation, forest rights, allocation of land by Tahasil etc. and to sort out personal problems and Govt. benefits like pension and other allowances. The constant campaign of RTI Activists and Civil Society Organisations has resulted in use of RTI by the common masses in remote pockets of the state. Being pressurized by Civil Society Campaign, the Govt. has taken a lot of efforts to streamline suo moto disclosure of information under section 4(1b) of RTI Act through issuing several circulars to all public authorities, opening special website LOKSOOCHANA under supervision of I and PR Dept. etc. It is also seen that being failed to get justice from Orissa Information Commission, few Activists have also approached High Court to get relief. Recently, adjudicating a Writ petition, the High Court has directed to Director General of Police to appoint PIOs in all Police stations across the state. Despite all these developments, RTI has been confined to urban educated middle class. The poor, dalits, Tribal and Slum dwellers in urban areas are seen hardly aware about this law. No such concerted efforts have been done by any NGOs to carry forward massive campaign on RTI in slums. Keeping it in view, IIEC in collaboration with Practical Action, South Asia had organized a state Consultation on Right to Information Act issues and Concerns in Urban areas on 10th and 11th March2012 in Bhubaneswar with the objective to develop collective efforts to streamline RTI among slum-dwellers in urban areas across the state and to recommend the Govt. and State Information Commission with regard to address the bottlenecks to ensure effective implementation of RTI Act in the state.

First Day (Inaugural Session) On 10th March, 2012, the inaugural session started with Mr. Sishir Kumar Das, Director, IIEC delivering welcome address in the workshop. Addressing the gathering, Mr. Das briefed about IIEC and its partnership with Practical Action in relation to Urban Governance Project at slums of Bhubaneswar. This said workshop is the part of the project Community Governance in Infrastructure Services Project runs with partnership with Practical Action, Sri Lanka. He said that two day workshop is expected to deliberate on various issues pertaining to urban governance issues and RTI. The subject matter of discussion may be Scope for people about planning, budget and expenses in relation to plan and budget. Scope of RTI and governance in relation to effective governance to bring a transparent and accountable program and implementation. Present our moral responsibility and duty towards enforcement of RTI in good governance, if we can.

Then the workshop was formally inaugurated by Mr. Traun Kanti Mishra, State Chief Information Commissioner, Odisha by lighting lamp. Mr. Karunakar Patnaik, Former Director, Govt. of Odisha presided over the meeting. Other dignitaries present on the dais were Gopal Nanda, IPS (Rtd.), Former Director General of Police Odisha, Prof. Pradip Sarkar, Prof of Law and Chairman, P G Council, Utkal University, Odisha, Prof. Digambar Satpathy, Former Member, Odisha Public Service Commission, Pradip Pradhan, Convener, Odisha Soochana Adhikar Abhijan, Bhubaneswar. After introductory remarks, Mr. Gopal Nanda released a booklet on RTI RTI Manual and Rules prepared by IIEC. The Mr. Pradeep Pradhan, State Convener, OSAA narrated the genesis, scope and enforcement of RTI Act, 2005 in Odisha. During his deliberation, he said that implementation of RTI in Odisha is in bad shape due to ultravires provisions of Orissa RTI Rules and indifferent attitude of State bureaucracy to implement the law. Submission of Compulsory Application Form at the time of seeking information, collection of fees from BPL people, requiring citizens to submit proof of citizenship, making cash as single mode of payment of fees for information, collection of appeal fee from appellant, non-disclosure of suo moto information by Public Authorities are some of the retrograde steps taken by state Govt. which has deprived lakhs of the people to access information. On the other hand, it is also seen that RTI Activists and RTI Users are misbehaved, humiliated and false cases lodged against them by officials in their endeavor to subvert the right of citizens to access the information. It is also seen that mostly urban elite class is using RTI in their own interest. In slum areas, nobody is aware about name of the programme or scheme implemented for them, allocation of fund and expenditure. There is no planning and consultation with slum-dwellers to implement any programme for them. The poor, slum-dwellers are still unaware their right to access information held by BMC. I hope the two days interaction will debate on these issues and come out with certain recommendations. So that the slum dwellers will have their say in respect of planning and implementation of the programme meant for them.

By Prof. Sarkar, Department of Law, Utkal University, Vanivihar Addressing the gathering, Prof Sarkar spoke about the need and scope for Participatory Governance/ Good Governance through RTI Act in a welfare state that been enshrined in Article 19 and 21 of Indian Constitution. He narrated about 4 aspects of Governance i.e, Public Access, Government Accountability, Service Delivery & Corruption free government As compared to early years now we are entering into a period of Timely Justice not Delayed Justice. He said that Civil Society has a big role to play to ensure good governance in the state through RTI. RTI can build consciousness among the people and give confidence to assert their rights. By it, the educated and responsible citizen can bring good and accountable government in the country. Through RTI we can develop a system that can empower the people to monitor budgetary allocation and low expenditure of budget that delinks development. He also said that RTI Act is a weapon for people to fight corruption and injustice. It is a tool not right for civil society to use or misuse or abuses it. We also see that corporate sector is dictating and controlling governance system of the country. Govt. is withdrawing from its responsibility and giving it to the corporate bodies. So there is need to amend the Act to include the corporate bodies. They mush give the information as the Govt. is giving a lot of subsidy in terms of land, finance and infrastructure etc. Prof. Digambar Satpathy, Former Member, Odisha Public Service Commission Participating in the deliberation, Prof. Satapathy, pointed some of the flaws in Orissa RTI Rules like compulsory application form and requirement of proof of citizenship at the time of submitting application to get information. These provisions need to be amended so that the common people can access the information. He said transparency and accountability is the two fundamental principle of RTI Act. RTI can enforce transparent and accountable governance system in the country. Referring definition of Public Authority, he said that NGOs financed directly or indirectly should come under purview of RTI Act. The activities of the NGOs should be transparent and provide information under section 4 and 6 of the RTI Act. While discussing role of Information Commission, he referred section 15 of the Act and said the Commission can act independently and the whole superintendence of the Commission lies on State Chief Information Commissioner. The Chief Information Commissioner must exercise his power to reduce pendency of the cases, expedite hearing. Under section 25 of the Act, the Commission can recommend the Govt. to remove difficulties in respect of implementation of the Act and amend the Orissa Rules. Mr. Gopal Nanda, former Director General of Police, Odisha State He was both Director General of State Vigilance and States Law and Order system. Addressing gatherings, Mr. Nanda said that we have 2500 Acts in the country out of which around 1300 is of no use. RTI Act is the peoples Act in the post independence era that empowers citizens and strengthens democracy. Reflecting development of democracy in India, he said that after independence the then leaders made ours a hybrid democracy. The way democracy was nurtured for post 10 independent years but it is sick and without flower during post independence years. We have to maintain the greenery of our democracy to maintain its heat, air, soil and atmosphere as well where democracy builds itself.

Cited one example of Women of substance Kasturba who managed Gandhiji in his movements, likewise we should nurture democracy. He cited that Supreme Court told Article 19 is of no use if it is no in interests with the common people. Need of the application of sovereignty of democracy with Informed Citizenry, with accountability; is the core pulse of Act/constitution. Corruption free service is our fundamental right. If one charged money against a service, what is the meaning of democracy ?. It is useless without public interest/benefit. India is now 87th in relation to corruption, could be in 10th position in first 10 years of independence. We all are a party or part to such situation. We lack transparency that build corruption. This is the reason that promoted Naxalism, who have no future and they have reason to fight against state. It was good to learn that though he is no more as chief of Police

Staff, has revealed that the cause of Naxalism/extremism lays with the lack of transparency that affect people and their development. There must be federalism + democracy to build peoples

partnership. State is not sole driven, all have participation for development. If it is fairy, people will participate. So need of a transparent, accountable and corruption free governance is the cry of this present time. Law or Act can not change drastically but can, if you punish substantially. People think if we came to power why not corrupt ? Some have no scope and some do not. Some are fence sitter who waits for opportunity and get corrupted calculating risks and opportunity to do such. Whole world talk about New Zealand, England, etc about their corruption free state but there crime is high. They do not harm to their nation, may be a person. We the people of India love Tradition not Patriotism. In the absence of sharp sun shine (transparency), corruption grows. In relation to transparency and accountability of NGOs who brought RTI Act in force, why there is no clear definition of Substantial Support in the Act that relates to NGOs financial matter, for which the Act has kept NGOs matter weak?. Is it possible to get permission from NGO authority to take action against corrupted NGO person? We need a system to provide information like Railways (where information is laid down for public), everything will be in order. Corruption will reduce when the interface of public and public servant will reduce. Mr. Traun Kanti Mishra, State Chief Information Commissioner, Odisha Joining as Chief Guest in the workshop, Mr. Mishra expressed his sense of dissatisfaction over the way the RTI Activists are ventilating their opposition to the Commission publicly. He said that there is huge trust deficit on the Commission. Neither the Govt. nor Civil Society keeps trust on the Commission. If everybody will continue to distrust the Commission, the Commission will be helpless and everybody will see the commission in suspected way. To err is human. Everybody commits error. The Commissioners are human beings and have error. It can be rectified through dialogue and discussion. I am pretty aware that there is huge pendency of cases in the Commission. We are trying hard for quick disposal of cases. Civil society should cooperate with the Commission. He assured to take up any constructive recommendation which will come out from two-day deliberation.

Mr. Karunakar Patnaik, Former Director, Dept. of Panchayat Raj, Govt. of Odisha Delivering his presidential address, Mr. Patnaik said that RTI Activists have been demanding withdrawal of RTI Application Form since last six years. If the said Form is really problematic, we must change it. As I see, filling up form and developing questionnaire is very challenging and complicated. We should relook the Rule if we can bring changes for peoples benefit. RTI Act should not be seen as tool to reduce corruption and check injustice. We should go beyond of it. It is seen that RTI has remained confined with handful of educated class. It should reach to the common people. Otherwise the system will fail. The Common people should come forward to use the same for their own benefits. At last, Mrs. Sarmila Patnaik, Project Manager, IIEC offered vote of thanks

1st Technical Plenary Session

Focus Area RTI Campaign in India/Odisha, Enactment of RTi in urban area in terms of accountability and transparency. The Plenary session started at 12.30 AM with Pradip Pradhan moderating the session. The topic of discussion for the panelist was RTI Campaign in India/Odisha, Enactment of RTI in urban area in terms of accountability and transparency. The panelist in this session was Mr. Bibek Biswal, Chief Monitoring Officer, RTI Cell, I & PR , Dillip Routray, Deputy Secretary, H & UD, Govt. of Odisha, Mr. Padmanabh Dash, Senior Corporator, BMC and Mr. Dillip Das , Chairman, Antodaya, Kalahandi. The Panelists were requested to make their presentation on the topic mentioned below. Mr. Bibek Biswal, Chief Monitoring Officer, RTI Cell, I & PR Mr. Biswal presented details of activities taken up by Govt. for effective implementation of RTI Act in the state since 2005. He said that RTI is a powerful, revolutionary and path breaking Act in the country. Comparing RTI and NREGA which were passed in same year, he said that when both NREGA and RTI Act came into force, no fund was placed by Central Govt. to carry out the RTI Act. But huge money was sanctioned for NREGS work. To implement any Act, money is required sufficiently. At the initial stage, we were running short of money to implement RTI Act. Highlighting the achievement of E-governance of Odisha, he said that Odisha is such state which first constitutes Information Commission, frames Rules and designates PIO, 1st Appellate Officer in comparison to other states. Respecting the demand of RTI Activists, The State Govt. has made amendments in Orissa Rules. World Bank has highly appreciated our performance in respect of implementation of the Act. The State Govt. has opened RTI Portal where anybody can access the information proactively disclosed by more than 4000 Public Authorities. For this work, Odisha has received National and International RTI Award.

Despite these developments, the implementation of RTI Act suffers from a number of anomalies and procedural problems. The whole administration is not still open up. Too much rigidity or too much flexibility is always wrong. We should have balance between these two. Amendment of Orissa RTI Rules is under active consideration. From this year, the I and PR has started organizing public awareness like training and workshop on RTI in each district. Now we are planning to connect RTI portal to Common Service Centre. So that the people can get the information from the Call Centre. Mr. Dillip Routray, Deputy Secretary, H & UD, Govt. of Odisha Sharing his experience as PIO, Mr. Routray said that the people lack idea to frame questions and how to ask questions. The people should be educated and sensitized about framing effective questions. So that they can get the expected information. Presenting a case of how the file is tampered, he said that we should not always be happy with file noting, because the file noting is subject to alteration and tamper. He also shared his involvement in TV Quiz program in DD TV which is being done to reach out to the common masses with message of RTI. Mr. Dillip Das, Chairman, Antoday, Kalahandi Mr. Das, RTI Activist shared his experience and work taken up to enforce RTI in Thuamul Rampur, extreme underdeveloped tribal pockets of Kalahandi district. He said that Antodaya works in 7 GPs of Thuamul Rampur Block of Kalahandi. We have created Cadres who have 7 10th class pass qualification to make the people aware about RTI and make them use it. We are framing questions by workers in the Mobile RTI Clinics that collects 50+ applications from people and 2 of staff goes to different offices to place it on behalf of people. We train cadres how to fill up and inspect offices under section 4 (1b) of RTI Act. We have to be free from the Inertia in our psychology, the day it will happen RTI will work properly. Criticizing Govt. RTI Portal, nothing is available. This portal is lack of information and no information. If anybody will try to make complaint, the auto response is like special characters are not allowed. E governance of WCD is totally nonsense, no information is there. In response to the issue raised by Bibek Biswal about lack of resources, he said sarcastically that the Government could give money for subsidy rice and MLA/MP LAD Fund, but when the issue of implementation of RTI Comes, the Govt. speaks of lack of resources. Is it the answer? He suggested that DPRO and Field Publicity division can show films on RTI to inform and empower people in 118 scheduled areas. He said that his organization Antodaya has filed PIL case in High Court to enforce suo motto disclosure by public Authorities in the state.

Mr. Padmanav Das, Senior Corporator, Bhubaneswar Municipal Corporation Participating in the discussion, Mr. Das said that RTI is for the people who are suffering from social discrimination, injustice and exploitation. What is the meaning of civic and human rights ? What will happen if one can not be involved in social development process ? Our slum people do not know how much money is allocated for them, what is the project time and money allocation. Where is the 2% share of corporate share for urban areas ? These question needs to be asked through RTI. To day, we face a big challenge from RTI quacks who submit RTI just to harass others and bargain for money by extracting information. These elements are halting the system. There must be revolution within people for change, to establish social justice. RTI is a long term process; we have to move it forward.

2nd Technical Session

Focus Area RTI Rules (Center & State): Strengths & Challenges Access to RTI Rules: Breaking the Barriers This technical session was presided over by Prof. Pradeep Sarkar. The Panelists were Mr. Chitta Behera, RTI Expert and Mr. Balaram Behera, Basti Mahasangh Chitta Behera, RTI Expert Ridiculing the success stories of government officials on RTI front as presented by Bibek Biswal, Mr. Chitta Behera said that it is just like the song Kolaberi D that sounds well and everybody enjoys it but it carries no meaning. The officers are disseminating wrong information. Even the Booklet on RTI published by Information Commission is wrong. In Odisha the RTI Activists have been jailed, beaten up, threatened, case filed against them and they are struggling to get justice. The State Information Commission has also filed defamation case against RTI Activists for their criticism to the Commission. From the very beginning, the State Govt. took steps to subvert RTI implementation in the state. Accordingly, they made several draconian provisions. So that the Common people will fear to use it. Mr. Chitta Behera highlighted several incongruities in Orissa Rules which are ultravires, illegal and absurd. Citing the examples, he referred Rule 10 which says if any damage is caused to the public property in course of giving any information in the form of samples of materials, the damage caused to such property shall be included while calculating further fees representing the cost of providing the information. It means an information-seeker will pay compensation to any short of loss or damage which is against the RTI Act. Similarly, Rule-13 of Orissa Rules said that any penalty or damage or any other sum payable under the Act, if not paid within thirty days of the date of the receipt of the order for realization of the same or can not be recovered , it can be realized from such person as arrears of land revenue.

It is another draconian provision made against letter and spirit of RTI Act. Similarly, Form-C (Intimation of Rejection) under Orissa Rules has given absolute power to the PIO to reject application under 9 illegal grounds whereas as per the RTI Act, the application can be rejected under section 8 and 9. He also said that it is wrong to say that Center and State will form their Rule. Rules can be framed under section 27 and 28 of the RTI Act. No state can frame the Rules contradicting the provision of the Act. The introduction of compulsory application Form, proof of citizenship and payment of fees for within 15 days under Orissa Rules is illegal, as there is no such provision under RTI Act. One can not seek information being at Kolkata, because mode of payment for application fee is only Treasury Challan(format to fill up for any government deposit) and cash. Even a poor man can not get information, because he can neither fill up form nor fill up treasury Challan. Regarding rise of RTI Quacks in the state, Mr. Behera said that We have made the system so complicated that one will approach Quacks, he may know RTI or not. The cumbersome procedure to apply and access to information force the people to depend on so-called RTI Quacks. The State is so ruthless and anti-RTI that the PIOs have been instructed to collect fees from BPL for information. Who is a citizen ? It will be drawn by Center only by Article 5. It is Centers affair, who is state to ask if I am a citizen or not ? Prof. Pradeep Sarkar, Utkal University, Vanivihar During his deleberations Prof Sarkar was concerned about the number of RTI applications that are filed by citizens were for own interest, not for nation/development or basic needs of common people that brings changes in the common practice of the government machinery. His central idea was that application filling should be so typical that are of greater interest of the state/nation that bring changes in the policies that affect common people and that stagnates development due to callousness of government servants beyond their duties for the state. He opined that the State has the power to make rules for all Acts irrespective of Central Concurrent lists but State can not over write Act but can supplement it. Law will make legislation, judiciary will interpret it. Here Commission will make rules and clarify how and what made in the rules framed by government to pursue Act. Though Information Commission has not exercised its power that been enshrined in the Act, so we have not adequate laws that benefits common citizen. In the guidelines there is rule who can be IC but they have taken the last option into first option, to make Administrators as IC. The person in the chair of IC must be of having knowledge over Law and to interpret it properly that benefits people. Rule can not overwrite Act, Act can not overwrite Constitution. In this connection Article 14, 19 and 21 are important in the constitution. Problem has occurred due to controversy in Article 3 & 6. It is the time for Time Justice rather than Delayed Justice where each citizen gets justice in time.

Delayed means we have deprived citizen in getting its rights denouncing Law. He stressed that Acts must be simple, correct and logical, no need of interpretation. In the process of application by a citizen seeking information, PIOs are trying to frustrate people by misguiding, rejecting out rightly showing unethical reasons which is wrong and unconstitutional. For good governance we are not going to achieve substantive part. Due to colonial mind set, PIOs avoiding the real essence of democracy. We can approach court in case of wrong interpretation; wrong judgment cases but not for Appeal, as the Act keeps silence on this. Justice Bhagawati can not technically reject because peoples fundamental right is rejected. It is not meant to strangulate the spirit of the Act.

By Balaram Behera: President, Apex Body of Slum Dwellers

Addressing gathering, Mr. Behera said that There is no need of RTI for poor and labor class. In every Act there is a small hole for an elephant to escape. As I see, there is no body in my slum that can fill up the forms under RTI. In every town there are 10% of total lands for landless in the town that mentioned in the 1982 BDA Act. Sharing his experience of how the officers keep information secret, he said that when he sought information about the file relating to rehabilitation for the slums of Patharbandh and Mahisikhal, it was found missing. But again, the file was found in 2009. Discussing about urban governance system, he said that Mayor is bound to obey the decision of Standing Committee. During Biju Patnaik period, CFD committee was formed to suggest to Govt. for development of Slum-dwellers. The Team was sent to visit Pune and Maharastra to understand and gain knowledge about development work undertaken for slum-dwellers. As he was part of the team, he produced the detailed report to Govt. But nothing did happen. As we reside on Govt. land, Mahasangh(Apex body of Slums) is bound to support the party in power.

Second Day (11.3.2012)

Mr Tapan Mohapatra recapitulated whole of the first days discussions in detail that eases the second days deliberation and moderation by the panelists in their whole session business.

Technical Session III

Focus Area Appellate Mechanism Constraints and the Remedial Measures This session was presided over by Prof. Digambar Satpathy and Panelist was Mr Pradip Pradhan, State Convener, Odisha Soochana Adhikar Abhijan and Mr. Satya Prakash Nayak, Bureau Chief, Kanak TV.

Pradip Pradhan, State Convener, Odisha Soochana Adhikar Abhijan Referring the issue of trust deficit among RTI Activists and Soochana Commission spoke by Mr. Tarun Kanti Mishra, SCIC during inaugural session; he said that the Information Commission itself has destroyed trust of RTI Activists by filling defamation case against two RTI Activists in Bhubaneswar Court. Mr. D. N. Padhi, former Chief Information Commissioner and Mr. Jagadanand, State Information Commissioner has destroyed the credibility of the Commission by going against the RTI Act. The inefficiency of the Commission and their engagement with socalled awareness campaign made pendency of huge cases in the commissions office. Now more 9000 cases are pending that the way the Commissioners hear the case, it will take five years to dispose it. An alarming issue that has been noticed in the Commission that the Information Commissioners are disposing the cases without hearing by simply remanding to the 1st Appellate Authority. In thousands of cases which have been remanded to the 1st Appellate Authority, the complainant/appellant-citizens neither get information nor is the PIO imposed penalty. Use of language by the Commission is the biggest issue. Though RTI Act mandates disclosure of information to be in local official language, but the State Govt. and the Commission make all correspondence in English language for which thousand of poor people, tribals and dalits could not go through the information obtained through RTI and the case related letter from the Commission which is always in English. Raising the inefficiency of the Commission in respect of disposal of the cases, Mr. Pradhan said that as per the information obtained from the Commission, only 7 number of cases are heard and 3 cases disposed per day which is very less and minimal in respect of Central Information Commissioners or other State Information Commissioners who are disposing 250 to 350 cases per month. Another astonishing point is that the State Commission is not hearing section-4 related complaint cases. Both the State Govt. and the Commission is collecting fees for information from the BPL people. These are few examples of undeclared war against RTI and the Citizens at large. In view of this deplorable situation, if the RTI Activists oppose and criticize the Commission, then the Commission will talk of trust deficit.

Mr. Satya Prakash Nayak, Kanak TV:

Eulogizing RTI Activism, Mr. Nayak said that RTI Activists and media should go hand in hand to fight out corruption through use of RTI. He presented few examples how corruption has been exposed through RTI. Last year, Mr. Nabin Patnaik, Chief Minister of Odisha flew to Delhi using Chartered flight without any official work for which the State paid Rs. 25 lakh. The Collectors are purchasing sophisticated vehicles from SSA Fund. As a Journalist, I am quite happy with my profession. Similarly, RTI Activists should be happy with their profession. We have a long way to go to bring transparency and accountability in the administration.

Suggestions by participants Mr. Sanjay Panda, RTI Activist, Rourkela a. RTI Application Form should be withdrawn and there should be no form. b. RTI should be included in school course curriculum. Mr. Babaji Charan Sahoo, Siripur In our area, the Police is harassing a lot. When we go to Police station to lodge FIR, the police do not receive it. Rather misbehaves. The police station is not providing any information. There should be punishment for the person who is not providing information Media should take and highlight these cases.

Mr. Somnath Patnaik, Human Rights Activist, Jagatsingpur There should be committees from GP to district level to carry forward campaign on RTI. Media should be serious to highlight cases of Human Rights.

Mr. Tapan Samal, RTI Activist Salepur, Cuttack There should be Law to protect RTI Activists who are found tortured, humiliated and harassed by the administration.

Mrs. Parilata Mohapatra: In a case of BUCF case in Dumduma 1st Appelete authority rejected but did not hear. Again called to provide info but asked voter I card which was not told. If there will be changes in GA department, then people will be benefitted. They are showing mistakes in pension section. If one is not from BJD political party, no help is there for one in any case By Khirod Routray If fence destroyes farming, there is none to speak. There is a game like hid and sick Pradip apprised that up to date 21 activists have been murdered and 13 jailed by filing Cases against RTI act violation.

Special Session:
Case study presentation by RTI Activists Mr. Karunakar Patnaik presided over the meeting and requested the participants to make any presentation on success stories or issues with regard to RTI.

Mr. Kunja Bihari Patra, RTI Activist, Daspalla a. Through using RTI, he has succeeded in ensuring rice to 12 families under Antodaya Anna Yojana. These beneficiaries despite their name in the list are not getting their entitlements. b. I have been threatened by officials several times and false case has been registered against me in the local police station. Recently, with the help of Pradip Pradhan, I got bail from High Court. c. I have filed around 150 complaint cases in the Commission. IC is protecting PIOs by allowing Advocates in place of PIOs. d. In the matters of land, people are being exploited by advocates and office staff. e. I hope the incidence of corruption will decline if information is sought through RTI by large number of RTI Users. Nargis Baghar, Kakatpur Farmers are being exploited when Mandi purchages paddy @900/- and sells it @1500. 1000s of bags of paddy are horded. NREGS is in the name of dead persons. Irrigation money swallowed by 14 lakhs Officers are calling me for compromise, why ? Have I quarreled with somebody ? JE , Sarpanch have united to cheat over roads. Such type meets to be villages; we have to control the anti elements.

Mr. Purna Chandra Dhal, Subarnapur Since 2008 I have been associated with RTI, but none have provide me information Redhakhol DFO is very corrupt, not providing information. Told me that I must not interfere in Jungle matters, be happy with salary NREGS public road is closed, blocked by keeping stones. The contractor is seeking opportunity to attack me In plac of 25 kgs provided rice 15 kgs If government and police will obstruct how will RTI will move forward ?

By Aswiny Nayak, Nimapada Faught for a disable women related to Anganwadi, they threatened, CDPO asked me for compromise in lieu of taking money. BDO provided RTI file and persuaded to decline, lastly the disable person got the job Nirmal Puraskar for construction of less than 100 latrines. They threatened me and offered me money. The case is with IC They are forging signatures, its a matter with NGO and GP tactics

Nirupama Mohapatra There was a personal quarrel with Sarapanch, they pierced a iron rod in her genital organ. We filed a FIR but no copy issued to us nor registered the case. After that FIR is lodged but did not arrest. I will intervene at Governor; the case has not been moved forward yet. By K K Patnaik There is no target for Sec 4 display that directs suo moto disclosure of information on 18 different heads in any given office coming under RTI purview. He was so optimistic over the civic engagement that will bring changes in exercising RTI in the state, but we have to wait , no need to be impatient. He wondered that in the case of selection of Information Commissions, why selection from lower side of the Act that direct to select? The last options are to select ICs from administration background but there are many other pro Act points to be followed while selecting ICs His recommendations for State Govt. Ultarvires and illegal provisions of Orissa RTI Rules like Compulsory application Form, submission of proof of citizenship along with Application Form A. Opening of Rural and Urban RTI centers Resource for RTI campaign Budgetary allocation at each department from MLA MP LAD and % from department budget heads Effective enforcement of Section 4 Creation of high power committees as forest department by reviewing repeatedly Ask certificate for disclosing under Sec 4, department wise. Inspection for Sec 4 Agitation at department level against fees collection Abolition of appeal procedure, forms and fees Take RTI to grassroots / village people A sample of RTI application in 50000 villages, and distribution of leaflets to educate for 6234 GPs, 354 slums

By Panchanan Kanoongo, Former Finance Minister At the outset he mentioned about Attitude and resolution to not to provide answer/information to the public. This short of conviction is not at Assembly also as they say the information is being collected, we do not know when it will be collected and provided to the person who asks or seeks information. There are autocratic attitude among authorities. The firmness within, will lead us forward in service to mankind. There should be RTI studies in school curriculums from class seven so that children could be well conversant about their citizenry duties and rights there of in building corruption free state of affairs. There must be establishment of a Bench of commission that should award penalty soon to fix authorities to respond citizens demand. There must be another 4 IC posts to be filled in soon to expedite cases and justice thereof.

There should be case disposal like camp court in different areas and within Commission itself. The good and transparent person in a system have no space, if it prevails, machinery will not work. There should be RTI police station through out Odisha to handle cases related to RTI to be opened in SP offices. We should fight to make court, police station and Assembly more transparent. The sample drive of submitting development related RTI application let it be started from 100 slums of Bhubaneswar and in due course of time it will be scaled up and regulated. The retired persons should not be under ones regime. Why a retired person, a bureaucrat will be a CIC ? There must be public notification and selection procedures for ICs engagement His recommendations were as follows: The house unanimously reached with the following recommendations for the State Govt. and State Information Commission to take measures for effective implementation of RTI Act in the state. A. Ultravires provisions of Orissa RTI Rules like Compulsory Application Form, production of proof of citizenship at the time of seeking information filling Form A. Why substantial fund and PIO appointment by NGOs? ULB RTI filing as practiced in Rural areas to know, schemes, duties Corporators, councilors Mayor has egos that do not allow transparency and common access to information Advance against corporators/ councilors after end of tenure Why we can not appoint 7 or 10 ICs, why 3 ? We have to form a Core Group to interact with PR department soon We should identify pro Act MLAs

The house decide to sit with some members in coming weeks to finalise the Core Group that will interface with government over the issues, challenges and recommendations for effective and accessed RTI provisions that citizen need in Odisha. Overall Recommendations from the workshop: At last the house unanimously came out with following recommendations for State Govt. and State Information Commission with a view to ensure effective implementation of RTI Act in the state.