Narayan Varma

Chartered Accountant      

 

The Right To Information Act, 2005

  

Transparency in governance should be the central principle on which any democratic Government must function.            

 

The Right to Information Act, 2005 (the Act) is enacted to achieve the above principle.  Preamble to the Act states: it is “An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto”.

 

The Act received the assent of the President of India on 15.06.2005.  The operational provisions of the Act become effective on the 120th day of its enactment i.e 12th October 2005.  This day is DASSERA; it symbolizes ultimate triumph of good over evil.

 

It was on 3 December 2002 Lok Sabha passed the Bill: “ The Freedom of Information Bill, 2002”.  It was to come into effect on such date as the Central Government may, by notification in the official Gazette, appoint.  Such notification never got issued.

 

Name of the Act is now changed from “Freedom of Information” to “Right to Information”.  This is done based on the advice given by the National Advisory Council.  With this Act coming into effect all Acts of the State Governments operating in different States on the Right to Information are repealed.

 

In the preamble to the Maharashtra Right to Information Act, 2002, the Object of such Act is very well put.  It reads “WHEREAS the Right to Information is the bed-rock of democracy and can 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; ------------------------------------------------------------

 

Let us hope that the Central Act which came into effect on Dassera triumphs over secrecy, non-accountability, corruption etc. in the Government administration.

 

In a democratic society the citizens have duties and rights.   Right to vote is the citizen’s duty.  To get information from the Government departments and non-government organisations substantially financed by the Government is the citizen’s right.  It is not a favour but a right.  The right of the citizen is now recognised and codified by law. Under the Act,   “Right to information” means the right to information accessible under the Act which is held by or under the control of any public authority and includes the right to –

(i)                inspection of work, documents, records;

(ii)              taking notes, extracts or certified copies of documents or records;

(iii)            taking certified samples of materials;

(iv)            obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

 

Obligation is also cast on public authority (extensively listed under the Act), to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the access to the information under the 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. Public authority has also to publish within 120 days (i.e. by 12.10.2005) various information.  The list includes (a) the norms set by it for the discharge of its functions  (b) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions

 

In Mumbai, various Central Government tax departments have designated number of Central Public Information officers (CPIO) and Assistant Public Information Officers(APIO).  Income tax department has designed 115 CPIO, normally for CCITs, he is AC in his headquarter and for the offices of CITs & CIT(A)s the concerned CIT/CIT(A) is designed CPIO.  Office of the Service tax Commissioner has appointed Jt. Commissioner (Tech) as CPIO and AC(HQ) as  APIO for Headquarter section and six assistant/ deputy CIT as APIO for six divisions.

 

As per newspaper report, recently R to I Act has been instrumental in getting razed illegal garden shed in Worli, Mumbai.  As report states: “For the last three years, the NGO refused to remove the shed even when they were instructed to do so by the ward office.  One application made under MRTI was enough for the officials to sit up and take notice”.  Let us hope that our members and citizens become active to bring speedy and improved administration in Central Government Offices.

 

For Information to all:

BCAS foundation is drawing plans to play a significant role in promoting the spirit & purposes of this Act.   Details shall be communicated from time to time to BCAS members.  Any member wishing to participate may communicate to BCAS his willingness to join.