Unauthorised occupiers owe CPWD 63 lakh.

Economic Times:Monday, October 31, 2011.

NEW DELHI: Seven senior politicians, who unauthorisedly occupy government accommodation, owe over 63 lakh as rental dues to the government. These political leaders include Jagdish Tytler, G Venkataswamy and Jagan Mohan Reddy.

According to an RTI reply provided by CPWD, dues of former Congress MP G Venkatswamy is 29.4 lakh, former sports minister Tytler's dues is 19.1 lakh, BJP's former Lok Sabha MP Sangita Kumari Singhdeo's is 7.39 lakh, Kadapa MP Jagan Mohan Reddy owes over three lakh, former Rajnandgaon MP Devwrat Singh 1.74 lakh and Rashtriya Janta Dal's former Rajya Sabha member Ram Deo Bhandary 43,416.

Father of BJP's late Rajya Sabha MP Krishan Lal Balmiki has dues of 1.83 lakh, the reply providing "statement of dues against MPs/Ex-MPs who are in unauthorised occupation of government accommodation" said.

According to the statement provided to RTI activist SC Agrawal, INLD's former Lok Sabha MP Ajay Singh Chautala and Congress' former Rajya Sabha member Gireesh Kumar Sanghi are also unauthorised occupants but do not have any dues against them.

The RTI activist said the government did not respond to his query on the 6 Krishna Menon Marg, a house under the possession of Speaker Miera Kumar. "According to CPWD, the house is still under her possession even after she was allotted bungalow-number 20 at Akbar Road in her capacity as Lok Sabha Speaker. Same holds good for many political parties who are still occupying premium flats at New Delhi's Vithalbhai Patel House despite being allotted land or government-bungalows," Agarwal said.

APPSC in soup for rejecting SIC ruling.

IBNLive.com:Monday, October 31, 2011.

HYDERABAD: In what could turn out to be a major cause of embarrassment to enforcers of the RTI Act, the Andhra Pradesh Public Service Commission in a letter dated October 19, rejected a directive from the Andhra Pradesh Information Commission to furnish answer sheets of a test conducted in 2008 as requested by an individual under grounds the request is not feasible for compliance.

The APPSC’s letter is in direct defiance of Section 19 (7) and (8) of RTI Act 2005, which clearly states “the decision of the Central or State Information Commission, as the case may be, shall be binding.”

Chief information commissioner Jannat Hussain expressed disappointment over the development.

"A recent Supreme Court ruling directed a person can view his/her answer answer sheets of any exam, since they are objects in public domain. The directive issued by the APIC is based on this ruling and final. If the decision was felt as wrong by the APPSC, they should have filed a petition against the directive with the HC or SC and not replied through a letter," he said.

The individual who filed the complaint against the APPSC is Sri Kadiyan Sekhar Babu from the Guntur district. He filed an RTI application on September 2, 2009 requesting certified copies of answer sheets relating to Group-I main exam held in August 2008. With no reply in sight, he filed his first appeal a month later, to which the APPSC responded the information required could not be furnished. Babu filed his second appeal with the APIC in March 2010, referring to the successful appeal of a similar RTI request by one Dr L Srinivas versus the NTR Health University earlier that year.

After a thorough perusal of documents submitted, the APIC with regards to a Supreme Court ruling on August 9, 2011 (which demerits the claims of examining bodies to right of confidentiality and fiduciary over answer books), directed the APPSC to furnish the required information as sought by Babu, free of cost, within 30 days in an order dated August 19.

Law Min not to make Dinakaran's resignation public.

Zee News:Monday, October 31, 2011.

New Delhi: The resignation of former Sikkim High Court chief justice PD Dinakaran is a secret document which serves "no public interest" for the Law Ministry but the President's Secretariat has no such hitch in making it public under the Right to Information Act.

The decision, which brings out inconsistencies, in the implementation of the RTI Act in the Government, came out when an information seeker sought the copies of resignation tendered by Justice Dinakaran who faced allegations of land grabbing and corruption.

In response to identical applications directed at President's Secretariat and Law Ministry, the Rashtrapati Bhavan was forthcoming with detailed response and provided the copies of resignation tendered by Justice Dinakaran and the subsequent letter by him seeking to withdraw it.

The Law Ministry, however, referred the matter back to Justice Dinakaran seeking his views on the disclosure of the letter under section 11 (1) of the RTI Act related to third party information. Justice Dinakaran "objected" to the disclosure of the letter.

"In response Shri Justice (Retd) Dinakaran has objected to disclosure of letters. The matter has been examined and it is felt that no public good will be achieved by disclosing information contained in the letters of Shri Justice (Retd) Dinakaran. The information, therefore, cannot be provided," SK Shrivastava, Deputy Secretary to Law Ministry said in RTI reply.

In a similar incident last year, the Law Ministry had released the letter written by the then Chief Election Commissioner N Gopalaswami to the President seeking removal of fellow Election Commissioner Navin Chawla, while the Rashtrapati Bhavan declined to make the document public.

The Law Ministry in its response said, "Under proviso (a) to Clause (1) of the Article 217 of the Constitution of India, a judge may, by writing under his hand addressed to the President, resign his office.

"As per the settled law the resignation comes into effect from the date it is signed, unless a prospective date is mentioned. The resignation sent to be effective from immediate effect cannot be withdrawn."

In his resignation submitted to the President, Justice (Retd) Dinakaran has said,"I must confess with a very heavy heart that in spite of my Constitutional position, I have been denied fair opportunity to defend myself and my reputation by the Judges Inquiry Committee."

He said that he has "sneaking suspicion" that his "misfortune" was because he was born in "socially oppressed and under privileged" section of the society.

Dinakaran alleged a member of Judges' Inquiry Committee was "biased" against him and despite his best efforts that member was retained in the committee.

"Two hours arguments against the framing of charges was dismissed in two line order without any reason. It is therefore apparent that the illegalities already crept in due to the earlier participation, effective role and adverse influence of the biased member is still continuing," he said in five-page resignation dated July 29.

On August 4, Dinakaran wrote another letter to the President seeking withdrawal of resignation and treating period between July 30-August 4 as "earned leave."
"Having thus explained my serious grievances and the reasons for tendering my resignation letter dated 29th July 2011, I am of considered opinion with full faith and confidence that I would be definitely getting justice from the Highest Institution of this Nation, Your Excellence the President of India and hence I hereby withdraw my resignation letter," he wrote to the President.

Curb fake currency to check inflation: RTI activist

Business Standard: Joe C Mathew:New Delhi:Monday, October 31, 2011.

Struggling hard to control surging inflation by making credit dearer, the Reserve Bank of India has got a peculiar suggestion: focus on counterfeit currency to fight spiralling prices.

The prescription came through an application under the Rights to Information Act by an activist from down-south Kerala state.

“In our country, where unaccounted and forged money are prevailing, if we ensure the security of the notes seriously, we can easily put the price index to a low level,” according to R Murali’s application to the central bank.

To a query on what action RBI has taken in this regard, the latter refused to answer, saying this is not information that could be given under the RTI Act. The applicant also suggested a change in the design of the notes and the circulation of the new-look ones to offset the menace of the conterfeit currency floating in “large scales”. The central bank refused to answer this too.

However, RBI did inform the applicant that the process of strengthening design and security features was completed earlier in 2005 and the central bank periodically reviews these issues. There is no official estimate of the fake currency in circulation, thus making it difficult to assess its impact on fuelling inflation, it added.

However, earlier this year, Global Financial Integrity had said the counterfeit rupee was becoming a cause of concern in India. “Fake rupees are believed to be printed in Pakistan and then channelled through Dhaka, Bangladesh and Bangkok, Thailand into Kathmandu,” according to its February report on ‘Transnational Crime in the Developing World’.

The report had said Indian authorities estimate that as many as 400 million fake rupee notes with a value of some $9 million are in circulation in the state of Uttar Pradesh alone. Also, fake currency dealers in Nepal projected in 2009 that India would, by 2010, see the circulation of fake currency with the face value of nearly Rs 10,000 crones ($2.2 billion).

RBI, in November 2009, had instructed banks to reissue notes in the denominations of Rs 100 and above over their counters or through ATMs  only after machines checked and confirmed their authenticity. For this purpose, banks should use such machines in all their branches having average daily cash receipts of Rs 50 lakh and above, the central bank had said.

This year, wholesale price-based inflation in India refused to come below the nine per cent mark till last month, despite successive rate hikes by RBI. This, when the central bank had raised policy rates 13 times since March, 2010.

Don't bring changes to RTI: Advani.

Hindustan Times:Thiruvananthapuram:Sunday, October 30, 2011.

Opposing the move to dilute the RTI Act, BJP leader LK Advani on Saturday said Prime Minister Manmohan Singh's talk of a relook at the Act could be due to "sharp" differences between some of his ministers giving the impression of a "civil war" within the government.

"I see no reason for the talk of a critical relook at the RTI except for the fact that differences between (Union ministers) Pranab Mukherjee and Chidambaram came to fore very sharply and gave the impression of a civil war going on within the government. That is the only reason for the anger of Prime Minister against RTI," he told reporters here.

BJP was totally opposed to any move to dilute the Act, through which some of the major corruption cases had come to light, he said.

UPA government, which claimed RTI as one of its major achievements, was now trying to have a relook at it as certain corruption exposes had materialised through the RTI itself, Advani said. "We are opposed to any change of any kind in the RTI law," he said.

Asked if the BJP had the moral standing to take on the Congress on corruption when former Karnataka chief minister BS Yeddyurappa was in jail, Advani said, "I have ever spared anybody and have given my position on Karnataka and nothing more to say on that."

Asked whether the yatra was meant to project himself as a Prime Ministerial candidate, he said the party's stand would be decided at the time of elections. "When elections come, we will declare what has to be declared", he said.

Prime Minister Manmohan Singh had said a critical look must be taken at the RTI Act and concerns on it discussed and addressed. "The Right to Information should not adversely affect the deliberative processes in the government," he had said.

RTI applicant from Mkg seeks action against PIO.

MorungExpress:Sunday, October 30, 2011.

Dimapur, October 29 (MExN): A social activist seeking information under the Right to Information Act (RTI) 2005 has sought action against the Public Information Officer (PIO) of Hindustan Paper Corporation Limited (HPCL) for not providing the required information. The applicant has written to the Central Information Commissioner to initiate action against the errant PIO for not furnishing information regarding the expenses incurred for the rehabilitation of the NPPC Mill at Tuli in Mokokchung district.
The applicant has furnished copies to support his claims that the PIO of HPCL failed to provide information sought by him within the stipulated time. Under RTI, the applicant sought information on the expenses incurred amounting to Rs. 3,675.56 lakh for rehabilitation of NPPC on July 13, 2011. The applicant claims that he sought the information regarding the mismanagement of fund allotted for NPPC to a tune of approximately 4 crore rupees by the Corporation. However, till date no intimation or response has been given by the POI even though the provision of the Act demands that information should be furnished within 30 days.
The applicant has, therefore, under section 19 of the RTI Act approached the Central Information Commissioner (CIO), New Delhi to take action upon the PIO for not furnishing information sought in public interest. A copy of the letter addressed to the Central Information Commissioner has been forwarded to the PIO, HPCL, the Commissioner and Secretary, Department of Industry and Commerce, Nagaland and the Directorate of Industry and Commerce, Nagaland.

KU under scanner for appointing woman professor.

The Times of India: Pradeep RaiPradeep Rai:Sunday, October 30, 2011.

KURUKSHETRA : Yet to come out of the controversy arising out of the appointment of principal inuuniversity school, the Kurukshetra University authorities have once come under scanner. This time for appointing a woman associate professor by not fulfilling the minimum eligibility for the post.

Appointment of Madhu Deep Singh, as associate professor came to light on the basis of information procured by professor Ashutosh Mishra, a former KU faculty, who procured the information through Right To Information (RTI) Act.

Armed with the information procured under RTI Act, three candidates have announced to approach the Punjab and Haryana High Court to challenge the selection.

The incident dates back to the year 2007, when Madhu Deep alleged to have been appointed in the Institute of Mass Communication and Media Technology in violation of rule book, especially when it comes to fulfilling basic educational qualifications for the post, as prescribed by the University Grants Commission. The information provided by KU under RTI suggests that applicant misguided the authorities while furnishing information in the column of academic record and experience.

Notably, concerned branches of the university did not even check all original documents of the candidate to ascertain that if one had provided true information in application form. The irony is that the KU authorities did not take objection when her original documents proved that information was incorrect.

According to the post advertised by KU on June 2006, the minimum eligibility for the post was that ' the candidate should have 55% marks in post graduation along with NET qualifixation. Apart from this, the candidate should have good academic record-minimum 50% marks in two classes out of matric, Ten Plus two and graduation. But the woman professor did not fulfill the condition of good academic record as she passed matriculation with 50%, 12th with 44% and BA with 44.3%.

Madhu Deep was appointed ignoring more than dozen candidates who had a meritorious record. Professor Ashuthosh Mishra, a former teacher of the department, who had resigned from KU for raising voice against fake appointment. The university has procured this information from KU. He is working as RTI activist for bringing into light academic fraud. Professor Mishra said, " I have written to Dr DDS Sandhu, VC KU for terminating teacher's appointment by ignoring rules."

Dr DDS Sandhu , VC said, "I have received letter in this regard. Objection made by RTI activist is prima facie genuine. I will take strict action if inquiry proved the appointment wrong."

‘Why are you torturing yourself Mr CM ?’

Pune Mirror :Anosh Malekar:Sunday, October 30, 2011.

Sharad Pawar says it requires certain skills to run a coalition, and it takes guts to arrive at decisions. Maharashtra Chief Minister Prithviraj Chavan, he hinted, lacked both.
Speaking to Pune Mirror from his sprawling Govind Baug residence at Baramati, the National Congress Party (NCP) boss unleashed several fire-works during the interview that lasted over two-and-half hours. The timing of these barbs, mostly directly at Chavan was interesting because the NCP top brass is meeting on November 2 to decide the strategy for state-wide elections of local bodies.

Reacting to Chavan’s recent statement in Kolhapur while inducting known Pawar baiter Sadashivrao Mandlik into the Congress that people were disillusioned with the NCP, Pawar said: “Agraha Aahe Ka? Ka Yatna Karun Gheta. (Is there a compulsion (to be with NCP)? Why are you torturing yourself?).” He then went on to reminisce about his own term as the first coalition chief minister in Maharashtra way back in 1978.
“It requires certain skills to run a coalition government. You have to follow coalition dharma. Sixty per cent of governments around the world today are coalitions. You cannot blame coalition partners for lack of development initiatives. Fact is in this country and state, no single party is in a position to come to power on its own,” Pawar said.
The Union agriculture minister said Maharashtra continues to maintain its position among the country’s developed states, but quick decision making would be crucial for its future development. “It takes guts to arrive at certain decisions. You cannot be sitting on files for months together. People like leaders who take decisions. Antulay (former state chief minister) was controversial, but was liked by people for his decisiveness.”
Pawar said that at the NCP meet on November 2, he would be discussing with his party ministers how to boost growth in the State. He, however, admitted that Maharashtra was unlike Gujarat, where one man called the shots and nobody dared to challenge him. “Maharashtra cannot offer land to Maruti Udyog or a power project without facing opposition from every possible quarter. Every development project like Jaitapur is faced with stiff opposition in the state,” he said.
Referring to the civil society, Pawar said although there was nothing wrong with individuals or groups without people’s mandate airing their views, their insistence on being part of the decision making process would prove harmful to democracy. Criticising the democratic system is all right, but causing public unrest is wrong. The honour of institutions like the Parliament, Prime Minister’s Office or the office of Leader of Opposition should be upheld,” he said.
When asked if governments and bureaucracy can ill afford transparency as demanded by Hazare and his supporters, Pawar said, “I am of the view that a strong Lokpal Bill was needed. The right to information should be there. But the way the RTI Act was being misused to blackmail and run air-conditioned shops by some elements should make us rethink its purpose.”
He agreed with the State chief minister’s observation that the RTI was causing the bureaucracy to err on the side of caution. “I have observed the bureaucracy for over four decades. Never have I seen senior bureaucrats shy away from giving impartial advice to governments and ministries. Nobody wants to commit now least the confidential remarks become public through the use of RTI.”
Pawar said the country was led by a Prime Minister who was admired across the country and the world over for his clean image. “Still there is a nagging doubt in the public mind. If this air of suspicion is not cleared, it will affect the country’s overall performance. I feel there is nervousness even among the industry captains and this will adversely affect the economy.”
But while taking corrective measures, UPA-II should watch out against taking “populist” decisions like the Food Security Act and NREGA, he said. “We need to rethink how much subsidy the country can afford, though subsidies may be essential for the poor.”
Pawar said Manmohan Singh’s style of functioning differed from Indira Gandhi’s, as he sought a dialogue before imposing any decision on the country. “But it is important that we let the doctor decide whether the patient requires a course of tablets, a dose of vaccines or a surgery. Let us not kill the patient by unilaterally deciding upon a major surgery.”
That was Sharad Pawar. At 71, with a political career spanning more than four decades. His political cards still held close to his chest.

11 educational institutes flout govt land lease norms.

Daily Bhaskar:Saturday, October 29, 2011.

Pune: Eleven educational institutes in the district that had acquired government land on lease were found to be flouting the terms of the lease and had either used the land for commercial purposes or not commenced construction within the given time frame.

DNA obtained this information through a right to information (RTI) query with the revenue department of the Pune district collectorate, seeking details of government land given on lease to educational institutes over the last decade.

The query also asked for a list of educational institutes that had flouted the terms and conditions of the lease. Bharati Vidyapeeth and the Pune International Marathon Trust of the now jailed city MP, Suresh Kalmadi, figure prominently among the 11 institutes.

In the given time frame the revenue department had leased out land to 143 educational institutes in all talukas in the district, except Velhe. The terms of the lease included starting construction within the specified time and that the land should be used only for educational purposes.

Documents given to DNA reveal that of the 11 institutes, nine have not developed their land. Sarhad has used for commercial purposes 4,000 square metres of the land given to it in Katraj, while Bharati Vidyapeeth had only partially utilised the land leased to it in Lohegaon.

The 10 hectares given to Maharashtra Mahatma Gandhi Smarak Fund, Kothrud, have been encroached upon as it was allowed to lie unused. On their part, the tehsildars concerned submitted their findings to their higher-ups and are awaiting action.

Six years of RTI: Time for the government now to bravely abide by the Act, not tame it

Moneylife:Vinita Deshmukh:Saturday, October 29, 2011.

Six years of RTI’s existence has empowered the Indian citizen as a proactive partner in governance like never before since Independence. But the government has not been able to digest it, ever since its implementation. Instead of trying to dilute or scuttle the Act, it’s time the government abides by Section (4) norms of ‘suo motu’ disclosure.

Apart from Prime Minister Manmohan Singh, whose innocence and ‘clean image’ stands exposed thanks to scandalous revelations through the RTI (Right to Information) Act, it is but natural that Union Minister Vilasrao Deshmukh should have apprehensions about the same.

Recently, he publicly declared that liberal use of RTI has made officials apprehensive about “noting on files.” He has been an indirect victim to it, as Dow Chemicals which was setting up a manufacturing unit under the garb of a Research Centre in Pune had to be asked by him through an SOS call from London (where he was on an official visit), to stall its construction. He was the then Chief Minister of Maharashtra and a letter written by Dow had revealed that he had taken personal interest in bringing the plant to Pune. All this was thanks to revelations under Section (4) of the RTI Act which included file notings as well.

When I did inspection of files under Section (4) of the Act to find out the nature of permissions given to Dow Chemicals for constructing its plant (it was being touted as a ‘Research Centre’ by the multinational) in a non-chemical zone in Pune, file notings of the Maharashtra Industrial Development Corporation (MIDC), Pune, had revealed unreasonable favour given to Dow in term of quick land allocation which is otherwise hard to get for a chemical project as it involves stringent environmental clearances. However, file notings on a document by the CEO, MIDC stated “This is a prestigious project. Just get it examined from the pollution point of view and put up in 7 days.” Subsequently, another file noting by the CEO, MIDC stated with a desperate note, “This is with reference to application of Dow. Please discuss. This is urgent. Ask RO Pune to submit a report in two days on Dow.”

No EIA (Environment Impact Assessment) was done; there was no comprehensive Disaster Management Plan in place and there were no required environmental clearances from the MoEF (Ministry of Environment and Forests). Despite this, 100 acres of land was given away at a throwaway price for what was touted to be a Research Centre. It’s a long story to write here about how inspection of files proved that the state government had bent backwards to accommodate Dow, but suffice to say that finally the multinational voluntarily withdrew from Pune district as it could not suffer opposition of villagers, the prime stakeholders.

The point is, as citizens, we have a right to know about every step of a decision that has been taken by the government, when it involves the public at large. This is often revealed in file notings, as a file passes forward from the junior officer up to the Minister and at each step, remarks reveal information beyond

black & white typed words on the document. Hence, eminent personas who had drafted the most dynamic RTI Act and thereafter made it into law, penned that Section (4) makes it mandatory for every government department to ‘suo motu’ disclose such information in the public domain, preferably on websites. Section (4) (c) states: “Publish all relevant facts while formulation of important policies or announcing the decisions which affect the public.”

So, Mr Deshmukh’s insistence that the progress of a proposal should be out of the public domain is more to do with protecting vested interests. A wish that is perhaps shared by most politicians and bureaucrats, but one that has time and again been scuttled by stalwart RTI activists like Aruna Roy and Anna Hazare, when the aspect of deleting file notings had been proposed earlier also.

Also, instead of trying to nullify the RTI Act, it is time that the government functions in the true spirit of the Act as well in the spirit of good governance and transparency, so important in a democracy.

For six years, it is only citizens who have kept the Act alive it’s time the government now does so, for a change, by abiding by the rules of Section (4). Section 4 (2) states: “It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information ‘suo motu’ to the public at regular intervals through various means of communications, including the Internet, so that the public have minimum resort to the use of this Act to obtain information.”

WHAT INFORMATION CAN YOU GET UNDER SECTION (4) ?

As a citizen, you should know that every government department must compulsorily put up in the public domain, the following information, even without a citizen asking for it under the RTI Act: 

1. The particulars of its organisation, functions and duties;
2. The powers and duties of its officers and employees;
3. The procedure followed in the decision-making process, including channels of supervision and accountability;
4. The norms set by it for the discharge of its functions;
5. The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
6. A statement of the categories of documents that are held by it or under its control;
7. The particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
8. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for the public;
9. A directory of its officers and employees;
10. The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
11. The budget allocated to each of its agencies, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
12. The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
13. Particulars of recipients of concessions, permits or authorisations granted by it;
14. Details in respect of the information, available to or held by it, reduced in an electronic form;
15. The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
16. The names, designations and other particulars of the Public Information Officers;
17. Such other information as may be prescribed; and thereafter, update these publications every year;

c) Publish all relevant facts while formulating important policies or announcing the decisions which affect the public;

d) Provide reasons for its administrative or quasi-judicial decisions to affected persons.

WHAT SHOULD YOU DO IF YOU DO NOT GET THE INFORMATION ?

1. Write a letter to your Information Commissioner with a complaint that the department is not abiding by Section (4) rules of ‘suo motu’ disclosure. Information Commissioners like Vijay Kuvalekar (Pune) and Shailesh Gandhi (Delhi) have acted upon such complaints by either slamming a penalty on the head of the departments or by ordering them to disclose information in the public domain within a specified time.
2. Form a group and visit government offices (that is, visit the head of the department) and ask him to show you how he has abided by Section (4). Take an RTI activist along so that he can appropriately guide you.
3. Thanks to Pune RTI activist Vijay Kumbhar and State Information Commissioner Vijay Kuvalekar, the Pune Municipal Corporation has kept every department open for file inspection, every Monday 3pm to 5 pm. Similarly, the Collector’s office, Pune, is open for file inspection every Friday
4. Dwarka-based RTI activist Rejimon CK suggests filing an application under Section (6) to find out whether government departments are adhering to Section (4)—however, please note that often government departments give insufficient information on their websites and claim that they are abiding by Section (4).

This is the format you can use:

To

The Public Information Officer,

.......................

........................

..........................

Sub: Application under the Right to Information Act 2005

Dear Sir/Madam,

Please provide the following information under the Right to Information Act 2005, with respect to

• 1. Under Section 4 (1) (a) of the Right to Information Act 2005, all public authorities are supposed to maintain all their records duly catalogued and indexed in a manner that facilitates the Right to Information. In this regard, what steps have been taken by your office to meet its obligation under Section 4(1) (a)? Please provide details of steps, mechanisms, process and/or systems adopted by your office to fulfil this responsibility.
• 2. Please provide certified copies of the instructions/orders etc. received from superior authorities with respect to implementation of the Right to Information Act 2005.
• 3. Under Section 4(2) of the Right to Information Act 2005, all public authorities have to ‘suo motu’ disclose information pertaining to their functioning as per the 17 points listed under Section 4(1) (b). In this regard please provide the following information:-

1. Has your office/department ‘suo motu’ made public information falling under all the 17 points listed under Section 4(1) (b)?
2. If yes, please provide information regarding the medium and format in which the information has been displayed.
3. Is this information easily accessible? Please list the options available to the public to access this information.
4. What steps has your office taken to provide as much information as possible ‘suo motu’ to the public so that they do not have to apply under Section 4 (2) of the RTI Act 2005? Please provide details of steps taken.
5. What steps have been taken by your office to disseminate widely the information with reference to Section 4 (1), in a manner easily accessible to the public? Please provide details of the steps taken for dissemination.
6. Has your office updated the information listed in the 17 points under Section 4(1) (b)? If yes, then please provide the dates on which the information was updated, the process undertaken to update the information, the officer(s) in-charge of ensuring that the information is updated and made available under Section 4(1) (b).
7. Has your office put up notice boards under Section 4 (4) (with reference to explanations), giving the details about the CPIO etc.; in its office and subordinate offices. If yes, then please provide certified copies of office orders sent to the concerned offices and action taken report received from them.
8. Has your office published all relevant facts while formulating policies or announcing decisions that affect the public as required under Section 4(1) (c)?
9. If yes, then please provide certified copies of notifications, orders, government resolutions, circulars and any other means of communication or documents, files including file notings through which the same was carried out.
10. What steps have been undertaken by your office to ensure that it provides reasons for its administrative or quasi-judicial decisions to affected persons? Please provide details of the process, mechanism and/or systems that are in place to meet this obligation under Section 4(1) (d).
11. With respect to point 3 (g) above, I would like to inspect the said work under section 2 (j) Subsection (i) of the RTI Act 2005. Please let me know the date, time and venue for the inspection.

The above requested information may be kindly furnished within the time period of 30 days as provided in section 7.

Please do not use any acronym/abbreviations in the reply. The reply should be in English under Section 7(9) of the RTI Act 2005.

If you do not directly deal with this application or a part thereof, kindly forward it to the right PIO under Section 6(3) of RTI Act with intimation to me. You are required to do so within 5 days of receipt of this application, as per Section 6(3) of the Act.

(Vinita Deshmukh is consulting editor of Moneylife. She is also an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She can be reached at vinitapune@gmail.com).

Culture of impunity bane of AFSPA in J&K.

Daily Pioneer:Khurram Parvez:Saturday, October 29, 2011.

Army generals and Congress politicians never tire of claiming that human rights offenders are “prosecuted”, but now findings from a RTI query has brought out the startling dimension of government insincerity which has only worsened India’s case in Kashmir.

Over the last 21 years, the Armed Forces Special Powers Act (AFSPA) and Section 197 of the CrPC have provided legal immunity to the security forces deployed in Jammu & Kashmir. The Government of India claims that despite the imposition of AFSPA, the mechanisms of justice are functional and these never fail to deliver whenever anyone is found indulging in human rights abuses. But the State Government, which, incidentally, is controlled by the same political coalition as in New Delhi, denies this. Facts put out by the institutions of the State Government contradict those that figure in the statements of mandarins in North Block.

Recently, this big mismatch came to the fore when an application under the Right to Information Act (RTI) by the Jammu Kashmir Coalition of Civil Society (JKCCS) to the J&K Government’s Home Department yielded unexpected results. Between 1989 and 2011, the State Government had approached the Centre for sanction to prosecute only 50 human rights violations under Section 7 of the Armed Forces Special Powers Act (AFSPA). Of these, 31 pertained to the Ministry of Defence (MoD) and 19 to the Union Home Ministry.

A startling fact has come to light thanks to the RTI. The Centre has treated the State’s applications most dismissively. Contrary to the Army’s and Centre’s claims that human rights violators are “punished according to Law”, the shameful truth is that 26 of the applications have been rejected outright and 16 others have been kept hanging.

Surprisingly, the State Home Department claims sanction for prosecution has been recommended in 8 cases. The State Home Department does not make it clear, what “recommended” means. Contradicting the claim of the State Home Department, the Joint Secretary, Ministry of Defence, on June 5, 2009 submitted an affidavit to the Jammu & Kashmir High Court in the case of Ghulam Nabi Magray Vs Union of India (Writ Petition no. 1842 of 2003), stating that they have received 35 cases from the Jammu & Kashmir Government for prosecution sanctions under AFSPA. But the truth is that they had received four more cases, which goes to the heart of the lie of the State’s Home Department. Meanwhile, the affidavit submitted by the Joint Secretary of the Ministry of Defence states that not even one sanction for prosecution under AFSPA has been given to the State Government.

Interestingly, in the list of 50 cases furnished by the State Home Department, two of the eight cases where it is claimed that sanctions have been given for prosecution, are from the MoD. The State Home Department version about these 2 cases is contradictory to the MoD. According to the MoD’s affidavit submitted on June 5, 2009, sanction for prosecution in the cases of FIR nos. 99/98 of Uri Police Station and 213/95 of Anantnag Police Station had been declined. But the State Home Department, in its September 6, 2011 communiqué, continues to claim that in both these cases sanction for prosecution was recommended.

Pertinently, in a very well known case of the killing of human rights defender Jalil Ahmed Andrabi ( FIR no. 29/97 of Police Station Saddar, Srinagar), the State Home Department claims that the prosecution sanction under AFSPA for the proclaimed offender, Major Avtar Singh, is awaited. On the other hand, the MoD’s affidavit claims that they have not received the case. Amazingly, there is another application for prosecution sanction under AFSPA against Major Avtar Singh under FIR no. 139/96 of police Station Baramulla, in which he is alleged to have killed one Imtiyaz Ahmed Wani in custody. According to MoD, the case is under consideration for prosecution sanction under AFSPA. Even though there is a “red corner” Interpol warrant against Major Avtar Singh, he is known to be living a comfortable life in the United States. The MoD, or for that matter the Government of India, is not doing anything to seek his extradition to face justice.

The information supplied by the State Home Department appears to be both inadequate and inaccurate when compared with the affidavit of the MoD. This contradiction exhibits both inefficiency and lack of any sense of accountability. These lacunae persist due to the culture of impunity which governs the movement of the security forces in Kashmir.

While upholding the Constitutional validity of the AFSPA, the Supreme Court of India ruled in the famous case of Naga Peoples’ Movement for Human Rights Vs Union of India that the provision of sanction for prosecution under AFSPA should be strictly adhered to. But what is evident in Jammu and Kashmir is that the government and Armed forces enjoy total immunity from sanctions. Additionally, a fiction of “accountability” is staged by the agencies involved, which, thanks to the RTI, has been exposed.

The writer is a Programme Coordinator, J&K Coalition of Civil Society

Rebel with a cause: Meet India’s youngest RTI activist.

Firstpost:Pallavi Polanki:Friday, October 28, 2011.

In his white and grey uniform, big school bag, bespectacled Mobashshir Sarwar stands out in the bustling premises of the Delhi High Court. The XII standard student has a date with the judge, one of the many he has had since he took his school to court for expelling him in December.

At 17 and already a 100-odd RTIs old, Mobashshir is no ordinary rebel. He has taken on the administration for everything from bad rotis served at the hostel to how school fee is being misused at annual functions by seeking information using the RTI.

No wonder then that on a Monday morning when his classmates were concentrating on finishing a three-hour exam paper, Mobashshir, having turned in his answer sheet in 45 minutes, was waiting in queue at the Delhi High Court to get his pass made.

On 20 December 2010, Mobashshir was sent an expulsion notice, banning him from campus and debarring him from exams for “unending complaints of misbehavior and indiscipline”.

In March, after his appeals to the administration fell on deaf ears, Mobashshir filed a writ petition in the Delhi High Court challenging his expulsion. The school, since, has been directed by the high court to hold supplementary exams for Mobashshir and allow him to attend classes while the case remains pending.

So what led to Mobashshir’s expulsion from school?

The principal of Jamia Senior Secondary School, Tariq Habib, speaking to Firstpost, said, “I know Mobashshir for a long time. And he is still my student. Whatever I am doing, it is for his good. I have no ill-feeling against any of my students. If a student does something wrong, it is the duty of the teacher to correct him. I don’t mean that he has done something wrong; it may be that he has done something wrong. Students are still very young and they may do something wrong. As teachers we have a duty to bring them to the right path.”

The principal refused to comment on the Mobashshir’s use of the RTI Act to seek information from the administration. He added that the school came under the purview of the Jamia Milia Islamia University and that further questions should be directed to the university’s media coordinator.

A little background on Mobashshir, a boy who moved to Delhi from Bihar’s Madhepura district in 2005 to study at the Jamia school:

Last year, Mobashshir sought information through the RTI Act about the sanctioned budget for the school’s annual function. “I asked what the sanctioned budget was and to provide me with a copy of the approval for the budget. I didn’t get the information I sought. I had also asked for details of the guest list. Is it right to invite 200 guests who have no direct connection with the school at the expense of students?”

As a XI standard student, when Mobashshir was not allowed to take up Home Science as a subject, he sought information through the RTI Act asking on what grounds he had been denied. “By law, boys are allowed to opt for Home Science. Besides, the prospectus of Jamia does not state that there is a bar on boys from taking up Home Science.”

The reply he received from the administration stated that it was not the practice in Jamia that boys took up Home Science. “Practice does not make law,” says Mobashshir. “I gave a detailed representation, in which I also pointed out that Home Science is one of the subjects for civil services. And even in CBSE schools, there is Home Science… I am now thinking of filing a PIL on this issue,” says the civil service aspirant.

In another instance, information he got through RTI exposed the difference between the amount charged to students towards the hostel mess and that charged by administration to the contractor.

“I asked in my RTI applications whether Jamia was a profit-making institution. The answer was no. Then I asked why was this money Rs 200-300 per student being saved? If they paid the contractor the amount they charged the student, the food quality will be considerably better.”

When Mobashshir was only in the VI (sixth) standard, he shot off a letter to this principal complaining that the rotis were of poor quality. The provost sent him a reply that accused him of violating hostel norms by approaching the principal directly. “The provost’s reaction surprised me. I responded in writing by saying that in my previous school directly speaking to the principal was not a violation and if it that was the case here, it should be stated so in the prospectus and in the Act of Jamia. The provost was removed from his job after a few days.”

His first victory? “I don’t think of it as a victory. I was not fighting any one person,” he says.

Asked what makes him take such risks, he says, “It is just that the truth should come out. I don’t think of consequences.”

The administration seems to have realised early on the potential Mobashshir had to shake things up. He received his first notice in VI Standard. He rebutted allegations of poor attendance and indiscipline with hard facts. “I concluded my letter by saying that it was my apprehension that a ground was being selectively made for my expulsion from the hostel since I had brought the issue of poor quality of food to the notice of the vice-chancellor,” said Mobashshir.

Despite such constant tussles between him and the administration, Mobashshir has continued to pass with first division marks.

So what do his classmates have to say about all this? “They support me. They believe this should be done and that these issues need to be raised. I tell them too to file RTIs. But some of them are scared.”

But Mobashshir already knows what it means to take on the high and mighty. While his case was pending in court, he was threatened by members of the administration. “I immediately filed a police complaint stating that if harm should come to me, such and such persons should be held responsible.”

Mobashshir says he likes to read Delhi High Court and Supreme Court judgments. And he seems to know the Delhi High Court like the back of his hand. “Ever since my case went to court, I would have gone a hundred times. Once I get a pass, I spend the whole day going from courtroom to courtroom listening to cases.”

He has even attended the 2G case hearings at the Special CBI court. “But it’s no fun. There is just too much crowd. It is a tamasha.”

Mobashshir is from Bihar’s Madhepura district. His father is a businessman, his mother a housewife. He has three sisters. Ask him about his parents’ reaction to his campaign against corruption and he only says, “Without the help of parents, nothing can happen. They support me.”

Centre stingy with use of RTI publicity funds.

DNA:Pankaj Sharma:Friday, October 28, 2011.

The UPA government appears to have put its most vocal campaign the Right to Information (RTI) Act on the silent mode. This comes in the backdrop of growing clamour within a section of the government to review the Act.

The RTI Act, which was enacted in 2005, has been the main factor behind major scams exposed in the last couple of years.

According to official statistics tabulated by the personnel, public grievances and pension ministry, the funds earmarked for the propagation of the RTI scheme have been grossly underutilized. With the 11th five year plan (2007-12) just five months away from termination, only 73 per cent of funds released under the RTI publicity had been utilised until September 30 this year.

An analysis of the government spending on propagating RTI showed a consistent decline. As per the ministry’s accounts report , the actual spending last fiscal was 80% of the allocated budget. However, in 2008-09 and 2009-10, the utilisation was 94.68% and 96.72 % respectively. A total of Rs24.16 crore was allocated to the RTI under the 11th plan.

This development has angered votaries of the RTI Act. Expressing his concern over under utilisation of funds, information commissioner ML Sharma said, “After six years of enactment, this is the most crucial time for publicising the Act as maximum citizens are still unaware of the stipulations of this Act.”

Sharma further demanded an increase in the allocation of funds for the propagation of the Act to help realise its true potential. He said that because of lack of proper information on various provisions of the RTI Act, several irrelevant applications had got filed with the CIC.

“Proper and sustained information on the Act and its use have to be the top priority to ensure that the Act reaches every home in the country,” he added.

Demanding more publicity for the Act, RTI Activist Subhash Chandra Agarwal said, “This (under utilisation of publicity funds for RTI) is really sad and the government should look into it. The propagation of the RTI Act should be in the hands of the Central Information Commission.”

Rather than spending on publicising their own personalities, politicians should look for raising funds for the publicity of the RTI Act, he said.

Govt appoints PIOs and APIOs under NST department.

Nagaland Post:Friday, October 28, 2011.

Government of Nagaland has appointed the following officers and staff as PIO’s and APIO’s under the department of Nagaland State Transport for successful implantation of RTI Act.
Senti Pongener, Addl. G.M has been appointed as PIO, GM’s Office NST Dimapur; Vecito Chakhesang, UDA, APIO, GM’S Office NST Dimapur; Er. Atovi Kiba, Sr. Auto Eng. PIO, Add1. C.E. Office NST C/W; Er. Merenkaba, Auto Eng., APIO, Addl. Chief Engineer Office, NST C/W Dimapur; Chukudong, D.M, PIO, Div. M’s Office NST Kohima; Limasunep, D.M, PIO, Div. M’s Office NST, Mokokchung; T. Andrew P. Tikhir, AGM, PIO, AGM’s Office NST Tuensang; Bendangtoshi, AGM, APIO, AGM’s Office NST Dimapur; Z. Kakishe, Yepthomi, S.S, APIO, S.S’s Office NST Mon; Vikheto Achumi, AGM, APIO, AGM’s Office NST Zunheboto; Sentizulu, E.O, APIO, Asstt. S.S’s Office NST, Longleng; Thomas Y. Kiutsangmong, S.S APIO, SS’s Office NST Kiphire; Pulesale Rhetso, S.S, APIO, SS’s Office NST Wokha and K. Keppen, E.O, APIO Peren district.

CIC wants two commissioners.

The Times of India: Kolkata: Debashis KonarDebashis Konar:Friday, October 28, 2011.

State chief information commissioner Sujit Sarkar has written to the government, requesting it to appoint two more information commissioners to assist him in handling the workload at the commission.

With an increase in filing of RTI applications, there are over 3,000 cases pending with the West Bengal Information Commission (WBIC). The present law allows the state government to appoint 10 information commissioners besides a chief information commissioner. The commission in West Bengal, however, comprises Sarkar and another information commissioner, K John Koshy, who joined last November. last year.

Sarkar, who was then an information commissioner, was elevated as chief information commissioner with Koshy's appointment.

Before Sarkar joined, Arun Bhattacharya was the lone the commission had a lone information commissioner. in Arun Bhattacharya.

With Bhattacharya giving unilateral decisions on applications, many orders of the commission were declared invalid in court.

Sarkar and Koshy will soon be holding seminars in different districts to make government officers aware about the RTI Act. Officials are expecting an increased quantum of RTI queries.

The information commission also plans to launch an go on a major awareness drive so that more people can also take advantage of the RTI Act. With most RTI applicants belonging to the educated urban middle class, the commission is encouraging rural population to file applications. Most RTI applicants are now from the educated urban middle class. The commission now wants the rural population to use the RTI Act for knowing about various work by their panchayats and other development issues.

Besides the need of information commissioners, WBIC is also facing a space crunch at its office at Bhawani Bhavan. Moreover, a WBIC officer said that the commission also lacks space in its present office at Bhawani Bhavan.

The office of the Lokayukta has been non-functional for over two years. Koshy and WBIC's secretary are hence using the space allotted to the Lokayukta. Sarkar has also written to chief secretary Samar Ghosh to hand over the portion for the Lokayukta's office to WBIC. space in the office of the Lok Ayukta to WBIC.

A WBIC officer said that if two more information commissioners join, at least 10 more staffers would be needed for help. "Right now, there is a space crunch and allocating space in the office of the Lokayukta to WBIC can solve the problem," the officer said. Right now, Sarkar and Koshy hear cases separately about different departments. If there are two more commissioners, then the departments can be easily distributed among the four commissioners.

The maximum number of applications filed at present is about KMC, municipal affairs department, education and panchayat departments., the officer said.

Jamia students flex RTI muscle to make university more accountable.

Firstpost: Pallavi Polanki: Thursday, October 27, 2011.

At a university campus in Delhi, under the glare of CCTVs and security personnel, an idea is on the loose. It is threatening to spread to more campuses and could potentially change how central and state-run universities do business.

The RTI or the Right to Information an idea that has challenged the status quo like no other in this generation’s living memory has became the campaign slogan for the recently formed Forum for Student Democracy that is spearheading the long-standing demand for the restoration of student unions at the Jamia Milia Islamia University.

“Instead of protests or slogan shouting, we will use RTI as a tool to seek information and spread that information to all students and staff of Jamia. On Saturday (October 22), we filed four RTIs three addressed to the Jamia administration and one to the HRD (Human Resource Development) Ministry on matters that affect the welfare of students,” said Afroz Alam Sahil, an M.Phil student at the University and convener of the Forum. (Jamia University being a Central University comes under the purview of the HRD Ministry.)

All the four RTI applications have been put up on the Forum’s blog forumforstudentdemocracy.blogspot.com. The Forum already has a Facebook page which has students from as far away as Pondicherry University posting their comments on the state of democracy at their University. The Forum includes members from Jawarharlal Nehru University and Delhi University and is described on its Facebook page as “an initiative to promote elections in university campuses of India.”

The RTI application to the HRD Ministry lists 16 questions that seek specific details on a range of issues including its correspondence with the Jamia University on student union elections and on steps taken by the Ministry to ensure compliance with the recommendations of the Lyngdoh Committee (set up by the HRD ministry on the direction of the Supreme Court to frame guidelines on student’s union elections in universities and colleges).

Sample this. Quoting the last three questions from the RTI application to Ministry:

1. Do students have right to assemble and speak for their rights in their campuses ?
2. Is the ministry of HRD aware that Jamia Millia Islamia has not allowed formation of students union from 2006 Did the HRD ministry receive any letter from Jamia in this regard ?
3. Is Ministry of HRD aware that Jamia collects students’ union fee? Did Jamia submit any report about spending of students union funds in their financial reports to Ministry of HRD ?

The three RTI applications to the Jamia University seek information on funds, attendance of Vice-Chancellor and a record of how the university has responded to RTIs in the past.

In an education system that does not encourage students to ask questions, the RTI campaign by university students is an audacious attempt, and by no means one without risk, to hold their administration to account.

RTI Act makes Prithviraj Chavan tread carefully.

The Times of India: Thursday, October 27, 2011.

MUMBAI: Chief minister Prithviraj Chavan said that he does not take decisions in haste as, "I am aware that I have to face the Right to Information Act."
A decade ago, there were no problems but now, one moves with caution. "There is cautiousness in the administration. Nobody is willing to take a decision," he added.
Speaking informally to journalists at his official residence, Varsha, on Tuesday, Chavan said that his priorities for Mumbai were to create a transport corridor, improve water supply and housing stock. Chavan said there were several issues pending decision for decades. "The routine files move daily but in case of important issues, I prefer to thoroughly understand them and then take a decision. Some of the decisions are revolutionary; for instance, the decision to update land records. It was last done in 1928," he said.
Global recession, he said, was a cause for worry. Power would continue to be a problem particularly for industries, he added.
Though cautious after the Fukushima nuclear accident, the Jaitapur nuclear power project is on track, said Chavan, adding that the state government is yet to decide on the additional compensation to be paid to the oustees.

Transparency in PPP programme.

Financial Express: Shyamala Shukla: Thursday, October 27, 2011.

During the last six months, the Indian media and government have discussed, somewhat intensely, the application of the RTI Act to PPPs. The government has done its utmost to resist all pressures, culminating in the Planning Commission's pronouncement on the inapplicability of the Act to PPP projects.

India has been lauded by all and sundry for a tremendous scaling up of its PPP programme in a short period to the extent that today there are over 700 recorded operational PPPs in the state and Central sectors. The government, the private sector and everyone else is in a celebratory mood. True, India's performance in handling projects up to the contract stage has been quite commendable. However, what has been less commendable is the lack of information in the public domain about the contracts and worse, lack of information within the government about these projects. During a seminar on PPPs in the World Bank in June this year, I observed that hardly any of the ‘experts’ pointed out the lack of information and transparency in India's PPP programme post- contract and the long-term consequences of this black box kind of situation. It is good for everyone to celebrate and, moreover, take credit when things are yet to go bad, but to be totally devoid of caution is not a good sign. The telecom scandal is an example of what happens when there is blatant disregard of transparency. As far as its PPP programme is concerned, it is not too late for the government to be more forthcoming.

First, the government should place all project contracts in the public domain. Today, while the standard contracts do become available with some effort, these are not readily available on the ministry of finance Website. An old version of its standard contract is published on the NHAI site, but the amended version based on the BK Chaturvedi Committee recommendations is not easily available. The ministry of finance can perhaps learn from the UK Treasury, which publishes amended versions of its standard contracts along with version number on its website. India is perhaps already in version 3 or 4 but we do not know for sure how many versions we have gone through. Individual contracts are not available at all, except one partial contract on the NHAI site. I can imagine one of my colleagues in government pointing out with a condescending air that contracts cannot be published due to issues of confidential commercial information that companies are not obliged to disclose. Well, this is one issue that our standard contracts can deal with. We need a standard clause in these contracts on what constitutes confidential information for the purpose of the contract, along with provisions for more specificity in individual contracts. There is no sense in blacking out all information in the name of confidentiality.

Second, the government can place in the public domain the information on the installments of VGF and the annuities it will pay or has paid to project companies with dates and milestones associated with the payments. Also, information on expectations of traffic and revenue on which VGF allocations and payments are based could be made available in the same database, along with individual tripartite agreements signed under the scheme.

Third, it can place before parliament, during the presentation of the annual budget, information about the contingent liabilities arising from project agreements signed during the year in each sector, along with information on cumulative contingent liabilities. A methodology to measure the risk of these liabilities needs to be developed, and the current measure needs to be placed before parliament and the public during the budget every year.

Fourth, it can amend the C&AG (DPC) Act 1971 to provide for routine audits of PPP projects. Under the present provisions, the supreme audit authority of India can access documents that are available with the public authority for purposes of audit, but cannot access documents and financial information available only with the PPP project company. Countries such as Canada, the UK and New Zealand, to name a few, have brought PPPs under the purview of their supreme audit authorities. Audits of PPP projects are essential since the government has transferred its assets, paid viability gap funding and, in some cases, paid equity to the project company; in addition, in most cases, the PPP projects come with non-compete clauses and a host of contingent liabilities taken on by government. Unless projects are routinely audited based on the magnitude of government exposure or some other such criterion, the government would be exposing itself to the ultimate risk of not having enough information to manage its programmes effectively.

Fifth, the government needs to be aware of details of equity sales in PPP projects. Many of our projects calculate the viability gap based on a certain level of return on equity, and government subsidies are paid to fill this gap. The CII, as quoted in the BK Chaturvedi Committee Report, has stated that equity sales report at least 100% premium. This would mean that the returns to equity investors are much higher than the assumptions used for our calculations. It may be argued that it is easy to do an ex-post analysis, but is it not necessary to follow up such issues at least so that (i) this knowledge can be applied to make our methodologies sharper and (ii) arrangements can be negotiated for equity investors to share such windfalls with government ?

But this is not enough. Looking at recent court orders on the applicability of the RTI Act to private companies providing public services and a similar interpretation by several information commissioners, the government must stop resisting what is already provided for by the Act. Such a decision may yet help the government regain some of its lost credibility.

The author has worked as director of infrastructure in the Department of Economic Affairs, Ministry of Finance, Government of India.

RTI puts govt in go-slow mode.

Financial Express:Praveen Kumar Singh:Wednesday, October 26, 2011.

The United Progressive Alliance (UPA) government has realised the power of the Right to Information (RTI) Act the hard way. Bruised by the row over the finance ministry note on 2G spectrum scam to the Prime Minister’s Office, which exposed the schism between the two senior most ministers in the Cabinet, government departments have turned wary of such communications.

The result: a go-slow attitude seems to have taken over, with communications between various government departments being subjected to scrutiny. Top sources confirm Railway Board chairman Vinay Mittal has issued a circular demanding that “all communications between the ministry and the Prime Minister’s Office” be shown to him. This pertains to both outgoing and incoming communications.

A senior railway official, however, clarified that the direction was a reiteration of an earlier guideline to inform the railway board chairman of all matters requiring inter-ministerial consultation. The official said since the guideline was not being followed strictly, a fresh circular was issued.

“With the full significance of the RTI being acknowledged by senior ministers like Veerappa Moily, Salman Khurshid and even Prime Minister Manmohan Singh, it is always better to err on the side of caution,” said a senior railway official on condition of anonymity.

Decision-making on the development of roads and ports has also slowed down. In ports, only one project has been awarded so far against the overall target of 23 projects.

In roads, the National Highways Authority of India (NHAI ) could award projects for 2,812 km till October 19 against the target of 5,500 km.

“Several factors have caused the slow progress towards achieving the target. A recent order from the cabinet secretariat that all issues related to land be routed through it is one of them. However, we will be able to award 22 project by the end of this fiscal,” shipping secretary K Mohandas told FE.

Senior officials in the road ministry and NHAI said they had to exercise caution after revelation of an alleged scam in NHAI. Central Vigilance Commission is investigating several cases of wrongdoing in project award and recruitment by NHAI.