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Saturday, October 06, 2001

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Right to information Act to get the nod

By Our Staff Reporter

NEW DELHI, OCT.5.

The Delhi Cabinet today approved the framing of rules for the Right to Information Act, 2001, which came into effect from October 2 this year, amid fears that the original Act had been tampered by the bureaucracy to suit its ends. The Cabinet also discussed the progress made in the implementation of the power sector reforms amid indications that the privatisation process would well take off from December.

The Cabinet meeting, chaired by the Chief Minister, Ms. Sheila Dikshit, was originally scheduled for Monday but was deferred due to the demise of Madhavrao Scindia. With the notification of the Right to Information Act, people could now approach the various departments of the Delhi Government for information on various matters provided in the rules which have been framed under Section four, nine, 10 and 13 of the Act. But it is believed that many penal provisions have been watered down at the Chief Secretary and Principal Secretary level which could defeat the purpose of the exercise.

It would now be possible for people to approach the Competent Authority with an application seeking information in a prescribed form. The Competent Authority would be bound to give reply normally within 15 days and latest within 30 days. Application forms for seeking information have been prescribed and proforma for sending replies, including rejection letters, have also been formulated.

The procedure for filing an appeal against the rejection of orders of Competent Authority in Public Grievance Commission has also been prescribed. The information could be had at a nominal fee of Rs. 50 for general information and Rs. 500 for business- related information to ensure that only genuine contenders seek information. But reservations have been expressed over the fee as it is feared that this would automatically debar the public from seeking information as nobody would be willing to spend Rs. 50 for getting information which might not be upto the mark.

To ensure that the information is provided on time, the rules clearly state that any official who fails to supply the information within the prescribed period, or communicate the rejection, would be liable to pay Rs. 50 per day for the delayed period beyond 30 days subject to maximum of Rs. 500 per application. It is also clearly stated that wherever the information is found to be false or has been deliberately tampered with, the official would face a penalty of Rs. 1,000 per application.

But reservations are being expressed over the notification of the Act and rules as it is believed that the bureaucracy has cleverly framed rules in such a manner that they would not face any departmental action for the delay or denying information. Many in the government are of the view that if the effort was to bring about transparency in the functioning of the government and check corruption, then this Act in its present form, would not be able to achieve its objectives.

The Cabinet also discussed the progress made with regard to reforms in the power sector, and was of the view that things were progressing in a steady manner. The Power Minister, Dr. Narendra Nath, is understood to have informed the Cabinet that the process is expected to fall in place by end of this year as all other formalities are already in order. The Minister is also believed to have sought financial assistance from the Finance Department for going ahead with the reforms. But the Finance Minister, Mr. Mahinder Singh Saathi, is understood to have pointed out that the Delhi Vidyut Board was still to provide certain information sought and when this comes in, funds would be released immediately.

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