Munsyari: Tehsil and Block
Total Page：16
File Type：pdf, Size：1020Kb
Part V
Hkkx V
Tours of the Commission vk;ksx ds Hkze.k Annexure-CXXIII Munsyari: Tehsil and Block
MONITORING & REVIEW NOTE ( ANNUAL REPORT : 2006 - 07 )
RTI IN THE FIELD : VERY POOR TRICKLE-DOWN
MUNSYARI TAHSIL & BLOCK LEVEL OFFICES : PITHORAGAH DISTRICT
O This is Chief Information Commissioner’s Second Round of Field-visits since his assumption of charge, and First after Government of Uttaranchal was communicated that 18 Departments/Organizations or Public Authorities have been selected by the Commission for intensive Monitoring and Review during the year under review, from State Headquarters to the last rung of public authorities under the jurisdiction of the selected public authorities of the state.
2. Munsyari Tahsil and block are the farthest from the State headquarters ( Dehra Dun ), its northern boundary running along the Indo-China (Tibetan Autonomous Region ) international borders and predominantly tribal. The Tahsil headquarters, Tiksen continues to be under a Gram Panchayat. There is no full-time power availability as it is yet to be connected with fixed-line power - connectivity, roads are in poor shape of maintenance and repair, many sub-district office manned by double-duty officers ( attached to Munsyari but headquartered at Didihat, without any fixed date allocation for this Tahsil ) . One Sub-Divisional Office which requires maximum attention of all public authorities.
3. Uttaranchal Information Commission has adopted this Tahsil, as one of the four adopted, for testing from time to time the impact of the RTI in Uttaranchal. Field Reports would be communicated to all Principal Secretaries/Directorate Heads, Commissioner of Kumaon Division and District Magistrate of Pithoragarh for appropriate action and report to the Commission. These Field Reports would be printed as it is in the Annual Report of the Uttaranchal Information Commission for 2006-07, presented to the State Assembly through the Government of Uttaranchal, as provided in section 25 of the Right to Information Act, 2005.
Nomination of PIOs and APIOs:
4. During the review the position of nomination of Public Information Officers ( PIOs ) and Assistant Public Information Officers ( APIOs ) emerged as below:
106 POSITION OF PIOs AND APIOs Sr. Department / PIO APIO Remarks Public Authority 1 2 3 4 5 1. Rural Development B.D.O. A.D.O.( I & SB) Aware of duties. 2. Animal Husbandry Vet Officer Liv..Dev. Officer Aware. 3. Vidyalayi Shiksha Block Edu.Officer ? Not Aware 4. Drinking Water/Nigam Ex. Engineer. Asstt. Engineer. Aware 5. Irrigation Ex.Enr Pithoragarh Head Clerk ? Not Aware 6. P.W.D. Ex.Enr. Didihat Asstt. Enr Aware 7. Power Corpn Asstt Enr. Jr. Enr. Aware 8. Forest Div. Forest Officer ? Not Aware 9. Jal Sansthan ? ? Not Aware 10. ITI ? ? Not Aware 11. KVIB ? ? Not Aware 12. Industries ? ? Not aware 13. Potato Dev Officer/Hor. P.D.O. Sr. Horti.Officer Aware 14. I.C.D.S. Distt. Prog. Pfficer C.D. P. O. Aware 15. Revenue Tahsildar Head Clerck Aware
16. Com.Health Center ? ? Not Aware
17. KMVN ? ? Not aware 18. GIC/GGIC ? ? Not Aware 19. Panchayati Raj Gram Pradhan GPV Adhikari Aware 20. Police ? ? Not Aware ______
107 ( NOTE: Symbol ( ? ) indicates not known to the representative who attended the Monitoring and Review meeting )
O The above position clearly indicates that the position in the field, at the Tahsil and Block level, is not at all satisfactory as already more than 9 months have passed afer the notification of the RTI Act, and at the Information Commission all Secretariat Departments and Directorates have been briefed once by the CIC himself and thereafter monthly meetings are also being held to remind them on major action points.
O ACTION: SECRETARY, UIC WILL SEND A COPY OF THIS REVIEW NOTE TO ALL DEPARTMENTS/PUBLIC AUTHORITIES, WHO WILL REPORT TO THE COMMISSION AS TO WHY BASIC ARRANGEMENTS, RELATING TO NOMINATION OF PIOs AND APIOs, ARE LACKING IN THE FIELD AND WHO SHOULD BE HELD RESPONSIBLE FOR THIS STATE OF AFFAIRS ?
Departmental Appellate Authority :
5. Most of the officers were not aware of the arrangements in their offices/organizations relating to the nomination of the departmental appellate authority. All Director-Generals and Heads of Directorate will call for the explanation of their officers and report to the Commission as to why such a situation continues to prevail even after 9 months of notification of the RTI Act and who should be held responsible for such an state of affairs?
Maintenance of Prescribed Registered by PIOs and APIOs :
6. Chief Secretary, GoUA had circulated a GO No. 146/Su./XXXi(3) G-/2006 dated 22.03.2006 prescribing the procedure to be followed in disposing the applications received under the RTI Act for maintenance of record of such applications and also prescribed formats for such records, As many as 10 ( Ten ) Formats were prescribed by this GO. Today on review except the Block, the Tahsil and the CDPO no representative of the public authorities present had knowledge of these Formats on which information is to be kept. Some departments had prepared registers using their own format. This situation shows how carelessly the orders of the Chief Secretary are being implemented in the field.
7. Sub Divisional Magistrate was provided a copy of the Chief Secretary’s aforementioned GO and directed that all departments present in Munsyari must be provided a copy of this GO, with annexures, and within a week ensure that all these Registers are available in their offices and are being used. Sub- Divisional Magistrate, being a Public Authority and PIO himself will ensure that these directions are carried out in time and report compliance to the Secretary, Uttaranchal Information Commission, after a week.
Suo Moto Publication under Section 4 ( 16 Manuals ) :
108 8. Public Authorities representatives were informed that the following Public Authorities have satisfactorily completed their Manuals under section 4 and Information Commission has approved their Manuals for multiplication and passing on hard and soft copies to the field level public authorities. Commissioners, District Magistrates and Chief Development Officers should obtain their hard and soft copies in adequate number and display them in the reception rooms / libraries of their officers for ready perusal by the public. These public authorities are: ( i ) Transport, ( ii ) Animal Husbandry, ( iii ) Urban Development, ( iv ) Jalagam, ( v ) Treasury, ( vi ) Pensions, ( vii ) Ayurvedic Education, (viii) Haridwar Development Authority, ( ix ) Co-operatives, ( x ) Dairy development, ( xi ) Advocate General, ( xii ) Cane and Sugar development, ( xiii ) 20 Point Program, and ( xiv ) State Planning Commission. All remaining departments/public authorities are hereby reminded that they are already behind schedule by more than 9 months now, as they were required to be ready with these by 12 th October 2005.
9. Commissioner of the Division and District Magistrates and the Chief Development Officers should obtain copies of the 16 Manuals prepared by the above- mentioned by the concerned authorities, ensure their display in the Single Window arrangements in the Collectorate and Vikas Bhawans, in addition to the district level and sub-district level offices of the concerned public authorities.
10.. It is most surprising that the Chief Revenue Commissioner and Commissioner Rural Development have not been able so far to get these Manuals approved by the Uttaranchal Information Commission, and after their approval make copies available at their Collectorates, Vikas Bhawans, all Tahsils and Development Blocks.
11. Secretary, Uttaranchal Information Commission may again call an urgent meeting of all districts and direct the District Magistrates to immediately send their Incharge Combined Offices / ADMs, as the case may be, and Rural development Commissioner and the next to the Chief Revenue Commissioner may be called to the Commission Office. Chief Information Commissioner would personally guide these officers as to what is required to be done immediately. During the Review Meeting at the Uttaranchal Academy of Administration, Naini Tal District Magistrate Naini Tal Sri Rakesh Kumar and Commissioner Kumaon, Sri Rakesh Sharma were briefed in greatest details by the Chief Information Commissioner himself. Commissioner Kumaon and District Magistrate Naini Tal will immediately comply with the directions and submit the 16 Manuals , as discussed, to the Information Commission for review and comments, for final approval after corrections have been carried out.
12. Delay in preparation of the 16 Manuals as prescribed by section 4 is most objectionable and the Revenue and Rural Development departments are now directed to attend to their preparation and approval by the Information Commission on top most priority. Secretary, Information Commission will kindly remind all officers on a weekly basis and report to the Chief Information Commissioner.
Monthly Review by Sub Divisional Magistrate :
13. In view of the very ineffective trickling-down of instructions issued by the Chief Secretary, issued as far back as in March, 2006 it is extremely essential that the SDM Munsyari immediately improves his own, Sub Divisional Office, Tahsil Office conditions, relation to all the above items mentioned and
109 as the representative of the State Government undertake monthly Review of progress on the above points, point-wise, and send copies of his reviews to all concerned departmental heads, with a copy to Secretary, Uttaranchal Information Commission.
Gram Panchayats and Gram Pradhans :
14. This is the largest number of PIOs in any district, any sub division or Block and considering a large number of the PIOs being elected women representatives, SC/ST representatives, many of them illiterate; the Commission has been repeatedly reminding the Department of Rural Development and Panchayati Raj to immediately re-consider their decision to nominate the Gram Pradhans as the PIO. Being elected representatives of the people it would be quite embarrassing and unedifying for these elected representatives being summoned to answer appeals and complaints, and in case of proven delay, being monetarily punished by the Commission. Even during a departmental review Secretary Rural Development and Panchayati Raj was shown a copy of a very ambiguous and confusing Government Order (No. 338 dated 11.09.03) issued by Panchayat Raj department which makes the Pradhan responsible for the custody of all records and jointly responsible for issuing copies of documents with the Gram Panchayat Vikas Adhikari !
15. The present state of affairs is totally unacceptable to the Information Commission, being simultaneously not in keeping with the principle of making elected public representative custodians of , hence personally responsible, for public records; as well as making the Pradhans and GPVA jointly responsible for issuing copies of records. Rural Development Department and Panchayat Raj departments are directed to immediately set this situation right and make it compliant to the scheme of the RTI Act.
16. In today’s review meeting the Pradhans appeared to be unaware of their duties and obligations and they had no clue as to what they are expected to do under the Act. Block Pramukh and the BDO were asked to immediately launch an awareness program for the Pradhans and also communicate the existing anomaly indicated in paragraph 15 for immediate rectification and made amenable to the designs of the RTI Act.
SECRETARY UIC WILL SPECIALLY BRING THESE OBSERVATION TO THE NOTICE OF ADDITIONAL CHIEF SECRETARY & FRDC, WHO IS EX OFFICIO PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATI RAJ, AND SECRTARY RURAL DEVELOPMENT AND PANCHAYATI RAJ, IN PURSUANCE OF THE DEPARTMENTAL REVIEW MEETING HELD AT THE COMMISSION OFFICE.
General Observations:
1. Considering that this Block has been adopted by the CIC, as one of the four most distant blocks of the state for field-testing of the RTI efforts and this has been his second visit in connection with the RTI ( first being in January, 2006 ), the progress is rated FAR BELOW SATISFACTORY. Commissioner Kumaon and District Magistrate Pithoragarh will immediately ensure that as Public Authorities not only their own progress of RTI compliance improves in their very own offices but as
110 supervising Public Authorities, Tahsil and Block as Public Authorities being under their respective supervision, the condition of over-all improvement in the RTI regime, as spelled out in this Review Note improves substantially. During the course of the year Commission shall depute some officer to report on this Review Note and additional action-items which may have been added by that time.
2. On inspection of the APIO register maintained by the APIO of PWD department ( although not on the prescribed form but generally agreeable ) it was observed that the APIO has retained some of the applications ( 4 out of 6 till date ) beyond a period of 5 days at his own level ! It was explained to all that the APIOs must ensure that the applications, or even the Appeals they receive, must be passed over to the PIOs or the DAA in such a manner that it is with them by the fifth day after being received. Any application which gets routed through APIOs provide the PIO only extra 5 days over the mandated 30 days ( maximum). Such holding up of applications at the APIO level might, if the case goes up to the Commission level in second appeal and delays are being assigned, the APIO might be held responsible for delays above 5 days he has with - held the application at his level !
3. SDM Munsyari was directed to prepare a summary of discussions and review held in Hindi ( with enclosure of attendance ) and circulate it for compliance to all present and their respective district level heads. District Magistrate Pithoragarh to review this Monitoring and Review Note and take immediate suitable action, under intimation to Secretary, Uttaranchal Information Commission, Dehra Dun.
RS Tolia Chief Information Commissioner, UIC Uttaranchal Information Commission
111 Annexure-CXXIV Dharchula Tahsil & Block 30th August, 2006
Monitoring & Reporting Note ( Annual Report 2006 - 2007 )
RTI IN THE FIELD
DHARCHULA TAHSIL & BLOCK LEVEL OFFICES : PITHORAGARH
O Dharchula is yet another farthest tahsil cum block office from the state headquarters, its northern border running along the Indo-China ( Tibet Autonomous Region - TAR ) border and the eastern along the Kali delineating the Indo-Nepal international border. Munsyari ad Dharchula have similar problems, Dharchula’s getting more accentuated due to lack of progress on Ghatiabagar-Lipulekh road ( tangled with the elephant corridor forest –clearance of Doiwala railway yard dump of the Armed Forces). An extremely unfortunate state of affairs indeed, now particularly with the TAR region now having received regular rail connection with Lhasa ( June, 2006 ) and an excellent road connectivity all along the trans-Himalayan region, right up to Gartok. Last year this regions’ cup of woe was spilled with the ban of import of goats and sheep, animals used as the pack-animals for the border peoples’ trade. This Quarantine embroglio involving the Agriculture Ministry ( Animal Husbandry Commissioner ) insistence on check-up of all live animals coming from the other side of the border but not responding to the arrangements they were expected to make with the help of the state authorities has shown official apathy to this all important border-trade. These burning issues were obviously reflected in the Monitoring and Review meeting taken by the CIC, in block the conference room.
2. Presence of public representatives invariably leads to a changed methodology of Monitoring and Review as then the speaker or reviewer has to ( and she/he must ) tailor it to suit their interests. Before we cover the review proceedings, the SDM’s attendance of public officials present may be seen to assess the potential of effective disposal of RTI applications at the field, in this case sub- district/tahsil/block headquarters level.
POSITION OF APIOs AND PIOs : DHARCHULA Sr Name Designation/Department APIO PIO 1 2 3 4 5 1. Shushil Kumar Sub Divisional Officer Yes Ex En, Askot 2. Jeewanti Joshi Nagat Panchayat Yes 3. Chandra Prabha Rayapa CDPO Yes 4. Tulsi Budiyal ADO(Coop) Yes
112 5. Daulat Singh Fakliyal Block Education Officer Yes 6. Ashok Kumar Misra Dy BEO ? ? 7. S.D. Bhatt Eduation Deptt, SSA ? ? 8. Ishwar Singh Jalagam (AD, Jalagam, Didihat) ? 9. Chandra Singh Dhami Ass Insp (Ag) ? ? 10. Kamlesh Kumar Manager, Jalagam ? ? 11. S.K.Yadav Sr Manager, NHPC Yes (Vijay Gupta, Co Secy, Faridabad ) 12. Dr. Lalit Joshi i/c MO Medi & Health Yes CMO, Pithoragarh 13. Dr. Pathak PHC, Dharchula ? ? 14. D.S. Bisht Industries departmemt ? ? 15. S.S.Bonal Supdt. Prod, KVIB ? ? 16. Manish Mittal Ex Eng,UJVNL,Dharchula Yes 17. M.K.Pathak UJVNL ? ? 18.Umesh Chandra Bhatt OA III, UJVNL ? ? 19. Nand Kishore Sharma Jr Eng, Jal Nigam ? ? 20. C.M. Chaubyal Jal Sanstahan ? ? 21. H.R.Arya ADO ( Forest ) Yes ? 22. K.L. Pangtey ADO( Ag ) Yes ? 23. Madan Singh Nabiyal Range Officer ? ? 24. Prakash Ch Joshi Jr. Eng., RES ? ? 25. Vidya Sagar ADO(Pan) &SW Yes ? 26.Santosh Ram Nagnyal Gram Panch Vik Adhi Yes Pradhan 27. Dhani Ram Chanyal Dy Treasurer Yes ? 28. Kiran Kumar Acctt, Treasury ? ? 29. Sundar Singh Daryal GPVA Yes Pradhan 30. Lalit Singh Gwal GPVA Yes Pradhan 31. Mohan Singh Kathait GPVA Yes Pradhan 32. Dayaram Arya I/c Gas, KMVN Yes 33. Dr Ajit Pratap Singh VO Yes 34. S.R. Arya Tahsildar Yes 35. Bhure Singh Nagar Panchayat, Dharchula Yes ? 36. L.S.Paliwal Block Development Officer Yes 37. Sampurnanand Gairola Inspector, Police Station Yes C.O.
113 38. Sub Divisionsl Magistrate Yes 3. The above list included only one public authority which was under the jurisdiction of the Central Information Commission, in so far as applicability of the RTI Act was concerned. These remarks have been filed up by the participants themselves and the District Magistrate and the Local District Level Heads ( district level officers ) should check up the status and confirm the same to the District Magistrate and Secretary, Uttaranchal Information Commission, Dehra Dun. From the question marks placed it would be apparent that many a block or tehsil level officials (i) are not aware of their exact status, whether they have a role of ASPIO or not, (ii) who their ASPIOs are, (iii) who are the PIOs and at what level, (iv) is position of APIOs and PIOs are known then who are the Departmental Appellate Authorities ( DAA), as al of them ought to know about them; and finally there are many public officials who could and should be given either the role of ASPIOs or whose status could be easily upgraded to that of PIO, to make the RTI really effective. District Magistrates and the SDMs should reflect up on the situation seriously and communicate their views to the concerned Public Authority, usually the Director General or the Director of the concerned Directorate. Principal Secretary, General Administration Department, the Nodal Department for the RTI Act, should continuously review the position of APIOs, PIOs and DAA, directorate –wise and ensure that a Consolidate Statement of the APIOs, PIOs and DAAs is available at all offices as well as on the internet, state portal and updated as frequently as possible. The Office of the Commissioners, Colletors and the CDOs must have Compemdiums of all departments of the State, of all tiers of administration; from the State Secretariat to the Gram Panchayats.
4. After the introductory welcome of the Sub Divisional Magistrate ( SDM ), stating the objective of the Monitoring and Supervisory nature of the review, public representatives were requested to address the gathering their view-points. Sri Pradumna Garbyal, a senior public representative of Dharchula, dwelt at the various problems the local citizens and traders have been facing and how he along with others have taken delegation to the state headquarters and New Delhi, without much avail. He in particular stressed on the following local issues:
(i) Changes in the import policy i.e. inclusion of certain additional items of import from Tibet with reference to the Indo-China Trade, (ii) Restrictions imposed on import of sheep and goats ( quarantine restrictions ) leading to avoidable hardships and loss of margins and incomes , (iii) Opening of Kailash Yatra for common people, (iv) Inordinately long delay in completion of Ghatiabagar - Lipulekh and Tanakpur -Jauljibi roads, (v) Prolonged vacancies of teaching staff persisting with the Baluakot Degree College and Baluakot Ashram Type Schools ( ATS ), (vi) Lack of Transparency in implementation of the Askot Sanctuary Livelihood project and non-involvement of Panchayati raj institutions or local institutions, (vii) Lack of effective action notwithstanding various Delegation and money spent on these Delegations.
5. CIC after explaining the background of some of the issues raised by Sri Garbyal mentioned that the provisions contained in the RTI Act can be effectively used both for obtaining up to date position with regard to each of the issue highlighted by him. Now, the International Trade and Tourism Officer, whose post has been created some time back by the government, has not been filled up properly along
114 with other posts and Mr. Garbyal could have applied for all informations relating to the Indo Tibetan Trade and Kailash Yatra by using the PIO of that office; which apparently has not been nominated by the Industries department, the Nodal department for this particular office. A copy of this Note should now be sent by the District Magistrate Pithoragarh to the Principal Secretary, Industries to immediately nominate a ASPIO and PIO for this office so that local people can seek all related information about the Trade and the Kailash Yatra. Secretary, UIC should also send this note to Secretary, Industries and ask as to why a ASPIO and PIO has not been nominated for such an important public office ? Mr. Garbyal could also have put a question on the Quarantine issue and as to what the Industries and Animal Husbandry are doing about it ? Based on the information received Mr. Garbyal could have asked Parliament or State Assembly Questions. The money the local people have spent on taking big delegations to the various dignitaries in the Centre and the State apparently have not borne any fruits and also resulted in such huge expenditures on the part of local border people, who are also poor people belonging to the Scheduled Tribes. Sri Garbyal and other representatives were able to appreciate as to how the provisions of the RTI could be used by them in redressing local and all long pending issues and problems. CIC explained that it is exactly the lack of pro-active action, and even re- action on being apprised of a problem, from the public servants who are directly responsible for addressing all genuine problems of the people, that this important Act has been enacted.
6. Using the case studies provided by the problems raised by Sri. Garbyal the CIC explained about the number of public authorities the state has, the APIOs and PIOs and the Departmental Appeal Authorities each public authority has to nominate, the Notice Boards the APIOs and the PIOs have been asked to display prominently where they have their office and the nine type of Formats the PIOs and APIOs are now required to have as per the GO issued by the Chief Secretary on 22nd December , 2006. Providing a copy of the Uttaranchal Update, brought out by the Uttaranchal Information Commission, consisting of all GOs, minutes, Formats etc etc issued in the state till 18th April, 2006, to the SDM, Dharchula CIC suggested that those officers which have not received the abovementioned GO may copy the same from this Update as it has also been included between pages 144 to 152, including the 10 Annexures for all offices and PIOs and APIOs. During the discussion which ensued on these 10 formats Sri Sampurnanand Gairola, the SHO, Dharchula Kotwali showed to the CIC the ten formats which have now been kept at the Police Station. Commending the action taken by the district police, CIC informed that this year 18 major public authorities have been selected for intensive Monitoring by the UIC, as per provision contained in section 25 of the RTI Act, and the action taken by the Police Department is a demonstration of how the public authorities are now gearing themselves to face up the challenges of operationalization thrown up by the Act. All APIOs and PIOs were advised to do like-wise. The other 17 major public authorities were also spelt out by the CIC.
7. On one participant raising the issue of organizations under the central government the CIC pointed out that the APIO of the National Thermal Power Corporation ( NHPC) was present in the review meeting. Sri Yadav, Senior Manager, informed that he is the APIO for NHPC, the PIO is the Company Secretary, Sri Vijay Gupta who sits at the Company headquarters at Faridabad and the Departmental Appellate Authority is the Director (Personnel) of the Company, Sri Chaturvedi. If any one is not satisfied with the information ultimately furnished through the intervention of Sri Chaturvedi the appellant will have to move the Central Information Commission, at Delhi, presided over by Sri Wajahat Habibullah. Thus, all the Ministries and Departments of the Government of India or the Public Organizations, Corporations constituted under the Ministries or even the Commissions come under the purview of the Central Information Commission, whereas those of the Government of Uttaranchal, under the purview of the Uttaranchal Information Commission. All three branches of
115 governance, the Judiciary, the Legislature and the Executive are covered by the provisions of the Act and all of them have notified their respective APIOs, PIOs and DAAs. Like the NHPC, a central undertaking and a public authority, all offices of the Central Government located within the state of Uttaranchal will have an office of APIO as well as , in a large number of cases, even PIOs, some even DAA. The exact details about each of them can be had from the office of the APIOs or the PIOs. The CIC explained that all citizens of India, which includes all government servants present in the review meeting, were eligible to exercise this important right wef 12th October, 2005.
8. Sri Harish Rautela, another senior and eminent public representative of Dharchula, made the following suggestions: (i) in view of Dharchula being a very remote place of the state a Common Public Information Office with a full time APIO or a PIO should be sanctioned, as it would be very difficult for a poor man to find out the right public office and the APIO or PIO, (ii) as the various public offices were also required to suo moto keep information in 16 Manuals, as provided by section 16 of the Act, such an independent office with a APIO would be quite handy for a combined display and this would save a lot of time of the public, (iii) for a common man it would not be possible to report against a public office which is not complying with the provisions of the RTI Act and such an office could be helpful in complaining against a defaulting APIO or PIO, (iv) there are complaints relating to short-changing of food-grain stocks of Mid Day Meals scheme by as much as 5 kg per bag, out of 50 kg per bag and complaints relating to the quality of food-grains, (v) then there are complaints relating to no compensation being paid by forest officials in the cases of loss of life and crops by wild animals, although Forest department itself should be publishing such a list itself, and (vi) Forest department and other departments should themselves publish such lists and for such information there should be no need to apply under the Act at all ..
9. Thanking Sri Harish Rautela for bringing up the issue of suo moto declaration by all public authorities and highlighting many local problems, CIC disclosed that the right to “information” here meant right to even inspect and ask for samples as well and any one can move an application for such inspection where the complaints of short-weighment or quality of food was in question. The applicant could suggest that he or she will arrive at a particular shop or school where the food-grains under Mid Day Meals are stored and the same could be opened in the presence of the PIO and concerned parties. Sample testing cost, like the reprography cost will have to be borne by the applicant, and he or she could be informed about such costs by the PIO in advance. CIC admitted that the suo moto declaration by all public authorities is not only below the level of satisfaction, as required by section 4 of the Act but also way behind the time table ( these should have been ready by 12th October, 2005 !) . He informed that participants that the public authorities have been repeatedly stressed by the Commission to bring it to the desired level and the Commission has taken this up on itself, using the provisions of section 25 of the Act, to certify whether this compliance is up to the mark or not. There is a perceptible change now and till he left Dehra Dun as many as 20 public authorities have prepared the master copies of the 16 Manuals and they have been asked to multiply them, both in hard and soft copy, and make them available to the lowest level where they have a PIO. The public authorities have at long last
116 realized its importance the remaining work has picked up pace. UIC is following up with all Directorates through a monthly review system. Soon defaulters may even be called up on to explain delay which is mounting daily !.
10. Once all public authorities have satisfactorily met the norms set by the Commission the number of application would come down very significantly, as most of the information would be voluntarily on public display. The issues of quantity supplied, flow of food-grains from the go-downs to the various points of consumptions, random quality checks undertaken by the supervising authorities responsible for the quality of food-grains supplied by the Civil Supplies department down to the primary schools where the MDM is cooked and stored would be volunteered periodically by the District Supply Officers; Forest department would keep information of crops and humans destroyed by wild animals, compensations paid for the same et would be voluntarily kept by the Forest department, Division and Range –wise and there may not be a need to apply for such information. In the meanwhile, CIC suggested that Sri Rautela may seek information in the manner prescribed.
11. As regard an independent APIO office for all departments at one place, including the display of all Manuals belonging to all public authorities ( 55 public authorities ! ), while agreeing with the spirit of the suggestion CIC informed that every PIO is expected, under section 6(3) to function like the one he has suggested for entire Dharchula Tahsil. CIC mentioned that while each and every PIO is expected to pass on an application, if wrongly sent to it to the right PIO, as provided in section 6(3) of the Act to begin with at least the offices of the Tahsildar Dharchula and BDO Dharchula should start receiving all applications, irrespective of whether it relates to them or not. CIC informed that as CIC office itself is a PIO, UIC has started providing this facility to all comers. This means that any application meant for a PIO located in Dehra Dun and under the jurisdiction of UIC can be deposited with the application fee, and many applicants are making full use of this facility. Drawing attention of all participants towards Annexure 7 of the Chief Secretary’s GO of 22nd March, 2006, reproduced at page 150 of Uttaranchal Update, CIC appealed that APIOs and PIOs may kindly ensure that no application is returned back to an applicant, if it is found that it does not elate to them, but TRANSFER it to the right PIO, UNDER INIMATION TO THE APPLICANT.
12. CIC said he hoped that such an arrangement in the long run, and Tahsil and Block to begin with in Dharchula, would more than meet the requirement aired by Sri Rautela. It is all the more important not to throw the entire burden of such transfers to one PIO or APIO as in the long run every department, every PIO, will have to own its own responsibility and once the 16 Manuals start appearing on the scene ( half of them to be periodically up-dated, one viz Manual 5 running into many parts ( being all Manuals, Acts, Rules, Regulations etc ) are to be kept with each PIO, this would not suffice to concentrate the arrangement with a single APIO or PIO. Best course would be to make every public authority, every PIO responsible for the tasks assigned to them, especially the various ramifications involved, suo moto display, realizing cost of reprography, inspections of files, record room etc . CIC suggested further that not only this but UIC is trying to mainstream the RTI culture in each department’s Departmental Manual, by addition of a chapter to the existing one. Thus, the MGO, the mother of all Manuals will have an additional chapter and so will the Forest Manual, Excise Manual, and so on. Mainstreaming of the RTI Act and its spirit into all departmental manuals will be the ultimate goal of the Uttaranchal Information Commission,
117 13. Coming back to access of facilities provided under the RTI Act CIC pointed out that for any kind of complaint viz. lack of preparedness, action or manifest misdemeanor on the part of any APIO or PIO or the public authority a citizen can directly complain to the Commission by letter or fax on which the Commission takes action against the recalcitrant APIO or PIO or the public authority under section 18 and if the recalcitrant individual fails to rectify the shortcoming or complaint such a failure is also punishable under section 20 of the Act,
14. CIC also clarified to the participant that the PIOs are expected to furnish information as soon as possible and the maximum limit of 30 days have been provided where information is not readily furnishable or file(s) have to be traced or obtained from elsewhere etc and wherever the matters reaches the Commission the records are examined to ensure whether the information has been furnished at the earliest possible day or not, accounting for every day taken by the PIO; obviously it all depends upon the type of information which is being requested; in cases which involve matters of life and individual’s security applied for information has to be provided within 48 hours,
15. CIC ending his field - monitoring and review exercise, with explanations on the Third Party procedure, matters covering under section 8 and 9, need for better file management and record- keeping, issues which may be under investigation or sub-judice. CIC also highlighted that RTI’s reach of access goes back to 20 years from the date of application, therefore, all the departments have to work over-time to ensure that the expectations which have been raised through its notification should be met more than half-way; as, CIC explained, that RTI Act is perhaps the only statute ever enacted in Indian juridical history, which talks of its implementation both in letter and spirit. While the letter part may be technically fulfilled by all the public authorities it is the UIC which has to ensure that the public authorities do implement it in the spirit it has been notified and brought about in a democratic India.
RS Tolia Chief Information Commissioner, UIC Uttaranchal Information Commission
118 Annexure-CXXV
PUBLIC AUDIT ( JAN SAMPREKSHAN )
******
FIELD OBSERVATIONS
OF THE CHIEF INFORMATION COMMISSIONER
WHILE ON TOUR OF
UTTARAKHAND
25th May to 15th June, 2007
PART : ONE
UTTARAKHAND INFORMATION COMMISSION
DEHRADUN, Uttarakhand
119 JAN SAMPREKSHAN
As one gains further insights into the implementation of the Right to Information Act ( RTI, 2005) it becomes clearer that the entire exercise is evolving into a kind of Social or Public Audit by the public of almost all public authorities, of all public activities which have been allowed access though the provisions of the Act. The Commission, in its practical guidelines to all state level public authorities on how to conduct review meetings of the PIOs, has also pointed out that besides becoming a practical review such a review also becomes a public review of their activities. It is so because while the Monthly Departmental Review Agenda is set by the HoD, setting out his own or current government priorities, in its RTI review of the PIOs the questions which get discussed are not listed by the departmental officers but the common public. Very often, as is obvious, the questions which might get discussed while taking up the questions asked by the public or the information sought by the public, is something which is normally not attended to either by the inspecting superior officers or the HoD himself or herself. The information sought under the RTI may not necessarily be current, in fact it might be so old that the official memory has simply lost track of it; hence this enables the department to re-visit the event covered by the information requested. The information requested may also be one of the forgotten 'scandals' that once rocked the department, but time pushed it under the carpet ! Majority of the questions relate to the 'discomfort zone' of the field officers, and that perhaps should be seen as such with more interest by the senior officials of the public authority. 'Audit' has somehow come to be identified with the 'discomfort zone' of the department and hence the rubric 'Audit'; and, as it is the general public which is conducting it through requests for information it is being termed as 'Social' or 'Public'. From being perceived as a 'discomfort zone' the departmental audit, and also the 'social audit' undertaken through the RTI mechanism should graduate into being "an Agenda for Administrative Reform ", as it rolls out an agenda which in any case should have been a priority, as it now brings into a sharp focus the transparency which should have been reflected in the records of the public authorities and the accountability which should have been in the conduct of the public servants. Mainstreaming of the RTI provisions hopefully would bring about a sense of Social or Public Audit which had become over due.
These Field Notes and Observations attempt to highlight these forgotten areas through the recommendations made in Jan Sampreksha proceedings.
RS Tolia
Field Notes
The Sixth - Round of Field - Visits by the Chief Information Commissioner covered districts of Naini Tal, Udham Singh Nagar and Champawat of Kumaon division. Besides holding district level public authorities meetings at Haldwani, FTI, Collectorate, Rudrapur and Collectorate, Champawat; the Tehsils and Blocks were also visited and discussions held with various Public Information Officers and
120 Departmental Appellate Authorities. Among public representatives only Block Pramukh of Khatima Block, Sri Anand Arya, was present during the Block visit.
1.1. Among Tahsils Haldwani ( Naini Tal ), Khatima ( US Nagar) and Lohaghat (Champawat ) were visited and discussions with the Sub Divisional Officers and Tahsildars were held.
1.2 Among the Blocks Haldwani and Khatima were visited and discussions held with the staff present.
1.3 Press and Media was also addressed after Haldwani, Rudrapur and Champawat district level meetings and media were also present during some block and tahsil visits.
1.4 Uttarakhand Update, Practical Guide to RTI and other UIC publications were also distributed amongst the participants. All these meetings and visits were adequately covered by the media in the news papers and electronic media, helping general awareness.
Proceedings of District Level Reviews:
2. Proceedings of Haldwani FTI meetings were approved after the City Magistrate provided the draft and returned to him for issue the same day. Rudrapur proceedings are to be issued after a draft is presented by Sri Mishra, the District Information Officer. Champawat proceedins are to be issued by the District Magistrate, Champawat, after the meeting. Copies of these proceedings are to be marked to the Secretary, Uttarakhand Information Commission ( Fax: 0135 2666779 ) who is to ensure subsequent follow-up, on major action points for the Information Commission.
Main Observations:
Formats for Registers:
3.1 The district level public authorities reviews brought out clearly that even after 18 months of the passage of the RTI Act many district level public authorities/district level officers have not been able to ensure that their own offices and all public authorities under them are using the Registered prescribed by the state government for the APIOs, PIOs and Departmental Appeal Authorities (DAAs). The District Magistrates, as the Nodal Officers for the district, should ensure that all departments and district level authorities are using the Proformas for the APIOs, PIOs and DAAs prescribed by the Government Order issued under the hand of the Chief Secretary vide GO. No. 146 dated 22 March , 2006 and are annexed as Annexure I, II and II, respectively. The GO and the Annexures have been reproduced in the Information Commission publication, Uttarakhand Update at pages 145-153. Copies of Uttarakhand Updates has been supplied to all DMs, CDOs, DIOs, SDMs,BDOs and all Pr Secretaries/Secretaries and HoDs and thus there is no excuse for using any other format. All District Level Officers should ensure that only these formats are in use by all APIOs, PIOs and DAAs. This is a legal binding as the Information Commission will take notice of only these Formats and the entries therein while computing Delays in Supply of Information under the Act,
3.2 Many district level officers were not aware of the details of these three Formats and some district level PIOs were found using Formats which had been used earlier than the one mentioned in paragraph 3.1. These must be changed at once and the entries of the "unauthorised" formats should now be transferred to the prescribed format,
121 Departmental Appeals:
3.3 Many district level PIOs were not aware that they are mostly PIOs for their own offices but DAAs for their subordinate PIOs; thus many of them were not aware of the Format for the DAA they are expected to keep and use. All district level PIOs must check this out and familiarize themselves with the work of the DAA,
3.4 Most of the district level officers, who have now to function as the Departmental Appeal Authorities, under section 19(1) of the RTI, have not fixed any date for hearing the appeals. All district level officers/district level departmental appeal authorities must now fix one day in every week, or at least one day in every fortnight, when they are in office at their designated headquarters and notify such a date for hearing the departmental appeals. On these fix dates they have to conduct their office-work and on the same day they must set apart a fix time in the day/days for hearing departmental appeals under section 19(1).
3.5 The officers like the Commissioners, Additional Commissioners, District Magistrates and SDMs and other Executive Magistrates on the executive side and various judicial officers/magistrates on the judicial side, already have fixed "court-days". These DAAs should keep the appeal days on the "court days" already so fixed, and widely publicize the days. Their subordinate PIOs, in any case, must know of these days as in some cases the DAAs may require their physical presence in addition to written statements on the appeals filed.,
Training for Departmental Appeals:
3.6 Most of the district level officers have not received any training to discharge their duties as the Departmental Appeal Authorities. Template Notices by the DAAs to both the parties, the fact that the appellant is to be served the notice, the fact that the appeal in these cases cannot be dismissed due to his absence, the fact that the onus of proof for having complied with the provisions of the RTI lies squarely on the PIOs, standard rejection order and other formats to be used, are required to be imparted to the DAAs. This type of training is in any case required to be given to the district level officers, as they have to undergo the same procedure while dealing with departmental administrative proceedings. The Uttarakhand Academy of Administration must immediately prepare a course module for all DAAs and accompanying Dos and Don'ts as DAA and impart this training on a very large scale. As the scale is going to be quite sizeable therefore a Core Group of Training Institutions under the UAA, Naini Tal should be assigned this duty and the training sessions can be organized by the respective Training Institutions like the UAA itself, UIRD, Rudrapur, the FTI, Haldwani, DIETS(Education department), the Patwari Training Institute at Almora, the ETCs and other training institutions. These will require to be conducted for many years to come and this should therefore be also included in the Foundation and Professional Courses for all directly recruited staff and the In-service modules run by the departments. The Information Commission should convene an urgent meeting of the UAA and all other Training Institutions and plan such a programme, in which the Commission could also assist substantially.
Prescribed Records:
3.7 Visits to the Tahsils and Development Blocks during this trip has highlighted the need to undertake a major drive in the state for " Standardization of Prescribed Records " for each of the public authority in the state. The Information Commission, as it is to take a legal notice of all records in use in each of the public authority must launch a drive and call upon each State Level
122 Public Authority ( 58 of them who are furnishing the Monthly Progress Report to the Commission), to complete the following task and report to the Commission in a Week's time the following:
(a) A Comprehensive List of all "records" "prescribed" by the public authority/department, through their Acts, Rules, Government Orders, Department Manuals which are in use at all levels of the public authority,
(b) A copy of their Weeding Rules, appending a list of records with their periods of retention,
(c) A list of periodical returns, or statements, or any other official arrangements, though which the official progress of their activities are called for compilation at the state headquarters, for reporting to the state government, or in the Annual Report of their Department, along with a copy of the directions issued to fill these periodical returns /statements,
(d) A list of statements, returns or diaries ( daily or otherwise ) prescribed for the supervising officers of the public authority which has been prescribed by any Act, Rules or executive order, or otherwise, which carries official sanction and can be used for official purposes, and
(e) A List of statements, periodical returns, registers, or formats which are being used without any statutory authority or legal sanction of the public authority, which requires to be banned or disallowed officially henceforth, and which need to be notified as not being a "record" for the purposes of the RTI Act.
Compilation of the Prescribed Records by each Public Authority:
3.8 These "Prescribed Records", after these have been compiled by each of the State Level Public Authority and after their approval from the administrative department are to be compiled by each public authority and communicated to their Public Information Officers and the Departmental Appeal Authorities, with a copy to the Information Commission, for the purposes of the RTI Act. Only those records which have been included in such compilations shall be taken note of, both for the purposes of the RTI access and as a proof of having been destroyed after following the Weeding Rules. Each public authority shall also issue directions that no unauthorized records, which are not included in this compilation, are to be used in any office subordinate to the State Level Public Authority. Maintenance of any "unauthorized records" shall be taken note of the inspecting/supervising officers of the public authority concerned, as well as the Information Commission.
3.9 Each public authority will ensure that the Compilation of the Prescribed Records consists of all "records in use in the public authority for any purposes" and these same records also figure in the Weeding Rules, with their period of retention mentioned against them.
Follow Revenue Department Records Manuals:
3.10 Each public authority should convert such a Compilation into a Records Manual of the Department, like it has been done in the case of Land Revenue. All records of the Revenue
123 Department have been prescribed and brought together as the Land Records Manual and their Weeding Rules prescribe the period of retention of each of the records mentioned in the Land Records Manual. Revenue department is a good role model to follow and all public authorities should get a copy of the Land Records Manual and try to frame their own Departmental Records Manual, which should also include the Weeding Rules, incorporating the period of retention of each record prescribed by the Land Records Manual. For the revenue cases the Revenue Court Manual prescribes all records therein, manner of request of compliance for copies of records in such cases etc. Thus in the revenue department most of the departmental records have been covered either by (i) the Land Records Manuals, or (ii) the Revenue Courts Manual,
Miscellaneous Records covered by the RTI
3.11 With the enactment of the RTI Act all such records which were neither covered by the Land Records Manual or the Revenue Courts Manual are now covered by the RTI Act. Field visits to the various tahsils revealed that most of the applications under the RTI related to those activities which were being performed by the revenue officials and which did not relate to the land management or land related court-work These are related to various inquiries which are entrusted to the executive magistrates ( SDMs, Tahsildars and other subordinate revenue officials ). The following activities which are directly not related to land revenue/land management is being carried out by the executive magistrates and the subordinate revenue officials:
(a) Permanent Residence Certificate ( Sthai Niwas Praman Patra) is easily the one miscellaneous activity which is most in demand. There are two GOs issued by the General Administration Department(GAD) viz No. 2588, dated 20th November, 2001 and No. 28, dated 9th February, 2004. The second GO No. 28 is an improvement on the former in so far it prescribes (i) the place and format and the person(s) to whom the application is to be presented,(ii) entry of the application is a register to be kept for the purpose,(iii) receipt to the applicant,(iv) period within which the Lekhpal is required to submit it to the Tahsildar and its entry in their own records,(v) period fixed for Tahsildar to forward it to the SDO and to fix a date for the applicant for removal of doubts if any,(vi) maximum period for the SDO to issue the Certificate or rejection with reasons to be communicated to the applicant, (vii) review powers with the Collector which is declared final, and (viii) SDO to review the register of applications for checking pendency once a week. The revised, and extant orders of the 9th February, 2004 are closest to the requirements all such applications must meet for timely disposal. This work according to the SDM, Lohaghat is maximum, and every year on an average 3 to 4,000 certificates are issued in his sub-division ( Lohaghat sub-division today has a population of 1,16,000, after separation of Pati, with Pati it used to be 1,56,000; which in turn used to be 2,24,000 before separation of Tanakpur sub-division). Before creation of the state it had a high of 5,556 in 1998 and after the creation a maximum of 5,236 was recorded in 2002. Presently it averages 4,000 plus every year,
(b) Character Certificates ( Charitra Praman Patra): The extant GO issued by the Public Works Department NO. 3428, dated 20th October, 1984 seems a follow-up of GO No.5638, dated 1.1.83 ( a decision, para 4 of which states that a Character Certificate will be obtained from the Contractor/Thekedar at the time of his registration ) and through this GO it has been stated that this Certificate must be issued by the District Collector, or Additional Collector or a Deputy Collector, with his name and seal clearly visible and
124 legible otherwise it would be deemed illegal. A revised draft character certificate is also appended to the GO. In Lohaghat from 2001 onwards these Character Certificates are being issued starting with 317 in 2001 this number peaked in 2003 to 1095 and has been fluctuating ever since, averaging 700 to 800. Typically, the GO continues in use, doesn't say whether this has been validated after the state was created; and most importantly no particular receiver has been identified, no register where records are to be kept has been prescribed and no outside time limit for its issue has been fixed. Obviously, in the absence of all these co-ordinates it would be very difficult to trace its continuity or timely issuance, leading to all kinds of mal-practices. This deserves a total over-haul on the lines of the GO on the Permanent Residence Certificates.
(c) Minorities Certificates (Alpasankhyak Praman Patra): In existence, bearing No. 429, issued by the Alpsankhyak Kalyan evam Waqf Anubhag, dated 31st October, 1998, with a format appended, authorises DMs/ADMs/DMs/City Magistrates/SDMs/Tahsildars or any other executive magistarte authorized on this balf. Suffers from all shortcomings mentioned in the Character Certificate, no where registers for receipt, or issue, or time limit etc has been prescribed. Although not at all used in thye Lohaghat sub-division, it remains in the Guard File of the DDO/SDM, and deserves either amendment and further detailing and of course, endorsement in the new state for its use or abolition altogether,
(d) Caste Certificates ( Jati Praman Patra ): Most contentious of them all and recently a subject matter of an appeal pending in the Information Commission, which was also pursued by the Commission during this round of Field Visits. SDM Lohaghat's Guard File has as many as five GOs on the subject of Caste Certificates. Two pre-date the formation of the State.
The First, issued by the Personnel Department (Karmik) in UP No 22, dated 5th January, 1996, draws attention towards earlier GO No. 484 dated 29th March, 1994 and this GO sees to prescribe scrutiny procedure for verification of a Caste Certificate before filling a reserved post, following Supreme Court decision of 2nd September, 1994 ( Kumari Madhuri Patil vrs Additional Commissioner Tribal; and Writ No. 2884 of 1995, passed by the High Court bench of Lucknow ( Dr Anand Pratap Singh vrs UP State ). This deserves to be looked at by the Personnel and Social Welfare Department of Uttarakhand Government, as in Uttarakhand the Personnel Department and Social Welfare Department. both seem to be issuing orders on Caste Certificate related issues. Both Departments should also check-up as to which Department should be issuing any instructions on the subject, based on the Distribution of Business Rules, issued under Article 166 of the Constitution. Subsequent orders /Gos issued by the Personnel or Social Welfare Department do not seem to take any notice of this, while this GO remains on the Guard File of the SDM, Lohaghat,
The Second, bearing No 1708, dated 5th November, 1998, issued by the Backward Classes Welfare Section, covers issuing Caste Certificate for the members of Backward Classes, based on Ordinance issued on the 23rd March, 1994 (55 entries), adds 37 sub-castes issued through a Personnel department; revised list of 70 entries by the Backward Classes Welfare department.
Both belong to the UP days and suffer from the fact that no specific directions have been contained in regard to registers to be kept by any particular office, maximum time for issuing certificates etc etc.
125 Of the Third, Fourth and the Fifth GOs, all issued after formation of the state, the First has been issued by the Personnel ( karmik ) and the other two by the Social Welfare Department. At the Centre, now the Reservations related matters are dealt with in the Personnel, whereas for the developmental matters and atrocities related matter there are Social Empowerment and Tribal Affairs Ministries. It would be advisbale to enquire about distribution of work among those three Ministries and take appropriate decision in the state about the distribution between the two departments in our state, viz the Karmik and the Social Welfare.
The GO No. 1540 ( 1 ) / Karmik - 2, dated 29th March, 2003 seems to be the main operating GO issued under section-9 of the Uttar Pradesh Lok Sewa ( Anusoochit Jatiyon, Anusoochit Janjatiyon Aur Anya Pichedey Vargon Ke Liye Aarakshan) Adhiniyam, 1994. All it says is the authorities who are authorised to issue certificates and the proformas which have been prescribed. This GO suffers from the precision about the prescription about registers prescribed for entering applications for these Caste Certificates, ambiguity whether the application registers are to be kept at each place of office competent to issue viz. DM, ADM, City Magistrate/ SDM/Tahsildar, fails to prescribe the process of filing aplication, forms required to accompany an application, levels of enquiry the application form has to undergo, maximum time which can be taken at any level etc. The Fourth and the Fifth, bearing Nos.3323 dated16th December, 2003 and No. 1358 dated 18th September, 2006, are their specifically in context of Certificates for the wards of the migrants to other states and conveying of lists of SCs, STs and OBCs of the new state of Uttarakhand. The Fourth and the Fifth, deserve to be included in a Compendium which should be brought out on all GOs related to reservation issues.
From the view point of present discussion on the legal status of the records related with the issue of Caste Certificates, it becomes obvious that there exists a case for issuing detailed Orders in respect of issuing of New Caste Certificates, clearly specifying the levels where the applications can be received, prescribing an application form and the annexures which are required to be appended, a register for receipt of applications, entering details of application, mentioning levels of enquiry and submission of inquiry report/recommendation, names of inquiry officials, approving official's name and designation and date of issuing the certificate. Details akin to ones in the Permanent Residence Certificate are required. All the records are to be declared Permanent and to be preserved permanently. Now, digitisation of all records related to Caste Certificate would be essential as the complaints regarding issue of false Caste Certificates have been received from many quarters and the Government of West Bengal is bringing out strict legislation for punishing such misdeeds. In Uttarakhand, in Kalsi already 12 false certificates have been proved and action taken, including one against the the Pradhan of Kalsi.
Going by the above analysis it is clear that the registers kept at the DM, ADM, City Magistrate, SDM, Tahsildar on the issue of issuing Caste Certificates have to be immediately collected, and a consolidated list of all SC/ST/OBC certificates compiled, digitised and all Issue Registers now consolidated year-wise. Obviously, certificates issued directly from all levels other than the Tahsildars, are based not on the certificate of the local Patwari/Lekhpal; calling for verification from the concerned Tahsil's field staff. All past Issue Registers kept at various levels other than the Tahsildar must be kept at the Tahsil headquarters and the consolidated List made available to other levels. There is need for a Consolidated Order on Issue of Caste certificate which makes it more accountable and transparent, than it is at present.
126 Unavailability of Pre-1984 Issue Registers and related records
3.12 The tahsils of Haldwani and Khatima reported unavailability of Caste Certificate Issue Registers of pre 1998 and 1994 vintage. Haldwani Issue Registers were collected after the Information Commission called for reports from each Tahsil, year-wise from 1951 onwards. DMs should quickly complete the exercise ordered by the Commission, and while doing so they should keep n mind the date of creation of Tahsil, while demanding the information. It is now obvious that the Issue Registers kept at the DM, ADM, SDM, City Magistrate, besides the Tahsil, will also be required to assess the position. DMs should now additionally report about the up-keep of application forms submitted to the all other levels will need to be inquired, before a final assessment is made. These now have to be collected and sent to the Tahsil concerned for being preserved as a permanent record.
Development Block records Most Un-organized :
3.13 Going by the evidence of Haldwani and Khatima Blocks the Rural Development Department and the Panchayati Raj Departments need to immediately attend to the existing situation, both in context of the RTI record keeping, and even other-wise departmentally, which to say the least is most alarming. Not surprisingly, given the situation as it exists, the monthly progress report of the Rural Development Department and the Panchayati Raj departments is a very small fraction of the total number of applications received during the financial year ended 31st March, 2007. While the Revenue department accounted for 19.43 % of total applications received ( 1784 out of 9184), as reported in the MPRs, the Rural Development department reported just 6.45% ( 592 out of 9184 ) and the Panchayati Raj 1.05% ( 96 out of 9184 ).
3.14 Khatima blocks prescribed registers, monthly returns and other papers were examined at lenght. The block Pramukh Sri Anand Arya was also present during the review of records and examination. Khatima has a population of 1,89,203( 2001 census), 92 revenue villages, and 55 Gram Panchayats and 28 Gram Panchayat Vikas Adhikaris. The BPL survey has identified 12,632 BPL families.
RTI Registers and Disposal of Applications received:
3.15 Register No. I, meant for the APIOs has not been kept on the prescribed proforma and the two entries of 26 March 2007 of Mohan Chand Joshi, village Pachauria, PO Chakarpur, seeking information about the budget of Gram Panchayat Kutri,for years 2002 to January 2007, has not been disposed of. Neither is the entry complete. The in charge BDO, Sri RC Fular and the ADO ( Panchayat ) are unaware of the Registers format as well as how to dispose the aplication. They have not received any training nor has any touring officer cared to educate or advise them. The second entry in Register No. I is dated 26th April 2007, from village Sarpura , requesting for budget expenditure in the village during the last 4 years. The postal order of Rs 20 in the name of the BDO has been encashed and transferred to APIO.This has been signed by the Gram Panchayat Adhikari, designated as APIO ! It shows utter ignorance about almost the entire process of RTI ! No one seems to have any clue as to what is being done or noted on registers kept. The ADO(Panchayat), also was unaware about the entire process. A Register No. 2 has also been kept for the PIO. Its heads are not on the prescribed format . It has just 9 columns instead of the prescribed 16. There are no entries in it. Another Register No. 3, entitled Lok Soochna Appeal registration has been kept it is also not on the prescribed register. The BDO
127 and the ADO had no idea where the Registers were prescribed or what is the meaning of all these registers. In brief, all the three registers are neither on prescribed proforma nor have they been filled up. Above everything else the staff concerned have absolutely no idea about the entire regime of the RTI, while methodically they are returning Zero figure in their monthly returns to the CDO office !
Reporting Zero for 12 months to the DM and the DDO !
3.16 On request all returns furnished in the name of monthly progress reports wre scanned it it appears that the BDO has sent returns to the DM, US Nagar on 25th March, 2006 ( No. 1435 ), 25th May, 2006 ( No.190), 22nd June, 2006 ( No. 278 ) and similarly to the District Development Officer ( DDO ) on 25th March, 2006 ( No. 77 ), 25th May, 2006( No.189 ), 22nd June, 2006 ( No. 276) on 21st July, 2006 regularly for all the 12 months ? Only one thing is common in these two sets of monthly reporting the set of letters go on the same day one each to the DM and the other to the DDO, bearing differnt despatch number, with one common fact that these all report ZEO month after month. This consistency is amazing in the sense hat the BDO does not ask either of the two, the DM and the DDO, as to why they need two reports, on the same format. Apparently at the district level also there is no co-ordination on reporting and while there is consistency in reporting there s no check, no quality-control on reports. The BDO also could not care less ! These MPRs are also kept on a file un-numbered and just bunched. However, the format of DM is different from that of the DDO, DM is using his own Format while the DDO has used the one prescribed by the Commission.
Actual Applications received and handled by the Block:
3.17 On demand the BDO made another file (un-numbered) in which correspondence related to RTI has been handled. This shows the following papers on RTI:
(a) Application from one Keshar Singh Chauhan, Up Gram Pradhan, village Khetarsanda Mustajar, dated 28.5.2006, with a copy of challan of Rs. 10,,dated 10th May, 2006, on Form No. 43-A, FHC , Koshgar Patra, Treasury Sub-Treasury, addressed to SDM, Khatima; SDM marks it to BDO Khatima on 22nd July, 2006. This relates to information on BPL cards issued by the BDO, development works in Khetalsanda Mustajar. SDM has just marked it by hand to the BDO. Neither the SDM enters on his Register 2 for PIO and transfers it to the BDO, nor BDO enters it in his register of the PIO. BDO vide his letter 428, dated 2nd August, 2006 sends it to GPVA Khetalsanda Musajar, calling for information. No copy is marked to the applicant either by the SDM or by the BDO till 2nd August 2006, even though the challan has been deposited on the 10th of May, 2006 ( already more than 82 days have been taken by these two officers, without the applicant knowing anything about it, and without any entries in the Registers of the SDM and the BDO !.). technically speking the period of both the PIO and the DAA is over, and deemed rejection has taken place. First reminder to the GPV Adhikari is issued on 21st August, after 19 days!( Letter No. 512 ), calling for his explanation for delay. GPVA informs the BDO on 25th August, 2006 that he has furnished details required to Keshar Singh and his acknowledegment is furnished. SDM is also informed vide No. 539.
(b) The next application is one addressed to the PIO of US Nagar, marked to DPC/AO by the APIO, on 8.8.2006, Rs 10 being deposited on the date of application itself in cash by one Kishan Singh Uprari, of Parvatiya Gramodyog Sewa Sanstahn. It calls for information
128 statistics on Kahtima, ICDS, Widows etc. The APIO has just marked it on the margins. This has been passed on to the BDO vide NO 910 on the 10th August, 2006, transferred under section 6(3), with copy to the applicant. There is a number 644/11.8.06, probably despatch no. It is not registered post. BDO marked it to ADO(P) on 11 .8.2006. BDO calls for information from ADO SW and ADO etc. On 23 August, 2006 BDO informs the applicant that information has 532 pages and he should deposit Rs 1,064 as copying fee; copy endorsed to CDO for information. Letter is acknowledged by the applicant on 25th August, 2006. Another letter is sent with calculation memo on the 16th September, which is also received by the applicant on the 22nd September.
(c) Applicant Ms Shahida Naaj, Poligunj Majhola, applies to PIO, DSO/BDO, with Rs 10, dated nil, on 5 points related to civil supplies; BDO transfers it on 9th November, 2006 to the Supply Inspector( No. 884), with copy to the applicant. Not registered post and not posted on APIO register. This should have been entered in the PIO register of the BDO. and shown out after issue of letter. This should have also been reported in the MPR of November, 2006.
(d) One Mohan Chand Joshi, village Pachauriya, applies to the APIO, GPVA, Gram Panchayat Kutri, with Rs 10 as application fee, on 25th January, 2007 calling for budgetary details for 2003 to 2007 and suggesting that he will be depositing extra expenses on being told. This application should have been registered in the PIO register of the Pradhan Kutri Gram Panchayat, and should have been reported in the MPR for the month of January, 2007, which has been reported Zero by the BDO. The BDO apparently has not been chaecking the PIO registers of the Pradhans/PIOs before reporting the MPRs. The ADO ( Panchayat ) or the BDO himself should have taken this report in the MPR for January, 2007. Joshi reminds BDO about it on 26th March, 2007; BDO reminds the GPVA on 26th March, 2007( No.1453 ); still misses to include it in the MPR; second reminder on the 28th March ( No. 1462). Mohan Joshi writes to the BDO on 19th April, 2007 expressing his satisfaction on action taken by the GPVA "orally informing about the cash book of Kutri" !
(e) One Chamu Singh applies on the 26th April, 2007, with postal order for Rs. 20 and by registered post calling for information on 8 counts, about Gram Padhan Nand Lal, Pradhan of village Sarpada Bagcha to PIO, Block Khatima. BDO transfers the information in the original to PIO, Pradhan on 30th April, 2007(No. 102), with copies to the applicant and the GPVA. This should have been entered in the PIO register and exited and reported in the MPR for the month of April, 2007. Sends copy to GM, DIC on 3rd May, 2007( No. 112 ), with copy to the applicant. However, the BDO returns Zero return for the month of April as Zero to the DDO ( No. 65, dated 23rd April, 2007) also to the DM ( No. 68, dated 23rd April, 2007) ! GPVA on the 18th May, 2007 furnishes information on the 8 points to the BDO, which is kept on the file shown to the Information Commissioner, with the assurance that a copy of this would also be made available to the applicant..
3.18 These five cases, reported in extenso, show that how the applications being handled by the various officers of US Nagar, from the Collector to the GPVA, and all in between, are still handling these as any other correspondence in the past, or as in all non-RTI cases, and totally oblivious of the time being taken is also not being brought on the registers of the PIOs, at various levels. Out of the five noted here, four belonged to the last year and the fifth to the current year; however, all five remain outside the reporting.
129 Reporting of section 6(3) Cases:
3.19 Yet another issue which emerges from these five reported cases is, how to deal and report the cases transferred under section 6(3). First issue is to bring them on PIO register. The five point MPR, presently in use, does not capture the cases handled through section 6(3) mechanism. These cannot be termed as "substantially handled" by the PIO, who transferred it to another PIO, who was concerned with the subject. However, on transfer, the next PIO is also to bring it on his PIO register, In such a case it becomes double reporting in as much as it is brought to more than one PIO. There could be cases, like the one on (b) above which relate to several PIOs. To the extent, one application is dealt by many PIOs, it substantially gets converted into more than one PIO, as each sub-part becomes an application in itself. The only loss is that of application fee, per application. Thus, where in one application more than one PIO are dealing with the application, the application could be entered in as many PIOs as will be required to deal with the subjects/themes and to that extent the reporting cannot be perhaps termed as duplicate reporting. Only in cases, where the entire application gets transferred there is a case for not reporting it on the PIO register of the transferer PIO. This would require elimination of such transferred applications under section 6(3).
Non-use of Authorized Records and Use of Un-authorized :
3.20 It was observed that Khatima Block was using Aarthik Registers which were different from the original one. The Aarthik Registers had spaces for entering progress reports e.g. Indira Awas allotted, which were entered for some years but during the first three years after the formation of the state no entries have been made in the Aarthik Registers, even though it had been in use. Officially, even now it is in use, as it has not been suspended/abolished/withdrawn. However, entries are being made on registers/records which have not been officially prescribed. Why the Aarthik Registers have not been used, the BDO had no explanation; just as he had no explanation for entering them on "unauthorized records". Now, if information was asked from the "authorized records", as there are no entries, how can information be made available from the block records ? No entries have similarly been made about the SHGs assisted, even though there is space on the page mentioning the IRDP, DWACRA or TRYSEM, whom the SHGs have replaced. How and where are the entries related to SHG maintained and whether they are "prescribed" ?
3.21 Asked whether the Indira Awas entered in the Aarthik Register have been reflected in the new Survey of BPLs, the BDO could not say with any certainty. What needs to be immediately done is to prescribe "authorized registers like the Aarthik Registers" for entering "outcomes" or "outputs" like was being done in the Aarthik Registers. In the absence of such Registers all records are being maintained in an unauthorized manner, which may be contested at any state and the Commission will have to take a stand on these records and their authenticity ? The Rural Development department has to seriously remove this lacunae, as it has already happened for so many years now. What is true of the Rural Development department is also true for all public authorities, and each of them are now required to ensure that such entries are now recorded on only "prescribed and authorized records only" and all other entries be officially banned and declared illegal.
130 Annexure-CXXVI
ek0 eq[; lwpuk vk;qDr }kjk fd;s x;s iquokZl funs'kky; ds Hkze.k nkSjku yksd lwpuk vf/kdkfj;ksa@foHkkxh; vihyh; vf/kdkfj;ksa ds lkFk gq;h leh{kk cSBd
fnukad 12@07@2007
ekuuh; eq[; lwpuk vk;qDr us lwpuk ds vf/kdkj vf/kfu;e ds laca/k esa yksd lwpuk vf/kdkfj;ksa@foHkkxh; vihyh; vf/kdkfj;ksa dh leh{kk cSBd iquokZl funs'kky;] ubZ fVgjh essa yh x;h ftlesa yksd lwpuk vf/kdkfj;ksa@foHkkxh; vihyh; vf/kdkfj;ksa dks lwpuk ds vf/kdkj vf/kfu;e ds laca/k esa tkudkfj;k¡ nh x;ha o mUgsa bl vf/kfu;e ds 18 eghuksa ls Hkh vf/kd dk le; O;rhr gksus ij mlds fdz;kUo;u ds laca/k esa funsZ'k fn;s x;s-
2- yksd lwpuk vf/kdkfj;ksa vkSj foHkkxh; vihyh; vf/kdkfj;ksa dks muds nkf;Roksa ds fuoZgu ds laca/k esa tkudkjh nsrs gq, ek0 eq[; lwpuk vk;qDr egksn; us ;g voxr djk;k fd fdl izdkj ls ,d gh in dk fuoZgu djrs gq, yksd lwpuk vf/kdkjh foHkkxh; vihyh; vf/kdkjh Hkh gS bldks ,d mnkgj.k ds rkSj ij ek0 eq[; lwpuk vk;qDr egksn; us dgk fd ** ftykf/kdkjh vius ftys esa ,d yksd lwpuk vf/kdkjh gS tcfd ogh ijxus ds laca/k esa foHkkxh; vihyh; vf/kdkjh Hkh gS mlh izdkj miftykf/kdkjh vius ijxus esa yksd lwpuk vf/kdkjh gS tcfd rglhy Lrj ij og foHkkxh; vihyh; vf/kdkjh gS** nwljk mnkgj.k iqfyl foHkkx dk nsrs gq, mUgksaus voxr djk;k fd **fMIVh ,l-ih- vius dk;kZy; esa yksd lwpuk vf/kdkjh gSa tcfd Fkkuksa ds os foHkkxh; vihyh; vf/kdkjh gS** bl izdkj ds mnkgj.kksa ls ek0 eq[; lwpuk vk;qDr us yksd lwpuk vf/kdkjh rFkk foHkkxh; vihyh; vf/kdkjh ds nks :iksa dks iznf'kZr fd;k-
3- ek0 eq[; lwpuk vk;qDr egksn; us yksd lwpuk vf/kdkfj;ksa rFkk foHkkxh; vihyh; vf/kdkfj;ksa dks 'kklukns'k la[;k 146 fnukad 22 ekpZ] 2006 dh Hkh tkudkjh nh ftlesa mUgsa jftLVjksa dk laj{k.k fdl izdkj djuk gS blds fo"k; esa voxr djk;k x;k- yksd lwpuk vf/kdkfj;ksa@foHkkxh; vihyh; vf/kdkfj;ksa dks muds }kjk j[ks tkus
131 okys 3 izdkj ds jftLVjksa ds fo"k; esa tkudkjh nh x;h- foHkkxh; vihyh; vf/kdkjh ds Lrj ij j[ks tkus okys jftLVj esa 8 dkWye] yksd lwpuk vf/kdkjh ds Lrj ij j[ks tkus okys jftLVj esa 16 dkWye rFkk lgk;d yksd lwpuk vf/kdkjh ds Lrj ij j[ks tkus okys jftLVj esa 9 dkWye ds fo"k; esa tkudkjh nh x;h- ftykf/kdkjh] fVgjh x<+oky ls vis{kk dh x;h fd os 'kklukns'k la[;k 146 dh izfr izR;sd foHkkxh; vihyh; vf/kdkjh dks miyC/k djk;sa-
4- 'kklukns'k la[;k 146 esa fn;s x;s 10 :i i=ksa ds fo"k; esa tkudkjh nsrs gq, ek0 eq[; lwpuk vk;qDr egksn; us :i i= 4 ds laca/k esa tkudkjh nh fd ;g lgk;d yksd lwpuk vf/kdkjh }kjk yksd lwpuk vf/kdkjh dks vxzs"k.k izi= gS ftls Hkjdj og yksd lwpuk vf/kdkjh dks vuqjks/k izkfIr dh lwpuk nsrk gS- :i i= 5 ds fo"k; esa voxr djk;k x;k fd ;g lwpuk 'kqYd dh ikorh dk izi= gS tcfd :i i= 6 vfrfjDr 'kqYd dh lwpuk ds laca/k esa gS- voxr djk;k x;k fd :i i= 7 rhljs i{k/kj ls lwpuk gksus ij lwfpr djus ds laca/k es gS- :i i= 8 ds ek/;e ls yksd lwpuk vf/kdkjh lwpuk dk vius ls laca/k u gksus ij vf/kfu;e dh /kkjk 6¼3½ ds varxZr lacaf/kr yksd lwpuk vf/kdkjh dks izsf"kr dj ldrk gS ftls og 5 fnu dh fu;r vof/k esa gh djsxk- :i i= 9 ds ek/;e ls yksd lwpuk vf/kdkjh ;fn vuqjks/k i= dks fdUgha dj.kksa ls vLohd`r djrk gS rks mldh lwpuk vuqjks/kdrkZ dks nsxk- :i i= 10 ds ek/;e ls yksd lwpuk vf/kdkjh vuqjks/kdrkZ dks llayXu lwpuk izsf"kr djsxk- bl izdkj ek0 eq[; lwpuk vk;qDr us leLr izfrfuf/k;ksa dks :i&i=ksa ds laca/k esa tkudkjh nh fd os fdl izdkj ls lwpuk ds vuqjks/k i=ksa dk voyksdu djsaxs-
5- yksd lwpuk vf/kdkfj;ksa dks funsZ'k fn;s x;s fd vuqjks/kdrkZ }kjk lwpuk ekaxus ij os miyC/k lk{;ksa dh Nk;kizfr djokrs gq, mls 2 :i;s izfri`"B dh nj ls vuqjks/kdrkZ dks miyC/k djk;saxs tks lR;kfir gksuh vko';d gS-
6- ftykf/kdkjh] fVgjh x<+oky dks ek0 eq[; lwpuk vk;qDr }kjk ,d gS.Mcqd Hkh HkssaV dh x;h rFkk crk;k x;k fd leLr yksd lwpuk vf/kdkjh bl gS.Mcqd ds ek/;e ls lwpuk ds vf/kdkj vf/kfu;e ds laca/k esa visf{kr tkudkjh izkIr dj ldrs gSa- lkFk gh mUgsa ;g Hkh voxr djk;k x;k fd os ;fn bl gS.Mcqd dks ysuk pkgrs gSa rks os vk;ksx ds ek/;e ls l'kqYd bls izkIr dj ldrs gSa-
7- foHkkxh; vihyh; vf/kdkfj;ksa@yksd lwpuk vf/kdkfj;ksa dks mRrjk[k.M viMsV ds fo"k; esa tkudkjh nsrs gq, ek0 eq[; lwpuk vk;qDr egksn; us crk;k fd lwpuk ds vf/kdkj vf/kfu;e ds laca/k esa
132 'kklu Lrj ij ftrus Hkh vkns'k fuxZr gq;s gSa os lHkh mRrjk[k.M viMsV esa ladfyr gSa ;fn foHkkxh; vihyh; vf/kdkfj;ksa@yksd lwpuk vf/kdkfj;ksa ds ikl mRrjk[k.M viMsV dh izfr miyC/k u gks rks os vk;ksx ds ek/;e ls bls l'kqYd izkIr dj ldrs gSa-
8- lwpuk ds vf/kdkj vf/kfu;e dh /kkjk 4¼1½¼[k½ ds fo"k; esa tkudkjh nsrs gq, ek0 eq[; lwpuk vk;qDr egksn; us voxr djk;k fd vf/kfu;e dks ykxw gq, 2 o"kZ gksus dks gSa rFkk 58 foHkkxksa ds eSuqvy vuqeksfnr gks pqds gSa vc ek= 3 foHkkxksa ds eSuqvy vuqeksfnr gksus 'ks"k gSa- vk;qDr egksn; us voxr djk;k fd bu 16 fcUnqvksa ds vk/kkj ij cuus okys eSuqvyksa esa gh vf/kdka'k lwpuk;sa ladfyr gSa vr% leLr foHkkx vius&vius eq[;ky;ksa ls mu eSuqvyksa dks rhu izfr;ksa esa izkIr djsa o ,d izfr vius foHkkx esa ,d izfr ftykf/kdkjh dk;kZy; o ,d izfr eq[; fodkl vf/kdkjh dk;kZy; esa vo'; j[ksa blds fy, ftykf/kdkjh] fVgjh dks Hkh funsZ'k fn;s x;s fd os viuh dySDVªsV esa ,d gh LFkku ij leLr foHkkxksa ds eSuqvy j[ks tkus gsrq eSuqvy d{k Hkh cuk;sa ftlesa vke turk visf{kr tkudkjh ljyrk ls izkIr dj lds- yksd lwpuk vf/kdkfj;ksa@foHkkxh; vihyh; vf/kdkfj;ksa dks funsZ'k fn;s x;s fd bu eSuqvy dh izfr;ksa dks ysrs le; ;g vo'; ns[k ysa fd mudh LoPN izfr gh miyC/k gks- eSuqvyksa ds ek/;e ls vke turk vf/kd ls vf/kd lwpuk;sa izkIr dj ldrh gS rFkk vuko';d ijs'kkuh ls Hkh cp ldrh gS- foHkkxh; vihyh; vf/kdkfj;ksa@yksd lwpuk vf/kdkfj;ksa dks voxr djk;k x;k fd vusd 'kklukns'k mUgsa vius foHkkx ds eSuqvy esa gh izkIr gks tk;saxs vkSj ;fn mUgsa dgha ij la'kks/ku dh vko';drk yxrh gS rks os mlls vius eq[;ky; dks voxr djk;saxs-
9- foHkkxksa ls vis{kk dh x;h fd os vius eSuqvyksa dk fMftVkbZts'ku djsa] mls viuh oSclkbZV esa Hkh Mky ns vkSj mldh ,d lhMh Hkh cuk ysa rFkk vuqjks/kdrkZ ds lhMh esa ekaxus ij lwpuk dks lhMh esa Hkh miyC/k djok;sa-
10- foHkkxh; vihyh; vf/kdkfj;ksa@yksd lwpuk vf/kdkfj;ksa dks ijke'kZ fn;k x;k fd os vius foHkkx esa pys vk jgs ohfMax :Yl dks dySDVªsV esa vo'; j[ksa rFkk ftu foHkkxksa ds ohfMax :Yl ugha cus gSa mlds fy, ftykf/kdkjh] fVgjh dks ijke'kZ fn;k x;k fd os ohfMax ds laca/k esa vko';d fu;e cuk;sa ftlls vuko';d i=kpkj u gks rFkk ;g tkudkjh izkIr gks lds fd lacaf/kr vfHkys[kksa dk fofu"Vhdj.k dj fn;k x;k gS-
133 11- ek0 eq[; lwpuk vk;qDr egksn; }kjk voxr djk;k x;k fd ;fn vuqjks/kdrkZ }kjk lwpuk ekaxh tkrh gS rFkk i=koyh fofu"V ugha dh x;h gS vkSj lwpuk miyC/k djkus ds fy, i=koyh ugha fey ik jgh gks rks lacaf/kr Fkkus esa uke ls ,QvkbZvkj ntZ gksxh- lwpuk ds vf/kdkj vf/kfu;e ds varxZr i=kofy;ksa dk vfHkj{k.k lokZf/kd egRoiw.kZ dk;Z gS-
12- iquokZl funs'kky; dk ek0 eq[; lwpuk vk;qDr egksn; }kjk Lo;a fujh{k.k fd;k x;k rFkk fofHkUu izdkj ds funsZ'k fn;s x;s ftlesa i=kofy;ksa ds laj{k.k] losZ jftLVj dk lR;kiu] losZ jftLVj esa i`"B la[;k vafdr djuk] i=kofy;ksa dh okMZ okj ,d lkFk ckbfUMax dh tk;s] vyekfj;ksa esa j[ks x;s vfHkys[kksa dks Hkh lwphc) dj ,d vyekfj;ksa ds ckgj muesa j[ks x;s vfHkys[kksa dh lwph j[kh tk;s] o leLr vfHkys[kksa dk dEI;wVj ds ek/;e ls fMftVkbZts'ku fd;k tk;s- ek0 eq[; lwpuk vk;qDr }kjk iquokZl funs'kky; dks ;g Hkh funsZ'k fn;s x;s fd i=kofy;ksa ds LFkkukarj.k dh O;oLFkk Hkh lqfuf'pr dh tk;s ftlls ;g Kkr gks lds fd dc dgkWa ls fdruh i=kofy;kWa funs'kky; dks izkIr gq;h gSa tSls fd Vh,pMhlh ls tks jftLVj funs'kky; dks fn;s x;s gSa mudk dksbZ fjdkWMZ ugha gS vr% funs'kky; dks vius ;gkWa i=kofy;ksa ds vfHkj{k.k esa O;kid lq/kkj djus vko';d gSa-
izfrHkkfx;ksa }kjk ek0 eq[; lwpuk vk;qDr ds lkeus dbZ ftKklk;sa j[kha ftudk fooj.k fuEu gS %
1- izfrHkkxh }kjk vis{kk dh x;h fd ;fn dksbZ vuqjks/kdrkZ vius vuqjks/k i= ds lkFk :i;s 10 dk 'kqYd tek djrk gS rks lwpuk miyC/k djokrs le; tks vU; O;; gksxk mldk O;; Hkkj fdl ij iMsxk \
ek0 eq[; lwpuk vk;qDr }kjk izfrHkkxh dh ftKklk dks ns[krs gq, voxr djk;k fd vf/kfu;e esa 5 izdkj ds 'kqYd dh O;oLFkk dh x;h gS] 385 dh jlhn ds ek/;e ls@Hkkjrh; iksLVy vkWMZj ds ek/;e ls@cSad Mªk¶V ds ek/;e ls@ukWu T;wfMf'k;y LVkWEi isij ds ek/;e ls@pSd ds ek/; ls] mDr 'kqYd ljdkj ds [kkrs esa Vªstjh ds ek/;e ls tek fd;k tk;sxk- ek0 eq[; lwpuk vk;qDr }kjk mnkgj.k ds rkSj ij voxr djk;k x;k fd tSls 'kqYd ftykf/kdkjh dk;kZy; esa fn;k x;k vkSj vuqjks/ki= /kkjk 6¼3½ esa varfjr dj fn;k x;k gS rc vuqjks/kdrkZ mldh jlhn ys ysa og 'kqYd dks"kkxkj esa tek gks tk;sxk- tks izfrfyfidj.k 'kqYd gS og foHkkx vuqjks/kdrkZ dks dSydqys'ku eSeks cukdj nsxk mlesa ;g lc fu;r fd;k tk;sxk- dSydqys'ku eSeks dks jftLVMZ i= ls gh Hkstk tk;s tc rd dSydqys'ku eSeks dk tokc
134 ugha vkrk gS rc rc le; dh x.kuk ugha dh tk;sxh- ;fn fdlh izdkj dh lwpuk fn;k tkuk laHko ugha gS rc vf/kfu;e dh /kkjk 7¼9½ dk iz;ksx fd;k tk;sxk o vuqjks/kdrkZ dks lwfpr fd;k tk;sxk fd os foHkkx esa vkdj i=kofy;ksa dk fujh{k.k djds okafNr izi=ksa dks bafxr dj ysa ftlls mUgsa lwpuk miyC/k djk;h tk lds pwafd lwpuk fo'kky :i esa miyC/k gS- lwpuk dks miyC/k djk;k tkuk bu ckrksa ij fuHkZj djrk gS fd lwpuk miyC/k djkus esa tks le;] Je vkSj lkeF;Z yxk mlls tks fgr lk/; gks mldk vuqikr D;k gS bldk vkadyu dj yksd fgr dks ns[krs gq, gh lwpuk miyC/k djok;h tkuh pkfg,-
2- ,d izfrHkkxh; }kjk chih,y izkFkhZ ds laca/k esa tkudkjh pkgh x;h fd ;fn chih,y dkMZ /kkjd lwpuk izkfIr gsrq vkosnu djrk gS rFkk lwpuk vf/kd gS rc mls fu%'kqYd fdl izdkj ls fn;k tk ldrk gS rFkk og O;; Hkkj dkSu ogu djsxk \
ek0 eq[; lwpuk vk;qDr }kjk bl fo"k; ij voxr djk;k fd lwpuk ds vf/kdkj vf/kfu;e esa chih,y dkMZ /kkjdksa dks ;g lqfo/kk iznku dh x;h gS fd os lwpuk fu%'kqYd izkIr dj ldrs gSa] bl laca/k esa 'kklu Lrj ij Hkh vk;ksx }kjk ijke'kZ fn;k x;k gS fd chih,y dkMZ /kkjdksa dks ,d igpku i= vo'; fuxZr gks ftlls ;g Kkr gks lds fd og okLro esa chih,y dkMZ /kkjd gS vFkok ugha D;ksafd vHkh gky esa gh gq;h vkfFkZd x.kuk esa dbZ chih,y dkMZ /kkjd ,sls gSa tks igys chih,y Fks fdUrq vc ugha gSa- vr% muds fy, igpku i= gksus vko';d gSa D;ksafd lwpuk ds vf/kdkj vf/kfu;e ds vykok vU; foHkkxksa esa Hkh chih,y dkMZ /kkjdks adks vusd lqfo/kk;sa miyC/k gSa- lwpuk ds vf/kd gksus ij mlesa yksd fgr dks ns[krs gq, vuqjks/kdrkZ ls ;g dgk tk;s fd os fu;r dk;kZy; fnol esa vkdj vfHkys[kksa dk voyksdu dj okafNr vfHkys[k bafxr dj ysa ftlls mUgs alwpuk miyC/k djk;h tk lds-
3- ,d izfrHkkxh us ek0 vk;qDr egksn; ls tkudkjh pkgh fd ;fn vuqjks/kdrkZ }kjk 'kqYd dk izek.k vius i= esa ugha fn;k x;k gS rFkk og ;g crkrk gS fd mlus 'kqYd tek dj fn;k gS rc D;k fd;k tk;sxk \
ek0 vk;qDr egksn; us voxr djk;k fd muls ewy jlhn dh Nk;kizfr vo'; ekaxs mlds ckn gh lwpuk miyC/k djk;sa-
4- ,d izfrHkkxh }kjk ftKklk dh x;h fd ;fn dksbZ O;fDr ukWu T;wfMf'k;y LVkWEi isij ds ek/;e ls lwpuk izkIr djus gsrq vkosnu djrk gS fdUrq
135 og ukWu T;wfMf'k;y LVkWEi isij fdlh vU; O;fDr ds uke ls gS rc D;k fd;k tk;s \
mDr iz'u ds mRrj esa ek0 vk;qDr }kjk lq>ko fn;k x;k fd og LVkWEi isij ekU; gS D;ksafd og fdlh vU; O;fDr ls Hkh eaxk ldrk gS-
5- ,d izfrHkkxh us ek0 vk;qDr egksn; ls ;g tkuuk pkgk fd D;k lgk;d yksd lwpuk vf/kdkjh lwpuk ns ldrs gSa \
ek0 lwpuk vk;qDr egksn; us funsZ'k fn;s fd lgk;d yksd lwpuk vf/kdkjh ek= ,d Mkd?kj gS] dsoy yksd lwpuk vf/kdkjh ls vis{kk dh tkrh gS fd os Lo;a i=kpkj djsa rFkk lwpuk miyC/k djk;sa ;fn yksd lwpuk vf/kdkjh vodk'k ij gksrs gSa rks os bl ckr dk vo'; /;ku j[ksa fd lwpuk ds vf/kdkj vf/kfu;e ds varxZr dksbZ i= ,slk rks ugha gS ftlesa lwpuk nsus dh vof/k O;rhr gks jgh gks os lwpuk nsus ds ckn gh vodk'k ij tkus ds fy, vf/kd`r gSa pwafd vodk'k ysuk dksbZ ck/;dkjh ugha gS-
6- ,d izfrHkkxh us tkuuk pkgk fd ;fn 'kklu tks 'kklukns'k ykxw djrk gS mlds fdlh iSjk esa la'k; gks rks D;k fd;k tk;s \
ek0 vk;qDr egksn; }kjk voxr djk;k x;k fd ;fn 'kklu }kjk tkjh fdlh 'kklukns'k esa dksbZ la'k; gks rks yksd lwpuk vf/kdkjh ml i=koyh dk Lo;a voyksdu dj ldrs gSa mlds fy, ,d ?kaVk fu%'kqYd gS-
7- ,d izfrHkkxh }kjk tkuuk pkgk fd ;fn Vh, fcy esa fd;s x;s gLrk{kjdrkZ dk uke ;fn dksbZ vuqjks/kdrkZ tkuuk pkgrk gS rks D;k fn;k tk ldrk gS\
ek0 vk;qDr egksn; }kjk funsZ'k fn;s x;s fd ;fn dksbZ vuqjks/kdrkZ Vh, fcy esa fd;s x;s gLrk{kjdrkZ vf/kdkjh dk uke tkuuk pkgrk gS rks fn;k tk ldrk gS-
8- ,d izfrHkkxh }kjk ek0 vk;qDr egksn; ls tkuuk pkgk fd ;fn dksbZ vuqjks/kdrkZ fdlh izkbZosV daiuh ls lacaf/kr lwpuk rglhy esa ls ekaxrk gS pwafd vuqjks/kdrkZ dks lwpuk ds vf/kdkj vf/kfu;e dh o`gn tkudkjh ugha gS rc D;k fd;k tk;s \
ek0 vk;qDr egksn; }kjk funsZ'k fn;s x;s fd ;fn dksbZ vuqjks/kdrkZ izkbZosV daiuh ds fo"k; esa tkudkjh pkgrk gS rks vf/kfu;e dh /kkjk 6¼3½ esa izkFkZuk i= dks Je foHkkx dks varfjr dj nssa-
136 9- ,d izfrHkkxh }kjk ;g vis{kk dh x;h fd D;k lwpuk vuqjks/kdrkZ }kjk fufeZr fdlh Hkh izk:i esa nh tk ldrh gS \
ek0 vk;qDr }kjk bl fo"k; esa vius fopkj izdV djrs gq, funsZ'k fn;s x;s fd lwpuk nsus ds fy, fu/kkZfjr :i i= 'kklukns'k la[;k 146 esa cus gq, gSa foHkkx dsoy tks lwpuk mlds ikl miyC/k gS mldks gh ns ldrk gS u fd mldk fuekZ.k djds- lwpuk nsus esa yx jgs le;] Je o lkeF;Z dk vuqikr yksdfgr ls djus ij gh lwpuk dks fn;k tkuk pkfg,-
10- ,d izfrHkkxh }kjk ;g vis{kk dh x;h fd ;fn vk;ksx }kjk fdlh O;fDr dks nf.Mr fd;k tkrk gS rFkk og O;fDr n.M dh jkf'k dks tek ugha djrk gS rc mldk D;k fd;k tk;s \
ek0 vk;qDr egksn; }kjk funsZ'k fn;s x;s fd ;fn fdlh O;fDr dks n.M fn;k tkrk gS rFkk og O;fDr nf.Mr jkf'k dks tek ugha djrk gS rc vk;ksx gh 'kklu Lrj ij dk;Zokgh djsxk-
11- ,d izfrHkkxh }kjk vis{kk dh x;h fd ,d vuqjks/kdrkZ us egkjk"Vª cSad fnYyh ls lwpuk ds vf/kdkj vf/kfu;e ds varxZr :i;s 10 dk 'kqYd tek fd;k fdUrq fVgjh cSad us mDr cSad Mªk¶V esa jkf'k de gksus o O;; vf/kd gkssus ds dkj.k 'kqYd cSad Mªk¶V ysus ls euk dj fn;k rc D;k fd;k tk;s \
mDr izdj.k ij ek0 vk;qDr egksn; }kjk funsZ'k fn;s x;s fd ,sls izdj.k ij foHkkx Lo;a dk;Zokgh djrs gq, vuqjks/kdrkZ dks fLFkfr ls voxr djk;sa-
vUr esa ftykf/kdkjh fVgjh x<+oky }kjk ek0 vk;qDr dk vkHkkj izdV djrs gq, dgk fd ek0 eq[; lwpuk vk;qDr egksn; }kjk ftl izdkj ls izfrHkkfx;ksa ¼yksd lwpuk vf/kdkjh@foHkkxh; vihyh; vf/kdkjh½ dks funsZf'kr fd;k x;k mlls lHkh dks lwpuk ds vf/kdkj vf/kfu;e ds varxZr gksus okyh leL;kvksa dks lqy>kus esa lgk;rk feysxh lkFk gh mUgksaus r`rh; i{k ls lacaf/kr lwpuk gksus ij Hkh ek0 eq[; lwpuk vk;qDr }kjk tks funsZ'k fn;s x;s mudks ykHkdkjh crkrs gq, leLr izfrHkkfx;ksa dk /kU;okn fn;k-
137