GOA INFORMATION COMMISSION ANNUAL REPORT 2007-2008 (SECOND REPORT) 2 The Goa Information Commission is pleased to present to the Government its second Annual Report as required by sub- section (1) of section 25 of the Right to Information Act, 2005, for the period from April 1, 2007 to March 31, 2008. 3 TABLE OF CONTENTS PAGE 1. INTRODUCTION 1 2. CONSTITUTION OF THE GOA INFORMATION 1 COMMISSION 3. OFFICE ACCOMODATION 2 4. OFFICERS & STAFF 3 5. FUNDS 4 6. BUDGET CONTROL 5 7. ACTION TAKEN ON FIRST REPORT 5 8. FUNCTIONS & POWERS 8 9. MONITORING & REPORTING 9 10. OBLIGATION OF THE PUBLIC AUTHORITIES 10 11. DUTIES OF THE GOVERNMENT 11 12. FRAMING OF RULES 13 13. DISPOSAL BY THE COMMISSION 14 14. DISPOSAL BY THE PUBLIC INFORMATION 14 OFFICERS AND FIRST APPELLATE AUTHORITIES 15. RECOMMENDATION 16 TABLE OF ANNEXURES ANNEXURE 1. DISPOSAL OF COMPLAINTS BY THE ANNEXURE – I COMMISSION 2. DISPOSAL OF APPEALS BY THE ANNEXURE - II COMMISSION 3. DISPOSAL OF PENALTY CASES BY THE ANNEXURE - III COMMISSION 4 4. DETAILS OF THE OFFICERS WHO ARE ANNEXURE - IV PENALISED 5. COMPENSATION AWARDED ANNEXURE - V 6. REQUESTS RECEIVED & THEIR DISPOSAL BY ANNEXURE - IX THE PUBLIC INFORMATION OFFICERS 7. FIRST APPEALS ANNEXURE - X 8. LIST OF PUBLIC AUTHORITIES COMPLIED ANNEXURE - VIII WITH SECTION 4(1)(b) 9. PUBLIC AUTHORITIES WHO DESIGNATED ANNEXURE - XII PUBLIC INFORMATION OFFICERS 10. LIST OF APPELLATE AUTHORITIES ANNEXURE - XIII 11. PUBLIC AUTHORITIES WHO COMPLIED WITH ANNEXURE - XIV SECTION 4(1)(a) 12. NUMBER OF OFFICERS TRAINED ANNEXURE - XV 5 PART I CHAPTER I INTRODUCTION 1.1 The Parliament enacted the Right to Information Act, 2005 (Central Act 22 of 2005) which was assented to by the President of India on 15/6/2005. The provision of the entire Act came into force w.e.f. 12th October, 2005. 1.2 OBJECTIVES OF THE ACT The main objective of the Act is to enable the citizens to secure access to information under the control of the public authorities in order to promote transparency and accountability in the functioning of every public authority and also to contain corruption. CHAPTER II 2.1 CONSTITUTION OF STATE INFORMATION COMMISSION In pursuance of the sub-sections (1) of section 15 of the said Act, the Government of Goa by the notification No. 10/2/2006/LA dated 02/03/2006 published in the Official Gazette Series I No. 14 dated 02/03/2006 constituted Goa Information Commission consisting of State Chief Information Commissioner and one State Information Commissioner. 2.2 APPOINTMENT OF STATE CHIEF INFORMATION COMMISSIONER AND STATE INFORMATION COMMISSIONER In terms of the provision of sub-section (3) of section 15 of the Act, Shri. A. Venkataratnam, IAS (Retd.) and Shri. G. G. Kambli, Retired, Goa Civil Service (Selection Grade Officer) were appointed as Chief 6 Information Commissioner and State Information Commissioner vide order No. DI/INF/Notification/6964 and No. DI/INF/Notification/6965 both dated 27/02/2006 respectively. 2.3 Shri. A. Venkataratnam, State Chief Information Commissioner and Shri. G. G. Kambli, State Information Commissioner subscribed their oaths of office on 21/03/2006. CHAPTER III OFFICE ACCOMMODATION 3.1 Initially, the Commission started functioning from the residence of Shri. A. Venkataratnam, State Chief Information Commissioner and thereafter, temporarily, the Government allotted two shops both admeasuring 78.29 sq. mts. on the Ground Floor of Shrama Shakti Bhavan, Patto Plaza, Panaji, the possession of which was handed over on 8/6/2006. 3.2 The Commission continues to function from the said premises though it was too inadequate and lack basic amenities. The Commission has to face lot of difficulties and embarrassment as the advocates, officers and citizens who attend the hearings before the Commission were made to stand in the varandah i.e. passage of the premises. The Commission cannot hold its sittings in the open Court. 3.3 The Commission had identified a vacant premises at 4th floor situated at Patto Plaza belonging to Goa State Co-operative Bank Ltd. The Bank quoted the monthly rent of Rs.1,17,375/- and maintenance charges of Rs.85,000/- per month. The P.W.D. had assessed the monthly rent at Rs.1,17,375/- excluding maintenance charges. The Government did not agree with the proposal to take on lease the premises belonging to the Goa State Co-operative Bank Ltd. and asked to seek further clarification 7 from the P.W.D. The matter has been referred to the P.W.D. for clarification on 25/2/2008 but the Commission did not receive any response from the P.W.D. (till the August, 2008). 3.4 In the meantime, the Commission released advertisement in the local newspapers inviting offers from the owners/builders to take on lease the premises but there was no response. Hence, second advertisement was released and the Commission has received the offers from LIC Ltd. and the Condor Polymeric Pvt. Ltd. offering their premises on lease. The matter was referred to the P.W.D. to assess the reasonability of the rent and the maintenance charges quoted by the bidders which was received on 3/04/2008. Thereafter, a proposal was sent to Government recommending the premises of Condor Polymeric Pvt. Ltd. on 8/5/2008. Though the administrative approval was given by the Government on 5/6/2008, the Finance Department did not agree to the proposal (09/07/2008). Because of inordinate delay in the decision by the Government and the Finance Department, the premises of both L.I.C. and Condor Polymeric Ltd. were also not available as they were already leased put. Thus, neither the Government provided proper premises to the Commission nor was it allowed to hire from private source. CHAPTER IV OFFICERS AND STAFF 4.1 SECRETARY Shri. P. S. Meena, Civil Service Officer from selection grade continued as the Secretary of the Commission during the period under report. 8 4.2 UNDER SECRETARY –CUM – REGISTRAR The post of Under Secretary remained vacant practically for the whole year as the Government did not fill up the said post. Shri. Ajit Panchawadkar who was appointed as an Under Secretary continued only for short period from 24/07/2007 to 03/09/2007 (40 days). Even during this time, he could not devote his entire time to his job as he was holding additional charge of another post. Thereafter, the Government appointed Shri. N. Prabhudesai as an Under Secretary who never reported and subsequently the Government kept the order in abeyance. Till the end of this year, no officer has been appointed as Under Secretary. The post of Under Secretary is also designated as a Public Information Officer and also functions as the Registrar of the Commission. Being Registrar of the Commission, Under Secretary has to discharge certain statutory duties under the Rules framed under the RTI Act. Besides being a Public Information Officer, all statutory duties are also assigned to the said post. The Commission could not appoint any other officer as Public Information Officer simply because there is not even one more officer of his rank. It is unfortunate that the Commission which gives orders to the public authorities to designate their Public Information Officer, itself does not have Public Information Officer. 4.3 The post of Section Officer was vacant from 1/9/2007. After a lot of correspondence, another Section Officer has reported for duties on 5/2/2008. Though the provisions of Section 16(6) of the RTI Act contemplates that the Government shall provide adequate staff to the Chief Information Commissioner and State Information Commissioner for smooth and efficient functioning of the Commission, no personal staff was provided to the Chief Information Commissioner and State Information Commissioner. It is also note worthy to mention here that no post of Driver was sanctioned to the State Information Commissioner though a vehicle was purchased. The proposal for creation of additional posts 9 including that of Driver was rejected by ARD. It is only when the matter was taken up again with the ARD, the ARD has recommended sanction of one post of Driver, 3 posts of Stenographer Grade – I and one post of Stenographer Grade – II, towards the fag end of the year on 15/02/2008. They are yet to be appointed. The Government in the Finance Department laid down the pattern of personal staff (4 persons) of the Chairman/Vice Chairman of the Corporations/Autonomous bodies by their order dated 5/9/2002. The Commission is an autonomous body as per section 15(4) of the Right to Information Act. The State Election Commission is allowed the personal staff as per this order. The Information Commission is neither allowed to recruit its own staff nor is given the minimum personal staff as per the already laid down Government order. So much for the autonomy of the Information Commission. The ARD rejected the proposal for the creation of the posts of an Accountant, Assistant and Peons. 4.4 SERVICE CONDITIONS OF THE OFFICERS AND STAFF The Government vide notification No.DI/INF/RTI/2006/4531 dated 01/11/2006 has prescribed the service conditions of the officers and other employees of the Commission. The rules framed by the Government provided that the employees of the Commission are to be appointed either from transfer or on deputation only from the Department of Information and Publicity leaving no scope for the Commission to select the employees from other departments/offices which are totally in contravention of the provision of section 15(4) of the RTI Act. Besides, the Director of Information and Publicity has retained the powers of the appointing authority of the employees of the Commission thereby having dual control over the employees of the Commission.