Monday, February 23, 2009

IMPROVING PERFORMANCE OF INFO COMMISSIONERS

The Right to Information Act 2005
Suggestions for Improving Working of the Act

Barring few Information Commissioners [ICs] performance of ICs [at Centre and States] in last three years had been frustrating and very costly to the exchequer and the public. Based on information collected under RTI, comparative performance statistics for 2007-08 are annexed hereto. It appears that ICs themselves are trying to kill letter and spirit of The Right to Information Act 2005 and thus deprive citizenry of their right to know under article 19 [a] of the Constitution. To overcome this precarious condition I suggest as under:


Let the functions of ICs be managed through public private partnership with extensive use of information technology. ICs should be appointed by governments, in totally transparent manner by panel of sitting and retired judges of high or supreme courts, high ranking bureaucrats, RTI activists and senior executives from private sector. Open advertisements should be released. Minimum age should not be below 35 years and maximum 55 years. Minimum qualification and exposure which will be helpful as IC should be prescribed. ICs need not be experts in govt. matters or law, as they have to follow only 31 sections [in fact 15 operative sections] of RTI Act 2005.

ICs should be required to work from their own offices and with their own staff. Useful material/decisions on RTI should be supplied on CDs to each IC appointed along with good quality software. A 15 -day training should be provided to newly appointed ICs. This is how we induct judges, IAS/IPS, bank mangers, private sector managers and executives etc who discharge complicated functions.

ICs should be paid on the basis of complaint/appeals decided plus a fixed monthly amount. The variable component of compensation to ICs should be so fixed per appeal/complaint that he gets reduced payment with delay of each passing day beyond 60 days. ICs should also get some percentage of amount of penalties actually recovered [not only imposed] from defaulting PIOs. ICs should have fixed tenure for 3 or 5 years, subject to minimum scoring each year on performance.

We can have 2-3 ICs for Central Govt. and 5-6 for State Govts. in each district or cluster of districts and metros depending upon work load. A small cell in DoPT, Delhi for Central Govt appeals/complaints and in each State capital for concerned state appeals/complaints should receive e-filed appeals/complaints. The cells should redirect appeals/complaints to one of the ICs in India or State as the case may be, through a computer generated random selection process [like lottery etc] or through system practiced in Supreme Court on allotment of cases to Judges. ICs should be free to pursue their present profession, if they so desire.

The entire working of ICs should be fully computerized with internet facility. DoPT or State Dept which at present administratively manages CIC/SICs should continue for administrative matters of these ICs. Each IC should have web-pages on website specially created for Central and each State matter under RTI. The IC can post all decisions on line and full details of his working on daily basis.

A panel of retired Supreme Court or High Court judges at Central Govt. level and each State level should screen and vet performance and quality of decisions of each IC on monthly basis. The panel members should have on line access to working of ICs. Monthly detailed computer generated score card and feed back be submitted to each IC and also to respective Govts. by this panel and it should be posted on govt. websites for scrutiny of public. Based on these monthly score card, annual performance appraisal should be under taken by the panel for each IC. Refresher courses of 7 day duration should be arranged for ICs by Govt. every year.

This is like public notaries appointed by Govts at various places and they work from their own office and with their own staff. They are paid based on papers notarized. Similar is the case of public prosecutor who has no fixed infrastructure. Private banks outsource their work and pay depending upon days taken to complete the work. Every day’s delay reduces compensation. E-filing [like income tax, service tax etc] should be encouraged or mandated. ICs can use webcam facility to interact with PIO, FAA and the applicant on a pre-fixed time. Cyber cafĂ© can be used for this purpose if this facility at office/home is not available with PIO/FAA/applicant.

To start with, existing and suggested systems should be run parallel by bifurcating appeals/complaints between newly appointed ICs and CIC/SICs. Existing backlog at CIC/SICs can also be assigned to new ICs for disposal. After addressing teething troubles and gaining some experience, present structure of CIC/SICs should be dismantled in 2 years.

If this suggestion is implemented, the govts will save heavy avoidable expenditure on CIC/SICs and cost per decision will drastically get reduced. Information seekers will get decisions fast and cheap, as postal expenses and delays would be reduced. Personal contacts would be nil reducing chances of manipulation or corruption. Once the performance of ICs improves, all other things will fall in line automatically.

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“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.

Sunday, February 22, 2009

RIGHT OF THIRD PARTY UNDER RTI ACT 2005

Third party under RTI Act enjoys following rights to secure its privacy and confidentiality:

1. Third party has a right to receive notice from PIO under section 11 to file representation for not disclosing its information.

2. Third party should get copy or details of RTI application filed with PIO with the above notice.

3. Third party should be allowed 10 days time from the date of receipt of notice by third party to submit representation before PIO.

4. Third party can orally or in writing submit its representation with PIO for not disclosing information to the applicant.

5. Third party has right to treat any information pertaining to it or supplied by it as confidential, even at the time of representation, if not so treated at the time of submission of information.

6. If after submission of representation to the PIO, the PIO decides to disclose the requested information, then third party has a right to get speaking order with details of first appellate authority, before whom the third party can file first appeal against decision of PIO.

7. Third party has 30 days time to file first appeal from the date of receipt of decision of PIO to disclose.

8. Third party has a right to require PIO not to proceed with disclosure as first appeal is being filed or has been filed. Copy of first appeal should be sent to PIO simultaneously with first appellate authority.

9. Third party has a right to be given personal hearing by the first appellate authority before deciding on the appeal.

10. Third party has right to get speaking order of the first appellate authority [FAA] within 30 days of filing the appeal.

11. Third party has right to require PIO and FAA not to allow disclosure pending filing of second appeal to CIC/SIC within 90 days of receipt of decision of FAA or when the decision was due from FAA.

12. Third party has right to be heard by the CIC/SIC, before deciding the appeal.

13. Third party has right to move High Court or Supreme Court against the decision of the CIC/SIC.

14. Third party should get reasonable time for moving Courts after decision is taken by CIC/SIC and no information should be disclosed during such reasonable time, as once the information is disclosed, it cannot be reversed.

Note:

A] Following sections are pertaining to third party under RTI Act:

7 (7), 11, 19 [2], 19 [3] and 19 [4]

B] Very important judgements of High Court of Gujarat on third party information in following case:

a] SPECIAL CIVIL APPLICATION No. 16073 of 2007
With SPECIAL CIVIL APPLICATION No. 17067 of 2007

RELIANCE INDUSTRIES LIMITED – Petitioner Versus
GUJARAT STATE INFORMATION COMMISSION & 4 – Respondents

And

b]The High Court Of Gujarat By And Through B.J. Dhandha
versus State Chief Information Commissioner And Anr.
Judgement dated 3/10/2007

Wednesday, February 18, 2009

HOW TO MANAGE CONSUMER PROBLEM

If you are having problem with goods or services, purchased by you, then you need to initiate following steps:

1. Make oral complaint to the local dealer and customer care contact number of the company, which is available on its website or with the local dealer. Note down name of person, date, time and complaint number.

2. If no satisfactory action is initiated in a week, lodge detailed written complaint with the company, by sending email/complaint with copy to the local dealer. Visit customer care or contact us link on the website of the company for address. In case of telephone, banks, insurance companies, address complaint to Nodal Officer at its H. O.

3. After 15 days, scale-up the complaint to Chairman of the Company with copy to local dealer and claim compensation for mental tension, agony in addition to refund of price of goods or services, with interest and expenses. Give him 15 days time for redressal. Invoke warranty/guarantee in complaint.

4. If the problem continues, write to national and local NGOs who are working for consumer protection and send copies to the Chairman of the company, its local dealer and consumer protection council which works under the District Collector at Collectorate Office.

5. Simultaneously post your complaint at www.corecentre.co.in or contact toll free No. 1800-11-4000 from bsnl/mtnl land line

6. If problem pertains to central govt department or public section undertaking, lodge complaint at www.pgportal.gov.in. If problem is pertaining to share or securities, email complaint to SEBI and NSE by visiting their websites.

7. Keep date-wise record of visit of technician or oral discussion with the dealer or customer care executive of service provider. In case if any paper is required to be signed by company representative, obtain a photocopy of the same, before signing.

8. If the problem still continues, you should file complaint with Ombudsman where-ever Ombudsman Scheme [banking, insurance, electricity etc] exists. For details visit websites of RBI, IRDA etc. This is fast, cost effective system.

9. If nothing works for a month, lodge a complaint with District Consumer Forum for claims upto Rs.20 lakhs. Claim amount as per notice stated in para 3 above. You can yourself plead your case if amount is not substantial, otherwise it is advisable to have services of an advocate practicing in consumer protection. In Consumer Forum fees are nominal, procedure is simple and comparatively fast.

10. If the supplier of goods or service provider is a govt. department or undertaking, follow-up your complaint with The Right to Information Act 2005. For this, visit my article “Any thing pending with Govt?” posted in RTI label at my blog www.jps50.blogspot.com and at jps50 blog at www.rtiindia.org

11.. Following are websites which are useful for consumer protection:

01. www.fcamin.nic.in 02. www.corecentre.co.in 03. www.ncdrc.nic.in 04. www.consumerhelpline.in 05. www.cgsiindia.org 06. www.consumeronline.org
07. www.icrpc.org 08. www.consumer-voice.org
09. www.cai-india.org 10. www.cercindia.org
11. www.cccindia.net 12. www.ngpnet.org
13. www.core.nic.in 14. www.watchoutinvestor.com
15. www.consumercom.nic.in 16. www.pgportal.gov.in
17. www.bankingombudsman-rbi.org.in
18. www.confonet.nic.in 19. www.cag.org.in
20. www.investorhelpline.in 21. www.iepf.gov.in
22. www.sebi.gov.in 23. www.nse-india.com

LET US CHANGE THE WAY CONSUMERS ARE TREATED IN INDIA. PERSISTENCE PAYS. KEEP ON KEEPING ON. YOUR ONE HOUR PER WEEK FOR CONSUMER PRTOTECTION WILL MAKE A HUGE DIFFERENCE IN LONG RUN. GOOD LUCK.
_________________________________________________
Authored by: J. P. SHAH, M.Com. LL.B. Ex-Bank Manager, RTI and Consumer Activist, Junagadh [Gujarat] Mobile: 09924106490
jps50@rediffmail.com,
18022009

Tuesday, February 10, 2009

WEBSITES FOR CONSUMER RELATED PROBLEMS

01. www.fcamin.nic.in
02. www.corecentre.co.in
03. www.ncdrc.nic.in
04. www.consumerhelpline.in
05. www.cgsiindia.org
06. www.consumeronline.org
07. www.icrpc.org
08. www.consumer-voice.org
09. www.cai-india.org
10. www.cercindia.org
11. www.cccindia.net
12. www.ngpnet.org
13. www.core.nic.in
14. www.watchoutinvestor.com
15. www.consumercom.nic.in
16. www.pgportal.gov.in
17. www.bankingombudsman-rbi.org.in
18. www.confonet.nic.in
19. www.cag.org.in
20. www.investorhelpline.in
21. www.iepf.gov.in