Right to Information

State Level RTI: Maharashtra

Background

In 2000, a sustained advocacy campaign by social activist Anna Hazare forced the Maharashtra Government to pass the Maharashtra Right to Information Act 2000. However, civil society groups were unhappy with the Act, criticising it for being too weak and demanding that it be replaced with better legislation.

In 2001, the Government formed a committee comprising senior serving and retired bureaucrats, such as former Union Home Secretary Dr Madhav Godbole, eminent jurists and Shri Anna Hazare, to prepare a draft of a Freedom of Information Bill.

Before the Committee could release its draft Bill, the Maharashtra Government repealed the Maharashtra Right to Information Act 2000 and replaced it with the Right to Information Ordinance 2002. The Ordinance was promulgated on 23 September 2002. However, the Ordinance lapsed on 23 January 2003 because, in accordance with Article 213(2) of the Constitution of India, an Ordinance must be converted into an Act within 6 weeks of the commencement of the next session of the Legislative Assembly following the enactment of an Ordinance. In this instance, the Maharashtra Government did not convert the Right to Information Ordinance in the winter session of the Legislative Assembly; hence it lapsed.

Public pressure to enact a law on right to information continued. Consequently, in the budget session of the legislature in March 2003, the Maharashtra Government passed the Maharashtra Right to Information Act which it then sent to the President of India for assent. The Act stalled, as no action was taken for months.

Finally, on 1 August 2003, Anna Hazare wrote a letter to Mr L.K. Advani, the Deputy Prime Minister of India requesting him to advise the Honourable President to give his assent to the Maharashtra Right to Information Act. Failing such action, Sri Hazare warned he would commence a fast unto death. No action was taken, and on 9 August 2003 Anna Hazare started his fast. Within one day, the Government responded. On 10 August 2003, the President of India gave his assent to the Maharashtra Right to Information Act 2002 and on 11 August 2003 the Maharashtra Government notified the Act in the Government Gazette. The Maharashtra Right to Information Rules, which were initially prepared under the Maharashtra Right to Information Ordinance, are equally applicable to Maharashtra Right to Information Act 2002.

Law

In May 2005, the national Right to Information Act 2005 was passed by Parliament. The RTI Act 2005 received Presidential assent on 15 June and came fully into force on 12 October 2005. (For more information on the passage of the Act and implementation at the national level, click here.) The RTI Act 2005 covers all Central, State and local government bodies and applies to the State of Maharashtra.

The government has issued Right to Information Rules 2005.

Details of Fee & Costs

Second Appeals and complaints against non-disclosure of information may be filed with the Maharashtra State Information Commission.

State Information Commission

Newsupdates, Activities & Advocacy

• The Maharashtra Government recently published the Maharashtra Right to Information (Repeal) Act, 2005 repealing the Maharashtra Right to Information Act, 2002. Deemed to have come into force on 11 October 2005, all pending applications and appeals prior to this date, will be decided according to the Maharashtra Right to Information Act, 2002.
• At a seminar on the right to information in Mumbai, Maharashtra State Chief Information Commissioner, Suresh Joshi has stated that he will permit demands for file notings from requisitioners of information. He also stated that the Information Commission would dispose of second appeals within four weeks.
• Newspaper reports indicate that the Central Government will soon declare YASHADA (Yashwantrao Chavan Academy of Development Administration) as the national resource center for the RTI Act. YASHADA will be tasked with training State Government Officials on the RTI Act under the Training of Trainers (TOT) programme.
• Speaking at a meet-the-press programme organized by the Mumbai Marathi Patrakar Sangh, Maharashtra Information Commissioner, Dr Suresh Joshi, expressed hope that the RTI Act will bring transparency in the administration and reduce corruption. He said there will be an Information Commissioner and 10 Information Offices in the State and their numbers would be increased as per need.
• The General Administrative Department has issued a circular ordering all PIOs to return any applications filed under the MRTI Act from October 12 onward since the State Act has been repealed. Renowned RTI activist, Shailesh Gandhi has written to Dr Suresh Joshi, Maharashtra State Chief Information Commission, urging the Government to intercede and have the order withdrawn.
• The Maharashtra Government has appointed Dr Suresh Joshi as the first Chief Information Officer of the state. Governor S M Krishna administered the oath of office to Dr Joshi, a 1970 batch IAS officer, at Raj Bhavan on 12 October 2005.
• An important stakeholder in the implementation of both the repealed Maharashtra RTI Act and then new national RTI Act is the Yashwantrao Chavan Academy of Development and Administration (YASHDA). YASHADA has previously trained 1000s of officials on the Maharashtra Act and is now working with both the State and Central Government on developing and implementing training programmes under the new national RTI Act.
  For further information: Contact YASHADA at Rajbhavan Complex, Baner Road, Pune: 411 007, Maharashtra. Tel: 91-20-25657360 / 62. Fax: 91-20-25659135. E-mail: yashada@vsnl.com. Website: http://www.yashada.org/.
• Hum Janenge is a web-based networking platform focused specifically on monitoring use of Indian right to information laws and providing a forum for discussing issues/problems and sharing successes. Hum Janenge's primary networking mode is via their listserve, which all members of the public are welcome to sign up to. .
  To register on the Hum Janenge listserve: click here.
  For further information: Email: info@mahadhikar.org Website: http://www.mahadhikar.org/
• Action for Good Governance and Networking in India (AGNI)is a voluntary, non-political, non-sectarian movement. It works both with citizen groups, as well as with government agencies, to promote transparency and accountability. AGNI focuses on the right to information, election watch and waste management. AGNI works in Mumbai at the local area level.
  For Further Information: Contact AGNI at Central Office, Peacock Palace, Ground Floor, 69, Bhulabhai Desai Road, Mumbai-400026, Maharashtra. Tel:91-22-23611327, Telefax:91-22- 23622492, E-Mail: agni@bom8.vsnl.net.in, Website: www.agnimumbai.org
• Anna Hazare has been a key figure in the campaign for the enactment of a Maharashtra RTI law and continues to be active in pushing for effective implementation of the new national law.
  For further information: Contact Anna Hazare at Bhrastachar Virodhi Jan Andolan (Maharashtra), Ralegan Sidhi, Taluka Parner, Dist. Ahmednagar, Maharashtra. Tel: 91-2488-240227. Website: http://www.annahazare.net/

Resources & Articles

Government

• Right to Information Act 2005. (English)
• Right to Information Act 2005. (Hindi)
• Right to Information Rules 2005 (Maharashtra)
• Bombay High Court Right to Information Rules, 2006
• GAD (2005) Notification Appointing State Chief Information Commissioner.
• GAD (2005) Notification to PIOs to Reject MRTIA Requisitions. (Marathi)
• Maharashtra Right to Information Act 2002 (repealed).
• Maharashtra Right to Information Rules, 2002 (not in force).
• GAD (2004) General Administrative Department Resolution on the MRTIA, instructing PIOs to submit report details of first application / appeal applications received.
  
• GAD (2004) Guidance Note for Public Officials on Application of MRTI, Express India summary of a circular issued by the General Administrative Department (GAD) on 16 October. Authored by Vandana Krishna, Secretary to the GAD, the circular instructs and clarifies doubts of government officials in the use of MRTI.
  
• GAD (2004) Circular regarding penalties, meaning of "public bodies" under MRTIA 2002, General Administration Department, Government of Maharashtra, 22 June.
  

CHRI

• CHRI (2005) Workshop report on the Right to Information and the Media Past Experiences and Future Possibilities, 14 - 15 May, YASHADA, Pune.
• CHRI (2005) Forwarding Information Requests and Appeals: A Step by Step Guide for Assistant Public Information Officers under the Right to Information Act 2005, prepared by Mr Venkatesh Nayak.
• CHRI (2005) Processing Information Requests: A Step by Step Guide for Assistant Public Information Officers under the Right to Information Act 2005, prepared by Mr Venkatesh Nayak.
  
• For CHRI's posters on RTI click here.
• For information regarding CHRI's activities in Maharashtra, click here.

Miscellaneous

• Staff Reporter (2005) Dithering Officers Face Rs 25,000 Fine, 10 November, Pune Newsline, Express News Service.
• Staff Reporter (2005) Activists Protest increase in cost of seeking information, 4 November, Times News Network.
• Sanjay Jog (2005) In M'hrashtra, Silence is not golden; will cost babus dear, 31 October, The Financial Express.
• Staff Reporter (2005) Officials Decry Undemocratic Way, Corporator invokes RTI, 30 October, Pune Newsline, Express News Service.
• Staff Reporter (2005) Amendment to RTI Act Needed: Joshi, 25 October, UNI.
• Staff Reporter (2005) Right to Information Act to Bring in More Transparency: Joshi, 17 October, UNI.
• Shailesh Gandhi (2005) Complaint re GAD Order to PIOs to Reject Applications under MRTIA, 14 October.
• Staff Reporter (2005) Right to Information Act Implemented on Central Railways, 12 October, UNI.
• Staff Reporter (2005) Mah appoints Dr Suresh Joshi as 1st Chief Information officer, 12 October, UNI.
• Shailesh Gandhi (2005) Right to Information - Path to Swaraj, 7 October, The Hindu.
• Mahadhikar (2005) Letter to Chief Minister Deshmukh re Appointment of the State Chief Information Commissioner, 5 October.
  
• Staff Reporter (2005) Official Car Misuse Continues: Now They Hire Vehicles and Bill PMC, 8 February, Express Initiative.( put Express Initiative in Italics)
• Staff Reporter (2005) Use of Right to Know Act may be Vibrant but Spokes Abound, 2 February, Express Initiative Pune. The article outlines the proactive steps taken by the Maharashtra Government to implement the MRTIA, including directives to PIOs and Appellate Authorities on the imposition of penalties, refusal to disclose information, delay in provision of information etc. It also includes a list of officials to whom notices have been served, details of penalties levied on PIOs and the number of requisitions received so far under the Act.
  
• Bharat Rawal (2005) The Second Freedom Struggle, an Interview with Anna Hazare on the state of RTI laws, February, India Together.
  
• Staff Reporter (2005) Right to Info Act Alive and Kicking in Maharashtra, 17 January, Deccan Herald.
• Shailesh Gandhi (2004) Maharashtra Right to Information Discovers: Whither Goes Our Money, 18 December.
  
• Varupi Jain and Subramaniam Vincent (2004) Active Citizenship Taking Root, 28 September, India Together.
• Staff Reporter (2004) Caught on the wrong foot for denying the right to know (regarding a ruling in Pune where a penalty was imposed not on a defaulting PIO but on an officer who failed to assist the PIO when requested), 10 August, Express News Service.
  
• Prakash Kardaley (2004) Power Point Presentation on MRTIA (to be used by activists and trainers to educate the public on MRTIA and its application).
• Manjiri Madhav Damle (2004) "Information Act Must Be Implemented Soon", June, Times of India.
• Staff Reporter (2004) Activists want 'shall' to replace 'may' in info law, 5 June, Times News Network.
• Staff Reporter (2004) Want Info? Wait for Six Months, 1 March, Times News Network.
• Manjiri Madhav Damle (2004) Right to info may come in six months, 29 February, Times News Network.
• Staff Reporter (2004) Look where the Mayor's car is taking her, 25 February, Indian Express.
• Times News Network (2004) Loopholes in Right to Information Act Lok Ayukta, 19 January, The Times of India.
• Smita Deshmukh (2004) 'For me, this is a fight to the finish', 9 January, Times News Network.
• Manjiri Madhav Damle (2003) Hazare writes to Advani on Right to Information Bill, 3 August, Times News Network.
• Prakash Kardaley (undated) Common man's right to know - a long arduous way to go.
• Prashant Bhusan (undated) Open Sesame?
  

Links

• Government of Maharashtra
• Maharashtra Right to Information Links
• Mahadhikar
• Maharashtra Right to Information Council
• Government of India (DOPT)
• National Campaign on People's Right to Information (NCPRI)
  
• Right to Information - Collection of RTI stories, articles, etc
• Info Change - Right to Information Pages
• India Together - Right to Information Pages