Open government law to raise accountability

EXIM MATTERS

The Right to Information Act, 2005 (RTI) will come into full effect on October 12, 2005. How will RTI make life easier for importers and exporters? First of all they can expect replies to their demands, for information made to public information officers (PIO), within a reasonable time, of say, 30 days.

Secondly, they need not worry as to whether the letter has reached the concerned officer. Once a PIO receives a letter he has to get the information from the concerned officer and furnish the information demanded within the stipulated time.

If the PIO refuses (failure to provide information within the stipulated time amounts to refusal under RTI) to give the information, an appeal can be filed with the Information Commission, where the onus to prove that the refusal was bona fide or covered under any of the exemptions (such as national security, over riding public interest etc) lies with the PIO.

If the Information Commission finds that the request for information was denied or delayed without reasonable cause or that the information given by the PIO was incorrect, incomplete or misleading, it can levy a penalty of Rs 250 per day of delay (maximum Rs 25,000) and also order disciplinary proceedings against the concerned PIO.

The right to information includes right to inspect works, documents, records; take notes, extracts or certified copies of documents or records; take certified samples of material and obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode.

Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force, but does not include "file notings".

RTI covers, not only state governments and the central government, but also any authority or body or institution of self-government established or constituted by or under the Constitution; by any other law made by Parliament; by any other law made by a state legislature and by a notification issued or any order by an appropriate government body; and includes any body owned, controlled or substantially financed and non-government organisation substantially financed, directly or indirectly, by the appropriate government body.

So, the importers can use the RTI to get information from, not only the customs and excise departments, but, also from the Director-General of Foreign Trade, commerce and finance ministries, Reserve Bank of India, state trading enterprises, nationalised banks, export inspection agency, municipal authorities and so on.

Exporters find that their requests for setting standard norms, DEPB rates or drawback rates remain unreplied or closed with a remark, "the matter has been considered and it has been decided to reject the case."

RTI empowers them to demand reasons. Importers can use RTI to ask why the customs refused their requests for "provisional assessment".

Excise assessees can demand reasons for hold up of their refund or rebate claims. Customers can ask banks reasons for unwarranted debits in their accounts on flimsy pretexts. Better still, creative use of RTI can help get official clarification on several issues.

RTI is an empowering tool. The trade should use the tool creatively to make the bureaucrats responsive and accountable.

tncr@sify.com