PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION FULL COMMISSION (Complaint Under Section 18 of the RTI Act, 2005) : 1.

Shri R. S. Mooshahary State Chief Information Commissioner. 2. Dr. B.K. Gohain State Information Commissioner Case No In matters of complaint of Sahidul Haque Laskar CCR.3/2007 - VsBDO, Banskandi Development Block Date of hearing 17.06.08 Name of the complainant : Mr. Sahidul Haque Laskar Secretary, Kishan Bikash Samity Banskandi, Cachar, Assam Present Name of the Public Authority / SPIO: The following were present: 1 Sahidul Haque Laskar 2. Waliullah Ahmed lascar BDO, Banskandi Development Block, Cachar Complainant Accompanied the complainant

The complainant present. The Chief Executive Officer, Zilla Parishad, Cachar, the PD, DRDA, Cachar and the BDO, Banskandi Development Block absent. They however sent information that they could not be present before the Commission during hearing today in view of the visit of the Director (DCP) Planning & Development Department Assam for field verification of the schemes in the district for which their presence was required. Brief of the case On 31.7.07, a petition was received from Sahidul Haque Laskar of Banskandi, Cachar in which he stated that he sought for information relating to the 11th Finance Commission Award, 1st installment of 12th Finance Commission Award, IAY and Tara Pump and Ring Well etc in Banskandi Development Block from the BDO of the block vide his application dated 9.5.07. Then again on 22.6.07 he submitted a reminder on the subject to the BDO of the block but did not get any information. Hence he submitted this petition to the Commission. The Commission transferred the same to the CEO, Zilla Parishad, Silchar on 27.8.07 directing her to furnish the information. Again on 18.9.07, a petition was received from the petitioner stating that he was not furnished with any information. Then on 1.2.08, another petition was received from the petitioner in which he stated that the BDO of the block furnished him information relating to nine Gaon Panchayats and 11th Finance Commission Award, 12th Finance Commission Award and the lists of IAY beneficiaries. But he was not furnished any information relating to the Tara pumps and Ring Wells and he was also not satisfied with the information. Therefore, the Commission decided to draw up a complaint proceeding and issued notices to the CEO, Zilla Parisahd, Cachr, the PD, DRDA, Cachar and the BDO of Banskandi Development Block to appear before the Commission today with all records / details. Submission of the parties The complainant stated that he submitted a petition to the BDO, Banskandi Development Block on 9.5.07 seeking information regarding the implementation of the 11th Finance Commission Award, 12th Finance Commission Award, IAY and Tara Pump and Ring Well schemes undertaken in the different Gaon Panchayats of the block. But he did not receive any information. Again on 22.6.07 he submitted another petition to the BDO of the Block asking him to furnish the information as he had not received the same. But when he

2 did not receive any information he submitted a petition before the Commission on 31.7.07 and the Commission was pleased to transfer the same on 27.8.07 to the CEO, Zilla Parishad for furnishing the information. He further stated that he sent another petition to the Commission on 18.9.07 as a reminder to his letter dated 31.7.07. Then he sent another petition to the Commission vide letter dated 18.1.08 informing the Commission that on receipt of the transferred petition from the Commission the CEO, Zilla Parisahd Cachar vide her letter dated 10.10.07 directed the BDO, Banskandi Development Block to attend her office on 15.11.07. He further mentioned that the PIO of the Block transferred his petition to each of the Gaon Panchayat Secretaries under the Block on 1.8.07. Then the BDO issued another letter to each of the Secretaries of the Gaon Panchayat asking them to furnish the information to him on or before 30.11.07. The CEO once again issued another letter dated 29.10.07 to the BDO asking him to attend her office with all the relevant documents on 15.11.07. The BDO issued a letter dated 26.11.07 to each of the GP Secretaries to furnish information within 7 days of the receipt of the letter. The complainant alleged that the information furnished by the BDO after collecting the same from the Secretaries of the GPs were incorrect, incomplete and misleading. Hence he appealed to the Commission vide his letter dated 18.1.08 for directing the BDO to furnish complete and correct information. The complainant further stated that he did not receive any information regarding the Tara Pumps and the Ringwells from the BDO. Moreover, in the list of beneficiaries under the IAY scheme, the father’s name of any of the beneficiaries was not mentioned making it difficult for him to ascertain whether the lists furnished to him were correct or not. Observations of the Commission (i) The complainant sought for information relating to (1) first, second and third installments of 11th Finance Commission Awards (2) first installment of 12th Finance Commission Award (3) information about IAY (4) Tara Pumps and Ringwells installed under various schemes with the details of information regarding the allocations and implementation of the schemes and the funds allotted during the periods from 2002-03 to 2006-07, with names of benefited area and beneficiaries of the schemes in all GPs of Banskandi Development Block viz. (1) Banskandi, (2) Badrichandrapur, (3) Gobindapur Algapur, (4) Dungripar (5) Badripar (6) Manipur, Tarapur (7) Pallarbon and (8) Dolugram GP. It is not easy for the Secretary of a Gaon Panchayat to furnish information in the form of photocopy with the limited resources as the complainant has sought information on many items of work in one petition. However it was seen by the Commission that the Secretaries of the GPs had taken pains to get the lists of the beneficiaries under these schemes copied electronically inspite of their limited resources which is commendable. Regarding the complaint of the petitioner that the father’s name of each of the beneficiaries was not furnished to him, the Commission observed that the petitioner should be allowed to see the records maintained by the GPs to enable him to get the complete information. Information regarding Tara Pumps and Ring Wells, may be furnished by the BDO if it was available with him. Otherwise he should inform the complainant as to which department of the Government is the implementing authority so that the complainant might apply to the competent authority.

(ii)

(iii)

(iv)

Decisions of the Commission under section 19(8) (a) of RTI Act, 2005 The Commission, on careful consideration of the facts and circumstances of the case decided to:

3 (i) direct the CEO, Zilla Parishad and the BDO of Banskandi Development Block to furnish information relating to Tara Pumps and Ring wells to the complainant within 30 days of the date of this order if the information was available with them. In case it is not available, they should inform the complainant as to the public authority which implements the schemes. direct the BDO, Banskandi Development Block to instruct the Secretaries of the Gaon Panchayats under his jurisdiction to allow the complainant to inspect the records containing the names of the beneficiaries under the IAY scheme and to take notes of the fathers’ names of the beneficiaries under the IAY scheme which should be certified by the Secretaries of the Panchayats. This should be completed within 30 days from today.

(ii)

Sd/- (R.S. Mooshahary) Chief Information Commissioner, Assam Janata Bhawan, Dispur.

Sd/- (Dr. B K Gohain) State Information Commissioner, Assam Janata Bhawan, Dispur. Authenticated true copy

(Jiauddin Ahmed) Secretary, State Information Commission, Assam Janata Bhawan, Dispur. Memo No SIC/CCR/3/2007 dated June 17, 2008

CC: 1. The CEO, Zilla Parishad, Cachar 2. The PD, DRDA, Cachar 3. The BDO, Banskandi Development Block, Cachar 4. Mr. Sahidul Haque Laskar, Secretary, Kishan Bikash Samity, Banskandi, Cachar, Assam. 5. The DIPR, Dispur, Guwahati. 6. MD, AMTRON, Bamunimaidan 7. Office file. Secretary State Information Commission, Assam