The following were present:
Sri Preetam Saikia
Joint Secretary,Cultural Affairs Deptt & SPIO
Sri Dimbeswar Kalita
Under Secretary Revenue & SPIO
The complainant present. The SPIO of Cultural Affairs Department and the
SPIO of Revenue Department are also present.
Facts of the Case
Shri Hiralal Das,General Secretary,Lower Assam Sankardev,Madhabdev,Damodordev,Haridev
Satra Sangrashan Vikash Sangha submitted an application before the Chief Information
Commissioner on 5.12.06 stating that he submitted a petition dated 10.10.06
to the Department of cultural Affairs seeking information under the Right
to Information Act, 2005. The information sought for are as follows:
1. Minutes of the meetings of the Satras Preservation & Development Committee
headed by the Additional Chief Secretary, Shri C.K. Das, lAS
2. The amount of money sanctioned by the said committee and released
3. On what basis 850 Satras were selected by the said committee for inclusion
in the proposal submitted to the Government of India.
4. Copies of the replies given to Shri Gunin Das, MLA in the Assam Legislative
Assembly on 27.8.2005
5. How many Satras, Devalayas, Thans, Namgarhs etc getting annual grants-in-aid
from the Government of Assam
6. Home many Satras, Thans, Namgarhs have padasila (foot print) of Shri Srimanta
Sankardev, Shri Madhav Dev, Shri Dhamodhar Dev & Shri Haridev.
Submission of the parties
The Joint Secretary, Cultural Affairs Department, who is the SPIO of Cultural
Affairs Department informed the Commission that in all 862 applications were
received for fInancial assistance by the Government out of which during the
fIrst phase 135 satras were surveyed and a proposal for sanctioning fInancial
assistance of Rs. 96.59 crores in total was sent to the Government of India.
He also informed that the Department had no information about the padasila
(footprint) of the saints and would collect it from the Deputy Commissioners
of the districts. He further stated that he would furnish the copies of the
minutes ofthe said committee on Preservation and Development of the Satras
to the complainant. He also informed that the second phase of survey of the
satras would be undertaken soon and on the basis of the report of survey the
Government of India would be approached with a proposal for sanctioning fInancial
assistance for the satras. He stated that Rs. 5 lakhs was sanctioned for the
said committee (Preservation & Development of Satras) and was utilized.
He submitted before the Commission that the matter for furnishing copies of
the questions and replies as requested by the complainant is in the exclusive
purview ofthe Assembly and the Department has no right to furnish the copies
of the questions and answers. On the question of Satras, Devalayas, Thans
etc. getting Government grants the SPIO of the Cultural Affairs Department
submitted that such grants are not given by the Cultural Affairs Department
but by the Revenue Department / Planning & Development Department. He
however, mentioned that available information on this also would be provided
to the complainant.
Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of
the case, found that the complainant Shri Hiralal Das had earlier submitted
a complaint for furnishing information on similar matters and some information
on connected subject had already been provided to him. The Commission after
due consultation with the complainant and the SPIOs of both Cultural Affairs
Department and Revenue Department in the present case decided that the following
information be furnished to the complainant by the SPIO of Cultural Affairs
Department for which the complainant will be required to pay the prescribed
fees;
1. Copies of the minutes of the meetings of Satras Preservation & Development
Committee
headed by the Additional Chief Secretary, Shri c.K. Das, lAS.
2. Information regarding sanction of Rs. 5 1akhs for the said committee.
3. List of 862 applications received by the Government from the different
organizations
4. List of 135 satras which were surveyed in the First Phase
5. Copies of the proposal sent to the Government of India for sanctioning
of Rs. 96.59 crores
6. The SPIO of the Cultural Mfairs Department may also furnish the available
information on the annual grants given to the Satras, Devalayas, Thans etc.
which is within the knowledge of the Cultural Affairs Department.
The Commission further directed that the SPIO of the Cultural Mfairs Department,
Government of Assam should arrange to collect the Padasila (Footprint) as
sought for by the complainant from the Deputy Commissioners of the districts
and to furnish the same on realization of costs to the complainant as and
when received. The Commission was of the opinion that the information regarding
the Assembly questions and replies thereto are in the exclusive domain of
the Assam Legislative Assembly and therefore if the complainant wanted the
information he should approach the SPIO of the Assam Legislative Assembly
by following the procedure prescribed under the RTI Act, 2005.
No order on costs.
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.167/2006/15, dated February 22. 2007
CC:
1. Shri Hiralal Das, Lower Assam Sankardev, Madhabdev, Damodordev, Haridev Satra
Sangrashan Vikash Sangha, Moniari
Tinali, Kamrup Shri Udayan Hazarika,
2. The Commissioner & Secretary, Cultural Department, Government of Assam,
Dispur.
3.The Director, Archeology, Government of Assam.
4 . MD, AMTRON
5 . Office file.