Dated 10-10-2007

Name of the Complainant:
Nazmul Islam Mazharbhuiyan
General Secy. Assam Enviro-Legal
Protection Society, 7, Kalaguru Path, Bye lane -8.
Zakir Hussain Road P.O. Hengrabari, Guwahati - 781036

Name of the Public Authority:
CEO, Zila Parishad, Nagaon.

The following were present:
1. Shri Kanak Kachari, CEO Nagaon Zila Parishad
2. Shri R.K. Borthakur PD, DRDA, Nagaon
3. Nazmul lslam Mazharbhuiyan
4. Nurul Islam Borbhuyan

Brief of the case
On 11.9.07 a petition was received from Nazmul Islam Mazharbhuiyan of Guwahati stating that he sought for information from the P.D. DRDA, Nagaon relating to the following but he was not given any information. The information sought were as follows:

1. Information relating to the total quantities of Rice lifted by DRDA, Nagaon and / or 18 nos. of block offices from FCI from 2002- June 2007 (year wise and block wise) under various Central Government schemes for Rural Development including SGRY and food for works programmes.

2. Lists of approved godowns showing locations of the same and names and addresses of the owners of the said godowns where those rice were kept stored.

3. The nos. of trucks and the dates of their engagements in carrying the said rice form FCI to DRDA / Panchayat / Block godowns.

4. The copies of the Challans, if any, by which the said rice were carried.

5. The copies of the lists of beneficiaries, block wise, year-wise, amongst whom such rice was claimed to have been distributed.

On receipt of the complaint that he did not receive any information within the stipulated time-period, the Commission issued notices to both the Chief Executive Officer, Zilla Parishad, Nagaon and the Project Director, DRDA, Nagaon under section 18 (2) of the Right of Information Act, 2005.

Hence this complaint case.

Submission of the Parties
The complainant submitted that he applied to the Project Director, DRDA, Nagaon on 10.7.2007 with fees of Rs. 50/- paid in demand draft and sought for information with relation to the total quantities of rice lifted by the DRDA, Nagaon in 18 nos. of blocks from FCI from 2002 - June 2007 year wise and block wise under various Central Government Schemes including SGRY and food for works programme. He wanted lists of approved godowns with the locations, truck numbers and dates of their engagements including the lists of beneficiaries under this programme. As he did not receive the information in time, he approached the Commission with this complaint.

Project Director, DRDA, Nagaon submitted that he informed the complainant vide his letter dated 6.8.07 that the DRDA consisted of 18 numbers of Development blocks and 236 numbers of Gram Panchayats and the lists of beneficiaries were huge in number. He submitted that it might take time to collect all the information from the block headquarters. He also submitted that he informed the complainant that it would cost him a good sum of money and if the complainant checked the records either at the district or the block headquarters and place his requirements thereafter it would be convenient for his office to compile the records. He however stated that he could collect photocopies of the documents already collected by his office from different blocks relating to point no. I to IV on payment of photocopy charges at the rate of Rs. 2/- per document. Relating to the point no. V i.e. the list of beneficiaries of the scheme, these records which were in the form of muster rolls would have to be collected from the block offices and then on realization of actual costs of photocopy, the same could be furnished to the complainant. But as the number of muster rolls were large hence it would take a considerable period of time to collect the same. Also in case the Panchayat Elections were to be held, it would be difficult to pay attention to the collection of these documents from 18 blocks as all the officers and the staff of .the block offices as well as of his office would be fully busy in elections. In that case it would take more time and the documents could be collected only after the Panchayat Elections were over.

Observation of the Commission
The Commission observed that the letter dated 6.8.07 was not received by the complainant which was reportedly sent by post from the office of the DRDA and hence the complainant was not aware of the fact that the Project Director, DRDA, Nagaon wanted him to check the records in block offices. The Commission appreciated that information on points I to IV had been kept ready for furnishing to the complainant.

The information relating to point no. V of the complaint was quite large in number and it might not be possible on the part of the Project Director, DRDA, Nagaon to get them photocopied if sufficient time was not provided to them. It would be convenient if the complainant visited the DRDA office at Nagaon to first see the muster rolls containing the lists of the beneficiaries under the scheme of the Block office nearest the district headquarters and then make an assessment of the cost and volume of documents to be photocopied.

Thereafter the Project Director, DRDA, Nagaon could, in consultation with the complainant, collect the documents (i.e. the muster rolls) of the remaining 17 blocks and on payment of actual cost of photocopying them could handover the documents to the complainant. The Commission however felt that a definite time frame was to be given in this regard so that the entire process of handing over of the photocopies of the documents was completed within a fixed date.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct the Project Director, DRDA, Nagaon under section 19 (8)( a)(i) as follows:

1. The Project Director, DRDA, Nagaon should inform the complainant by fax the total cost involved in photocopying documents under points I & IV and hand over the documents in the form of photocopies in realization of the cost thereof The process should be competed within 10 days from the date of hearing.

2. In case the Panchayat Elections were not declared the muster rolls containing the lists of beneficiaries of the scheme should be collected from Khagorijan block and on realization of actual cost of photocopy, the same should be handed over to the complainant in his office within 15th November, 2007.

3. The muster rolls containing the lists of beneficiaries for remaining 17 blocks should be collected from the blocks by the Project Director, DRDA, Nagaon and on realization of actual cost of photocopy hand over the same to the complainant. The entire exercise should be completed within 15th December, 2007.

However if the Panchayat elections were declared and held the entire process should be completed within 15th January, 2008.

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.

CC:
1. The Chief Executive Officer, Nagaon Zil1a Parishad, Nagaon.
2. The Project Director, DRDA, Nagaon
3. Nazmul Islam Mazharbhuiyan, General Secy. Assam Enviro-Legal Protection Society, 7 Kalaguru Path, Bye Lane-8, Sakir Hussain Road, P.O. Hengrabari, Guwahati - 36
4. The DIPR, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan.
6. Office file.


Secretary
State Information Commission, Assam