MIZORAM RIGHT TO INFORMATION RULES, 2006.

In exercise of the power conferred by section 27 of the RTI Act, 2005, the Governor of Mizoram made the Mizoram Right to Information Rules, 2006, which was notified vide Government Notification No. F.13011/4/2005-IPR, dated 21st June,2006.

DEFECTS IN THE RULES: It is pertinent to note that section 27 of the Act authorizes the Government to make rules to carry out the provisions of the Act. In this connection, certain provisions in the rules merit re-examination,

IDENTITY:

Identity has been defined under clause (e) of sub-rule (1) of rule 1 to mean “an evidence to show the citizenship like an electoral photo identity card, a passport or any other document which can satisfy the authority about citizenship of the person;”. Identity of the applicant is one of the essential particulars of the Application Form in FORM’A’ prescribed under rule 4 of the Rules.

The provisions of RTI Act, 2005 nowhere require any authority to satisfy himself about the citizenship of an applicant person. On the other hand, sub-section (2) of section 6 of the Act prohibits (the authority) from requiring an applicant to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. Accordingly, the definition of “identity” in the rules is unnecessary and its use in FORM ‘A’ is contrary to the provisions of sub-section (2) of section 6 of the Act.

RECOMMENDATION: Amendment in accordance with the provisions of the Act is recommended.

MIZORAM LEGISLATIVE ASSEMBLY
RIGHT TO INFORMATION RULES, 2006

Rule 3(1) of the Mizoram Legislative Assembly Right to Information Rules, 2006 prescribes that a person desirous to obtain information pertaining to Mizoram Legislative Assembly shall make an application in Form A. This rule requiring application to be in Form A has technical flaw of being not supported by any provision of the Act. The Act mandates that the request for information should be in writing. Prescription of Application Form is not intended.

Form A, which is Application Form, seems to be quite in accordance with the provisions of the Act in respect of making an application for information.

RECOMMENDATION: Deletion of the word “shall” appearing in between ‘Legislative Assembly’ and ‘make an application’ will render making an application in ‘Form A’ not mandatory and, would look more conforming with the provisions of sub-section (1) of section 6 of the Act.

APPRECIATION

Though the Commission have earnestly made every effort to include the implementation, progress and conduct on the Act by each and every Public Authority under the State Government, it is regretted that only a handful have complied to this effort, thus Enabling the Commission to produce, but a vivid picture of the State in the implementation of RTI, Act 2005. However, it is heartening to mention that 125 public authorities of the State Government have rendered some effort in the implementation of the Act. It is further worth mentioning that among the eight districts, Public Authorities within Serchhip District has duly submitted their reports which may be credited to the untiring efforts and motivation of the Serchhip Deputy Commissioner. The following directorates, Industries and Power & Electricity have also duly complied by furnishing reports of not only the directorate but also of every subordinate offices under it. The performances of these public authorities have set an example and will hopefully encourage other public authorities in the implementation and due submission of reports in future.

CONCLUSION

A reasonably good beginning had been made. Much has been done. Much more remains to be done. It is believed that we shall overcome.

BPL CARD:

The Provision to sub-section (5) of section 7 exempts persons of below poverty line as may be determined by the appropriate Government from payment of fees both application fee as well as fees representing cost of providing information). The first Proviso to sub-rule (1) of rule 4 prescribes that such person should produce BPL Card. The law and the rule are perfectly complementary and supplementary to each other. But, it is learnt that under the State Government of Mizoram, three Departments, viz. Rural Development Department, Food and Civil Supplies and Local Administration Department have issued their own list of persons belonging to BPL and that each of these Departments recognized only the list issued by them. This situation, it is learnt, creates confusion and problems under R.T.I. Act for getting information.

RECOMMENDATION : Government may look into the matter and settle the problem in accordance with the provisions of section 7(5) of the Act.

Intimation of Rejection in FORM 'C':

Sub-rule (1) of rule 5 prescribes that the SPIO should intimate the applicant in FORM ‘C’ if his application is rejected. FORM ‘C’ specifies the following as grounds of rejection of application, thus.-

(i) It comes under the exempted category covered under sections 8 and 9 of the Act;
(ii) Your application was not complete in all respect.
(iii) Your identity is not satisfactory.
(iv) The information is contained in published material available to Public. You did not pay the required cost for providing information within the prescribed time.
(v) The information sought for is prohibited as per section 24(4) of the Act.
(vi) The information would cause unwarranted invasion of the privacy of any person.

The foregoing six reasons of rejection of application for information prescribed in FORM ‘C’ are neither supported by any provision of the Act nor are in accordance with the letter and spirit of the Act. Section 7 of the Act requires the SPIO to make a decision, giving reasons, either to provide information or reject the application. Section 4(1)(d) also requires similar reasoning. It is not proper to prescribe reasons of rejection for SPIO in a FORM. Decision means written decision with reasons. FORM ‘C’ forecloses decision.

(i) “It comes under the exempted category covered under sections 8 and 9 of the Act” is inaccurate. Section 8 contains 10 grounds on the basis of which the SPIO may not be obliged to give the information. SPIO should specify the ground of rejection. It cannot be all the ten of them in each case. Moreover,
some of the so-called exempted information can be allowed in larger public interest. To foreclose the powers and functions of the SPIO in FORM ‘C’ is not ‘to carry out the provisions of’ the Act as authorized under section 27 of the Act.

(ii) “Your application was not complete in all respect” in FORM ‘C’ has the effect of making the Application form in FORM ‘A” mandatory and is contrary to the provisions of the Act. Section 6 of the Act does not visualize any prescribed application form. FORM ‘A’ requires ‘identity’ of the applicant which is prohibited by sub-section (2) of section 6. FORM ‘A’ can be only model in nature and not mandatory. If so, FORM ‘C’ becomes redundant.

(iii) ‘Your identity is not satisfactory’ is contrary to the provisions of sub-section (2) of section 6 of the Act.

(iv) ‘The information is contained in published material available to Public. You did not pay the required cost for providing information within the prescribed time.’ These grounds of rejection contained in FORM ‘C’ are not supported by any provision of the Act. Non-payment of required cost will disentitle the applicant to get the information, i.e. until he pays, he would not get the information; but cannot be a ground for rejection of his application.
(v) ‘The information sought for is prohibited as per section 24(4) of the Act’ is an inaccurate ground. Section 24(4) does not prohibit any information; it keeps those notified organizations outside the purview of the Act.

(vi) ‘The information would cause unwarranted invasion of the privacy of any person’ is more like a pre-judged decision. Clause (j) of sub-section (1) of section 8 of the Act has a lot of room for discussion, for or against giving the information and, SPIO may like to decide to give information in larger public interest. Foreclosure of the judicial discretion of the SPIO is not a good prescription.

RECOMMENDATION: FORM ‘C’ and related rules merits removal and replacement with rules which will carry out the provisions of the Act.

Salaries and Allowances of SCIC & SIC:

It would be beneficial for the persons and officials concerned if, for other terms and conditions of service of SCIC, the provisions of the “Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991” read with the relevant provisions of the “Supreme Court Judges (Salaries and Conditions of Service) Act, 1958” and the rules made there under are inserted in the rules.

5. Rules for carrying out other provisions of the Act: The rule making power of the State Government is for carrying out the provisions of the Act. Apart from the existing rules, some of the possibilities of making rules are:

(1) Identification and listing of public authorities, including NGO public authorities, as defined in clause (h) of section 2 of the Act.

(2) How and in what manner relevant facts should be published by public authority while formulating or announcing important policies [See Section 4(1(c)]

(3) How and when public authorities should provide information suo motu under sub-section (2)

(4) How and in what manner dissemination of information is to be made. [See Section 4(3)]

(5) How and in what manner the SPIO should tackle sensitive issues like sovereignty of India, security etc. under section 8(1)(a).

(6) What should be the procedure to be adopted by the SPIO as to what is, and what is not, larger public interest, under section 8.

RULES FRAMED BY COMPETENT AUTHORITIES

SECTION 28. Section 28 of the Act empowers Competent Authorities to frames rules to carry out the provisions of the Act. Of the three Competent Authorities, namely, His Excellency, the Governor of Mizoram, the Hon’ble Speaker of Legislative Assembly and the Hon’ble Chief Justice of Gauhati High Court, only the Hon’ble Speaker framed rules in exercise of powers under section 28 of the Act.

SECTION 15 OF THE R.T.I. ACT, 2005:?
CONSTITUTION OF MIZORAM STATE INFORMATION COMMISSION:

The provisions of section 15 for constitution of State Information Commission came into force with effect from 15th June, 2005. However, the constitution of the Mizoram State Information Commission was notified by Notification No.13011/11/2005-IPR dated 29.6.2006. The constitution of the Mizoram State Information Commission was complete when, by Notification No.F.13011/11/ 2005-IPR, dated the 3rd July, 2006 Pu Robert Hrangdawla, I.A.S. Rtd. was appointed the Mizoram State Chief Information

Commissioner, and, Pu K. Tlanthanga IB(P)S Rtd. as Mizoram State Information
Commissioner and, when, on the 5th of July, 2006 they were sworn in by His Excellency, the Governor of Mizoram. Thus, the provisions of sub-sections (1) and (2) section 15 of the Act was implemented during the year under report.

Autonomy of the Commission: Sub-section (4) of section 15 of the Act provides for autonomy of the Commission in the following words:

“(4) The general superintendence, direction and management of the affairs
of the State Information Commission shall vest in the State Chief
Information Commissioner who shall be assisted by the State Information
Commissioners and may exercise all such powers and do all such acts and
things which may be exercised or done by the State Information
Commission autonomously without being subjected to directions by any
authority under this Act.”


Full Financial Powers: Accordingly, full financial powers has been delegated to the State Chief Information Commissioner in respect of the establishment of Mizoram State Information Commission in pursuance of Rule 3 (1)(a) of Delegation of Financial Power Rules, 1978 read with para 5 of the State of Mizoram Adaptation of Laws and Order

(No.2) of 1978 vide Notification No. G17012/1/2000-F.Est., dated 11.10.2006 issued by Finance Department of the Govt. of Mizoram

SECTION 16 : TERMS AND CONDITIONS OF SERVICE;

Section 16 of the Act prescribes the terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners.

1. Period of office: is to be 5 years in all or till the age of 65 years, whichever is earlier.

2. Salaries and other terms and conditions of service: Sub-section (5) of section 16 of the Act provides that the salaries and allowances payable to and other terms and conditions of service of -
(a) the State Chief Information Commissioner shall be the same as that of
an Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the
Chief Secretary to the State Government.

Accordingly, the State Government, in rule 8 of the Mizoram Right to
Information Rules, 2006 fixed the scale of pay of-

(a) the State Chief Information Commissioner at Rs.30,000/- fixed;
(b) the State Information Commissioners at Rs.26,000/- fixed.
No other terms and conditions of service were laid down in the said rules except stating in the rules ‘subject to the conditions of sub-section (5) of section 16. More detailed rules in accordance with section 16(5) would be helpful.

3. No Regular Pay Slip: During the year under report, the State Chief Information Commissioner and the State Information Commissioner were not issued Regular Pay Slip, they had to draw their salaries on the basis of Provisional Pay Slip.

4. Other terms and conditions of service of SCIC & SIC:Other terms and conditions of service of the State Chief Information Commissioner shall be the same as that of an Election Commissioner. The terms and conditions of service of an Election Commissioner is provided in the “Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991” as amended in 1994 (vide No.4 of 1994) which provides under sections “3.

5. There shall be paid to the Chief Election Commissioner and other Election Commissioners a salary which is equal to the salary of a Judge of the Supreme Court.”

“6(2) Where the Chief Election Commissioner or an Election Commissioner demits office (whether in any manner specified in sub-section (3) or by resignation, he shall, on such demission be entitled to-

“(a) a pension which is equal to the pension payable to a Judge of the Supreme Court in accordance with the provisions of Part III of the Schedule to the Supreme Court Judges (Conditions of Service) Act, 1958, as amended from time to time; and,

“(b) such pension (including commutation of pension), family pension and gratuity as are admissible to a Judge of the Supreme Court under the said Act and the rules made there under, as amended from time to time.”

“7. Every person holding office as the Chief Election Commissioner or an Election Commissioner shall be entitled to subscribed to the General Provident Fund (Central Services).”

“8. Save as otherwise provided in this Act, the conditions of service relating to traveling allowance, provision of rent-free residence and exemption from payment of income-tax on the value of such rent-free residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are for the time being applicable to a Judge of the Supreme Court under Chapter IV of the Supreme Court Judges (Conditions of Service) Act, 1958 and the rules made there under, shall, so far as may be, apply to the Chief Election Commissioner and other Election Commissioners.”

Thus, in terms of the conditions of service applicable to an Election Commissioner, which is also applicable to the SCIC under sub-section (5) of section 16 of the Act, the salaries and other terms and conditions of service of a Judge of the Supreme Court as specified in Supreme Court Judges (Conditions of Service) Act, 1958 and the rules made there under are applicable to the SCIC.

The State Government, in I & P.R., with the concurrence of Finance Department, vide No. F. 13011/14/2005 – IPR, dated 12.2.2007 fixed provisional entitlement and other terms & conditions of the services of the State Chief Information Commissioner and State Information Commissioner as at annexure – 8, most of which are totally at variance with the provisions of the said terms and conditions as are applicable to an Election Commissioner or to the Chief Secretary to the State Government. State Government had been requested for rectification. The State Government did not respond during the yea under report.

5. Official Residence of SCIC: In terms of the provisions of sub-section (5) of section 16 of the Act, read with the provisions of the “Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991” as amended in 1994 (vide No.4 of 1994) read with the provision of CHAPTER IV of the “Supreme Court Judges (Salaries and Conditions of Service) Act, 1958” and the rules made there under as applicable to an Election Commissioner and the SCIC, the SCIC is entitled without payment of rent to the use of furnished official residence which includes the staff quarters and other buildings appurtenant thereto and the garden thereof. It was not possible for the State Government to provide the SCIC an official residence as entitled by the post.

6. Official Residence of SIC: In terms of the provisions of sub-section (5) of section 16 of the Act, the terms and conditions of service SIC is the same as that of the Chief Secretary to the State Government. Official Residence is a part of the terms and conditions of service of the Chief Secretary. However, the SIC was not provided with an Official Residence similar to that of the Chief Secretary to the State Government.

RECOMMENDATION: The terms and conditions of service may be finalized with retros-
pective effect in accordance with the terms and conditions of service-

(a) as are applicable to an Election Commissioner in the case of SCIC;
(c) as are applicable to the Chief Secretary to the State in the case of SIC

ADMINISTRATIVE SETUP OF THE COMMISSION

Sub- section (6) of section 16 of the Act obliges on the State Government to provide the SCIC and the SIC, i.e. the Commission, with such officers and employees as may be necessary for the efficient performance of their functions under this Act, whose salaries and terms and conditions of service may be as prescribed. In compliance with this obligation, the State Government has sanctioned the following posts:
S.No. Designation of Posts No. of Post Scale of Pay
1. Secretary 01 Rs.16,400-20,000/-
2. Senior P.P.S. 01 Rs.12,000-16,500/-
3. Deputy Secretary 01 Rs.12,000-16,500/-
4. Under Secretary 01 Rs.10,000-15,200/-
5. Principal Private Secretary 02 Rs.10,000-15,200/-
6. Superintendent 01 Rs. 8,000-13,500/-
7. Stenographer Grade-I 01 Rs. 8,000-13,500/-
8. Assistants 03 Rs. 5,500- 9,000/-
9. Stenographer Grade-III 01 Rs. 5,000- 8,000/-
10. U.D.C. 03 Rs. 5,000- 8,000/-
11. L.D.C. 03 Rs. 4,000- 6,000/-
12. Driver 04 Rs. 3,050- 4,590/-
13. Despatch Rider 01 Rs. 3,050- 4,590/-
14. Grade-IV/Peon/Chowkidar 10 Rs. 2,650- 4,000/-



The State Government assists the Commission by lending the services of Secretary, Sr. P.P.S., Deputy Secretary, one P.P.S., Under Secretary, Superintendent, Stenographer Grade-I, three Assistants and one Stenographer Grade-III with whose help the Commission started its functioning. The Commission sincerely thanks the State Government. The Officers and other staff deputed by the State Government to the Commission are:
S.No. Name of Officer/Staff Post From To
1. Shri R.K. Singha Secretary 10.7.2006 15.02.2007
2. Pu Jim K. Chozah Deputy Secy. 27.7.2006 15.02.2007
3. Pu R. Vanlalduha Sr.P.P.S. 01.8.2006 -
4. Pi Lalhrangliani Under Secy. 10.7.2006 14.12.2006
5. Pi F. Lalrintluangi P.P.S. 10.7.2006 -
6. Pu C. Romawia Superintendent 10.7.2006 -
7. Pi V.L.T. Muani Steno Gr. I 10.7.2006 -
8. Pu H. Lalremruata Assistant 01.8.2006 01.09.2006
9. Pu Joseph L. Hauhnar Assistant 10.7.2006 -
10. Pi Thanchhingi Assistant 10.7.2006 -
11. Pi Parthanpuii Assistant 29.11.2006 -
12. Pi V.L. Chhandami Steno Gr. III 10.7. 2006 -

Casual workers on daily wage basis were also engaged against the
sanctioned vacant posts of UDC, LDC, Drivers, Despatch Rider and Grade IV.

POWER OF RECRUITMENT/APPOINTMENT: In terms of the provisions of sub-section (4) of section 15 of the Act, the State Government of Mizoram, DP & AR, vide No. B.16012/1/03-PAR(ARW), dated the 16th October, 2006 has given powers to the State Information Commission powers of recruitment/appointment of its own staff.

PERMISSION TO FILL UP GROUP C & D POSTS: The Government of Mizoram, DP
& AR, vide I.D. No. B-16012/1/03 P &AR (ARW), dated the 8th March, 2007 has approved filling up of Group C and D posts under the State Information Commission by direct recruit-
tment method in relaxation of ban being imposed by the Government.

OFFICE ACCOMMODATION: The State Government has allotted some space in the All India Service Officers’ Residential Complex, New Capital Complex, Khatla, Aizawl for temporary office accommodation. The Commission has established its office in this complex. The Commission has requested the State Government for arranging a permanent office accommodation in the present Mizoram Secretariat, Block C building as and when the Civil Secretariat is shifted to the New Capital Complex.

BUDGET ALLOCATION FOR THE YEAR 2006-07:

A budgetary provision of Rs.83.00 lakhs was allocated to the Commission
for the initial year of 2006-07 under.-

Major Head - 2251- Secretariat Social Services
Minor Head - 092- Other Offices
Sub – Head - (01)- State Information Commission

The expenditure during the year 2006-07 was as under:

Items of Expenditure Budget Provision Expenditure Surrendered

01- Salaries Rs.26.00 lakhs Rs.25,06,100 Rs. 93,900
02- Wages Rs. 1.00 lakh Rs. 1,00,000 NIL
06- Medical Treatment Rs. 2.00 lakhs NIL Rs.2,00,000
11- Travel Expenses Rs. 5.00 lakhs Rs. 5,00,000 NIL
13- Office Expenses Rs.30.00 lakhs Rs.30,00,000 NIL
14- Rent, Rates & Taxes Rs. 6.00 lakhs Rs. 5,95,650 Rs. 4,350
20- OAE Rs. 6.00 lakhs Rs. 6,00,000 NIL
26- Adv. & Publicity Rs. 6.00 lakhs Rs. 5,99,600 Rs. 400
50- Other Charges Rs. 1.00 lakh Rs. 99,938 Rs. 62
TOTAL RS.83.00 lakhs Rs.75,01,288 Rs.2,98,712

AWARENESS AND PUBLICITY PROGRAMME:

Realizing the need for immediate awareness and publicity among the people of the State, the Commission have encouraged such programmes conducted by various agencies. Some of the programmes where the Commission
have participated are:
Name of Programme Organizing Agency Date & Venue MSIC Participant

Bharat Nirman P. I. B. 22-23.8.2006 S.C.I.C.
Sihphir
Bharat Nirman P. I. B. 28-29.8.2006 S.C.I.C. & S.I.C.
Reiek

National Convention Central Inf. Comm. 13-15.10.2006 S.C.I.C. & S.I.C.
New Delhi

RTI Awareness Prog. I & PR, Lunglei 22.9.2006, Lunglei S.I.C.
23.9.2006, Darzo S.I.C.
24.9.2006, Hnahthial S.I.C.
RTI Awarenes Prog. Delhi MZP 04.11.2006, N. Delhi S.I.C.

Public Inf. Campaign P.I.B. 15.11.2006, Paithar S.I.C.


The Commission circulated 5,000 copies of pamphlets bearing RTI slogans which were displayed all over Aizawl City. 500 copies of 2007 calendar with RTI slogans was published and widely disseminated . A handbook “RTI Mipute Tan’containing every aspect on the provisions of RTI Act and the Rules, both in the local language and in English was published by the Commission.

The Commission programmed to hold a convention-cum-seminar for all the First Appellate Authorities, SPIOs and SAPIOs of the State on 23.1.2007 at the Synod Conference Centre on RTI Act, 2005 and issues relating thereto in Mizoram, requesting all concerned for participation. The programme had to be cancelled at the last minute as authorities in the State Government expressed orally their inability to send their officers to participate in the programme.

SECTION 18 : COMPLAINTS:

Section 18 of the R.T.I. Act, 2005 empowers and obliges the State Information Commission to receive and inquire into complaint received from any person. Such a complaint can be made by a person.-
(a) who has been unable to submit a request to the State Public Information Officer (SPIO) either by reasons that no such officer had been appointed under this Act, or because the State Assistant Public Information Officer (SAPIO) has refused to accept his or her application for information or appeal under this Act for forwarding the same to the State Public Information Officer or Senior Officer designated as Departmental Appellate Authority (DAA) or the State Information Commission (SIC), as the case may be.

(b) who has been refused access to any information requested under the Act.

(c) who has not been given a response to a request for information or access to information within the time limits specified under this Act.

(d) who has been required to pay an amount of fee which he or she considers unreasonable.

(e) who believes that he or she has been given incomplete, misleading or false information under this Act.

(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.


During the year under report, the Commission received six (6) complaints and disposed of 6. Four decisions were complied with and two remained pending for compliance

SECTION 19 : APPEALS:

Section 19 of the Act provides for First or Departmental Appeal to a designated senior officer and, second and final appeal to the Information Commission.

First Appeal : During the first year of implementation of the R.T.I. Act, 2005, covering a period of roughly 9 months, 4 (four) appeals were preferred before the First/Departmental Appellate Authorities, who disposed all the four appeals during the same year. Out of four appeals decided by them, three (3) were allowed and one was rejected. It is an excellent job performed by the First Appellate Authorities.

Second Appeal: No application for second appeal was received during the first year of implementation in Mizoram.
?

V. SECTION 20 (1): PENALTIES:

Sub-section (1) of Section 20 of the R.T.I. Act, 2005 has obliged the Information Commission to impose penalty on the SPIO if, at the time of deciding any complaint or appeal, the Commission is of the opinion that the SPIO has , without any reasonable cause,-
(i) refused to receive an application for information , or
(ii) has not furnished information within the time specified under sub-section (1) of section 7, or
(iii) mal-afidely denied the request for information, or
(iv) knowingly given incorrect, incomplete or misleading information, or
(v) destroyed information which was the subject of the request, or
(vi) obstructed in any manner in furnishing the information.

During the period under report, the Commission had no occasion for proceeding and for imposing any penalty on any SPIO. ANNEXURE – 6.

VII. SECTION 20 (2) : DISCIPLINARY ACTION AGAINST SPIO:

Sub-section (2) of Section 20 of the R.T.I. Act, 2005 obliges the Information Commission to recommend for disciplinary action against the SPIO if, at the time of deciding any complaint or appeal, the Commission is of the opinion that the SPIO has , without any reasonable cause and persistently,-
(i) failed to receive an application for information , or
(ii) has not furnished information within the time specified under sub-section (1) of section 7, or
(iii) mal-afidely denied the request for information, or
(iv) knowingly given incorrect, incomplete or misleading information, or
(v) destroyed information which was the subject of the request, or
(vi) obstructed in any manner in furnishing the information.

During the period under report, the Commission had no occasion for proceeding and for recommendation of disciplinary action against any SPIO

SECTION 24(4) PROVISO: APPROVAL OF COMMISSION:

Certain intelligence and security organizations notified by the State Government under sub-section (4) of section 24 of the Act, though are exempt from the operation of the Act in normal course, are also liable to furnish information, with the approval of the State Information Commission, pertaining to the allegations of corruption and human rights violation.
During the year under report, no approval under this sub-section was give by the Commission.

SECTION 25 : MONITORING AND REPORTING:

It is the duty of the Information Commission to prepare a report on the implementation of the provisions of the Act, each year and forward a copy thereof to the appropriate Government under section 25 of the Act. This Report is the First Report of the Mizoram State Information Commission on the implementation of the provisions of the Right to Information Act, 2005 in Mizoram.

SECTION 26 : The appropriate (State) Government is required by sub-section (1) of section 26 to perform the following:-

1. To develop and organize educational programmes to advance the understanding of the public as to how to exercise the rights contemplated under the Act;
2.To encourage public authorities to participate in the development and organization of educational programmes and to undertake such programmes themselves;
3.To promote timely and effective dissemination of accurate information by public authorities about their activities; and
4.To train SPIOs of public authorities and produce relevant training materials for use by the public authorities themselves.

IMPLEMENTATION: The Commission has no information about the implementation of the provisions of sub-section (1) of section 26 for the public by the State Government during the year under report. However, seven training programmes were organized for the PIOs, for 14 days for seven districts of the State with total number of 183 participants. There is room for more.

TRAINING AND AWARENESS CAMPAGIN CONDUCTED BY
STATE GOVERNMENT

(a) FOR DESIGNATED PIOs: During the year 2006-2007, the State Government of Mizoram conducted training programmes, seminar, workshop on R.T.I. for designated PIOs as under:-

TRAINING AND AWARENESS CAMPAGIN
CONDUCTED BY STA
TE GOVERNMENT DURING 2006-2007

SNo	Training Date	No. Of Days	Place of Training	No of Participants
1	19-20 April, 2006	2 days	Aizawl Dist.	?25 Nos.
2	16-17 May, 2006	2 days	Serchhip Dist. Mamit Dist	24 Nos.
3	27-28 June, 2006	2 days	Aizawl Dist.	25 Nos.
4	04-05 July, 2006	2 days	Kolasib Dist.	24 Nos.
5	20-30 July, 2006	2 days	Champhai Dist.	31 Nos.
6	05-06 February, 2007	2 days	Saiha Dist.	33 Nos.
7	07-08 February, 2007	2 days	Lawngtlai Dist.	21 Nos.

TOTAL: 14 days Districts: 7.? Participants: 183 Nos.

(b) FOR THE PUBLIC: No information to the Commission.

COMPILATION OF GUIDE: Sub-section(2) of section 26 commands that the appropriate (State) Government shall, within eighteen months from the commencement of this Act,
compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.

IMPLEMENTATION: The limitation of eighteen months from the date of commencement of the Act, i.e. 18 months from the 15th June,2005, was 15th of December, 2006. The Commission is not aware of any guide having been compiled by the State Government as envisaged under sub-section (2) section 26

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