Nagaland State Information Commission, RTI Act 2005

2. The Commission reviewed the first –ever meeting held with the State Government officials on 31st August. The Commission felt that the meeting was purposeful and it helped to deliberate on various issues related to the implementation of the Act.

3. The CIC had a meeting with the Chief Minister and addressed him on the importance of sensitizing the members of the legislature and the council of ministers about the provisions of the RTI Act. The CIC also briefed the Chief Minister about the present functioning of the Commission and the requirements of the Commission like post creations, provision of office building and financial requirements.

4. The Commission also had a meeting with Shri.C.J.Ponraj, Secretary and Commissioner, P&AR .It was discussed during the course of the meeting that as a nodal agency , the P&AR plays an important role in proper functioning of the Commission. It was decided that the Comission and P&AR would work in co-ordination and that the department would extend help regarding infrastructural development like accommodation, post creations, educational programs and circulation of O.M., notifications, orders etc in relation to the Act.

5. The Commission decided to have a press conference with the media personnel in Nagaland on issues related to RTI, Act. The venue and date of the conference shall be decided after the 10th of September.

1 . The Commission approved the meeting minutes of 4th September, 2006. The record notes of the meeting held on 31st August 2006 with the Heads of Administration and Heads of Departments was reviewed and approved after making some modifications.

2. In reference to D.O.letter vide CIC/(PIOs) , 2006 dated 10th June ,2006, regarding the appointment of PIOs and Appellate Authorities of the Departments and PSUs , the Commission received the list of appointments on 31st August, 2006.It was found that the good number of Departments have appointed the PIOs and APIOs. Out of the 8 listed PSUs , only one undertaking, Nagaland State Steel Mineral Development Corporation Limited (NSMDC) has appointed the above mentioned authorities. The Commission desired that the defaulting Departments and PSUs will be reminded to complete the formalities.

3. The Commissioners were asked to review and update their respective lists of Departments assigned . It was also decided that the Commission shall transfer back complaints/appeals to those Departments which have not appointed PIOs, APIOs and Appellate Authority as per RTI Act.

4. The Commission was of the view that the P&AR Department shall organize training programs, awareness campaigns and translation of RTI Act into various local dialects for education of both the PIOs as well as the citizens. The Commission also felt that the Department should systematically streamline programs for effective implementation of the RTI Act.

5. It was scheduled to have an interaction session with the Press / Media personnel on 18th September ,2006 at 11a.m. in the Zonal Council Hall. The I&PR Department will be asked to intimate the same to the media about the interactive session.It was decided that a video conferencing shall be held with the District level PIOs and officers at a future date following the session with the media.

6. The Commission shall prepare some pertinent questions and important issues related to the implementation of the RTI Act in Nagaland for the National Convention on RTI Act to be held from 13th to 15th October,2006 at New Delhi. These issues and questions shall be discussed upon in the next Commission meeting.

7. The Commission took note of the non-payment of monthly house rent by the Government for the house which was allotted to Rev.Pongsing as the official residence at Lerie Colony,Kohima.The Commission decided that the CIC shall write D.O. letter to the P&AR regarding this matter.

8. It was decided that the CIC shall write D.O. letter to A.G., Kohima regarding pay and allowances payable to the Commissioners (SICs) under sub-section 5(b) of Section 16 of the RTI Act,2005.

9.CIC informed that telephones have been installed at the present residential office of the CIC and the official residences of the Commissioners. He further informed that he will remind the Government
to provide residential quarters to the Commissioners of NIC as per the entitlements.

1. The Commission minutes of September 12th instance was carefully reviewed and approved after making some correction and modification.

2. The Commission briefly evaluated the interactive session held with the Press and Media persons on September 18th at Zonal Council Hall. The Commission felt satisfied about the interactive session, which went smoothly. In this connection, it was resolved to keep a brief report about the interactive session with Press and media persons.

3. The Commission was aware about some departments and Public Sector Undertakings (PSUs) who have not yet submitted their reports in spites of official reminder served to them by the Commission urging them to do the needful by the end of August, 2006. The Commission was of the opinion that by now reports from all the departments and PSUs should have reached the Commission for inclusion in the annual report of the Commission. After a lengthy deliberation, the Commission decided to give time up to October 15, 2006. If some departments and PSUs still do not submit their reports by that time, the Commission will be compelled to mention the name of those defaulting departments and PSUs in the annual report of the Commission, which will be presented to the Nagaland Legislative Assembly.

4. The Commission had earlier decided to conduct Video- Conferencing with all the districts in Nagaland at a suitable time. In pursuance of this decision, the Commission has resolved to fix Video-Conferencing on October 9, 2006 at 11:00 am. In this connection, it was further decided to write to Chief Secretary requesting him to inform all the relevant authorities for the smooth conduct of the proposed program.

5. While making all efforts for effective implementation of RTI Act 2006, the Commission also became aware of the future accommodation for the Commission, both office and residential. In course of deliberation on this matter, the Commission was made to understand that the Hon’ble Chief Minister and some other Ministers are likely to shift to their new official accommodation in the near future. Hence, the Commission decided to write to the Hon’ble Chief Minister requesting him to give us the present residential campus of the Hon’ble Chief Minister with Banquet Hall, and three residential buildings presently occupied by the Ministers for Chief Information Commissioner, and two State Information Commissioners of the Nagaland Information Commission.

6. The Commission also deliberated on some pertinent matters and issues for sharing during the upcoming National Convention which is scheduled to be held in New Delhi during October 13 – 15, 2006. One of the issues which the Commission had discussed was about the penalty for Public Information Officers (PIOs). Suppose, one PIO did not disclosed certain information requested by a citizen due to instruction given from above that this particular information should not be disclosed. In this case, the PIO is unnecessarily penalised or victimised for no fault of his own. This is a serious matter that requires further deliberation at all levels.

7. In response to the invitation given by Central Information Commission to bring one or two citizens who have done commendable work for implementation of RTI Act 2005, the Commission has decided to bring Mr. Chingmak Kijung and his wife to attend the upcoming National Convention to be held in New Delhi during Oct 13 – 15, 2006.

1. The minutes of Commission meeting of 19th September instant was unanimously approved.

2. The CIC apprised the Commission that the office accommodation at Old Secretariat is more or less finalized with official communication from Chief Secretary. However, the rooms are to be repaired and renovated for which Dr. Kuhoi Zhimomi was entrusted to contact Executive Engineer, PWD for preparing necessary estimates.

3. Reiterating earlier decision, the Commission once again reaffirmed to leave on October 11th for attending National Convention and first anniversary celebration of RTI Act 2005 in New Delhi during Oct 13 – 15, 2006. The CIC informed the Commission that there may be two kinds of programs. One is the in housed organizational meeting while the other one is the National Convention.

4. The Commission entrusted Rev. Dr. Pongsing Konyak to find out Public Information Officers appointed by various Central government departments/agencies such as Postal, BSNL, AIR, TV, Doordashan, Income Tax in Dimapur, SBI, Accountant General, Nagaland University, ICAR, Railway, Director of Census etc.

5. It was once again reaffirmed that the proposed Video Conferencing with all the districts will be held at New Secretariat on Oct 9th between 11:oo am to 1:00 pm. A briefing session will be held with the PIOs of Kohima district and various departments on the same day at Zonal Council Hall between 1:30 pm to 3:30 pm.

1. While reviewing the minutes of the Commission meeting of 3rd October instant, two issues were further discussed and took the following decisions:
(i) Some of the Central government’s departments/agencies in Nagaland are beyond the jurisdiction and purview of the Nagaland Information Commission. However, the citizens of Nagaland would like to seek information from them for which the appointment of Public Information Officers/Assistant Public Information Officers are immediately required. Therefore, the Commission has resolved to write to the Central Information Commission in New Delhi to do the needful in an early date.
(ii) It is also found that the appellants from Nagaland will find it difficult to go to New Delhi for attending the hearing. In this connection, the Commission has decided to find out from Central Information Commission as to what arrangement has been made for handling such matter.

2. The Commission expressed the urgent need of office and residential accommodations for carrying out the works of the Commission effectively. In this connection, the Commission has given a clear instruction to the SDO (PWD) who is the in charge for repairing and renovation of the office building to complete the work within this November.

3. The Nagaland Information Commission is aware of the fact that some departments and Public Sector Undertakings have not submitted their reports on implementation of RTI Act 2005 in spite of several reminders served to them urging them to do the needful on or before October 15th 2006. This matter was discussed seriously by the Commission and have decided to write to the Chief Secretary that the Commission will be constraint to mention the defaulting departments/PSUs in the annual report of the Commission which will be presented to the Nagaland Legislative Assembly during the next Assembly session.

4. The Commission briefly reviewed the proceedings of the National Convention on one year of RTI which was held at Vigyan Bhavan, New Delhi during Oct 13 – 15, 2006. Some of the important issues emerged for discussion and deliberation are identified by the commission for further study and pursuance. Some of the pertinent issues are as follows:
(i) Empowerment of the Commissions.
(ii) Autonomy of the Commissions
(iii) Contempt of power/court
(iv) PIO is made the scapegoat
(v) Awareness at the grassroots level on RTI
(vi) Implementation of Sect 4th by public authorities is lacking
(vii) Sect 26th lacks strong political will. This section has loopholes
(viii) Uniformity of Rules and Procedures
(ix) Accountability of Public functionaries

5. Video conferencing will be held in November with those districts who did not get connection last time. These districts are: Mon, Longleng, Zunheboto, Tuensang, Kipheri. Another video conferencing will be held for the Kohima district PIOs and the state government PIOs together.

6. The Commission has resolved to make a tour to at least two districts before December, 2006.

7. It was also decided to organize an informal session with some people from civil societies who have successfully implemented RTI Act 2005.

1. The Chief Information Commissioner and Dr. Kuhoi Zhimomi, SIC gave a brief report about the office accommodation at the Old Secretariat. In this connection the Commission decided to advance at least Rs. 50,000 (Rupees fifty thousand) only to start the repairing and renovation work by the PWD workers.

3. The Commission had a fruitful deliberation along with Mr. Mathung, Computer System Engineer about the possibilities of computer installation, developing Commission website, internet connection with BSNL, NIC, NE Line, or even Commission owned connection etc. Meanwhile, the Commission resolved to take BSNL Broadband Home Unlimited both for main office as well as CIC’s residential office which will cost Rs. 900 (Rupees nine hundred) only per month. It was also unanimously decided to use Mr. Mathung as a consultant on honorary basis.

4. Having seen the great need for public awareness and education, the Commission decided to prepare a brief write up on RTI Act which will be given out to public as the need arises. Further, the Commission also realized the need to come up with some background information for developing website. Consequently, the Commission entrusted Rev. Dr. Pongsing Konyak, SIC to work on the matter and bring a report to the Commission in due course of time.

5. The CIC presented the Logo of the Central Information which could be appropriately modified and be used by Nagaland Information Commission. The matter was deliberated at length and finally decided to modify the Logo with “Nagaland” substituting “Central” in all appropriate places. The Commission finally entrusted Dr. Kuhoi Zhimomi, SIC to complete the work and bring it to the Commission in due course of time.

6. It was decided that the next Video Conferencing with Mon, Longleng, Tuensang, Kephiri, Zunheboto and Tuensang districts will be held tentatively during November 13 – 16, 2006.

7. The Commission unanimously resolved to hold next Commission meeting on November 14th.

1. The minutes of Oct 31, 2006 instant was approved unanimously by the Commission.

2. The report about the ongoing renovation and repairing works of the office accommodation was given by Dr. Kuhoi Zhimomi in which he mentioned that at least few rooms will be ready by the last week of November. In this regard the Commission has decided to make use of whatever rooms that will be ready by December first week while repairing and renovation of other rooms will continue. Meanwhile the Commission decided to ask the SDO and Executive Engineer in charge of the work to submit the financial requirement for the whole complex immediately so that the CIC will write to the Chief Minister for early sanctioning of funds for the whole works.

3. The Commission was disappointed to have received communication from NIC dated 14, November stating that the arrangement for Video Conferencing was not possible due to technical and power supply problems in different districts. However, the Commission felt that NIC could have taken steps urgently for rectification of technical problem at VC sites and make arrangement for power supply in order to facilitate Video Conferencing as scheduled for which communication from CIC office went as early as November 2, 2006. Meanwhile, Rev. Dr. Pongsing was entrusted by Commission to find out from NIC about the present problems, how long this situation will continue, how early the technical problems will be rectified, and to ask who is the PIO of NIC etc.

4. The annual report prepared by Dr. Kuhoi Zhimomi was presented to the Commission for further perusal. The matter was examined by the Commission and have decided to ask CIC to polish it up and submit to the government to be presented to the State Assembly.

5. The Commission’s Logo presented by Dr. Kuhoi Zhimomi, was carefully examined by the Commission. The Commission opined that the letters around the Logo be shining black and the same should be proportionate with the size of the Logo. After making minor modification, the Logo was finally approved.

6. A simple write up on the RTI Act 2005 was presented by Rev. Dr. Pongsing, inviting comments and suggestions for improvement. The Commission unanimously decided to study the same individually and come back with suggestions and comments in the next meeting.

7. Since the official postal address of the Commission is urgently needed by every one, the Commission decided to finalize the address as follows:
Nagaland Information Commission
Old Secretariat Complex
P.O. Box 148
Kohima 797004, Nagaland

8. The CIC presented letter from Mr. M.M. Ansari, Information Commissioner, New Delhi. In that letter Mr. M.M. Ansari stated that the Central Information Commission has proposed to convene a meeting of all the Information Commissioners to discuss various issues of common concerns for effective implementation of RTI. Responding to the letter the Commission has decided to convey some of our suggestions about the date, venue, and some issues for discussions to Mr. M.M. Ansari as early as possible.

9. The Commission has decided to visit the following districts as follows:
Peren on November 24 at 11:30 hrs.
Longleng on November 27 at 11:00 hrs
Mokokchubng on Nov 28 at 10:00 hrs.

10. The Commission decided to go and see the office accommodation renovation and
repairing works at Old Secretariat on November 15th at 11: am.

Members Present:
1. Shri P. Talitemjen Ao, CIC in the Chair.
2. Rev. Dr. Pongsing Konyak, SIC
3. Dr. Kuhoi Zhimomi, SIC

1. The minutes of the Commission meeting held on November 14 instant was approved after a slight correction and modification.

2. The financial requirement for the office accommodation amounting to Rs. 10,00,000 (Rupees ten lakhs) prepared by Executive Engineer and SDO in charge of the work be given to CIC immediately so that he can make a formal request to Chief Minister and Finance Commissioner for the release of funds. The CIC also informed the Commission that the arrangement has been made for the supply of furniture as soon as the rooms are ready. Meanwhile it was also decided that the extension of telephone line to the office should be completed before the rooms are formally occupied.

3. The Commission does not have Conference and Hearing Room whereas we have an appeal for immediate hearing. As such, the Commission has decided to ask the government for Zonal Council Hall to be allotted to the Commission for the purpose until such time when the Commission will have its own conference and hearing room.

4. Since NGOs funded by government for welfare activities come under the purview of the RTI Act, the Commission has resolved to write to all the departments to list the names of NGOs who received government funds on regular basis for public welfare activities.

5. The Commission also has confirmed with Deputy Commissioners of Peren, Longleng and Mokokchung districts for Commission official visit to them.

6. A brief discussion was also held focusing on preparation of annual report of the Commission. Consequently, it was decided that an appropriate report highlighting the activities of the Commission as well as the public authorities would be prepared to be submitted to the government.

7. The Commission also decided to distribute one set each of the RTI books amongst the Commissioners for further reading and preparation.

8. It is resolved to hold interaction with the state level and Kohima district PIOs together on December 13th at Zonal Council Hall at 11:00 hrs.

9 . Since the Commission has received one appeal for hearing, it was decided to hold full Commission hearing session as soon as the office accommodation is formally occupied.

1. Shri P. Talitemjen Ao, CIC in the chair
2. Rev. Dr. Pongsing Konyak, SIC
3. Dr. Kuhoi Zhimomi, SIC

1. The minute of the Commission meeting of November 22, 2006 instant was unanimously approved.

2. The Commission received the petition submitted by Mr. R. Ezung, IAS (Retd Secretary to the Govt of Nagaland) seeking information under RTI. However, he did not process his application through the PIO of the concerned department. Hence, the Commission decided to return the application to him with an instruction to follow the procedure as provided by the RTI Act 2005.

3. The CIC informed the Commission that the Home Department has allowed the Nagaland Information Commission to make use of the Zonal Council Hall for conducting hearings till such time when the Commission have its own hearing room.

4. It was decided to hold next Commission meeting in the new office on December 22, 2006.

5. In order to equip, enhance the level of effectiveness and awareness, the Commission decided to give some books on RTI to the following:

(a) A Manual for Public Authorities, Information Officers & Appellate Authorities will be given to all Public Authorities and one copy of RTI book produced by YASHADA to all the Commissioners, Secretaries and Managing Directors of PSUs.

(b) One full set of books on RTI by NIA will be given to Raj Bhavan and Chief Minister’s Secretariat.

(c) A Guide for Civil Society Organizations (Book on RTI) will also be given to selected civil societies after completing the list of active civil societies on RTI for which Rev. Dr. Pongsing is entrusted to make the list for immediate distribution of books.

(d) A Guide to Media will be sent to Director of Information & Public Relation and one copy each to Local Dailies both English and few Vernaculars.

6. The Commission also decided to meet Chief Minister and submit the budget of the Commission for next year.

7. The Commission also decided to engage one office peon and one office chowkidar on contingency basis with effective from Dec 18, 2006.

Records notes of the Commission meeting held on January 2nd 2007 at CIC Chamber.

1. Shri P.Talitemjen Ao, CIC in the Chair.
2. Rev. Dr. Pongsing SIC.
3. Dr. Kuhoi Zhimomi

2. The CIC informed the Commission that the Directorate of Rural Development
Department has published and released its Manuals under Section 4th of RTI 2005
For the year 2007.

3. The Commission has resolved to hold interaction with the PIOs of Dimapur
District as well as with Media one after another on January 11,2006.

4. In conjunction with earlier decision, the commission decided to give RTI Books
to some of the local dailies mentioned below:

(1) Nagaland Post
(2) Morung
(3) Eastern Mirror
(4) Nagaland Page
(5) North East Herald
(6) Capi (Local paper in Angami)
(7) Ralha ( do )
(8) Ao Milen (Local paper in Ao)
(9) Tir Yimyim ( do )
(10)Keyaphi (Sumi Local paper)
(11) Sumi yepu ( do )
(12) Aztsa (Sumi Megazine)

Further, it was also decided to give some copies of RTI Books to the following media organizations.
(1) Nagaland Journalist Association
(2) Directorate of Information and Public Relation.

5. The CIC gave a brief report about his visit to Assam and Meghalaya. He stated that he had a meaningful interaction with the CIC of Assam in which the CIC of Nagaland had suggested that all the North East Information Commissions can jointly host the Information Commissions of India in Gauhati with the funds from NEC.

6. The Commissions has resolved to conduct the first hearing during January 15-25, 2007 for which the date will be fixed in the next meeting.

7. The Commission was informed by Rev.Dr.Ponsing, SIC that he is already working in the Manual of Nagaland Information Commission. He however, mentioned that he needs to sit with a computer operator to make some structural designs on the Manual.

8. The Commission felt that the Training of PIOs should be conducted more seriously. Hence, it was decided to give a directive to the Govt. to do the needful.

9. The Commission also decided that the next round of touring to districts will be done in the month of February.

1. Shri. P. Talitemjen Ao, CIC in the Chair.
2. Rev. Dr. Pongsing, SIC.
3. Dr. Kuhoi Zhimomi, SIC.

1. The meeting minutes of 2nd January 2007 was approved with some corrections and modification.

2. Discussion was held with regards to interaction to be held with PIOs and Heads of Officer of Dimapur district and also with media and members of Civil Society Organisations. The interaction will take place with all the groups one after another at Deputy Commissioner’s Chamber beginning from 11:00 A.M.

3. As decided earlier, the Manual of Nagaland Information Commission will be made available for approval by the Commission latest by the end of January 2007.

4. The Commission once again decided to remind the Govt. to give direction to all the public authorities to publish the details of the departments/ public authorities as per the provision of RTI Act, 2005 Sec6tion 4 (four).

5. The Commission will hold the first hearing on the appeal made by Mr. Kaiho Zhimomi on 24th January 2007 in Zonal Council Hall at 11:00 A.M.

Nagaland Information Commission
Kohima, Nagaland

Record note of the Commission held on February 6, 2007.

Members Present:
1. Shri P. Talitemjen Ao, CIC in the Chair.
2. Rev. Dr. Pongsing Konyak, SIC
3. Dr. Kuhoi Zhimomi, SIC

1 The Commission meeting minute of January 30th 2007 instant was approved after few corrections.

2. In order to establish email/internet connectivity in the Commission office, it was resolved to opt for Broadband Unlimited category.

3. Since the Decision for the first Hearing was due on the 7th, the Commission spent sufficient time preparing the decision and brushing it up for final pronouncement the next day.

4. It was unanimously decided to have the next Commission meeting on February 16th (Friday)

Members Present:
1. Shri P. Talitemjen Ao, CIC in the Chair.
2. Rev. Dr. Pongsing Konyak, SIC
3. Dr. Kuhoi Zhimomi, SIC

1 The Commission meeting minutes of February 6, 2007 was approved after slight modifications and correction.

2. A write up on RTI Voluntary Disclosure was presented by Rev. Dr. Pongsing, SIC. while reading the write up, the Commission gave some suggestions and opinions for further improvement. It was also decided that this document will be finalized in the next meeting.

3. Regarding visit to districts, it was decided that Wokha district will be visited within February while other districts like Zunheboto, Phek, Kiphire, Tuensang, and Mon will be visited tentatively in March/April, 2007.

4. The Chief Information Commissioner said that earlier the group having contract with Doordarshan at Kohima expressed its desire to make a Documentary Film on implementation of RTI Act in Nagaland. The Commission felt that the proposal is a necessity for creating mass awareness on RTI. Consequently, it was decided to allow the group to go ahead with thier proposal.

5. The Commission also spent some times deliberating on the use of All India Radio for creating mass awareness on RTI in whatever way possible.

6. In order to heighten the level of awareness on RTI at all levels, the Commission resolved to organize a State Level Seminar on RTI at Kohima tentatively in April, 2007.

7. The Commission opines that the public education / awareness program particularly for the disadvantaged communities have been rather slow on the part of the government so far. Hence, the Commission decided to write to the State Government to take up this matter vigorously. At the same time, the Commission also decided to become proactive in creating awareness to the extent possible.

1. Commission approved the meeting minute of February 16th Instant after few corrections.

2.In the appeal case between Mr. Kaiho Zhimomi, president of Regional Fenta Trade Union and the department of Forest & Environment and Wield life, the February 20th is the last day for PIO of Forest & Environment department to submit all the needed information to Mr. Kaiho Zhimomi. In this regard the Commission decided to find out and confirm compliance.

3.It has been discovered that the Law and Justice department of the State Government has not updated the name of the Appellate Authority in their department. Therefore, it was resolved to write to the Government to update the list of APIOs/PIOs/Appellate Authority regularly and without delay.

4.In view of the urgent need for completing Website for the Commission, it was decided to meet Mr. Mathung Kittan, System Engineer of the Planning department for engaging a Website designer at the earliest.

5. In pursuant of earlier decision to appoint a legal Consultant for the Commission, it was decided to come up with some penal of legal personalities and discuss the matter in detail in the next meeting.

1. The Commission meeting minute of February 20, 2007 was approved after few corrections.

2.The commission deliberated at length about Website designing and decided that the cost of designing will be finalized after thorough negotiation with the designer once the preliminary work is presented to the Commission.

3.Regarding the use of Legal Consultant, the Commission opines that a panel of
Legal personalities will be completed and select the person in due course of time.

2. The CIC informed the Commission about the progress made on Website designing which will also be made available for the whole Commission to view the same on March 9th 2007.

3. While reading through the RTI Disclosure presented by Rev. Dr. Pongsing, the Commission discovered certain areas that need to be further improved before it is finally given out to Website designer. Hence, Rev. Dr. Pongsing is requested to do the needful.

4. Though slightly late, the Commission received the Annual Report submitted by Transport & Communication department and the same was examined by the Commission.

5. The Commission spent some times examining the latest list of PIOs/APIOs/Appellate Authorities. Here the Commission discovered that some departments have not yet appointed Appellate Authorities and therefore the Commission decided to write to the Government to do the needful at early date.

1.The meeting minute of March 8th 2007 instant was approved after few corrections.

2.The Website designed by M/S COMPUTER EDGE was presented to the Commission for necessary comments and suggestions for further improvement.

3.The Commission also decided to transfer all the meeting minutes to the Website immediately in order to complete the Website within the next few days.