#1) 4(1)(a) is a "facilitative" clause for the P/As. Even if it was not there in the RTI Act, the citizen's right to information does not stand diminished in any way !!! <--- read this carefully.
#2) The clause specifies that only those records which are APPROPRIATE to be computerised (ie. converted into a "computer") capable of being connected to a computer network. The term computer is defined in IT Act as
"any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network;"
So the information (mentioned in the Act) which is APPROPRIATE to be "computerised" is DATA MATERIAL HELD IN ANY ELECTRONIC FORM such as emails.
#3) Citizens cannot "demand" that inappropriate records be converted to "data material held in electronic form". Section 7(9) does not empower a citizen to seek "creation" of information. Col Kurup is correct, if information is "held" in electronic form it can be sought / requested in that form. The key word of 7(9) which you have suppressed is "ordinarily".
#4) Where the fallacy of rti activists lies is that they interpret "computerisation" only to mean scanning documents into images in bulk so that it can be provided on a CD at Rs.50 to save them money. Admit it!! This is not at all sufficient for purposes of the RTI Act, section 4(1)(a) also requires that such scanned documents be maintained, indexed and catalogued to facilitate right to information. This involves OCR, text conversion, comparison of generated text with the original etc. A very expensive and laborious job which definitely requires vast resources, time and diversion of resources.
Sarbajit
--- In rti_india@yahoogroups.com, Sunil Ahya <sunilahya@...> wrote:
>
> Dear Col Kurup,
>
> Availability of Resources is different from Providing the Resources.
>
> Computerization of records does require some resources, but in today's day
> and age, those resources may be just a fraction of most PA's net worth.
>
> If the resources required for computerization are already available in
> abundance ( applicable PA's) why should they wait for the Government to
> provide them with the same under a special head.
>
> As far as resources are concerned, the obligation of a PA commences subject
> to availability of existing resources and not till the Government
> specifically provides for the same.
>
> Section 7(9) obligates on a PA to provide the information in the FORM in
> which it is SOUGHT by an applicant (unless it disproportionately diverts the
> resources or would be detrimental to the safety of preservation of the
> record in question), irrespective of the form in which it is HELD by the PA.
>
> If the resources are available and the information is appropriate to be
> computerized, why not computerize the information forthwith (reasonable
> time) and facilitate the access to information rather than wait for
> additional specifically alloted resources from the Government for the same.
>
> Best Regards,
>
> Sunil.
>
>
> On Mon, Jun 28, 2010 at 6:52 AM, Col NR Kurup <colnrkurup@...> wrote:
>
> >
> >
> > The obligation of the PA to computerise all records under Section
> > 4(1)(a) is subject to availability of resources. Till such time the
> > government provide such resources to the PA the PA's obligation does
> > not commence. Therefore it is unjust asking the information in CD
> > till it is already held in CD in normal cource.The key word in this
> > contest is "HELD". Only if the information sought is held by the PA in
> > electronic form one can seek it in CD
> >
> > Col Kurup
> >
> >
>
>
>
> --
> It is not always the same thing to be a good man and a good citizen -
> Aristotle
>
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