Central Information Commission
Mrs Zahir Hussin vs Ministry Of Health & Family Welfare on 10 May, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi110066
F. No.CIC/YA/A/2015/001139
CIC/YA/C/2015/900186
CIC/YA/C/2015/000215
CIC/YA/C/2015/900205
CIC/YA/C/2015/000255
CIC/YA/C/2015/900227
CIC/YA/C/2016/000055
Date of Hearing 10.05.2016
Date of Decision : 10.05.2016
Appellant/Complainant : Shri S.Zahir Hussain
Coimbatore
Respondent : Ministry of Health & Family Welfare
Through: Shri R.S.Negi Information Commissioner : Shri Yashovardhan Azad Since both the parties are same in the above mentioned appeal/complaints, these are clubbed together for hearing and disposal to avoid multiplicity of the proceedings.
CIC/YA/A/2015/001139 CIC/YA/C/2015/900186 CIC/YA/C/2015/000225 Vide RTI above applications dated 06/01/2016 the appellant sought to know the following information:
1. Whether the visit of MOHFW officials to the prospective tobacco testing labs finished till date or not?
2. The main features pointed out at the report of above officials particularly building infrastructure.
Having not received any response from the CPIO, the appellant filed an appeal
02.03.2015. The FAA did not hear the case.
The respondent states that RTI application dated 06.01.2015 was received directly in the Tobacco Control Division of Ministry on 12.01.2015 along with the postal order and the same was sent to RTI Cell on 19.01.2015 for depositing in the Govt. account. Since the said RTI application was not received back by the Tobacco Control Division, the reply could not be furnished to the appellant. The RTI appeal dated 02.03.2015 also not received in Tobacco Control Division. He further states that Directorate General of Health Services under Ministry of Health & Welfare is the nodal agency for setting up of Tobacco Testing Laboratories and this is still under process. A letter to this effect has already been sent to the appellant for his information.
CIC/YA/C/2015/900205 The complainant vide RTI application dated 02.01.2015 sought a copy of record which contains the proposal for amendments to COPTA, 2003. Not having received any response from public authority, the complainant filed an appeal on 27.02.2015. The FAA did not hear the case. The respondent states that RTI application dated 02.01.2015 was received directly in the Tobacco Control Division of Ministry on 12.01.2015 along with the postal order and the same was sent to RTI Cell on 19.01.2015 for depositing in the Govt. account. Since the said RTI application did not come back to Tobacco Control Division, the reply could not be furnished to the appellant. The RTI appeal dated 27.022015 was also not received in Tobacco Control Division. A copy of draft amendment bill, 2014 containing the proposed amendments to COPTA, 2003 has already been sent to the complainant on 03.05.2016 . He further states that this draft Amendment Bill, 2014 has been put in the public domain for seeking public opinion.
CIC/YA/C/2015/000255 CIC/YA/C/2015/900227 The complainant vide RTI application dated 03.12.2014 sought a copy of record which contains the approval by competent authority for the National Tobacco Control programme under 12th Five Year Plan. CPIO vide letter dated 21.04.2014 provided a copy of the said report to the appellant.
The respondent states that two similar complaints have been filed in this regard for seeking a copy of record containing approval by competent authority for National Tobacco control Programme under 12th Five Year Plan which have already been provided to the appellant, albeit with delay on 21.04.2015. He further states that they have not received first appeal in the Ministry.
CIC/YA/C/2016/000055 Vide RTI application dated 16.09.2015 the complainant sought information with regard to Section 11 of COPTA, 2003 and Tobacco Testing Laboratories.
In this regard the respondent states that this RTI application could not be attended to earlier inadvertently. He further states that Section 11 of COTPA i.e. Cigarettes and other Tobacco Products Act, 2003: states that "for purposes of testing the Nicotine and Tar contents in cigarettes and any other tobacco product, the Central Government shall by notification in the official gazette grant recognition to such Testing Laboratory as that Government may deem necessary. He also states that Directorate General of Health Services in the Ministry of Health and Family Welfare is the nodal agency for setting up of these Tobacco Testing Laboratories and the matter is still under process. These Tobacco Testing Laboratories are not yet made operational and hence the Ministry is not in a position to implement Section 11 of COTPA, 2003.
The respondent also states that the complainant is an habitual RTI seeker and has filed a number of RTI applications on the same issue.
Decision:
After hearing parties and perusal of record, the Commission the finds that information with regard to the above mentioned appeal/complaints have already been provided albeit with delay. The respondents have rendered unconditional apology with regard to the delay. The Commission cautions the CPIOs concerned to be careful in future while dealing with RTI applications. No further action is called for.
The appeal/complaints are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to: