ELEMENTS OF LAW

Title: A Project Report on using RTI at Gujarat Tourism Board

EL Batch Number: 5

Group Number: 7

Roll Number: Name:

AU1813025 Akshat Sachin Shah

AU1813071 Jyoti Shashi Bhushan Sahay

AU1813056 Shah Priyati Samirbha

AU1813046 Diya Arpan Khara

AU1813020 Sakina Shabbirbhai Chikani

AU1813017 Devanshi Ramesh Jansari

AU1813045 Vishwesh Alpesh Chaudhary

AU1813014 Richa Patel

AU1813053 Mohammed Patel

AU1813069 Dhairya Vikas Shah

AU1813052 Shah Kreya

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 ACKNOWLEDGEMENT

We would like to express our sincere gratitude towards Prof. Nimit Thakkar, our faculty and our
mentor for the course “Elements of law”. We feel obliged to have you leading our path making
our path of thorns, a bed of roses. We would like to thank you for explaining even the toughest
concepts in the easiest manner. He always be ready to help students to solve their problems.

We would also like to thank Miss Bhavya Mehta, Teaching Assistant for the course “Elements of
Law”, who is our another mentor for the law course. She had always been available on the go for
students to approach her with any of their problems. She has always been the helping hand for
students to clear all doubts.

Apart from them, we are really grateful for having such wonderful batch mates with whom we
grow each and every second. They are the ones who push us beyond our comfort zones to bring
out the best of us.

Group 7,

Section 5,

Elements of Law (MGT136)

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Introduction of RTI (Right To Information)

Right to Information Act was enacted on 15th June 2005 and came into force on 12 th October
2005, by Department of Personnel and Training, Ministry of Personnel, Public Grievances and
Pensions. This act empowers citizens of India to ask and seek for government information
through RTI Portal Gateway which provides platform to the citizens to quickly search for
information, even other than the already accessible RTI related information/ disclosures
published on web by various Public Authorities under the state government and the central
government.

RTI makes our democracy a ‘for the people democracy’ in a real sense as it provides power to
the citizens of the country to access information of the public authorities running for them. This
makes the government system more transparent, accountable and subsequently more responsible
towards people.

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As per the provisions of the Right to information Act, any citizen of India is given a right to ask
for information from any public authority i.e. body of government or instrumentality of state,
which needs to be replied by the authority in expeditious period or within 30 days from the date
of the RTI file.

In the first ten years of the commencement of the act over 17,500,000 RTI applications have
already been filed and everyday over 4800 RTI are filed.

The whole of India is covered under this act expect in Jammu and Kashmir, where J&K Right to
Information Act is in force. The act is applicable to all the constitutional authorities i.e.
legislative, jurisdiction and executive. This right can be exercised for any government bodies or
authorities established under constitution including government owned, controlled and financed
bodies.

In India, two major bodies undertake the Right to Information Act:

1. Central Information Commission (CIC) – all the central departments and ministries have
their own Public Information Officer (PIO); CIC is headed by Chief Information
Commissioners who is directly under the President
2. State Information Commissions: It is headed by the State Public Information Officer
(SPIO) who has all the state departments and ministries under it. SPIO works directly
under the State Governor.
However, the Official Secrets Act 1923 restricts the sensitive information disclosure.

Landmark cases / Interesting cases regarding RTI

Reserve Bank of India VS Jayantilal

The Supreme Court declared that the issue of whether the Reserve Bank of India is bound to
disclose information sought under the Right to Information Act, 2005 was recently examined by
the Honorable Supreme Court. The Central Information Commissioner (CIC) ordered the RBI to
provide information of other banks under RTI for public interest. RBI denied the disclosure of
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information of other banks such as unpaid loan, fines imposed by RBI on other banks etc. the
denial was made on basis of economic interest and fiduciary relationship with other banks. RBI
further added saying that RTI cannot override the provisions under Banking Regulation Act 1949
and RBI act 1934.

Court’s Decision: - Apex Court rejected RBI’s contention and CIC’s order was upheld. It was
observed that RBI is not under fiduciary relation with other banks. Its duty is to uphold the
interest of public, depositors and economy as whole and not individual bank’s interest. Hence
RBI with provision of RTI bound to disclose information.

Vijay Kumar Mishra VS CBSE

CIC ordered the CBSE to disclose the copies of answer sheet and pay Rs. 25,000 for harassing
the parent and compelling him to sign illegal undertaking to give up rights. Information
Commissioner issued show cause notice to CPIOs (Central Public Information Officer) of CBSE.
Rejecting the grounds on which CBSE denied the guardian from exercising their legal duty to
secure the legal interest of their son. CIC declared the penalty saying that “if a student wants to
legally reconsider right to re-evaluation than it should not be denied his right to information. By
restricting their right CBSE is also restricting RTI. The condition that student should sign off his
rights by an undertaking is an serious obstruction to right to information of minor boy and his
guardian”

Information about Public Authority with which application is being filed

Gujarat is the sixth biggest state in India, situated in the western piece of India with a coastline of
1600 km (longest in India). It is a one of the most important state in India and was visited by 20
million tourists and domestic and international visitors in 2010-11. [1] Gujarat offers picturesque
magnificence from Great Rann of Kutch to the slopes of Saputara. Gujarat is the one and only
place to see Asiatic lions in the world.[2]

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Amitabh Bachchan is right now the brand representative of Gujarat Tourism. The 'Khushboo
Gujarat Ki' is a campaign by Gujarat tourism.Amitabh Bachchan has expanded the travel
industry in Gujarat by 14 percent for every annum, twice that of national development rate.

Tourists visited Gujarat in past years:

The absolute stream of tourists in the year 2006 – 07 was 12.34 million and recorded a
development of 15%. Over the earlier year. Development of 18.5% was seen in the tourists from
remote areas in the year 2006-07. With a number of more than 2 Lacs outside visitors in 2006-
07 and around 1.75 Lacs in 2005-06.

Heritage Tourism:

• Gujarat is wealthy in archeological sites including World Heritage site of Champaner,

Indus Civilization destinations like Lothal and Dholavera, Ancient Buddhist locales, and
etc.
• Ahmadabad's Heritage walk is the main every day Walking Tour in India.
• Gujarat's Princely heritage has brought about the State having in excess of 20 Heritage
Hotels including changed over Forts and Palaces
Spiritual tourism:
• Gujarat has critical Religious Spots which draw in Tourism. A large portion of the
Hindus visit these spots at any rate once in their lifetime. NRIs and Foreign Tourist visit
these spots for it's one of a kind Religious convictions.
• Jyotirlingas at Somnath Temple and Dwarkadhish Temple are the important site seeing of
spiritual tourism.
• Two of the five critical Jain destinations in India are at Palitana and Girnar.
Notwithstanding these, there is a standard stream of Jain pioneers to Sankeshwar,
Taranga, Kumbhariyaji, Badhreshwar Mandvi, Mahudi and so on.
• Also Gujarat tourism consists of hill stations like Saputara which is situated in dang
district near Surat and it is second highest plateau of Sahyadri range and it is at the
altitude of 1000m. Udwada in Valsad district is the major tourist destination which is an
international centre for peace and harmony in Gujarat. Forts like

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 ➢ Lakota fort-Jamnagar
➢ Pavagadh fort-Baroda
➢ Dhoraji fort-Rajkot
➢ Zinzuwada Fort –Rann of Kutch
➢ Bhujia Hill Fort - Bhuj
The famous among them is the Bhadra fort in Ahmedabad which stands for a symbol of
historical significance and it is since the time of mediaeval era which was built by Sultan
Ahmed Shah and the fort is named Bhadra after Hindu goddess name Kali. Museum in
Gujarat speak out the rich cultural and historical heritage of the state and it has been
ranked second in India.museum is the place where the variety of culture and traditions
can be portrayed and displayed to the tourist. Some famous museums are calico textile
museum, Sardar Patel museum, Kite museum, Vadodara museum, the Ethnology
museum, Kutchh museum.

Nature tourism:

Gujarat is the dream of an adventurer who loves nature and wild life. Gujarat have changed
Landforms with the dry deciduous forests, glorious meadows, marine biological systems,
wetlands and rich moist deciduous forests .These territory are home to rare wild life. The Land of
the Legends is emblematically known for its wild
life symbol of Lions that are found in the Gir and happen to be a noteworthy fascination for
travelers in Gujarat.

• Gujarat has 4 national parks and 21 Sanctuaries.

• Asiatic Lions are found in Gir forests, Wild Ass in the Rann of Kutchh, Indian bustards in bird
sanctuaries,four horned Antelope and Black Buck are among numerous wild animals found in
Gujarat.
• The Whale Shark breed on the banks of Gujarat
• Okha is where dugong is found

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• Gulf of Kutchh is India's first Marine National Park

Business tourism:

Gujarat offers a model for financial advancement and improvement for the developing countries.
Gujarat features a rich way of life of relaxation, joy, business and sports. Gujarat inhabitants
appreciate just not an exclusive requirement of living but rather a decent personal satisfaction
known as the Manchester of the East and Denim City. Gujarat's six percent of all out Industrial
Production originates from material industry. It is the biggest maker (35%) and exporter (60%)
of cotton and is the third largest denim maker on the planet. It offers India's 12% material fares.
More than 60 Industrialists-Investors meet at Vibrant Gujarat, turns Gujarat as Investors'
Paradise.

Cultural Tourism

Gujarat's way of life frames an essential piece of Indian culture. Surely understood for its rich
Culture and Heritage.
• The old stories and society crafts of Gujarat structure a noteworthy piece of the Culture of
Gujarat. It saves the rich custom of tune and dramatization also
• Gujarat is the place where we found many forms of rich handiworks like Patola, khadi,
bandhani, square printing and a lot more crafted works.
• Gujarat praises every single local reasonable and celebrations with incredible intensity and
spirits.
Introduction to Issue for which Information is sought
Q1. How many complaints have been received for violation of eco zone? And what actions have
been taken against the violators?

Under Gujarat tourism there are 17 eco zone places or camps. The main reason of why we took
this question is because we wanted to know if the Gujarat tourism is functioning towards the
protection of those eco zones, and if yes then what actions are taken against the violation.

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Q2.In last 5 years how many funds were allotted by government for development of tourism
infrastructure at Kutch ranotsavam, gir sanctuary, dwarka, somnath , ambaji, and pavagadh?

Kutch ranotsavam, gir sanctuary, dwarka, somnath, ambaji, and pavagadh are the some famous
tourist places, these places are the main attraction for the tourist...so the reason why we took this
question is because we wanted to know if government is helping for the development and the
maintenance of these places.

Q3. How many areas and buildings are declared as heritage places? What action you have taken
to protect those heritage buildings?

It’s been noticed that the old building are declared as heritage places so the main reason was, is
Gujarat tourism taking them into consideration and protecting them.

4. No. of tourist/visitors in last 5 years?

The main reason we asked this question is because there is lot of advertising of Gujarat Tourism
going on and we wanted to know whether this is helping in increasing the tourists in last 5 years.

5. Any corruption charges on tourism board as well as on officers under Gujarat tourism board
till date?

As corruption is increasing these days we wanted to know whether Gujarat Tourism has made
any charges against corruption till date or not.

6. Please provide us the annual report of Gujarat Tourism board for the years 2014, 2015, 2016,
2017, 2018?

The reason behind asking this question is, we wanted to know if the profits and revenue has
increased during these years. (2014-2018)

Analysis of Reply received

Information we asked through RTI (Right to information act, 2005) were in questionnaire form
which our group members have framed all questions. The questions what we asked through RTI
are:-

Q1. How many complaints have been received for violation of eco zone? And what actions have
been taken against the violators?

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Q2.In last 5 years how many funds were allotted by government for development of tourism
infrastructure at Kutch ranotsavam gir sanctuary, dwarka, somnath, ambaji, and pavagadh?

Q3. How many areas and buildings are declared as heritage places? What action you have taken
to protect those heritage buildings?

Q4. No of tourist/visitors in last 5 years?

Q5.Any Corruption charges on tourism board as well as on officers working under Gujarat
tourism board till date?

Q6 please provide us the annual report of Gujarat tourism board for the years 2014,
2015,2016,2017,2018?

Now what we get response through RTI were as follows:-

In question 1 mentioned above we want information regarding eco zone and actions taken
against the complain. They have clearly mentioned that such information are not available in
there department and they don’t have any information to the question.

Other than they responded our question number 3 mentioned above. They clearly stated that
there are 2236 residential buildings and 449 institutional buildings within historic city of
Ahmadabad have been notified under heritage category. In addition to that there are 54 ASI
protected monuments in the city of Ahmadabad. Even they and AMC has taken up several
actions to conserve and preserve the heritage by creating awareness, detailed documentation of
listed buildings and actual restoration of heritage sites which are now under custody of AMC.

From above questions in RTI we have received clear response in question 3 and other questions
are not followed up and not responded by them.

According to our group research the data and answer we have collected through online resources
about tourist walk in in India about last 5 years are:-

YEAR Tourist visit ( in millions)

2013 5.9
2014 10.2
2015 4.5
2016 9.7
2017 14.0

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 Tourist visit ( in millions)
16
14
12
10
8
Tourist visit ( in millions)
6
4
2
0
2013 2014 2015 2016 2017

We also asked for funds allocated by government for tourism and they have not responded to
that. So we have collected the data from online resource. The funds and amount were sanctioned
in year 2014-15 by ministry of tourism is given below:-

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l. No. Name of the State No. of Amt. Amt.
Projects Sanctioned Released

1. Andhra Pradesh 31 25075.23 6425.83

2. Arunachal Pradesh 35 22571.49 5888.89
3. Assam 3 3568.11 255.12
4. Bihar 21 19738.83 5110.28
5. Chhattisgarh 3 990.13 238.02
6. Daman & Diu 1 775.54 155.11
7. Delhi 4 8230.89 1939.60
8. Goa 3 929.04 225.81
9. Gujarat 1 486.75 389.40
10. Haryana 11 1608.91 464.11
11 Himachal Pradesh 12 6401.40 2438.89
12 Jammu and Kashmir 42 19611.04 6136.28
13 Jharkhand 3 5385.71 2242.35
14 Kerala 15 11294.16 3316.66
15 Karnataka 10 8353.50 1790.53
16 Maharashtra 11 14709.97 3450.09
17 Manipur 24 32530.51 5010.50
18 Meghalaya 16 64.84 64.84
19 Mizoram 16 9690.00 1364.85
20 Madhya Pradesh 35 34720.58 12365.69
21 Nagaland 32 15758.87 4301.76
22. Odisha 17 13092.72 2591.23
23. Puducherry 1 4945.54 979.74
24. Punjab 6 5915.84 1242.25
25. Rajasthan 12 5324.64 1184.78
26. Sikkim 35 22749.18 5140.85
27. Tamil Nadu 2 2041.97 1116.17
28. Telangana 16 8158.01 4259.78
29. Uttar Pradesh 44 22354.52 5127.71
30. Uttarakhand 31 23070.14 7251.08
31. West Bengal 3 4694.46 2360.23
Total 496 354842.52 94828.43

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Experience of dealing with Public Authorities

When the time arrived for submitting the RTI, we were totally unaware about how to submit RTI
and where to go. And as it was the work of government, it needed to be done on a fix time
schedule, so we had to work according to the timings of the government offices. In Ahmedabad,
first visit was at Civic center that is situated in the law garden area. The response was great by
the government officers, but they provided us RTI form without even checking if they are bound
to the questions or not. And then after getting the purpose of filing the RTI, Civic center
informed us to visit the Gujarat tourism information center (HK house) that is situated on
Ashram road in Ahmedabad. When we visited them, they first went through our questions and at
last they also told us that these questions don’t come in their area of work and advised us to visit
Gandhinagar. In Gandhinagar, first visit was to Gujarat tourism board that is in Udyog bhavan,
sector 11 and there we interacted with Mr. HariBhai Bharwad who told us that they are not liable
to answer all the questions of our RTI and helped us finding from where we can file RTI for
other questions. Our second visit was in Aranya Bhavan, sector 10 for the question related to eco
sensitive zone. There we visited forest department for filing RTI and interacted with MR.
Nayakbhai Desai. And at last we visited the Sachivalay Bhavan which is also in sector 10 to
submit our last RTI for one question about roads and development. The last one was the most
time consuming because the officers were just making us run from one block to another block.
We also visited the local court in Gandhinagar for getting the stamps that were supposed to be
attached with the RTI. Overall the experience was great visiting another city and filing RTIs, but
it needed huge efforts and time for completing the whole task. Out of the Gujarat tourism board,
we had to submit two questions that falls in different departments of the government and that
took most of our time. The departments should be clearer about what they are bound to and then
should provide information on point. This can make it less time consuming.

Comment and Suggestion for RTI

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Comment-: For filing the RTI, we actually went out of our comfort zone and visited various
departments of the government that are situated in another city. Such projects of filing the RTI
made us aware about the real life struggle and made us aware about the power that common
people have. Visiting the bhavans of which we hardly knew the name were visited by us. This
was a crucial task that we performed in the growing age. But as per our own experience this
departments don’t give response much properly, talked rudely with us, they just sent us from one
department to other for small formalities. In the Sachivalay bhavan, they made us visit the court
at the time of closing for bring the stamps which were not compulsory if the receipt was attached
by them with the RTI. They approved the RTIs but they didn’t provide the answers to our
questions, they just gave excuses like, your RTI is carrying very crucial questions so we have
provide it to other department, some gave s reply like, the data for this question is not available
in our department.

Suggestion-: RTI have both hand positive and negative side.

Government can promote the online filing of RTI. In today’s world all people don’t have such
free time to visit every department and file the RTI accordingly and also everyone uses
smartphones. RTIs can be filed online but major problem is the fee that is taken to file one RTI
online. It takes about 300RS to file one RTI which is too much for a middle class people just to
get any information. This can bring a great change in the opinion of a person about the
government.

Secondly, officers should take their work seriously. A person who is working in government
thinks that no one is going to remove him from his job so he can do his work without any
dedication and perfection. It is not like that. They are bound to answer our questions and that is
their job. We filed three RTIs and out of that we got very unexpected answers like, the officer
got the transfer so the answer is not given or the question that is asked has sensitive information
to be provided so we cannot provide that information. There is a law that no sensitive
information can be provided in any RTI but when we submitted the RTI, they should let us know

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that our questions ask about some sensitive information so that we can change the questions.
Officers receiving RTI are educated enough to understand the question asked, so they can help us
with our question because not everyone knows all the laws.

References:

1. Official Government RTI website, https://rti.gov.in/

2. The Official Gujarat Tourism website, http://tourism.gov.in/market-research-and-statistics
3. Press Information Bureau, official Government website
http://pib.nic.in/newsite/PrintRelease.aspx?relid=137205
4. India Tourism Development Corporation Limited, official Ministry of Tourism,
Government of India website,
http://www.tourism.gov.in/sites/default/files/annualreports/MoT%20Annual%20Report%2020
16-17_English.pdf

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