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MHRD IPR Chair Series: Information Received from JNU
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu
<b>This post provides a factual description about the operation of Ministry of Human Resource Development IPR Chair’s Intellectual Property Education, Research and Public Outreach (IPERPO) scheme in the Jawaharlal Nehru University, Delhi.</b>
<p>The author has analysed all the data received through which, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014.</p>
<p style="text-align: justify; ">To collect the information for the given study, an RTI application was filed to the Jawaharlal Nehru University, Delhi on 18/12/2014 by the Centre for Internet and Society. The reply to RTI application was received on 24/02/2015. Subsequently, a second RTI application was filed by the Centre for Internet and Society on 09/02/2015. The University replied to the same on 26/03/2015.</p>
<p>These are the documents received by CIS from JNU:</p>
<ul>
<li>For the response to the first RTI application <a href="https://cis-india.org/a2k/blogs/JNU%20-%20Receipt%20of%20RTI-%20request%20for%20payment%20-%2026.3.15.pdf" class="external-link">click here</a></li>
<li>For the response to the second RTI application <a href="https://cis-india.org/a2k/blogs/JNU%20-%20Replies%20to%20RTI%20-%2024.2.15.pdf" class="external-link">click here</a></li>
<li>For the report submitted by the University <a href="https://cis-india.org/a2k/blogs/JNU%20-%20Reply%20and%20report%20-%2010.3.15.pdf" class="external-link">click here</a></li>
</ul>
<p style="text-align: justify; ">Hereinafter, in order to receive any information about Jawaharlal University’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.</p>
<ul>
<li style="text-align: justify; ">Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at JNU.<br />Reply: The University submitted that there has been a release of Rs. 10,00,000 as a sanctioned amount by the MHRD under the IPERPO scheme. However, the same has not been utilized in any manner to further the objectives of the scheme. The reason is that the University believes this amount to be inadequate and has requested additional funds from the MHRD.</li>
</ul>
<ul>
<li>Documents on the release of grants to the MHRD IPR Chairs under the IPERPO scheme at JNU for the year 2013-14. <br />Reply: The University clubbed the answer to this with the aforementioned query.</li>
<li style="text-align: justify; ">Documents relating to receipts of utilization certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO Scheme for the year 2013-14 at JNU. <br />Reply: The University has not provided any such documents in relation to the grant received.</li>
</ul>
<ul>
<li>Documents regarding all matters related to finance and budget related to the MHRD IPR Chair under the IPERPO scheme 2013-14 established at JNU. <br />Reply: The University did not submit any documents in this regard and replied that this information may be sought from the concerned Centre/School.</li>
</ul>
<p style="text-align: justify; "><strong>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document</strong><strong><br /> </strong>The Scheme Document of MHRD (http://copyright.gov.in/Documents/scheme.pdf) is a comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or <strong>Comptroller and Auditor General of India.</strong></p>
<p>A. Objectives <br /> The University has submitted that there have been no activities undertaken to further the objectives of the IPERPO scheme.</p>
<p>B. Eligibility <br /> Jawaharlal Nehru University, Delhi is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p><strong>Financial Analysis<br /></strong>The University has not provided any documents on this subject.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu</a>
</p>
No publishernehaaIntellectual Property RightsRTIRTI ApplicationAccess to Knowledge2016-05-15T03:43:30ZBlog EntryRTI regarding Smart Cities Mission in India
https://cis-india.org/internet-governance/blog/rti-on-smart-cities-mission-in-india
<b>Centre for Internet & Society (CIS) had filed an RTI on 3 February 2016 before the Ministry of Urban Development (MoUD) regarding the Smart Cities Mission in India. The RTI sought information regarding the role of various foreign governments, private industry, multilateral bodies that will provide technical and financial assistance for this project and information on Government agreements regarding PPP’s for financing the project.</b>
<p style="text-align: justify; ">A response to the RTI <a href="https://cis-india.org/internet-governance/blog/rti-smart-cities-mission-in-india.pdf" class="internal-link">is here</a>.</p>
<hr style="text-align: justify; " />
<ol style="text-align: justify; ">
<li> The various government, private industry and civil society actors involved in the Smart Cities Mission.</li>
<li>The various agreements the Government has undertaken through PPP’s for financing the mission.</li>
<li>Role of private companies in this project.</li>
<li>The process for selecting the cities for this mission and ministry responsible for this task.</li>
<li>The various international organisations, foreign governments and multilateral bodies that will provide technical and financial assistance for this project.</li>
</ol>
<p style="text-align: justify; ">The MoUD sent its reply to the RTI application and the response is as follows:</p>
<ul style="text-align: justify; ">
<li>With reference to the first query, the answer provided was that the mission statement and guidelines are available on the Missions website - smartcities.gov.in. This mission statement essentially envisages the role of citizens/citizen groups such as Resident Welfare Associations, Taxpayers Associations, Senior Citizens and Slum Dwellers Associations etc, apart from the government of India, States, Union Territories and Urban local bodies.</li>
<li>Regarding information about agreements for the purpose of financing the project, it has been provided in the response that the Ministry would facilitate the execution of MoU’s between Foreign Agencies and States/UT’s for assistance under this mission. The two agreements that have been executed include the MoU between the United States Trade and Development Agency (USTDA) and the French Agency for Development (AFD) for the States/UT’s of Andhra Pradesh, Uttar Pradesh, Rajasthan, Maharashtra, Chandigarh and Puducherry. They have also provided us with copies of the same and they have been summarised below. They also go on to state that various countries like Spain, Canada, Germany, China, Singapore, UK and South Korea have also shown interest in collaborating with the Ministry for the development of Smart Cities.</li>
<li>CIS sought the documents relating to role of private actors in this field. This information could not be provided by the Department since it was not available with them. Further, an application has been sent to the SC-III Division for providing the information directly to us.</li>
<li>As regards the fourth query, the information provided states that the role of the government, States/UT’s and Urban Local Bodies has been envisaged in para 13 of the Smart Cities Mission Statement - smartcities.gov.in</li>
<li>With respect to the query regarding the foreign actors involved, the information provided states that the documents relating to the involvement of the same are scattered in different files. Compilation of such information would divert the limited resources of the Public Authority disproportionately. Another application must be filed if any specific information is required.</li>
</ul>
<p style="text-align: justify; ">Copies of several MoUs signed between Foreign Development Agencies and States (for the respective cities) that were shared with us are:</p>
<ul style="text-align: justify; ">
<li>Memorandum of Understanding between the United States Trade and Development Agency(USTDA) and the Government of Andhra Pradesh of the Republic of India on Cooperation to support the development of Smart Cities in Andhra Pradesh-namely Visakhapatnam.</li>
<li>Memorandum of Understanding between the United States Trade and Development Agency (USTDA) and the Government of Rajasthan of the Republic of India on Cooperation to support the development of Smart Cities in Rajasthan- namely Ajmer.</li>
<li>Memorandum of Understanding between the United States Trade and Development Agency (USTDA) and the Government of Uttar Pradesh of the Republic of India on Cooperation to support the development of Smart Cities in Uttar Pradesh- namely Allahabad.</li>
<li>Memorandum of Understanding between the Agence Francaise De Developpement and the Government of the Union Territory of Chandigarh of the Republic of India on Technical Cooperation in the field of Sustainable Urban Development. </li>
<li>Memorandum of Understanding between the Agence Francaise De Developpement and the Government of Maharashtra on Technical Cooperation in the field of Sustainable Urban Development.</li>
<li>Memorandum of Understanding between the Agence Francaise De Developpement and the Government of the Union Territory of Puducherry of the Republic of India on Technical Cooperation in the field of Sustainable Urban Development.</li>
</ul>
<p style="text-align: justify; ">Key clauses under the MoU between the United States Trade and Development Agency (USTDA) and the governments of Andhra Pradesh, Rajasthan and Uttar Pradesh are:</p>
<ul style="text-align: justify; ">
<li>The MoU undertaken by the USTDA for the development of Visakhapatnam, Allahabad and Ajmer clearly establishes that the document only cements the intention of the body to assist in the development of these cities and funding must be addressed separately.</li>
<li>The USTDA intends to contribute specific funding for feasibility studies, study tours, workshops/training, and any other projects mutually determined, in furtherance of this interest. The USTDA will also fund advisory services for the same. </li>
<li>The USTDA will seek to bring in other US government agencies such as the Department of Commerce, the US Export Import Bank and other trade and economic agencies to encourage US-India infrastructure development cooperation and support the development of smart cities in Vishakhapatnam, Allahabad and Ajmer.</li>
<li>One of the key points the USTDA stresses on is the creation of a Smart Solutions for Smart Cities Reverse Trade Mission, where Indian delegates will get a chance to showcase their methodologies and inventions in the United States. </li>
<li>The MoU also talks about involving industry organisations in the development of Smart Cities, to address important aviation and energy related infrastructure connected to developing smart cities.</li>
<li>The respective State Governments of the cities will provide resources for the development of these smart cities, including technical information and data related to smart cities planning; staff, logistical and travel support, and state budgetary resources will be allocated accordingly.</li>
</ul>
<p style="text-align: justify; ">Key clauses under the MoU between the Agency Francaise De Developpement (AFD) and the governments of Maharashtra, Chandigarh and Puducherry are:</p>
<ul style="text-align: justify; ">
<li>The MoU with AFD is along the same lines but with more detail provided in the field of research in sustainable urban development. It comprises of four articles dealing with implementation, research, resource allocation and cooperation. </li>
<li>The AFD clearly states that it will adopt an active role in managing and implementing the project.</li>
<li>The AFD will equip the respective state governments with a technical cooperation programme which will include a pool of French experts from the public sector, complemented by experts from the private sector. </li>
<li>The MoU goes on to state the various vectors of sustainable urban development that will be the focal point of this project – urban transport, water and waste management, integrated development and urban planning, architecture and heritage, renewable energy, energy efficiency etc. </li>
<li>Apart from strategizing, the AFD looks to provide technical support as well. This technical expertise would be used to strengthen strategy and management of urban services in the city. </li>
<li>They would also play a key role in management through the creation of a Special Purpose Vehicle(SPV) to build strategic management (Human Resources, finance, potential market assessment) and capacity building for financial management.</li>
<li>As per Article II of the MoU, this support framework will be accompanied by annual reviews, a policy similar to the USTDA Smart Solutions for Smart Cities Reverse Mission with Indian and French counterparts, collaboration between academic and research institutions for the exchange of information, documentation and results of research in the field of smart cities (a key policy to establish firm research groundwork and increase cooperation and innovation), capacity building research and development. </li>
<li>Article III of the MoU deals with resource allocation wherein the respective State Governments will assist AFD by providing technical information and data related to smart cities planning, and also meet their logistical requirements.<br /><br /></li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/rti-on-smart-cities-mission-in-india'>https://cis-india.org/internet-governance/blog/rti-on-smart-cities-mission-in-india</a>
</p>
No publisherPaul ThottanSmart CitiesRTI ApplicationRTIInternet Governance2016-04-21T02:25:28ZBlog Entry Right to Information (RTI) Requests to BSNL and MTNL Regarding Security Equipment
https://cis-india.org/internet-governance/blog/rti-requests-to-bsnl-mtnl-regarding-security-equipment
<b>As part of research, on July 2, 2013, the Centre for Internet and Society (CIS) had sent Right to Information (RTI) requests to two of the largest internet service providers (ISPs) in India: Mahanagar Telephone Nigam Limited (MTNL) and Bharat Sanchar Nigam Limited (BSNL) requesting answers to some questions.</b>
<p style="text-align: justify; "><b> </b></p>
<p style="text-align: justify; ">Answers to the following questions were requested:</p>
<ol style="text-align: justify; ">
<li>Please list the companies from which MTNL/BSNL has bought all its security equipment.</li>
<li>What type of security equipment does MTNL/BSNL use to assist Indian law enforcement agencies in detecting and preventing crime, terrorism and all other illegal activity? Please provide the certification for all such equipment.</li>
<li>What malware does MTNL/BSNL test for? What does MTNL/BSNL use for testing malware in its networks?</li>
<li>Which proxy server does MTNL/BSNL use and is it used for filtering data? If so, what type of data is being filtered and for what purpose? Is authorisation required and if so, by whom?</li>
<li>Does MTNL/BSNL use FinFly ISP? If so, who authorises its use and under what conditions?</li>
</ol>
<p style="text-align: justify; ">M. K. Sheda, the appellate authority of MTNL, responded to the above questions on August 3, 2013 with the following answers:</p>
<ol style="text-align: justify; ">
<li>MTNL procures all its equipment through an open competitive bidding process and the details of all past tenders are available on the MTNL website. Equipment from multiple vendors are operational in GSM MTNL Packet-Core Network and specific names cannot be given due to security reasons.</li>
<li>MTNL uses the security equipment by the Department of Telecommunications, Government of India, to assist Indian law enforcement agencies. The details cannot be disclosed as the information is classified as "secret" as per MTNL IT Policy Revision 2.0 and also comes under Section -8 (1) (a) and (d) of the RTI Act 2005.</li>
<li>MTNL GSM Packet Core equipment for data access uses MTNL ISP as its interface with external entities. Thus information is pertaining to MTNL ISP and hence a reply may please be taken from the GM (Broadband) unit.</li>
<li>Same answer as "3" above.</li>
<li>Same answer as "3" above.</li>
</ol>
<p style="text-align: justify; ">BSNL has still not responded to the above questions.</p>
<hr />
<p>Click below to download the respective files:</p>
<ol>
<li><a href="https://cis-india.org/internet-governance/blog/bsnl-rti-application-2013.pdf" class="external-link">RTI Application to BSNL</a></li>
<li><a href="https://cis-india.org/internet-governance/blog/reply-from-mtnl-to-rti-application.pdf" class="external-link">Reply from MTNL</a></li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/rti-requests-to-bsnl-mtnl-regarding-security-equipment'>https://cis-india.org/internet-governance/blog/rti-requests-to-bsnl-mtnl-regarding-security-equipment</a>
</p>
No publishermariaRTI ApplicationInternet Governance2015-02-25T15:04:56ZBlog EntryReply to RTI Applications filed with respect to Foreign Contractors and Vendors of IT and Telecommunication Enterprises
https://cis-india.org/internet-governance/blog/reply-to-rti-applications-with-respect-to-foreign-contractors-and-vendors-of-it-and-telecommunication-enterprises
<b>An RTI application was filed by the Sh. Matthew Thomas on August 06, 2014 enquiring about the details of the foreign contractors and vendors of certain Information Technology and Telecommunication enterprises. Mr. Mathews in his application asked some specific questions.</b>
<p style="text-align: justify; "><b> </b></p>
<p style="text-align: justify; "><b><span style="text-decoration: underline;">Information sought in the RTI Application </span></b></p>
<p style="text-align: justify; ">The specific questions asked are as follows:</p>
<p style="text-align: justify; ">1. Names, addresses in India and abroad of all their contractors and vendors who are foreign firms, even if they have registered offices in India.</p>
<p style="text-align: justify; ">2. Permission to inspect files pertaining to subject matter.</p>
<p style="text-align: justify; ">3. Details of the orders placed in each of the past 3 or more years on each of their contractors and details of the orders placed in each of the past 3 or more years on each of their contractors where the amount is for Rs. 50 crore or more.</p>
<p style="text-align: justify; "><span style="text-decoration: underline;"> </span></p>
<p style="text-align: justify; "><b><span style="text-decoration: underline;">Enterprises to which the RTI Application was addressed</span></b></p>
<p style="text-align: justify; ">The application was sent to the following enterprises:</p>
<p style="text-align: justify; ">1. Department of Electronics & Information Technology, Ministry of Communications and Information Technology, Government of India</p>
<p style="text-align: justify; ">2. Department of Telecommunications, Ministry of Communications and Information Technology, Government of India</p>
<p style="text-align: justify; ">3. Information Technology Branch, Department of Food, Supplies & Consumer Affairs, Government of NCT of Delhi</p>
<p style="text-align: justify; ">4. Centre for Development of Telematics (C-DOT) - an Indian Government owned telecommunications technology development centre which designs and develops digital exchanges and intelligent computer software applications.</p>
<p style="text-align: justify; ">5. Centre for Development of Advanced Computing (C-DAC) - a research and development organization under the Department of Electronics and Information Technology, Government of India.</p>
<p style="text-align: justify; ">6. Bharat Sanchar Nigam Ltd. (BSNL) - an Indian state-owned telecommunications company. It is India's oldest and largest communication service provider.</p>
<p style="text-align: justify; "><span style="text-decoration: underline;"> </span></p>
<p style="text-align: justify; "><b><span style="text-decoration: underline;">Reply to the RTI Application</span></b></p>
<p style="text-align: justify; ">The reply to the information sought in the RTI application by these enterprises is as follows:</p>
<p style="text-align: justify; "><b> 1. <span style="text-decoration: underline;">Department of Electronics & Information Technology, Ministry of Communications and Information Technology, Government of India</span> </b></p>
<p style="text-align: justify; ">The RTI application was addressed to the Deputy Director of the department who forwarded the application to the Joint Director directing him to provide the requisite information directly to the applicant or transfer the application to the concerned Central Public Information Officers (CPIOs) if the subject matter did not pertain to his division. In response, the Joint Director of the Department of Electronics & Information Technology said that the <b>information on the subject matter was NIL</b> as far as Engineering/BM section, Fire, Security and Protocol Sections of Department of Electronics and Information Technology is concerned.</p>
<p style="text-align: justify; "><b>2.</b> <b><span style="text-decoration: underline;">Department of Telecommunications, Ministry of Communications and Information Technology, Government of India</span></b></p>
<p style="text-align: justify; ">The RTI application was forwarded by the Deputy Secretary & Nodal Officer (RTI) of the Department of Telecommunications to the following divisions for <b> </b>providing the requisite information directly to the applicant or transferring the application to the concerned Central Public Information Officers (CPIOs) if the subject matter did not pertain to their division and their replies are as under:-</p>
<p style="text-align: justify; ">a.<b> </b> Investment Promotion Cell: The Director (IP Cell) & CPIO said that <b>no information was available</b> as the subject matter of the application did not pertain to IP Cell.</p>
<p style="text-align: justify; ">b. Access Services-I Division: Director (AS-I) & CPIO asked to <b>treat the information as NIL.</b></p>
<p style="text-align: justify; ">c.<b> </b> Licensing Finance - II Branch: Director (IF-II) & CPIO asked to <b>treat the information as NIL </b>as the matter did not pertain to that branch.</p>
<p style="text-align: justify; ">d.<b> </b> Licensing Finance - III Branch: Director (IF-III) & CPIO asked to <b>treat the information as NIL </b>as the matter did not pertain to that branch.</p>
<p style="text-align: justify; ">e.<b> </b> Deputy Wireless Adviser: CPIO & Deputy Wireless Adviser to the Govt of India of WPC Wing, SACFA Sectt. said that the <b>information sought was not available</b> with that PlO.</p>
<p style="text-align: justify; "><b>3.</b> <b><span style="text-decoration: underline;">Information Technology Branch, Department of Food, Supplies & Consumer Affairs, Government of NCT of Delhi</span></b></p>
<p style="text-align: justify; ">The Public Information Officer (HQ) of the Information Technology Branch of Department of Food, Supplies & Consumer Affairs forwarded the RTI application to Assistant Commissioner (Policy), Food and Supplies Department and Public Information Officer (HQ), Food and Supplies Department to provide the Para wise information directly to the applicant in accordance with section 5(4) of RTI Act as the record related to the information sought was said to be available with their office. Section 5(4) of RTI Act reads, <i> "The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties." </i> However, a <b>reply hasn't been received </b>from the Assistant Commissioner (Policy), Food and Supplies Department and Public Information Officer (HQ), Food and Supplies Department yet.</p>
<p style="text-align: justify; "><b>4.</b> <b><span style="text-decoration: underline;">The Centre for Development of Telematics</span></b></p>
<p style="text-align: justify; ">Referring the information sought in the <b>RTI application as vague</b>, the Centre for Development of Telematics asked the applicant to clearly define the information requirements and the period for which it required. The Centre claimed that the information sought at present would lead to handing over of a large amount of data which would require application of significant resources of public authority, since the number of the vendors and contractors could be more than seven hundred in numbers of different categories, namely, component vendors, equipment suppliers, administrative service contractors, etc. The reply was in consistency with section 7(9) of the Right to Information Act which reads, <i> "An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question." </i></p>
<p style="text-align: justify; "><b>5.</b> <span style="text-decoration: underline;"><b>Centre for Development of Advanced Computing</b></span></p>
<p style="text-align: justify; ">The Centre for Development of Advanced Computing disregarded the information sought by the applicant and observed that the<b>information sought</b> was vague in nature, not specific and open ended, therefore, <b>could not be termed as Information under the RTI Act </b>without providing any further explanation in this regard.</p>
<p style="text-align: justify; "><b>6.</b> <b><span style="text-decoration: underline;">Bharat Sanchar Nigam Ltd. (BSNL), Government of India Enterprise</span></b></p>
<p style="text-align: justify; ">The RTI application was referred to the MM cell of BSNL by the AdditionaI General Manager (MIS) & CPIO of BSNL (RTI Cell) who replied that <b>no information</b> with respect to the names, addresses in India and abroad of all their contractors and vendors who are foreign firms, even if they have registered offices in India <b>was available. As far as the third question regarding </b>details of the orders placed in each of the past 3 or more years on each of their contractors and details of the orders placed in each of the past 3 or more years on each of their contractors where the amount was for Rs. 50 crore or more was concerned, the AGM of MM cell said that the <b>information could be provided for specific contractor.</b></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/reply-to-rti-applications-with-respect-to-foreign-contractors-and-vendors-of-it-and-telecommunication-enterprises'>https://cis-india.org/internet-governance/blog/reply-to-rti-applications-with-respect-to-foreign-contractors-and-vendors-of-it-and-telecommunication-enterprises</a>
</p>
No publisherLovisha AggarwalRTI ApplicationInternet Governance2015-02-25T14:13:52ZBlog Entry