Electronics City Industrial Township Authority is a ‘public authority’, rules State Information Commission

The Karnataka State Information Commission has brought the Electronics City Industrial Township Authority (ELCITA) nether the purview of the Right to Information Act by declaring it arsenic a “public authority,” and has asked the authorization to furnish accusation wrong a timeframe successful future.

Stating that though ELCITA does not person an elected body, the committee has said that it has been acceptable up by the authorities and had each the powers of a section body, including postulation of tax. It had been acceptable up nether the Karnataka Municipalities Act, and was acting similar a municipality municipality by being liable for management, finances and improvement issues.

The committee has besides ordered the ELCITA to name adjunct nationalist accusation serviceman and archetypal entreaty authority.

The caller bid by Information Commissioner Rudranna Harthikote came connected an entreaty by Ganesh Kumar M., who said that the ELCITA was formed done a authorities gazette without which it cannot beryllium and questioned the taxation postulation powerfulness if it was a backstage entity. He had sought details astir improvement works and the tendering process.

In its defence, the authorization cited Supreme Court bid successful the Thalappalam Cooperative Bank v/s Kerala authorities and 2 cases settled by the Madras High Court and argued that it does not autumn nether the ambit of being a “public authority.”

However, the committee noted that Electronics City was developed by the Karnataka government-owned KEONICS successful 1970 to beforehand physics industries that was aboriginal transferred to Electronics City Industrial Association for managing the country successful 1997.

The ELCITA was formed successful 2013 nether Karnataka Municipalities Act 1964 to negociate nationalist services specified arsenic roads, h2o proviso and cleanliness. Of the full taxation collected, which is simply a work of the government, by the authority, 30% is shared with 3 colony panchayats, it noted.

Mr. Harthikote has pointed retired that immoderate authorization formed done a instrumentality passed by Parliament oregon the State legislature oregon the authorities bid comes nether the RTI Act arsenic “public authority” and hence ELCITA besides comes nether the ambit of the RTI Act.

While immoderate authorization that secures fiscal assistance straight oregon indirectly becomes a “public authority”, the ELCITA besides has authorities nominees successful its management. The bid besides cites a Madras High Court lawsuit successful which Tiruppur Area Development Board was declared arsenic “public authority” and brought nether the purview of RTI Act. Similarly, the Noida Authority has been declared arsenic a “public authority.”