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State information commission denies Make in India MoUs

All the investment has to come in five to seven years and will be monitored by the Chief Secretary. Industries ministry spent around Rs 52.46 crore for the program.

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The state information commission has ordered that Memorandun of Understandings (MoU) between the Maharashtra government and the various firms are not be given to an applicant. The order, upholding the reply of the Public Information Officer (PIO) and the First Appellate Authority (FAA), stated that it is exempted as per sub sections of section 8 (1) as per the RTI Act.

The order was passed by Ajit Kumar Jain, State Information Commissioner (Brihanmumbai bench) after a second appeal was filed by Pune based Vihar Durve. Durve in his application had asked copies of the Memorandum Of Understanding (with file notings) as announced by Chief Minister of Maharasthra in Make in India program held in February 2016 in Mumbai.

He further demanded total amount mentioned in the MOUs in the event, the amount actually invested, the time limit in which it is to be invested, name and designation of the officer who is supposed to supervise actual amount invested, and the information on the amount spent on the program among others.

In a reply, the PIO stated that MoUs cannot be given because it can pose threat to the competitiveness of the party and it is not for public interest. The PIO also stated that 2,603 MOUs were signed of Rs 8.04 lakh crore investment. These would create 30 lakh employment opportunities.

All the investment has to come in five to seven years and will be monitored by the Chief Secretary. Industries ministry spent around Rs 52.46 crore for the program.

The commission order stated that the purpose of RTI Act is to have transparency, and simultaneously, ensure that sensitive information be kept secretive. Such is the dual purpose of the Act. It went on to up held the exemptions under the Act.

"Thirty lakh people are likely to get employment as per what government claims and government will be giving land and water which is our natural resources. The Supreme Court in the 2G case had stated that the public interest is above government policy. The PIO and commission did not apply their mind. All these are registered and limited companies. All the information is shared with their shareholders. The information that cannot be denied to legislature cannot be denied to applicants as per RTI Act. The government should be declaring all this information because it is in public interest," said Durve.

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