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Shailesh Gandhi presents arguments for declaring MMOPL public authority

Former chief information commissioner has moved the state information commission over Reliance Infrastructure-led Mumbai Metro One Private Limited (the consortium operating and maintaining Versova-Andheri-Ghatkopar Metro) to be declared as public authority under the Right to Information Act. Ateeq Shaikh and Ashutosh Shukla report on the arguments presented and the implications if happens

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Former chief information commissioner Shailesh Gandhi on Monday made a written submission to the division bench of the state information commission (SIC), Maharashtra, that RInfra led-Mumbai Metro One Private Limited be declared a public authority.

What can be termed a public authority?
As per section 2 (h) of the Right to Information Act, a public authority is any body or institution of self government established or constituted by notification or order issued by government, and includes any body owned, "controlled" or "substantially financed", and non-government organisation "substantially financed", directly or indirectly by funds provided by the appropriate government.

Is MMOPL "controlled" by the government?
According to Gandhi's argument presented to the SIC, out of eight directors in MMOPL, three are public servants, who are expected to control the working on behalf of the government. They hold their positions by virtue of their being public servants, and represent the government. It appears that the presence of senior government servants on the board may check or ensure that decisions taken in MMOPL are in consonance with the government's avowed objectives. Therefore, the presence of a fair degree of government control on MMOPL's decisions can't be ruled out. A right to veto is certainly a power to restrain. Hence, it is sufficient if it can be shown that the body is 'controlled'.

Is MMOPL "substantially financed" directly or indirectly by the government?
Contesting the claim that MMOPL is substantially financed, Gandhi has said the government has contributed Rs133 crore, representing 26% of the equity, and also provided a viability gap funding of over Rs500 crore in MMOPL. Furthermore, the government has provided land and a monopoly to MMOPL, whose monetary value has not been accounted. "Any funding above Rs50 crore is termed substantial, as per the ruling of SIC's bench," reads the submitted document.

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