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Bring PPP projects under RTI: CIC by Nidhi Sharma


The Central Information Commission (CIC), the final appellate authority for the Right to Information (RTI) Act, has asked the Planning Commission to include disclosure norms in all future public-private-partnership (PPP) projects undertaken by the Centre and the state governments.

Chief Information Commissioner Satyananda Mishra has written to Planning Commission deputy-chairman Montek Singh Ahluwalia to incorporate disclosure norms, so that any project which has the participation of private firms and concessionaires come under the purview of the transparency legislation. A full Commission meeting on December 28, after a detailed discussion, viewed that private companies undertaking government projects should be brought under the RTI Act. All information commissioners agreed that a specific disclosure clause should be included in the model concessionaire agreement (MCA) between the government and the private party.

Speaking to ET, Mishra confirmed the request sent to the Planning Commission. He said: “This request is arising out of a number of RTI applications filed in state government departments and at the central ministries for disclosing details of a project undertaken by a private consortium or a concessionaire. This is a matter on which the law is a little hazy.” As per the provisions under Chapter I of the RTI Act, the Act is applicable on any “public authority” which is “established constituted, owned, controlled, or substantially financed by funds provided directly, or indirectly by the central government, or the Union Territory administration, or by the state government”.

The clause “substantially financed” has also been interpreted as any firm which is financed 51% by the government. The move becomes significant with the government planning to take up most of the high-investment infrastructure projects on PPP mode.

Mishra said: “There is a grey area here because there are instances where land is given to private schools and hospitals on very nominal rates. There is a road project given to a private firm on build-operate-transfer (toll) basis, from say Delhi to Chandigarh. People are seeking details under the RTI Act on how the private company or institution is using that land, whether the school is giving free education to the poor, or if the toll collected is used completely for maintenance purpose.” Since there is no specific disclosure clause in any PPP project, the RTI applicant’s struggle to get information under the transparency law becomes very difficult. “We are increasingly getting these cases as appeals in CIC. We want this included in the agreement so that there is uniformity all over India.”

This view had also emerged in September, 2010, at the two-day national convention on the completion of five years of the implementation of the RTI Act. RTI activists had pointed out that clarity in the law was needed. The view was also supported by Gajendra Haldea, advisor (infrastructure) to Planning Commission deputy chairman.