"2(h)"public authority" means any authority or body or institution of self- government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed,
directly or indirectly by funds provided by the appropriate Government;" A) Irrespective of "(i)" and "(ii)", the body has to be established or constituted in tehmanner provided. The "inclusionary proviso" to 2(h)(d) is a clarification and does not operate independently. B) There are CIC orders that where 2 PSU parents set up a JV the "child" entity is not a Pub Auth. in absence of a notification or Act. An example would be IGL (Indraprathta Gas Ltd) set up by BPCL and GAIL as 100% PSU and then shares divested - matter now stayed by Delhi High Court. Sarbajit --- In [email protected], "nityanand jayaraman" <nit...@...> wrote: > > Dear Mr. Roy: > Thanks for your information. But the promoters that are mentioned in the > link you gave are all companies set up and/or wholly/partly financed by > Gujarat Government. Please see: > http://www.nseindia.com/marketinfo/companyinfo/eod/Shareholding/shareholding_promoters.jsp?nds_id=11230&symbol=GUJALKALI&count_string=8|10|0|0|0|1|0|1|3|&as_on_dt=30-SEP-2008 > > Does this change things? I will still seek information regarding GACL's > formation. > ciao, nity > > On Mon, Dec 29, 2008 at 4:05 PM, sroy1947 <sroy1...@...> wrote: > > > > > http://www.nseindia.com/marketinfo/companyinfo/eod/Shareholding/shareholding_main.jsp?nds_id=11230&symbol=GUJALKALI&count_string=8%7C10%7C0%7C0%7C0%7C1%7C0%7C1%7C3%7C&as_on_dt=30-SEP-2008 > > > > According to this the Govt /State Govt have nominal (NSE claims ZERO) > > stakes in GACL. > > > > Do you have any evidence that GACL was either established / > > constituted BY (not "under) an Act of Parliament or State Legislature > > or BY an order / notification of government. If not, forget it. > > > > "public authority" is defined in 2(h)of the RTI Act. > > > > The leading CIC decision on "public authority" is > > http://cic.gov.in/CIC-Orders/Decision_30112006_12.pdf > > > > Sarbajit > > > > --- In [email protected] <rti_india%40yahoogroups.com>, "nityanand > > jayaraman" <nity68@> > > wrote: > > > > > > > > Dear all: > > > Would like case law from CIC, SIC decisions on when a company is > > considered > > > a public authority? Gujarat Alkalies and Chemicals Ltd, in which Gujarat > > > Govt has 36 percent stake, claims it is not a public authority. The > > matter > > > is coming up for hearing in the Gujarat Information Commission on 3 > > January, > > > 2009, after a wait of 18 months. Would appreciate any citations and > > order > > > abstracts. > > > ciao, nity > > > > > > > > > [Non-text portions of this message have been removed] > > > > > > > > > > > > [Non-text portions of this message have been removed] >
