Central Information Commission
Mr.T Sekar vs General Insurance Corporation Of India on 28 September, 2010
Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Appeal : No. CIC/DS/A/2010/000349DS
Appellant /Complainant : Shri T.Sekar, Chennai
Public Authority : General Insurane Public Sector
Association
Of India, New Delhi (Sh. A.K. Singhal,
CE,
GIPSA & Sh. R.S.Rawat, GIPSA)
Date of Hearing : 15 /07/2010
Date of Decision : 23/09/2010
Facts:
1. The applicant Shri T. Sekar sought information from the CPIO, General Insurance Public Sector Association of India (GIPSA), New Delhi pertaining to promotion policy for persons with disabilities as per the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act, 1995 adopted by all 4 Member Insurance Companies namely United India Insurance Co. Ltd. (UIIC), National Insurance Co. Ltd. (NIC), The New India Assurance Co. Ltd. (NIA) and Oriental Insurance Co. Ltd. (OIC).
2. The Manager, GIPSA responded to the applicant vide his letter of 19.3.2009 in which he stated that there is no Public Information Officer appointed in GIPSA since it is not a Public Authority within the meaning of Section 2(h) of the RTI Act, 2005. He further stated that GIPSA is simply a form for facilitating consultations and deliberations amongst its member companies on matters of common interest mandated to it by them without having any administrative, supervisory, controlling or statuary authority over them.
3. Being aggrieved the applicant preferred complaint before the Commission dated 21.1.2010 in which he stated that "GIPSA is the Governing Body for the 4 Public Sector Insurance Companies i.e., United India Insurance Co. Ltd. (UIIC), National Insurance Co. Ltd. (NIC), The New India Assurance Co. Ltd. (NIA) and Oriental Insurance Co. Ltd. (OIC) and negotiates with trade unions in all matters including wage revision." Though this application he had sought information regarding grounds on which all visually challenged employees of all 4 Insurance Companies under the control of GIPSA namely, United India Insurance Co. Ltd. (UIIC), The New India Assurance Co. Ltd. (NIA), National Insurance Co. (NIC) and Oriental Insurance Co. Ltd.(OIC) were totally ignored for promotion, debarred from the writing examination and denied promotion from clerical cadre to ScaleI officer cadre in the promotion exercise undertaken in 2008 thereby unjustly discriminating against them and curtailing their career progression and sought clarification regarding their HR Policy.
4. Shri Sekar sought the intervention of the Commission in the matter and emphasized that by stating that GIPSA is not a Public Authority even though it performs the above mentioned functions amounts to "forming/establishing/constituting GIPSA without any responsibilities and duties at the cost of public money" and therefore denial of information to him on grounds that GIPSA was not a Public Authority was not correct.
5. The Complaint came before Information Commissioner Smt. Deepak Sandhu , who referred the matter to the Chief Information Commissioner for constituting a full bench to adjudicate the complaint.
6. The matter was heard by 3 Member Bench constituting Chief Information Commissioner Shri Wajahat Habibullah and Information Commissioners Shri Satyananda Mishra and Smt. Deepak Sandhu on 15th July, 2010. Respondent was present as above.
7. The short question before the bench was to decide whether GIPSA is a Public Authority within the meaning of Section 2((h) of the RTI Act.
8. Based on the evidence before the bench, wherein admittedly GIPSA confirmed to having an office and staff provided by the LIC Member Insurance Companies and for whom the expenditure was met by the Company on whose strength the staff was borne. It was clarified that the Chief Executive, GIPSA was of the rank of Deputy General Manager assisted by an officer of the rank of Manager whose salary and allowances were paid by the Companies on whose strength they are borne namely Oriental Insurance Co. Ltd. It was also brought out that GIPSA is manned by over half a dozen officers along with supporting staff, all of whom draw salaries and allowances from the Public Sector General Insurance Companies on whose strength they are borne and who are members of GIPSA. Chief Executive, GIPSA further confirmed that GIPSA has separate letterhead and logo and the entire expenditure on the running and manning of this Organization is drawn from the Member Companies all of whom are Public Sector Companies and Public Authorities in their own right.
9. In the above background there appears to be no dispute regarding the financial and administrative character of the respondent Institute, therefore in order to ascertain if it is a Public Authority under section 2(h)(d)(ii) of the RTI Act that requires to be referred to. The said provisions read as under : "2(h) "public authority" means any authority or body or institution of self government established or constituted,
(a)...
(b)...
(c)....
(d) by notification issued or order made by the appropriate Government. And includes any -
(i)...
(ii) nonGovernment organization substantially financed, directly or indirectly by funds provided by the appropriate Government."
10. A glance at the Report of the Committee Constituted to Suggest Modalities of Coordination Mechanism After DeLinking of the Subsidiaries From GIC of India, confirms that GIPSA was constituted following the recommendations of this Committee set up by the Ministry of Finance, Department of Economic Affairs , Insurance Division of the Govt. of India to suggest modalities of Coordination Mechanism After DeLinking of subsidiaries from GIC. Accordingly as per the recommendations of the Committee it was felt "necessary to create an Agency for ensuring co ordination among the four companies on various operational and policy issues. Recommendations have been made for the basic structure and constitution of the Coordinating Agency, including organizational set up guiding principles, name and its Constitution. The Committee has also recommended setting up of the Association, including Membership, Governing Board, Chairperson, Secretary General, Location of Secretariat, Organizational Setup, Administrative procedure, Functional Committees/Working Groups.
11. It was following these recommendations of this Committee that GIPSA was created . It would be appropriate to refer the order of the CIC dated 16.6.2006 in which it ruled on the Association of Indian Universities being covered under the definition of Public Authority and which order was subsequently upheld by the Hon'ble High Court of Delhi in WP(C) No. 10771/2006 & CM APPL 8275/2006, 4286/06, 4546/2008 wherein Hon'ble S.Muralidhar, J. opined that "in other word, the "words" substantially financed" do not unnecessarily have meaning that 'majority' of the funding of the petitioner has to be by the appropriate Government. Substantially in this context would mean significant.
12. In the present case expenditure on all the activities and man power of GIPSA is met by its four Constituent Companies who are Public Sector Undertakings and therefore Public Authorities. Consequently it is held that the respondent does answer the description of Public Authority within the meaning of Section 2(h)(d)(i).
13. To take the point further it is a fact that all four member companies of GIPSA are owned by the Govt. Of India which has 100 % share holding in all 4 companies which are non listed companies. The Ministry of Finance, Govt. Of India decides policy issues in respect of these Public Sector Insurance Companies and is the appointing authority of the CMDs of these companies. Further more a government nominee is appointed on their Board of Directors. All these facts point in the direction of GIPSA being a public authority.
Decision
14. In view of the arguments enumerated above the Commission rules that GIPSA is in fact a public authority within the meaning of Section 2(h)(d)(i) of the Act. GIPSA may accordingly take immediate action to appoint a CPIO and provide information to the appellant within 3 weeks of receipt of the order. As GIPSA is by its own calling a coordination mechanism for the 4 member companies on various operational and policy issues, the CPIO, GIPSA will forward the RTI application along with a copy of the 2nd. Appeal to the CPIO's of the "member companies within one week of receipt of the order and they will provide information is the applicant within 2 weeks thereafter.
(Wajahat Habibullah) (Satyanand Mishra) (Smt.Deepak
Sandhu)
Chief Information Information Information
Commissioner Commissioner
Commissioner
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Tel No. 0112610502
Copy to:
1. Shri T.Sekar
Plot No. 59, Forty Feet Road
Lakshmi Nagar
Porur
Chennai600116
2. The Public Information Officer (RTI)
General Insurance Public Sector Association of India (GIPSA), 3RD. Floor, Jeevan Vihar, Rear Portion, Sansad Marg, Parliament Street, New Delhi110001.
3. Dy.Secretary & Joint Registrar Central Information Commissioner, New Delhi
4. Under Secretary & Dy. Registrar Information Commissioner(SM)