Indian Kanoon - Search engine for Indian Law

Central Information Commission

Mr.Ratan Mishra vs Ministry Of Commerce And Industry on 31 July, 2013

                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                               Case No. CIC/SS/A/2012/000996
                                                            Dated: 31.07.2013

Name of Appellant                :      Shri Ratan Mishra

Name of Respondent               :      EEPC India

Date of Hearing                  :      10.07.2013

                                     ORDER

Shri Ratan Mishra, hereinafter called the appellant has filed the present appeal dated 10.01.2012 before the Commission against the respondent EEPC India (formerly Engineering Export Promotion Council), Mumbai for not providing information in response to his RTI application dated 12.12.2011. The matter was scheduled for hearing through videoconferencing. The appellant was represented by Shri C.P. Dalmia whereas the respondent were represented by Shri Rajat Srivastava, Regional Director at NIC Videoconferencing Facility Centre, Deoghar and Mumbai respectively.

2. The appellant through his RTI application dated 12.12.2011 sought information on four queries in respect of M/s. Murarka Export, Murarka Towers, Gandhidham (Dist. Kutch) and/or M/s, Murarka Cables & Conductors, Gandhidham, Distt. Kutch registered with EEPC as (i) Members (ii) exporters or

(iii) in any other capacity; the names of Directors/Partners/Proprietor of these concerns with their name, age, sex etc. Shri Rajat Srivastava, Regional Director vide letter No. EEPC: MM:RS:INFM-RTI/2011-15765 dated 26.12.2011 informed the appellant that EEPC India does not come under the purview of the RTI Act 2 Case No. CIC/SS/A/2012/000996 and as such they do not have any CPIO/Appellate Authority. In view of this he expressed his inability to furnish the requested information to the appellant. The appellant was also informed that the information sought for in respect of the firms mentioned in his application were not even their registered members as on date.

3. In his second appeal filed before the Commission, the appellant states that from the letter-head of EEPC India itself, it is clear that EEPC India is "an Organization sponsored by the Ministry of Commerce & Industry, Government of India", every year, the EEPC India receives a large amount from Government of India as grant-in-aid, no exporter of engineering goods in India gets export benefit from Government of India, unless he is a member of EEPC India - therefore the EEPC India is covered by the RTI Act.

4. Shri B. Sarkar, Executive Director & Secretary EEPC India filed his written submissions before the Commission vide his letter dated 9.7.2013 which inter- alia states as under:

 The information sought by the appellant in respect of the aforementioned firms are not even members of EEPC till date. Hence, no record is available with the respondent regarding these firms. This point was duly communicated to the appellant but he still chooses to file the second appeal before the Commission.

 EEPC India is a non-profit making company registered under section 25 of the Companies Act, 1956.

 EEPC India is also registered under section 12A of the Income Tax Act, which deals with registration of Charitable Institutions, Trusts.  EEPC India is neither a 'State' nor any 'authority' within the meaning of Article 12 of the Constitution of India.

 EEPC India is not a 'public authority' within the meaning of Section 2(h) of the RTI Act.

 EEPC India is an autonomous body and the question whether Export Promotion Councils fall under the purview of the RTI Act or not is sub-judice at the level of Hon'ble Supreme Court. EEPC India does not have any PIO/CPIO/AA as required under the Act. On earlier occasion also, the Hon'ble Division Bench of Delhi High Court had disposed of a Letters Patent Appeal No. 402 of 2010 in the matter of EEPC India Vs. CIC and Anr. By order dated 21.8.2012 with a view that since the Hon'ble Supreme Court has stayed the decision of Delhi High Court regarding Export Promotion Councils to be "public Authority" under RTI Act, there was no point in keeping the said LPA pending before Delhi High Court and further 3 Case No. CIC/SS/A/2012/000996 whatever would be the outcome of the appeal pending before the Supreme Court, would determine the fate of that case as well.

5. In view of above submissions of the respondent, the Commission is of the view that the matter whether Export Promotion Councils are a public authority under the provisions of Section 2(h) of the RTI Act, is pending before the Hon'ble Supreme Court of India, and the final outcome of the case, as and when the Hon'ble Supreme Court pronounces its judgement, would determine the present case as well.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri Ratan Mishra, C/O Bihar Solvent Extraction Company, Shahid Ashram Road, Baidyanath-Deoghar-814112 (Jharkhand) The Regional Director, EEPC India, Centre 1, 12th Floor, World Trade Centre, Cuffee Parade, Mumbai-400005.

The Executive Director & Secretary, EEPC India, Vaniya Bhawan (FF), International Trade Centre, 1/1 Wood Street, Kolkat-700016.