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karira

MGL (Maharashtra Gas Ltd.) is a Public Authority

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karira

Maharashtra Gas Limited (MGL) which supplies pipeline gas to Mumbai has been ruled as a Public Authority.

 

The full decision of the CIC is attached to this post.

 

It has many arguments for and against being a Public Authority - will be interesting for members to note for future references.

 

The appellant was Mr Semlani, a RTI Activist, who passed away recently in Mumbai at the age of 72.

MA-01082008-10.pdf

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prbhat_gen

karira,

 

can u guide me how was this particular case been heard by CIC, despite being a case of SIC maharastra ?

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karira
karira,

 

can u guide me how was this particular case been heard by CIC, despite being a case of SIC maharastra ?

 

Abhishek,

 

Just read the full order/decision - it has all the details of the sequence of events as well as how CIC came into the picture. It will be very informative.

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sidmis

CIC declares MGL a public authority

as reported by Rahul Mangaonkar, 22 Aug 2008, Rahul Mangaonkar,TNN

 

AHMEDABAD: Central Information Commission (CIC) has declared Mahanagar

Gas Ltd (MGL) as a public authority under the Right to Information

(RTI) Act. It has directed MGL to discharge its duties as a public

authority as mandated under RTI within 30 days of the order.

 

A bench of chief information commissioner Wajahat Habibullah and

information commissioners MM Ansari and AN Tiwari held that MGL's

shareholding pattern, the control that the government exercised over

it, and nature of functions performed by it, undoubtedly made it a

public authority under RTI.

 

However, this decision of CIC and the victory that it has brought with

it comes a bit too late for septuagenarian RTI activist Kewal Semlani

who passed away on July 7.

 

For a year-and-a-half , Semlani had been pursuing the matter as MGL

had taken a stand that it was not a public authority and was outside

the purview of RTI.

 

MGL is a joint venture company of GAIL, a government of India

undertaking , British Gas and government of Maharashtra of which the

government shareholding worked out to be 50.25 per cent. The

government had also allowed MGL's pipelines to carry piped natural gas

on several hundred kms of public land in Greater Mumbai free of cost.

 

CIC observed that MGL, being a monopoly company for distribution of

natural gas to consumers in Greater Mumbai , performed functions of

public nature. Also, as more than 50 per cent of MGL share capital is

being held by the government it can't be regarded as a private

individual engaged in commercial activity.

 

A Supreme Court decision was cited by CIC, where it was observed that

"if the functions of the corporation are of public importance and

closely related to governmental functions , it would be a relevant

factor in classifying the corporation as an instrumentality or agency

of Government" .

 

In another decision Justice KK Mathew had said, "Institutions engaged

in matters of high public interest or performing public functions are

by virtue of the nature of the functions performed by government

agencies.

 

Activities which are too fundamental to the society are by definition

too important not to be considered government functions."

 

http://timesofindia.indiatimes.com/Ahmedabad/CIC_declares_MGL_a_public_authority_/articleshow/3391548.cms

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sidmis

Request to Moderators:

 

This thread may be merged with Karira's thread on same topic.

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Atul Patankar

As reported by Noor Khan at www.samaylive.com on 29 March 2009

 

New Delhi, Mar 29 : In a gross violation of an eight-month-old CIC order, leading consumer gas company Mahanagar Gas Limited (MGL) has refused to put in place required infrastructure for implementation of the RTI Act.

 

The Central Information Commission in its order of August 1, 2008 had declared that MGL comes under the definition of Public Authority and it should appoint a Public Information Officer and an Appellate Authority as mandatory under the RTI Act.

 

"In view of the shareholding pattern of MGL and in view of the control that is apparently exercised by the government and the nature of the functions performed by them it leaves no room for doubt that it is declared as a public authority within the meaning of Section 2(h) of the RTI Act," the CIC had said in its order.

 

MGL's Chief Manager Neera Asthana, however, maintained a version contrary to the CIC's order.

 

"We are not a public authority. We give public utility services for sure but we don't come under the definition of Public Authority," she claimed.

 

The company is a Joint Venture of GAIL (India) Ltd, BG Group, U K and the Government of Maharashtra and was set up in 1995.

 

Source: Mahanagar Gas Limited refuses to acknowledge CIC's order :: SamayLive

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kmsty

I recently applied to The PIO of MGL asking certain information under RTI and I have been informed by MGL that its activity is not governed under the RTI act and hence denied the information.

 

Does anybody overhere possess the latest information as to the status of MGL- Whether the Ruling of CIC is still applicable or they have gone for any appeals under the RTI

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karira

They must have filed for a stay order from the High Court.

 

But I have no firm news on the matter.

 

Why don't you file a Complaint under Sec 18 directly to CIC and quote the earlier order of CIC ?

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sreedharkadambi

I would like to know is it possible to file RTI question to Mahanagar Gas in Mumbai, and what is the status of this company, fully owned by State or State and private participation?

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dr.s.malhotra

It is a private company , not a PA as per s.2(h) of RTI Act .

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sreedharkadambi

Thank you Dr. Malohotra for the information.

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karira
I would like to know is it possible to file RTI question to Mahanagar Gas in Mumbai, and what is the status of this company, fully owned by State or State and private participation?

 

Your post has been merged with another thread on the same topic/subject.

 

Please read the full thread above and the links given therein.

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sunitaone

Hello ! Is Mahanagar Gas Ltd liable to give answer on RTI application ?

 

Someone has installed eight air condition exhaust machines just near the gas pipe lines

passing by. The owner of the air condition machines has installed it illegally. Can we complain

to the Mahanagar Gas Ltd along with MMC ? Does Mahanagar Gas Ltd has right to send required notice to remove such machines near the gas pipe lines as it can be very dangerous for the safety of the people living in the building.

 

Pls guide.

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drasparihar

welcome on this portal u can complain plz go ahead

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karira
Hello ! Is Mahanagar Gas Ltd liable to give answer on RTI application ?

 

Someone has installed eight air condition exhaust machines just near the gas pipe lines

passing by. The owner of the air condition machines has installed it illegally. Can we complain

to the Mahanagar Gas Ltd along with MMC ? Does Mahanagar Gas Ltd has right to send required notice to remove such machines near the gas pipe lines as it can be very dangerous for the safety of the people living in the building.

 

Your post has been merged with another thread on the same topic/subject.

 

Please read the full thread above and the links given therein.

 

Why do you need RTI for this ?

Just send a complaint letter to Mahanagar Gas and inform them of the dangers.

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sunitaone

Thank you for your reply Mr. Karia. I want to do RTI appln with Mahanagar Gas Ltd after I file a complain. But as stated above by Dr. Malhotra that it is a Private company, than can we file a RTI appln asking for the status and progress report ?

 

Pls guide.

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sunitaone

If it is a private company, does it mean one can not file RTI appln with Mahanagar Gas Ltd ?

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karira
If it is a private company, does it mean one can not file RTI appln with Mahanagar Gas Ltd ?

 

Yes, private companies are not covered under RTI.

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