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Submitted by Divya Jyoti Jaipuriar
More transparency: UTI to come under RTI
11 Aug 2008, 0543 hrs IST, Viju B ,TNN

MUMBAI: The lakhs of mutual fund investors who are worried about their investments in various public sector financial institutions in the country can now heave a collective sigh of relief.

In a landmark order, the Central Information Commission (CIC) has ruled that, as the Unit Trust of India Asset Management Company (UTIAMC) is a public authority, it has to comply with the provisions of Section 4 of the Right to Information (RTI) Act.

UTIAMC is the investment manager for UTI Mutual Fund, which, in turn, invests public money in stock markets and debt instruments. The CIC order on August 6 will now make it mandatory for UTIAMC to comply with Section 4 of the RTI Act, which states that public authorities need to maintain their records so that applicants can inspect or even ask for copies.

The order came when Dombivli resident Vijay T Gokhale approached the CIC after UTI and SEBI replied to his RTI queries, stating that UTI was not a public authority.

"I approached the commission after UTIAMC replied that its three entities, UTI Mutual Fund, UTI Trustee Company and UTI Asset Management Company, did not fall under the ambit of the RTI Act," Gokhale pointed out.

When the case came up for hearing before the CIC, UTI officials took the stand that theirs was not a public authority. "Though the entire share capital of UTIAMC was held by four public sector banks, UTIAMC was a firm registered under the Companies Act and that it was neither financed by the government nor controlled by it,"" a UTI official said.

The CIC then asked them to furnish copies of the balance sheet, memorandum and articles, mode of appointment of directors, profit-sharing pattern of the firm and also reasons for retaining the UTI logo.

UTIAMC contended that it was not a public authority as it was incorporated under the Companies Act and SEBI. "Also, the directors are not appointed by the government but are independent directors in accordance with SEBI. It is not a government company and the audit report is not placed before Parliament,"" the UTIAMC said.

The CIC, in its order, said UTIAMC had been sponsored by public sector institutions and banks such as SBI, PNB, LIC and Bank of Baroda. "UTIAMC is owned by four public authorities. An institution wholly owned by a public authority could be considered a public authority under the RTI Act,"" the CIC order said.

"From the purpose and object of the RTI Act, it is crystal clear that there should be transparency in the functioning of any institution in which public money is deployed,"" the order said. The CIC, while passing the order, directed UTIAMC to designate PIOs and appellate authorities to comply with the provisions of the RTI Act in the next 30 days.

Submitted by Divya Jyoti Jaipuriar
RTI reply blows lid off netas' role in babus' transfers
11 Jul 2008, 0513 hrs IST, Shishir Arya,TNN

NAGPUR: Government servants using political connections to ‘manage' their postings may be an open secret. However, this nexus has been proved - in black and white - with the help of the Right to Information Act.

A reply to a query regarding the transfer of an officer in sales tax department also had a list of 33 officers who had used political recommendations for getting or cancelling a transfer. Many wanted a transfer in the enforcement wing of the department, which is said to be a plum posting. In the case of the official whose transfer was questioned, it was none other than the then chief minister Sushilkumar Shinde who had backed the case.

Other officials had sent letters of politicians including Ajit Pawar, Chhagan Bhujbal, Ashok Chavhan, Vijayinsingh Mohite Patil, Nitin Raut, Hussain Dalwai and Suresh Lad.

Though it is unclear whether the other officers got the posting of their choice, the RTI reply mentioned that using such recommendations is against the norms.

The query pertained to the transfer of an assistant commissioner of Sales Tax M K Pendhari in 2003, who was recommended by Shinde to be transferred to the enforcement wing at the department's Mazgaon office in Mumbai.

Along with Pendhari's details, the department also gave a document indicating names of other officers who had used this mode.

In regards of Pendhari, the department replied that he was transferred as it was recommended by MLA Sevak Waghaye from Bhandara and former MP Gurudas Kamat and both the letters bore a remark by Shinde himself.

Ironically, the department has also appended two official orders prohibiting employees from using political clout to get work done. In his letter to Shinde, Waghaye said the officer (Pendhari) is a 'close friend' and that he should be transferred to the enforcement wing of the department's Mazgaon office. The letter also has a two-word order undersigned by Shinde to transfer this officer. Gurudas Kamat, in his letter, mentioned, "The officer is known to me is and I request you to post him in the enforcement wing."

However, the RTI reply clarified that the transfers were done only after these officers met the required criterion, though they had sought political recommendation as well.

Among the 33 officers, D J Channe and M K Pendhari had done the highest lobbying and there were instructions to take action for breech of discipline against them and serve them show-cause notices too.

The query was posed by the Sales Tax Practitioners Association, Nagpur who had complained against Pendhari during his Nagpur tenure in 1997.