Bring all PPP projects under purview of RTI Act, says CIC

Economic Times ; 14 Sep, 2010, ET Bureau ;

NEW DELHI: Central Information Commission, the final appellate authority for Right to Information (RTI) Act in the country, and policymakers have called for bringing public private partnership (PPP) projects under the purview of the transparency law.

The view emerged at a two-day national convention on RTI Act, which started on Monday. Speaking at a session on “RTI and PPP projects” , Planning Commission advisor Gajendra Haldea, who had framed the first model concessionaire agreement (MCA) for a highway project, said, “It is true that our agreements (with private firms) need to be fair and balanced. But it is also true that we are nowhere near perfection . It is time that RTI Act is applied to PPP projects. Just as we expect the legislation to bring transparency to government processes, it can also bring out transparency in PPP projects.”

This view was endorsed by information commissioners of the Central Information Commission (CIC). Central information commissioner Shailesh Gandhi opened a controversial issue of bringing all PPP projects under the purview of RTI Act by including such a clause in MCA. Mr Gandhi asked, “Why isn’t it possible for the Planning Commission to draft an model agreement that is put in the public domain before it is signed. Why can’t we add a clause in this model agreement that the agreement and all future agreements would come under the purview of RTI Act?”

Members of the civil society and other institutions like Public Grievances Commission pointed out a grey area in defining “public authority” for PPP projects. It was pointed out that there are private institutions — like hospitals and schools — that get institutional land from the government at very nominal rates, but the government has no control over them in terms of offering free beds and education to below poverty line (BPL) people.

“Aren’t these projects PPP projects? Shouldn’t they be brought under RTI Act?” asked a state information commissioner. A similar view was echoed by central information commissioner A N Tiwari. He said, “There is a tendency of in the government that everything that comes into government domain gets into a black hole. There are differences within the government over PPP projects . We need to give a serious thought to this issue.”

The convention was inaugurated by law minister M Veerappa Moily. Speaking at the inaugural ceremony Mr Moily emphasised the need for voluntary disclosure of information by government departments. “A sample study of the disclosures shows that these are often perfunctory and lacking in substance. This underscores the need for devising protocols and effective monitoring of suo motu disclosures ,” said Mr Moily.

Law minister said whistleblowers and RTI activists are instrumental in furthering the cause of transparency and need adequate protection. He asserted that the Whistleblower Bill (The Public Interest Disclosure and Protection to Persons making the Disclosure Bill) will be passed by Parliament in the forthcoming winter session.