ELCITA declared ‘Public Authority’: RTI Act extended to Electronics City township body

The Karnataka State Information Commission has ruled that ELCITA falls under the RTI Act, citing its government origin, statutory powers and role similar to a local municipality.

The Karnataka State Information Commission has brought the Electronics City Industrial Township Authority (ELCITA) under the Right to Information (RTI) Act, declaring it a “public authority” and directing it to share information within stipulated timeframes in the future.

In its order, the commission clarified that even though ELCITA does not have an elected council, it was established by the government and exercises powers similar to those of a local body. The authority has the power to collect taxes, manage finances, and oversee development activities, functions typically associated with municipal bodies.

The commission noted that ELCITA was formed under the Karnataka Municipalities Act, 1964, and effectively operates like a town municipality. It is responsible for key civic services such as road maintenance, water supply and cleanliness in the Electronics City area. The order also pointed out that tax collection is a sovereign function of the government, and ELCITA collects such taxes and shares 30% of the revenue with three village panchayats.

The ruling came on an appeal filed by Ganesh Kumar M., who argued that ELCITA was created through a government gazette notification and therefore could not exist independently as a private entity. He questioned how ELCITA could collect taxes if it was not a public authority and sought details related to development works and the tendering process.

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In response, ELCITA contended that it did not fall under the definition of a “public authority,” citing a Supreme Court judgment in the Thalappalam Cooperative Bank vs Kerala government case, along with two rulings of the Madras High Court. However, the commission rejected this argument.

Information Commissioner Rudranna Harthikote observed that Electronics City was originally developed by KEONICS, a Karnataka government-owned company, in 1970 to promote electronic industries. The area was later handed over to the Electronics City Industrial Association in 1997 for management. Subsequently, ELCITA was formally constituted in 2013 through a statutory framework.

The commission further highlighted that any body created through a law passed by Parliament, the State Legislature, or a government order qualifies as a public authority under the RTI Act. It also noted that ELCITA receives indirect government support and has government nominees in its management.

Citing precedents such as the Tiruppur Area Development Board and the Noida Authority, both declared public authorities, the commission ruled that ELCITA clearly falls under the RTI Act. The authority has also been directed to appoint an Assistant Public Information Officer and a First Appellate Authority to comply with RTI requirements.