<p>In yet another landmark decision, the Karnataka Information Commission (KIC) has declared the Bangalore Turf Club (BTC) is a public authority and hence falls within the ambit of the Right To Information (RTI) Act. <br /><br /></p>.<p>The State Information Commissioner, J S Virupakshaiah, passed the order, based on a complaint by S Umapathi, a resident of Kirloskar Layout, Hesaraghatta Main Road. He also directed the BTC secretary to appoint a Public Information Officer (PIO) and First Appellate Authority (FAA) by issuing notification within three months from Monday.<br /><br />Virupakshaiah also instructed the Secretary, Department of Personnel and Administration Reforms (DPAR), which has direct control and supervision over BTC, to take steps and see that the Club notifies the appointment of a Special PIO, Assistant PIO and the FAA within the stipulated period. He also directed the DPAR and the BTC to furnish a compliance report within three months.<br /><br />In his appeal, Umapathi stated that he had sent an e-mail on February 14, 2012 to BTC secretary under Section 6 (1) of the RTI Act, 2005 seeking certified copy of the list of records duly catalogued and indexed and certified copy of information/booklet as required to be published under Section 4 (1) (a) and 4 (1) (b) of the said Act. He had requested that the information be furnished in the form of a CD, if it was available in electronic form. When no information was furnished, he approached the KIC on May 22, 2012, under Section 18(1) of the RTI Act.<br /><br />In the order, Virupakshaiah noted that the land measuring close to 75 acres (32,17,995 sq ft) was leased to the BTC as per the agreement dated September 9, 1923. He also pointed out that except the collection of betting tax, entertainment tax and license fee, no other revenue was collected in respect of the land until a government order was passed in 1968 whereby the lease amount of Rs 50,000 per annum was fixed and later increased to Rs one lakh, Rs five lakh and Rs 30 lakh. <br /><br />The Information Commissioner also felt that the BTC possessed prime land for free for nearly 45 years, then at a meagre rate of 15 paise per sq ft for a few years and then 92 paise per sq ft from 1989 to 2009.<br /><br />Virupakshaiah observed, “It is evident that the government has indirectly financed the BTC. Thus, it could be held that another requirement of control by the government as per section 2 (1) (h) (d) (ii) is fulfilled.”<br /><br />The Information Commissioner said the petitioner was at liberty to approach the PIO and the FAA of the BTC to be appointed by way of fresh application under section 6 (1) of the RTI Act, if he desired to seek information.</p>
<p>In yet another landmark decision, the Karnataka Information Commission (KIC) has declared the Bangalore Turf Club (BTC) is a public authority and hence falls within the ambit of the Right To Information (RTI) Act. <br /><br /></p>.<p>The State Information Commissioner, J S Virupakshaiah, passed the order, based on a complaint by S Umapathi, a resident of Kirloskar Layout, Hesaraghatta Main Road. He also directed the BTC secretary to appoint a Public Information Officer (PIO) and First Appellate Authority (FAA) by issuing notification within three months from Monday.<br /><br />Virupakshaiah also instructed the Secretary, Department of Personnel and Administration Reforms (DPAR), which has direct control and supervision over BTC, to take steps and see that the Club notifies the appointment of a Special PIO, Assistant PIO and the FAA within the stipulated period. He also directed the DPAR and the BTC to furnish a compliance report within three months.<br /><br />In his appeal, Umapathi stated that he had sent an e-mail on February 14, 2012 to BTC secretary under Section 6 (1) of the RTI Act, 2005 seeking certified copy of the list of records duly catalogued and indexed and certified copy of information/booklet as required to be published under Section 4 (1) (a) and 4 (1) (b) of the said Act. He had requested that the information be furnished in the form of a CD, if it was available in electronic form. When no information was furnished, he approached the KIC on May 22, 2012, under Section 18(1) of the RTI Act.<br /><br />In the order, Virupakshaiah noted that the land measuring close to 75 acres (32,17,995 sq ft) was leased to the BTC as per the agreement dated September 9, 1923. He also pointed out that except the collection of betting tax, entertainment tax and license fee, no other revenue was collected in respect of the land until a government order was passed in 1968 whereby the lease amount of Rs 50,000 per annum was fixed and later increased to Rs one lakh, Rs five lakh and Rs 30 lakh. <br /><br />The Information Commissioner also felt that the BTC possessed prime land for free for nearly 45 years, then at a meagre rate of 15 paise per sq ft for a few years and then 92 paise per sq ft from 1989 to 2009.<br /><br />Virupakshaiah observed, “It is evident that the government has indirectly financed the BTC. Thus, it could be held that another requirement of control by the government as per section 2 (1) (h) (d) (ii) is fulfilled.”<br /><br />The Information Commissioner said the petitioner was at liberty to approach the PIO and the FAA of the BTC to be appointed by way of fresh application under section 6 (1) of the RTI Act, if he desired to seek information.</p>
