The Karnataka Information Commission (KIC) has ruled that Century Club, which is on government land that had been given free of cost, can be considered as a public authority and has to reply to Right to Information requests.
In an order on March 14, Information Commissioner L. Krishnamurthy said that nearly 7.5 acres in Cubbon Park had been given free of cost to the club in October 1913, and the club has not been ‘paying any rent’ to the government.
The century-old club, founded by Sir M. Visveswaraya, should be ‘categorised under the category of public authority’ under Section 2(h) of the Right to Information Act, states the order. Consequently, the Commission has directed the club to appoint a Public Information Officer and First Appellate Authority within a month.
The Act states that even non-government organisations can be called public authorities if they are ‘substantially financed, directly or indirectly’ by the government.
In December 2012, S. Umapathi, a high court advocate, had filed an application seeking documents from Century Club. A week later, the club responded that the request was not considered as it was not a public authority.
“It was an expected response, and we challenged it in the KIC. Five years later, our stand has been vindicated,” said Mr. Umapathi.
Over the years, he has filed similar cases against more than seven such institutions — clubs, schools and others — which are set up on leased or granted government lands.
“The Supreme Court makes it clear that if a society ceases to function if the government stops funds or takes back granted land, then these properties are public authorities and information should be given to the public when asked,” he said.
Rakshit S.P., president of Century Club, said the order would ‘definitely’ be contested in court. “We do not get a single rupee from the government while we have all documents to show ownership of land. We cannot be considered a public authority,” he said.
While the order is specific to Century Club, the Federation of Clubs will be meeting soon to discuss any implications on other clubs that pay marginal rent on their properties.
