1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before National Payments Corporation of India (NPCI), Gulab Bhawan, ITO, New Delhi seeking the details of the PIO and the Appellate Authority.
2. The complainant filed a complaint before the Commission on the grounds that no reply has been provided to him. The complainant requested the Commission to direct the respondent to provide the information sought for and to impose a penalty upon the respondent under Section 20 of the RTI Act for not providing information.
Hearing:
3. The complainant, Shri Neeraj Sharma and the respondent Shri Pratap Parida, Manager, National Payments Corporation of India, New Delhi were present in person.
4. The complainant admitted that the NPCI has not been established or constituted by or under the Constitution or any other law made by Parliament or by the Central Government. Further, it has not been established or constituted by notification issued or order made by the Central Government. However, NPCI is owned, controlled and substantially financed directly or indirectly by funds provided by the Central Government. The appellant further submitted that various Public Sector Banks hold 67.82% of the share capital of NPCI. Hence, NPCI is owned by the Central Government through its instrumentalities namely Public Sector Banks. The appellant also stated that the Board of Director of NPCI consist of 13 Members out of which 7 members are nominated by the PSU banks and other 6 are independent Directors. Further, the Managing Director of the Company is appointed by the Reserve Bank of India; and the NPCI is regulated by the Reserve Bank of India under the Payment and Settlement Systems Act, 2007. Hence, NPCI is indirectly controlled by Central Government. Furthermore, the NPCI is also considered as a Government Company under Section 2(45) of the Companies Act, 2013 whereby the audit of the company has been conducted by the Comptroller and Auditors General of India (CAG). The appellant further stated the Government of India allocated Rs. 500 crores to the NPCI in pursuance to the Scheme of Digital India and all the computer applications launched by the respondent company are advertised by the Government of India. This itself means that the NPCI is financed by the appropriate Government. The appellant also relied on the Case of Central Inland Water Transport Corporation v. Brojo Nath, (1986) 3 SCC 156 : AIR 1986 SC 1571, where the Apex Court held the Corporation, a government company incorporated under Companies Act to be an authority and so the ‘State’ within the meaning of Article 12 of the Indian Constitution. Thus, NPCI is owned, controlled or substantially financed directly or indirectly by funds provided by the Central Government. In view of this, NPCI is a public authority as per Section 2(h)(i) of the RTI Act. Hence, the information sought for should be provided to him.
Interim Decision:
5. Due to paucity of time, the hearing in the matter could not be concluded. Therefore, the matter is adjourned to 24.12.2018 at 12.30 pm.
6. Copy of the interim decision be provided free of cost to the parties.