Wheather the Organisations established as Public Chairtable Instituions under the Society Act 1860 (XXI) are covered under RTI Act 2005 or not

[ARUN K LALL]

Hello everybody,

Appreciate if anybody from RTI Forum let me know the followings:

a) Wheather the Organisations established as Public Chairtable Instituions under the Society Act 1860 (XXI) are covered under RTI Act 2005 or not. (Some case histories)

b) What is the legal status of these organisation as these are non profit earning?
i.e. Autonomous or Private or Non Govt.Organisation, etc

c) Do the status of such organisations changes if they get recoganisation from DSIR and get Custom duty exemption on one hand and the contributing Industory/Agency gets 100/125 percent rebate in tax.

d) The Institute is Tax exempted under income Tax 35( I )( II )

e) What is meant by indirect support to Organisation by Government so that an organisation (NOG) COMES UNDER THE PREVIEW OF RTI Act ?


It will be nice if you can through some light on these issues.You may provide me other links/contact address in case you feel that they can provide me more/authentic information on these issues.

With kind regards.

Arun K Lall
Professor

[sidmis]

Hello Professer,
Welcome to RTI India.
Regarding your queries I have the following comments.

a) Wheather the Organisations established as Public Chairtable Instituions under the Society Act 1860 (XXI) are covered under RTI Act 2005 or not. (Some case histories)

Mere Registration under any Act does not bring any Entity it into the RTI Ambit.

Most glaring example is the Board of Cricket Control of India(BCCI).
View full discussion on this issue here.
http://www.rtiindia.org/forum/2648-b...d-rti-law.html

b) What is the legal status of these organisation as these are non profit earning? i.e. Autonomous or Private or Non Govt.Organisation, etc

Non-profit Charter is accorded after registration under Income Tax Act u/s 10 and other Sections. It does not mater whether it's Autonomous or Private or Non Govt.Organisation.

c) Do the status of such organisations changes if they get recoganisation from DSIR and get Custom duty exemption on one hand and the contributing Industory/Agency gets 100/125 percent rebate in tax.
d) The Institute is Tax exempted under income Tax 35( I )( II )
e) What is meant by indirect support to Organisation by Government so that an organisation (NOG) COMES UNDER THE PREVIEW OF RTI Act ?

If an organistion is enjoying substantial Tax benefits u/s 35AC or similar sections or has received substantial Govt. Aids/Grants/Assistance then it is liable to answer public queries under the RTI Act wrt those benefits or it can be brought into the RTI Ambit and declared as a Public Authority.

For Instance the Indian Olympics Association has been declared as a Public Authority under the RTI Act.

See full discussion here.
http://www.rtiindia.org/forum/1828-r...a-bai-etc.html

Sidharth

Here's another discussion.
http://www.rtiindia.org/forum/2459-n...i-queries.html

Another Delhi based NGO called "Servants of the People Society" had
doggedly fought against coming under the RTI Act and (almost) won the battle.

Details of CIC Decision is given here.

http://cic.gov.in/CIC-Orders/Decision_28052007_17.pdf

Decision by CIC
Thus, the Servants of People’s Society itself together with
Balwant Rai Vidya Bhavan Sr. Secondary School Masjid Moth,
Sr. Citizens Home, Dwarka and Sewak Ram Gramin Sewa Kendra
do not qualify as public authorities.
The Balwant Rai Mehta Sr. Secondary School however does.



Sidharth