Rti

[DR MANISH]

respected sir i want to know that private dental college and medical college aided and not aided do the come under rti or not

[karira]

Dr Manish,

The Non aided colleges will not directly come under the RTI Act 2005. But information related to them can be accessed by filing a RTI with the Government Authority that controls the running of those colleges. This is as per Sec 2(f) of the Act:

f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

For those colleges which are "aided" you will have to see Sec 2(h) which defines "Public Authority". Sec 2(h)(d) states:

d) by notification issued or order made by the appropriate Government, and includes any—
1 body owned, controlled or substantially financed;
2 non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;

Reading some of the threads in the following search will also help you decide how to approach the situation:

http://www.rtiindia.org/forum/search/searchid-37288/

Please also read the following threads:

Are Private Colleges covered under RTI
'substantially financed' while defining any organization to be Public Body.

There are several other ways (besides financing) to decide whether a entity is a "Public Authority" under the RTI Act or not:
- Does it have land given by the Government
- Any Government nominees on its board of directors, management committee, etc.
- Is it using any public facilities
- Is it a public utility which has monopoly
- Annual grants, Discretionary grants, grants from Govt. bodies (like UGC in your case)