Need Help: Applicability of RTI

[akshayshahca]

Dear Members,


I would like to seek your help on applicabiltiy of RTI.

My Querry is as follows:

Whether RTI is applicable to Public Trust owning and maintaining Temples, Mandirs, Daherasars etc??? These trusts are formed under the category of Public Trusts and also avail exemption U/s 12 of the Income Tax Act.

On reading the definition of Public Authority under RTI Act, it seems that these are covered as it is governed by Central or State Act. However, its not clear to me..

The above point may have already discusssed in the forum. As I am new to this forum, putting these questions for reply of learned co-members.

Regards,

Akshay Shah

[karira]

Akshay,

You have to see whether:

- The trust is substantially financed by the Government
- Whether the Government has any control over it by way of number of trustees, any other support provided etc.
- Whether the trust uses any Government property, assets, etc for which it does not pay or pays only a nominal amount

Depending on the answers to the above three, you can decide whether the trust is a Public Authority or not.

In any case, the trust must be reporting to some government department - like the Charities Commissioner or the Endowments department, etc. You can also try to get the information you are seeking through them:

Sec 2(f) defines "information" as:

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;

[akshayshahca]

Dear Kariraji

Thank you for your reply.

Sec. 2 h reads as under

h)	"public authority" means any authority or body or institution of self- government established or constituted—

a)	by or under the Constitution;

b)	by any other law made by Parliament;

c)	by any other law made by State Legislature;

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;

Well, in my querry, the trust is controlled by respective state government Trust Act. As in the case of Trusts in Gujarat and Maharashtra, they are controlled by Bombay Public Trust Act. Even, one can seek information of the trust from Charity Commissioner's office by paying prescribed fee and asking the information in prescribed form and format. The balance sheet and other records are also open to public for verification and even one can obtain copy of that from Charity Commissioner.

Though the trust are not financed by any government organisation, state or central, by applicability of control as above, can it be treated as Public Authority????

Reply..

[taurus]

It is not 'controlled' by the Govt. It is 'governed' by the particular Act. That makes the difference.

[sandeepbaheti]

The definition of public authority has been posted above. An organisation does not become a public authority merely due to eligibility for tax exemption under various sections of the Income Tax Act.

[jps50]

These are all private entities and U can get required info under section 2[ f ] of RTI act, by applying to SPIO of Charity Commissioner's Office of the area. YOU can get info which is already with the Charity Commissioner and rest of the info he will suck from the concerned trust and supply it to you. U have to apply Gujarat RTI Rules for format and fee, which are available in guide section [top right of this page]. If U want info for trusts functioning in other states, U have to follow rules of that state.

[akshayshahca]

Dear Shri JPji

I was in doubt by one of the replies above which states that there is difference between Control and Govern..

An organisation should be controlled by any government. This applies only to Government Organisation. As there is No.2 at the end of Sec.2 h (d) which is meant for non government organisations. (As No.2 is separately given, to my view 1 is for Government organisations only) I just reproduce that part of definition of public authority...

.......
Sec. 2 h
......

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;

To my view, a non government organisation can only be said a public authority only if it is substantially financed, directly or indirectly by funds provided by the appropriate Government.

However, as suggested by you, I have referred Sec.2 (f). I think you are correct in your view. One can get information from SPIO and he in turn provide the information sucking from that particular organisation..

Please provide your feedback whether you have suceeded to get any such information of such public trusts... Your success story (without names, if u wish) can help me to boost myself to get the required information on ur footsteps..

Thanks & Regards,

Akshay Shah.

[jps50]

In one coop bank in gujarat, information is despatched to my friend. In other coop bank case, Dist Registrar has asked bank to supply info to it so that it can be given to my another friend. Yday I have posted separate blog for accessing info of private entity at
http://www.rtiindia.org/forum/blogs/...under-rti.html

[akshayshahca]

Shri JPji..

Thanx for your valuable feedback. I have gone through the details. I could not locate the page containing information about locating PIO. Though I am aware about PIO in my case, i would like to keep the same for my future reference.

I have also gone through you earlier post about How to make the Application effective.. It is in deed useful for an effective application.

I also got a judgement yesterday on the same line. You must be aware of them. However, I am attaching the link here..

GIC - Gujarat Information Commission

Thanks & Regards,

Akshay Shah.

[jps50]

It is in guide section of this page [top right] at http://www.rtiindia.org/guide/how-to...i-act-2005-27/

[akshayshahca]

Dear JPji...

Thanks for the valuable information.

Regards,

Akshay Shah