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Thread: Are Private Colleges covered under RTI

  1. #9
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    C J Karira
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    Re: Are Private Colleges covered under RTI


    Gaurav,

    Institute of CA is clearly a Public Authority as defined in the RTI Act.

    Further, 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;

    As per your description of the private coaching classes, they do have a relationship with ICA.
    Therefore ICA, as a PA, has "access" to information held by the coaching classes.

    You can apply for the information to ICA.



  2. #10

    Re: Are Private Colleges covered under RTI


    Hi there,

    Thanks for your reply.
    But i want to go further one step ahead of this.
    I understand that the Institute will have access to information relating to the private coaching classes and the institute will be covered under the RTI being a PA.
    But i want to explore whether the coaching class itself can be directly covered under the RTI and should appoint a PIO and also provide the required information about its own activities since it is part of the PA (institute).

    Thanks again,

  3. Re: Are Private Colleges covered under RTI


    No. Coaching classes are not covered under RTI as they do not fall under the definition of PA. You can't have direct access to their information. All you can do is file an RTI application with ICAI and seek whatever information relating to coaching classes is held by ICAI.
    By the way, so far as my knowledge goes coaching institutes work independently and hardly any information would be held by ICAI.

  4. #12

    Re: Are Private Colleges covered under RTI



    In general, all govt. and private medical, engineering, nursing, pharmacy, and UG/Pg private institutions come under the purview of RTI.

    See

    (I)

    "Public Authority" means any authority or body or institution of self
    government established or constituted-
    a) by or under the constitutions;
    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-
    i) body owned, controlled or substantially financed;
    ii) non Government organization substantially financed, directly or
    indirectly by funds provided by the appropriate Government.

    Generally all medical, engineering, nursing, pharmacy, and UG/Pg private institutions come under notification issued or order made by the appropriate
    State / central Government "Constituted" by any Govt Act.

    (II)

    Generally all medical, engineering, nursing, pharmacy, and UG/Pg private institutions come under notification issued or order made by the appropriate
    State Government "Constituted" by any State and Central Govt Act.


    "The word "Constituted" does not necessarily mean "created" or "set up"
    though it may mean that also. It also includes the idea of clothing the
    agreement in legal form. The word in its wider significance, word include
    both the idea of creating or establishing and the idea giving a legal form
    to, a partnership/giving legal shape".
    (M/s R.C. Mitter and sons v/s Commission of Income Tax, AIR
    1959 SC 868.)
    Attached Files Attached Files

  5. #13

    Re: Are Private Colleges covered under RTI


    http://www.rtiindia.org/forum/attach...n-he-ms100.pdf

  6. Re: Are Private Colleges covered under RTI


    Recently Nagpur bench of Maharashtra SIC has decided that unaided colleges are also Public Authority under RTI.
    It takes each of us to make difference for all of us.

  7. #15

    Re: Are Private Colleges covered under RTI


    hiiiii friends.I was having the same doubt that deemed university come under the RTI or do not.I was happy to know that they come under RTI.But no one knows about it.

  8. Re: Are Private Colleges covered under RTI


    Quote Originally Posted by drsunil2008 View Post
    hiiiii friends.I was having the same doubt that deemed university come under the RTI or do not.I was happy to know that they come under RTI.But no one knows about it.
    Only recently CIC ruled that deemed universities were public authorities. But it is possible that the concerned deemed university may go to High Court and obtain a stay order.

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