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


    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<!-- google_ad_section_end -->


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  2. #2
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    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.


    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

  3. #3
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    Arun Agrawal
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    Re: Wheather the Organisations established as Public Chairtable Instituions under the Society Act 1860 (XXI) are covered under RTI Act 2005 or not


    I believe that the main criteria for coverage under the RTI Act is substantial Government financial assistance, not tax exemptions . If that were so, all NGOs which enjoy tax reliefs of one kind or the other would come under the ambit of the RTI . In any
    case, to be covered as such, it is the CIC which must look into this and determine the
    eligibility or otherwise on a case to case basis .

  4. #4
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    Re: Wheather the Organisations established as Public Chairtable Instituions under the Society Act 1860 (XXI) are covered under RTI Act 2005 or not



    If U want info under RTI from Public Trust you may refer article on private entity info on page No. 1 of my blog jps50
    It takes each of us to make difference for all of us.

  5. #5
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    C J Karira
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    Re: Wheather the Organisations established as Public Chairtable Instituions under the Society Act 1860 (XXI) are covered under RTI Act 2005 or not


    Arun,

    This is a very old thread.
    Please refer to discussions here also:
    http://www.rtiindia.org/forum/5071-p...formation.html

    Besides what was said in my post:
    http://www.rtiindia.org/forum/5071-p...html#post17303

    there are several other criteria which have been used by the CIC (and some SIC's) to define Public Authority:

    1. IRWO: The Board held office by virtue of being in railways, the application for formation was moved by Railwys, the cars had number plates with the caption "Ministry of Railways".
    2. NAFED/NCCF: Losses are supported by te government (http://www.rtiindia.org/forum/7926-h...ommission.html)
    3. Stock Exchanges: Matter stayed by court.
    etc
    etc
    etc

    But it is more interesting to note, is the pains taken by some entities to escape RTI under the guise of not being PA. What are they trying to hide ?

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


    The reasons ( for NGOs trying to evade coming under the ambit of RTI Act ) are not difficult to guess . Most of the NGOs, formed for social developmental purposes, are family businesses and formed mainly to make money out of Government grants and
    siphon off funds . Elections, wherever required by the statutes are simply a sham, and
    in case of one of the Cooperative Societies in Delhi I got information by way of RTI that the same set of 4 people rotate every year in the "elections" as President, Vice President, Secretary and Treasurer . If RTI Act will apply to them , their freedom to use Government and other Foundations/Banks grants/financial support will be curbed . Moreover, if such an information (of misuse ) is provided, they may loose their charitable status and become liable to be taxed . I have first hand information having been associated with several NGOs and observed their working from a close distance .

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