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  1. #9
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    C J Karira
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    Re: Trying to declare IFFCO a PA a second time


    One of your second appeals against IFFCO was already decided here: http://rti.india.gov.in/cic_decision...76_M_55748.pdf

    So, is this a new case ?
    On what basis and what new facts are you trying to declare IFFCO as a PA once again ?


    › Find content similar to: Whether RTI Act is applicable on IFFCO or not?


    Twitter: @cjkarira

  2. #10
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    Re: Trying to declare IFFCO a PA a second time


    Do you have 2 user ids on this portal ?

    mohd.siddiqui and harunsiddiqui

    Please read similar thread here: http://www.rtiindia.org/forum/59740-...under-rti.html

    Two ids are NOT ALLOWED on this portal.
    Twitter: @cjkarira

  3. #11
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    Delayed CIC decision on IFFCO results in large-scale misappropriation of assets


    Delayed CIC decision on IFFCO results in large-scale misappropriation of assets

    Reported by Thomas Kurien in merinews.com on March 01, 2013
    Delayed CIC decision on IFFCO results in large-scale misappropriation of assets

    It refers to the long-pending petitions before a full-bench of Central Information Commission (CIC) for deciding Indian Farmers Fertiliser Co-operative Limited (IFFCO) to be a public authority under RTI Act.

    Hearing in the matter was complete but the decision kept pending for long. District Magistrate of Delhi South-West has now detected transfer of IFFCO property worth hundreds of crores in name of its Managing Director on 30.01.2013 - just two days before Department of Personnel & Training (DoPT) issued a circular making it clear that Central Vigilance Commission Act 2003 has jurisdiction over Multi-State Co-operative Societies such as IFFCO, KRIBHCO, and NAFED.


    Multi-thousand crores of rupees are annually being given as subsidy to IFFCO notorious for dubious transfer of IFFCO property in name of individual.

    Timely CIC decision in the IFFCO matter could prevent such criminal transfer of IFFCO property in name of individual because probability of such scandalous transfer of same property was also raised during the hearing.

    Delayed CIC decisions in such important matters kill the very purpose of transparency act. Liberal ex-party stay orders by courts on CIC decisions like long-pending in matter of KRIBHCO further hurt transparency Act. Union government should enlarge scope of section 2(h) of RTI Act by including Multi-State Co-operative Societies and all those getting land/property from government at concessional rates/lease etc., as public-authority under RTI Act.

    Meanwhile, all concerned ones including beneficiary of transferred IFFCO property should be immediately arrested with exemplary strict-most action initiated against them. IFFCO should be taken over by Union government.



  4. #12
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    Re: Whether RTI Act is applicable on IFFCO or not?



    The CIC has now ruled that IFFCO is not a PA under RTI.

    The full bench decision of the CIC is attached to this post.
    Attached Images Attached Images
    Twitter: @cjkarira

  5. #13
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    Re: Whether RTI Act is applicable on IFFCO or not?


    Reported by economictimes.indiatimes.com on August 16, 2013
    IFFCO does not come under RTI Act: CIC - The Economic Times

    IFFCO does not come under RTI Act: CIC

    NEW DELHI: Indian Farmers Fertiliser Cooperative Limited (IFFCO) does not fit in the definition of public authority and cannot come under the purview of RTI Act because subsidy cannot be construed as substantial financing, the Central Information Commission has held.

    A full-bench of the Commission pondered over the issue of government's financing of the fertliser manufacturer to conclude that Union government had high financial stakes in the paid-up share capital till 2004 but does not have any stake at present as it remitted the capital in that year.

    The Bench of Information Commissioners Sushma Singh, Basant Seth and M L Sharma agreed that the cooperative was getting huge subsidy from the central government but those concessions are being given to private sector players and is not unique to IFFCO.

    "The provisioning of subsidy is to keep the sale price of fertilisers low in the open market so as to keep it within the reach of farmers. Subsidy is not a grant. It is only a mechanism to pay the difference between the cost of production and the sale price of fertilisers," the Bench said.

    The Bench said that a number of PSUs were divested by the central government not too long ago but they cannot be deemed to be public authority unless there is evidence of control or substantial financing by the appropriate government.

    "In the factual matrix of the case, it is evident that the central government has not share capital in IFFCO as of now. Nor has it nominated any Director in the IFFCO's board of directors," the bench said.

    Rejecting the appeal of S C Agrawal and Dr M Haroon Siddiqui, it said subsidy cannot be construed as substantial financing of IFFCO.

    "We have no hesitation in coming to conclusion that IFFCO is not a public authority under section 2(h) of the RTI Act," it said.

  6. #14
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    Re: Whether RTI Act is applicable on IFFCO or not?


    In my opinion, lots of authorities and court orders were not pressed/quoted by our learned and TV/media savvy RTI Activist Mr Subhash Chand Agarwal.

    The IFFCO as such is performing public duty by reaching out to grassroot farmers and farmers cooperatve units especially in Haryana and almost all the Village level Cooperative Socities are funded by State Government of Haryana. These Societies hold shares in IFFCO and as a resultthe State is indirectly financing IFFCO. More over Ministry of Agriculture is nodal ministry of IFFCO and all the questions raised in Parliament on IFFCO are taken care by Ministry of Agriculture.

    There are some grants which I vividly remember were given to IFFCO by Central Government for upgradation of its Plants/Associate Plants.

    We have to dig out to find whether all the subsidies given by Government of India on fertilizers were passed on to farmers and if not, then it is state/public funding.

    We now need to go fully prepared as IFFCO is such a huge public sector unit to be allowed to be left out of RTI Act 2005.

    And appointment of MD/Directors are de facto done by Ministry of Agriculture, Government of India.

    Looking for suggestions from learned members of this August Forum.

    harinder dhingra

  7. #15
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    MANOJ B. PATEL (Krushnanand)
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    Whether RTI Act is applicable on IFFCO or not?


    In a major boost to IFFCO’s legal stand that being member-driven cooperative it lies beyond the purview of the RTI Act- has been upheld by the Delhi High Court on Monday. RTI activist Subhas Chandra Agrawal had appealed in the High Court against the CIC judgment delivered in 2013 in favour of IFFCO.
    Chandra had engaged the famous lawyer Prashant Bhushan but the honourable court dismissed the arguments and ruled that IFFCO does not fall under RTI Act as it has no government equity and also it is not a ‘public authority’ under Section 2(h) of the Act.
    Senior Advocate Arvind Nigam and Rajiv Bansal argued for IFFCO.
    The legal wrangle started with the petitioner Subhash Chandra Agrawal filing an application in the year 2011 under the RTI Act and sought various information from it. By a letter, IFFCO rejected the said application stating that it has no government equity and IFFCO is not a ‘public authority’ under Section 2(h) of the Act.
    In 2013 the first appeal filed by Subhash Chandra Agarwal against the letter dated 03.02.2011 was also rejected. Thereafter, Subhash Chandra Agarwal filed a second appeal before the CIC and after its rejection too , it filed an appeal in the High Court.
    The question before the High Court was to ascertain whether IFFCO is substantially financed and /or controlled by the appropriate government so as to fall within the sweep of Section 2(h) of the Act.
    The petitioners relied on the decision of the Court in Krishak Bharti Cooperative Ltd. v. Ramesh Chander Bawa: (2010) 118 DRJ 176 in support of their contention.
    After hearing the arguments of the petitioner the Court felt that although, IFFCO was established by the funds provided by the Central Government, the said funds had been returned and the equity has been re-purchased. It was also asserted that IFFCO had paid substantial dividends to the Central Government on the equity subscribed by the Central Government.
    If you do not ask, you do not get.

    ~ Mahatma Gandhi

  8. #16
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    Re: IFFCO is not a Public Authority- Delhi High Court.


    Unfortunate event for the RTI Act as a whole.

    hd

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