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Thread: Whether RTI Act is applicable on IFFCO or not?

  1. #1

    Whether RTI Act is applicable on IFFCO or not?


    Dear friends

    I have been asked to give my comments on whether Indian Farmers Fertilizers Cooperative Ltd [IFFCO] is covered under RTI Act or not? I sent a reply which I am reproducing below for your comments and observation.

    Waiting for your comments.

    Thanks and Regards.

    Divya Jyoti Jaipuriar
    Advocate
    [***Email Link Deleted***]
    _______________________________________________________________

    Dear Mr Roy
    Thanks for your mail.

    In response to the question, whether IFFCO is covered under RTI Act or not, I have to make following observations:

    1. If you see the definition of the "Public Authority" in the Right to Information Act, the intent of this definition is that every authority which us discharging its duties as an instrumentality of "State" is a "Public Authority". The scope of this term is very wide. In fact, the term includes not only authorities covered under Article 12 of the Constitution, but other agencies like and NGO etc. are also covered under the Act. If I re-frame this statement, it can be said that the term "Public Authority" includes all instrumentality of Article 12 and other agencies which are substantially funded by the Government Agencies.

    2. This provision of RTI Act provides that the any organisation which receives substantial funding from Central or State Government is also covered under the definition of the "Public Authority" But the RTI Act does not define the term "substantial funding". This term, however is defined in CAG Act which states that if any organisation received funding from the Central or State Government to the extent that 75% of its total budgetary requirement is satisfied, then only it can be said that the organisation has been "Substantially funded". In such a case, to apply RTI Act on IFFCO, we have to know how much money does it get from the Central Government and/or State Government either in form of subsidy in production or otherwise. The annual report and financial statement of IFFCO will help us in getting this information.<script><!--D(["mb","\u003c/div\u003e\n\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003e3. So, to find out that whether the instrumentality is covered under the definition of term \u0026quot;Public Authority\u0026quot; or not, it is necessary to see whether the instrumentality is covered under the term \u0026quot;State\u0026quot; or not, or the instrumentality is substantially financed or not. With respect to IFFCO, it is a Co-operative Society, on the face of it, it appears that*the term \u0026quot;Public Authority\u0026quot; does not cover it. But if you see the Supreme Court Judgments, like Ajay Hasia vs Khalid Mujib Sehravardi, Sukhdev Singh \u0026amp; Ors. vs. Bhagatram Sardar Singh Raghuvanshi \u0026amp; Anr, Ramanna Dayaram Shetty vs. The International Airport of India \u0026amp; Ors. etc, the Court has laid dowd certain principle to ascertain whether the instrumentality is covered under Article 12 or not. In Steel Authority of India Ltd. \u0026amp; ors. Etc. Etc. vs. National Union Water Front Workers \u0026amp; Ors, Supreme Court quoted as under, while interpreting Article 12 stated:\u003c/div\u003e\n\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003e\u0026quot;In Sukhdev Singh \u0026amp; Ors. vs. Bhagatram Sardar Singh Raghuvanshi \u0026amp; Anr., this court [Supreme Court], in the context whether service Regulations framed by statutory corporations have the force of law, by majority, held that the statutory corporations, like ONGC, IFFCO, LIC established under different statutes fell under other authorities and were, therefore, State within the meaning of that term in Article 12 of the Constitution. The Court took into consideration the following factors, (a) they were owned, managed and could also be dissolved by the Central Government; (b) they were completely under the control of the Central Government and (c) they were performing public or statutory duties for the benefit of the public and not for private profit; and concluded that they were in effect acting as the agencies of the Central Government....\u0026quot;\u003c/div\u003e\n\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003eIn Sukhdev Singh case, though the Court did not take up the issue of IFFCO in particular, but with respect to the Steel Authority Case, it is amply clear that IFFCO is an instrumentality of State and so is well within the scope of the term \u0026quot;Public Authority\u0026quot;.",1]);//--></script>

    3. So, to find out that whether the instrumentality is covered under the definition of term "Public Authority" or not, it is necessary to see whether the instrumentality is covered under the term "State" or not, or the instrumentality is substantially financed or not. With respect to IFFCO, it is a Co-operative Society, on the face of it, it appears that the term "Public Authority" does not cover it. But if you see the Supreme Court Judgments, like Ajay Hasia vs Khalid Mujib Sehravardi, Sukhdev Singh & Ors. vs. Bhagatram Sardar Singh Raghuvanshi & Anr, Ramanna Dayaram Shetty vs. The International Airport of India & Ors. etc, the Court has laid dowd certain principle to ascertain whether the instrumentality is covered under Article 12 or not. In Steel Authority of India Ltd. & ors. Etc. Etc. vs. National Union Water Front Workers & Ors, Supreme Court quoted as under, while interpreting Article 12 stated:

    "In Sukhdev Singh & Ors. vs. Bhagatram Sardar Singh Raghuvanshi & Anr., this court [Supreme Court], in the context whether service Regulations framed by statutory corporations have the force of law, by majority, held that the statutory corporations, like ONGC, IFFCO, LIC established under different statutes fell under other authorities and were, therefore, State within the meaning of that term in Article 12 of the Constitution. The Court took into consideration the following factors, (a) they were owned, managed and could also be dissolved by the Central Government; (b) they were completely under the control of the Central Government and (c) they were performing public or statutory duties for the benefit of the public and not for private profit; and concluded that they were in effect acting as the agencies of the Central Government...."

    In Sukhdev Singh case, though the Court did not take up the issue of IFFCO in particular, but with respect to the Steel Authority Case, it is amply clear that IFFCO is an instrumentality of State and so is well within the scope of the term "Public Authority".<script><!--D(["mb","\u003c/div\u003e\n\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003e4. Further, while deciding whether a Co-operative Society is an instrumentality of Article 12 or not, in U.P. State Co-Operative Land Development Bank Limited vs. Chandra Bhan Dubey and Ors.stated that the Co-operative Societies which act as an extended arm of the State, and is also controlled by the State, is also covered under article 12. To quote the Supreme Court Judgment:\u003c/div\u003e\n\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003e\u0026quot;... It is not necessary for us to quote various other sections and rules by all these provisions unmistakably show that the affairs of the appellant [U.P. State Co-operative Land Development Bank Limited] are controlled by the State Government though it functions as a cooperative society and it is certainly an extended arm of the State and thus an instrumentality of the State or authority as mentioned under Article 12 of the Constitution.\u0026quot;\u003c/div\u003e\n\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003eIFFCO is also an extension arm of the Central Government. Though it is registered as a Co-operative Society under Multi- State Co-operative Societies Act 1985, it is controlled by the Central Government for its operations of production and distribution of fertilisers.\u003c/div\u003e\n\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003eI, therefore, am of the opinion that IFFCO is covered under the definition of term \u0026quot;Public Authority\u0026quot; of the RTI act and thus, RTI Act does apply to it.\u003c/div\u003e\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003eI hope my observation will help you in drafting your reply on the issue.\u003c/div\u003e\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003eWith warm regards!\u003c/div\u003e\n\u003cdiv\u003e*\u003c/div\u003e\n\u003cdiv\u003e\u003cstrong\u003eDivya Jyoti Jaipuriar\u003c/strong\u003e\u003c/div\u003e\n\u003cdiv\u003eAdvocate\u003c/div\u003e\n\u003cdiv\u003ePublic Cause Research Foundation\u003c/div\u003e\n\u003cdiv\u003e(A Parivartan Initiative)\u003c/div\u003e\n\u003cdiv\u003eG-139/F2, Dilshad Colony\u003c/div\u003e\n\u003cdiv\u003eDelhi 110095\u003c/div\u003e\n\u003cdiv\u003eTel/ Fax: +91 11 22356759\u003c/div\u003e\u003cbr clear\u003d\"all\"\u003e\u003cbr\u003e-- \u003cbr\u003eDivyaJyoti Jaipuriar, Advocate\u003cbr\u003ePublic Cause Research Foundation\u003cbr\u003e(A Parivartan Initiative)\u003cbr\u003e\u003ca href\u003d\"https://www.parivartan.com\" target\u003d\"_blank\" onclick\u003d\"return top.js.OpenExtLink(window,event,this)\"\u003ewww.parivartan.com\u003c/a\u003e\u003cbr\u003e\n\u003ca href\u003d\"mailto:divyajyoti@jaipuriar.com\" target\u003d\"_blank\" onclick\u003d\"return top.js.OpenExtLink(window,event,this)\"\u003e",1]);//--></script>

    4. Further, while deciding whether a Co-operative Society is an instrumentality of Article 12 or not, in U.P. State Co-Operative Land Development Bank Limited vs. Chandra Bhan Dubey and Ors.stated that the Co-operative Societies which act as an extended arm of the State, and is also controlled by the State, is also covered under article 12. To quote the Supreme Court Judgment:

    "... It is not necessary for us to quote various other sections and rules by all these provisions unmistakably show that the affairs of the appellant [U.P. State Co-operative Land Development Bank Limited] are controlled by the State Government though it functions as a cooperative society and it is certainly an extended arm of the State and thus an instrumentality of the State or authority as mentioned under Article 12 of the Constitution."

    IFFCO is also an extension arm of the Central Government. Though it is registered as a Co-operative Society under Multi- State Co-operative Societies Act 1985, it is controlled by the Central Government for its operations of production and distribution of fertilisers.

    I, therefore, am of the opinion that IFFCO is covered under the definition of term "Public Authority" of the RTI act and thus, RTI Act does apply to it.

    I hope my observation will help you in drafting your reply on the issue.

    With warm regards!

    Divya Jyoti Jaipuriar
    Advocate
    Public Cause Research Foundation
    (A Parivartan Initiative)
    G-139/F2, Dilshad Colony
    Delhi 110095
    Tel/ Fax: +91 11 22356759


    Last edited by Shrawan; 12-04-08 at 09:56 PM. Reason: live email link deleted

  2. #2
    Posts
    44,499
    Name:
    C J Karira
    Blog Entries
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    From the face of it and the "financial" structure of IFFCO, it does not look like that it is a "Public Authority".

    But there is a solution. Please check your PM.

    Sorry, that line - But there is a solution. Please check your PM. was not for this post.
    Just got pasted since I was using "Copy/Paste" from a txt file ! and got disconnected.

    =====================
    Now continuing...

    But, if you visit:

    Department of Fertilizer

    Introduction says:
    There are nine public sector undertakings and two cooperative societies under the administrative control of the Department of Fertilizers.

    Then if you look further down and click on the "Cooperative Sector" link, you get the names of the two cooperatives: IFFCO and KRIBHCO
    So, the Government itself is saying that IFFCO is a "Public Authority" as defined in Sec 2(h)(d)(1) !
    2 h) d)
    1.
    body owned, controlled or substantially financed;

    By the way, CIC has already ruled (and correctly so) that KRIBHCO is a PA.

    https://cic.gov.in/CIC-Orders/Decision_10072007_15.pdf


    Twitter: @cjkarira

  3. #3

    Iffco under RTI


    Iffco is a public authority and is covered under rti act

  4. Re: Iffco under RTI



    Demerged post from another thread and started a separate thread

  5. Re: Iffco under RTI


    Yes. It is under RTI
    It takes each of us to make difference for all of us.

  6. #6

    Re: Iffco under RTI


    Dear Sir,
    Pleas inform the details and if any decession that IFFCo is a public authority covered under RTI Act.The Iffco refused to furnish the information of my RTI application with quoting a decession ofCIS No2656/1C(A)/2008 F.N.CIC/MA/A/2008/00728&29 that IFFC is not a public authority.I shall be obliged to know more details in this regards
    yours Haroon Siddiqui

  7. Question Trying to declare IFFCO a PA a second time


    CIC has declare on the basis of matarial facts placed before him that IFFCO is not a public authority.how ever in a period of years new facts,developments and judgments kave come to light which supports that IFFCO should now be treated as a public authority.The second appeal filed in this regard has been returned by the Registrar with out consideration of CIC on the basis of new facts enumerated in the second appeal.Weather the Registrar is empower to return the appeal.What is the reedy now left for consideration of the second appeal.Dr.m./Haroon Siddiqui

  8. #8
    Posts
    44,499
    Name:
    C J Karira
    Blog Entries
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    552

    Re: Trying to declare IFFCO a PA a second time


    Can you please exactly reproduce what did the Registrar say in his letter or upload his letter ?
    This will help our members to guide you better.
    Twitter: @cjkarira

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