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Thread: S.2(h) of RTI Act

  1. S.2(h) of RTI Act


    S.2(h) defines term "public authority"It includes body owned, controlled or "Substantially Financed".
    Can any one give her/his views as to what the term means?
    Or
    How to interpret this term as this is very important part of the definition of public authority creating disputes?




  2. Dear Narayanvarma,
    The following is the detailed version of the term "public authority" as provided in our portal as well as the CIC web-site. It 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;

    As the RTI Act itself is in the stage of evolution, there is bound to be some initial confusion and haggling over the terms which have not been properly defined in the Act. As you have rightly pointed out, the term substantially financed is neither defined under RTI Act nor under any other Act. Hence the contesting parties will come out with their own version/interpretation of these terms. It has already happened in several cases before the CIC and the CIC has given its ruling in such cases.

    Therefore in respect of new enactments, wherever the existing definitions are insufficient, the interpretation of the same has to be evolved only through case laws.


  3. Hello,
    Adding to what Ganpat has said, the CIC did interpret the meaning of Substantially Financed. You can get the complete information I posted about 'Substantially Financed' here:
    http://www.rtiindia.org/forum/188-su...blic-body.html



  4. As a matter of fact, you can check up the glossary term I just added. Click on to the word 'Substantially Financed' to know more about it from any forum post.

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