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Atul Patankar

As reported by Ajay Sura at timesofindia.indiatimes.com on 10 May 2011

 

CHANDIGARH: Some of Punjab`s cash-rich institutions, including the Punjab Cricket Association (PCA), will be under the purview of the Right to Information Act.

 

Upholding a State Information Commission, Punjab, order, the Punjab and Haryana High Court on Monday brought PCA under the RTI. The court has also directed that the Chandigarh Lawn Tennis Association, Gymkhana Club, Jallandhar, Sutlej Club, Ludhiana, will come under the RTI.

 

Also included are all co-operative societies, co-operative sugar mills, co-operative house building societies and co-operative banks in Punjab and Haryana and private schools controlled under the Education Act in Haryana.

 

Justice MS Sullar heard a bunch of petitions filed by various organizations challenging the orders passed by the state information commissions of Punjab and Haryana. The petitions were regarding the applicability of RTI Act to sports associations, sports clubs, co-operative sugar mills, co-operative house building societies and co-operative banks in the two states. Petitioners had also sought direction to declare those bodies as "public authorities" under the RTI Act.

 

Sullar expressed shock over the growing tendency on the part of institutions to deny information and attempting to defeat the RTI Act, which has been enacted to introduce transparency. He also referred to "corruption eating into the democratic fabric like a parasite."

 

Justice Sullar said PCA was given 13.56 acre land at a token rental of Rs100 a year. It has received grants from PUDA (Rs 10.15 lakh), Punjab Sports Council (Rs 15 lakh), Punjab Small Savings (Rs 77 lakh) and BCCI (Rs 2,026.66 lakh). It has also received Rs 8.50 crore from PUDA to construct the stadium and Rs.1.65 lakh for the construction of Club House. This makes it a "public authority," the judge said.

 

He also noted that exemption from entertainment duty to PCA and other sports bodies by the government also amounted to "substantial finance" to them.

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dr.s.malhotra

HC: Aided schools, clubs are under RTI

as reported by Saurabh Malik/TNS as appeared on 10th May , 2011

can be seen here :

http://www.tribuneindia.com/2011/20110510/punjab.htm#4

Chandigarh, May 9

Holding that availability of information is necessary to curb corruption, the Punjab and Haryana High Court today heralded a new period in transparency and answerability by ruling that substantially aided clubs, aided schools and cooperative bodies, including sugar mills, house building societies and banks, are covered under the Right to Information Act.

The Mohali Punjab Cricket Association, Chandigarh Lawn Tennis Association, Jalandhar Gymkhana and Ludhiana Sutluj Club are among those affected by the order.

In a first, Justice MS Sullar said: “It is clearly established and is hereby held not only that the petitioner-institutes are bodies owned and controlled by the state government, in view of the provisions of the relevant Acts and rules, the same are authorities substantially financed by funds provided directly or indirectly by the appropriate government as well. Hence, they are public authorities within the meaning of the RTI Act, which serves a larger public interest.”

Taking up 19 petitions by Hindu Urban Cooperative Bank Limited and others, Justice Sullar asserted: “As strange as it may seem, strictly speaking the tendency of some institutions of not supplying and taking a somersault in denying information has been tremendously increasing day by day, leaving the public at large in general and information seekers in particular in the lurch…”

Going into the background of the controversy, Justice Sullar observed: “The requisite information was not supplied by the State Public Information Officers of the institutions, mainly on the ground that they do not fall within the ambit of public authorities, and the provisions of the RTI Act were not applicable to them”. It was also argued that direct or indirect financial help provided by the appropriate government was “not substantial” as envisaged under the RTI Act.

Justice Sullar said: “What is not disputed is that the word substantial has not been defined under the RTI Act and has no limited or fixed meaning. For the purpose of legislation, it has to be construed in its ordinary and natural sense relatable to the aims, fundamental purpose and object sought to be achieved to provide transparency and to contain corruption and to promote accountability under the RTI Act.”

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advocate rajesh

Punjab and Haryana High Court has given a very Good Judgenet on RTI many will be benifitted. This news is flaced in news paper "The Tribune"

 

HC: Aided schools, clubs are under RTI

Saurabh Malik/TNS

Chandigarh, May 9

Holding that availability of information is necessary to curb corruption, the Punjab and Haryana High Court today heralded a new period in transparency and answerability by ruling that substantially aided clubs, aided schools and cooperative bodies, including sugar mills, house building societies and banks, are covered under the Right to Information Act.

The Mohali Punjab Cricket Association, Chandigarh Lawn Tennis Association, Jalandhar Gymkhana and Ludhiana Sutluj Club are among those affected by the order.

In a first, Justice MS Sullar said: “It is clearly established and is hereby held not only that the petitioner-institutes are bodies owned and controlled by the state government, in view of the provisions of the relevant Acts and rules, the same are authorities substantially financed by funds provided directly or indirectly by the appropriate government as well. Hence, they are public authorities within the meaning of the RTI Act, which serves a larger public interest.”

Taking up 19 petitions by Hindu Urban Cooperative Bank Limited and others, Justice Sullar asserted: “As strange as it may seem, strictly speaking the tendency of some institutions of not supplying and taking a somersault in denying information has been tremendously increasing day by day, leaving the public at large in general and information seekers in particular in the lurch…”

Going into the background of the controversy, Justice Sullar observed: “The requisite information was not supplied by the State Public Information Officers of the institutions, mainly on the ground that they do not fall within the ambit of public authorities, and the provisions of the RTI Act were not applicable to them”. It was also argued that direct or indirect financial help provided by the appropriate government was “not substantial” as envisaged under the RTI Act.

Justice Sullar said: “What is not disputed is that the word substantial has not been defined under the RTI Act and has no limited or fixed meaning. For the purpose of legislation, it has to be construed in its ordinary and natural sense relatable to the aims, fundamental purpose and object sought to be achieved to provide transparency and to contain corruption and to promote accountability under the RTI Act.”

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karira

Attached to this post are the are the applicants RTI Application to PCA, the first hearing order, rebuttal to the PCA reply and final order of the SIC regarding PCA.

 

The judgment of the Punjab & Haryana High Court, referred to in the above news report, is available here:

 

http://www.rtiindia.org/forum/downloads/court-judgements-rti-issues-1/pca-some-coop-societies-aided-schools-etc-pas-24/

12-18-08 PCA Decision Last Grover SICP.doc

09-18-07 PCA RTI Application.doc

19-08-08 PCA Public Body SICP Order.doc

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karira

As reported in timesofindia.indiatimes.com on12 May 2011:

http://articles.timesofindia.indiatimes.com/2011-05-12/ludhiana/29535407_1_bearers-public-information-officer-court-orders

 

Sutlej Club office-bearers mull moving apex court

 

LUDHIANA: The office-bearers of Sutlej Club have decided to continue with their battle after the Punjab and Haryana high court dismissed their plea, in which they had requested that the club should not come under the purview of the Right to Information (RTI) Act because they were not accepting any grants from the government.

 

The office-bearers will conduct a meeting of executive members and decide whether to file a case in the Supreme Court. With the high court dismissing the club's plea on May 9, anybody can now seek information from it under the RTI Act. The office-bearers said they had proper records and so they were not scared of providing information under the Act.

 

The decision has divided office-bearers, with a few holding that they should accept the court orders and appoint a public information officer in the club for providing information. Some, however, said they already provide information to the club members free of cost.

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Pradip Shah

Requested the sports club of gujarat ahmedabad to appoint poi as i believe as per the sutlaj club decision scg is also covered under ambit of rti

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