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    Committees are not Public Authority


    rtiindia

    [caption id=attachment_2269" align="alignright" width="300]Committees are not public authority Committees are not public authority[/caption]

     

    CIC has decided that a Committee does not fall under the category of Public Authority as defined in the RTI Act.

     

    CIC stated that: "It is pertinent to mention here that section 2(h) of the RTI Act,2005 define the public authority. The relevant section 2(h) of the RTI Act, 2005 reads as follows:-

     

    “Public authority means any authority, institution, self-government, established/ constituted by ....................................................................................................... body owned, controlled or substantially financed. (by the government) "

     

    In view of phraseology, used in the subsection above, it is amply clear that the refusal of the committee in imparting the required information on appellant’s RTI application is justified under section 2(h)(d)(i) of the RTI Act, 2005. "

    Committees are not Public Authority

    Section  2(h)(d)(i) of the RTI Act, 2005 refers to "body owned, controlled or substantially financed;"

     

     

    (M.A. Khan Yusufi) Information Commissioner

    File No. CIC/SS/A/2013/001141/KY, 16.01.2014

    Wg. Cdr. Iqbal Singh Banga, Noida

    Organisation: M/o Corporate Affairs,O/o Official Liquidator

     

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    Dear sir, I was cheated by one of our relatives... In this Connection I want to file an RTI appeal with the help of Mr. Sheetal a listed RTI activist from your forum. As t he incident belong to that area of Hyderabad , I feel it will be easier to him to deal with. An interaction with him may please be arranged with me (Via) face book chat my fb id. is Madhusudhan Tadinada, (or).email (Or) Mob. 09819325749. at present I am in Bombay...With Kindest regards.. Thanks. ...

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    You need to contact him by details given at our site. We do not undertake any such meeting arrangements.

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    The above mentioned CIC decision (Dtd 16/01/2014) can NOT be generalized for ALL the “Committees”. A ‘body’ in question, can only be weighed through section 2(h), to regard it as a Public Authority. If it is substantially financed (directly or indirectly) by by Govt., automatically it becomes a ‘PA’ & under the purview of RTI. The disjunctive ‘OR’ in the section 2(h)(d)(i) [body owned, controlled OR substantially financed ], alone makes the body a ‘Public Authority’.
    Let me broach another CIC decision where a COMMITTEE (NJCS) was declared as a Public Authority, as it is substantially financed by public fund. (http://www.rti.india.gov.in/cic_decisions/CIC_LS_A_2012_002516_M_100494.pdf) .

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    Similar Thing has happened in case of my RTI. The Information commissioner gave decision that Same of the Selection/Interview Committee Members are exempted under RTI act 2005. Whereas I have already attached the copy of CIC decision (By Hon'ble Information Commissioner Shailesg Gandhi) which clearly states the discolosour of both Minutes of Selection Committee and Name, Designation of Its committee members. I tried to give reference to Information Commissioner however he dismissed by appeal and asked to give the submission and did not even heard me(Appellant).

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