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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. 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
rowan posted a question in Ask for Non RTI SupportDear sirs. I have been especially impressed with wealth of knowledge rtiindia.org brings about in the open . Especially abhi987 has done a commendable job with view to co-operative housing affairs .(just discovered this site, so am not in a position to mention other helpful members as yet) . I too wish to build up my body of knowlegge in co-operative society affairs with regards to right /duties of the secretary , chairman , managing commiteee. So hoping some kind members can suggest where i should start apart from surfing the net . Thanks Rowan
hi guys I am facing a peculiar problem as regards to open car parking allotment in the common premises (compound) I have a single flat in my name but the builder had given me 3 parking slots as per payments duely made by me . Now the co-operative society i reside in is not allowing me my rights over the 2 parking slots made availabable by the builder to me, citing one car allotment per flat. I am in a fix . Would highly suggest some views on the subject as to my rights over the car parking and whether the society at this juncture (three years after society formed ) has any right to exercise its will as regards to the dealing of the 3 car parking slots between the builder and me . thanks and hoping for some timely help . Rowan
Hello, My name is Devin Chopra and I am a new member on this forum. I along with many concerned residents of my Co-operative Housing Society [CHS] are trying to find advice on how to deal with the Chairman of out society - that is the reason I have joined this forum, to seek advice. I hope I will find what I am looking for!