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  1. Dear Sir, I want to know what are the rules if some one can hold two nos flats in one apartment in same name at Ahmedabad cooperative housing society.Please guide and inform. N.K.Gupta
  2. Greetings To All 1. Can the private limited company example given bellow called a "Substantially Financed" Non Government Organization. As an Example I quote the information. Company Name: XXXX XXXX India Pvt LTD Company Category: Company Limited By Shares Class Of Company: Private Authorized Capital: 50cr (what the promoters can bring in from their sources or share holders) Paid Up Capital: 27cr (what the promoters have bought in) Charges Raised: 149cr (Loans raised by the company, point to note, all lenders are nationalized bank's, all loans raised in year 2012) Below i quote few orders I have found on this site. It seems I am missing something. Non-Government organizations under the Right to Information Act and the Central Information Commission's 28.5.2007 DECISION NOTICE - Srinivas Madhav Background The Right to Information Act 2005,section 2(h)(d)(ii) defines "public authority": "public authority" 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; © by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any— (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; The Act does not define the phrase 'substantially financed'. For the last two years There was no guidance from any quarter on this issue. As there was no clarity, many non-Government organizations( N.G.O.s) ignored their obligations under the Act. Second Administrative Reforms Commission Second Administrative Reforms Commission(Government of India) in its first report,' RIGHT TO INFORMATION Master Key to Good Governance' (Para 6.6.5) attempted to address this issue: "In the wake of outsourcing of functions which traditionally were performed by government agencies, it is desirable that institutions that enjoy a natural monopoly, or whose functions impinge on citizens’ lives substantially, must come under the provisions of the RTI Act. Also it may be desirable to define what ‘substantially financed’ would mean, otherwise different authorities may interpret this in different ways." It made the following recommendations (Para 6.6.6): • Organizations which perform functions of a public nature that are ordinarily performed by government or its agencies, and those which enjoy natural monopoly may be brought within the purview of the Act. • Norms should be laid down that any institution or body that has received 50% of its annual operating costs, or a sum equal to or greater than Rs.1 crore during any of the preceding 3 years should be understood to have obtained ‘substantial funding’ from the government for the period and purpose of such funding. • Any information which, if it were held by the government, would be subject to disclosure under the law, must remain subject to such disclosure even when it is transferred to a non-government body or institution. • This could be achieved by way of removal of difficulties under section 30 of the Act. Goa SIC Decision Goa SIC made the following Decision on 22 June,2006 stating that there was no need of any government notification: "NGO's substantially financed by the appropriate Government are covered even if no specific notification is issued by the appropriate Government. There is no need of separate notification or order listing all NGOs to be covered under the Act. s.2(h)(d) mentions two separate categories, one of which is notified the Government and others which are mentioned in the inclusive definition. Both the categories are separated by a comma and the conjunction "and"." [Goa SIC Decision dt. -22 June,2006] Central Information Commission's 28.5.2007 DECISION NOTICE In a complaint, Pradeep Gupta has requested CIC as follows: “It is brought to your kind notice that there is a society named “Servants of the People Society” … are receiving and spending Government money but still they do not have Public Information Officer. Please look into the matter and please arrange to ensure the conformity.” [Decision dt.28.5.2007 and 1.5.2007 in Complaint No.CIC/WB/C/2006/00157 (Complainant - Pradeep Gupta and Respondent - Servants of the People Society)] CIC directed the Assistant Registrar to visit the Servants of the Peoples Society and enquire into the matter. A report has been received from Astt. Registrar after his enquiry … in which he has given details of the gross receipts of the Society… Pradeep Gupta, complainant, argued that the Society falls under the definition of public authority since it receives ‘Substantial Finance’ as defined in Chapter IX Grants in Aids and Loans of General Financial Rules, 2005, Govt. of India, Ministry of Finance, Department of Expenditure. Therefore, he claimed that the accounts of the Society were audited by the Comptroller & Auditor General. "Mrs. Mamta Kundra, Principal Director and CPIO of the C&AG in her letter of 18-5-07 has presented details of prescribed duties and powers of CAG in relation to audit of accounts of Union/State/autonomous body/Corporations/Government companies. Sections 14, 15 and 20 of the Act [THE COMPTROLLER AND AUDITORGENERAL'S (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971]deal specifically with audit of accounts of autonomous bodies provided the Government meets 75% of the expenditure or a minimum of Rs.25.00 lakhs. On the question of whether an organization/Institute is auditable or not, Section 14 (1) of the CAG’s Act 1971 refers: [Audit of receipts and expenditure of bodies or authorities substantially financed from Union or State Revenues] Where any body or authority is substantially financed by grants or loans from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly, the Comptroller and Auditor-General shall, subject to the provisions of any law for the time being in, force applicable to the body or authority, as the case may be, audit all receipts and expenditure of that body or authority and to report on the receipts and expenditure audited by him. Explanation: Where the grant or loan to a body or authority from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly in a financial year is not less than rupees twenty-five lakhs and the amount of such grant or loan is not less than seventy-five percent of the total expenditure of that body or authority, such body or authority shall be, deemed, for the purposes of this sub-section, to be substantially financed by such grants or loans as the case may be Factors for deciding whether the NGO is eligible for audit by the CAG CIC held that the NGO-which is eligible for audit by CAG - is indeed a public authority because it is substantially financed by Government and will, therefore, fall within the definition of public authority under Section 2 (h) (d) (ii). Section 14 (2) of the CAG’s Act 1971 THE COMPTROLLER AND AUDITOR-GENERAL'S (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971 states: Notwithstanding anything contained in sub-section (1) the Comptroller and Auditor-General may with the previous approval of the President or the Governor of a State or the Administrator of a Union territory having a Legislative Assembly, as the case may be, audit all receipts and expenditure of any body or authority where the grants or loans to such body or authority from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly, as the case may be in a financial year is not less than rupees one crore. Hence,an N.G.O. is a public authority under the RTI Act if : grant or loan from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly in a financial year • is not less than rupees one crore OR • is not less than rupees twenty-five lakhs and the amount of such grant or loan is not less than seventy-five percent of the total expenditure of that body or authority, It is immaterial whether CAG actually audits the accounts of NGO or not. It is sufficient if it is eligible for audit by CAG. The issue of funding of NGOs and the aspect of external audit came up for discussion at the biennial conference of the States Accountants General held in the capital[2005]. There have been demands that NGOs getting Government grants should come under statutory audit and that the books of accounts of such voluntary organisations should be completely opened up to CAG audit. The Lok Sabha Speaker, Mr Somnath Chatterjee, too had supported CAG audit for those NGOs that receive Central aid. It has been estimated that there are more than eight lakh NGOs functioning in the country.The Comptroller and Auditor General made it clear that CAG was not averse to devising a broad system that would help ascertain whether the Central grants to NGOs have been used for the purpose for which they were sanctioned.[http://www.thehindubusinessline.com/2005/09/27/stories/200509270 3870300.htm] Interestingly,Consultation Paper on EFFICACY OF PUBLIC AUDIT SYSTEM IN INDIA: C & AG – REFORMING THE INSTITUTION prepared by the NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION observed : "A large number of autonomous bodies, NGOs and public funded institutions which receive substantial government grants escape C&AG's audit jurisdiction due to complex financing arrangements. It is for consideration that a Constitutional provision be made that all bodies which are publicly funded fall within the ambit of Comptroller and Auditor General's audit and any stipulation which ousts his jurisdiction would be ultra-vires . (Refer Section 3.2)" [ This article reflects the law as at 28 May,2007 ]
  3. Dear Sir/Madam, I have purchases new card Dzire on 25th Aug,2017, from Nanda Auto Mobiles Pvt. Ltd. Gandhinagar. I have received the appointment for number plat fixing on 05th Oct,2017. What is the reason behind delay and when I get the RC book., t/r Sanjay Nai Deleted Mobile Number - not allowed to post on forum
  4. Can i file a rti if I want to know what necessary action had been taken to execute the NBW Sent from my SM-J730GM using RTI INDIA mobile app
  5. I had applied under RTI Act, 2005 to Rural Development Dept in Bihar State for seeking some information but in reply within the stipulated time they have mentioned as below: आवेदक के आवेदन पर सूचना उपलब्ध कराने हेतु विभागीय गै0स0प्रे0सं0-46/ग्रा0वि0 दिनांक-12.01.2018 द्वारा विभागीय प्रशाखा-05 को अधिनियम की धारा 5(4) के तहत प्रेषित। Now, what should be done next.... Also, the official portal https://www.biharonline.gov.in'>https://www.biharonline.gov.in done not contain any option for filing First Appeal so how to file first appeal at https://www.biharonline.gov.in
  6. What is the procedure to know FIR status information of opponent through RTI. Sent from my XT1706 using RTI INDIA mobile app
  7. Hi Team, I would like to know that how much amount are spend to laid national highway and collection as of now for Tamilnadu toll plaza's and please provide vehicle charge across India. And also provide tender amount each Toll. Regards, Iyyappan Sent from my TA-1021 using RTI INDIA mobile app
  8. Help me in drafting an rti, street and drains of my area are very dirty and they need a proper construction. I filed complaints many times but no action has taken yet so far. My area comes under Nagar Nigam. Kindly help me please. Sent from my BLN-L22 using RTI INDIA mobile app
  9. Hi all, I have filed an rti application with a govt. organization. PIO replied in 30 days. I am not satisfied with the reply. It is more than 30 days after i received the reply. Can i File the first appeal after 30 days after receiving a reply from PIO
  10. I have many famous doctors are charging their consultation as per their own .Is there any government regularities body monitoring. How we get the quotes as per the doctor expertise. Sent from my Moto G (4) using RTI INDIA mobile app
  11. Recently I visited govt. Website(http://www.planingonline.gov.in) and found that my gram panchayat got funds through different channels including finance commission for certain developmental activities but practically fund was used only for one activity.Help me how can I draft RTI application for this purpose? Sent from my Redmi Note 4 using RTI INDIA mobile app
  12. In India CryptoCurrency Trading is Legal Such as BitCoin Bitcoin Cash etc. Sent from my iPhone using RTI INDIA mobile app
  13. There is a lodge of 30rooms apx and small restrnt. lodge room can b booked for 1 hrs also and mostly couple are going there. plz guide me from which deprtmnt and which docmt to b ask for that lodge. and it is leagal or not Sent from my SM-J700F using RTI INDIA mobile app
  14. how much within day university responce get answershhet through rti Sent from my Lenovo K50a40 using RTI INDIA mobile app
  15. Hallow sir, I am pawan from Hyderabad,telangana.I am studying btech 1st year I am not interested to continue my education in btech. So,I convinced my parents and ready to join in other course but my college principle not returning my certificates and he is saying that I should pay 4 years fees if I want to discontinue btech.i not understanding what to do please suggest me how to get my certificates back
  16. Can I know that have any rules to working as a staff after retirement in a SKUS Ltd which is under District Central Cooperative bank in West Bengal? Sent from my Redmi 4A using RTI INDIA mobile app
  17. Hello guys and gals. I am preparing to lodge an RTI to obtain clarification on the existence of a road. Let me explain, in the documents I have, our property is bound by a road on the east and west side, we also have access to the north side road by a pathway. Over time, houses have mushroomed on the south side and west side to a point, that the path way to south has been occupied the road on the west side has become a dead end housing area. people literally bulit their houses on the road and made it into a cycle path. Currently the master plan of the city does not acknowledge the existence of a road on the west side of my property. Where as my documents indicate that there should be roads there. i don't' want people to loose their house or anything, I just need clarification. My question is how do I question the authorities to have this clarified. For now I am planning on including the following questions: 1) certified copies of town planning maps that clearly showing the roads surrounding the said property. 2) certified map of sanctioned/existing roads between the areas of .................. and ......................circle before the master plan was approved and after.
  18. dear sir why psus require that a person should be without hypothyroid as it is not so serious ?
  19. (1) PIO send evasive reply to applicant and applicant files 1st Appeal. (2) FAA in his decision directs PIO to provide information to applicant as per the request in original application (Request (i) to provide files references and total number of pages related to approval/sanction for constructon of appartments to the bulider in which the applicant is an owner, (ii) inspection of these files and after inspection, if required certified copies of some selected documents). (3) The PIO on direction of FAA sends info to applicant. Now requested info is recd. (after the FAA's direction to PIO) after the mandated 30 days period, whether the applicant is now elligible to obtain certified copies of selected documents free of cost as the info has been deliberately delayed much beyond the mandated 30 days period by the PIO.
  20. I am a government employee who is interested in RTI laws.Can I become an RTI activist just like any other citizens?.
  21. I am a school teacher and recently I am doing D.EL.Ed via NIOS. But Now I am interested to complete my M.Sc i distance mode. Now please inform me if I am elegible to do the second course or not. Both the degrees are in distance mode
  22. Rameshraj Shinde

    No. Of School

    How many government aided schools are in maharashtra ?
  23. There is a place in Mumbai where a colony which was supposed to be of total 10 buildings but there are just 8 constructed buildings,while on the plot of those 2 remaining buildings there are approximately 145 houses. Now there is a common road with a common entrance which people use on the daily basis. Now the committee of those 8 buildings have come out with a conclusion that the common road belongs to their society which is acceptable and outside vehicles cannot be parked on that particular road. Now the main query is without any court orders can they term any road as private road and can they not allow other vehicles to be parked over there as its a common road which has a dead end where their colony is. If yes then what is the legal procedure to term a road private and under what section can they not allow other vehicles. Another important thing as the residents in those 145 houses who already stay there from more than 30 years can they be stopped to park their vehicles on that road. Is the committee powerful enough to take decisions about that road or is it a legal court matter. Sent from my Redmi Note 4 using RTI INDIA mobile app
  24. Sir, I am from Hyderabad(Telangana). I filed an RTI application with Chief Commissioner of Land Administration(Hyd) in the month of April(2017). I did not receive any information. I filed 1st appeal in the month of May(2017). Yet I did not receive any information. I did not file 2nd appeal before the State Information Commission as no Information commissioner is in chair. Recently Information Commissioner has been appointed. Please clear my following doubts. Kindly please answer point wise separately if possible. (1)In this situation, What is it called -Is it -complaint before State Information Commission (or) is it called 2nd appeal? (2)Can I now file 2nd appeal/complaint(4 months gap since my 1st appeal)? What should I mention reason for delay in filing 2nd appeal? (3)How many copies of 2nd appeal/complaint should I send, to the State Information Commission? (4)Is there any fee for 2nd appeal/complaint. Should I paste any court fee stamp or postal order? (5)How will the PIO and 1st appellate authority will know that I filed 2nd appeal(complaint) against them? How will they be called for hearing before State Information Commission.
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