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Sulabh International Social Service Organisation under RTI Act 2005??


harinder dhingra

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harinder dhingra

Dear Experts,

 

Kindly enlighten whether Sulabh International Service Organization is a public authority under RTI Act 2005?

 

Looking for your views/comments/guidance.

 

harinder dhingra

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G.R.Vidyaranya

Dhingra ji,

 

I feel that if they are Govt. Contractors for any particular project, then they can be considered as PA for that project even if the organisation itself may not be a public authority.

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harinder dhingra

Learned Mr G R Vidyaranaji,

 

They are putting up toilets every where in Delhi & other places with the help of Government of State/UT as this is the organization which is getting this facility of building, owning & then transfer (I am not sure whether they transfer any Toilet facility) and we hardly find any other organization that kind of support from the Government of the day.

 

Contract I am not sure of.

 

hd

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MANOJ B. PATEL

Kindly read and decide.

 

"GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI LABOUR DEPARTMENT 15-RAJPUR ROAD: DELHI-110054 No.1:1291 Dated: 03.04.2001 CIRCULAR Hony. Chairman, M/S Sulabh International Social Service Organisation, RZ-83, Mahavir Enclave Palam, Dabri Marg, New Delhi-110045, has applied that the provisions of labour laws are not applicable on their organization on the basis of the following grounds:-

a) That it is a Society registered under the Societies Registration Act, 1860.

b) That it is voluntary philanthropic organization.

c) That it is carrying out its activities on "No Profit and No Loss" basis.

d) That it was considered as not an „Industry" as defined in Section 2(j) of the Industrial Disputes Act, 1947 by the Hon‟ble High Court of Patna and the same was accepted by the Hon‟ble Supreme Court of India.

e) That the Government of Orissa, Karnataka and Andhra Pradesh considering that it was neither an "Industry" nor a "Commercial Establishment" issued instructions to their officers not to enforce the labour laws and keep the above said judgments in view, while dealing with the said organization.

f) That that Government of Bihar also accorded exemption to it, from applicability of the provisions of the "Shop & Establishment Act", as applicable in their State.

After the examination of above application, it appears that the above said organization is a non-profit voluntary social organization and is carrying out its activities on "No Profit and No loss" basis for the welfare of the humanity and as such is neither an industry nor an Establishment. Hence, all the subordinate offices in different States have been instructed to keep the above in view, while dealing with the above said organization for the purpose of enforcement of labour laws.

Hon‟ble High Court of Patna in the matter of M/s Sulabh International V/s. State of Bihar & Ors. held vide their judgment dated 09.02.1990 that the Petitioner management/organization, i.e., M/s Sulabh International Social Service Organization is not an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947. Hon‟ble Suprme Court of India vide order dated 17.02.1994 and 20.03.1996 dismissed Civil Appeal and Review Petition in the matter of "Bhartiya Sulabh Sauchalaya Karamchari Sang vs. Sulabh International & Ors", thereby upholding the same view as decided by the Hon‟ble High Court of Patna. The Govt. of Orissa, Karnataka, Andhra Pradesh & Govt. of Bihar issued circulars/instructions to their subordinate officers to enforce the labour laws in view of above said judgments. Copies of the above said judgments and relevant circulars as issued by different State Governments are enclosed for ready reference. The Metropolitan Magistrate, Delhi has also decided on 22.03.1997 that the provisions of Minimum Wages Act are not applicable to the said Organization. Copy of the said judgment is also enclosed. Hence, in such circumstances all the Branch Officers of the Department while dealing with the above said Organization are hereby instructed to keep the above facts and judgments in view for the purpose of enforcement of labour laws and for compliance of the above said judgments in letter and spirit.

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harinder dhingra

Thank you learned Mr Manoj B Patel Sir,

Thanks a ton for such a quick response.

But sir, this will go against us. Tomorrow our Complaint is listed before SA of CIC.

Help me by providing something which helps us to get it declared as public authority for the cause of transparency.

Hd

 

Sent from RTI INDIA Mobile App

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Prasad GLN

They do not have a place of their own. All toilets provided to them are on most busy commercial areas where the land is very expensive. Some toilets are also using the complex for commercial purposes through advertisement. The activity is connected to General Public in each and every respect except that of capital and sanitation and maintenance of are connected to Health hazards if they are not under control of a Public Authority. Most of the toilets after taking into their management are not running satisfactorily and Govt. could not do any thing. Management is some areas is worst and no one is caring even when septic tanks developed cracks and nightsoil etc., are leaking into main high ways stinking the entire area.

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G.R.Vidyaranya

They are providing public services which affect the health and hygiene of general public. Govt. is making available expensive land to them at no cost. They do not pay any taxes to Govt. They are exempt from labour laws due to the nature of work done. They are revenue earning mechanisms for the organisations even though they claim to non profit making units. All these are indirect ways of financing indirectly by state/central funds which will make them qualify as PA. If I can think of more, will let you know Dhingra ji.

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koteswararaonerella

Sri. Vidyaranya is to be verymuch appreciated for such post which has got lot of effect on the public life . it is not uncommon even in the busy road corners/centres , our citizens urinate indiscriminately one after the other when sulabh complexes are not there and now this menace has been greatly stopped , they are keeping some attender also and sufficient water also and collecting one rupee which we should treat as service and not commercial busness. this is not a PA for RTI.

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They provide PUBLIC FACILITIES at pay & USE .

its not GOVERNMENTAL PUBLIC FUNCTION.

 

though if you have land donations value ENOUGH SUBSTANTIAL = BODY CANT SURVIVE WITHOUT LAND

 

If VALUE OF LAND exceeds net value of body then your win is sure .

 

but if

Funding is nominal then case is weak.

 

I think they can SURVIVE without any help .

Its govt who want them to operate so land given .

 

Also please consider difference of GOVERNMENT PUBLIC FUNCTION/DUTY AND PUBLIC FACILITIES.

 

All depends on land concession & whole body valuation & CAPACITY TO SURVIVE WITHOUT CONCESSION.(I THINK IT CAN)

 

also please cite all proofs of govt aids if you have.or any other point or objections.

 

Also they are not engaged in ANY GOVERNMENT CONTRACT .I think so .if are engaged please cite contract no. & details .

 

I think they are NGO

 

Post 7 will get dismissed in hearing by UN awards cum statements. (Please refer wiki for true cross views)

 

Ask for submission by opposite party giving ALL DETAILS OF GOVERNMENT AIDS of PARTICULAR STATE AND/OR NATION.

then ask for time to evaluate govt orders & aids and cite it here .may it help us to find more.

 

All states have different situations & grants.

Please first sort TOTAL HELP THEY GOT .& if possible cite here.

 

Each case differs

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G.R.Vidyaranya

Dhingra ji

 

See if you can argue that Maintenance of Public Toilets are statutory function of Municipality which is being handedover to a private party by many Municipal bodies. Bangalore Airport Authority was declared a PA because maintenance of airports was a govt function which was passed on to BIAL on Build-Operate-Transfer mode. Also read NMC-Sulabh pay and use toilet contract under cloud - The Times of India

 

Also check out the pdf file available at http://delhi.gov.in/wps/wcm/connect/d02eca0041bc1c01ba7dfe024b99d4b4/RTI+Manual.pdf?MOD=AJPERES&lmod=807963728&CACHEID=d02eca0041bc1c01ba7dfe024b99d4b4

and see page 19 for clues.

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harinder dhingra

Sorry Learned Mr. G R Vidyaranya Sir,

 

The Hon'ble SA of CIC does not think it this way. We tried our best.

 

 

hd

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As earlier said each case differs ,

NMC case is totally different as its transfer of PROPERTIES.

 

DEAR HD sir .

Did you asked party to show all aids and agreement .

Also as they have burden to prove INSUBSTANTIAL FUNDING.

 

What's there total aids received .

Was it considered in hearing ? Or point was raised.

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harinder dhingra

Learned Mr. CTforGK2 Sir,

 

The hearing was before Hon'ble SA of CIC and you know how much he rates himself about knowing RTI Act. I was helping a follow RTI Activist whose case was this. Let us wait for the decision and then we would decide the next course of action.

 

hd

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harinder dhingra

Sir,

 

Did you asked party to show all aids and agreement .

Also as they have burden to prove INSUBSTANTIAL FUNDING

 

The Hon'ble IC of CIC Mr.SA had directed Sulabh International to file statement of property allotted by government all over India and has given two weeks time to them to file reply.

 

hd

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harinder dhingra

Thank You Learned Mr. G L N Prasad Sir for encouragement.

 

Thank You Learned Mr. CTforGK2 Sir for valuable inputs. These inputs are result of painstaking efforts of yours which are acknowledged with all the humanity & reverence under my command.

 

hd

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Link is opening another post .

 

How sulabh are UNDER CONTROL of appropriate government ?

 

If its UNDER CONTROL OF GOV. THEN For control under Sec 2h .

Is Kerala society case control definition applicable and is enough ?

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Link is opening another post .

 

It is opening correctly.

After it opens, click on the "download" button on the page.

 

Please read the "reasoning" in that judgment and then comment.

 

The judge has drawn a clear distinction between "control" and circumstances of the SC judgment and this case.

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harinder dhingra

Learned Mr. Karira Sir,

 

Go after the word "control" in Sec 2 (h). Extensively use arguments from this recent judgment of the Delhi HC regarding Mother Dairy:

 

Sir, we are respondents in Mother Dairy.

 

My friend for whom I argued in Sulabh International was respondent in Mother Dairy and there also yours truly was pressing on "Control" word through out.

 

Thanks a lot.

 

hd

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Mother dairy was held pa for control + SUBSTANTIAL funding .

 

Control of NDDB (APP. GOV.) TO APPOINT MEMBER OF BOARD .

 

but in case of sulabh how CONTROL WILL APPLY?

 

though alone substantial funding will be enough for sulabh .but how control .

 

And Kerala society case theory is in mother dairy CONTROL case hence if IN CASE OF SULABH CONTROL IS THERE then Kerala society will be better citing then mother dairy .

BUT WHICH/WHERE IS GOVT CONTROL ON SULABH.

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