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'substantially financed' while defining any organization to be Public Body.


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karira

The CIC has given detailed arguments in determining if IFCI is a Public Authority (PA) or not, under the RTI Act.

Although both IFCI and the Ministry Of Finance contended that IFCI is not a PA, CIC has finally ruled that it is indeed a PA under RTI.

Some of the arguments given by CIC are worth noting for future interpretations of whether anyone is "PA" or not.

Please see the full decision of CIC at:

 

http://cic.gov.in/CIC-Orders/Decision_31052007_01.pdf

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maneesh

This is a good decision Karira,

Even if this is the case, the law is clear that funds need

not be directly provided to constitute substantial finance to a body. In this case it

stands admitted that indirect finance of 23.53% exists, which cannot be

construed to be insubstantial.

 

An indirect linkage also make an organization Public Authority

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karira

I am sorry, i should have done a search of the forum before posting.

Is it possible to "merge" the two threads ?

Thanks.

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  • 2 weeks later...
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karira

Another helpful decision of the APSIC about "Public Authority".

 

Birla institute is a ‘public authority’

 

Special Correspondent

 

 

 

 

Hyderabad: State Information Commissioner Ambaty Subba Rao on Friday held that the Birla Archaeological and Cultural Research Institute in the city was a ‘Public Authority’ as per Section 2 (H) of the Right to Information Act (RTI), 2005.

 

He expressed this view while disposing a petition by Y. Ravi Kiran, a resident of Hyderabad who had asked for information and documents under Section 6 (1) of the RTI Act, but was denied the same on the plea that the institute was neither under the control of the State nor the Central Government and did not fall within the meaning of the expression ‘Public Authority’ under the provision of the RTI Act.

 

Mr. Rao contended that the institute was registered under Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli (Act 1 of 1350 F) and the State Government had made available vast extent of land.

 

The Hindu : Andhra Pradesh / Hyderabad News : Birla institute is a ‘public authority’

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Rvai Kiron

Dear Friends:

When Birla's said that they do not come under RTI Act. I wrote to various sources(using RTI) from where the funds were given.

The details of the society are as under:

1. Birla Archeological and Cultural Research Institute, 2. The H. Qrts 1/12A & 80G/22/94-95 dt. 22-09-94 of the Commissioner of Income-Tax, A.P.-l,

Hyderabad has given Income Tax Exemptions.

3. The land is allotted to Birla Archeological and Cultural Research Institute, Hyderabad by Government of Andhra Pradesh vide G.O. (Ms) No.84 M.A. dated 14th February 1986.

4. The Exhibitions were donated to Birla Archeological and Cultural Research Institute by Govt. of Andhra Pradesh G.O. Ms. No. 166 dated 30.06.1992.

5. Funds were received (from 1989-1995) in the form of Grants in Aid from Department of Ocean Development (now the Ministry of Earth Sciences), Govt. of India

6. Donations of Computer systems were given by ECIL for display/exhibition at the Centre. Annual payment towards projection of Corporate video (ECIL) is received by Birla Archeological and Cultural Research Institute.

7. National Remote Sensing Agency (NRSA) has fixed a permanent exhibition in the museum depicting various developments in the Space and Remote Sensing Technology by providing all the exhibits and paying Rs 3,86,250/-

8. Geological Survey of India has donated fossils of Dinosaurs dating back to 150 million years to display at Birla Archeological and Cultural Research Institute.

9. Department of Space, Govt. of India has given grant in aid to Birla Archeological and Cultural Research Institute.

10. As per Department of Science & Technology, Govt. of India, MoU on a Joint Laboratory for Applicable Mathematics and Information Sciences between the University of Udine and the B.M.Birla Science Centre (division of Birla Archeological and Cultural Research Institute) is signed.

All the above facts state that Birla Archeological and Cultural Research Institute falls within the ambit of Section 2(h) of RTI Act-2005.

 

However the problem comes where the funding are of state and central, whether we must write to SIC or CIC. But as it was registered under A.P. Societies act...I approached SIC.

Since it is a big fish in the net, SIC first released it to press. I did not receive the copy.

Thanks

Ravi

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karira

Ravi,

 

From the information detailed in your above post, it can be very well argued that the Birla Arch. & Cultural institute is a PA.

Since APSIC has already decided on that, if you feel that your purpose of applying under RTI Act will be well served by APSIC, you can stop at that.

If you have any doubts and want to use a "pincer" attack, then approach the CIC also because several of the fund givers are under the central govt.

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Rvai Kiron

Hi Karira:

 

That is a good idea of attempting CIC but now the time between

Appellate authority and CIC has crossed 8 months. Again I must start a fresh process. Let Birla's go to High Court. I got lot of information from Municipal Corporation saying that their activities are totally illegal. I filed one at Vigiance and other at MCH asking them why they are not taking action against Birla's etc.

Let me see what happens.

Regards.

Ravi

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  • 1 month later...
rajatnarain
The CIC has given detailed arguments in determining if IFCI is a Public Authority (PA) or not, under the RTI Act.

Although both IFCI and the Ministry Of Finance contended that IFCI is not a PA, CIC has finally ruled that it is indeed a PA under RTI.

Some of the arguments given by CIC are worth noting for future interpretations of whether anyone is "PA" or not.

Please see the full decision of CIC at:

 

http://cic.gov.in/CIC-Orders/Decision_31052007_01.pdf

 

Friends ,

 

Recently I had occasion to approach IFCI for info under RTI. Informally , they seem to claim having obtained a stay from the Delhi High Court against the CIC ruling of May 2007. Am awaiting formal reply.

 

Rajat Narain

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  • 2 years later...
virtualmukesh

substantially financed,

the madhya pradesh state government has issued amendments in the Right to Information(Fees and Appeal) rules, 2005: -which states

"Substantially Financed" means where fifty percent of annual turn over or

rupees fifty thousand, which ever is less, is financed by the Government or any of its institution.it can be used for the state of M.P. I have the pdf file of the same.

 

virtualmukesh

 

I do not know how to add a file to the message

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ambrish.p
I do not know how to add a file to the message

 

Dear Mukesh

 

At the bottom of reply box you will find two buttons. Post Quick Reply & Go Advanced.

 

1) Press on Go Advanced.

2) That will take you to a new page which will provide you with more options for posting your reply.

3) On this page you will find an option titled Attach Files with a button named Manage Attachments.

4) Hope it helps

 

Also see: http://www.rtiindia.org/forum/32307-ic-sg-lays-down-exact-figures-guidelines-define-substantial-etc.html

 

regards

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DineshK

I have a similar case pending for second appeal against a NGO which is financed by Govt. Delhi.

 

The NGO has received funds of more then 20 lakhs in last three years (I have no records of funds provided before three years)

 

A direct RTI application was address to NGO which is not replied. First appeal was filed before Registrar of Societies but he too has not replied. Now I have to file second appeal in this case.

 

Can this NGO be termed as "Substantially financed" ?

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karira
substantially financed,

the madhya pradesh state government has issued amendments in the Right to Information(Fees and Appeal) rules, 2005: -which states

"Substantially Financed" means where fifty percent of annual turn over or

rupees fifty thousand, which ever is less, is financed by the Government or any of its institution.it can be used for the state of M.P. I have the pdf file of the same.

 

virtualmukesh

 

I do not know how to add a file to the message

 

Please attach the amendment OR give a online link.

 

As per Sec 27 and 28 of the RTI Act, the "appropriate government" or the "competent authority" can make Rules to carry forward the provisions of the Act.

 

They cannot make rules to redefine the RTI Act - that can only be done by the parliament.

 

They cannot also pass RTI Rules to "interpret" the Act. That can be only done by the CIC/SIC or the Courts.

 

 

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  • 4 weeks later...
Khushachand Baheti

Thanks. Since long, clearification on SUBSTANCIAL FINANCIAL ASSISTANCE was a matter of confussion. However where Governmentn lease land on nomial prize to private educational institutes can be a critaria to decide substantial assistance needs to be cleared.

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