Information under rti
dharma rao
(Querist) 01 May 2012
This query is : Resolved
Dear Experts,
nog-government organisation who e not receiving funds/financial assistance either from state or central government are coming under RTI act ??
plz reply soon
ajay sethi
(Expert) 01 May 2012
Every non-government organisation (NGO) and Public-Private Partnership (PPP) project should come under purview of the Right To Information Act, a panel appointed by Prime Manmohan Singh has said.
A high-level panel on public health has told the government that RTI should be made
mandatory for all NGOs and public private partnerships working in the social sector such as health to improve transparency and accountability.
The definition of the partnership involves hospitals built by a private entity but a land for which was given at a highly subsidised rate by the government. There are several such hospitals across India, which falls under this category, but they refuse to abide by the transparency law.
Transparency watchdog, the Central Information Commission (CIC), has said any project where the government provides land at a subsidised rate or provide annual financial assistance of Rs one crore or more should come under the ambit of RTI.
Planning commission deputy chairperson Montek Singh Ahluwalia had refused to bring all PPP projects under RTI saying the CIC will have to decide on individual projects.
K Srinath Reddy, who headed the PM-appointed panel, said transparency was a must to ensure accountability of PPP institutions working for national building and providing basic amenities to people.
“Many of these institutions were set up with the government’s help. We have asked the government to ensure that they come abide by RTI,” he said.
ajay sethi
(Expert) 01 May 2012
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
ajay sethi
(Expert) 01 May 2012
they would not come under RTI unless they are receiving finacial assitance from got or govt has management control
The Hon’ble Bombay High Court in Writ Petition No.5132/2008 cited by the respondent had observed that the word “controlled” used in the definition in Section 29(h)(d) of the Act ibid is in the sense of control on the management.
Commission in CC-3315/2010 decided on 12.5.2011 (Dr. S.G.Damle vs. PIO/Fortis Hospital, Mohali) had held that when a private organisation financially gained by direct or indirect enablement of the Government and when such gain is substantial, it would be a public authority
Shonee Kapoor
(Expert) 02 May 2012
No NGO which is getting assistance from govt would be liable to provide information under RTI act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dharma rao
(Querist) 03 May 2012
Dear Experst
thanx for ur reply,
my another querry is, i am working in a non-government organisation, a local person is always creating trouble for money, when i am not acted positively, one day he came and filed a complaint under RTI seeking information about the activities. he has not submitted any fees or anything. is it the right process, should i reply for this or not? plz reply ??
ajay sethi
(Expert) 03 May 2012
is your NOGO getting finance from govt or govt has provided nay infrasturcture to NGO . if so then you are bound to submit information under RTI
R.K Nanda
(Expert) 07 May 2012
I agree with Shonee Kapoor.
