Rti for ngo
Vijaya Bhaskar
(Querist) 28 March 2015
This query is : Resolved
We as a charitable trust have residential care facility where hostel youth are residing for various services that are provided by the NGO. Govt. gives the NGO food grains and wheat at subsidized rates (not free) for hostel purpose. Do we (NGO) come under RTI Act. Also would like to know what is meant by substantially funded by the govt. directly or indirectly
Sudhir Kumar, Advocate
(Expert) 28 March 2015
read section 2(h) of the RTI Act
(h) “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;
(c) 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 organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government;
Vijaya Bhaskar
(Querist) 28 March 2015
Thanks Mr Sudhir.. we have not received any substantial finance except subsidised food gains. Do we come under rti. The act says direct or indirect. . Can you please help me understand the direct and indirectly.. appreciate your assistance
Dr J C Vashista
(Expert) 29 March 2015
I agree with the expert advise of Mr. Sudhir Kumar.
Since the government is providing you (NG0) subsidized food-grains for hostel you are indirectly financed and fall within the preview of Section 2(h)(d)(ii) of the Right to Information Act, 2005.
Vijaya Bhaskar
(Querist) 29 March 2015
Though we are paying the subsidised amount to the government which is not free still is it considered as indirectly financed.?
Jayaraj Poojari
(Expert) 29 March 2015
Subsidized amount paid to the Govt., will not be considered as indirect funding by the Government. Govt., provides subsidies to many of the food items provided through Fair Price Shops., it doesn't mean that Govt., is indirectly funding the public. Further the last part of the Sec 2(h) reads as follows:
non-Government organisation substantially financed,directly or indirectly by funds provided by the appropriate Government.-
which means the money contributed alone counts.
Vijaya Bhaskar
(Querist) 29 March 2015
So in our case we do not come under rti.thanks to all.
T. Kalaiselvan, Advocate
(Expert) 30 March 2015
Yes, you can go by your understanding that your NGO may not fall within the RTI sphere.
Vijaya Bhaskar
(Querist) 30 March 2015
Thanks to all learned experts for your insights. It helped me building my capacity to understand, however i will take some efforts to read the act. Thanks for all your help.
Vijaya Bhaskar
(Querist) 02 April 2015
I am learning so many things from the forum who are contributing invaluable insights and advices. It's a great blessing to me and the community. I respect and appreciate all the learned experts for all your support and timely guidance. Hats of you all.
