harshad (admn.asst) 14 June 2012

Aga khan trust came under rti act. or not ?

Dear Reader,

I am/was a regular employee of famous AGA KHAN DEVELOPMENT NET WORK’s NGO named “Muniwar Abad Charitable Trust”, register under Bombay Public Trust act 1950, with No. E-4857 (BOM), The trust have FCRA account, the trust have more than 25 employee, the trust have PF account and the trust using various grant form Govt. and also doing various activities as per Govt. rules.

In year 2002-03, the Trust have changed it’s name only and said me that the trust in which you have got appointment is closed now. And you may go anywhere alse.

So I have wrote a RTI application with the above trust on May 2012. and during June 2012 the Trust have given me in written reply that the trust is not came under RTI act.

As per my knowledge the trust using Government Grant for various activity and also working as per government rules. So I believe that the Trust should come under RTI act.

So I want to know that the above Trust is came under RTI act or not ?

Please guide me as soon as earlier

Thanks in advance.

Awaiting for a valuable response.

Yours faithfully

Hasamukh Vadasariya

09725949511

(a Indian Citizen)

Reply Follow

2 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365) 14 June 2012

Dear Mr Vadasariya

The Right to Information Act applices to Non-Government Organisations, if such NGO is receiving "substantial" grant. Howerver, in the RTI Act, the term "sunbstantial" is not defined or explained. Different Information Commissions and different High Courts have taken different views to ascertain "substantial" funding of NGOs. In your case, if you feel that the funding to Aga Khan Trust by the Government (of India or state government) is substantial, and you have proof to indicate such funding, file a complaint to the Information Commission with details and seek direction of the Commission to declare such NGO as "Public Authority".

Divya Jyoti Jaipuriar

www.jaipuriar.com

Ibrahim Deshmukh (Legal Consultancy) 14 June 2012

Dear Mr Hasamukh Vadasariya

I believe you were employed in the alleged trust office inside Maharashtra and it seems your services with the Trust have been arbitrarily terminated under the pretext that the Trust has gone under a name-change.
You certainly have got some other stronger options to legally protest your termination under Labour Law, subject to your terms of services with such a trust and the cause of service termination.

However, under section 22 of the B.P.T. Act, 1950, any change which takes place in a trust, trustees, moveable or immovable property of trust etc. has to be informed and recorded within 90 days of such a change subject to approval of Dy or Asstt. Charity Commissioner within whose jurisdiction the trust falls Any such change must be mandatorily substantiated (means provided with documentary evidences).

Of course the The right to get information from a public trust through Charity Commissioner is now also governed by Right to Information Act, 2005.

Ibrahim Deshmukh
Legal Consultant
www.law-India.com
ibdesh@gmail.com