R Muralidharan (Accounts Consultant) 22 August 2008

Association under Societies Act - RTI

Whether Welfare Associations registered under Societies Act attract RTI

3 Replies

J. P. Shah (RTI & CONSUMER ACTIVIST) 22 August 2008

No, however U can get the details of the association by filing application under section 2 [f] of RTI Act with the govt. dept with which it is registered.

Manish Singh (Advocate) 23 August 2008

Do they get any fund from the govt.
if yes then tell us how musch?
applicabilty will be dependant upon your answer.

Satyaprakash Sharma (Advocate & Legal Consultant) 26 August 2008

RTI Act requires every public authority to provide information under the Act.

Section 2(h) of the Act defines public authority to include -

...

(d) (ii) non-Government organization substantially financed [...] by funds provided by the appropriate Government.

Section 2(a) of the Act defines "appropriate Government" to means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—

(i) by the Central Government or the Union territory administration, the Central Government;

(ii) by the State Government, the State Government.

Thus, if the association referred by you is substantially financed by the State or Central Government, it is a public authority within the meaning of the Act and accordingly liable to provide information under the Act.

If association referred by you is not a public authority within the meaning of the Act, then also you may get information by making application under the act to the Registrar of Societies. However, registrar can provide you those informaton which can be accessed by him under Societies Registration Act or any other law.