Dear Seniors, I request you to please guide us in the matter of RTI for charitable organisations which are registered under Bombay Charitable Trust Act and jurisdicated by Charity Commissioner.
1) Do these organisations come under the purview of RTI?
Hope to receive a response at the earliest.
Do have a fruitful and happy day ahead.
A
From India, Mumbai
1) Do these organisations come under the purview of RTI?
Hope to receive a response at the earliest.
Do have a fruitful and happy day ahead.
A
From India, Mumbai
1. Sir, any establishment, institution whether charitable or not will be coverable under RTI Act, 2005 if the same will fall within the scope and definition of "public authority" as defined under section 2(h) of said Act. The extract of said relevant section 2(h) is mentioned as follows:-
"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;
2. In view of above, you can examine whether the said charitable in respect of which you want to know trust falls under the definition of "public authority" as mentioned above. If the said charitable trust does not fall in above definition, then the same is not liable to furnish any information under said Act.
3. There are case decisions on this issue and I think, you can consult such like decisions from the website of CIC and form your opinion accordingly.
From India, Noida
923"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;
2. In view of above, you can examine whether the said charitable in respect of which you want to know trust falls under the definition of "public authority" as mentioned above. If the said charitable trust does not fall in above definition, then the same is not liable to furnish any information under said Act.
3. There are case decisions on this issue and I think, you can consult such like decisions from the website of CIC and form your opinion accordingly.
From India, Noida
Dear Placements.Fortune.Pune,
Mr. Harsh Kumar has rightly said that under Sec 2(a) and 2(h) of the RTI Act, if the charitable institution is being substantially financed by the government, it comes under the purview of RTI Act other wise not.
However, it came to my reading some time back that some State Information Commission gave decision to cover all charitable institutions under the purview of RTI Act. But to my knowledge, there is no amendment in the Law.
From India, Mumbai
Mr. Harsh Kumar has rightly said that under Sec 2(a) and 2(h) of the RTI Act, if the charitable institution is being substantially financed by the government, it comes under the purview of RTI Act other wise not.
However, it came to my reading some time back that some State Information Commission gave decision to cover all charitable institutions under the purview of RTI Act. But to my knowledge, there is no amendment in the Law.
From India, Mumbai
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