Rakesh & Sarbajit, If the NGO is claming IT exemption under Sec 80(G), it can be directly held to be a "Public Authority" under the RTI Act.
In a judgment related to Cooperative Societies in Kerala, the Kerala HC had observed that the term "funds provided by the appropriate Government" should be interpreted in the widest possible sense. It had also ruled that the term "substantial" as used in Sec 2(h) should also include any "form of share capital contribution or subsidy, or any other aid including provisions for writing off bad debts, as also exemptions granted to it from different fiscal provisions for fee, duty, tax etc." Read more here: http://www.rtiindia.org/forum/20283-cooperative-societies-public-authorities-kerala-high-court-judgment.html The full order is uploaded on www.rtiindia.info in the Court Decisions section. (You need to register on that website to be able to download). During the hearing, please also request IC M L Sharma to read the judicial interpretation of Sec 2(h), as per the Kerala High Court - as in the above judgment. It will help clear up many cobwebs. All the Best ! RTIwanted --- On Tue, 7/7/09, Rakesh Agarwal <[email protected]> wrote: Exactly, Sir. Thank you. So are we meeting on 15th at 2:30 p.m.? Your presence will be of great help. Rakesh If information "relating to" an NGO is held by a public authority WHICH THE PIO INTENDS TO DISCLOSE IN RTI (there being no section 8 bar) a section 11 notice is issued to the NGO concerned to oppose disclosure. On the other hand if the PIO ON HIS OWN feels that a section 8 exemption applies to bar disclosure then where is the question of section 11 notice, because the PIO alone must defend his denial. This is especially so in cases where the Govt has granted financial concessions (like 80G) on the basis of material available to it. It is crucial that any citizen of India be allowed to examine the material (records) on the basis of which such administrative concession was given ON DEMAND - the non-disclosure of which shall only foster / perpetuate a regime of corruption. Sarbajit --- In rti_in...@yahoogrou ps.com <mailto:rti_ india%40yahoogro ups.com> , "Rakesh Agarwal" <rak...@...> wrote: > > A hearing is scheduled for 15.07.09 at 2:30 before Information Commissioner > Sh. M.L. Sharma, Delhi. I request presence of those who may want to present > their views before the Commission. > > Three hearings have been conducted into a matter involving disclosure of > income tax returns and other documents that the NGOs submit with the income > tax authorities to claim exemption u/s 80G. > > The public authority is seeking to deny information on the ground that it is > personal information whereas I am arguing that all NGOs, especially ones > seeking exemption, grants and subsidies, claim to work for the welfare of > public which is clearly a matter of public interest. NGOs cannot claim > protection from disclosure of information which is held by the Government. > > Regards > > Rakesh Agarwal > > Secretary, NyayaBhoomi . [Non-text portions of this message have been removed]
