Dear all :
Allow me to intervene and put this issue in its right perspective, regardless of Court judgements quoted here : That if the concerned NGO is a cooperative society, its accounts/financial statements and managing committee members list can be accessed via the Registrar of Cooperative Societies of the concerned State which holds such records . That if the NGO is a Society registered under Societies Registration Act 1860 , its managing committee members' list/memorandum and articles of association etc can be accessed via the Registrar of Societies and Firms of the concerned State , Trust this is helpful, for the appellant, as well as all others concerned . Dr Arun Agrawal 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-authori\ ties-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 rak...@... 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" rakesh@ 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] > [Non-text portions of this message have been removed]
