Many Indians are curious about the financial dealings and accountability of registered societies and charitable organizations. If you’ve ever wondered how donations are used or if these entities are transparent, the Right to Information (RTI) Act, 2005, offers a powerful tool. This case highlights how you can access crucial audit reports of registered societies, even if the society itself claims to be outside the RTI’s purview. Understanding this process can empower you to seek accountability and transparency in organizations that rely on public trust and contributions.
Background: What Information Was Sought
In this instance, an RTI applicant approached a registered society, the Minto Road Puja Samiti, seeking specific financial details. The applicant wanted to know the year-wise amounts collected through donations and subscriptions from the public and devotees between 2005 and 2011. Furthermore, the applicant requested copies of the Income Tax Department’s order granting exemption under Section 80(G) of the Income Tax Act, along with copies of the society’s audit reports. The society’s response was that it did not fall under the purview of the RTI Act.
How the Public Authority Responded
The Minto Road Puja Samiti, the initial public authority approached, denied the request, stating they were not covered RTI Act. This is a common tactic used organizations. The matter then escalated, leading to a hearing before the Central Information Commission (CIC), the highest appellate authority under the RTI Act.
The CIC Hearing: What Happened
During the CIC hearing, representatives from the Puja Samiti presented their case. They argued that they received no government funding and were sustained solely from devotees. They also clarified that the Income Tax exemption under Section 80(G) was not granted to the Samiti itself, but rather to the donors who contributed to the Samiti. Crucially, they admitted that they were a registered firm with the Registrar of Societies and were legally obligated to submit their audit reports to this authority. This admission became a pivotal point in the case.
The CIC Order and Its Significance
The Central Information Commission, recognizing the significance of the Samiti’s admission, delivered a landmark decision. The CIC ruled that the audit reports, which the society was mandated to submit to the Registrar of Societies, could indeed be accessed applicant. The Commission emphasized that the Registrar of Societies is a public authority under the RTI Act, and therefore, information held , including the audit reports submitted societies, is accessible. The CIC also directed that factual information regarding tax exemption might also be shared. The Commission instructed the Public Information Officer (PIO) of the Registrar of Societies to review the applicant’s RTI application and dispose of it according to the provisions of the RTI Act, particularly Section 7 which deals with the time limits for providing information. The CIC also noted the absence of the PIO’s details and requested the Samiti’s General Secretary to forward the order and the RTI application to the concerned PIO for compliance.
Key Lessons for RTI Applicants
- Lesson 1: Public Authorities Hold Information: Even if an organization claims it’s not covered , if it submits mandatory reports to a government body (like the Registrar of Societies), that government body becomes the custodian of that information, making it accessible through RTI.
- Lesson 2: Understand the Registrar of Societies’ Role: The Registrar of Societies is a public authority. Any documents or reports submitted to them societies are subject to disclosure under the RTI Act.
- Lesson 3: Persistence is Key: When an initial RTI application is denied, don’t give up. The appellate process through the CIC can lead to favorable outcomes, as demonstrated in this case.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or authority is the custodian of the information you seek. In this case, it was the Registrar of Societies.
- Draft Your RTI Application Clearly: Specify the exact information you require, including the relevant time periods and the nature of the documents (e.g., audit reports).
- Submit to the Correct PIO: Ensure your application is addressed to the Public Information Officer (PIO) of the relevant public authority.
- Follow Up and Appeal if Necessary: If you don’t receive a response within the stipulated 30 days (under Section 7 of the RTI Act), or if the response is unsatisfactory, file a first appeal. If the first appeal is also unsuccessful, you can then file a second appeal with the Central Information Commission.
Sample RTI question you can use:
“Please provide copies of the annual audit reports submitted by [Name of Registered Society] to the Registrar of Societies for the financial years [Specify Years], as mandated under the relevant laws.”
Conclusion
This case is a powerful reminder that the RTI Act is designed to promote transparency and accountability across various sectors. that registered societies are obligated to submit reports to public authorities, citizens can effectively use RTI to access crucial financial information. Always remember to clearly state your request, identify the correct public authority, and be prepared to pursue appeals if necessary. The RTI Act empowers you to seek answers and ensure that organizations operating in the public sphere are acting responsibly.
