Many ordinary citizens in India wonder if organizations that receive substantial government funding are accountable to them under the Right to Information (RTI) Act. This case sheds light on exactly that, clarifying which bodies are covered and which are not, even if they receive funds. Understanding this is crucial for anyone wanting to seek information from various institutions across the country.
Background: What Information Was Sought
An applicant filed an RTI application with the Ministry of Human Resource Development (MHRD) seeking specific information. The Public Information Officer (PIO) at the MHRD initially transferred the application to the AR Bureau. The PIO at the AR Bureau then informed the applicant that the information was not held section. They further stated that the Institute of Electronics & Telecommunication Engineers (IETE) had been requested to provide the information, and it would be shared once received.
How the Public Authority Responded
The initial response from the MHRD involved transferring the application, indicating a process of identifying the correct authority. However, the subsequent response from the AR Bureau suggested a lack of direct information and an attempt to obtain it from a third-party institution, the IETE. This highlights a common scenario where information might be held entities, requiring careful handling of RTI applications.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the PIO from the MHRD presented a written submission. This submission included a letter from the Secretary General of the Institute of Electronics and Telecommunication Engineers (IETE). The IETE clarified that it is a professional society registered under the Societies Act XXI-1860. Crucially, the IETE stated that it did not receive any funds from the Central or State governments. Instead, it claimed to be funded from its members and managed privately. Based on this, the IETE argued that it did not fall under the purview of the RTI Act.
The CIC Order and Its Significance
The Central Information Commission (CIC) ultimately rejected the appeal. The Commission observed that the Institution of Electronics and Telecommunications Engineers (IETE) was not a public authority as defined under Section 2(h) of the RTI Act. Section 2(h) defines a “public authority” as any authority or body or institution of self-government established or constituted under the Constitution, law made or State Legislature, or issued or order made appropriate Government. It also includes any body owned, controlled, or substantially financed, directly or indirectly, provided appropriate Government, and this includes non-Government organizations substantially financed. The CIC’s decision meant that since the IETE did not meet this definition, particularly the criteria of substantial government funding or control, it was not obligated to provide information under the RTI Act.
Key Lessons for RTI Applicants
- Lesson 1: Understanding “Public Authority” is Crucial: The RTI Act only applies to “public authorities.” It’s essential to understand the definition under Section 2(h) to determine if the body you are seeking information from is covered. Being substantially financed or controlled government are key indicators.
- Lesson 2: Government Funding Isn’t Always Direct: While direct funding is a clear indicator, the Act also covers bodies “substantially financed, directly or indirectly.” This means even if funds aren’t disbursed directly, if an organization relies heavily on government money, it might still be a public authority. However, as this case shows, not all financial arrangements qualify.
- Lesson 3: Private Management and Member Subscriptions Matter: If an organization is primarily managed privately and funded through sources like member subscriptions, and it can demonstrate minimal or no substantial government funding or control, it may successfully argue that it is not a public authority under the RTI Act.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Before filing, try to ascertain which government department or body is responsible for the information you need. If it’s a society or organization, determine its funding and control structure.
- Draft Your RTI Application Clearly: State your request for information precisely. Mention the RTI Act, 2005, and clearly articulate what you want to know.
- Pay the Application Fee: Ensure you pay the requisite fee as per RTI rules.
- Submit and Track Your Application: Submit the application to the PIO of the identified public authority and keep a record of your submission and any reference numbers. If your application is transferred, follow up with the receiving authority.
Sample RTI question you can use:
Please provide details of any government funding, grants, or financial assistance, whether direct or indirect, received by [Name of Society/Organization] during the financial years [Specify Years]. Please also provide details of any government representation on the governing body of [Name of Society/Organization] during the same period.
Conclusion
This case serves as a vital reminder that while the RTI Act is a powerful tool for transparency, it has defined boundaries. Not every organization, even if it provides valuable services or has some connection to government initiatives, is automatically subject to RTI. Thorough research into the nature and funding of the entity you wish to question is key. the definition of a “public authority” and the nuances of government funding, citizens can better strategize their RTI applications and effectively exercise their right to information.
