Indian Express: Shimla: Saturday, December 08, 2012.
In a landmark
judgement having wider implications on government-funded NGOs and organisations
run on public contributions, the State Information Commission (SIC) on Friday
ruled that all “substantially” financed NGOs (receiving over Rs 1 crore from
state or government grants) are public authority under the Right to Information
(RTI) Act and must make their annual ‘income and expenditures’ public.
In the
Commission’s order, passed by a two-member bench of Chief Information Commissioner
Bhim Sen and Information Commissioner K D Batish, Himachal Pradesh Voluntary
Health Association (HPVHA) was declared a public authority under RTI and
directed to appoint its public information officer (PIO) within 10 days.
“As per the
provisions of the Comptroller and Auditor General (CAG) Act 1971, HPVHA is a
public authority under the RTI Act as it is being substantially financed by the
government and is eligible for audit by the CAG. The association is directed to
designate an official as the PIO within 10 days from the receipt of the order”,
said the order.
The order was
passed in a complaint by one Deepak Sharma, who was denied information by HPVHA
as it asserted it was not covered under the RTI Act. The Commission analysed
the funding details of the the organization, which was over Rs 1.22 crore
during 2008-2009. It claimed that the organisation had been getting substantial
aid from the state government and thus cannot be granted exemptions from RTI.
In its order,
the commission also stated that in cases where the state gives not so
substantial grants (Rs 25 lakh or less) to NGOs, the state or a government
agency will be appointed as public authority, which will be required to provide
information.
It also added
that NGOs that have been raising funds from public contributions should
voluntarily place maximum information regarding its activities on the web,
which should include its Constitution, bylaws, rules and regulations, its
annual income and expenditure and nature of works undertaken or completed.
“If an NGO is
not substantially financed by the government and also raises funds by
collections from public contribution and it performs functions of a public
nature that are ordinarily performed by the government or its agency, it is
desirable that the NGO voluntarily place maximum information regarding its
activities on its website,” the order said.
The HPHVA has
to provide the details within a month.
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