Economic
Times: New Delhi: Monday, 14 September 2015.
Citizens can
now get information from Batra Hospital and Medical Research Centre here as the
Central Information Commission has declared it to be covered under the Right to
Information.
Information
Commissioner Sridhar Acharyulu said the hospital has received substantial
indirect funding from the Government which brings it in the definition of the
public authority under the Right to Information Act.
Acharyulu
directed the Hospital to set up necessary mechanisms to process applications
from the citizens seeking information from the hospital.
"The
Commission finds that the said Batra Hospital and Medical Research Centre is
being indirectly financed for promotion of public services by the Government of
NCT Delhi more particularly by DDA and hence the same is squarely covered under
the definition of 'public authority' as defined under section 2 (h) (ii) of the
RTI act, 2005," Acharyulu said.
The
Commissioner said there is vast "differential" between the monthly
rental being paid by the Batra Hospital and Medical Research Centre and the
commercial rent that the premises could fetch in the open market. The
Commission is of the opinion that the Centre is being "indirectly
financed" by the appropriate government.
Acharyulu
said the Hospital is a society which obtained very highly valuable land at
Mehrauli Badarpur Road as an incentive and not at the commercial rate.
"The
respondent hospital/authority agreed that they were given incentive, and
explained the rates of incentive... Such incentive, as agreed to have been
received by the Hospital, at which the land was given to the respondent
authority, will amount to indirect substantial funding as the rate at which the
land was valued, leased and rate of rent fixed is far less compared to market
rate prevailing at the date of allotment," Acharyulu said.
He said
whether it is called "incentive" or "subsidy" or
"concession", to that extent of low value, compared to market rate,
the respondent authority has been indirectly financed which is
"substantial".
He said the
Hospital admits that it is a society which has responsibility to conduct itself
as per the bylaws of society and as per Societies Registration Act, 1860.
Under Section
19 of Societies Registration Act, 1860, any person has "right to
inspect" and ask for "certified copies".
This
provision is covered by Section 2(f) of Right to Information Act, according to
which the Information Commission can direct sharing of information as per the
RTI Act, 2005.
"In the
present case the element of both substantial indirect finance and control by
the appropriate government i.e. Government of NCT through DDA is
established," he said.
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