Bar & Bench: New Delhi: Thursday,
October 20, 2016.
The Central
Information Commission (CIC) has held that the Constitution Club of India
(Club) at New Delhi is a public authority under the Right to Information Act,
2005 (RTI Act). The Club will now be answerable to queries under the RTI Act.
The ruling
came following an RTI application filed by activist Subhash Chandra Agarwal
seeking information about the Constitution Club. Advocate Prashant Bhushan
appeared for Agarwal.
Among other
things, Agarwal had sought information about whether the Club was receiving
funds from the pubic exchequer, as well as details regarding the ownership of
the properties, lands and other assets used by the Club. The RTI activist had
not received any information from Central Public Information Officer of the Club
prompting him to approach the CIC.
The CIC,
after hearing submissions, held that the Government is rendering administrative
assistance to the Club and it survives solely on State property as it has no
income on its own.
“The submissions of the officers
reveal that Central Government was rendering administrative assistance to the
Club and it is under the control of the government.
The responses to directions from CIC
explained that CCI is located on Government land and using its buildings. The
CCI claimed that they are paying Rs 100 rent per month, which was not reflected
in some of their annual statements. Either they are not paying rent or it could
be no rent at all. Sometimes they referred it as license fee of Rs 100 or Rs
250 per month.
For some months those details of
license fee payment were also claimed to be missing. Neither CCI nor the
Government offices produced any lease deed. It seems there is neither lease nor
the deed. There is no evidence to show any ‘license’ related documents. The CCI
is surviving on the lands and properties of the Union Government. It is
absolutely dependent upon the state property. It has no source of income of its
own.”
Central
Information Commissioners Sridhar Acharyulu and Sudhir Bhargava also spelt out
the details of the income made by the Club while stating that the government
wields complete control over the Club.
“The CCI makes income of more than Rs
2 crore on rent by using the land and buildings of Union Government, repaired
and maintained by the Government, in the heart of national capital by paying nominal amount of Rs 100 or 250.
Besides this they have monopoly over
‘assistance’ to MPs relating to the research, academic, sports, conferences and
entertainment needs of MPs, former MPs and others. The submissions by various
authorities reveal that the MoUD, office of Speaker, CPWD, etc are wielding
complete control. Their claim about absence of control is not correct.
The CIC also
had some strong words for the Club and the Union government for what it termed
as “misleading” the Bench and for “indifference” and “negligence”.
“Replies by Mr. Sumit Gakhar, Deputy
Land and Development Officer and Mr. Robin Adaval, Director (Works) show that
the land and buildings belong to State and CCI is a licensee. When asked for
copy of lease agreement, they did not say that there was no lease, and it was a
license. It is clear suppression on fact. Instead, they said ‘not
traceable/available’. It is misleading to suggest there was a lease deed and it
was not available, when it was a license. …
The CCI does not care to pay or report
about it, ignoring the consequences. Interestingly, concerned offices do not
take any measures for non-payment of the fee, profit making by the CCI using
the resources. The concerned departments of Union are so indifferent and
negligent that they do not know whether CCI was lessee or licensee, they do not
know where lease deed is and what conditions for license are.”
The CIC,
therefore, held that the Constitution Club is Public Authority in terms of
Section 2(h)(d)(i) of the RTI Act.
.JPG)
.JPG)
