RELIGIOUS TRUSTS DO NOT FALL UNDER THE RTI ACT, SAYS CIC

Pune Mirror: Pune: Monday, February 05, 2018.

Landmark judgment made in case of a temple at Indapur exempts organisations receiving meagre govt aid from providing information

In a landmark judgment, the State Information Commission (SIC) on Saturday ruled that the religious or public trusts that are receiving financial aid or grant from government agencies, the amount being less than their actual turnover, cannot be liable to provide information under the Right to Information (RTI) Act.

Chief information commissioner (CIC) Ravindra Jadhav issued the order in favour of the trustees of Shri Laxmi Narsinha Devasthan at Nira Narasinhpur near Indapur, around 170 km from Pune.

In his order, Jadhav stated that trusts receiving meagre financial aid from the government do not fall under the definition of public authorities and hence are not required to have a public information officer (PIO) nor respond to queries under the RTI Act.

The order came after the trustees were confronted with some applications under the RTI Act by applicant Shrikant Ramchandra Dandawate.

The temple administration had earlier refused to provide the information, stating that they do not come within the purview of the RTI Act.

The applicant then appealed before assistant charity commissioner Kanchan Jadhav who, too, opined that the trust was not liable to provide such information. Undaunted, Dandawate then filed an appeal before the Pune bench of the state information commission.

He submitted that Shri Laxmi Narsinha Devasthan is included on the ‘B’ grade list under the state government’s Devasthan Development plan. Hence, large scale infrastructural development plans worth Rs 260 crore is being implemented by the state government. As such huge public exchequer is deployed here, the trust is answerable to queries under the RTI Act.

Advocate Shivraj Kadam- Jahagirdar, representing the trust, argued that though this money has been sanctioned by the government, not a single rupee is receivable by the trust and the government executes all infrastructural work through its own mechanism.

It was also submitted that the designated funds are being directly disbursed to the Public Works Department (PWD) for drainage and road development, the Maharashtra State Electricity Distribution Company ((MSEDCL) for street lighting, the water department for supply of drinking water, etc. Also, all the development work is being supervised by the district collector.

Kadam-Jahagirdar also pointed out that the temple repairs are carried out by the archaeology department as it is their statutory obligation to keep ancient monuments in good condition. Therefore, since no money is directly received by the trust, it cannot be seen as a public institution liable to the provisions of the RTI Act.

The trust also stated that up until 2005, it would receive a meagre annual grant of Rs 5,000 from the government. And, the amount in the balance sheet of the trust reflects an amount of 2.5 crore, thus substantiating the fact it cannot be considered as substantially funded by the government.

Upholding the legal submissions advanced on behalf of the trust, the state commission concurred to the earlier two decisions.

Speaking to Mirror, Kadam- Jahagirdar said, “This decision will have a major impact on hundreds of trusts throughout the state. Many are facing harassment because of such frivolous RTI applications. This judgement will prevent such activities.”