19
Saturday
October 2019
8:25 PM IST
News Headlines
Netherlands'' King Willem-Alexander , Queen Maxima, gets warm welcome in Alappuzha        PM Modi has no understanding of economy: Rahul        INX Media: Chidambaram conspired with son, misused official position, says CBI charge sheet        US dream shattered, 311 Indians land in Delhi after deportation from Mexico        US to host 2020 G7 summit at a Trump golf resort        Trump speaks over phone with Turkey''s Erdogan over cease-fire in Syria        Twin blasts in Afghanistan''s mosque kill 62        China''s Q3 GDP growth slows to 6%, slowest in 27 years        Ranchi Test: India eye clean sweep against Proteas        Pakistan sacks Sarfaraz as captain in Test, T20I formats        Mentally-unstable man jumps inside lion enclosure in Delhi zoo, escapes unhurt        BSF jawan killed, 1 injured in firing by Bangladeshi troops along border in West Bengal        At least 35 people killed in bus accident in western Saudi Arabia        UK, EU hail new Brexit deal, but Parliament sign-off hangs in balance        Nearly 100 people injured in Catalonia unrest on Wednesday: Medics        Indo-Pak bilateral ties subject to approval from PMs of both countries: Ganguly        Aiden Markram ruled out of Ranchi Test with wrist injury        Indian challenge ends at Denmark Open        Aussie cricketer Watson apologies for 'illicit' social media posts        India's performance was no match to atmosphere at Salt Lake: Chhetri        
Home   | Main News   | Kerala  | National   | International  | Business   | Sports   | Entertainment   | Columns   | Offbeat   | Health   | About Deepika 
National News
NGOs receiving substantial financing from govt come under RTI Act, says SC
 
New Delhi: Non-Government Organisations (NGOs) receiving substantial financing from the government are bound to give information to the public under the RTI Act, the Supreme Court held on Tuesday. The top court said that institutions like schools, colleges and hospitals which receive substantial aid from the government both directly or indirectly in the form of land at discounted rate are also bound to give information to the citizens under the Right to Information (RTI) Act.

A bench of Justices Deepak Gupta and Aniruddha Bose said, "If NGOs or other bodies get substantial finance from the Government, we find no reason why any citizen cannot ask for information to find out whether his/her money which has been given to an NGO or any other body is being used for the requisite purpose or not". The top court said the RTI Act was enacted with the purpose of bringing transparency in public dealings and probity in public life. "We have no hesitation in holding that an NGO substantially financed, directly or indirectly, by funds provided by the appropriate government would be a public authority amenable to the provisions of the Act," it said.

The bench was dealing with an issue on whether NGOs substantially financed by the government fall within the ambit of ''public authority'' under provisions of the Right to Information Act, 2005. Several schools and colleges and associations running these educational institution have moved the apex court claiming that NGOs are not covered under the RTI Act. The bench said that the bodies and NGOs mentioned in the Act as ''public authority'' are in addition to those established or constituted by or under the Constitution; by any other law made by Parliament; by any other law made by state legislature and by notification issued or order made by the appropriate government.

It said that the principle of purposive construction of a statute is a well recognised principle which has been incorporated in our jurisprudence. "While giving a purposive interpretation, a court is required to place itself in the chair of the legislature or author of the statute", it said and added that the provision should be construed in such a manner to ensure that the object of the Act is fulfilled. "Obviously, if the language of the Act is clear then the language has to be followed, and the court cannot give its own interpretation. However, if the language admits of two meanings then the court can refer to the Objects and Reasons, and find out the true meaning of the provisions as intended by the authors of the enactment," it said.

Clarifying the legal position, the bench said that a society which may not be owned or controlled by the government, may be an NGO but if it is substantially financed directly or indirectly by the government it would fall within the ambit of the provisions of the RTI Act. Dealing with the "substantial financing" aspect, the bench said it does not necessarily have to mean a major portion or more than 50 per cent and no hard and fast rule can be laid down in this regard. "Substantial financing can be both direct or indirect. To give an example, if a land in a city is given free of cost or on heavy discount to hospitals, educational institutions or such other body, this in itself could also be substantial financing.

The very establishment of such an institution, if it is dependent on the largesse of the State in getting the land at a cheap price, would mean that it is substantially financed," it said. The bench said that merely because financial contribution of the state comes down during the actual funding, will not by itself mean that the indirect finance given is not to be taken into consideration. It said, "The value of the land will have to be evaluated not only on the date of allotment but even on the date when the question arises as to whether the said body or NGO is substantially financed".

The top court held that DAV College Trust and Management Society, New Delhi, which had filed the case, is the Society which runs various colleges/ schools that receives substantial financing from the government and therefore is a public authority within the meaning of the RTI Act.


PM Modi has no understanding of economy: Rahul
US dream shattered, 311 Indians land in Delhi after deportation from Mexico
Mentally-unstable man jumps inside lion enclosure in Delhi zoo, escapes unhurt
Senior Odisha BJP leader Damodar Rout quits party
Play school security guard arrested for sexually harassing toddler
What craziness has taken over UP govt: Priyanka on decision to remove home guards
Koregaon Bhima case: SC extends protection from arrest to Gautam Navlakha by 4 weeks
Rahul hits out at govt, blames note ban, GST for joblessness
Good economics points to one direction, Modi govt points to another: Chidambaram
Ayodhya case: Questions put only to us, not to Hindu side, Muslim parties allege in SC
Former AAP MLA Alka Lamba joins Congress
PM''s niece falls prey to snatchers in Delhi
Haryana Assy polls: Congress releases manifesto
Unnao rape victim accident: No murder charge against Sengar in CBI charge sheet
Rahul to hit campaign trail in Maha with rally in Dharavi
Mamallapuram geared up,gala reception on cards for Xi Jinping
Book examines history of Christianity in India
INX Media case: Karti Chidambaram appears before ED
Platform Screen Doors not possible at all stations: Delhi Metro to HC
TN police arrest 10 Tibetans ahead of Modi-Xi summit
ENTERTAINMENT NEWS
My craft is a huge area of anxiety for me: Swara Bhasker
 Mumbai: Several acclaimed films and a decade later, Swara Bhasker still finds herself panicking befo  
Ordinary doesn't satisfy me, says Bhumi Pednekar
Shah Rukh Khan keen on making a 'hit kind' of film
Navya Nair Surprised with Her Son's Birthday Gift: Watch Video
INTERNATIONAL NEWS
US to host 2020 G7 summit at a Trump golf resort
 Washington: The G7 Summit in 2020 would be held at President Donald Trump''s golf resort in Florida
Trump speaks over phone with Turkey''s Erdogan over cease-fire in Syria
Twin blasts in Afghanistan''s mosque kill 62
At least 35 people killed in bus accident in western Saudi Arabia
KERALA NEWS
Netherlands'' King Willem-Alexander , Queen Maxima, gets warm welcome in Alappuzha
 Alappuzha: Netherlands'' King Willem-Alexander and Queen Maxima, who are on a two-day visit to Keral
Scribe's death:Kerala IAS officer's suspension extended
Kerala's CPI to discuss Vedas and Marxism in seminar
Kerala Assembly session from Oct 28
Untitled Page
Rashtra Deepika LTD
Copyright @ 2019 , Rashtra Deepika Ltd.