‘NGOs that get govt grant covered under RTI Act’

The respondent cited an earlier judgement of the panel – delivered by a full bench headed by the then CIC Rajan Kashyap – which had ruled that it was not a public authority.

The complainant,however,pleaded that he had evidence to prove that the respondent has been receiving financial assistance from the government and is therefore covered under the RTI Act. He said the society received Rs 1 lakh from the Chief Minister’s fund last year. Besides,in 2006-07,it got Rs 1 lakh each from the then ministers Rakesh Pandey and Harnam Dass Johar. Bhandari also submitted a copy of the circular issued by the society in 2008 that stated that it received Rs 5 lakh from late Lajpat Rai,the then MP. He said the society got another Rs 1.50 lakh from the Block Development and Panchayat Officer,and has been regularly receiving funds from Ludhiana Municipal Corporation under various schemes.

The respondent,however,argued that the society was an NGO registered under the Societies Registration Act,1960,and the financial assistance it received was only discretionary grants,which were ad hoc. It argued that almost every welfare society in Ludhiana was receiving funds and the assistance given by the Municipal Corporation was for discharge of specific service by the society,which was used for payment of salary of the staff. The bench,however,said the money given by the CM,MPs and ministers from their discretionary resources also comes from the state exchequer.

“A welfare society is a group created by residents for their welfare. Such a society by nature of its objectives and charter of functions is expected to be transparent and open,rather than secretive. Welfare and secrecy do not go together,” the bench said directing the Society to furnish information to the complainant within 15 days.