NRI Sabha must answer RTI queries

The bench observed,“A plain reading of the constitution of the NRI Sabha shows that government officials at all levels of the organisation play an important role in decision making. They virtually run the affairs of the sabha. The role of the government is not only advisory or of a facilitator,but its control is ‘extensive and intrusive’. The government officials also play a key role in the formation of the sabha and its registration under the Societies Registration Act.”

The decision was taken while hearing the case of Jasvir Singh of Jalandhar,who had moved the commission after he was denied information by the sabha last May. He pleaded that NRI Sabha was a public authority,as it was being run by government officials,and receives substantial financial assistance from the state.

In support of this contention,he placed on record a copy of the constitution of the sabha,the first page of which said,“Constitution of NRI Sabha,Punjab (a society registered with the approval of Govt. of Punjab)”. The CM is the chief patron of the sabha and enjoys the powers to nominate five persons to the international board of governors and as many to the state advisory board.

At the division level,Divisional Commissioner or the NRI Commissioner of the state is the chairman. He enjoys the powers to suspend or nullify any resolution of the executive body,and the executive director of the sabha is answerable to him. The sabha’s district and tehsil units are headed by deputy commissioners and SDMs,respectively. The constitution says that the organisation’s objective is to act as “an agency of state government for promoting the welfare of Punjabi NRIs”. Lastly,it was argued that if the sabha was to be wound up,all its assets would vest with the state government.

Jasvir said the government gives grant for NRI-sponsored community welfare projects,implying that the sabha was substantially funded by the state. The respondent,on the other hand,argued that they do not receive money from the government,rather the grant was provided to NRIs who contribute 25 per cent of the funds. About the CM being the patron or other government officials being on various bodies of the sabha,it was pleaded that they were only symbolic figures without any powers and do not exercise any control. The respondent said the sabha was a private registered society run and managed by NRIs.

After hearing both parties and examining the record,the bench said the contention of the respondent that NRI Sabha does not receive any funds from the state government appears to be correct. However,coming to the issue of state control,the bench observed,“The inescapable conclusion is that the government exercises direct effective control over the sabha and its affairs. This control falls within the scope of the RTI Act,and therefore,the respondent is a public authority.” The respondent was directed to give information within 15 days.