Central Information Commission
Mr. Y.N. Prashad vs Govt. Of Nct Of Delhi on 23 March, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC /WB/C/2008/00790/SG/2371
Complaint No. CIC/WB/C/2008/00790/SG
Relevant Facts emerging from the Appeal
Complainant : Mr. Y.N. Prashad,
273, IInd Floor, Munirka,
New Delhi-110067.
Respondent : Mr. Sanjeev Mittal,
A.D.M. & PIO, Govt. of NCT of Delhi, Office of the Deputy Commissioner West District, Old Middle School Complex, Rampura, Delhi-110035.
RTI application filed on : 22/04/2008 PIO replied : 27/05/2008 First appeal filed on : 23/05/2008 First Appellate Authority order : not replied. Second Appeal filed on : 17/07/2008
The appellant had asked in RTI application regarding registration no. book no. Volume no. and exact date of the TRUST namely "The Redeemed Evangelical Church of God". Details of Indian trust Act, 1882.
1. Kindly provide information the Registration No. Book No. and exact date of the TRUST namely "The Redeemed Evangelical Church of God" which has been registered in November, 2007.
2. Please provide detailed information that whether above said TRUST is registered under the Indian Trust Act, 1882 or Religious Endowments Act 1863 or Charitable and Religious Trust Act, 1920.
3. Can any TRUST registered under any said Act can claim or declare as an NGO or social/charitable organization/institute on in its aims & objectives/nature etc. under this registration a run Church of International nature does need to maintain membership & related registers/records etc?
4. Can any other national other then Indian national (Particularly from African Countries) be a "Settler" of (granted permission consent from the President of India/office of the President of India to hold the said part of the trust as head (under constitution of India Provision Article No. 18, Sub-sections (3) and ) or title from the foreign state/country who lives abroad and given special power of attorney to the "Settler"?
5. After registration of the Trust what is the deadline period for opening the trust Bank account and be deposited the specific trust's specific money which has bee declared in the deed? Does trust have to submit annually any reports pertaining to /or trust work to the Sub-Registrar?
6. In handling the Trust's money is it requisite to obtain the Proper credentials /Proper documents from the person's other then Indian nationals handling the accounts by trust's authority? If yes, within what period?
7. Can any rules as specified in Trust deed be amended or changed ? If yes, please specify the procedure of it by providing information on it.
8. Is there any rule that any charge of address of any trust member or "Setter" be informed to the Sub-registrars office? If yes, kindly provide detailed procedures for it "Can President of Trust call meeting of Trust?
9. Kindly provide the name, address and telephone contact No. of PIO/CPIO and Appellant Authority under RTI of the office of the Sub-Registrar, Janakpuri, New Delhi.
10. Kindly provide information whether the office of Sub-Registrar, Janakpuri, New Delhi is under Govt. of Delhi or Central Govt. and under which Ministry of the Govt.? Please provide name, address, contact telephone nos. of central head.
11. What is the requisite fee /cost of registration/registering of the trust? How much time takes to get the trust registered? Is there any P.R.O. under Sub-Registrar who guids/councells the query (s) of the general public? If yes, kindly provide name, address and telephone nos. of the same.
12. Kindly provide roles, responsibility & accountability of the "Settler" President & Secretary of the trust. Can nay meeting of the trust be held without the preserve of President, Secretary or Treasures?
13. In Trust's Bank A/C transactions can a foreign national Settler of the trust be a signatory?
14. What are the circumstances/conditions in which a trust's registration be cancelled or revoked or suspended and by which authority (Kindly provide the name, address & telephone Nos. of such authority)? Under which circumstances a "Settler" can be penalized ad verily affected? Will any or all trustees be effected along with a Setter of the trust or alone or else?
The PIO replied.
The PIO West District, Old Middle School Complex, Rampura, Delhi-110035 had arranged the information form the office of the Sub-Registrar-II Janak Puri New Delhi (Sub-Registrar- II/PIO, Mr V.P. Jha) and sent to the appellant. The information are as followed:-
With reference to your office letter no. F.1 (16)/Coordn/DCW/2007/1155 dated 28/04/2008 on the subject cited above, it is to inform you that property-wise record is no mainatined in this office. In order to provide the ownership details of a property, following information is required in respect of property:-
(a). Registration No. (b). Addl. Book No. ©. Volume No. (d). Page Nos. (e). Date of Registration.
In absence of the above mentioned details, the required information cannot be provided. The appellant may be advised to apply for Certified copy with the above said details with Prescribed format along with Rs. 10/- Non-Judicial blank paper & requisite fees to this office.
The First Appellate Authority ordered: -
Not replied.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Y.N. Prashad Respondent: Mr. Sanjiv Mittal PIO Most of the queries are not seeking information. For queries 1 and 2 the respondent states he could reply if details of the registration number were given. The PIO will check if the records for November 2007 are computerized. If the records are computerized the PIO will provide answers to queries 1 and 2 to the appellant. The PIO is directed to provide the information on query 11. Decision:
The Appeal is disposed.
The PIO will give the information on query 11 to the appellant before 30 March 2009. The PIO will provide answers to queries 1 and 2 to the appellant before 5 April 2009. If the records are not computerized the PIO will state from which period the records have been computerized.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 23rd March 2009 (In any correspondence on this decision, mentioned the complete decision number.)