Central Information Commission
Prabhakar Kaushik vs Department Of Urban Development on 25 June, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DOURD/C/2020/107484
Prabhakar Kaushik ....िशकायतकता /Complainant
VERSUS
बनाम
1. PIO,
Assistant Registrar, Office of the
Registrar Cooperative Societies,
Old Court Building, Parliament Street,
New Delhi -110001.
2. PIO
Chief Executive Officer,
Youth Hostels Association of India.
5, Nyaya Marg, Chanakyapuri,
New Delhi - 110021
3. PIO
Ministry of Youth Affairs & Sports,
Department of Youth Affairs,
Youth Hostel Section, Shastri Bhawan,
New Delhi -110001.
4. PIO
Deputy L & DO, Ministry of
Housing & Urban Affairs, A Wing,
Nirman Bhawan, Maulana Azad Road,
New Delhi - 110011.
5. PIO
RTI Cell, New Delhi Municipal Council,
Ground Floor, Palika Kendra, New Delhi - 110001
Page 1 of 24
6. PIO
Income Tax Officer (E)-1,
Office of the DGIT(E),
Room No. 2508, Dr. S.P.M.
Civic Centre, JLN Marg, New Delhi - 110002.
7. PIO
Commissioner of Industries,
419, F.I.E., Udyog Sadan,
Patparganj Industrial Area, Delhi-110092. .... ितवादीगण/Respondents
Date of Hearing : 07.06.2024, 26.05.2025
Date of Decision : 12.06.2024, 24.06.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 07.12.2019
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 13.02.2020
Information sought:
The Complainant filed an RTI application dated 07.12.2019 seeking the following information:
1. "Provide copies of Election Notifications in newspapers, website, emails etc. for elections to the Units and State Branch of Delhi held, last.
2. Had eligible members were sent election notice to participate in UNIT/State Election, If yes, details thereof.
3. Unit-wise and post-wise details of a) candidates filled nominations b) Venue of election c) vote casted and d) persons elected to the Units and State Branch.
4. Details of nominations received, found in order and rejected at Unit and State level.
5. Details of persons who are part of election process to the Units and State of Delhi.
6. Details of expenditures made in the election to Units and State of Delhi.Page 2 of 24
7. Details of participants died in trekking programme of YHAI during 2018.
Reasons thereof and action taken by the authorities in the matter?
8. Details of legal matters filed by the association and vice versa/against the association as on date and expenses incurred since January, 2015.
Having not received any response from the CPIO, the complainant failed to file a First Appeal. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing on 17.11.2021:
"The following were present: -
Complainant: Present in person Respondent: (1) Raj Kumar, Section Officer & Rep. of PIO, Registrar of Society (Central) (2) Mr. Narendra Yadav, Counsel for CEO, Youth Hostel Association Interim order on 17.11.2021:
"Commission has gone through the case records and on the basis of proceedings during hearing observes that it is the complaint of the complainant that the Youth Hostels Association of India must be declared public authority for the reasons stated in his written submission dated 18.10.2021. Further, the complainant laid emphasis on previous order of this Commission in File No. CIC/SH/C/2014/000018, dated 08.09.2015 wherein similar matter was dealt at length.
The proceedings and ratio laid down in the File No. CIC/SH/C/2014/000018, dated 08.09.2015 is produced herein below:
This matter pertains to two RTI applications dated 10.10.2013 and 22.10.2013 filed by the Complainant, seeking information on various points from Youth Hostels Association of India (YHAI). The CPIO responded on 4.11.2013 and stated that YHAI is not covered under RTI Act. Not satisfied with the reply of the CPIO, the Complainant filed complaint dated 10.12.2013 to the CIC, which was received by the Commission the same day.Page 3 of 24
Hearing on 20.11.2014
2. The Complainant submitted that denial of information by the Respondents, on the ground that they are not covered under the RTI Act, is wrong. He further submitted that the Respondents are a society registered with the Registrar of Societies and an area of land was allotted by L&DO to them for construction of Youth Hostel in the Diplomatic Enclave in New Delhi. The Complainant also stated that the Respondents get grants from Central Govt. for construction of buildings and repairs etc. and also get tax exemptions from various authorities. He stated that they also get land from state governments for construction of their buildings. The Respondents submitted that their chief executive officer and Chairman could not come to attend the hearing due to their elections in December 2014.
3. Having carefully considered the records and the submissions made before us, we direct the Respondents to provide to the Commission the following information concerning YHAI, at least fifteen days in advance of the next date of hearing, with a copy to the Appellant:-
(a) Their memorandum of Association, rules, regulations and bye-laws.
(b) Details of all direct or indirect grants, subsidies and land (with details of the area, terms on which allotted and date of allotment etc.), tax concessions permitted by Centre or State Governments and any direct or indirect financing from the Government.
(c) Balance sheets and P&L. accounts of the Respondents for the last three years showing details of their revenue and its sources; as well as expenditure.
The Complainant should also send his written submissions, if any, at least one week in advance of the next date of hearing, with a copy to the Respondents.
4. We will hear this matter again on 23 January 2015 at 10.10 a.m, at Room No. 305, 2 Floor, 'B' Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066.
Page 4 of 24Hearing on 28.1.2015
5. The matter came up before us again today. The Respondents submitted to us during the hearing certain documents in response to our directive contained in paragraph 3 above. However, they have not submitted any information regarding the land acquired by them in various parts of the country from government agencies and the terms on which it has been acquired.
6. The Complainant has also submitted his written submissions dated 20.1.2015.
7. Shri Yudhisthir Sharma, Chief Executive Officer stated that in the elections, which took place in December 2014, new office bearers have been elected and that the new President and the Chairman have agreed in principle to treat the Youth Hostel Association of India as a public authority under the RTI Act. He further submitted that the matter would be put up for approval to the National Executive Committee, which is to meet on April 11-12, 2015. He also stated that the Association will submit a letter to the above effect to the Commission in a week.
9. The matter came up again today. Shri Yudhisthir Sharma, Chief Executive Officer handed over to us a copy of the letter dated 20.4.2015 from the Respondents, which states, inter alia, that the matter to declare YHAI as a public organization" was put up for consideration of the National Executive Committee (NEC) of YHAI in its meeting held on 11.4.2015 and that the NEC has constituted a committee to review whether YHAI could be declared as a "public organization". Enclosed with the above letter dated 20.4.2015 are two separate letters dated 24.3.2015 and 6.4.2015, addressed to the Commission by Shri S. Venkat Narayanan, National Chairman and Shri Mohd. Shafi Pandit, National President respectively of YHAI, stating that they are agreed in principle to declare YHAI as a "public organization". Shri Yudhisthir Sharma, CEO further stated that after a decision is taken by the NEC, it will have to be confirmed by the National Council of YHAI.
10. We have considered the submissions made by the representative of the Respondents. It is seen that while the issue before us is whether YHAI is a public authority under Section 2 (h) of the RTI Act, the Respondents are considering Page 5 of 24 whether YHAI could be declared as a "public organization" an expression not related to the RTI Act and there is no certainty even concerning the same. In view of the foregoing, we would not like to postpone the consideration of this matter by the Commission any further. Accordingly, it is adjourned to be heard again on 15 June 2015 at 10.15 a.m, at Room No. 305, 2nd Floor, Bhikaji Cama Place, August Kranti Bhawan, New Delhi-110066. The Respondents are directed to provide to the Commission the details of all the direct or indirect grants, subsidies and land, given to them by the Government of India or the State Governments, together with details of the land area, terms on which allotted and date of allotment etc.; as well as details of any other direct or indirect financing from the government. It is noted that this information has not been provided in spite of the directive contained in paragraph 3 of our interim order dated 20.11.2014. The written submissions of the Respondents concerning the above should reach the Commission's office latest by 28.5.2015.
The Complainant may also file his written submissions, if any, so as to reach the Commission's office latest by 28.5.2015. By virtue of the power vested in us under Section 18 (3) (a) of the RTI Act, 2005, we direct Shri Yudhisthir Sharma, CEO to be present during the next hearing on 15.6.2015.
Hearing on 15.6.2015
11. The matter came up again today. The Respondents were absent in spite of a written notice having been sent to them. The Complainant submitted that in response to the directives given on 5.5.2015, he filed his written submissions dated 27.5.2015 to the Commission stating the following to establish that the Respondents are a public authority under Section 2 (h) of the RTI Act:
(i) Youth Hostel Association of India (YHAI) is registered with Registrar of Societies in 1955-56 vide registration No. S-932.
(ii) YHAI has been allotted government / public land by Ministry of Urban Development (L&DO) in Diplomatic Area, New Delhi for its office and hostel.
(iii) YHAI has got government land in other states like Gujarat, Karnataka, Maharashtra also.Page 6 of 24
(iv) YHAI has received financial aid/grants from Central Government for.
8. In view of the foregoing, the matter is adjourned to be heard again on 5th May. 2015 at 10.00 a.m. at Room No. 305, 2 Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi- 110066. In the meanwhile, the Respondents are directed to forward to the Commission a list of plots of land, if any, acquired by the Association from government agencies in various parts of the country, together with the details of the terms and conditions under which land has been acquired in these cases. This information should reach the Commission's office latest by 28.2.2015.
Hearing on 5.5.2015
9. The matter came up again today. Shri Yudhisthir Sharma, Chief Executive Officer handed over to us a copy of the letter dated 20.4.2015 from the Respondents, which states, inter alia, that the matter to declare YHAI as a "public organization" was put up for consideration of the National Executive Committee (NEC) of YHAI in its meeting held on 11.4.2015 and that the NEC has constituted a committee to review whether YHAI could be declared as a "public organization". Enclosed with the above letter dated 20.4.2015 are two separate letters dated 24.3.2015 and 6.4.2015, addressed to the Commission by Shri S. Venkat Narayanan, National Chairman and Shri Mohd. Shafi Pandit, National President respectively of YHAI, stating that they are agreed in principle to declare YHAI as a "public organization". Shri Yudhisthir Sharma, CEO further stated that after a decision is taken by NEC, it will have to be confirmed by the National Council of YHAI.
10. We have considered the submissions made by the representative of the Respondents. It is seen that while the issue before us is whether YHAI is a public authority under Section 2 (h) of the RTI Act, the Respondents are considering whether YHAI could be declared as a public organization" an expression not related to the RTI Act and there is no certainty even concerning the same. In view of the foregoing, we would not like to postpone the consideration of this matter by the Commission any further. Accordingly, it is adjourned to be heard again on 15th June 2015 at 10.15 a.m, at Room No. 305, 2 Floor, Bhikaji Cama Place, August Kranti Bhawan, New Delhi-110066. The Respondents are directed Page 7 of 24 to provide to the Commission the details of all the direct or indirect grants, subsidies and land, given to them by the Government of India or the State Governments, together with details of the land area, terms on which allotted and date of allotment etc.; as well as details of any other direct or indirect financing from the government. It is noted that this information has not been provided in spite of the directive contained in paragraph 3 of our interim order dated 20.11.2014. The written submissions of the Respondents concerning the above should reach the Commission's office latest by 28.5.2015. The Complainant may also file his written submissions, if any, so as to reach the Commission's office latest by 28.5.2015. By virtue of the power vested in us under Section 18 (3) (a) of the RTI Act, 2005, we direct Shri Yudhisthir Sharma, CEO to be present during the next hearing on 15.6.2015.
Hearing on 15.6.2015
11. The matter came up again today. The Respondents were absent in spite of a written notice having been sent to them. The Complainant submitted that in response to the directives given on 5.5.2015, he filed his written submissions dated 27.5.2015 to the Commission stating the following to establish that the Respondents are a public authority under Section 2 (h) of the RTI Act:-
(i) Youth Hostel Association of India (YHAI) is registered with Registrar of Societies in 1955-56 vide registration No. S-932.
(ii) YHAI has been allotted government public land by Ministry of Urban Development (L&DO) in Diplomatic Area, New Delhi for its office and hostel.
(iii) YHAI has got government land in other states like Gujarat, Karnataka, Maharashtra also.
(iv) YHAI has received financial aid grants from Central Government for construction of its buildings, procurement of equipment etc.
(v) Number of grants/ for exemptions/rebates on various items like LPG, rail fare, income tax department, NDMC etc. are available to the YHAI.
(vi) The Central Government employees have been availing financial aid and special casual leave for joining YHAI programmes. The YHAI has been Page 8 of 24 conducting adventure programmes like tracking etc. and issuing membership to the public.
(vii) YHAI is engaged in lodging, boarding etc. to the public/youth hostellers.
(viii)YHAI has been issuing certificates to the public for joining its adventures programmes.
(ix) YHAI is issuing certificates to the Government Servants to avail special causal leave.
(x) YHAI is an ISO 9001:2008 certified organization, affiliated to Hostelling International, U.K.
(xi) YHAI is claiming President of India as its Chief Patron. The President Secretariat is providing information to the pubic under RTI Act.
(xi) YHAI is claiming President of India as its 'Chief Patron. The President Secretariat is providing information to the pubic under RTI Act.
We note that the Complainant provided the copies of documents in support of his contention in respect of points at (i), (ii), (iv), (v), (vi), (viii), (x) and (xi), but no documents have been submitted in support of the other points. The Complainant is advised to submit. copies of documentary evidences in support of his submissions, within fifteen days of the receipt of this order. The Respondents submitted their written submissions dated 27.5.2015 along with a copy of allotment letter dated 28.2.1970 in respect of land allotted to them in Diplomatic Enclave, New Delhi by L&DO Office. They have further stated that they have not received any direct or indirect grant or any subsidy from the Central or Statement Government. With regard to tax concessions, they are assessed under section 11 read with section 12 and 13 of the Income Tax Act, which is applicable to all non-profit/charitable institutions. With regard to the land, it is stated that they have not acquired any land subsidized or funded by Government of India or any State Government.
12. We have considered the written submissions made by both the parties. The Respondents have not provided the details of land given to them by State Page 9 of 24 Governments, as directed by us in paragraph 10 above. We note that in the balance sheets submitted by them on 21.1.2015, government grants are outstanding to the extent of Rs. 68.63 lacs, whereas in their written submissions, it is stated that no grants have been received. We also note that in the Memorandum, Rules & Regulations of Association, names of some Government officers are found in Management of the Association.
13. In view of the foregoing, the matter is adjourned to be heard again on 20.7.2015 at 2.00 p.m, at Room No. 305, 2 Floor B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066. The Respondents are directed to submit to the Commission documents/ clarifications on the points mentioned in paragraph 12 above, within fifteen days of the receipt of this order. If the Respondents fail to provide documents/clarifications as directed above or fail to appear on the date of hearing mentioned above. the matter will be heard and decided on the strength of the material available on record.
Hearing on 20.7.2015
14. The matter came up again on 20.7.2015. The Respondents were not present during the last hearing on 15.6.2015. Subsequently, on 22.6.2015, Shri Yudhisthir Sharma, CEO wrote to the Commission stating that he could not be present on 15.6.2015 due to bereavement in his family and praying for giving the Respondents another opportunity to represent in the matter. In spite of the above, the Respondents were not present during the hearing on 20.7.2015. They have also not complied with the directive contained in paragraph 12 above to provide the details of land given to them by State Governments. Further, in their letter dated 27.5.2015 to the Commission, the Respondents stated that they had not received any direct or indirect grant or subsidy from the Central or the State Governments. However, it is seen from the schedules to Financial Statements as on 31.3.2014, submitted by the Respondents, that the balance of Government grants as per the last balance sheet was Rs. 68,63,056. Further, the Complainant has submitted to the Commission copies of the orders No. F.2-2/87- YH/YS IV dated 27.3.1990 and F.2-2/RT-YH/YS-IV dated 28.2.1996 vide which funds to the tune of Rs. 32.5 lakhs and 19.64 lakhs were released by the Department of Youth Affairs and Sports to the Respondents for the repairs/white washing of the Youth Hostel Building in Delhi and additional Page 10 of 24 construction at the existing building. The above information contradicts the statement of the Respondents that they have been receiving no direct or indirect grant from the Central Government. Moreover, in the Schedules to Financial Statements as on 31.3.2014, the value of land and building has been shown as Rs. 10,90,433. In this context, the only information provided to the Commission by the Respondents is regarding allotment of land, measuring 0,873 acre, to them on lease hold in the Diplomatic Enclave, New Delhi by the Land & Development Office in 1970 at a cost of Rs. 36,000/-, plus an annual ground rent of 5% per annum thereon. The Complainant submitted during the hearing that the Respondents are getting not only income tax rebate, but also tax concessions from NDMC. He further submitted that they have Youth Hostels in various States, many of which are functioning on the basis of a franchise given to local hotels; however, they also have buildings of their own in some States. On account of the absence of the Respondents during the last two hearings, the fact that they have failed to provide a part of the information sought by the Commission and the contradictions concerning the information provided by them, mentioned above, the Commission considers it necessary to get all the relevant information, conceming the grants and concessions etc. enjoyed by the Respondents, from the concerned Ministries/ Departments/ Organizations. Accordingly, the matter is adjourned to be heard again on 8 September, 2015 at 2.00 p.m., at Room No. 305, 2 Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi- 110066. The following CPIOs should also be present at the hearing on 8.9.2015 along with the information, available on their records, on the issues mentioned against them:-
(1) CPIO of the Department of Youth Affairs & Sports: Information concerning the land allotted by the Central or State Governments to the Respondents in various parts of the country, together with the terms and conditions of allotment, grants/ subsidies provided to the Respondents by the Government from time to time, the role of the nominee of the Department of Youth Affairs & Sports and nominees of other Government Departments on the National Council of Youth Hostels Association of India and information concerning any other concessions given by the Government to the Respondents
(ii) CPIO of the Land & Development Office of the Ministry of Urban Development: Information conceming the commercial rate of land in the Page 11 of 24 Diplomatic Enclave, New Delhi and adjoining areas, prevalent in 1970, when land was allotted to the Respondents as per Order No. LII-1(89)/69 dated 28.2.1970, the amount of annual ground rent being charged from the Respondents at the moment and the currently prevailing commercial value of land in the above areas.
(iii) CPIO of NDMC: Information concerning the tax and other concessions given to the Respondents by the NDMC over the last three years.
(iv)Smt. Shashi Kanta Soni, CPIO, Income Tax Officer (E)-I: Information concerning the quantum of tax rebates/concessions given to the Respondents over the last three years.
15. The Registry is directed to forward copies of this order by name, besides the Complainant and the Respondents, to the CPIOs mentioned at paragraph 14 (i) to (iv) above.
..( Proceedings and ratio of the decision reproduced Verbatim) Adverting to the supra, this bench of the Commission is of the opinion that the instant matter has already been dealt at length by predecessor bench, however, same could not reach to any logical end due to abrupt withdrawal of the said complaint by the complainant of the referred matter.
Nevertheless, Commission for better clarity of the matter and to gather all relevant information, concerning the grants and concessions etc. enjoyed by the Respondent no. 2 from the concerned Ministries / Departments/ Organizations finds it expedient to adjourn the matter for closed scrutiny of records and thereafter to hear the instant matter again at length. In doing so, Commission directs the registry of this bench to affix a fresh date of hearing and communicate the same to all the parties in advance.
Further, the following PIOs should also be present at the next date of hearing along with the information, available on their records, on the issues mentioned against them.
i) CPIO of the Department of Youth Affairs & Sports: Information concerning the land allotted by the Central or State Governments to the Respondents in Page 12 of 24 various parts of the country, together with the terms and conditions of allotment, grants / subsidies provided to the Respondent no.2 (Youth Hostel Association) by the Government from time to time, the role of the nominee of the Department of Youth Affairs & Sports and nominees of other Government Departments on the National Council of Youth Hostels Association of India and information concerning any other concessions given by the Government to the said Respondent.
ii) Further, CPIO of the Land & Development Office of the Ministry of Urban Development: Information concerning the commercial rate of land in the Diplomatic Enclave, New Delhi and adjoining areas, prevalent in 1970, when land was allotted to the Respondent no.2 (Youth Hostel Association) as per Order No. L.II1 (89)/69 dated 28.2.1970, the amount of annual ground rent being charged from the said Respondents at the moment and the currently prevailing commercial value of land in the above areas.
iii) PIO of NDMC: Information concerning the tax and other concessions given to the Respondent no.2 (Youth Hostel Association) by the NDMC over the last 3 years.
iv) PIO, Income Tax Officer (E)I: Information concerning the quantum of tax rebates /concessions given to the Respondent no.2 (Youth Hostel Association) over the last three years.
In case relevant documents pertains to some other department then respective PIOs must procure the same from the concerned department. Complainant and Respondent (2) (CEO, Youth Hostels Association of India) both are directed to be present on the next date of hearing with all the relevant documents as mentioned in their Written Submissions.
Furthermore, Respondent (2) must bring all the documents over which they are relying to substantiate their submissions regarding finances, grants, concessions, lands etc. The Registry is directed to forward copies of this order, besides the Complainant and the Respondents, to the PIOs mentioned above."
Relevant Facts emerged during Hearing on 07.06.2024:
Page 13 of 24The following were present: -
Complainant: Represented by Manoj Kumar Singh present in person. Respondent No. 1: Shri Dinesh Kumar, SO/APIO, DC (Rev.) on behalf of O/O Registrar of Cooperative Societies, New Delhi present in person. Respondent No. 2: Represented by Advocate Narendra Yadav, YHAI present in person.
Respondent No. 3: Shri Khalid Anasari, US/CPIO accompanied by Shri Pankaj Dhamija, US/ the then CPIO, D/O. Youth Affairs present in person. Respondent No. 4: Shri Dinesh Kumar Lakhumoa, Dy. L & DO/PIO accompanied by Shri D. S. Sehrawat, SHTDT, L & DO, MOHUA present in person. Respondent No. 5: Not present.
Respondent No. 6: Shri Brij Mohan, ITO/CPIO, Income Tax Officer (E)-1 present in person.
Respondent No. 7: Not present.
Written submissions of the Respondents are taken on record.
Respondent No. 1, 3, 4 & 6 invited attention of the Commission towards the contents of their averred written submissions.
Appellant's representative and also the learned counsel representing YHAI/ Respondent No. 2 sought time to file written submissions with the Commission in support of their arguments.
Interim Decision on 07.06.2024:
The Commission after adverting to the facts and circumstances of the case, hearing all the parties and perusal of records, observed that the appellant and learned counsel representing Youth Hostel Association of India (i.e. Respondent No. 2 herein) requested for adjournment to file their written submissions in support of their pleading Accordingly, in the interest of justice, the matter is adjourned.Page 14 of 24
The Registry of this bench is directed to issue a fresh hearing notice to the Appellant and as well as the Respondents and re-schedule the instant matter on a later date in due course.
This Compliant is adjourned accordingly.
Relevant Facts emerged during proceedings held on 26.05.2025: I. The following were present:-
Complainant: He, along with Shri Manoj Kumar Singh present in person. Respondent No. 1: Not present.
Respondent No. 2: Represented by Advocate Narendra Yadav, YHAI present in person.
Respondent No. 3: Shri Khalid Anasari, US/CPIO, D/O. Youth Affairs present in person.
Respondent No. 4: Shri Bipin Bhatt, Section Officer, L & DO, MoHUA present in person.
Respondent No. 5: Not present.
Respondent No. 6: Shri Kumar Gaurav, ITO/CPIO, Income Tax Officer (E)-1 present in person.
Respondent No. 7: Not present.
II. A written submission filed by the Appellant prior to the hearing is taken on record. Contents of the same are reproduced below:
"...I would like to reiterate that Youth Hostels Association of INDIA (YHAI), having its National Office at 5, Nyay Marg, Chanakyapuri, New Delhi 110021 is registered under the Societies Registration Act, 1860 vide Registration No. S-932 dated 02.02.1956 (copy attached and marked as Annexure 1). Further, Section 19 of the Societies Registration Act, 1860 provides that any person may inspect documents or seek certified copies of documents pertaining to a body registered under Societies Registration Act.
2 The society (YHAI) organises programmes, adventurous sports, adventurous trips and tours all over world which are availed by the members of the society discounted and/or subsidised rates. It operates through a three-tier system i.e., the National, State and Unit. Office bearers of the National, State and Unit level a acted through elections conducted once in Page 15 of 24 three years. The society is governed Memorandum and Rules and Regulations of Association and has been Client of Central Govt. grants and funds as well as State Govt. funds/assistance applicant vide RTI application dated 07.12.2019 (copy attached and marked as annexure 2) sought details regarding the elections in YHAI and other related matters of Delhi State Branch along with those of local units. Being a lifetime member of YHAL the applicant deserves every right to know about the affairs of Delhi State Branch.
That vide letter dated 13.12.2019, the CEO of YHAI refused to share information giving a vague and illogical reason that YHAI is not covered under RTI (Copy attached and marked as Annexure 3) possible due to the fact that the rules were flouted during the elections and hence, such reply was provided to cover up the blatant violation of laws of the land
3. It is submitted that YHAI must be brought under the purview of the RTI Act, 2005 because:
a) YHAI is a "public authority" as per Section 2(h) read with Section 4 of the RTI Act, 2005. YHAI is a body of self-government established or constituted by any other law made by Parliament and is owned, controlled or substantially financed by the government. Further, it does not fall within any of the exemptions as provided under Section 8 of the Act.
b) various complaints of corruption and irregularities in Youth Hostel Association are pending since long [Copies attached and marked as Annexure 4(Colly)]
c) at present the association is in possession of corrupt and vicious persons (Copy attached and marked as Annexure 5)
d) the management of YHAI is indulging in tax evasion in the garb of trekking and training to fulfil the vested interests (Copy attached and marked as Annexure 5)
e) In the said email it has been stated that the National Chairman have YHAI as a personal property and assets (Copy attached and marked as Annexure
5).
f) Further, death of Member and staff took place due to negligence management and when inquired about the measures taken and what legal protocols were followed or not, the generic response that was received from Page 16 of 24 YHAI that it does not fall within the ambit of RTI Act and hence, needs no response (Copy attached and marked as Annexure 5)
g) To prevent the Election process of the YHAI from being conducted arbitrarily and restore the democratic functioning of YHAI. It is submitted that elections are conducted in an opaque manner without following standard electoral practices. Most importantly, Retirees are holding onto their posts and Youth is missing from YHAI for which the Institution/Association was built. The whole process of elections is conducted in such a manner that a handful of individuals keep electing each other, term after term without participation of maximum members of YHAI and the votes polled in elections are grim reminders of this ugly truth (Refer to Annexure 5).
h) To restore the image, conduct and function of YHAI.
4. In order to establish that YHAl has been a huge beneficiary of Govt.
patronage and funds it is submitted that:
a) Vide letter No. F.11011/18/2019-YH dated 7th October, 2021 YH Section of Ministry of Youth Affairs & Sports informed Hon'ble CIC that 'Funds amounting to Rs. 52.14 lakh had been released by the Deptt. of YA&S to YHAI for addition of two storeys and major repairs etc. in its premises a Chanakyapuri till 1990. However, no grant has been released in the recent past (Copy attached and marked as Annexure 6). Some Sta Govts have also sanctioned funds (Copy attached and marked Annexure 7)
b) L&DO, Ministry of Housing and Urban Affairs (erstwhile M/o Housing Urban Development), Govt. of India had allotted land measuring C acre on lease hold to YHAI in Diplomatic Enclave, New Delhi vide letter dated 28.02.1970 (Order No. L.III (89)/69) (copy enclose construction of Hostel cum National Office at a cost of Rs. 36,000 an annual ground rent of 5% per annum thereon. The current commercial value of the said land is approximately Rs. 500 crore. Apart from this other State Govts/UTs Le.
Assam, Punjab, Karnataka, Nagaland, Leh etc., have also provided land for construction of Youth Hostels to YHAI across the country. At some part of state government Youth Hostels have been transferred to Nehru Yuva Kendra (Coples attached and marked as Annexure 8(colly))
c) During hearing on 20.07.2015 in a similar matter of Shri B.D. Sharma Vs. YHAI, the respondent YHAI has provided that balance of Govt. Grants was to the tune of Rs. 68,63,056/- (the extract taken from the similar matter File No. CIC/SH/C/2014/000018). (Copy attached and marked as Annexure 9) Page 17 of 24
d) That in File No. CIC/SH/C/2014/000018 in case of Shri B.D. Sharma Vs. YHAI, it may be seen that in the hearing held on 05.05.2015 in the instant case, the then CEO, YHAI had handed over two separate letters dated 24.3.2015 and 06.04.2015 addressed to the Commission by Shri S.Venkat Narayanan, National Chairman and Shri Mohd. Shafi Pandit National President respectively of YHAI wherein they had stated that the had agreed in principle to declare YHAI as a public organisation and the matter would be put up for approval to the National Executive Committee which is to meet on April 11-12. 2015/. He also stated that Association will submit a letter to the above effect to the Commission week. Vide letter dated 20.4.2015, Shri Yudhisthir Sharma, CEO, fu stated that National Executive Committee (NEC) of YHAI has constitution a committee to review whether YHAI could be declared as a " Authority' and after a decision is taken by the NEC, it will have confirmed by the National Council of YHAI (brief facts taken for proceedings of CIC) (Refer to Annexure 9). But despite passage than 10 years, nothing concrete has been done except to camou issue and keep it in the backburner.
e) There are proven facts that YHAI are getting not only income tax rebate (Copy attached and marked as Annexure 10) but also tax concessions from NDMC. Some Youth Hostels in various states are functioning on the basis of a franchise given to local hotels; however, they also have buildings of their own in some states. A copy of income tax exemption/rebate availed by YHAI is attached herewith for your kind consideration. A copy of letter of MD, Assam Tourism Development Corporation & Chhattisgarh Tourism etc. are attached for kind perusal.[Copies attached and marked as Annexure 8(colly)].
f) That in File No. CIC/SH/C/2014/000018 in case of Shri B.D. Sharma Vs YHAI, on the hearing dated 20.07.2015 the findings of CIC itself says 'Further, in their letter dated 27.05.2015 to the Commission, the Respondents stated that they had not received any direct or indirect grant or subsidy from the Central or the State Governments. However, it seen from the schedules to Financial Statements as on 31.03.20 submitted by the Respondents (YHAI), that the balance of Government grants as per the last balance sheet was Rs. 68,63,056. The ab information contradicts the statement of the Respondents that they h been receiving no direct or indirect grant from the Central Government. (Refer to Annexure 9)
g) Surprisingly, on the final hearing dated 08.09.2015 in the matter of B.D. Sharma Vs. YHAI, File No. CIC/SH/C/2014/000018, CIC recorded "the Complainant was not present.
However, the Commission has received a letter dated 24 from him, stating that he is satisfied with the information provided Respondents and would like to withdraw the filed to the Commission. C Page 18 of 24 Accordingly, the complaint is dismissed as withdrawn." I am sure learned Information Commissioner is wise enough to catch the ground reality and facts behind the pressure tactics to withdraw the RTI
h) Apart from huge exemptions in Income Tax and NDMC etc, several grants/exemptions/rebates on various items like LPG, rail fare etc., are available to the YHAI (Copy attached and marked as Annexure 11).
1) A letter No. TDC/GM(Mktg)/YHAI/2000-03 dated 22.7.2000 referring Lr. No. YHAI/APSB/APTDC/037/09, dated 22.6.2009 addressed to Sri Ch. Sreenivasa Prasad, State Chairman & National Vice-President, Andhra Pradesh State Branch, State Secretariat, Youth Hostel Building, Beach Road, Visakhapatnam 530017 by the General manager (Marketing), Andhra Pradesh Tourism Development Corporation (APTDC) itself proves that APTDC has Tie-up with Youth Hostel Association of India and has offered 15% discount on the room tariff on all APTDC Hotel rooms and 10% discount on all other services excluding taxes to Youth Hostel Association members. Likewise some other state govt's tourism department (Assam, Chhattisgarh etc.) provide hotel room discount to the members of YHAI (Coples attached and marked as Annexure 12 colly).
j) Further, in every activity done by the YHAI, which is involved for promotion of Adventure Sports and similar activities, Central Govt. through DoPT provides financial assistance to the eligible Central Govt.
Employees for the programme of approved activities. Moreover, as per DOPT circular issued in October, 1989, every Govt. employee is entitled to 30 days Special Casual Leave in a year, if he or she participates in the programmes conducted by YHAI. This has also been adopted by Lok Sabha & Rajya Sabha Secretariat, CVC, PSU Banks, PSUs etc. Leave is nothing but cash in kind and it has a covert impact on state exchequer. The leave availed by Govt. employees be it Central, State or Autonomous Bodies, if converted into money would run into several hundred of crores.
Information Commissioner is wise enough to catch the ground reality and facts behind the pressure tactics to withdraw the RTI.
h) Apart from huge exemptions in Income Tax and NDMC etc. several grants/exemptions/rebates on various items like LPG, rail fare etc. are available to the YHAI (Copy attached and marked as Annexure 11).
i) A letter No. TDC/GM(Mktg)/YHAI/2009-93 dated 22.7.2009 referring Lr. No. YHAI/APSB/APTDC/037/09, dated 22.5.2009 addressed to Sri Ch. Sreenivasa Prasad, State Chairman & National Vice-President, Andhra Pradesh State Branch, State Secretariat, Youth Hostel Building, Beach Road, Page 19 of 24 Visakhapatnam 530017 by the General manager (Marketing). Andhra Pradesh Tourism Development Corporation (APTDC) itself proves that APTDC has Tie-up with Youth Hostel Association of India and has offered 15% discount on the room tariff on all APTDC Hotel rooms and 10% discount on all other services excluding taxes to Youth Hostel Association members. Likewise some other state govt's tourism department (Assam, Chhattisgarh etc.) provide hotel room discount to the members of YHAI (Copies attached and marked as Annexure 12 colly).
j) Further, in every activity done by the YHAI, which is involved for promotion of Adventure Sports and similar activities, Central Govt. through DOPT provides financial assistance to the eligible Central Govt. Employees for the programme of approved activities. Moreover, as per DOPT circular issued in October, 1989, every Govt. employee is entitled to 30 days Special Casual Leave in a year, if he or she participates in the programmes conducted by YHAI. This has also been adopted by Lok Sabha & Rajya Sabha Secretariat, CVC, PSU Banks, PSUs etc. Leave is nothing but cash in kind and it has a covert impact on state exchequer. The leave availed by Govt. employees be it Central, State or Autonomous Bodies, if converted into money would run into several hundred of crores.
Moreover, by micro examination of the circulars issued by DoP&T, it is revealed that YHAI and Central Govt/State Govt./Deptt. of Youth Affairs and Sports/DoPT have a very long, strong and close association and somehow YHAI is directly or indirectly controlled and/or governed on the directions issued by Deptt. of Youth Affairs & Sports & DoPT (Copy attached and marked as Annexure 13 colly)
k) it is worth to mention that on one hand Ministry of Youth Affairs & Sports is shirking and washing its hands from the instant matter of YHAI by stating that "It is not under administrative control of Ministry of Youth Affairs & Sports (a copy of letter No. F.11011/18/2019-YH dated 7.10.2021 is attached) and on the other hand on several occasions several letters/directions were issued, wherein policies were laid down and instructions were issued by the Ministry of Youth Affairs & Sports. The letter itself declares the responsibilities of the Ministry of Youth Affairs and Sports, Gol towards the YHAI in which core issues of YHAI pertains to (i) Formation of Central Policy Committee, (ii) Formation of Central Monitoring Committee,
(iii) Policy and Promotion of Youth Hostel Scheme, (iv) construction of Youth Hostels, (v) Identification of suitable buildings as Youth Hostels for outright purchase where land is not available, (vi) Provision of funds for equipping the new Youth Hostels, Selection and appointment of Managers, Honorarium for Managers, (vii) Composition laid down to constitute Committees etc (Copies attached and marked as Annexure 14).
Page 20 of 241) It is further added that YHAI itself claims that it has been organising trekking programs and issuing membership and certificate to the Central Govt./State Govt. officials for more that four decades. Since 2015, every year circulars have been issued by DOPT [Copy attached and marked as Annexure 15 (colly)) in this regard wherein YHAI is listed as a recognised institute. In all the activities and programme of YHAI, Central, State Govte and other major departments of the country are involved with financial and non financial.
m) Attention may be drawn towards Para 3 & 4 of the Note No. #02 (Copy attached and marked as Annexure 16) dated 25.02.2020 of K.A. Talwar (CR- DR) of e-file No. CR 1-12/4/2016-CR1-CIC-IPart(1) (Computer No. 760) in which at point No. 4 CIC itself opined that it appears that YHAI has been allotted Government/Public Land by LADO, Ministry of Urban Development and it receives some financial aid/grants from Central Government for construction of its building etc.
n) It is kindly requested to peruse the email dated 22.7.2018 and 16.11.2019 sent by Shri V. K. Shukla, Ex Acting President, YHAI to various dignitaries and members of YHAI including Shri Shafi Pandit, Ex President, YHAI and few other emails/letters [Copy attached and marked as Annexure 17 (colly)]. Through these emails/letters Shri Shukla and others had raised various issues, complaints against corruption in YHAI and out of his 14 suggestions, 1st and top suggestion was to take steps for introduction of RTI provisions to bring transparency in the working of YHAI.
o) Further, a letter written by Shri C.L. Theodore, Partner, Ooty Youth Hostel, Ooty (Copy attached and marked as Annexure 18) addressed to Mr. S. Venkatnarayanan, National Chairman, YHAI, Managing Partner, Oot Youth Hostel, Ooty reveals that how a National Chairman of YHAI steeped in corruption and fraudulence.
p) It is also pertinent to mention here that a Parliament Question was a raised about '(b) the role and responsibility of the Government in functioning of Youth Hostels vide Unstarred Question No. 2513 answer on 16.3.2017. In reply to this Ministry of Youth Affairs and Sports s that '(b) The "Youth Hostel" is a joint venture of the Central and Governments. While the Central Government bears the co construction, the State Government provides fully- developed land free-of-cost with water apply electricity connection and approach roads The Youth Hostels are looked ahead by Managers, appointed by the Central Gest on the recommendation of the candidate by a Committee chaired by Be District Collector/Deputy Commissioner or his nominee. In addition, for each Youth Hostel, there is a Hostel Management Committee (HMC). HMCs are chaired by District Magistrates (in case of Hostels located in Districts) and by State Secretaries of Youth Affairs (in case of Hostels Page 21 of 24 located at State capitals). HMCs are responsible for effective management & maintenance of the Youth Hostels (Copy attached and marked as Annexure
19).
q) The respondent YHAI in its reply dated 16.10.2021 at point No. 3 had taken a dubious stand by saying that the present appeal has been filed after the expiry of the limitation period of 30 days as prescribed under the RTI Act, thus the appeal should be barred by Section 19 of the RTI Act and on other hand states that the YHAI is not under ambit of RTI Act.
r) Further, it is my duty to apprise CIC that in Interim Decision dated 17.11.2021 the then learned IC, Shri Heeralal Samariya sahab has directed CPIO of the Deptt. of Youth Affairs & Sports to provide the information concerning the land allotted by the Central or Stat Governments to the Respondents in various parts of the country, to get the with the terms and conditions of allotment, grants/subsidies provided the Respondent No. 2 (YHAI) by the Government from time to time, the role of the nominee of the Department of Youth Affairs & Sports a nominees of other Government Departments on the National Council Youth Hostels Association of India and information concerning any of concessions given by the Government to the said Respondent.
But it is a utter surprise that in place of seeking relevant informal from all the states of Union of India, Department of Youth Affairs simply shared the same RTI in question to all Chief Secretaries/Sports Secretaries of the states which was irrelevant in context of other states resulting in nothing but embarrassment by getting an uniform reply 'Not pertains to this office and/or "Na Report from the respective states. Deptt of YA& Sports didn't bother to seek information concerning the land allotted by the Central or State Govt. etc. to the Respondents as directed by CIC
s) it will not be out of place to mention that in an identical matter of Pramod Kumar Singh Vs. PIO, Delhi Public School (File No. CIC/RM/C/2014/000359) (Copy attached and marked as Annexure 20) on 23.01.2017, CIC has directed the respondent authority to provide information sought to the appellant in consonance with provisions of RTI Act, 2005 and under Section 19 (8) (a) (ii) of RTI Act, 2005, further directed to appoint a CPIO and to see that RTI wing is constituted in DPS, Angul. It is understood that the advantage of the ruling is that Societies/Associations will have to become more transparent about their finances and can no longer hide any information about their books.
PRAYER
5. In the light of the extravagant facts, circumstances and submissions alluded herein above and grounds elucidated, it is clear that Youth Hostel Association of India (YHAI) has been continuously receiving government Page 22 of 24 funds, income-tax exemptions, various supports and patronage, making it a fit case to come under the ambit of RTI Act, 2005 as per Section 2(h) read with Section 4 of the said Act.
It is, therefore, requested and prayed that a direction may kindly be issued YHAI to appoint PIO and provide the required information at the earliest. This will not only restore transparency and accountability in YHAI but would act a m catalyst to stop the ongoing corruption, irregularities and degradation which prevalent now. This may also stop deaths of innocent youths due to carelessness YHAI during trekking programmes and will fix responsibility for negligence. The access to information about policies, decisions and actions of the YHAI that affect the lives of citizens (members) is an instrument to ensure accountability and there is no plausible reason as to why YHAI should remain outside the ambit of RTI.
6. Pass any other order(s) as the CIC may deem fit and proper in the interest natural justice."
III. The Appellant by inviting attention of the Commission towards the contents of his written submission stated that YHAI fulfil all the parameters to be considered as "Public Authority" as per Section 2(h) of the RTI Act. He prayed the Commission that YHAI should be declared as public authority to answer the queries of information seeker under the RTI Act.
IV. Ld. counsel for YHAI i.e. Respondent No. 2 prayed the Commission to grant some time to file written submission to rebut the contentions raised by the Appellant. The Appellant interjected and contested that not more than one week time should be granted to the Respondent No. 2 as this matter has already been adjourned various times.
V. The Respondent No. 3, 4 and 6 reiterated their earlier stand.
Interim Decision:
VI. The Commission after adverting to the facts and circumstances of the case, hearing all the parties and perusal of records, observed that learned counsel representing Youth Hostel Association of India (i.e. Respondent No. 2 herein) requested for adjournment to file their written submissions in support of their pleading with a copy served to the opposite parties in advance. Time granted and accordingly, Respondent No. 2 is directed to file their written Page 23 of 24 submissions within two weeks of the date of receipt of this order. A copy of the same be duly served to all the opposite parties concerned. VII. Accordingly, in the interest of justice, the matter is adjourned. VIII. The Registry of this bench is directed to issue a fresh hearing notice to the Appellant and as well as the Respondents and re-schedule the instant matter on a later date in due course.
IX. It is noted that the issues involved in the case need deliberation by a larger bench and accordingly, the Registry is requested to refer the matter to the Hon'ble Chief Information Commissioner, Central Information Commission for the same.
This Complaint is adjourned accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
First Appellate Authority under RTI, Ministry of Housing & Urban Affairs, Room No.-313, C-Wing, Nirman Bhawan, New Delhi-110011.Page 24 of 24
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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