Central Information Commission
Brinchi Kashyap vs Ministry Of Agriculture on 16 October, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/MAGRI/C/2018/103915//01835
File no.: CIC/ MAGRI/C/2018/103915
In the matter of:
Birinchi Kashyap
...Complainant
VS
Central Public Information Officer
Assam Rural Infrastructure and Agricultural Services Society,
World Bank Financed, Assam Agribusiness and Rural Transformation
Project (APART),
Agriculture Complex, Khanapara, G.S. Road,
Guwahati, Pin - 781 022
... Respondent
RTI application filed on : 02/08/2017 CPIO replied on : Not on record First appeal filed on : Not on record
First Appellate Authority order : Not on record Complaint dated : 17/01/2018 Date of Hearing : 24/07/2019,14/10/2019 Date of Decision : 24/07/2019,14/10/2019 The following were present: Complainant: Present
Respondent: Srimanta Phukar, SPIO, Assam Rural Infrastructure and Agricultural Services Society Information Sought:
The complainant has sought the following information:1
(a) When was the West Assam Milk Producers' Cooperative Union Ltd. registered? (Kindly give the date of registration and the registration certificate)
(b) Provide copy of the bye-laws of the Union.
(c) Was there any amendment of the bye-laws? If yes, provide a copy of the amended bye laws.
(d) And other related for information.
Grounds for Complaint:
The CPIO did not provide the desired information.
Submissions made by Complainant and Respondent during Hearing:
The complainant submitted that the reply of the respondent authority, WAMUL that they are not covered u/s 2(h) of the RTI Act is false and not proper.
The SPIO, ARIAS submitted that they have no information about the present RTI application as it was not addressed to them and also they come under the jurisdiction of State Information Commission, Assam.
Observations:
From a perusal of the concerned records, it is noted that the RTI application was filed before Managing Director, West Assam Milk Producers' Cooperative Union Ltd(WAMUL). The Managing Director, WAMUL in his reply dated 16.08.2017 while returning the IPO to the appellant had stated that they do not come under the purview of the RTI Act.
Prima facie, it is noted that WAMUL is an organisation managed by National Dairy Development Board which comes under the Ministry of Agriculture and Farmers Welfare. However, since the hearing notice of the Commission was not addressed to the concerned organisation i.e. WAMUL, in such an event the Commission is not able to decide the case without the presence of the organisation concerned. It is also noted that ARIAS is not the relevant party in the instant matter as notice was sent to them based on a reply dated 07.10.2017. However, after perusal it was noted that this reply was in connection with some other RTI application, not the present case.
2File no.: CIC/ MAGRI/C/2018/103915 Decision:
In light of the above observations, the Commission is constrained to adjourn the present matter to provide an opportunity to WAMUL to present their case before the Commission. The Registry attached to this bench is directed to re- schedule the matter and to send notice of hearing both to the WAMUL and NDDB to cause their presence before the Commission on the next date of hearing.
The case is accordingly adjourned.
Date of Hearing - 14/10/2019 The following were present:
Complainant: Present over VC Respondent: Shri S P Bose, Managing Director, WAMUL, present over VC and Shri Anantha Padmanaban, CPIO, NDDB, present in person.
Submissions made by Complainant and Respondent during Hearing: The complainant submitted that the reply of the respondent authority, WAMUL that they are not covered u/s 2(h) of the RTI Act is false and not proper.
On behalf of West Assam Milk Producers' Cooperative Union Ltd(WAMUL), Shri Shri S P Bose, Managing Director, WAMUL, submitted that WAMUL is a self- financing society which is managed by NDDB and registered under the provision of the Assam Cooperative Societies Act, 1949. That it is a private society, which is neither owned, controlled nor substantially financed by the Government or substantially financed by the funds provided by the Government and is not a public authority within the meaning of the RTI Act and is therefore not amenable to its jurisdiction. It is managed by the NDDB under a tripartite contract between the Government of Assam, NDDB and WAMUL since 2008. However, NDDB is not directly exercising any control. The employee's salary and the other day to day expenditure for running of the business is made by WAMUL from its own fund and the support/ fund received 3 from the Government is confined for specific projects and not for running of the day to day activities.
Observations:
The moot question for determination before the Commission in the instant matter is whether West Assam Milk Producers' Cooperative Union Ltd(WAMUL), will fall within the definition of "public authority" under Section 2(h) of the Right to Information Act, 2005 and be bound by the obligation to provide information sought for by a citizen under the RTI Act.
The Commission has perused the facts on record and the submissions made, both oral and written by the Appellant and Respondent and concedes with the submissionsof the respondent.
At this juncture, it is also relevant to cite para 40 of the judgment passed by the Hon'ble Apex Court in the matter of Thalappalam Ser.Coop.Bank Ltd. & Ors vs. State Of Kerala & Ors, wherein, the Court has stipulated that the burden to show that an entity is a public authority under Section 2(h) lies upon the applicant. The relevant portion reads as under:
"40. The burden to show that a body is owned, controlled or substantially financed or that a non-government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government and can be examined by the State Information Commission or the Central Information Commission as the case may be, when the question comes up for consideration. A body or NGO is also free to establish that it is not owned, controlled or substantially financed directly or indirectly by the appropriate Government."
In the instant case, the Appellant has not provided any details or other evidence other than stating that the WAMUL is a public authority and should be covered under the RTI Act.
There are no contesting claims as regards the data on receipt of funds from Government departments, etc. for the Commission to adjudicate upon. The only question before the Commission is whether the details of funds provided 4 File no.: CIC/ MAGRI/C/2018/103915 by government for different projects referred to by the NDDB, can be considered to be substantial funding within the framework of the RTI Act.
As per the written submissions of NDDB, the respondent organisation, WAMUL had been in receipt of some funds from the year 2008 to 2019. The representative of WAMUL has submitted that these funds are meant for specific projects only. On this point also, no case has been made by the Appellant to suggest that if the said funds are withdrawn, West Assam Milk Producers' Cooperative Union Ltd(WAMUL), will struggle to exist. On a query to the representative of the WAMUL as to whether these funds are essential for the existence of the WAMUL, he submitted that these funds cannot be deemed as substantial funding unless the whole organization of WAMUL is rendered dysfunctional for want of such funds as the operation of their organisation is independent of the government funding and only the projects will not sustain if these grants are not given.
Decision:
Keeping in view the aforesaid submissions of the appellant and respondent, the Commission is of the considered opinion that the Respondent office cannot be termed as a public authority under the definition of Section 2(h) of the RTI Act. Accordingly, no relief is ordered in the matter.
The case is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
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