Central Information Commission
Mr. Sunil Yadav vs Indian Red Cross Society on 31 July, 2009
Central Information Commission
CIC/AD/C/2009/000394
Dated July 31, 2009
Name of the Applicant : Mr. Sunil Yadav
Name of the Public Authority : Indian Red Cross Society
Background
1. The Applicant filed the RTI application before the PIO, Lieutenant Governor's Secretariat, Delhi on 05.03.2009 seeking detailed information against 42 points about: the rules and regulations of IRCS Delhi ; list and name/s of various officials viz. PIO, Managing Body Member/s, Hony Secretaries, Hony Treasurers and their addresses, phone numbers, email ID; copies of Balance Sheet for FY 2006-07, 2007-08; copies of IT Returns for these periods; details of donations received for Bihar Flood Relief and Orissa Flood Relief in FY 2008-09; details of utilization of the donation money; details of public officers from Raj Bhavan and Govt. of Delhi working for IRCS and various other information related to the organizational setup and functioning of IRCS.
2. The PIO, Lieutenant Governor's Secretariat transferred the RTI application to the Indian Red Cross Society, Delhi Branch vide communication dated 17.03.2009. The Hony. Asstt. Secretary, IRCS Delhi Branch replied on 09.04.2009 denying information to the Applicant on the ground that the provisions of RTI Act 2005 are not applicable to the Indian Red Cross Society, Delhi Branch.
3. Since the IRCS Delhi Branch maintained that that RTI Act was not applicable to them, hence in the absence of any First Appellate Authority, no First Appeal was filed. The Applicant instead filed an Appeal before the CIC on 30.04.09 inter alia submitting that the IRCS and all its Branches (including the Delhi Branch) have been constituted under Act XV of 1920 as amended by Act 14 of 1992 ( as reflected from the letterhead used by the Asstt. Hony. Secretary for his letter dated 09.04.2009) and that the parent body, the National HQ of IRCS is covered under RTI Act 2005 and the IRCS NHQ has its own PIO under the RTI Act and all State Branches are expected to be also similarly covered.
4. Accordingly, the Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for 15 June, 2009.
5. Mr. V K Sharma, Hony. Assistant Secretary, IRCS, Delhi Branch ; Mr. G D Khanna, E.O. and Mr. G B Tulsiani, Advocate represented the Public Authority.
6. The Applicant was present during the hearing.
7. The Respondent from the IRCS Delhi Branch maintained that the information that he had furnished to the Appellant vide letter dated 9.4.09 about IRCS Delhi Branch not being a Public Authority is the correct and complete information which he possessed. The Appellant, however, maintained that the information provided by the CPIO in respect of the RTI request dated 17.12.08 is totally incorrect and misleading. In these peculiar circumstances, the Commission adjourned the matter to 31.7.2009 after directing the Respondent from, IRCS, Delhi Branch to be present at the hearing on 31.7.2009 with an affidavit stating that he has provided complete and correct information to the Appellant as per the records available with him and directing the Appellant to provide further submission in support of his argument. .
8. The second hearing took place on 31.7.09 with the Appellant present at the hearing. Mr. V K Sharma, CPIO & Hony. Assistant Secretary, IRCS Delhi Branch; Mr. G D Khanna, E.O. and Mr. G B Tulsiani, Advocate represented the Public Authority.
Decision
9. During the hearing on 31.7.09, with respect to the IRCS's resistance to furnishing information on the pretext that IRCS, Delhi Branch is not a Public Authority; the Appellant submitted detailed argument covering the following points, while substantiating his arguments with relevant documents:
i. IRCS was created by an Act of Parliament viz. Act XV of 1920 which empowered the IRCS to have its Branches in the States viz. Branch Committees of IRCS, fact duly acknowledged in the IRCS website. Even the letterhead used by the IRCS, Delhi indicates that the body has been created by Parliamentary Act.
ii. As per the Act, the President of India is the President, IRCS and the Union Health Minister is the Chairman of the IRCS while the Governor and Lt. Governors of the States are the Presidents of the respective State Branches.
iii. The main office of the IRCS is located in a Government of India building at Golf Links, an area with costliest real estate value, at a token lease amount. The exact particulars of the property comprise a two storeyed building having 5 major halls, 7 rooms, one bungalow, 5 servant quarters etc. at a lease rental of a token sum of Rs. 1305/-p.a as the ground rent, thereby indicating that huge Government subsidy in the name of lease rental for the property.
iv. A 100 bedded hospital at Seemapuri, land whereof was provided by Delhi Government at a token amount; several MIG and LIG flats provided by the Govt. of Delhi; welfare centre run from a building provided by MCD free of cost and such similar infrastructural support/assistance provided by the Government to ICRS Delhi Branch v. IT return of IRCS, Delhi Branch filed through the PAN number of IRCS which is a Public Authority.
vi. IRCS, Delhi Branch was obtaining VAT refunds for IRCS purchases from Govt. of Delhi through its own accounts instead of claiming VAT refund through its NHQ from the Government of Delhi.
vii. The Junior Wing of IRCS operated from a Delhi Government building and its affairs being looked after by senior officials comprising the Managing Body [viz. the Director of Education; a representative from the IRCS HQ; Director of Health Services; Chairperson, Delhi Social Welfare Advisory Board; MHO, Health Department, MCD from the Government of Delhi and such other assistance enjoyed by the IRCS, Delhi Branch from the Government .
viii. Sharing of membership/subscription as well as First Aid Training fee with the parent body i.e. IRCS.
ix. Provisions of the Act lay down rules for selection of members of the IRCS's Apex decision making body whereby majority of its highest decision making body is elected by the State Branches x. Provisions of the IRCS Act further indicate that income out of property of the Society is to be distributed annually to its State Branches [Section 7 (1)]; wide and total powers including formulation of election of members and also supervisory powers over activities of the State Branch, enjoyed by the Managing Body of the IRCS over the State Branches [Section 5 (d) and (f)]; powers enjoyed by the State Branch Committees are subject to provisions of Rules made under Section 5 and the powers of supervision exercisable by the Managing Body of IRCS [Section 12] etc. The Commission also received documentary evidence submitted by the Appellant indicating the various grants received by the IRCS, Delhi Branch from time to time (i) from the Delhi Welfare Board [2004-05]; (ii) MCD, South Zone ; (iii) the Receipts and Payments account for the year ended 31.03.2005 indicating advance received by the IRCS, Delhi Branch from Ministry of Health & Family Welfare for World Health Day as Rs. 2,23,200/-;
Auditor's Report indicating huge receipts amounting to lakhs of Rupees received from the IRCS,HQ during the year ended 2005.
10. The Respondent, IRCS, Delhi Branch in their written submissions dated 03.07.2000 reiterated that IRCS, Delhi is not a Public Authority as defined in Section 2 (h) of the RTI Act 2005 and hence the provisions of the RTI Act 2005 are not applicable to the Branch. It was also contended by the Respondent that no financial assistance/funds were received by IRCS, Delhi from the Government nor was it controlled by way of any substantial financial assistance received from the Central/State Government. The Respondent further stated in his submissions that the IRCS Delhi Branch is not dependent on any Government grant or assistance and that its funds were generated through donations and by way of membership fee etc and the funds so received/collected are duly accounted for and utilized for the charitable purposes. The Respondent further submitted that its Delhi Branch has its own Rules and Bye laws. In so far as the land in respect of the building of Delhi Red Cross is concerned, it is situated in Golf Links admeasuring .725 acres and was purchased from the L&DO in 1962 and a consideration to the tune of Rs. 26,100/- had been paid. The land was admittedly a Leasehold land, the Agreement for Lease in this regard executed on 26.05.1962, the Society paying lease rental of Rs. 1305/- p.a.. However apart from these general contentions, the Respondent, duly represented by an Advocate, did not rebut the specific arguments raised by the Appellant with respect to the provisions of law as also on the factual aspect of the creation of the IRCS, Delhi Branch by an Act of Parliament. The Respondent was also quiet on the various other specific averments of the Appellant in his written submissions dated 31.07.2009.
11. In the light of the facts and circumstances of the case presented to the Commission, the position that emerged was that there was no reasonable explanation which the Respondents could furnish to counter the fact that IRCS, Delhi Branch is a Public Authority like all the other State Branches viz. at Chandigarh, Ludhiana, Bihar etc. which have from time to time been representing themselves before the CIC in the capacity of a Public Authority. Having been created by an Act of the Parliament, it s a body undoubtedly created out of public funds, enjoying an accommodation at a posh locality at a much subsidized, almost token lease rental, thus being substantially financed, controlled and managed by Government officials, thereby leaving not an iota of doubt that the IRCS, Delhi Branch is indeed a Public Authority. Accordingly, the Respondent, IRCS, Delhi Branch is directed to furnish the information as sought by the Appellant in the RTI request . Additionally, the IRCS Delhi Branch is also directed immediately to appoint a PIO under Section 5(1) of the RTI Act and also to comply with the provisions under Section 4(1)(b).of the Act by end of October, 2009 under intimation to the Commission.
12. The appeal is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Asst. Registrar Cc:
1. Mr.Sunil Yadav H.No.D-1/2 14 Rajpur Road Delhi 110 054
2. The CPIO Indian Red Cross Society 1 Red Cross Road New Delhi
3. The Appellate Authority Indian Red Cross Society 1 Red Cross Road New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC