Central Information Commission
Mr.B P John vs Ministry Of Home Affairs on 23 August, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000279
Name of Appellant : Sh. B. P. John
(The Appellant was not present)
Name of Respondent : M/o Home Affairs
(Represented by Sh. D. Majumdar,
Director/MHA and sh. Sunil Kumar Gupta, S.O.)
The matter was heard on : 16.08.2010
ORDER
Sh. B. P. John, the Appellant, vide RTI application dated 8.10.2009, sought the following information from the Respondent Public Authority:
"1. Application and other documents on behalf which FCRA No. 075820034 granted.
2. Rules and Regulations and grounds for granting and closing / cancelling the FCRA Reg. No.
3. If the FCRA Reg. No. 075820034 granted for a particular project, what is the name of the project and its full details, time duration, aims and objectives of the project, place of implements the project, cost of the project, names of the persons appointed for project and their addresses, salaries and honorium conditions.
4. The main purpose of the project.
5. It is alleged that funds under FCRA have not been used for the purpose and the association is prohibited from receiving foreign contribution. Who reported allegations, who enquired the allegations and what are the findings of enquiry if any. Any notices to associations issued: what are the audience on behalf of what FCRA cancelled and the association is prohibited from receiving foreign contribution.
6. Can the action like (a) cancelling the FCRA Reg. No. and (b) prohibiting any charitable organization in India from receiving foreign contribution single sided, without bringing the same to the notice of the chief of the Organization / Association at local levels and Head quarters. What is the total rule position, any reports, enquiry reports, notice received to anyone in the concerned matters.
7. Kindly arrange for inspection, by myself and Assistant Director of A.E. Mission, Mrs. A. Sawjanya Ramu. Of all records and official correspondences on behalf of what the above FCRA Reg. No. cancelled and the Association prohibited from receiving contribution from foreign."
Sh. S. K. Shahi, Dy. Sec. to the Govt. of India, informed the Appellant "that the association i.e. Axene Evangelical Mission No. 33, Kamaraj Nagar, Korrulpur, Chennai, Tamil Nadu600021 is neither prohibited nor placed in prior permission category and its FCRA No. 075820034 has not been cancelled by this Ministry. The letter dated 10.07.2009 purported to have been issued by this Ministry was not issued by this Ministry and is therefore fabricated/forged."
Not satisfied with the reply of the CPIO, the Appellant filed an appeal before the First Appellate Authority (FAA). Sh. Ashim Khurana, Jt. Sec. / FAA to the Govt. of India, vide order dated 23.12.2009, informed the Appellant as follows : "1. The registration to the Association i.e. Axene Evangelical Mission, No. 37, 3rd Street, Kamraj Nagar, Korrulpur, Chennai, Tamil Nadu-600021 was granted in the year 1985. The relevant file on which the case for grant of registration to the said Association was processed, has been weeded out as a part of normal office procedure. Therefore the file is not available.
2. Rules and regulations for granting registration / prior permission; prohibiting the Association from receiving foreign contribution, placing the Association in Prior Permission category and freezing the bank accounts of the Association etc. are available on this Ministry's website i.e. http://mha.nic.in/fcra.htm.
3. Registration granted to an association authorizes them to receive foreign contribution. It is a permanent permission. Registration is not granted specific to a particular project, and therefore details sought by you about the projects undertaken by the Association are not available.
4. Not applicable in view of reply to Point No. 3 mentioned above.
5. As an when any complaint relating to the violation of provisions of FCRA by Associations come to the notice of the Government, appropriate action is taken against such Associations under the provisions of Foreign Contribution (Regulation) Act, 1976. No action has been taken against this association i.e. 'Axene Evangelical Mission', Chennai.
6. There is no provision for cancellation of the registration certificate granted to an Association under the Foreign Contribution (Regulation) Act, 1976.
7. Since, the relevant file has been weeded out, an inspection of Records may not be possible."
During the hearing the Respondents submit that the complete requisite information available on record has already been provided to the Appellant.
After hearing the Respondent and on perusal of the relevant documents the Commission finds that by and large the requisite information has already been provided to the Appellant. However, in the interest of transparency the Respondents are hereby directed to provide the relevant rules regarding the weeding out of files and proof of the weeding out the concerned files mentioned in the replies of the FAA. The order of the Commission may be complied within 15 days of receipt of Commission's order.
With these directions the matter is disposed off accordingly.
(Sushma Singh) Information Commissioner 23.08.2010