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Central Information Commission

Mr.Balasahib S Kurup vs Ministry Of Shipping,Road Transport ... on 25 June, 2012

                        Central Information Commission
             Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                     Bhikaji Cama Place, New Delhi­110066
                    Web: www.cic.gov.in Tel No: 26167931

                                            Case No. CIC/AT/C/2010/000777/SS
                                                     CIC/AT/C/2010/000778/SS

                                                               Dated: 25.06.2012

Name of Appellant                 :      Shri Balasahib S. Kurup

Name of Respondent                :      Central Institute of Road Transport.

Date of Hearing                   :      26.09.2011

                                      ORDER

Shri Balasahib S. Kurup, hereinafter called the appellant has filed two appeals/complaints each dated 05.06.2010 before the Commission against the respondent Central Institute of Road Transport (CIRT), Pune for denial of information in reply to his two RTI-applications dated 12.1.2009 and 30.1.2010. The matter came up for hearing on 26.9.2011. The appellant was absent, whereas respondent were represented by Shri V. Krishnaswamy, Deputy Secretary, Ministry of Road Transport & Highways, Shri M.M. Pathak, Scientist 'B", CIRT, Pune and Shri R. Chandrabary, Sr. Assistant Director, ASRTU

2. The appellant filed two applications dated 12.1.2009 and 30.1.2010 under the provisions of the RTI Act in which he sought certain information. The PRO, CIRT, Pune vide his letter dated 15.7.2009 informed the appellant that the CIRT was not covered under the purview of the RTI Act, 2005. The stamp fee charge of Rs. 30/- towards his application was refunded vide cheque No. 783782 dated 15.7.2009.

CIC/AT/C/2010/00000778/SS

3. The respondent from the Ministry of Road Transport & Highways submits that CIRT is a body created by the Association of State Road Transport Undertakings (ASTRU). ASRTU is a registered society under the Societies Act and is not substantially funded by the Government. The Commission vide its order dated 27.9.2010 in the matter of Shri K.K. Khattar Vs. Association of State Road Transport Undertakings (ASRTU) held that ASRTU is not a public authority and hence is not covered under the RTI Act. Since CIRT, Pune is a body of ASRTU, it can be treated in similar lines as that of ASRTU. Moreover, details of the financing as well as day to day functioning of CIRT, Pune are not controlled by the Ministry.

4. The respondent from CIRT submits as under:

• CIRT was set up in Pune by Association of State Road Transport Undertakings) & Ministry of Transport & Highways. CIRT does not have separate identity. The Institute is the technical arm of ASRTU, which is voluntary organization under Societies Act. This Institute's Policy decisions are taken in the Executive Committee meetings which are being conducted periodically by Governing Council of ASRTU. All expenditures for the running of CIRT are met with its own revenue earnings through its facilities such as training and testing of auto components. • CIRT's testing facilities for auto components are utilized by both private and Government organizations on payment of test charges. • The information sought by the appellant are not pertaining to this Institute. CIRT is not in possession of the demanded data and is not the statutory authority for making any such laws or legal mandatory requirements. Out testing facilities are utilized by private vehicle and auto components manufacturers, State Transport Undertakings and other government bodies.

• CIRT is one of the approved testing agencies under Rule Nos. 124 and 126 of CMVR Act for testing auto components and vehicles. The vehicle and auto component manufacturers utilize our testing facilities on payment basis.

• CIRT does not receive project based funding from Ministry of Heavy Industries & Public Enterprises through R&D Cess Fund for particular projects. The Ministry of Road Transport & Highways also grants funds for a project for establishing a Institute of Drivers Training & Research. But 3 Case No. CIC/AT/C/2010/00000777/SS CIC/AT/C/2010/00000778/SS CIRT does not receive any regular substantial funds from any Ministry to meet the running expenditure/operational cost of the Institute.

5. Having considered the submissions of the parties and perused the relevant papers on file, the Commission notices that the CIRT is a body created by the Association of State Road Transport Undertakings (ASRTU), which is a registered society registered under Societies Act. The Commission vide its order dated 27.9.2010 in case No. CIC/AT/C/2010/000116, in the matter of Shri K.K. Khattar Vs. Association of State Road Transport Undertakings (ASRTU) held that ASRTU is not a public authority and hence is not covered under the RTI Act. Since CIRT, Pune is a body of ASTRU and has been set up by ASTRU, the Commission is of the view that it can be treated on similar lines as ASRTU, therefore, CIRT does not qualify to be public authority within the meaning of Section 2(h) of the RTI Act.

The matter is disposed of on the part of the Commission.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/AT/C/2010/00000777/SS CIC/AT/C/2010/00000778/SS Address of the parties:

Shri Balasahib S. Kurup, 2nd Floor, Kavita Complex, College Road, Nasik-422005 (Maharashtra) The Director, Central Institute of Road Transport, Post Box No. 1897, Pune Nasik Road, Pune-411026.

The Deputy Secretary & CPIO, Ministry of Road Transport & Highways, RT Division, Transport Bhawan, 1, Parliament Street, New Delhi-110001.