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9. A reference to the decision of this Court in Dr. Fenton De Souza & anr. vs. State of Goa, Through its Chief Secretary and Ors.9, is relevant at this juncture itself to appreciate the scope and import of administrative tutelage of the State over the comunidades provided under Article 5 of the Code. It is important to understand that the village communities were governed by the Code of Comunidades. Paragraphs 39, 43, 44, 47, 48 and 49 are relevant which read thus :

39. Article 5 of the Code of Comunidades provides that the Comunidades shall be under the administrative tutelage of the State, in terms established in the Code, and its immovable properties may be granted on emphyteusis and alienated in the manner provided in this Court. There are several provisions in the Code of Comunidades which relate to the control of the Administrator and the State Government as regards the functioning of the Comunidades. There are several provisions relating to the administrative and fiscal controls exercised by the Administrator and the State 9 2023 SCC OnLine Bom 2094 26th July 2024 WP-1004-17-1177-2019.doc Government, particularly when it comes to the finances and properties of the Comunidades. A Comunidade is required to obtain approval from the Administrative Tribunal before settling or compromising any litigation inter alia concerning the Comunidade property.

44. Even the definition of "tutelage" in the Black's Law Dictionary (Eighth Edition) relied upon by Mr. Sardessai refers to "tutelage" being "the act of protecting or guiding". This means that if the Managing Committee or even the general body of the 26th July 2024 WP-1004-17-1177-2019.doc Comunidade wishes to fritter away the Comunidade property for charges lesser than the market value, even for a temporary basis, the State Government, in the exercise of its responsibility of tutelage, can step in and prevent the frittering away of the Comunidade property. Such an intervention would amount to protection of the Comunidade or the Comunidade properties. Such an intervention would amount to guiding the Comunidade in the matter of disposal of its properties in the best interest of the Comunidades and its members.

25. It is pertinent to note that Article 5 of the Code stipulates that the comunidade shall only be under the administrative tutelage of the State and further by Article 39 of the Code, the affairs of each comunidade shall be managed by a managing committee elected every three years in the manner prescribed under the Code. It needs to be noted that it is only the members and shareholders that are entitled to the profits and losses of the comunidade. We thus find that the powers exercised by the State Government and/or the Administrators of the comunidade under the Code are only regulatory or supervisory in nature and would not be so dominant to indicate a substantial control. We do not find any provisions in the Code nor can we discern from any other materials that there is any funding or financing directly or indirectly by the State 26th July 2024 WP-1004-17-1177-2019.doc Government much less substantial financing. It is pertinent to note that a reading of Articles 100(2), 125(4), 125(5), 153(20), 472(5) and 472(10) of the Code of comunidades would show that, on the contrary, it is the comunidade which is required to pay 'derrama' to the State Government as also pay salaries to the clerks who are appointed by the State Government. The respondent no.1 does not appear to have placed any materials in discharge of his burden to show that the comunidade is owned and substantially financed and in all that it is a non- governmental organization substantially financed directly or indirectly by funds provided by the appropriate Government. We, therefore, have no hesitation in holding that the comunidade would not be a public authority within the meaning of Section 2(h) of the RTI Act.

31. The question then is that whether the clerk/escriavo or the Administrator is obliged to furnish the information under the RTI Act on an application made by the person seeking information merely because they are appointed by the State Government. As indicated earlier, Articles 84 to 98 deals with clerks/escriavo of the comunidade and their powers and duties. Article 83(3) stipulates that all the records and the documents of the comunidade shall be under the custody of the clerks, who shall be responsible to the Administrator of comunidade. Article 94 of the Code provides that the clerk of comunidade belongs to a general cadre and shall be appointed, 26th July 2024 WP-1004-17-1177-2019.doc promoted and transferred by the Government under the terms prescribed by the Code. No doubt, Article 117 stipulates that the Administrative Offices of the comunidades are considered for all purpose as public offices. This, however, does not mean that merely because the records of the comunidade are in the custody of the clerk or that the information is available with the Administrator, the application can be made to the Administrator or clerk to supply any information relating to the comunidades under the RTI Act. The reason being that the information essentially pertains to the affairs of the comunidade, which is not public authority. It is in the capacity as a regulator or as a supervisor or as a custodian of records that the information is available with the Administrator or clerk appointed by the State Government. Such regulatory control by the Administrator in respect of the matters stipulated under the Code already referred to herein before can by no stretch of imagination be said to be so deep and pervasive to bring the Comunidades within the meaning of the term 'public authority'.