then the definition goes on to say "and includes any" and
thereafter the definition reads as: "(i) body owned, controlled or
substantially ... government.
(b) Body Controlled by the Appropriate Government :
A body which is controlled by the appropriate government can fall under the
definition of public authority
management or affairs of the society
so os to be controlled. Management and control ore statutorily conferred
on the lvlanagement Committee or the Board ... affairs of the body."
Going by the above definition of 'control', it cannot be said that because of the
presence of representatives
Central Government in relation to a
body which is controlled by the Central Government. The control of Central
Government on the functioning of MIAL ... that even the bodies brought in by the extended
definition:
(i) "...Body owned, controlled or substantially financed;
(ii) Non-Government organization substantially financed,
directly
servant, elected and paid by the
public, is a public authority. The definition of a public authority under the RTI
Act is as follows ... territory of India or under the
control of the government of India.'
That the definition of 'State' is not confined
that LICHFL is not a Government
controlled company;
(iv) The words "substantially financed" in the definition of Public
Authority have not been defined ... body which is controlled by Appropriate
Government. The High Court, therefore, did not make a distinction between
the control exercised directly by Appropriate Government
definition may be found in a relatable statute and applied and
have therefore applied the definition given in Sec 14(1) of the
CAG ... substantial control, the school is not structured to be controlled
by government. Nevertheless u/s 2(f) of the RTI Act the definition
body which is controlled by the appropriate government can fall under the
definition of public authority under Section 2h(d)(i). Let us examine ... that co-operative societies neither met the
threshold of control by government required under the definition of "the State" in Article
Sabha Secretariat or under its control as mandated by the definition of 'right
to information' u/Sec 2(j)
Reserved in the hearing
cases as
extracted below :-
"25. Above-all, the deep and pervasive control as required under Article 12 , is not
required and essential ingredient ... then there
was no need/occasion to assign a specific broader definition of public authority under
section 2(h) of RTI Act in this relevant
title to it having the
ultimate control over the affairs of that body, ownership takes in its fold
control, finance etc. Further discussion of this ... government.
(b) Body Controlled by the Appropriate Government A body which
is controlled by the appropriate government can fall under the definition
of public authority
