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Leading Judgment on NGO within RTI Act Leading Judgment on NGO within RTI Act

Bronze medal Reporter Adv.Sanu Mathew Posted 11 Oct 2019 Read More News and Blogs
Leading Judgment on NGO within RTI Act

The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose, while considering appeals [D.A.V. College Trust And Management Society vs. Director Of Public Instructions] filed by colleges or associations running the colleges and/or schools, observed:

We have no doubt in our ;mind that,the bodies and NGOs mentioned in sub-clauses(i)and (ii) in the second part of the definition are in addition to the four categories mentioned in clauses(a)to(d)Clauses(a)to(d)cover only those bodies etc.which have been established or constituted in the four manners prescribed therein.By adding an inclusive clause in the definition Parliament intended to add two more categories the first being in sub-clause (i), which relates to bodies which are owned,controlled or substantially financed by the appropriate Government.These can be bodies which may not have been constituted by or under the Constitution, by an act of Parliament or State Legislature or by a notification.Anybody which is owned, controlled or substantially financed by the Government,would be a public authority.

NGO is not defined under the Act or any other statute as far as we are concerned. In fact, the term NGO appears to have been used for the first time describing an international body that is legally constituted but non-governmental in nature. It is created by natural or legal entities with no participation or representation by the Government. Even NGOs that are funded totally or partially by the Governments essentially maintain the NGO status by excluding Government representations in all their organizations. In some jurisprudence, they are also referred to as civil society organizations. A society which may not be owned or controlled by the Government may be an NGO but if it is substantially financed directly or indirectly by the government it would fall within the ambit of sub-clause (ii)the ambit of 'public authority' under Section 2(h) of the Right to Information Act, 2005. This is one of the legal judgments in India.


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