Central Information Commission
CIC/AD/C/2009/000394
Dated July 31, 2009
Name of the Applicant : Mr. Sunil Yadav
Name of the Public Authority : Indian Red Cross Society
Background
1. The Applicant filed the RTI application before the PIO, Lieutenant
Governor’s Secretariat, Delhi on 05.03.2009 seeking detailed information
against 42 points about: the rules and regulations of IRCS Delhi ; list and
name/s of various officials viz. PIO, Managing Body Member/s, Hony
Secretaries, Hony Treasurers and their addresses, phone numbers, email ID;
copies of Balance Sheet for FY 2006-07, 2007-08; copies of IT Returns for
these periods; details of donations received for Bihar Flood Relief and Orissa
Flood Relief in FY 2008-09; details of utilization of the donation money; details
of public officers from Raj Bhavan and Govt. of Delhi working for IRCS and
various other information related to the organizational setup and functioning
of IRCS.
2. The PIO, Lieutenant Governor’s Secretariat transferred the RTI application to
the Indian Red Cross Society, Delhi Branch vide communication dated
17.03.2009. The Hony. Asstt. Secretary, IRCS Delhi Branch replied on
09.04.2009 denying information to the Applicant on the ground that the
provisions of RTI Act 2005 are not applicable to the Indian Red Cross Society,
Delhi Branch.
3. Since the IRCS Delhi Branch maintained that that RTI Act was not applicable
to them, hence in the absence of any First Appellate Authority, no First Appeal
was filed. The Applicant instead filed an Appeal before the CIC on 30.04.09
inter alia submitting that the IRCS and all its Branches (including the Delhi
Branch) have been constituted under Act XV of 1920 as amended by Act 14 of
1992 ( as reflected from the letterhead used by the Asstt. Hony. Secretary for
his letter dated 09.04.2009) and that the parent body, the National HQ of
IRCS is covered under RTI Act 2005 and the IRCS NHQ has its own PIO under
the RTI Act and all State Branches are expected to be also similarly covered.
4. Accordingly, the Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for 15 June, 2009.
5. Mr. V K Sharma, Hony. Assistant Secretary, IRCS, Delhi Branch ; Mr. G D
Khanna, E.O. and Mr. G B Tulsiani, Advocate represented the Public Authority.
6. The Applicant was present during the hearing.
7. The Respondent from the IRCS Delhi Branch maintained that the information
that he had furnished to the Appellant vide letter dated 9.4.09 about IRCS
Delhi Branch not being a Public Authority is the correct and complete
information which he possessed. The Appellant, however, maintained that the
information provided by the CPIO in respect of the RTI request dated
17.12.08 is totally incorrect and misleading. In these peculiar circumstances,
the Commission adjourned the matter to 31.7.2009 after directing the
Respondent from, IRCS, Delhi Branch to be present at the hearing on
31.7.2009 with an affidavit stating that he has provided complete and correct
information to the Appellant as per the records available with him and
directing the Appellant to provide further submission in support of his
argument. .
8. The second hearing took place on 31.7.09 with the Appellant present at the
hearing. Mr. V K Sharma, CPIO & Hony. Assistant Secretary, IRCS Delhi
Branch; Mr. G D Khanna, E.O. and Mr. G B Tulsiani, Advocate represented the
Public Authority.
Decision
9. During the hearing on 31.7.09, with respect to the IRCS’s resistance to
furnishing information on the pretext that IRCS, Delhi Branch is not a Public
Authority; the Appellant submitted detailed argument covering the following
points, while substantiating his arguments with relevant documents:
i. IRCS was created by an Act of Parliament viz. Act XV of 1920 which
empowered the IRCS to have its Branches in the States viz. Branch
Committees of IRCS, fact duly acknowledged in the IRCS website. Even
the letterhead used by the IRCS, Delhi indicates that the body has
been created by Parliamentary Act.
ii. As per the Act, the President of India is the President, IRCS and the
Union Health Minister is the Chairman of the IRCS while the Governor
and Lt. Governors of the States are the Presidents of the respective
State Branches.
iii. The main office of the IRCS is located in a Government of India building
at Golf Links, an area with costliest real estate value, at a token lease
amount. The exact particulars of the property comprise a two storeyed
building having 5 major halls, 7 rooms, one bungalow, 5 servant
quarters etc. at a lease rental of a token sum of Rs. 1305/-p.a as the
ground rent, thereby indicating that huge Government subsidy in the
name of lease rental for the property.
iv. A 100 bedded hospital at Seemapuri, land whereof was provided by
Delhi Government at a token amount; several MIG and LIG flats
provided by the Govt. of Delhi; welfare centre run from a building
provided by MCD free of cost and such similar infrastructural
support/assistance provided by the Government to ICRS Delhi Branch
v. IT return of IRCS, Delhi Branch filed through the PAN number of IRCS
which is a Public Authority.
vi. IRCS, Delhi Branch was obtaining VAT refunds for IRCS purchases from
Govt. of Delhi through its own accounts instead of claiming VAT refund
through its NHQ from the Government of Delhi.
vii. The Junior Wing of IRCS operated from a Delhi Government building
and its affairs being looked after by senior officials comprising the
Managing Body [viz. the Director of Education; a representative from
the IRCS HQ; Director of Health Services; Chairperson, Delhi Social
Welfare Advisory Board; MHO, Health Department, MCD from the
Government of Delhi and such other assistance enjoyed by the IRCS,
Delhi Branch from the Government .
viii. Sharing of membership/subscription as well as First Aid Training fee
with the parent body i.e. IRCS.
ix. Provisions of the Act lay down rules for selection of members of the
IRCS’s Apex decision making body whereby majority of its highest
decision making body is elected by the State Branches
x. Provisions of the IRCS Act further indicate that income out of property
of the Society is to be distributed annually to its State Branches
[Section 7 (1)]; wide and total powers including formulation of election
of members and also supervisory powers over activities of the State
Branch, enjoyed by the Managing Body of the IRCS over the State
Branches [Section 5 (d) and (f)]; powers enjoyed by the State Branch
Committees are subject to provisions of Rules made under Section 5
and the powers of supervision exercisable by the Managing Body of
IRCS [Section 12] etc.
The Commission also received documentary evidence submitted by the
Appellant indicating the various grants received by the IRCS, Delhi Branch
from time to time (i) from the Delhi Welfare Board [2004-05]; (ii) MCD,
South Zone ; (iii) the Receipts and Payments account for the year ended
31.03.2005 indicating advance received by the IRCS, Delhi Branch from
Ministry of Health & Family Welfare for World Health Day as Rs. 2,23,200/-;
Auditor’s Report indicating huge receipts amounting to lakhs of Rupees
received from the IRCS,HQ during the year ended 2005.
10. The Respondent, IRCS, Delhi Branch in their written submissions dated
03.07.2000 reiterated that IRCS, Delhi is not a Public Authority as defined in
Section 2 (h) of the RTI Act 2005 and hence the provisions of the RTI Act
2005 are not applicable to the Branch. It was also contended by the
Respondent that no financial assistance/funds were received by IRCS, Delhi
from the Government nor was it controlled by way of any substantial financial
assistance received from the Central/State Government. The Respondent
further stated in his submissions that the IRCS Delhi Branch is not dependent
on any Government grant or assistance and that its funds were generated
through donations and by way of membership fee etc and the funds so
received/collected are duly accounted for and utilized for the charitable
purposes. The Respondent further submitted that its Delhi Branch has its own
Rules and Bye laws. In so far as the land in respect of the building of Delhi
Red Cross is concerned, it is situated in Golf Links admeasuring .725 acres
and was purchased from the L&DO in 1962 and a consideration to the tune of
Rs. 26,100/- had been paid. The land was admittedly a Leasehold land, the
Agreement for Lease in this regard executed on 26.05.1962, the Society
paying lease rental of Rs. 1305/- p.a.. However apart from these general
contentions, the Respondent, duly represented by an Advocate, did not rebut
the specific arguments raised by the Appellant with respect to the provisions
of law as also on the factual aspect of the creation of the IRCS, Delhi Branch
by an Act of Parliament. The Respondent was also quiet on the various other
specific averments of the Appellant in his written submissions dated
31.07.2009.
11. In the light of the facts and circumstances of the case presented to the
Commission, the position that emerged was that there was no reasonable
explanation which the Respondents could furnish to counter the fact that
IRCS, Delhi Branch is a Public Authority like all the other State Branches viz.
at Chandigarh, Ludhiana, Bihar etc. which have from time to time been
representing themselves before the CIC in the capacity of a Public Authority.
Having been created by an Act of the Parliament, it s a body undoubtedly
created out of public funds, enjoying an accommodation at a posh locality at a
much subsidized, almost token lease rental, thus being substantially
financed, controlled and managed by Government officials, thereby leaving
not an iota of doubt that the IRCS, Delhi Branch is indeed a Public Authority.
Accordingly, the Respondent, IRCS, Delhi Branch is directed to furnish the
information as sought by the Appellant in the RTI request . Additionally, the
IRCS Delhi Branch is also directed immediately to appoint a PIO under Section
5(1) of the RTI Act and also to comply with the provisions under Section
4(1)(b).of the Act by end of October, 2009 under intimation to the
Commission.
12. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr.Sunil Yadav
H.No.D-1/2
14 Rajpur Road
Delhi 110 054
2. The CPIO
Indian Red Cross Society
1 Red Cross Road
New Delhi
3. The Appellate Authority
Indian Red Cross Society
1 Red Cross Road
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC