IRC Public authority under RTI: SIC
Greater Kashmir, 08/April/2012
Srinagar, Apr 7: In a landmark judgment, the State Information Commission has ruled that Indian Red Cross Society J&K Branch is a Public Authority under Right to Information (RTI) Act -2009
“Having considered all the facts and evidence brought on record, the Commission hereby declares the Indian Red Cross Society J&K Branch as a Public Authority in terms of Section 2 (f) of the State Right to Information Act, 2009,” the double bench comprising Chief Information Commissioner Ghulam Rasool Sofi and State Information Commissioner Nazir Ahmed said in an order today.
The order directed the Public Authority of J&K Branch of Indian Red Cross Society to designate PIOs/APIOs and 1st Appellate Authority for their offices at Srinagar and Jammu within 30 days.
Pertinently, Ghulam Rasool Shah had filed an application under Section 6 of the State RTI Act before Hon’y General Secretary, Indian Red Cross Society, J&K Branch, Srinagar for obtaining the information.
“The Post of Programme Manager is fully sponsored by International Red Cross Society, therefore, it does not fall within the purview of RTI Act of the State,” the Honorary Secretary ruled in his order.
After failing to get requisite information, Shah filed a complaint before the Commission in December last year.
After preliminary hearing, the SIC recommended for constitution of a larger/ double Bench which was approved by the Chief Information Commissioner of, in accordance with State Right to Information Rules, 2010.
During the hearings, the Commission perused the records and evidences provided by both sides in support of their arguments. The Commission in its order said: “It is an admitted fact that the building of Red Cross Society Kashmir Branch has been constructed out of Government funds. Secretary of the Society, though Honorary, is appointed and nominated by the Government. The Red Cross Society Kashmir Branch is covered under an Act ‘XV of 1920 as amended by Act 22 of 1956 and the adaptation of Laws (4) order 1957’. The President and Vice-President of Red Cross Society State Branch respectively are Governor of Jammu and Kashmir State and Chief Minister of the State.”
“These facts do strongly suggest that the Indian Red Cross Society is a Public Authority,” the order reads.
The judgment said that national headquarter of Indian Red Cross Society is covered under (Central) RTI Act, 2005. “The issue whether Central Indian Red Cross Society falls under the ambit of Central RTI Act, 2005 has been replied in affirmative by the Central Information Commission vide their order dated 31-08-2008 passed in the case titled Sunil Yadav V/S Indian Red Cross Society. It was also noted by the Central Information Commission in the above order that National HQ of IRCS is covered under (Central) 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,” the order states.
http://www.greaterkashmir.com/news/2012/Apr/8/irc-public-authority-under-rti-sic-64.asp
Greater Kashmir, 08/April/2012
UMER MAQBOOL
Srinagar, Apr 7: In a landmark judgment, the State Information Commission has ruled that Indian Red Cross Society J&K Branch is a Public Authority under Right to Information (RTI) Act -2009
“Having considered all the facts and evidence brought on record, the Commission hereby declares the Indian Red Cross Society J&K Branch as a Public Authority in terms of Section 2 (f) of the State Right to Information Act, 2009,” the double bench comprising Chief Information Commissioner Ghulam Rasool Sofi and State Information Commissioner Nazir Ahmed said in an order today.
The order directed the Public Authority of J&K Branch of Indian Red Cross Society to designate PIOs/APIOs and 1st Appellate Authority for their offices at Srinagar and Jammu within 30 days.
Pertinently, Ghulam Rasool Shah had filed an application under Section 6 of the State RTI Act before Hon’y General Secretary, Indian Red Cross Society, J&K Branch, Srinagar for obtaining the information.
“The Post of Programme Manager is fully sponsored by International Red Cross Society, therefore, it does not fall within the purview of RTI Act of the State,” the Honorary Secretary ruled in his order.
After failing to get requisite information, Shah filed a complaint before the Commission in December last year.
After preliminary hearing, the SIC recommended for constitution of a larger/ double Bench which was approved by the Chief Information Commissioner of, in accordance with State Right to Information Rules, 2010.
During the hearings, the Commission perused the records and evidences provided by both sides in support of their arguments. The Commission in its order said: “It is an admitted fact that the building of Red Cross Society Kashmir Branch has been constructed out of Government funds. Secretary of the Society, though Honorary, is appointed and nominated by the Government. The Red Cross Society Kashmir Branch is covered under an Act ‘XV of 1920 as amended by Act 22 of 1956 and the adaptation of Laws (4) order 1957’. The President and Vice-President of Red Cross Society State Branch respectively are Governor of Jammu and Kashmir State and Chief Minister of the State.”
“These facts do strongly suggest that the Indian Red Cross Society is a Public Authority,” the order reads.
The judgment said that national headquarter of Indian Red Cross Society is covered under (Central) RTI Act, 2005. “The issue whether Central Indian Red Cross Society falls under the ambit of Central RTI Act, 2005 has been replied in affirmative by the Central Information Commission vide their order dated 31-08-2008 passed in the case titled Sunil Yadav V/S Indian Red Cross Society. It was also noted by the Central Information Commission in the above order that National HQ of IRCS is covered under (Central) 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,” the order states.
http://www.greaterkashmir.com/news/2012/Apr/8/irc-public-authority-under-rti-sic-64.asp
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