![]() ![]() The word “control” or “controlled” has not been defined in the RTI Act, and hence, we have to understand the scope of the expression ‘controlled’ in the context of the words which exist prior and subsequent i.e. Let us examine the meaning of the expression “controlled” in the context of RTI Act. Body Controlled by the Appropriate GovernmentĪ body which is controlled by the appropriate government can fall under the definition of public authority under Section 2h(d)(i). A body owned, means to have a good legal title to it having the ultimate control over the affairs of that body, ownership takes in its fold control, finance etc. Section 2(h)(d)(i) of the RTI Act: Body Owned, Controlled or Substantially Financed by the Appropriate Government Body owned by the Appropriate GovernmentĪ body owned by the appropriate government clearly falls under Section 2(h)(d)(i) of the Act. So, I have provided the Supreme Court’s interpretation of Section 2(h)(d)(i) &(ii). Many get confused in interpreting Section 2(h)(d)(i) &(ii). Section 2(h)(a), (b), and (c) is clear as it is straightforward. When such expressions are used, they may afford an exhaustive explanation of the meaning which for the purpose of the Act, must invariably be attached to those words and expressions. Bhola Nath Sharma (Dead) by LRs and others (2011) 2 SCC 54, (in paras 25 to 28). ![]() Meanings of the expressions ‘means’ and ‘includes’ have been explained by this Court in Delhi Development Authority v. But when both the expressions “means” and “includes” are used, the categories mentioned there would exhaust themselves. ![]() When a word is defined to ‘mean’ something, the definition is prima facie restrictive and where the word is defined to ‘include’ some other thing, the definition is prima facie extensive. Legislature, in its wisdom, while defining the expression “public authority” under Section 2(h), intended to embrace only those categories, which are specifically included, unless the context of the Act otherwise requires. Section 2(h) has used the expressions ‘means’ and includes’. I have produced below the interpretation of Section 2(h) of RTI Act here. State of Kerala and others while deciding that whether cooperative society qualifies as public authority under Section 2(h) of the RTI Act, Hon’ble Supreme Court has interpreted various provisions of the RTI Act. Hon’ble Supreme Court’s Interpretation of Definition of Public Authority under RTI Act 2005 As already pointed out, a body, institution or an organization, which is neither a State within the meaning of Article 12 of the Constitution or instrumentalities, may still answer the definition of public authority under Section 2(h)d (i) or (ii). ![]() The RTI Act, therefore, deals with bodies which are owned, controlled or substantially financed, directly or indirectly, by funds provided by the appropriate government and also non-government organizations substantially financed, directly or indirectly, by funds provided by the appropriate government, in the event of which they may fall within the definition of Section 2(h)(d)(i) or (ii) respectively. Ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government” (i) body owned, controlled or substantially financed (d) by notification issued or order made by the appropriate Government, and includes any. (c) by any other law made by State Legislature (h) “public authority” means any authority or body or institution of self-government established or constituted. Definitions: In this Act, unless the context otherwise requires : The expression “public authority” is defined under Section 2(h) of the RTI Act, which reads as follows: Whether Cooperative Society is Public Authority under RTI Act?ĭefinition of Public Authority under RTI Act 2005: Section 2(h) of RTI Act, 2005.Burden to show that a body is owned, controlled or substantially financed on whom?.Section 2(h)(d)(ii) of the RTI Act: Non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government”.Body Substantially Financed by the Appropriate Government.Body Controlled by the Appropriate Government.Body owned by the Appropriate Government.Section 2(h)(d)(i) of the RTI Act: Body Owned, Controlled or Substantially Financed by the Appropriate Government.Hon’ble Supreme Court’s Interpretation of Definition of Public Authority under RTI Act 2005.Definition of Public Authority under RTI Act 2005: Section 2(h) of RTI Act, 2005. ![]()
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