PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NBL.3/2007

Dated 01-02-2008

Name of the Complainant:
Shri Ramen Barua
Member, Harimandir Committee
Nalbari, Dist- Nalbari, Assam

Name of the Public Authority / SPIO:
Shri Shri Harimandir Committee/DC, Nalbari

The Commission had its sitting today to consider the written statement of the Deputy Commissioner, Nalbari, asked by the Commission to submit by 31st January, 2008 clarifying as to whether the Public Authority can access to any information from the Shri Shri Hari Mandir at Nalbari a private body, as contemplated under section 2 (f) of the Act.

Brief of the case
The Commission while hearing the case No. NLB.3/2007 (Sri Ramen Barua -vs- Shri Shri Hari Mandir Committee - D.C. Nalbari) on 1.1.08 was pleased to observe as follows:

  1. Whether the Nalbari Hari Mandir is a non-Government organization substantially financed directly or indirectly by funds provided by the appropriate Government as contemplated under section 2 (h)(d) (ii) of the Act?
  2. Whether information relating to the said Hari Mandir can be accessed by a Public Authority under any other law for the time being in force under section 2 (f)?
The Commission decided that the Nalbari Hari Mandir is a non Government organization not substantially financed directly or indirectly by the Government. However the Commission was not clear whether the said Hari Mandir can be accessed by a Public Authority under any other law for the time being in force under section 2 (f) of the RTI Act.

The Commission decided to direct that the DC, Nalbari should send a written statement to the Commission by 31st January, 2008 clarifying as to whether the Public Authority can access to any information from the said Hari Mandir a private body, as contemplated under 2 (f) of the Act.

Accordingly the D.C, Nalbari had furnished his written statement on the matter. The Commission perused the statement and found that Shri Shri Hari Mandir, Nalbari is a religious institution and is managed out of the donation received from the public. The said mandir was established in the year 1946 by the then leading citizens of Nalbari district who took up the task of building Shri Shri Hari Mandir and since then the Committee has been in existence, its members being selected after every three years by its life members and general (term) members. In the statement it was clearly stated that Shri Shri Hari Mandir is a non registered religious and cultural organization and it has developed over the years and at present it has property worth nearly Rs. 5 crores . Over the last three years its income is as follows:
  1. Monthly income Rs. 12,000/- (from rent collected from shops build by the Committee.
  2. Yearly income (during Rash Mahotsava) Rs. 11 lakhs.
  3. Theatre's income Rs. 7 lakhs. Gift Coupon's income Rs. 3.5 lakhs, Nirmli (Pranami) Rs. 50,000/-
The DC, Nalbari was of the opinion that it was not a public authority nor can it be accessed by any public authority under any law in force.

Observation of the Commission
The Commission on perusal of the statement of the D.C Nalbari was of the view that Shri Shri Hari Mandir, Nalbari is a private body and cannot be accessed by any public authority under any other law for the time being in force under section 2(f) of the RTI Act, 2005 and hence the affairs of Shri Shri Hari Mandir Committee at Nalbari do not come under the purview of the RTI Act.

Decisions of the Commission
Under the circumstances the Commission rejected the petition of Sri Ramen Barua for information which he sought to obtain from the Shri Shri Hari Mandir Committee.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.


Sd/ (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC/NLB. 3/2007 Dated February 1, 2008

CC:

  1. The Deputy Commissioner, Nalbari
  2. Shri Nagen Deka, General Secretary, Nalbari Hari Mandir, Nalbari
  3. Shri Chandra Kalita. President, Nalbari Hari Mandir, Nalbari
  4. Shri Ramen Barua, Member, Nalbari Hari Mandir, Nalbari
  5. The DIPR, Dispur, Guwahati.
  6. MD, AMTRON, Bamunimaidan
  7. Office file.

Secretary
State Information Commission, Assam