PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NLB.3/2007

Dated 01-01-2008

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

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

The following were present
1. Sri Sailendra Kr. Das, SDO(S) - Public Authority & SPIO, Nalbari
2. Shri Subash Debnath Exe. Member, Nalbari Hari Mandir
3. Sri Nagen Deka, Gen. Secretary Nalbri Hari Mandir
4. Sri Chandra Kolita, President Nalbari Hari Mandir
5. Hemanta Kumar Barman Exe. Member, Nalbari Hari Mandir
6. Shri Keshab Barman Exe. Member, Nalbari Hari Mandir
7. Sri Biswa Barman
8 Shri Ramen Barua

Brief of the case
On 7.9.07 a petition was received by the Commission from Shri Ramen Barua of Nalbari in which he stated that he applied for some information relating to the Nalbari Hari Mandir, basically a religio-cultural institution in nature, vide his petitions dated 11.7.07 and 17.7.07 addressed to the PIO, DC, Office Nalbari. He sought for the following information:

  1. A list of life members of Sri Sri Harimandir, Nalbari (Upto the general meeting held on 10.8.03)
  2. Minutes of discussions as well as the proceedings of the general meeting held on 10th August, 2003
  3. Information relating to 770 pieces of C.I. sheets belonging to Hari Mandir which were taken by some organization during the month of January, 2007 but unfortunately only 489 pieces were returned. If it is so, measures taken to recover the remaining pieces of C.I. sheets.
  4. How much net profit were earned from 1997 to 2006 from Theatre, Circus, Gift Coupon draw, stalls (rent from stall). Marriage contracts etc?
  5. In the Rash Mahotsava Souvenir 2006, it was stated that one crore sixty lakhs were spent for Bishnu Mandir. It is exceedingly confusing. However, was it not a case of manipulation or misleading to the people associated with Mandir?
  6. In the editorial report it was stated that 19 bighas of land were purchased for Hari Mandir. But how many bighas of land were purchased in the tenure of Secretary (1997-2007) and how many bighas of land were purchased by others?
  7. How much net profit was earned from Theatre during the Rash Mahotsava 2006 and how much money was deposited to the bank?
  8. How much money was spent for earth filling of the land purchased from P. Bhartia and how much spent for J.C.B. and other for dressing ?
  9. How much money the ‘Moonlight’ circus paid to the Hari Mandir in 2004 and was the amount deposited to the Bank and on which date?
  10. How many thousands were spent for plantation at Lakhimi Pothar and how many trees are standing or alive at present?
On receipt of the petition the SDO (S) Nalbari who is the SPIO of DC, office Nalbari sent the same to the President / Secretary of Nalbari Hari Mandir Committee on the request to furnish the required information to the petitioner immediately to avoid complicacy under the RTI Act, 2005.

The D.C, Nalbari sought for clarification from the Commission vide his letter dated 31.8.07 as to whether Nalbari Hari Mandir is covered under the provision of the RTI Act and the Commission informed him that the SPIO as well as the 1st Appellate Authority of the DC office Nalbari should decide the matter as per provision of the RTI Act, 2005 as the Commission will not give any information unless it is placed before the Commission under Chapter 5 of the Act.

On 15.9.07 the petition of Sri Ramen Barua of Nalbari along with the enclosures was transferred to the D.C. Nalbari under section 6(3) of the RTI Act. Then on 24.10.07 another petition was received from Shri Barua in which he informed the Commission that Harimandir Committee turned down his request for furnishing information although the DC, Nalbari insisted that Hari Mandir Committee should implement the direction of the Commission. He also informed the Commission that Hari Mandir Committee had adopted a resolution in its meeting held on 13.10.07 not to furnish any information to him.

On receipt of the complaint the Commission issued notices to the D.C Nalbari as well as Sri Nagen Deka , General Secretary, Sri Sri Harimandir Committee, Nalbari under section 18(2) of the RTI Act to appear before the Commission along with all records / details for inquiry. Accordingly the SPIO of the DC, Office Nalbari and the office bearers of Nalbari Hari Mandir appeared before the Commission today. The D.C. Nalbari however could not remain present in view of the ensuing Panchayat Election and deputed the SPIO to appear before the Commission after obtaining approval from the Commission.

Submission of the parties
Shri Barua, the complainant reiterated the statements made by him in his petition dated 11.7.07 and 17.7.07 and stated that inspite of the direction of the D.C. Nalbari through the SPIO of DC’s office, Nalbari, the Hari Mandir Authorities did not furnish him any information. He stated that he received a letter dated 14.8.07 from the Secretary of the Hari Mandir in which he was asked to inspect the documents on any day between 4 PM to 8PM but as he wanted copies of the documents, he did not inspect the documents.

The SPIO of the DC’s office, Nalbari submitted that on receipt of the petitions dated 11.7.07 and 17.7.07, he issued direction to the President / Secretary of Hari Mandir to furnish the information. The Secretary informed the complainant vide letter dated 14.8.07 that he could inspect the records but the complainant did not inspect the same. He informed that the Hari Mandir received Rs. 10 lakhs as financial assistance under MPAD fund of Shri Indramoni Bora, the then MP (R.S). He clarified that neither the DC Nalbari nor any officer of the DC’s office, Nalbari was associated with the Hari Mandir. But as the Hari Mandir received Rs. 10 lakhs from Shri Bora, MP, he sent the petitions of the complainant to the Hari Mandir authorities for furnishing him the information. He could not clarify to the Commission whether the District Authorities could inspect the Hari Mandir or enquire into the activities of Hari Mandir under any law in force and take action.

Shri Nagen Deka, the General Secretary of the Hari Mandir stated that the Hari Mandir, Nalbari is out and out a non-registered religious institution established in the year 1946 by the then leading citizens of greater Nalbari with their generous help / contributions / donations / subscriptions etc. He submitted that except Rs. 10 lakhs given by Shri I. Bora, the then MP from his MPAD fund, for construction of Yatri Nivas, no regular financial assistance had been received from the Government.

He further informed the Commission that Shri Ramen Barua, the complainant was an Executive Member of the Hari Mandir Committee till 23.10.07 and the Sub-Committee for construction of the Yatri Nivas was headed by him. He stated that he was surprised that being a member he had taken recourse to the RTI Act by applying twice to the SPIO of DC’s office on which DC had no control whatsoever and was in no way connected with the affairs. The Hari Mandir Committee is not public body nor it is substantially financed by Government he contended.

However, he allowed the complainant to inspect the records and to take notes but the complainant, instead of inspecting the records approached the Commission with a complaint. He sought a clarification from the SPIO (SDO, Sadar) Nalbari as to whether the Hari Mandir Committee, a non-registered organization i.e. a religio - cultural institution was a public authority under the provision of the Act but no clarification was received from the SDO(S).

He submitted that the Hari Mandir has an asset of about Rs. 5 crores and is not a substantially funded public body and as such he requested the Commission to exempt it from the ambit of RTI Act. He informed that the Nalbari Hari Mandir Committee has a constitution which stipulates that the list of the committee member should be kept in its office for public viewing.

The complaint stated that although the General Secretary stated that only Rs. 10 lakhs was received from Government but the Committee got sales-tax exemptions for the plays organized through the touring theatres and hence it should come under the purview of assistance from the Government and it would be substantial taking it from 1965.

The General Secretary clarified that sales – tax remissions are given by the Government to the touring theatre groups as a welfare measure for the artists and technicians etc for promotion of this important form of entertainment. Hence no amount had come to the Committee on this account as it was not the beneficiaries of the same. Hence he pleaded that the Hari Mandir Committee be exempted from the purview of the RTI Act as Section 2(h) is not applicable to it.

Observation of the Commission
The Commission perused the records, statements of both the complainant and the General Secretary.
There are two issues involved:
  1. (i) 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 on consideration of the matter was of the definite view that the Hari Mandir, Nalbari is not a NGO substantially funded by the Government. The grant of Rs. 10 lakhs by the MP was for the construction of yatri nivas and not for the Hari Mandir per se. It was not also in way of interpretation a substantial Govt. grant to bring it under the mischief of the definition under section 2 (h)(d) (ii) of the Act.

However, the Commission could not come to a definite opinion whether the Nalbari Hari Mandir is a private body which can be accessed by the Public Authority under any other law for the time being in force in view of the fact that the D. C Nalbari who could have clarified this legal position was not present and the SDO(S) Nalbari (SPIO) was not very clear on this point. The Commission was, therefore, of the view that the DC, Nalbari should clarify this point and send a written statement in this regard.

Decision of the Commission
Under the above circumstances, 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.

The Secretary of the Commission should place the matter before the Commission on 31.1.08 for further consideration.



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 January 1, 2008

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


Secretary
State Information Commission, Assam