Percentage of substantially financed
Rohan
(Querist) 02 April 2019
This query is : Resolved
I want to know that what is the percentage of substantially financed to assess whether the entity is "Public Authority" as defined in Section 2(H) of RTI Act 2005
Dr J C Vashista
(Expert) 03 April 2019
Vague academic question lacking facts of the dispute.
Guest
(Expert) 03 April 2019
Dear Rohan,
Although law has not defined anywhere what "substantially financed" means, but as per the Indian Supreme Court ruling dated Oct. 3, 2013, substantially financed means that “the degree of financing must be actual, existing, positive and real to a substantial extent, not moderate, ordinary, tolerable etc.”
The Apex court further suggested that “substantial” means that without the funding the organization “would struggle to exist.”
So, no fixed percentage, but financed to the extent by which the organization may continue to exist. The percentage can be any, may be 10% or even 100% that depends upon the means to save any organization from getting closed for want of its own resources and to help sustain its activities for its continued existence.
Rohan
(Querist) 03 April 2019
Thanks a lot sir,let me clear put the question more specifically An organization which is a joint centre through the joint centre agreement and one is shaving 85 percent of sharing which is private organization and the appropriate government is shaving 15 percent share so is this JV comes under the amit of Section 2h of RTI Act 2005 or not and is answerable as a public authority ,please guide
Dr J C Vashista
(Expert) 04 April 2019
Not yet clear statement/ information/ facts of your query.
Whether any of the officials of the organisation is paid employee of government or private entity ?
If the person at the helm of affairs of the organisation is government employee fall under the preview of Section 2 (h) of the Right to Information Act, 2005.
Guest
(Expert) 04 April 2019
You have not come forward with the real problem, if you really face any.
However, even on the point of your academic query, Dr. JC Vashista has rightly advised you.
