This query is : Resolved 

Online (Querist)
21 January 2009

My one of the friend was serving with an NGO of disabled persons, this is not running under any government grant, donations, but running only the membership of of disabled persons.About 20 years back, district administration has granted some 7.50 acres of vacant land to this NGO to set up Vacational Rehabilitation projects, but due to high politics the then office bearers could not able to set up the project and got the land idle, due to this the entire land was taken back by the district administration and the proper records was not available with that NGO. Meanwhile one of the disabled member made an application in the name of GENERAL SECRETARY of the association [Present General Secretary was only new to this NGO as he serving general secretary for the past 4 yEARS] under RTI act along with Rs.10/- postal order to produce the documents of aforesaid land alloted to that NGO during 20 years back.

Please ascertain whether the innosent General Secretary should bound to reply that RTI application and what is the procedure to return back that postal order submitted to NGO.


Manish Singh (Expert)
21 January 2009

if the information sought is all about the matter related to the land granted by the authorities, the appropiate officials are bound to revert with the information so sought.
its not about innocence of anybody bt its all about matters related to public authorities.
that department must be having a PIO so forward the application to him. he shall reply back to the applicant afeter looking into the matter.

21 January 2009

Thanks for the information, but that NGO is not having any public relation officer except the board of directors, hence replying through PRO, please clarify further. As the land record papers available in that NGO is not in order. Therefore ascertain whether the general secretary bound to reply to that RTI application, if not what is the procedure to return that Rs.10/- postal order submitted along with RTI application. I also advised the applicant to contact the District Administration i.e. District Commissioner to collect further information and land records. But they have not interested to do so, hence please clarify further.

Manish Singh (Expert)
22 January 2009

Dear Mr. Prasad,
I am sorry if i had taken your query in other sense.
if you are talking about RTI on the said NGO, then you are not bound to provide anyhting except the said project since it was a public funded project.
NGOs without government aid do not come under the scanner of the RTI Act.
but since the said project was a government aided project you shall be bound by the RTI provisions.
But in the above said case since the project didnt materialise you and the said land was taken back by public authorities, you are free from the purview of the Act.
just reply to the applicant that since the said project could not materialise the project ws taken back by the authorities hence no furthr liabilty arises on your part under the RTI act and ask them to move the appliation to the said public authority instead.

Manish Singh (Expert)
22 January 2009

and one more thing that you are nt supposed to appoint any PIO.

22 January 2009

Dear Manish Singh,

Thank you for your valuable legal advice, now my soul is satisfied, I once again apreciate your interest by giving me the advices.

with best wishes,

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