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CHARANJIV   31 May 2017

Whether my organisation satisfies the definition of state under art 12

I am working for an organisation known as Air Force Group Insurance Society which is registered under the Socities Registration Act. This society was formed after Obtaining Sanction from the President of India for providing Life Insurance Cover to the Officers, Airmen and NC(E)s of the Indian Air Force, It is compulsory for the Officers, Airmen and NC(E)s of the Indian Air Force to become and member of this Society it is not a matter of choice for them even at the time of retirement these members are covered for a fixed insurance cover for which a lmpsum amount is charged from them and this Post Retirement Insurance Cover is also mandatory. It is also exempted from Income Tax and recently it has got exemption from Service Tax also. The office of the Society is located in Subroto Park and it is manned by 4 officers of Air Force (1 Air Cmde, 1 Gp Capt, 2 Wg Cdrs) under the governance of its BOT composed of 5 Officers if the rank of Air Mshl. It has an officer of the rank of AVM as its functional head. Kindly help me out by clarifying whether this society is covered under the Article 12 as state or not. Regards.



Learning

 16 Replies

Kumar Doab (FIN)     31 May 2017

GO thru:

 

5. Applying the principles laid down in the afore-mentioned judgments, we are of the view that the basic requirement for making respondent No. 3 amenable to writ jurisdiction of this Court is completely absent in the present case what to talk of any financial or administrative control. There is not even a whisper that respondent No. 3 is discharging any such functions which are likely to effect the public at large. Therefore, we find that respondent No. 3 cannot be amenable to writ jurisdiction of this Court as it is neither an 'authority' or an agency of the State within the meaning of Article 12 of the Constitution.

Punjab-Haryana High Court
Balwan Singh Madad vs Union Of India (Uoi) And Ors.

CHARANJIV   31 May 2017

was it a reply to my query.

regards

G.L.N. Prasad (Retired employee.)     01 June 2017

Please come out with the issue, so that members can suggest alternates also.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 June 2017

Authority” in law belongs to the province of power. The word “State” and “Authority” used in Article 12 remain among “the great generalities of the Constitution” the content of which has been and continues to be applied by Courts from time to time.Your society is only comes under the  authority under article 12. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 June 2017

You have not stated how the thing started. Was there an Act of Parliament or an order by an authority like the Secretary to Government or any other? Does the order say under which section of which act the Society has been created?  Registration under Societies Registration Act doesn't mean anything. Give full information about the genesis of the Society.

Kumar Doab (FIN)     05 June 2017

The replies that are posted in the thread, are to the query. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 June 2017

Your statement that membership of the Society is compulsory to Officers etc. makes one suspect that it comes unser the definition of State. But you have not stated under what authority the membership was made compulsory. The authority must have been derived from an Act of Parliament or the Constitution.

Democratic Indian (n/a)     06 June 2017

Any organization where State has "control", satisfies Article 12  of the Constitution and can be said to be part of State. From the information provided by the author of this thread, the organization appears to satisfy Article 12 because the organization is being "controlled" by senior officers of Air Force.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 June 2017

If  Senior Officers form a Soceity under Societies Registration Act,  that itself will not  make it "State". If membership of the Society is compulsory for airmen, there must be an order under statutory authority, which has not been mentioned. Where is the order forming the Society?

Democratic Indian (n/a)     06 June 2017

Author states the society has been formed with sanction of President of India. Since President has control that is why sanction was required in the first place. When President is giving sanction, it also means he has implicit right to revoke or modify the sanction any time. All this giving, revoking or modifying of sanction means "control" by State.

Sudhir Kumar, Advocate (Advocate)     07 June 2017

Then organisaion is not state.

 

It is only a registered society.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 June 2017

I retired from Government service. Everything in Government is done with the permission of the President of India. Hence that alone will not make it "State".  As membership of the Society is compulsory for Air Force officers and other airmen the Society would have been formed under the order of a statutory authority. Hence it should come under the definition of 'State'. There are private societies (NGO's) as well as statutory societies both registered under the Societies Registration Act. The latter are "State" the former are not 'State'. An example of letter  is CSIR.

Kumar Doab (FIN)     09 June 2017

One citation already made is clear.

If there are other recent citations, those having it may post.

 

This is interesting matter.

 


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