Tuesday, October 5, 2010

[RTI INDIA] Re: " section 2(h)" substantial , IC want it to be specified

Subsidised lands does not constitute indirect financing
by FUNDS from the appropriate Govt.

If the Govt gives a subsidy to say the SIDBI which is
then passed on to a SSI, this would constitute
indirect funding :-).

All those judgements do not apply in Delhi which
has interpreted the law in the ways I have cited
(Poorna Prajna School etc)

The problem is that a few "haramis" (it is yet to
be established if Mohit is one of them <smile>)
are asking for information which is usually not
ordinarily accessible to the DoE. So to get around
this they start demanding / claiming that private schools
are PAs, the HC gives a stay and all info flow comes to
a standstill. A few rotten apples spoil it for everyone
else. Stick to 2F, its much safer !

Sarbajit

On Oct 6, 11:11 am, "C J Karira" <cjkar...@gmail.com> wrote:
> Just keeping the relevant parts of the earlier email and deleting
>
> the rest.
>
> Subsidies, Tax Conscessions, Tax exemptions, etc. do
>
> constitute "indirect" financing and are covered under
>
> 2(h)(d)(ii):
>
> d) by notification issued or order made by the appropriate
>
> Government, and includes any-
>
> 1 body owned, controlled or substantially financed;
>
> 2 non-Government organization substantially financed,
>
> directly or indirectly by funds provided by the appropriate
>
> Government;
>
> This has already been interpreted by various HC's , including
>
> the Kerala HC, Madras HC (Madurai Bench) and Punjab & Haryana HC
>
> The other contention, regarding 2(f) should only be used
>
> by the applicant after carefully reading various powers of the DEO
>
> under other Acts or Laws currently in force.
>
> C J Karira
>
> -----Original Message-----
> From: rti_india@googlegroups.com [mailto:rti_india@googlegroups.com] On
>
> Behalf Of sroy1947
> Sent: Wednesday, October 06, 2010 11:01 AM
> To: RTI India : Right to Information, CIC
> Subject: [RTI INDIA] Re: " section 2(h)" substantial , IC want it to be
> specified
>
> > 2) If NO, then you must show that school is a "non-governmental
>
> > organisation"
>
> > substantially financed, owned or controlled by appropriate Govt. The
>
> > evidences
>
> > you are putting up "land at Rs 10", "2 govt nominees" etc do not fall
>
> > under these
>
> > provisos to 2.h.d. The first is a SUBSIDY (as distinguished from
>
> > "finance").
>
> > The second one is meaningless. because as per the DSEAR there is a
>
> > separation
>
> > between the Society and the school's management.
>
> > Sarbajit.

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