Are the state-funded ‘public trust institutions’ obligated to provide ‘information’ under the RTI Act?

The matter was referred to a Full Bench of Avinash G Gharote, Anil S Kilor, Urmila Joshi Phalke, JJ., who after hearing the matter has held that if the information is sought under the RTI Act, is regarding the Public Trust, then there is no obligation to supply the information, if such Public Trust, does not fall within clause (i) of Section 2 (h) of the RTI Act and has not received any substantial Government largesse or land on concession, to implement the aims and objects of the said Public Trust. Let us look into the proceedings of the full bench of Bombay High Court in People Welfare Society, through its President Dr. Madhukarrao Wasnik v. The State Information Commissioner, Nagpur Bench, Nagpur in LPA No.466/2011 in WP No.5168/2010 (D) the decision of which was pronounced on 01/03/2024. 

Issue

A question arose whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act, 1950, is bound to provide information if an application is filed to it under the provisions of Right to Information Act, 2005.

It was contended that as the salary and non-salary grants are being supplied by the State to the Trust, that by itself would indicate that there was substantial finance from the State to the Trust, thereby rendering the Trust to be a 'public authority', as defined in Section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; (i) of the RTI Act.

Views of the Court

The Bombay High Court discussed various cases from different courts around the applicability of the Right to Information (RTI) Act, 2005 to public trusts, educational institutions, and cooperative societies.

1.      On account of the regulatory supervision and control by the authorities under the Public Trust Act, the Public Trust itself, cannot be held to fall within the scope and ambit of section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; (i) of the RTI Act as the control, as envisaged therein, cannot be the control or supervision by the authorities in view of the regulatory provisions under the MPT Act, but has to be a control of the management of the Trust and its objects as is spelt out from the deed by which it is created, or a scheme which is settled for such public trust, by the Authorities under the MPT Act, in case of absence of a deed of trust. It cannot be said that the management of the Public Trust, in any case would be under the control of the Government..      

2.     The plea of financial assistance being provided by the State, to the educational institutions, run and managed by a 'public trust', in the form of salary and non-salary grants, has to be considered, in the context as to whether such salary and non-salary grants are being provided by the State only to the educations institutions run by the 'public rust', or such salary and non-salary grants are being received by the educational institutions on account a uniform policy framed by the State for providing assistance to all educational institutions in the state. The receipt of salary and non-salary grants by the educational institutions, throughout the State, whether run and administered by any body/ institution/ trust/ society, are under the various Government resolutions, by which the State has formulated a uniform policy for granting aid and assistance to the educational institutions, which comply with the requirement of the conditions laid down therefor. It is therefore not possible to hold that merely because salary and non- salary grants are being provided by the Government to all educational institutions, as a matter of policy, irrespective of whether it is run and administered by a Trust or a Society, such a Public Trust, would be a 'Public Authority', as defined in section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; of the RTI Act.

3.      The position of a Trust, is not dis-similar to that of a Society.

Verdict

In case the information solicited is in respect of the Educational or other Institutions run by the Public Trust, then depending on the extent of financial support given by the State, information relating to such Educational or other Institutions can be directed to be supplied. (Whether such finance is found to be substantial is a plea to be decided by the Information Commissioner).

The Charity Commissioner would not be legally obliged to supply such information, which may be collected by him in respect of the Public Trust, under the provisions of the Maharashtra Public Trusts Act, in case such information falls under the exempted category mentioned in Section 8(j) of the Act. In case the information solicited does not fall in the exempted category section 8 of the RTI Act, then information as submitted to the Authorities under provisions of the Maharashtra Public Act, under its various provisions by the Public Trust can be supplied by Authority who has custody of such information.

Citation: Bomay High Court (Full Bench) in People Welfare Society, through its President Dr. Madhukarrao Wasnik v. The State Information Commissioner, Nagpur Bench, Nagpur in LPA No.466/2011 in WP No.5168/2010 (D) Judgment dated 01/03/2024