HUDA gymkhana clubs fall under the ambit of RTI Act - SIC
An application was filed with the Haryana Urban Development Authority (HUDA) under the Right to Information (RTI) seeking to get the information regarding the income and expenditures of gymkhana clubs located in various districts of Haryana. In its reply, the HUDA declined to provide the information stating that the clubs didn’t fall under the purview of the transparency act.
Following HUDA’s response, the applicant filed an appeal with the state information commission stating that the clubs are not HUDA-owned clubs situated on HUDA land. The appellant contended that the clubs’ buildings were constructed and funded by HUDA and that the management of gymkhana clubs was also carried out by the HUDA officials. He also informed the commission that most members of the managing committee of gymkhana clubs were government officials.
The full bench of the SIC agreed with the appellant’s contention and held that the gymkhana clubs were public authorities under 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. It also directed HUDA to appoint PIOs and the first appellate authority (FAA) for the clubs.