English Release 21-November 2014
- President's Secretariat
- Speech by the President of India, Shri Pranab Mukherjee at the First Convocation of National Institute of Technology, Arunachal Pradesh
- President of India attends the First Convocation of NIT, Arunachal Pradesh
- Speech by the president of India, Shri Pranab Mukherjee at the president’s standard presentation to 115 helicopter unit and 26 squadron
- President of India awards Standards to 115 Helicopter Unit and 26 Squadron
- Vice President's Secretariat
- COMPREHENSIVE & ADVOCACY OF CIVIL RIGHTS HAS UNDERGONE QUANTITATIVE & QUALITATIVE CHANGES IN PAST FOUR DECADES – VICE PRESIDENT
- VICE PRESIDENT DELIVERS EIGHTH V.M. TARKUNDE MEMORIAL LECTURE ON ‘CITIZENS AND STATE CONDUCT’
- Prime Minister's Office
- PM Invites President Obama to be Chief Guest at Republic Day
- PM Blogs on his visit to Myanmar, Australia and Fiji
- Election Commission
- FACTS AT A GLANCE: Jammu & Kashmir
- Min of Agriculture
- Coop Model Best For Employment And Social Equality : Radha Mohan Singh
- Rabi Area Coverage Shows Improvement
- Government to Launch Blue Revolution
- NDDB Sanctioned 42 Dairy Projects for 12 States
Worth about Rs. 221 crore
- Min of Defence
- Chief of the Air Staff to Visit Indonesia
- Press Release for Media Interaction by CAS on 21 Nov 2014 President Awards Standards To 115 Helicopter Unit
and 26 Son of IAF
- Press Release for Media Interaction by CAS on 21 Nov 2014
- Min of Environment and Forests
- Text of the Speech delivered by Minister for Environment, Forest and Climate Change, Shri Prakash Javadekar at High Level Segment of 26th Meeting of the Montreal Protocol,
20 Nov 201
- Ministry of Finance
- Japan’s Official Development Loan Assistance to India for an Amount of YEN 15.620 Billion for the Guwahati Sewerage Project
- Min of Health and Family Welfare
India to host 11th International Inter-Ministerial Conference on Population and Development
- Min of Home Affairs
- Panthawada Village selected under SAGY
- Min of Human Resource Development
- Consultative Committee Meeting of the Ministry of HRD Held
- Min of Information & Broadcasting
- World Film Posters Exhibition of Krzysztof Kieslowski Opens at 45th IFFI
- Director of ‘the Gods of Water’ Pablo Cesar Meets Press at 45th IFFI
- Indian Panorama Jury Meets Media at 45th IFFI
- Country Focus- China Opens with Screening of ‘Finding Mr. Right’
- Film Posters Exhibition Opens at 45th IFFI
- Indian Panorama Opens with Screening of ‘The Last Adieu’ and ‘Elizabeth Ekadashi
- Min of Mines
- Mineral Production during September 2014
- Mines Ministry Seeks Suggestions to Amend Mines & Minerals (Development and Regulation) Act, 1957
- Min of Minority Affairs
- Regional Office of National Minorities Development & Finance Cooperation to be Inaugurated in Chennai by Dr. Najma Heptulla
- Min of Petroleum & Natural Gas
- Production Performance of Oil & Natural Gas Sector for the month of October, 2014
- Global crude oil price of Indian Basket was US$ 75.81 per bbl on 20.11.201
- Ministry of Railways
- Suersh Prabhu Calls Upon to Undertake a Comprehensive and Structured Energy Audit in Indian Railways
- Min of Urban Development
- Shri M.Venkaiah Naidu asks states to tone up urban governance
Ministry of Personnel, Public Grievances & Pensions02-August, 2013 14:41 IST
|Amendment to the Right to Information Act, 2005 |
The Union Cabinet has approved introduction of a Bill in the coming session of the Parliament to amend the Right to Information Act, 2005, to exclude the political parties from the definition of Public authority for the purpose of the Act.
The Central Information Commission (CIC) in its decision dated 03.06.2013, has held that the political parties, namely, AICC/INC, BJP, CPI(M), CPI, NCP, and BSP are public authorities under Section 2(h) of the RTI Act. While deciding that the said political parties are public authorities, the CIC has relied mainly on the grounds that there is substantial (indirect) financing of political parties by the Central Government and they perform public duty.
The political parties are registered with the Election Commission under the provisions of section 29A of the Representation of the People Act, 1951. Under this section any small group of persons, if they so desire, can be registered as a political party by making a simple declaration under sub-section (5) of section 29A.
With reference to the political parties, detailed provisions exist in the Representation of the People Act, 1951 which provides for dissemination of information relating to political parties, candidates and donations. The said Act, inter alia, provides for –
• Registration with the Election Commission of associations and bodies as political parties (section 29A)
• Political parties entitled to accept contribution (section 29B)
• Declaration of donation received by the political parties (section 29C)
• Declaration of assets and liabilities (section 75A)
• Account of election expenses and maximum thereof (section 77)
• Lodging of account with the district election officer (section 78)
• Penalty for filing false affidavit etc. (section 125A)
The above provisions of the Representation of the People Act, 1951 indicate that there are sufficient provisions in the Act to deal with each and every aspect of financing, its declaration and punishment for filing false affidavit and all such information is made available to the public through the website of the Election Commission.
Under section 13A of the Income-tax Act, 1961, the political parties claiming exemption from tax are required to file their return of income before the due date before the tax authorities along with audited accounts; and form 24A prescribed under section 29C of the Representation of the People Act, 1951 read with Rule 85B of the Conduct of Election Rules, 1961 declaring the list of persons making donations to the political parties exceeding 20,000/- rupees.
As per section 138 of the Income-tax Act, any information with the Income-tax Department would be ordinarily held confidential, but can be made public, if in the judgment of the Commissioner of Income-tax, it serves public purpose.
Under section 10A of the Representation of the People Act, 1951, for failure to lodge the account of election expenses as per the requirement of law, the defaulting candidate may be disqualified by the Election Commission for three years from the date of the order of disqualification.
Section 29C of the Representation of the People Act, 1951, provides that each political party shall submit report to the Election Commission (before filing its income-tax return) regarding all contributions in excess of 20000/- rupees received by it in a financial year and failure to submit this report will deprive them of the tax benefit. Further, the candidates are required to file affidavit along with their nomination papers giving the annual income of the candidate and filing of false affidavit attract punishment for furnishing wrong information.
The RTI Act was enacted to provide for an effective framework for effectuating the right of information recognised under Article 19 of the Constitution. The RTI Act was enacted to ensure greater and more effective access to information by making the Freedom of Information Act, 2002 more progressive, participatory and meaningful.
The definition of public authority given in clause (h) of section 2 of the RTI Act is well defined to include only such authority or body constituted by or under the Constitution or by any law made by Parliament which is substantially financed directly or indirectly by funds provided by the appropriate Government. The political parties do not fall within the parameters of the definition of public authority given in the RTI Act, as they are only registered and recognised under the RP Act, 1951.
(Release ID :97577)