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2019 (9) TMI 1351 - SC - Indian LawsInterpretation of Statute - Right to Information Act - Whether non-governmental organisations substantially financed by the appropriate government fall within the ambit of 'public authority' Under Section 2(h) of the Right to Information Act, 2005? HELD THAT:- It is a well settled statutory Rule of interpretation that when in the definition Clause a meaning is given to certain words then that meaning alone will have to be given to those words. However, when the definition Clause contains the words 'means and includes' then both these words must be given the emphasis required and one word cannot override the other. NGO is not defined under the Act or any other statute as far as we are concerned. In fact, the term NGO appears to have been used for the first time describing an international body which is legally constituted but non-governmental in nature. It is created by natural or legal entities with no participation or representation by the Government. Even NGOs which are funded totally or partially by the Governments essentially maintain the NGO status by excluding Government representations in all their organisations. In some jurisprudence, they are also referred to as civil society organisations - A society which may not be owned or controlled by the Government, may be an NGO but if it is substantially financed directly or indirectly by the government it would fall within the ambit of Sub-clause (ii). While interpreting the provisions of the Act and while deciding what is substantial finance one has to keep in mind the provisions of the Act. This Act was enacted with the purpose of bringing transparency in public dealings and probity in public life. If NGOs or other bodies get substantial finance from the Government, there is no reason why any citizen cannot ask for information to find out whether his/her money which has been given to an NGO or any other body is being used for the requisite purpose or not. These bodies are NGOs, the issue whether these are substantially financed or not needs to be decided by the High Court. The High Court shall give both the parties opportunity to file documents - Appeal disposed off.
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