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TheJoker

Company records in Corporate Affairs Min's comes under RTI?

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TheJoker

Actually I do know know that Corporate Affairs Ministry (CAM) has its own procedure to allow access to company records. But they are quite expensive - 50 Rs to view one company's records online, and 50 Rs per record if asking for certified copies. I want to know under what logic and/or laws are these company records kept out of RTI?

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sharmajee

Many department's own rules provide for getting certified copies of information, nothing to do with RTI. One can exercise any of options to avail that dept's information. However there are few rulings in some cases, wherein court's have said those information which can be claimed (dept has laid down procedures for issuing certified copies) should be requested under those rules first.

 

For example Sales tax dept has a procedure for Rs 50 fee for Form XYZ of annual return, this you may claim as per dept's procedure. However they donot have prescribed rules to issue notesheets of this XYZ document, inspection of this file, attachments submitted to arrive at XYZ certificate, that one can claim under RTI.

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TheJoker

I am an absolute newbie, but...

 

@Sharmajee:

Leaving aside certified copies, I dont see the point in blocking RTI to an information that is already there on CAM's website and all they need to do is to just take away this 50 Rs payment before downloading. All govt departments already provided one way or the other (some ways were codified, others not) to access almost every info even before RTI came up, right?

 

@karira:

Hmm. So almost the entire judgement was based on the premise of who "holds" info. Thats quite arbitrary - since a company may be closely held and may not have freely put out its info in public domain other than its mandatory filing with RoC. Why cant govt depts also use this to deny divulging the name of some public-listed company (who was awarded some public works contract) saying that info is already out there in some annual report somewhere?

 

I understand if it is a copyrighted work (like a book published by some department etc) or a trade secret (patent application etc). But arent companies mandated to file reports to RoC, and which can be released to public (right now for 50Rs)? So, I am surprised why the HC order has not been reviewed. But then, I am a total newbie too.

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karira

You are right about the HC order - it should have been reviewed.

My opinion is that if the citizen has various means of accessing information, it is upto him to chose the best method for accessing that information.

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TheJoker

Exactly! Thats what Shailesh Gandhi also said in your link.

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TheJoker

Oh damn... :(

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