For Information on Companies don’t use RTI

For information on Companies don’t use RTI instead use Section 610 of the Companies (Central Government’s) General Rules & Forms, 1956. The said rules being statutory in nature and specific in their application, do not get overridden by the rules framed under the RTI Act with regard to prescription of fee for supply of information, which is general in nature, and apply to all kinds of applications made under the RTI Act to seek information.

It would also be complete waste of public funds to require the creation and maintenance of two parallel machineries by the ROC one under Section 610 of the Companies Act, and the other under the RTI Act to provide the same information to an applicant. It would lead to unnecessary and avoidable duplication of work and consequent expenditure.

For Information on Companies don't use RTIThe above was already ruled by Hon’ble High Court in the matter of ROC Vs Dharmendra Kumar Garg (W.P.(C) 11271/2009) dated 1.6.2012.  The appellant filed an RTI application dated 3.12.2011 seeking information on (12) points relating to Ambuja Cement Ltd. Like no. of employees working in accounts department during the period Jan 1990 to Dec 1990, full particulars of employee of accounts department who have been voluntarily retired/resigned/terminated, details of direct or indirect assistance received from Central/State Govt., documents with respect to registration of Company etc. . The CPIO vide letter dated 12.12.2011 provided a point wise reply to the appellant. Not satisfied with the reply the appellant filed first appeal dated 16.12.2011 which was rejected by the order dated 30.12.2011.

For information on Companies don’t use RTI

The respondent submits that as per the provisions of section 610 of the Companies Act, 1956, the records of the companies maintained by this office is available for physical inspection to any member of public on all the working days of this office in between 10:30 AM to 3:30 PM and also the online inspection of records of the companies is also available on the website of the Ministry of Corporate Affairs www.mca.gov.in.

Citing the above High Court order, CIC ruled that “In view of the submissions of the respondent the available information can be inspected as per section 610 of the Companies Act, the Commission finds no reason to interfere with the order of the CPIO and the appeal is accordingly disposed off.”

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Posted in High Court Decisions, Section 8
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One comment on “For Information on Companies don’t use RTI
  1. R K Mishra says:

    Going through the order, ..”.4. In view .. that some of the information
    sought is not available with their office….” why the Hon’ble IC did not order the PIO to transfer u/s 6(3) for the rest unavailable information? Most of the times(i have >100 cases), the IC is erroneous in her decision- and i doubt, Hon’ble HC decision might have misinterpreted(not yet gone thru that case) to favor the respondent.

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