Please read he last para. The RBI has clearly stated that even such companies are governed by the State laws unless exempted by the State Government specifically.
Before the State Information Commission, Maharashtra – Complaint
under Section 18 of RTI Act, 2005.
Shri Kewal Semlani, 52, Jolly Maker Chambers No.2, Nariman Point, Mumbai 400 021.
PIO & Dist. Dy. Registrar of Coop Societies Mumbai (1), Mumbai City, Malhotra House, Mumbai 400 001.
Mr. Kewal Semlani of Mumbai had given application to the PIO and Deputy Registrar of Coop. Societies, Mumbai City (1), Mumbai on 2.8.2007 seeking the following information:
“ (i) Exemptions under Bombay Money Lenders Act 1946 to Citifinancial Consumer Finance India Ltd. (CCFIL) Mumbai;
(ii) The period to which the information relates: 1.4.2004 till the date of providing information;
(iii) Description of the information required: Certified true copies of:
a) Specific provisions of Bombay Money Lenders Act 1946 under which CCFIL are exempted from Bombay Money Lenders Act, 1946;
b) Details of all other Complaints, except those holding banking licence from RBI, which are exempted from Bombay Money Lenders Act – 1946 because of permission obtained by them from RBI for carrying on business in Maharashtra
c) Any other information, relevant to the above;
d) The information should be provided in print format as well as in e-format (CD) if available.”
He received reply on 9.8.2007 that the information sought in his application does not come under the definition of the information, therefore, his application is filed. Being aggrieved by this, he has complained to this Commission u/s 18 of the Act on 21.8.2007. Taking into consideration the public interest involved in this complaint it was heard on priority on 18.9.2007 when Shri Kewal Semlani,
Complainant and Mr. Patil, Dy. Registrar was present. After hearing both the parties it transpired that District Deputy Registrar seem to be of the view that since the said complaint - Citifinancial Consumer Finance India Ltd. (CCFIL) has got licence from RBI they come under the control of RBI , therefore, there is no question of taking any action under Mumbai Money Lenders’ Control Act, 1946 and this was informed by them by letter dt. 10.7.2007, based upon which the application under RTI Act, 2005 was done. Mr. Semlani produced a copy of letter he received from RBI dt. 13.8.2007, stating that even such companies are not exempt from the State laws unless the State Government has specifically exempted them. The Deputy Registrar promised that in view of the letter from RBI he will re-examine the matter and provide the information asked by the Complainant early. This position was accepted by the Complainant, Mr. Semlani, therefore, the complaint application is disposed off.
Complaint application is thus disposed off.
(Dr. Suresh V. Joshi)
Chief Information Commissioner