Right to Information

Vinay Mishra (Querist) 06 March 2010 This query is : Resolved
Dear Sir/Madam

Let me know that can somebody ask for any information to a private company under RTI.

Regards
Vinay Mishra

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Guest (Expert) 06 March 2010
hi....

You can get information pertaining to private entity [private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers, public limited companies etc] under section 2 [ f ] of RTI Act. Please follow this procedure.

1. Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, public limited companies to SEBI and Registrar of Companies. Coop Societies/banks report to District Registrar of Cooperative Societies. Schools are controlled by Dist. Education Officer and colleges by university. Majority of private bodies are controlled by one or the other govt. dept/regulator.
File application by referring to RTI Rules for format and fees applicable to central govt. [for central govt. dept/regulator like RBI, IRDA, TRAI, SEBI, ROC etc

section 2(f)â€information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

Please also refer decision No. CIC/AT/A/2008/01083 dated 25-05-2009 of Central Information Commission, New Delhi in Sobhraj Sahu v/s SEBI, available at www.cic.gov.in
AND judgement dated 25-09-2009 of honâ€™ble HIGH COURT OF DELHI in WRIT PETITION (CIVIL) NO. 7265 OF 2007 available at http://lobis.nic.in/dhc/SKN/judgement/06-10-2009/SKN25092009CW72652007.pdf

Attach list of information required by you as annexure to application.

You need not contact the private entity whose information is being sought. Now you are concerned with the govt. dept/regulator only and its PIO has to provide you the information sought by you.

Govt. departments or regulators can summon information under different laws from private bodies and the same has to be supplied to you.

Information barred by sections 8 & 9 of RTI Act cannot be accessed under section 2 [f] also.

thanks