Can I seek information from Simplex Projects Ltd.under RTI A


Cain I seek Information from Simplex Projects Ltd. under RTI Act? Is Simplex Projects Ltd. a Private ltd. Company or a Public ltd. Company?

 
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UNEMPLOYED

simplex is a private organization, hence rti has no effect on it.

so far i know -- it is a private ltd co.

though you can ask but it will be there options to ans you or not.

find where simplex linked with the govt - direct or indirect. suppose simplex has a contract with govt of india,

then you  may ask govt of india, in relation to that contract.

hope you got the point.

 
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If he can frame the question in a manner that the question relates to larger "Public Interest" OR the information sought is concerned with the applicant, he can get information. Point to be noted is that RTI Act has been enacted for people to be able to exercise the fundamental Right to Information covered under Freedom of Speech and Expression of Article 19.

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UNEMPLOYED

rti applicable on all governmental activities. as on date not on private.


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Since RTI has been enacted to enable fundamental right under Article 19(1)(a), RTI has the force of law wherever Article 19(1)(a) is applicable. Article 19(1)(a) is applicable for "public Interest" and for the person affected by such information. Simplex Projects Ltd or any Pvt. Company cannot hide behind the cover of "Private ownership" in these two cases.

In case of government offices/concerns, since everything is being done by Government for "Public Interest" everything except the exceptions covered in RTI Act are available for public. For example individual Income Tax returns are covered under exceptions and are not available for public, but these exceptions will not apply to me if I seek information about my own income tax returns.

I would appreciate if other Advocates also share their opinions.

    


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COMPANY SECRETARY

Under RTI Act, information can be asked only from "public authority".  Under Section 2(h) "Public Authority" means a body established or financed by government.  Therefore, apparently, Simplex is not covered by RTI Act.

However, there is an indirect route available to you to seek information.  Simplex must be submitting a number of returns to different  "public authorities" i.e. to Registrar of Companies, Sales Tax  Authorities, Excise Authorities, etc.  You can seek Simplex-related information from all of these "public authorities". These public authorities are bound to disclose all non-exempt information relating to Simplex.  

I hope the above helps. 

 


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Thank You Vermaji for clarifying this very important point.

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