Public Authority definition

[mrdeswal]

Hi! All.

Does a company incorporated under Companies Act fall under the perview of Public Authority as defined in RTI Act. Any judgments?

Regds

[jiwateshwar]

all companies are incorporated under the companies act and they do not fall under purview of rti unless teh government has some share in them or provides aid to it. however, any information made available to the government officers such as taxation, estate officer, registrar of companies, etc shall fall under the purview of rti act. this information shall fall in the category of third party information and is subject to disclosure only if it has not been provided in confidence.

[jiwateshwar]

Check this judgment, might give you some clues on how to make the required information accessible to yourself.

http://cic.gov.in/CIC-Orders/WB-01082008-01.pdf

[wehelp]

according to section 2(h) of right to information

a public authority means any authority or body or institution of self-government established or constituted.

a) by or under the constitution
b) by any other law made by parliament
c) by any other law made by state legislature
d) by notification issued or order made by the appropriate government
and includes any

i) body owned, controlled or substantially financed;
ii) non-government organization substantially financed,
directly or indirectly by funds provided by the appropriate government

[karira]

Please have a look at the following threads:

RTI India - Threads Tagged with substantially financed
http://www.rtiindia.org/forum/search/searchid-33779/
PUBLIC AUTHORITY under RTI
RIT application for Gen BC. jOSHI army public school
RTI for Private Origanization
RTI in UTI Bank
Plea to bring distcos under RTI

Therefore, please do not apply a fixed type of criteria for deciding whether a entity is a Public Authority under the RTI Act or not.

(You might have read somewhere else on this forum that CIC will shortly examine if a MP is a Public Authority under the RTI Act).