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Thread: Can a Public Limited Company seek informations under the provisons of RTI Act ?

  1. Re: Can a Public Limited Company seek informations under the provisons of RTI Act ?

    Quote Originally Posted by ganpat1956 View Post
    Thank you karira for providing this important citation. This decision will open the doors to allow the corporate sector to reap the benefits under RTI. When that happens, simultaneously we should think of bringing the corporate sector also under the purview of RTI.
    Well its true that the CIC has allowed several companies and NGOs to apply for information, under guise that their office bearers are citizens of India. We will have to wait and see if some learned CPIO / AA is able to put up a good defence against a similar decision in the future. I bet that the date is not very far away.

    PIOs/AAs are fast learning the art of "How to Deny Information" ;-)

  2. #10
    C J Karira
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    Re: Can a Public Limited Company seek informations under the provisons of RTI Act ?

    Just found this old decision from the CIC:

    It is an established fact that
    all superior Courts have been
    admitting applications in exercise of their extraordinary
    jurisdiction from Companies, Societies and Associations under
    Article 19 and very few petitions have been rejected on the ground
    that the applicants/ petitioners are corporate bodies or Companies
    or Associations and, as such, not "Citizens"
    . The Commission
    also has been receiving a number of such applications from such entities. If
    the Courts could give relief to such entities, I think, the Commission also
    should not throw them out on mere technical ground that the applicant
    /appellant happens to be a legal person and not a citizen. However, the
    Commission takes into account the following:
    1. A company or a corporate body is a legal entity distinct from its
    share holders and that it is not a citizen. An application or appeal
    filed by a company before this Commission is generally not
    except when :

    i) A Share holder or a Manager or a Director is also party or an
    an additional party. In the latter case such applications, if
    filed by or on behalf of the company, may be returned back
    with a direction that it can be resubmitted before the
    Commission by a Shareholder /Manager /Director.
    iii) If the CPIO /Appellate Authority has not taken the plea of
    citizenship either while denying the information or while
    denying it partially, the Commission will not on its own reject
    the application / appeal merely on the ground that the
    applicant or the appellant is not a citizen. In the present
    case the PIO had taken no such stand.
    What applies in case of a company should also
    mutatis mutandis apply
    to the societies,
    including Cooperative Societies registered under the Societies
    Registration Act or under any other law providing for constitution and
    registration of such societies. A society is not a citizen as it also has its distinct
    legal entity different from its members. In such cases, the CIC has a more liberal
    attitude as
    generally an office bearer who submits an application on behalf
    of such a society is submitting the application/ appeal on behalf of its
    members and normally it is for common benefit of the members who are
    The application/ appeal from an Association or a Partnership Firm or a
    Hindu Undivided Family or from some other group of individuals
    constituting as a body or otherwise is to be accepted and allowed.

    This should clarify many many questions floating around in the forum !

    Full decision and the arguments used to come to this conclusion, can be viewed at:

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