the Right to Information Act, 2005
Dushyant Pandya
(Querist) 01 October 2010
This query is : Resolved
We had made an application under Right to Information Act, 2005 [“ACT”] for specific information which is relevant to our business from the concern government authority.
The concerned authority had returned the said application stating that “the ACT gives the right to information only to the citizen of India. The application is sent in the name of a company/firm, which is legal entity, but not citizen of India. “
Section 3 of the ACT is reproduced hereunder:
Section – 3. Subject to the provisions of this Act, all citizens shall have the right to information.
The registered company incorporated under the provisions of the Companies Act, 1956 is not entitled for submitting applications under the ACT?
Please Advice.
Warm Regards
R.Ramachandran
(Expert) 01 October 2010
While a company is a jurisdic person, but it is not a citizen.
Since any information can be sought under the RTI ACt, only by a citizen of India, the action of the PIO in rejecting the application is absolutely correct.
R.Ranganathan
(Expert) 01 October 2010
I feel that a company represented by its authorized person can approach for information under the RTI Act.
Dushyant Pandya
(Querist) 01 October 2010
Agreed.
Same way we had made application signed by authorised signatory on behalf of the company.
aman kumar
(Expert) 07 October 2010
The registered company incorporated under the provisions of the Companies Act, 1956 is not entitled for submitting applications under the ACT . it have legal personality but not citizenship of India according to citizzenship act of India
