Under RTI (A Ltd. Company)
Chandan Garg
(Querist) 22 November 2008
This query is : Resolved
Under RTI one villager has moved an application to mineral officer about some details of our company i.e. like "How much minerals we have excavated and sold (the mines are on lease with us)"
also he has some more inquiries I am not disclosing here
and in turn that officer has sent the same to our company with his covering letter saying "We dont have this details with us kindly provide the same to our deptt so that the same can be made availiable to this person"
Please tell are we bound to give this information to this deptt??.
Rajesh Kumar
(Expert) 22 November 2008
Yes. You should provide the information to the authorities so that they can reply to the applicant. Further most of the transaction of a limited company is in public domain, more so when the transcation is with the government.
As per the agreement with the government, you are required to provide these information to the government, so you should provide. However, if there is any trade sectret/confidential information is involved, you can seek exemption. At the same time you can also request the authorities not to disclose the information under third party confidentiality clause in Right to Information Act.
Chandan Garg
(Querist) 22 November 2008
thanks very much sir
smilingadvocate
(Expert) 22 November 2008
Yes you are bound to provide and as our friend said it is correct
J K Agrawal
(Expert) 23 November 2008
Learned Friends
As per section 2 (j) of RTI Act Right to Information is only with regard to a public document and a private person or an incorporated company can not be compelled to provide any type of information which can not be asked for in any other law. RTI Act it self does not provide any right to the Government or Information Officer to compel a person to provide information.
However the Information Officer can provide the information already with him or he can call for in any other law. Again there is a check under section 8 (1) (j). If the information violates the provisions, he can not furnish such information. section 8 (1) (j) is as under
"information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:"
Chandan Garg
(Querist) 23 November 2008
friends now come the confusion should i provide the information under that letter or not.
Manish Singh
(Expert) 24 November 2008
with due regards to my respected seniors, in my view only govt companies or those companies which get substantial grant from the govt come under the Scanner of RTI Act.
