Many Indian citizens use the Right to Information (RTI) Act to access crucial information from government departments. However, sometimes the fees charged for information can be a point of confusion. This case highlights a situation where the fees prescribed under a specific law, the Companies Act, were questioned against the fees set RTI Rules. Understanding this distinction is vital for every RTI applicant to avoid unnecessary hurdles and ensure they are not overcharged for information they are legally entitled to.
Background: What Information Was Sought
An applicant filed an RTI request with the Office of the Registrar of Companies. They wanted certified copies of important company documents: the Memorandum of Association, Articles of Association, details of share capital, and the registered office address for a company registered in Rajasthan. The applicant specifically stated that they were seeking this information under the provisions of the RTI Act, not the Companies Act.
How the Public Authority Responded
The Public Information Officer (PIO) of the Registrar of Companies’ office responded that the requested information was already available in the public domain on the Ministry’s website. The PIO also pointed out that the Companies Act, specifically Section 610, along with its associated rules, provides a mechanism for public inspection and obtaining certified copies upon payment of the prescribed fee online. This response suggested that the Companies Act procedure and its fees should be followed.
The CIC Hearing: What Happened
Unsatisfied with the PIO’s response, which seemed to prioritize the Companies Act over the RTI Act, the applicant filed a second appeal before the Central Information Commission (CIC). The core of the applicant’s argument was that their request was made under the RTI Act, and therefore, the PIO should have followed the procedures and fee structure laid out in the RTI Act. They felt the PIO had ignored the fundamental principles of the RTI Act them to the Companies Act’s fee structure.
The CIC Order and Its Significance
The Central Information Commission, in its decision, carefully considered the arguments presented. The Commission referred to a significant judgment High Court of Delhi in the case of Registrar of Companies & Others Vs. Dharmendra Kumar Garg & another. This judgment clarified a crucial point: even if a different charge is collected for providing information under Section 610 of the Companies Act compared to the fee prescribed under the RTI Act, it does not create an inconsistency between the two laws. The CIC emphasized that the RTI Act is a general law that grants citizens the right to access information from public authorities, subject to its own conditions and limitations. In contrast, Section 610 of the Companies Act is a special legislation, specifically designed for inspecting and obtaining records from the Registrar of Companies. The Commission concluded that a later general law cannot override or abrogate an earlier special law. Therefore, the CIC rejected the appeal, ruling that the fees prescribed under the Companies Act would indeed prevail over the fees prescribed RTI Rules for obtaining such specific company records.
Key Lessons for RTI Applicants
- Lesson 1: Special Laws Trump General Laws: When a specific law (like the Companies Act) deals with a particular type of information or procedure, its provisions and associated fees will generally take precedence over a general law (like the RTI Act) when accessing that specific information.
- Lesson 2: Understand the Nature of Information Sought: It’s important to recognize whether the information you are seeking is typically governed specific act or rule. If it is, be prepared for the possibility that the fee structure of that specific act might apply.
- Lesson 3: RTI is Not Always the Cheapest Route for Specific Records: While RTI is a powerful tool, for certain types of records that are explicitly covered statutes with their own fee structures, those specific fee structures might be applicable and potentially different from RTI fees.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Ensure you are filing your RTI application with the correct department or office that holds the information. In this case, it was the Registrar of Companies.
- Clearly State Your Request: Be precise about the information you need. Mention the specific documents, company names, and any other identifying details.
- Mention the RTI Act: While the authority might have specific rules, it’s still good practice to state that you are seeking information under the Right to Information Act, 2005.
- Be Prepared for Different Fee Structures: If you are seeking information that is also covered specific act, research the fee structure of that act beforehand. You may be asked to pay the fee as per the specific act.
Sample RTI question you can use:
Under the provisions of the Right to Information Act, 2005, please provide certified copies of the Memorandum of Association, Articles of Association, details of share capital, and the registered office address for [Name of Company] with CIN [Company Identification Number], if available. Please inform me of the applicable fees for obtaining these certified copies.
Conclusion
This case serves as a valuable reminder that while the RTI Act is a comprehensive tool for transparency, it operates within a legal framework that includes specific statutes. For certain types of information, like company records, the fees prescribed specific statutes will apply. Understanding this nuance will help you navigate the RTI process more effectively and avoid potential disputes over fees. Always be informed about the specific laws that govern the information you seek.
