For information sought under the RTI Act, fee was demanded as per the section 610 of Companies Act, 1956 – merely collecting a different fee for providing information does not lead to an inconsistency – demand of higher fee upheld
12 Aug, 2013For information sought under the RTI Act, fee was demanded as per the section 610 of Companies Act, 1956 – Delhi HC held that merely collecting a different charge for providing information does not lead to an inconsistency in the provisions of these two enactments – the fees prescribed under the Companies Act will prevail over the fees prescribed by the RTI Rules – Section 610 of the Companies Act is a piece of special legislation, which deals specifically with the right of any person to inspect and obtain records i.e. information from the ROC – the later general law cannot be read or understood to have abrogated the earlier special law
ORDER
1. Shri Rajender Singh Bhati, hereinafter called the appellant has filed the present appeal dated 31.10.2011 before the Commission against the respondent Office of the Registrar of Companies, Rajasthan, Jaipur for not providing information in response to his RTI application dated 3.7.2011. The appellant was absent whereas the respondent were represented by Shri R.K. Meena, Registrar of Companies, Rajasthan.
2. The appellant through his RTI application dated 3.7.2011 sought certified copies of Memorandum of Association and Articles of Association, income-tax returns and balance sheet in respect of a company namely M/s. Preeya Home Study Pvt. Ltd registered with Office of Registrar of Companies, Rajasthan, Jaipur. The CPIO vide his letter No. E/74/A/RTI/3268 dated 11.8.2011 informed the appellant that the Income tax returns of the company are not filed with the respondent’s office and regarding the rest it was stated that the information/ documents filed has already been made available in the public domain at Ministry’s website: www.mca.gov.in. The information which is not available on the portal can be collected by making physical inspection of the documents file of the subject company, available in the office. There is an inbuilt mechanism within the provisions of Section 610 of the Companies Act, 1956 read with rules framed there under to make payment of the requisite fee of Rs. 50/- on line for public inspection and to obtain certified copies after production of Rs. 2/- court fee stamp and Rs. 10 value non-judicial stamp paper for each type of document along with deposit of requisite fee on-line to the Office.
3. Aggrieved with the reply of the CPIO, the appellant preferred first appeal before the FAA. The FAA vide order No. E/74A/RTI/1321 dated 31.10.2011 has concurred with the reply of the CPIO.
4. In his second appeal filed before the Commission the appellant states that he has sought aforementioned information under the provisions of the RTI Act and not Companies Act. The respondent have ignored the provisions of the RTI Act.
5. The respondent during the hearing state that M/s. Preeya Home Study Pvt. Ltd. has filed its statutory returns upto 31.3.2011 with the Office of ROC. All desired information can be assessed partly online and partly by making physical inspection of document file maintained by the office and may also apply for the certified copies of the documents as per procedure laid down under provisions of Section 610 of the Companies Act, 1956.
6. The High Court of Delhi vide its order dated 1.6.2012 in W.P. (c) 11271/ 2009 in the matter of Registrar of Companies & Others Vs. Dharmendra Kumar Garg & another held -
“Firstly, I may notice that I do not find anything inconsistent between the scheme provided u/s 610 of the Companies Act and the provisions of the RTI Act. Merely because a different charge is collected for providing information under Section 610 of the Companies Act than that prescribed as the fee for providing information under the RTI Act does not lead to an inconsistency in the provisions of these two enactments. Even otherwise, the provisions of the RTI Act would not override the provision contained in Section 610 of the Companies Act. Section 610 of the Companies Act is an earlier piece of legislation. The said provision was introduced in the Companies Act, 1956 at the time of its enactment in the year 1956 itself. On the other hand, the RTI Act is a much later enactment, enacted in the year 2005. The RTI Act is a general law/enactment which deals with the right of a citizen to access information available with a public authority, subject to the conditions and limitations prescribed in the said Act. On the other hand, Section 610 of the Companies Act is a piece of special legislation, which deals specifically with the right of any person to inspect and obtain records i.e. information from the ROC. Therefore, the later general law cannot be read or understood to have abrogated the earlier special law.”
7. Consistent with the aforementioned decision of the High Court of Delhi and various decisions of the Commission, the Commission is of the view that the fees prescribed under the Companies Act will prevail over the fees prescribed by the RTI Rules. The Commission finds no reason to interfere with the replies of the respondent.
(Sushma Singh)
Information Commissioner
Citation: Shri Rajender Singh Bhati v. Office of the Registrar of Companies in Case No. CIC/SS/A/2012/001834