Recently, the Madras High Court made a significant decision stating that Public Information Officers who cleverly refuse to provide information are not suitable for their positions and should be removed. This is expected to strengthen the effectiveness of the Right to Information Act in India. Further, the applicability of RTI in India for private entities has been in debate for long. In this blog, we shall see the role of RTI for private companies in India.
Section 2 (f) Definition of Information and Landmark Cases
According to Section 2 (f) of the RTI Act, “information” includes a wide range of materials such as records, documents, and it also even includes electronic data. It also includes information about any private body accessible by a public authority under existing laws. This provision strengthens the ability to acquire information from private entities accessible by public authorities through other relevant laws.
Landmark Decision on RTI for private companies: Sarbajit Roy vs. DERC
In the Sarbajit Roy vs. DERC case, the Central Information Commission delivered a notable ruling. It reiterated that privatised public utility entities, even if privately owned, come under the RTI Act’s jurisdiction. These bodies are mandated to provide information upon citizens’ requests. This verdict suggests that private entities involved in ‘public’ functions are accountable under the RTI Act, granting public access to their information.
Consequently, the RTI Act empowers the public to obtain information from private companies and entities engaged in ‘public’ functions. The Act’s provisions and legal decisions have broadened its reach to include RTI for private companies.
Filing RTI Against a Private Company: Guidelines and Applicability
For submitting a request for information from a private company under the Right to Information Act or RTI for private companies, it is important to know the specific situations and procedures. Mentioned below are the conditions under which you can file an RTI for private companies:
1. Inspection of Work, Documents, and Records
You have the right to file an RTI for private companies to inspect the work, documents, and records of a private company.
2. Obtaining Notes, Extracts, or Certified Copies of Documents or Records
You can request notes, extracts, or certified copies of documents or records maintained by a private company.
3. Taking Certified Samples of Material
If you require certified samples of materials held by a private company, you can use the RTI mechanism to obtain them.
4. Seeking Other Information Related to the Company
You can file an RTI request to obtain any other information related to a private company.
Applicability of RTI for Private Companies
Private company registrations are not explicitly covered under section 2(a) of the RTI Act, which defines the “appropriate government” as a public entity constituted, owned, established, substantially financed (directly or indirectly), or controlled by:
- Central government
- State government
- Union territory administration
However, with several rulings of the Higher courts, such entities have also been subjected to RTI now in certain circumstances as discussed. So, private organisations mare indeed subject to the RTI Act. This provides a valuable tool for citizens seeking information from private companies, even when public information officers and appellate authorities attempt to obstruct such requests by claiming inadequate funding.
How to Obtain Information from Private Entities under RTI
Private entities, including private schools, colleges, cooperative societies/banks, private sector banks, insurance companies, public/private trusts, private service providers, and public limited companies, come under the purview of the RTI Act when they engage in ‘public’ functions. Mentioned below is how to acquire information from these private entities through RTI:
1. Identify the Relevant Government Department: Start by determining the government department under which the specific private entity is registered. This information is typically accessible through research.
2. Contact the Public Information Officer: Visit the website of the relevant government department to find the designated Public Information Officer responsible for handling RTI requests linked to the private entity.
3. Submit an RTI Application: Thereafter, firstly prepare and then submit an RTI application to the designated PIO. Ensure that the application adheres to the format and fee structure specified by the government. Include all necessary fee details, mode of payment, postal order numbers, or any other essential information as required.
4. Accessing Information: The concerned PIO will provide the requested information. Here, it should be taken in note that government departments have the authority to compel private entities to provide information under various state laws.
5. Limitations: Also, one must know that information exempt from disclosure under Sections 8 and 9 of the RTI Act cannot be acquired through this process.
Therefore, the RTI for the private companies stands as a significant government measure aimed at enhancing transparency. It allows individuals to request information from private entities as long as these entities engage in ‘public’ functions within the RTI Act’s domain. This procedure ensures access to essential information held by private entities involved in activities that impact the public.
Final Thoughts
The RTI Act expands its scope to cover RTI for private companies involved in activities considered ‘public.’ This ensures openness and responsibility in how they work. The Act allows people to get information from these private groups, protecting their right to access information unless it’s classified under Sections 8 and 9 of the RTI Act. This legal structure highlights the public’s right to get information from private companies involved in activities that benefit the public. Ultimately, it helps to increase transparency and responsibility within these private businesses. The RTI Act is crucial in maintaining accountability and promoting a culture of transparency in private sectors engaged in public activities by ensuring access to information.
