O R D E R

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), United India Insurance Company Limited, Chennai. The appellant seeking information on five points including inter alia:-

“(i) whether General Insurance (Conduct, Discipline and Appeal) Rules 1975 and United India Insurance Co. Ltd., ( Conduct, Discipline and Appeal) Rules 2014 has been placed before Lok Sabha and Rajya sabha for amendment to General Insurance Notification Act of 1972 Under Section 16, 17, 17A & 39;

(ii) Whether Nod has been obtained from the President of India;

(iii) Gazettee Notification if any may be furnished;

(iv) Whether Ministry of Finance, Government of India has approached the Parliament in this regard;

(v) Is there any information connected to Board of Directors of the United India Insurance Co. Ltd., from the Ministry of Finance with regard to amendment of General Insurance (Conduct, Discipline and Appeal) Rules 1975 and United India Insurance Co. Ltd., (Conduct, Discipline and Appeal)

rules 2014. If so a copy may be furnished.”

2. The CPIO responded on 26-08-2019. The appellant filed the first appeal dated 04.09.2019 requesting that the information should be provided to him. The first appellate authority ordered on 09.10.2019 and disposed of his first appeal. He then filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to him and requested the Commission to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant attended the hearing through audio-call. The respondent, Smt.

R. Meena, CPIO attended the hearing through audio-call.

4. The respondent submitted their written submissions dated 25.06.2021 and the same has been taken on record.

5. The appellant submitted that he seeks clarifications regarding General Insurance (CDA) Rules 1975 and United India Insurance Company Rules, 2014.

6. The respondent submitted that vide their letter dated 26.08.2019, they have categorically provided the information to the Appellant even though not permitted to give clarifications under the RTI Act, 2005.

Decision:

7. This Commission observes that the appellant herein attempts to elicit answers to his situational queries pertaining to General Insurance (CDA) Rules, 1975 and United India Insurance Company Rules, 2014. However, the CPIO is not supposed to interpret information; or to furnish replies to situational queries; or to furnish clarifications. Hence, the queries seeking answers and explanations from the CPIO are not covered within the definition of ‘information’ u/Section 2(f) of the RTI Act, 2005. In this regard, the Commission refers to the definition of ‘information’ u/s Section 2(f) of the RTI Act, 2005 which is reproduced below:-

“information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”

Furthermore, a reference can also be made to the relevant extract of Section 2 (j)

of the RTI Act, 2005 which reads as under:-

“(j) right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes ........”

In this context, a reference is also made to the Hon’ble Supreme Court decision in CBSE and Anr. v. Aditya Bandopadhyay and Ors, 2011 (8) SCC 497,wherein it was held as under:-

35..... “It is also not required to provide ‘advice’ or ‘opinion’ to an applicant, nor required to obtain and furnish any ‘opinion’ or ‘advice’ to an applicant. The reference to ‘opinion’ or ‘advice’ in the definition of ‘information’ in section 2(f) of the Act, only refers to such material available in