O R D E R

1. Since the matter involves adjudication of identical legal issues, these cases are being clubbed together and disposed of by a common single order.

CIC/SEBIE/A/2019/138162

2. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Securities and Exchange Board of India, Mumbai seeking following information:-

1. “Circular, rules, regulations, notification or Provisions, of Exchange and SEBI, regarding Trading member (hereinafter referred as TM) for taking stock in pledge, collateral, or security for providing Margin to do trade in reference to derivatives segment.

2. Circular, rules, regulations, notification or Provisions, of Exchange and SEBI, regarding providing of Margin to do trade and shortfall in reference to derivatives segment.

3. Circular, rules, regulations, notification or Provisions, of Exchange and SEBI, regarding charging of interest and GST, on Margin and shortfall, by TM in derivatives segment and in Cash Segment.

Etc.”

3. The CPIO responded on 11-04-2019. The appellant filed the first appeal dated 16-05-2019 which was disposed of by the first appellate authority on 17-06- 2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

CIC/SEBIE/A/2019/138160

4. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Securities and Exchange Board of India, Mumbai seeking following information:-

“1. All Circulars, of SEBI and Exchange regarding taking of Margin and permission to do trade, to be followed by trading member.

2. All Circulars and Penalty on violation of circulars pertaining to Margin and account opening process, and precaution to be taken by trading member for protection of constituents individual and HUF.

3. Circular regarding shortfall, charging of interest and GST on interest in derivatives segment and in Cash Segment.

4. Process of complaint to SEBI, Exchange, NSE, BSE, CDSL, NSDL etc. for redressal of constituents grievance against Trading member and company.”

5. The CPIO responded on 07-06-2019. The appellant filed the first appeal dated 15-06-2019 which was disposed of by the first appellate authority on 19-07- 2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

6. The appellant, Mr. Mahendra Kumar Mehta attended the hearing through audio conferencing. Smt. Pramila Sridhar, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

7. The appellant stated that the respondent should be directed to communicate him the legal position of SEBI thereby indicating ‘the circular, rules, regulations, notification etc. regarding trading member for taking stock in pledge, collateral, or security for providing margin to do trade in reference to derivatives segment, charging of interest and GST, precaution to be taken by trading member for protection of constituents individual/HUF etc.’

8. The respondent contended that the queries raised by the appellant are in the nature of seeking legal opinion/clarification from the CPIO which are not covered within the definition of ‘information’ as per Section 2(f) of the RTI Act, 2005. She further submitted that the circular, rules, regulations, notification etc. of SEBI can be accessed online on the given web-link.

Decision:

9. This Commission observes that the appellant herein attempts to seek legal opinion/clarification from the CPIO to his situational queries with regard to ‘the circular, rules, regulations, notification etc. regarding tradi