Public authorities are not compelled to create or provide information not already held in records. Disclosure may be restricted under fiduciary relationships.

Information sought:

1. The Appellant/Complainant filed an RTI application dated 18.03.2024 (online) seeking the following information:

1) Kindly provide a copy of the standing rules, regulations, statutes applicable for LIC of India for provident fund of its employees.

2) copy of the guidelines, rules, statutes applicable to LIC of India wrt to unpaid provident fund gratuity, bonus etc of LIC employees.

3) If no such rules guidelines exist, kindly let me know if you are bound by regulations of the Provident Fund.

2. The CPIO furnished a reply to the Appellant/Complainant on 16.04.2024 stating as under:

1) The applicant is informed that Section 8 of LIC Act, 1956 requires constitution of a fund for managing the Provident fund of the members of the Fund. Accordingly, a fund of employees of LIC of India, under the name and style LIC of India Provident Fund No. 1 was set up, which is a recognized Provident Fund approved by the Commissioner of Income Tax, Mumbai under IVth Schedule of Income Tax Act, 1961. The management, investment, administration and control of the Fund shall in all respects be vested in the Trustees of the Fund under Rule 8 of LIC of India Provident Fund No. 1 Rules.

As the information sought is held by the Trust in fiduciary capacity, (fiduciary relationship between Trust and its members), the same is exempted from disclosure under Section 8 (1)(e) of the RTI Act, 2005.

The applicant is also informed that the PF rules are readily available on the intranet website of this Public Authority, Jeevan Sanchar, under Finance and Accounts Department, PF and Pension Section, for the benefit of its employees.

2) The applicant is informed that he may refer Rule 58 for bonus, Rule 76 for Provident Fund and Rule 77 for Gratuity which are available under Chapter VII (Miscellaneous) of LIC of India (Staff) Rules, 1960 available in public domain, i.e., www.licindia.in.

Path for the same is:

www.licindia.in -RTI Center - Powers and duties of its officers and employees - Staff Rules 1960 Link for the same is:

https://licindia.in/documents/d/guest/lic-of-india-staff-rules-1960_updated- 31-01-2022-1

3) The provident Fund of the employees of LIC of India is governed by the rules of LIC of India Provident Fund No.1, which is a recognized Provident Fund approved by the Commissioner of Income Tax, Mumbai under IVth Schedule of Income Tax Act 1961.

3. Being dissatisfied, the Appellant/Complainant filed a First Appeal dated 16.04.2024. The FAA vide its order dated 02.05.2024, held as under:

"This Commission observes that the CPIO is obliged to provide the information to the extent it is available in their records. If the information is not available, there is no bounden duty of the CPIO to create any fresh compilation for non-existent records. This legal principle is supported by the decision dated 07-01- 2016 of the Hon'ble Delhi High Court in LPA 24/2015 & CM No. 965/2015 titled as The Registrar of Supreme Court of India v. Commodore Lokesh K Batra & Ors., wherein, it was held as under:-

"15. On a combined reading of Section 4 (1)(a) and Section 2 (j), it appears to us that the requirement is only to maintain the records in a manner which facilitates the right to information under the Act. As already noticed above, "right to information" under (j) means only the right to information which is held by any public authority. We do not find any other provision under the Act under which