केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/ROCGJ/A/2024/604257 Shri Shreekumar Kabra … अपीलकता/ग Appellant VERSUS/बनाम PIO, …प्रनतवािीगण /Respondent Registrar of Companies, Gujarat Date of Hearing : 25.02.2025 Date of Decision : 25.02.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 05.08.2023 PIO replied on : 17.08.2023 First Appeal filed on : 18.08.2023 First Appellate Order on : 14.09.2023 2^ndAppeal/complaint received on : 31.01.2024 Information sought and background of the case:

The Appellant filed an RTI application dated 05.08.2023 seeking information on following points:-

“We are making this application for obtaining copy of incorporation documents, including Form SPICE, filed by Tejaswi Petrofer Ltd (CIN: U47300GJ2023PTC141431). The said documents are required for placing reliance upon them in proceedings to be filed u/s. 16 of the Companies Act, 2013 against the said company.

It is submitted that the aforesaid incorporation documents are not available on portal of Ministry of Corporate Affairs (MCA) (www.mca.gov.in) as public document(s) for download. The screenshots taken from the said MCA portal are attached evidencing the said fact.

We therefore the request your goodself to provide us with the copy of incorporation documents, including Form SPICE, filed by Tejaswi Petrofer Ltd (CIN: U47300GJ2023PTC141431).”

The CPIO, Assistant Registrar of Companies, Gujarat vide letter dated

17.08.2023 replied as under:-

“With reference to the subject cited above, I have to state that the information sought in your application may be availed by the documents that are filed by companies which are in the public domain and are already available on MCA website at www.mca.gov.in under the column homepage>MCA Services>View public documents and can avail copy under the column homepage>MCA Services>Get Certified Copies. Hence the information can be obtained by visiting Ministry's website www.mca.gov.in. As per section 399 of the Companies Act, 2013 the same is available in public domain. Please note that the Ministry of Corporate Affairs has already examined the subject matter relating to furnishing of information under the RTI Act and opined that in view of provision of Section 399 of Companies Act, 2013, the documents filed by companies pursuant to various provisions of the Companies Act, 1956/2013 with the ROCs are to be treated as 'information in the public domain' and such information is accessible by public pursuant to the provisions of Section 399 of the Companies Act, 2013.

The Ministry has also held that there is a built-in mechanism under the provisions of the Companies Act, 2013 for accessing information relating to documents filed by companies which are in the public domain on payment of fees prescribed under the provisions of the Companies Act, 2013and rules made thereunder.

In view of the above the information already available in the public domain would not be treated as "information held by or under control of public authority" pursuant to Section 2(i) of the Right to Information Act, 2005 (RTI 2005). Therefore, the provisions of RTI, 2005 would not be applicable for providing information to the public.

In this connection, I may also bring to your notice that the similar matter in question has already been considered by the Central Information Commission in an Appeal and the Commission was pleased to order vide Appeal No.21/IC (A)/2006 dated 29.3.2006 that as there was already a provision for seeking information under the Companies Act, the Appellant may accordingly obtain the information as provided therein.

You may also refer to the recent order dated 25.06.2013 passed by the Hon'ble CIC in Appeal bearing case No. CIC/SS/A/12/002113 dated 25.06.2013 stating that "the information sought can be accessed U/s.610 of the Compan