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exempted pf trust information

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I have applied for information of my organizations exempted pf trust regarding details of investment in a certain company . CPIO denied under section 8(e).what to do?

posted Dec 9, 2019 by Dillip Mohapatra

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Section 8(1)(e) in The Right To Information Act, 2005
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
Rejection has been made u.s 8(e) when there is a fiduciary relationship. This Section guard personal information of person including public authority when it under the fiduciary relationship.

answer Jul 22, 2020 by Monika
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Dear Sir,
There is a matrimony dispute going on b/w and and my wife from last 7 years. Today i came to know that She obtained my PF Subledger Statement from PF Office through RTI. Since PF Records, subledger statements are very confidential statement then how it can be shared to a third party? Court didn't order anything to PF department. Please guide me how i can file which compliant against that CPIO. I have 10% faith that she obtained this information through any link in PF department and PF department guy in the shadow of RTI provided this information.

PF Office replied to me on my complaint that "it is to inform that a RTI has been received in this office from Mrs. XYZ wife of Mr. ABC, in which she is stating that the case has been in Indian Court vide case no. 124/2015 between XYZ and ABC and she was asking for the details of wages of month OCT. 2019 and Dec. 2019. Hence member ledger of Mr. ABC husband of Mrs. XYZ is provided to Mrs. XYZ by CPIO of that time. Further it is also inform that the matter is not of the nature of any grievance. Therefore, as presently no action is pending at the part of RO PF OFC, the grievance may kindly be closed."

I read some where According to Supreme Court and Delhi Hight court personal information can't be shared to 3rd party unless untill there should be some public interest and CPIO have to intimate and take cognizance from the owner of that account. But here CPIO unethically shared my sensitive information to my enemy.

Please help and guide me

Thanks

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I and my wife are senior citizens, both pensioners. My wife was allotted a plot by the Jalandhar Improvement Trust ( A department of the Local Bodies of the Punjab government) in the year 2011 under a scheme called 94.97 acres Surya Enclave Extension Scheme. Full payment to nthe Trust people made. But they have not handed over the possession of the allotted plot. We intend to file a suit in the State Consumer redressal forum. Our lawyer wants us to file an application under RTI. Hence this inquiry.

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1-Muthoot Finance was originally incorporated as a private limited company on March 14, 1997 with the name “The Muthoot Finance Private Limited” under the Companies Act.
2-Subsequently, by fresh certificate of incorporation dated May 16, 2007, its name was changed to “Muthoot Finance Private Limited”.
3-The company was converted into a public limited company on November 18, 2008 with the name “Muthoot Finance Limited” and received a fresh certificate of incorporation consequent upon change in status on December 02, 2008 from the RoC.
4-It is registered NBFC with the Reserve Bank of India (RBI).
5-RBI tags Muthoot Finance as ‘upper layer’, on par with public sector NBFCs
6-Muthooth Finance Ltd. is regulated by Reserve Bank Of india
The Right to Information Act 2005 (RTI ACT) was enacted to obtain information from the Public Authority which is defined under Section 2 (h) of the Act. The provisions of the Act are only related with the information to be obtained from public authorities. The Act is not applicable on private companies. However the information of the private company can be obtained from its regulator if so.Relevant provisions in the Act in support of the same are as follows:-

  1. Preamble of the Act reads as under :-
    “An act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every Public Authority, the Constitution of the Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. Whereas …”

2 . Definition of Information Section 2 (f) of the Act reads as under :-
“Information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, 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.
Pl. comment on the above lines. RBI, being a regulatory authority is liable to furnish the information under RTI Act.

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