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Q&A – RTI: If the law under PSU/public body does not allow access to information such as agendas of board meetings etc., will such information have to be given under RTI Act?

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Section 2(h) of the RTI Act, 2005 provides that any body owned, controlled or substantially financed by the Government is a ‘public authority’:

https://rti.gov.in/RTI%20Act,%202005%20(Amended)-English%20Version.pdf

As per Section 22 of the RTI Act, 2005, the RTI Act provisions shall have overriding effect:

https://rti.gov.in/RTI%20Act,%202005%20(Amended)-English%20Version.pdf

Public Sector Undertakings fall within the category of public authorities. Even if the law constituting a PSU does not allow disclosure of certain categories of information, the RTI Act, 2005 overrides such law. Hence, the PIO of the PSU/ organization has to provide the information.

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