RIGHT TO INFORMATION ACT – 2005
RIGHT TO INFORMATION ACT
The Government of India
has enacted "Right to Information Act 2005” 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 any public authority.
RIGHT TO
INFORMATION
The right to information includes an access to the information which is held by
or under the control of any public authority and includes the right to inspect
the work, document, records, taking notes, extracts or certified copies of
documents / records and certified samples of the materials and obtaining
information which is also stored in electronic form.
THE INFORMATION
WHICH IS EXEMPT FROM DISCLOSURE
The Right to Information Act, 2005 under Sections 8 and 9 exempts certain categories of information from disclosures. These include:
- Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.
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Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
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Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
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Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
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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;
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Information received in confidence from foreign Government; information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
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Information which would impede the process of investigation or apprehension or prosecution of offenders;
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Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers;
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Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual.
FEE / COST TO GET THE INFORMATION
A request for obtaining information under Section 6(1) of the Act needs to be accompanied by an application fee of Rs.10 by way of cash against proper receipt or by DD or bankers’ cheque or Indian Postal Order.
As per the Right to Information (Regulation of Fee and Cost) Rules, 2005, the public authority shall charge:
- Rs.2/- for each page (in A-4 or A-3 size paper) created or copied;
- actual charge or cost price of a copy in larger size paper;
- actual cost or price for samples or models; and
- for inspection of records, no fee for the first hour; and a fee of rupees five for each subsequent hour (or fraction thereof).
Further, to provide information under Section 7(5) of the Right to Information Act, 2005, the public authority shall charge:
- Rs. 50/- per diskette or floppy; and
- for information provided in printed form at the price fixed for such publication or Rs. 2/- per page of photocopy for extracts from the publication
WHO CAN ASK FOR
INFORMATION?
Any citizen can request for information by making an application in writing or
through electronic means in English / Hindi / official language of the areas,
in which the application is being made together with the prescribed fees.
WHO WILL GIVE
INFORMATION?
Information is furnished by the Central Public Information Officer in SEBI. You may also deposit the application with any
Central assistant Public Information Officers (CAPIOs)
designated for the purpose at various levels, who will receive the requests for
information from the public and forward it to the Central Public Information
Officers (CPIO). The CPIO will arrange
for providing necessary information to the public as permitted under the law.
The public authorities are also required to designate authority (ies) senior in rank to CPIO, as
Appellate Authorities, who will entertain and dispose off appeals against the
decision of the CPIO as required under the Act. Any person who does not receive
the decision from CPIO wither by way of information or rejection within the
time frame, may within 30 days from the expiry of period prescribed for
furnishing the information or 30 days from the date of receipt of the
decisions, prefer an appeal to the Appellate Authority.
THE ROLE OF CENTRAL PUBLIC INFORMATION OFFICERS (CPIO)
The
CPIO will receive the application / request for information under the Act and process
the request for providing the information and dispose of the same; either by
providing the information or rejecting the request, within a period of 30 days
from the date of receipt of request
MAKING AN APPLICATION UNDER THE RIGHT TO INFORMATION ACT, 2005
Citizens of India will have to make the request for information in writing, clearly specifying the information sought under the Right to Information Act, 2005. The application for request should give the contact details (postal address, telephone number, fax number, email address) so that the applicants can be contacted for clarifications, if any.
HOW DO I SEND MY APPLICATION?
As per the Right
to Information (Regulation of Fee and Cost) Rules, 2005 prescribed by the
Government of India: a request for obtaining information under Section 6(1) of
RTI Act needs to be accompanied by an application fee of Rs.10 by way of cash
against proper receipt or by DD or bankers' cheque or
Indian Postal Order payable to the Accounts Officer of the public authority.
You could send
your request by post accompanied by the application fee of Rs.10/- payable by
demand draft or bankers cheque
or Indian Postal Order favoring Securities
and Exchange Board of India. The fee can also be paid in cash along with
the application. Applications can also be made over fax or email. The applicant
will, need to send the application fee. The Securities and Exchange Board of
India will take up the application for consideration, as required under the
Act, only after the application fee has been received. ‘
WHERE DO I SEND MY REQUEST?
You can send your request to any of the following addresses of CPIO / CAPIOs
THE
CENTRAL PUBLIC INFORMATION OFFICER IN SEBI
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Dr.Anil Kumar Sharma,
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Chief
General Manager,
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Securities
and Exchange Board of India,
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SEBI Bhavan, Plot No.C4-A,
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G Block, Bandra Kurla Complex,
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Bandra (E), Mumbai 400 051
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Direct
Tel.: +91-22-26449190
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Tel.Board:+91-22-26449000
Email : cpio_ho@sebi.gov.in
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THE STRUCTURE OF CENTRAL ASSISTANT PUBLIC
INFORMATION OFFICERS IN SEBI
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Sr.
No.
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Name
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Designation
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Offices
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1
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Shri Praveen Trivedi
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JLA
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Northern
Regional Office,Delhi
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5th
Floor, Bank of Baroda Building
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16, Sansad Marg
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New Delhi - 110 001.
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Tel.
Board: +91-11-23724001-05
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Fax : +91-11-23724006.
Email : capio_nro@sebi.gov.in
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2
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Shri Suresh B Menon
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Chief General
Manager
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Southern
Regional Office, Chennai
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D' Monte
Building, 3rd Floor,
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32 D'
Monte Colony, TTK Road,
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Alwarpet,
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Chennai (Madras) : 600018.
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Tel.Board: +91-44-2467 4000/2467 4150
Fax: +91-44 2467 4001
Email : capio_sro@sebi.gov.in
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3
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Shri Jayanta Jash
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General
Manager
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Eastern
Regional Office, Kolkata
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L&T
Chambers,3rd Floor,
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16 Camac Street,
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Kolkata 700 017.
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Tel.Direct:+91-33-22801423
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Tel.Board: +91-33-23023000
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Fax+91-33-22874307
Email : capio_ero@sebi.gov.in
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4
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Shri Achal Singh
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Deputy General
Manager
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Western
Regional Office, Ahmedabad
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Unit No. 002, Ground Floor,
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SAKAR 1, Near Gandhigram Railway Station ,
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Opp. Nehru Bridge Ashram Road, Ahmedabad 380 009.
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Tel.Board: +91-79-26583633-35
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Fax+91-79-26583632 Email : capio_wro@sebi.gov.in
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TRANSPARENCY OFFICER (appointed as Transparency Officer in accordance with directions of Honourable Central Information Commission)
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Shri P.K Nagpal, Executive Director and Transparency Officer,
Securities and Exchange Board of India, SEBI Bhavan, Plot No.C4-A, G Block, Bandra Kurla Complex, Bandra (E), Mumbai 400 051. Tel.: 91-22-26449995
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APPELLATE AUTHORITY DESIGNATED IN SEBI
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Shri Prashant Saran
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Whole-Time Member,
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Securities and Exchange Board of India,
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SEBI Bhavan,
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Plot No.C4-A,
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G Block,
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Bandra Kurla Complex,
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Bandra (E),
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Mumbai 400 051
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Tel.: +91-22-26449997
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HOW LONG WILL SEBI TAKE TO PROVIDE INFORMATION?
SEBI will, within 30 days of receipt of the application for information along with the fee of Rs.10/-, communicate to the requestor whether it can or cannot provide the information.
AT WHAT STAGE WILL I HAVE TO PAY THE COST?
If SEBI has the information and can provide it to you it will, within 30 days of its receiving the application along with the fee of Rs.10/-, communicate to you the cost of providing the information as prescribed under Section 7(1) of Right to Information Act.
WHEN WILL I GET THE INFORMATION?
You will get the information, once SEBI receives the payment towards providing the information.
SEBI’s Obligation under the Act
Securities and Exchange Board of India (SEBI) is a public authority as defined in the Right to Information Act, 2005. As such, SEBI is obliged to provide information to members of public.
Section 4(1)(b) of the Right to Information Act, 2005
Section 4(1)(b)
| Information to be published under the Act
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(i) | The particulars of the organisation, functions and duties
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(ii) |
The powers and duties of its officers and employees |
(iii) |
The procedure followed in the decision making process, including channels of supervision and accountability |
(iv) | Norms set by SEBI for the discharge of its functions
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(v) | Rules, regulations, instructions, manuals and records, held by SEBI or under its control or used by its employees for discharging its functions
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(vi) | Statement of Categories of Documents that are held by SEBI or under its Control
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(vii) | Particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof
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(viii) | List of Boards, Councils, Committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public
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(ix) | directory of its officers and employees
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(x) | Monthly remuneration received by its officers and employees, including the system of compensation as provided in its regulations
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(xi) | The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made
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(xii) | The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes
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(xiii) | Particulars of recipients of concessions, permits or authorisations granted
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(xiv) | Details in respect of the information, available to or held by it, reduced in an electronic form
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(xv) | The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use
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(xvi) | Names, designations and other particulars of Public Information Officers
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ESTABLISHMENT
OF SEBI
The Securities and Exchange Board of India
was established on April 12, 1992
in accordance with the provisions of the Securities and Exchange Board of India Act, 1992.
PREAMBLE
The Preamble of the Securities and Exchange Board of India
describes the basic functions of the Securities and Exchange Board of India as
“…..to protect the interests of investors in securities
and to promote the development of, and to regulate the securities market and
for matters connected therewith or incidental thereto””
The Board
Powers and
Functions of the Board
Functions of Departments / Divisions
Directory of SEBI
Employees
Pay Scales in SEBI
Organisation Structure
Addresses of Offices of SEBI
Public Holidays - 2011
Public Holidays - 2011 (ERO)
Public Holidays - 2011 (NRO)
Public Holidays - 2011 (WRO)
Public Holidays - 2011 (SRO)
SEBI WEBSITE
Securities and Exchange Board of India (SEBI) has been maintaining its
website (https://www.sebi.gov.in) since November 1996. The site is
updated regularly and all the information released by SEBI is also
simultaneously made available on the website.
The information published in public domain include the following:
(1) Acts, Rules, Regulations, Guidelines, Circulars, etc.
(2) Orders passed by SEBI
(3) Reports of Committees
(4) Press Releases
(5) Annual Report
(6) SEBI Bulletin
(7) Handbook of Statistics on the Indian Securities Market
LIBRARY ACCESS
The working hours of SEBI library at SEBI Bhavan is 9.30 am to 5.30 pm from Monday to Friday. It mainly caters to staff members of SEBI. It is also open to academic research scholars, subject to prior permission