Appeal No. 3925 of 2020 filed by Sherry Ashok

Last updated: 29 October 2020

Court :
SEBI

Brief :
The appellant had filed an application dated June 12, 2020 (received by SEBI on July 01, 2020) under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated July 14, 2020, responded to the application filed by the appellant. The appellant filed an appeal dated September 14, 2020 (received by the Office of Appellate Authority on September 22, 2020), against the said response dated July 14, 2020 (received by the appellant on September 09, 2020).

Citation :
Appeal No. 3925 of 2020

BEFORE THE APPELLATE AUTHORITY
(Under the Right to Information Act, 2005)
SECURITIES AND EXCHANGE BOARD OF INDIA

Appeal No. 3925 of 2020

Sherry Ashok : Appellant
Vs.
CPIO, SEBI, Mumbai : Respondent

ORDER

1. The appellant had filed an application dated June 12, 2020 (received by SEBI on July 01, 2020) under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated July 14, 2020, responded to the application filed by the appellant. The appellant filed an appeal dated September 14, 2020 (received by the Office of Appellate Authority on September 22, 2020), against the said response dated July 14, 2020 (received by the appellant on September 09, 2020). I have carefully considered the application, the response and the appeal and find that the matter can be decided based on the material available on record.

2. Queries in the application –The appellant, vide his application dated June 12, 2020 sought the following information with respect to the copy of NACH agreement between a mutual fund distributor and its client, enclosed with the application:

A. Has SEBI approved the above NACH format with these provisions for use by mutual fund distributors?
B. If so a copy of the approval notification may kindly by provided.
C. Any other available information/approval on the issue of NACH may kindly be provided.

3. The respondent, in response to query numbers A and B, informed that SEBI has not approved any such NACH format. It was also informed that information with respect to Mutual Fund Distributors is not maintained by SEBI and that they are registered with Association of Mutual Funds of India. With respect to query number C, the respondent observed that the same is not clear and specific and accordingly,cannot be construed as seeking “information” as defined under section 2(f) of the RTI Act.

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