Are scheduled multistate co-op banks under RTI?

A V Joshi

Lease let me know whether scheduled multistate cooperative Banks Come under RTI act. If yes since when?

I C Naik

In its Order dated 7 October, 2013 the Supreme Court in Thalappalam Ser.Coop.Bank Ltd.& … vs State Of Kerala & Ors. : CIVIL APPEAL NO. 9017 OF 2013 at Para 54 reproduced below basis of determining whether a Cooperative Society/Bank is covered by RTI Act.

54.We, therefore, hold that the Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act and the State Government letter dated 5.5.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies, Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed in the absence of materials to show that they are owned, controlled or substantially financed by the appropriate Government. Appeals are, therefore, allowed as above, however, with no order as to costs.”

So its a matter of fact as to whether cooperative/bank under question is owned, controlled or substantially financed by the appropriate Government which will answer the question.

 

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