Kumar Koraganji
Your interpretation of law is excellent.
My Question:-
1) Whether co-operative banks comes under rti act or not?
2)Whether the disclosure of member information of co-operative society fall within the purview of RTI act?
I C Naik
In response I reproduce a para from a recent judgment of the Supreme Court. [Thalappalam Ser.Coop.Bank Ltd.& … vs State Of Kerala & Ors. on 7 October, 2013]
?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.
When an entity itself is not in the purview of RTI Act, why it break its head on RTI. Cooperative Bank is primarily a cooperative society. If an application under RTI Act is filed before a PANWALA, what he can do?……… Same thing in case of a cooperative society/bank as far as RTI Act is concerned. For information, no cooperative society/bank is owned by any Government in India.
There is contraction to the statement of Meghavath. SC order says RTI ACT is not applicable for the Societies, sufficiently not funded by Government. There is a Federation called National Co-operative Consumers’ Federation of India Limited(NCCF), registered under Multi-state Coopertive Societies Act, in which the Central Government has share capital of around 78%. Will Mr Naik clarify the Status.
I agree with the views expressed by Moses.In my opinion co-op.banks especially funded by the Govt.comes under the RTI
It is an opportunity to clarify. Let me reproduce the cooperative definition; “A co-operative is an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise”. Since the question of ownership is concerned, the cooperative entities are jointly owned. Any Government has share capital in a cooperative irrespective of the quantum is only a joint owner with other share holders subject to 4th Principle i.e. “Co-operatives are autonomous, self-help organisations controlled by their members. If they enter into agreements with other organisations, including governments, or raise capital from external sources, they do so on terms that ensure democratic control by their members and maintain their co-operative autonomy.” As such Government can’t own a cooperative. It can’t have even a preference over an ordinary member.
With the above facts, the SC is right in its conclusion as reproduced by Naik Sab. Hope the clarification is sufficient.
A further judgement declaring cooperative societies are not bodies as mentioned under section 2(h) of RTI Act.
http://indiankanoon.org/docfragment/72002030/?formInput=article%20243zt%20%20%20sortby%3A%20mostrecent