Rti application
Querist :
Anonymous
(Querist) 20 December 2011
This query is : Resolved
whether Abhyudaya Co Operative Bank Limited comes under rti? I want some information for the aforesaid bank can I make such application ?
Shonee Kapoor
(Expert) 20 December 2011
No co-operative banks doesnot get any grant from government and hence are not under the ambit of rti.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 20 December 2011
It is not mandatory for co-op banks to give information as not under the perview of the RTI Act
Apnaloan.com Research Bureau
10 Aug 2007
Reserve Bank of India (RBI) has clarified that the co-operative banks are not covered by the Right to Information (RTI) Act 2005.
In a press release issued by the Gujarat State Cooperative Bank, it said, "In the reply, Alpana Killawala, Chief General Manager, Reserve Bank of India, press relation division, Central office has made it clear that cooperative banks are not covered by the Right to Information Act."
The Gujarat State Cooperative Bank Ltd as an apex institute of co-operative banks sought the opinion of Reserve Bank of India regarding the cooperative banks falling within the ambit of the RTI Act.
The cooperative banks are established under Co-operative Act of the respective states or Multi-state Cooperative Societies Act and not under any Parliamentary Statute. Therefore, they are not public authority as defined by the act.
The Sec.2 (h) of the act specifies the institutions as Public Authorities for which RTI Act is applicable. As per the section, the private sector and co-operative sector banks are not covered by the RTI Act and hence, they are not supposed to provide information under the said act.
The Registrar of Cooperative Societies (RCS), Gujarat State in his circular dated March 23, 2006, also specified that co-operative societies are not covered under the RTI Act.
Recently, chief information commissioner in his order in the case of Unjha Agriculture Produce Market Committee case under the RTI Act declared that the said circular of the RCS as void.
Therefore, the impression has been created that co-operative banks are now covered by the RTI Act.
(Courtesy: Business Standard)
ajay sethi
(Expert) 20 December 2011
It has been held recently by Pb & Haryana High Court that Co-oprative banks are covered by the RTI Act.
No immunity from RTI Act, CIC tells co-op bank
Punjab Chief Information Commissioner R I Singh on Friday again made it explicitly clear to the Punjab State Co-operative Agriculture Development Bank Ltd that it was covered under the RTI Act. The bank had been denying information on the ground that it is not a public authority.
ajay sethi
(Expert) 20 December 2011
www.suchetadalal.com › What's New
CIC to RBI: Reveal inspection reports of cooperative banks
November 3, 2011
‘The idea that citizens are not mature enough is repugnant to democracy’ says Central Information Commissioner Shailesh Gandhi, pulls up apex bank
Moneylife Digital Team
Confusion has always existed whether cooperative banks come under the purview of the Right to Information (RTI) Act, and attempts at accessing information regarding them have met with a dead end. But a recent Central Information Commission (CIC) ruling has opened up a new path.
The CIC, hearing an appeal against the RBI’s (Reserve Bank of India) refusal to disclose information regarding inspection of cooperative banks decided that such information cannot be termed as ‘fiduciary’ and must be made available to the public. Central Information Commissioner, Shailesh Gandhi, also criticised his own commission for granting RBI a blanket exemption from revealing information.The ruling said, “RBI was unwilling to share information which might bring out the ‘weaknesses in the financial institutions, systems and management of the inspected entities’. It appears that the RBI argued that citizens were not mature enough to understand the implications of weaknesses, and RBI was the best judge to decide what citizens should know.” Mr Gandhi directed RBI to provide all the information sought within 30th November.
The appellant, Jayantilal S Mistry, about a year back, had sought the audit report and details of investigation submitted to the registrar on Makarpura Industrial Estate Co-Operative Bank in Gujarat; and also details of cooperative banks which have gone into liquidation, RBI’s action against them and pertaining processes. The CPIO (Chief Public Information Officer) and the appellate authorities refused, claiming exemptions under the RTI Act, saying that the information was held in a fiduciary capacity and the disclosure will lead to ‘erosion of public confidence.’
The CIC rubbished such observations, and citing various precedents established that information provided in discharge of a statutory requirement cannot be termed as ‘fiduciary.’ Mr Gandhi said, “This Bench is unable to understand how disclosing the investigation and audit reports would in any miniscule way affect the economic interests of the Indian Nation.”
He said that the RBI is a regulatory authority which is responsible for inter-alia monitoring subordinate banks and institutions, where significant amounts of public funds are kept. “Merely because disclosure of such information may adversely affect public confidence in defaulting institutions, cannot be a reason for denial of information under the RTI Act,” he concluded. He also rebuked the RBI saying that it has not been proactive in disclosure of information.
A 2006 full Bench hearing was cited as a precedent by the RBI and the appellate authorities to justify the exemption. Pointing out several loopholes in that ruling, Mr Gandhi said, “The Full Bench left it to RBI to determine whether disclosure of the said information would attract Section 8(1) (a) of the RTI Act. If the position of the Full Bench is to be accepted, it would lead to a situation where the RBI would have the final say in whether information should be provided to a citizen or not. Extending this logic, all public authorities could be the best judge of what information could be disclosed. In such an event the Information Commission would have no role to play. Parliament evidently expected that the Information Commission would independently decide whether the exemptions are applicable.”
Raj Kumar Makkad
(Expert) 21 December 2011
Cooperative Bank can be private as well as State Cooperative Bank. State Cooperative Bank appears to be covered under RTI . One can ask information from State Cooperative Banks.
Example: The Haryana State Cooperative Apex Bank Limited
Raj Kumar Makkad
(Expert) 21 December 2011
Ahmedabad, April 24: RELYING on a reply from the Reserve Bank of India (RBI) press relation division, Gujarat State Co-operative Bank Ltd has claimed that co-operative banks are not required to provide any information under RTI Act.
Co-operative banks are established under Co-operatives Act of their respective state or multi-state Co-operative Societies Act and “not under any parliamentary statute. Therefore, they are not ‘public authority’ as per the Act’s definition,†said Rajiv Padia, Managing Director of the Bank on Tuesday. Padia has also quoted a circular, issued in March this year by the Registrar of Co-operative Societies, Gujarat, which says that co-operative societies are not covered under RTI Act.
However in a recent order, given in a case against Unjha Agricutural Produce Market Committee, Chief Information Commissioner declared this circular as void. “Therefore, the impression has been created that co-operative banks are now covered under RTI,†Padia said while explaining the reason for coming out with his statement.
He said that section 2(h) of RTI Act clearly specified that private sector and co-operative banks were not covered under RTI Act and “hence, they are not supposed to provide information under the said Actâ€.
Quoting RBI Chief General Manager, heading public relations division, Alpana Killawala, Padia has said UCBs are not covered under RTI Act.
mahendrakumar
(Expert) 21 December 2011
you may raise an rti query in this regard either with with the district or state registrar of cooperative societies.
