Skip to main content

The Supreme Court of India Ruled That Co-Operative Societies Do Not Fall Within the Ambit of RTI

The Supreme Court of India on 15 October 2013 ruled that co-operative societies do not fall within the ambit of Right to Information (RTI).

While ruling the judgment a bench of justice KS Radhakrishnan and justice AK Sikri told that mere supervision or regulation of a body by government would not make that body a public authority.

Observations of the Supreme Court of India
• Societies are of course subject to the control of the statutory authorities like Registrar, Joint Registrar and the Government. But cannot be said that the state exercises any direct or indirect control over the affairs of the society which is deep and all pervasive.
• Supervisory or general regulation under the statute over the co-operative societies, which are body corporate, does not render activities of the body so regulated as subject to such control of the State so as to bring it within the meaning of the State or instrumentality of the State.
• The mere supervision or regulation as such by a statute or otherwise of a body would not make that body a public authority within the meaning of Section 2(h)(d)(i) Right to Information Act. In other words just like a body owned or body substantially financed by the appropriate government, the control of the body by the appropriate government would also be substantial and not merely supervisory or regulatory.

The ruling was given by the Supreme Court of India while quashing a circular by Kerala government.

According to the Kerala government circular to the Registrar of Co-operative Societies in May 2006  all institutions formed by laws made by State Legislature is a public authority and therefore, all co-operative institutions coming under the administrative control of the Registrar of Co-operative Societies are also public authorities.

About Cooperative societies
•Cooperative Societies is a state subject under entry 32 state list of the Seventh schedule of the Indian Constitution.
• According to the Constitutional (97th Amendment) Act, 2011 forming a Cooperative Society is a fundamental right under article 19(1)(i).
• Constitutional (97th Amendment) Act, 2011 added the words “or co-operative societies” after the word “or unions” in Article 19(l)(i) and insertion of article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., The Co-operative Societies.

About right to information act, 2005
It is an act 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 every public authority.

According to the Section 2(h) of the Right to Information Act, 2005 Public authority means any authority or body or institution of self-government established or constituted-
(a) by or under the Constitution
(b) by any other law made by Parliament
(c) by any other law made by State Legislature
(d) by notification issued or order made by the appropriate Government, and includes any—
i. Body owned, controlled or substantially financed
ii. Non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.
iii. Non Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.

Article referred: http://www.jagranjosh.com/current-affairs/the-supreme-court-of-india-ruled-that-cooperative-societies-do-not-fall-within-the-ambit-of-rti-1381837117-1

Comments

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil