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

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

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...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...