Tuesday, September 30, 2008

Co-operative Societies are not public authorities under the RTI Act

Co-operative Societies are not public authorities under the RTI Act

RTI cannot unlock all co-operative societies

A key right-to-information question was resolved when the Karanataka High Court on 30 June 2008, declared that registered Co-operative Societies are not public authorities under the RTI Act, 2005.

Citing the RTI Act, the High Court said that 'public authority' under this act is a body of self-government established by the appropriate (state legislature, central) government. A non-governmental organisation substantially financed, directly or indirectly by funds provided by the appropriate government is also a 'public authority'.

Furthermore, the court noted that while the Co-operative Societies Act and the Karnataka LokAyuktha Act both defined office-bearers of co-operative societies to be 'public servants', this did not amount to these bodies termed as a 'public authorities' under the RTI law.

The issue came up in September 2005, when a co-operative society filed a petition asking if it was a public authority under the RTI Act. That month, the Registrar of the Co-operative Societies (Karnataka) had notified that all co-operative societies in Karnataka were public authorities. Some members of Dattaprasad Co-operating Housing Society, Malleshwaram wanted to know information about the society and some others opposed divulging the information. The chairman of the society took the case further. The respondents for the case were the Registrar of Co-operative Societies and the Karnataka Information Commission.

Courtesy_
http://bangalore.citizenmatters.in

Also read the complete Judgment on this Issue at:

The High Court ruling on this issue

No comments:

Post a Comment

Related Posts Plugin for WordPress, Blogger...

The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.

Search our Blog

Google
 

Subscribe this Blog to your E-mail


Disclaimer

This Blog Spot is meant for publishing reports about the usage of RTI Act (Right to Information Act, 2005) so as to create an awareness to the general public and also to keep it as a ready reckoner by them. So the readers may extend their gratitude towards the Author as we quoted at the bottom of each Post under the title "Courtesy".Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.

Dinamani - RTI News