Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Applicability of RTI to Cooperative Societies - The RTI Act, 2005 applies to certain cooperative societies if they qualify as public authorities under Section 2(h). The determination depends on whether the society is substantially financed by the government or exercises control by a public authority. For example, the Registrar of Cooperative Societies functioning under the Cooperative Societies Act can be considered a public authority if the society falls within this scope ["Muppathadam Service Co-Operative Bank Ltd. VS State Chief Information Commissioner - 2024 0 Supreme(Ker) 1348"] ["MECON INDRAPRASTHA SAHAKARI AVAS SAMITI LTD. VS STATE OF U. P. - 2015 0 Supreme(All) 859"].
Cooperative Societies as Public Authorities - Courts and commissions have held that cooperative societies can be considered public authorities if they are under government control or influence. The Supreme Court and various High Courts have examined whether control exercised by the Registrar or statutory provisions make these societies public authorities under RTI ["MECON Indraprastha Sahakari Avas Samiti Ltd. through its Secretary and Another v. State of U. P. through Principal Secretary Cooperative Development and Others - Allahabad"] ["MECON INDRAPRASTHA SAHAKARI AVAS SAMITI LTD. VS STATE OF U. P. - 2015 0 Supreme(All) 859"] ["MOTHER DAIRY FRUIT & VEGETABLE PRIVATE LIMITED vs ASEEM TAKYAR - Delhi"].
Specific Legislation and RTI - The Cooperative Societies Act is a special law governing cooperative societies. Its provisions and the manner of incorporation influence whether RTI applies. When society functions are under statutory control, and information is held by a public authority, RTI applicability is more likely. However, if the society operates independently without government influence, RTI may not be applicable ["Muppathadam Service Co-Operative Bank Ltd. VS State Chief Information Commissioner - 2024 0 Supreme(Ker) 1348"] ["Valaparla Bhaskara Rao VS Chegu Madhava Rao - Andhra Pradesh"].
Court Decisions and RTI Scope - Several judgments suggest that cooperative societies incorporated under specific Acts may or may not be deemed public authorities depending on control, funding, and statutory provisions. The Supreme Court has emphasized that incorporation and statutory control are key factors in determining RTI applicability ["MECON Indraprastha Sahakari Avas Samiti Ltd. through its Secretary and Another v. State of U. P. through Principal Secretary Cooperative Development and Others - Allahabad"] ["MOTHER DAIRY FRUIT & VEGETABLE PRIVATE LIMITED vs ASEEM TAKYAR - Delhi"].
Analysis and Conclusion:The Right to Information Act, 2005 is applicable to societies incorporated under the Cooperative Societies Act only if they are deemed public authorities. This depends on the extent of government control, financing, and statutory influence. Generally, if the Registrar of Cooperative Societies or similar public authority exercises control over the society, RTI can be invoked. However, societies functioning independently without significant government influence are less likely to be covered under RTI. Therefore, applicability is case-specific and hinges on the society's degree of government involvement and statutory control.
In today's transparent governance era, citizens often seek information from various organizations using the Right to Information (RTI) Act, 2005. But what if you want details from your local housing cooperative society or credit society? A common question arises: whether the Right to Information Act is applicable to a society incorporated under the Cooperative Societies Act? This blog post dives deep into this issue, drawing from Supreme Court judgments and legal precedents to provide clarity. Note that this is general information based on established case law and should not be considered specific legal advice—consult a qualified lawyer for your situation.
The RTI Act, 2005, empowers citizens to access information from 'public authorities.' Section 2(h) defines 'public authority' as any body or authority owned, controlled, or substantially financed by the government, or any other authority established by the Constitution, Parliament, or State Legislature. President, Z.B. 70, Madhanam Primary Agricultural, Co-operative Credit Society vs State Information Commissioner, Chennai - 2024 Supreme(Online)(MAD) 54
Cooperative societies, registered under state-specific Cooperative Societies Acts, are typically autonomous bodies corporate governed by their own bye-laws and managed by elected committees. They are not directly created by the State. The Supreme Court has emphasized that mere registration or regulatory oversight does not transform them into public authorities. Thalappalam Ser. Coop. Bank Ltd. VS State of Kerala - 2013 7 Supreme 291
For instance, in Thalappalam Service Cooperative Bank Ltd. v. State of Kerala, the Court clarified: Cooperative societies are bodies governed by their bye-laws and are not created directly by the State. Thalappalam Ser. Coop. Bank Ltd. VS State of Kerala - 2013 7 Supreme 291Muppathadam Service Co-operative Bank Ltd. vs State Chief Information Commissioner, Tc-14, 2071, Punnen Road - 2025 0 Supreme(Ker) 881. Regulatory powers of the Registrar of Cooperative Societies—such as audits or inquiries—are supervisory, not amounting to 'substantial control' required under the RTI Act. Thalappalam Ser. Coop. Bank Ltd. VS State of Kerala - 2013 7 Supreme 291
The judiciary has consistently ruled against blanket RTI applicability to cooperative societies. In Thalappalam Service Cooperative Bank Ltd., the apex court held that cooperative societies do not automatically qualify as public authorities unless there is substantial State control or financing. The Registrar's access to information is limited to what's statutorily permitted and does not extend to private details like bank accounts without legal backing. Thalappalam Ser. Coop. Bank Ltd. VS State of Kerala - 2013 7 Supreme 291Muppathadam Service Co-operative Bank Ltd. vs State Chief Information Commissioner, Tc-14, 2071, Punnen Road - 2025 0 Supreme(Ker) 881
Other rulings reinforce this:- Cooperative societies fall outside RTI scope as they are not 'bodies created by the State' nor substantially financed by it. Muppathadam Service Co-Operative Bank Ltd. VS State Chief Information Commissioner - 2024 0 Supreme(Ker) 1348Horilal Chouhan, S/o. Late Shrawan Kumar Chouhan VS State of Chhattisgarh Through Secretary, Co-Operative Department - 2024 0 Supreme(Chh) 404- State amendments trying to extend RTI to cooperatives have been struck down if lacking constitutional competence, given RTI is central legislation under Entry 97 of the Union List. MECON INDRAPRASTHA SAHAKARI AVAS SAMITI LTD. VS STATE OF U. P. - 2015 0 Supreme(All) 859
High Courts echo this view. The Karnataka High Court and Bombay High Court have held that societies lacking government ownership, control, or financing do not meet Section 2(h) criteria. Rasipuram Cooperative Urban Bank Ltd VS Deputy Registrar of Cooperative - 2012 0 Supreme(Mad) 2042Virendra Pal Singh VS District Assistant Registrar, Co-operative Societies, Etah - 1980 0 Supreme(SC) 250Belgaum Gardeners Co-operative Production Supply And Sale Society LTD. VS State of Karnataka - 1992 0 Supreme(SC) 348
Further precedents highlight cooperatives' private nature. In discussions on whether cooperatives qualify as 'State' under Article 12 of the Constitution (relevant for fundamental rights enforcement), courts have noted they are not governmental entities. For example, one judgment examined if a cooperative qualifies as 'State,' concluding that tests like government contribution or control must be met, which they typically aren't for ordinary societies. S. K. C. C. Bank Ltd. v. Seetharama Raja - 1990 Supreme(Online)(AP) 8
In St. Joseph Cooperative Farming Society case, the court interpreted regulations like the U.P. Wheat Levy Order, ruling it inapplicable to incorporated cooperatives as they aren't mere 'individuals' but corporate bodies. This underscores their distinct legal status. JOSTPH CO OPERATIVE FARMING SOCIETY VS COLLECTOR RAMPUR - 1996 Supreme(All) 1403
Another case involving a cooperative bank's employee promotion clarified that such banks are not 'State' under Article 12, making writ petitions under Article 226 maintainable only in limited circumstances. The bye-laws, akin to a company's Articles of Association, lack statutory force. Krishan Kant VS Punjab State Cooperative Agricultural Development Bank Limited - 2023 Supreme(P&H) 3141
Under the Kerala Cooperative Societies Act, provisions like Sections 6, 63, and 66 do not imply government control over internal administration, reinforcing RTI inapplicability. THRISSUR DISTRICT CO-OP. BANK VS STATE INFORMATION COMMISSION, REPRESENTED BY ITS SECRETARY - 2017 Supreme(Ker) 120
Even in criminal matters, employees of cooperatives are not 'public servants' under Section 21 IPC, treating them as private entities. Brijpal Singh VS State of U. P. - 2024 Supreme(All) 573
While generally exempt, exceptions exist:- Substantial Government Involvement: If a society is owned (e.g., majority government shares), controlled (deep governmental interference), or substantially financed (significant grants/loans), it may qualify. The burden of proof is on the RTI applicant. Thalappalam Ser. Coop. Bank Ltd. VS State of Kerala - 2013 7 Supreme 291- Information Held by Public Authorities: Citizens can seek from the Registrar of Cooperative Societies information they hold under their regulatory powers, as the Registrar is a public authority. Sections 2(f) and 2(j) RTI allow access to info accessible by public authorities from private bodies. Sri Bhavana Rishi Co-op. House Building Society, Kapra, Ranga Reddy Dist. VS A. P. Information Commission, Hyderabad - 2010 Supreme(AP) 57Jalgaon Jillha Urban Cooperative Banks Association Ltd. VS State of Maharashtra - 2017 Supreme(Bom) 191
For example, Maharashtra Cooperative Societies Act provisions mandate societies to provide records for audits, which the Registrar must disclose under RTI if requested. Jalgaon Jillha Urban Cooperative Banks Association Ltd. VS State of Maharashtra - 2017 Supreme(Bom) 191
Purely private societies with no State nexus remain outside RTI. THRISSUR DISTRICT CO-OP. BANK VS STATE INFORMATION COMMISSION, REPRESENTED BY ITS SECRETARY - 2017 Supreme(Ker) 120
For members or outsiders:- Verify Status: Check if your society receives substantial government aid or control.- Approach Registrar: File RTI with the Registrar for oversight-related info, not directly with the society.- Internal Remedies: Use society bye-laws for information access.
Societies should document their private status clearly. Governments must avoid overreach via amendments without competence. Praveen Kumar Chandrakar (Died) Through Lrs. VS State of Chhattisgarh Through The Secretary, Co-operative Department - 2023 Supreme(Chh) 689
In amendments to state acts like Chhattisgarh Cooperative Societies Act, courts upheld legislative powers but stressed constitutionality presumptions. Praveen Kumar Chandrakar (Died) Through Lrs. VS State of Chhattisgarh Through The Secretary, Co-operative Department - 2023 Supreme(Chh) 689
In conclusion, cooperative societies enjoy autonomy, shielding them from RTI unless State ties are substantial. This balance protects privacy while ensuring accountability where warranted. Stay informed, but for personalized guidance, reach out to a legal expert.
References:1. Thalappalam Ser. Coop. Bank Ltd. VS State of Kerala - 2013 7 Supreme 291: Thalappalam Service Cooperative Bank Ltd.2. Muppathadam Service Co-operative Bank Ltd. vs State Chief Information Commissioner, Tc-14, 2071, Punnen Road - 2025 0 Supreme(Ker) 881: Supreme Court on regulatory vs. substantial control.3. President, Z.B. 70, Madhanam Primary Agricultural, Co-operative Credit Society vs State Information Commissioner, Chennai - 2024 Supreme(Online)(MAD) 54: Definition of public authority.4. MECON INDRAPRASTHA SAHAKARI AVAS SAMITI LTD. VS STATE OF U. P. - 2015 0 Supreme(All) 859: RTI as central legislation.
(Word count: approx. 1050)
#RTIAct, #CooperativeSocieties, #LegalInsights
Information, of which a right to obtain disclosure has been conferred upon citizens with a corresponding obligation to disclose, is information which is accessible under the Act and which is held by or under the control of a public authority. ... The issue as to whether the Registrar is bound to disclose the information which has been sought by the fourth respondent or whether the information falls within the categories of exemptions contemplated by ....
Joseph Cooperative Farming Society, was incorporated in the District of Rampur, Tehsil Bilaspur. The President of the Cooperative Society, aforesaid, is one Reverred Father Joseph Puthett. ... 4. ... Now of the issues which remain is the aspect whether levy of the year 1974-75 as was being demanded from the petitioner Cooperative Society would be as if a demand was being made from an individual or from a corporate body. ... When the petitioner Cooperative Society pleaded before the Di....
Section 3 of the Right to Information Act confers a right on the citizens of this Country to have information. Therefore, unless the information is specifically barred, the statutory right has to be given effect to. ... Only those information which a Registrar of Cooperative Societies can have access under the Cooperative Societies Act from a society could be said to be the information which is "held" or "under the....
Therefore, the question that arises for consideration is whether the information sought by Respondent No.4 can be 'accessed' by the Registrar and whether the learned Single Judge and the Information Commissioner were right in holding so. 15. ... The question as to whether cooperative societies registered under the Act of 1969 are generally covered under the definition of Section 2(h) of the RTI Act was referred to the Full Bench of ....
Co-operative Societies Act is a special law relating to Cooperative societies. Therefore, in view of Section 4 of the Civil Procedure Code, the provisions of Section 39 of the A. P. ... He also brought to my notice Section 2 (7) of the companies Act, 1956, defining "body corporate" or corporation . According to the said definition, body corporate or corporation includes a, company incorporated outside India but does not include - (a ). . . . . . . ... It was held that "agricultural land in the former Nawanagar State....
This question becomes relevant whenever the court proceeds to examine whether a company (incorporated under the Companies Act) or a society (whether registered under the Societies Registration Act or the Cooperative Societies Act) can be characterized as "State" with in the meaning of Art.12. ... ... 37 We now proceed to examine whether the other three tests, namely, 1, 4 and 5 are satisfied in this case. ... (1) Government's contribution to the ....
Information, of which a right to obtain disclosure has been conferred upon citizens with a corresponding obligation to disclose, is information which is accessible under the Act and which is held by or under the control of a public authority. ... The issue as to whether the Registrar is bound to disclose the information which has been sought by the fourth respondent or whether the information falls within the categories of exemptions contemplated by ....
exercise of powers conferred on him by the Cooperative Societies Act. ... They are of the nature of the Articles of Association of a Company incorporated under the Companies Act. They may be binding between the persons affected by them, but they do not have the force of a statute. ... The right of an employee to be considered for promotion is a fundamental right under Article 16 of the Constitution of India. ... b) 'whether the writ petition would be maintainable aga....
Amendment Act No.12 of 1994, would curtail the right. Likewise, the omission of clause (d) which also takes into sweep the person who has been dismissed from service of any cooperative institution or Government service, would also curtail the right of the general public at large. ... Submission of the petitioners are that such curtailment of the right would be against the fundamental right of its individual citizen to contest for a member in the society and to elevate to the board and....
in Section-104 of the Act, 1965 for contravention of Section 8 and Section 106 of the Act, 1965, and provision of compounding is also incorporated u/s 104-A of the Act, 1965 as well as cognizance of offence u/s 105 of the Act, 1965. ... After hearing the parties and on perusal of the record, a question that requires to be determined is whether Sections 68, 103, 105 of the Act, 1965, as well as Section 26 of the General Clauses Act, bar the prosecutio....
The upshot of the above lexical exposition is that information must be the information which a public authority by exercising his "restraining power or influence over the affairs of any other body" can access. When we look at Section 2(f) and 2(j) together with Section 3, it becomes imminently clear, Sri Bhavana Rishi holds, that the information that can be accessed by the citizens is the one liable to be accessed by any public authority. The Co-operative societies, not supported by the Government, assert that they are not "public authorities" and, so, they are beyond the jurisdictional limi....
3. The petition is filed under provisions of Articles 226 and 227 of the Constitution of India and following reliefs are claimed : (a) Call for record and proceedings of the case. JUDGMENT: T.V. Nalawade, J. The petition is filed by the association of Jalgaon Zilla Urban Cooperative Banks, Credit Societies and other financial institutions registered under the Maharashtra Cooperative Societies Act 1960. It is the contention of the petitioner that in view of the provisions of section 2(h) and section 8 of the Right to Information Act 2005 (hereinafter referred to as "the Act"), coope....
1. The only question arises in these five writ petitions is whether a Cooperative Society registered under the Tamil Nadu Cooperative Societies Act, 1983 is a “public authority” within a meaning of Section 2(h) of the Right to Information Act, 2005 (for short RTI Act)?
Therefore, even from the perspective of the expression “right to information,” as defined by the RTI Act, the Registrar of Cooperative Societies who answers the definition of `public authority’ (in terms of Section 2(h)(c) of the RTI Act), all such information held by him under his control, can be accessed by any citizen in terms of Section 3 of the RTI Act. We have already noticed various provisions of the Cooperative Societies Act which clearly disclosed the controlling power and reach of access of the Registrar of Cooperative Societies appointed and constituted as such u....
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