Co-operatives not binding under RTI Act : Bodies established under the Constitution fall under RTI and hence do co-operatives, but more clarity is needed.

Business Standard: Bangalore: Tuesday, May 14, 2013.

The recent news about co-operatives coming under the Right To Information (RTI) Act saw many excited activist and individuals. Till now, Maharashtra is the only state to have ratified the 97th Constitutional Amendment that came about in March 2012. Orissa is learnt to have notified the amendment while Gujarat has rejected it. After the amendment, a one-year period was given to states to amend as well as repeal existing law in line with the new Constitutional provisions.

Co-operative societies include co-operative banks, credit societies, sugar factories, handloom-power loom factories, distilleries, milk producing societies (like Amul), water supply societies and so on..

Till last year co-operative societies did not fall under RTI. But, the latest amendment, many say, brings it under the purview of the same. How? “As per Section 2(h) of the RTI Act, any public body or institution established under the Constitution (Article 19) becomes the fundamental right of any citizen and hence comes under the RTI. So do co-operatives,” says Mumbai-based RTI activist Shailesh Gandhi.

However, it is not as simple as it comes across to be. Pune-based non-government organisation Sajag Nagrik Manch’s president and RTI activist, Vivek Velankar says that this matter is laced with controversy. “There is no clarity on who this amendment, and hence RTI, applies to and who it does not apply to. Therefore, a citizen may or may not get response to his RTI application from co-operatives. Either the body will not respond at all or it can deny saying it does not fall under RTI’s purview. You cannot pull up a co-operative under RTI as on today,” he warns.

Velankar says Maharashtra state has accepted only the Constitutional Amendment, which if extended can get co-operatives under RTI. This is not written in as many words. As a result, many can refute it.

However, co-operatives say that societies can be formed with 10-20 people. In that case, even under the RTI, who should be fined, all 20 of them? Examples of private companies are given as these are formed under Companies Act but that does not necessarily come under RTI.

Given that the amendment was done and accepted only over the past year, many opine that only new co-operatives should come under RTI and not the existing ones. Though, this is not a new Co-operative Act but an amendment to it as per that of the Constitution. Hence, every co-operative society no matter how old or new can come under the RTI Act.

The Gujarat High Court has struck down allowing co-operative societies to come under the RTI. And if this matter goes to the Supreme Court, which many feel it will, there could be some clarity. And the decision taken there of including or not including co-operative under RTI may be final for all states. Till more clarity emerges there is no binding for such authorities. That’s why Gandhi says ‘if this comes’, it would be beneficial for citizens.

Such societies are also known to be abodes of chronic corruption. Surendera M. Bhanot coordinator of Chandigarh-based RTI Federation says it will become easy for co-operatives’ members once RTI is applicable as many management is known to siphon money or misappropriate funds. “Till now, members cannot get information about co-operatives, their accounts, functioning, very easily. Then, you cannot even know if these bodies are working right. After this, you can question your housing society if you have any kind of doubt, any co-operative bank and even companies like Amul. And if you are proved right then you can drag the co-operative to court on the basis of response to your RTI application,” he said.