Moneylife: New Delhi: Thursday, November 23, 2017.
In a landmark
decision, a Full Bench of the Central Information Commission (CIC) has declared
Indian Banks' Association (IBA) as public authority under the Right to
Information (RTI) Act.
Asking the
IBA to appoint a public information officer (PIO), the CIC has directed the
Association to provide desired information to the applicant within 30 days.
The
Commission was hearing case of RK Jain and Ita Bose against IBA, an association
of Indian banks and financial institutions. Citing Section 2(h) of the RTI Act,
the IBA had refused to provide information stating that it is not a public
authority. Earlier on 20 October 2017, M Sridhar Acharyulu, Central Information
Commissioner, had declared IBA as public authority.
The Full
Bench of CIC observed that IBA performs important role in decision making
process of banking industry. From the website of IBA, their submissions and
documents, it appears that the managing Committee of the IBA consists of 31
members, of which 16 are from public sector banks (PSBs), three from Cooperative Banks and two are from the
associate state banks. The Chairman of IBA has always been a Chairman of a PSB.
The Chairmen of PSBs are public servants, being appointed by the Government.
PSBs and associated state banks are undoubtedly public authorities under the
Provisions of the RTI Act, the CIC stated.
It said,
"The Chairman, two out of three deputy chairpersons and 14 managing
committee members of IBA are from PSBs. Individually, they are accountable and
answerable to the public. lt shall be a conflict, contrary and defeat on the
object of the RTI Act if these members, that is Chairmen (public servants
appointed by Ministry of Finance) of public authorities are granted immunity
from accountability, under the umbrella of IBA."
"Moreover,
IBA was part of the administrative structure for monitoring Pradhan Mantri Jan
Dhan Yojana (PMJDY) and managed media and publicity for the same under the
authority from the Government. In official document, IBA was shown as a
stakeholder with major role in PMJDY," the CIC said.
It was also
instrumental in determining the monetary limit for change of currency during
demonetisation. Besides this, IBA also attended the quarterly meetings of the
Finance Minister for review of the working of the Banks.
Earlier in
the year 2008, a Single Member Bench of the CIC though opined that the IBA is
responsible to the citizen for giving information under RTI Act but still held
that IBA is not a public authority under RTI Act. This decision has now been
overturned by the Full Bench in a well-reasoned order.
IBA currently
represents 237 banking companies operating in India. IBA was formed for
development, coordination and strengthening of Indian banking, and assist the
member banks in various ways including implementation of new systems and
adoption of standards among the members.
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