Cooperative societies do not fall under ambit of RTI Act, rules Madras High Court

Posted 10 Jun 2024

2 min read

Court ruled that cooperative societies registered under Tamil Nadu Cooperative Societies Act, 1983 aren't 'public authorities' under section 2(h) of the Right to Information (RTI) Act, 2005.

About RTI Act, 2005

Sets out practical regime for citizens to access information under the control of public authorities to promote transparency and accountability.
- Right to Information is implicit in the right to freedom of speech and expression explicitly guaranteed in Article 19 of Indian Constitution. [State of UP vs. Raj Narain Case (1975)]
Key provisions of the Act include time limit for providing information, suo motu disclosure of certain categories of information, appointment of Public Information Officers (PIOs), Central and State Information Commissions, etc.
Section 8 of the Act exempts certain categories of information from disclosure.

Public Authorities under RTI Act, 2005

Public Authority (PA): It includes government bodies, state-controlled entities, and NGOs substantially financed directly or indirectly by central or state governments.
- Supreme Court in 2019 held that Office of the Chief Justice of India is a PA.
Duties of PAs
- Maintain all its records duly catalogued and indexed.
- Must proactively disclose information regularly.
- Designate PIOs who are responsible to give information to a person who seeks information under the RTI Act.

Exemptions under Section 8 of the RTI Act

Information, disclosure of which would prejudicially affect sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, etc.
Information forbidden by courts or constituting contempt of court.
Information breaching Parliament's or State Legislature's privilege.
Commercial confidences, trade secrets, intellectual property, unless larger public interest warrants disclosure.
Personal information unrelated to public interest or invading privacy