THE
DEBT-RIDDEN farmers of Maharashtra may finally get some respite.
Till recently, they were being denied
information relating to their loan status or financial
deals by District Central Cooperative Banks (DCCB). Now, thanks
to an order passed by the state information commissioner quashing
the banks’ claim of not being ‘public authority’ as de fined under
the Right To Information (RTI) Act, farmers can apply for any
kind of bank information under the RTI.
According to State Information Commissioner
Suresh Joshi, his office had been receiving numerous applications
from farmers asking for information from DCCBs, which the latter
were just not offering, citing banking clauses. Hearing the case
of Babanrao Dhakne against Ahmednagar District Central Cooperative
Bank Ltd (ADCCBL), Joshi declared it a general rule that all DCCBs
were ‘Public Authorities’ under the RTI Act and therefore accountable.
The banks claimed that they were
neither a body of self- government nor financed directly or indirectly
by government funds and thus not a Public Authority.
Instead, DCCBs were covered only
by the Banking Regulation Act, 1949, which restricted the bank
from supplying information and producing documents.
The Ahmednagar Co-op bank also claimed
that there was no specific provision under the Banker’s Books
Evidence Act, 1891 and the Maharashtra Coop Societies Act (MCSA)
for the public to seek information regarding transactions of the
bank.
The commissioner argued that since
district cooperative banks enjoy monopoly under a Supreme Court
order, which allows only one State Co-op Bank in each district
and which gets direct or indirect assistance from the state government,
they would be considered as Public Authorities. “After consultation
with the state government, the legislature and the cooperative
department secretary, I was convinced that cooperative banks fall
under the RTI’s purview. Their function is also discussed in the
legislature, hence they are public authorities. This will apply
to all DCCBs in the state as an umbrella rule,” Joshi added.
This comes as a great relief to farmers
across the state — particularly those in Vidharba — where many
have committed suicide due to debt. “It will be useful for farmers
as almost 70 per cent of all loans in the state to farmers come
from DCCBs. This will help them get details from these banks,
helping them plan and also know the status of their applications,”
claimed Joshi.
BANKS ARGUE According to DCCBs, they
are neither a body of self-government nor financed directly or
indirectly by government funds and are therefore not a Public
Authority Banks say that they are covered only by the Banking
Regulation Act, 1949, which restrict banks from supplying information
and producing documents In the Babanrao Dhakne versus ADCCBL case,
the bank claimed that there was no specific provision under the
Banker’s Books Evidence Act, 1891, or the Maharashtra Coop Societies
Act (MCSA) for the public to seek information on transactions
of the bank
Publication: HT; Section: Metro; Pg:6;
Date: 12/9/06
