Indian Banks’ Association declared a public authority under RTI

A full bench of the Central Information Commission (CIC) declared the Indian Banks’ Association (IBA) as a public authority under the Right to Information Act, 2006 (RTI Act), directing the IBA to appoint a public information officer.

The commission was hearing two separate RTI applications, one filed by RK Jain and another by Ita Bose. Jain had sought information on the legal status of the IBA, source of funds, contribution received and the composition of its managing committee since its creation. The IBA refused to disclose information claiming that it was not covered under the RTI Act and cited a judgment by a single bench of the CIC passed in 2008 that held IBA was not a public authority.

The complainants sought to have the IBA declared as a public authority as a majority of the IBA’s managing committee members, including its chairman and secretary are public servants. The IBA makes a substantial contribution to the functioning of several public sector banks (PSBs) and its advice is being followed by these banks. The IBA contended that it is neither a statutory body nor has it been incorporated under any law. It pointed out that it is funded by way of a basic annual subscription that is collected from all association members.

The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.