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2013 (10) TMI 1057 - SUPREME COURTScope of the Definition of Public Authority u/s 2(h) RTI Act - Whether a co-operative society registered under the Kerala Co-operative Societies Act, 1969 will fall within the definition of “public authority” under Section 2(h) of the Right to Information Act, 2005 and be bound by the obligations to provide information sought for by a citizen under the RTI Act – Held that:- The Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act and the State Government letter dated 5.5.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies, Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed in the absence of materials to show that they are owned, controlled or substantially financed by the appropriate Government Co-operative Societies and Article 12 of the Constitution - Whether the Co-operative Societies will fall within the expression “State” within the meaning of Article 12 of the Constitution of India – Held that:- Societies are, of course, subject to the control of the statutory authorities but cannot be said that the State exercises any direct or indirect control over the affairs of the society which is deep and all pervasive - Supervisory or general regulation under the statute over the co-operative societies, which are body corporate does not render activities of the body so regulated as subject to such control of the State so as to bring it within the meaning of the “State” or instrumentality of the State - General regulations under an Act, like the Companies Act or the Cooperative Societies Act, would not render the activities of a company or a society as subject to control of the State - the Co-operative Societies will not fall within the expression “State” or “instrumentalities of the State” within the meaning of Article 12 of the Constitution and hence not subject to all constitutional limitations as enshrined in Part III of the Constitution. Constitutional provisions and Co-operative autonomy - Rights of the citizens to form co-operative societies voluntarily, is now raised to the level of a fundamental right and State shall endeavour to promote their autonomous functioning - Co-operative society is a state subject under Entry 32 List I Seventh Schedule to the Constitution of India - Co-operative society is essentially an association or an association of persons who have come together for a common purpose of economic development or for mutual help. BURDEN TO SHOW - The burden to show that a body is owned, controlled or substantially financed or that a non-government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government - the categories mentioned in Section 2(h) of the Act exhaust themselves, there is no question of adopting a liberal construction to the expression “public authority” to bring in other categories into its fold, which do not satisfy the tests - Court cannot, when language is clear and unambiguous, adopt such a construction which, according to the Court, would only advance the objective of the Act - the opening part of the definition clause which states “unless the context otherwise requires” - No materials have been made available to show that the cooperative societies, with which we are concerned, in the context of the Act, would fall within the definition of Section 2(h) of the Act – Decided in favour of Petitioner.
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