Shri R K Jain V/S Indian Bank Association (IBA) Ms. lta Bose VIS Indian Bank Association (IBA)
IBA refused to provide the information stating that they are not a Public Authority as defined under section 2(h) of the RTI Act.
IBA performs various activities, which are entrusted to them by the Government or the Reserve bank of India. The functions performed by the IBA have mentioned in para 5 above in the submissions of the IBA, which are the important public functions. In our view, the IBA works as an instrumentality of the State.
The commission noted that “Taking into account that the IBA performs functions as State agency and its majority control vests in Government of India appointed Managing Directors of Public Sector Banks, the IBA qualifies to be a public authority under the RTI Act, 2005. The Commission, therefore, directs the IBA to designate an official of the IBA as the CPIO at the earliest as per provisions of Section 5 of the RTI Act, 2005 and also to comply with Section 4 of the RTI Act, 2005 within four weeks of the receipt of the order of the Commission.”