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Thread: Indian Bank Association (IBA) asked to clarify if it is a PA

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    Indian Bank Association (IBA) asked to clarify if it is a PA


    On 28 January 2008, the CIC asked IBA to study the matter and establish if IBA is a Public Authority as defined in the RTI Act 2005.

    Full decision of the CIC is attached.


    Attached Files Attached Files

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    Re: Indian Bank Association (IBA) asked to clarify if it is a PA


    The CIC has decided that IBA is not a Public Authority as defined in the RTI Act.

    http://cic.gov.in/CIC-Orders/PB-06082008-10.pdf


    With reference to the decision of this Commission dated 30.1.2008 in relation to the application of the appellant dated 21.3.2007 seeking information from Indian Banks Association, I had reserved the decision as to whether Indian Banks Association is a public authority or not with the direction to IBA to furnish various information, like the nature of the organization, how the same was being funded, the composition of its membership and its mandate for settling disputes and entering into agreement with workers etc. Accordingly, IBA has furnished certain information, like, annual report etc. From the details furnished, I find that IBA is a voluntary association of Banks. Its membership comprises of 150 member banks- public and private sector banks, foreign banks, financial institutions and cooperative banks. Only 28 out of 150 members, are public sector banks.. The entire expenses of IBA are found to be proportionally borne by the members. Even the members of the Management Committee are found to be elected representatives of the Member banks. It is also seen that on the basis of the authority given by the member banks, IBA negotiates with employee organization on behalf of the banks. Thus, I find that the Association is neither substantially funded by the government nor it is under the control of the government. Therefore, I find that IBA does not fall within the definition of a public authority as defined in Section 2(h) of the RTI Act and accordingly I hold that IBA is not a public authority.
    Let a copy of this decision be sent to the appellant and CPIO
    Twitter: @cjkarira

  3. Re: Indian Bank Association (IBA) asked to clarify if it is a PA


    Let a copy of this decision be sent to the appellant and CPIO
    If IBA is not a PA, where is the question of giving a copy of the order to CPIO? Shows the use of copy-paste in decisions.

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    Re: Indian Bank Association (IBA) asked to clarify if it is a PA



    Quote Originally Posted by sandeepbaheti View Post
    If IBA is not a PA, where is the question of giving a copy of the order to CPIO? Shows the use of copy-paste in decisions.
    Or, no one reading even the final order before release !
    Twitter: @cjkarira

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    Re: Indian Bank Association (IBA) asked to clarify if it is a PA


    If IBA is not a Public Authority, why IBA before deciding abouit the wage settlement in the bi-partite agreements on wage negotiation, or any major decisions concerned with Banking industry, refer the matter to Finance Ministry? Are they obliged to finance ministry before signing the agreement, they have to discuss with the Govt.
    The basic question that comes is what is the stake of Public sector banks compared to all the private sector banks put together. Th total business of all the public sector Banks put together is much higher than 50% of the total banking industry in the country. It is only because IBA is formed to have a collective thinking and dialogue with unions, decisions regarding various matters connected to banking sector, all private sector banks also feel that they are also benefited by a common approach through IBA. There is nothing wrong if the private sector banks also contribute to the pool of IBA for administrative purpose. Apart from this all the decisions taken by IBA have a direct impact on the economy and public welfare. Hence I am of the opinion it falls under Public Authority.

  6. Re: Indian Bank Association (IBA) asked to clarify if it is a PA


    To the best of my knowledge and belief, the IBA is Public Authority.
    It should be decided on following points.

    1. How much percentage of funds contribution made available to IBA by
    Public Sector Banks of India ?

    2. All organisations / associations run with the help of Government Fund
    are covered under the purview of RTI Act.

    3. All major public sector banks are controlled by Government of India.

    4. On many occassion the IBA had sought government's approval on
    issues related with the banking industry in India.

    5. Even during and after the wage revision talks IBA seek approval from
    ministry of finance.

    6. More important question is " Whether IBA is registered body under any
    act or not ?

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    Re: Indian Bank Association (IBA) asked to clarify if it is a PA


    Nimesh,

    Why don't you file a RTI application with IBA and then take up the matter in the CIC ?
    Twitter: @cjkarira

  8. #8

    Re: Indian Bank Association (IBA) asked to clarify if it is a PA


    I have sought information from IBA about who is its CPIO and whether they are under RTI act. On receipt of reply which may be in the negative, I will see if the query can be processed further.

    What we need to ascertain is how many of the members of IBA are themselves a PA. If they fund the activities of IBA proportionately, then why they should not be considered as majority stake holders?.

    Naavi of naavi.org

    Quote Originally Posted by karira View Post
    Nimesh,

    Why don't you file a RTI application with IBA and then take up the matter in the CIC ?

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