Today we received a reply to our RTI application filed with corporate office of Jammu & Kashmir Bank Srinagar on November 24th 2009.The reply reads:

“We have to state that the application is misconceived in as much as J&K Bank Limited does not come within the ambit of Right to Information Act and IT IS NOT A PUBLIC AUTHORITY as defined by Section 2(f)thereof.Since the RTI Act is not applicable to J&K Bank,therefore the bank is not obliged to provide you the information sought.Indian Postal Order N0:46G 971832 for Rs 50/- enclosed with your application is returned here with”.
Sincerely yours

Senior Executive Law
Law Department
Corporate Headquarters
M A Road Srinagar

The J&K Bank’s response is flatly wrong.  The Government has a 53% share in the Bank and so it does come under RTI purview under section 2(f)(iv)(A) on the basis of share ownership alone. Furthermore, the bank was defined as a “government company” via the Companies Act of 1956 (extended to J&K), according to J&K Bank’s own website. (URL: http://www.jkbank.net/history.php) and on the RBI’s Company Master Details record:

The relevant passage from the J&K RTI Act, 2009: Section 2(f):

The definitions of entities covered by RTI are 100% identical in the J&K RTI Act 2009 and the Central RTI Act 2005.  Under the CRTI 2005, it has already been decided and universally accepted that the 26 government-owned and nationalised banks fall under RTI.  Here are some examples of national banks and their respective RTI webpages:

Reserve Bank of India:
http://www.rbi.org.in/scripts/Cn_RightInfoAct.aspx

State Bank of India:
http://www.statebankofindia.com/user.htm

Punjab National Bank:
http://www.pnbindia.com/right-to-info.htm

Canara Bank:
http://www.canarabank.com/English/Scripts/RTIAct.aspx

Vijaya Bank:
http://vijayabank.com/vijaya/vijaya/internet-en/menus/customer-relations/Right-To-Information.html

Bank of Baroda:
http://www.bankofbaroda.com/rightinformationact.asp

Union Bank of India:
http://www.unionbankofindia.co.in/right_to_information.aspx

UCO Bank:
http://www.ucobank.com/notices_right.htm

Central Bank of India:
http://www.centralbankofindia.co.in/site/MainSite.aspx?status=B1&menu_id=40

Union Bank of India:
http://www.unionbankofindia.co.in/right_to_information.aspx

United Bank of India:
http://www.unitedbankofindia.com/right-to-information-act.asp

Corporation Bank:
http://www.corpbank.com/asp/0100text.asp?presentID=378&headID=92

Bank of India:
http://www.bankofindia.com/about.aspx

Allahabad Bank
http://www.allahabadbank.com/right_to_info.asp

Andhra Bank:
http://andhrabank.in/scripts/rushikulyagramyabank.aspx

Bank of Maharashtra:
http://www.bankofmaharashtra.in/rightinfoact.asp

Indian Oversees Bank:
http://www.iob.in/RTI_Act_2005.aspx

Punjab & Sind Bank:
http://www.psbindia.com/rtia05.php

Syndicate Bank:
http://www.syndicatebank.in/scripts/righttoinformationact2005.aspx

Oriental Bank of Commerce:
https://www.obcindia.co.in/obcnew/upload/obc/MainMenuEnglishLevel-2_RTIACT05.pdf

Dena Bank:
http://www.denabank.com/viewsection.jsp?lang=0&id=0,8,270

Indian Bank:
http://www.indianbank.in/rtiact.php

With respect to the issue of the degree of ownership & control of the J&K Government over the J&K Bank, it has already been established by the Madras High Court in the case of Tamil Nadu Road Development Co. Ltd. v. Tamil Nadu Information Commission and Anr. (W.A. No. 811 of 2008 and MP. No. 1 of 2008, decided on 5-8-2008) (see below) and followup rulings by the Chief Information Commission (see below) that majority ownership is not a requirement to fall under RTI.  What is critical is substanial financing and control from the Government. We will soon be filing the 1st appeal under section 16(1) with Finance Secretary J&K Government.

Download (PDF, 162.34KB)

Download (PDF, 166.6KB)

Related Posts from JKRTIM Blog:

1. Re: J&K Bank pretending to be exempt from RTI: commentary of journalist Ahmed Ali Fayyaz (Early Times & TakeOne)
2. J&K Bank must finally implement J&K RTI Act 2009 – JKRTIM – 27 Aug. 2010
3. J&K Bank Chairman Mr. Haseeb Drabu responds on question of Government control of J&K Bank (and thus RTI coverage)
4. J&K Bank tells Pensioners: the Bank “does not come under purview of RTI” – 2 June 2010
5. Open Letter to Chairman, J&K Bank about RTI Implementation – 12 Oct. 2010

This entry was posted on Wednesday, January 13th, 2010 at 11:34 PM and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.