ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

[Ramesh Sehgal]

Dear All,

Under the leadership of Shri Narendra Modi, several reforms are being taken place for upliftment of Indian economy. 

The Finance Minister, Smt Nirmala Sitharaman, has expressed her views for updation of pension for bankers - the issue of updation of pension of bankers is pending for more than two decades - and has advised the IBA to send the recommending note to Department of Financial Services but the IBA is not doing the needful.

The bank pensioners have been backbone of Indian economy in the past for carrying forward successfully the economic agenda of the governments in the past.

As the IBA is not paying heed to the grievances of the bank pensioners and views of the finance minister is not being considered, this IBA is required to be abolised immediately and be replaced by separate Govt Department to look into the due and very long pending demands of the bank pensioners which is not being taken care of by the IBA with the connivance of the leaders of present organisations/unions of existing bank employees and officers.

The IBA is not public authority as it is not coming under the RTI Act, 2005. 

It collects huge amount of money in crores from its member banks as annual subscriptions/donations from the member banks and there is no records of use of this huge public money which can be used for better purposes if the IBA is abolised and replaced by separate Govt Department at Central level. 

This will help to redress the due and genuine grievances/demands of existing and retired bank employees and officers earnestly.

If it is done, it will be an another feather in the cap of able leadership of Shri Narendra Modi who is doing great works for uplift of Indian economy.

Ramesh Kumar Sehgal

91-9990217028

[Dilip Deshpande]

Yes Shri Sehgal Sir, IBA is useless entity. IBA has failed to adopt Proper HR Policy. Since IBA has declared that IBA is not in control of Government, IBA is not implementing Government Policies for proper administration of Banks for Economic Development. It is therefore very much necessary that this useless IBA be abolished immediately in National Interest. I am confident that our beloved Hon'ble Prime Minister Respected Modiji may take this decision, very soon.

[Nagaraju Kakani]

Sairam, It is the need of the hour. We all support. 

Nagaraju Kakani 

Nallagandla Hyderabad 500019

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[Anantharaman Tg]

---------- Forwarded message ---------

Subject: Fwd: ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE
To: <bankpe...@googlegroups.com>

Subject: Re: ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

Already the DFS ( in Finance Ministry) is there and there is

no need for a separate Department; or an additional Officer

can be given charge for this purpose.

As many of us feel, IBA is a white elephant, at least as far as

the pensioners/retirees of Banks!

Now the number of PSBs is less due to mergers and the proposal

for privatisation of two will still reduce it. It is high time that

they consider the role of IBA and opt for changes.

[Debasish Mukherjee]

This voice need to raise from all quarters, from retirees as also from the employees ignoring the Union leaders. UFBU leaders are in hand and gloves with the unscrupulous and unproductive IBA officials who are framing all detrimental policies for the employees/retirees as also for the Banks. While the present IBA chairman seems to be an efficient and a prudent Banker what appeared to me from his views expressed in a recent seminar organized by Bengal National Chamber of Commerce & Industries along with Ex RBI Dy.Governor S.S.Mundra where both the invitees suggested pragmatic measures to turn around the sick PSU Banks simultaneously revival of India's economy and their views was applauded by all quarters including big business houses. IBA officials are totally dictated by the crook UFBU leaders who even do not hesitate to threaten of physical assault and blckmailing the IBA officials and by their such heinous pressure the UFBU get all detrimental policies approved so that the UFBU can exert on their members to serve the leaders goal. Since Chairman of IBA is elected for one year no chairman likes to enter into conflicts with the IBA officials nor with the UFBU. A peculiar situation is persisting in the IBA which cannot be made answerable even to a court of law and the IBA has been turned to a private property for the Banks Union leaders and some corrupt and unproductive employees. Only a Ordinance can demolish IBA and for that the Banks employees and retirees have to raise joint voice for public awarness only when Govt.will that step.

Debasish Mukherjee,

mumb...@rediffmail.com

Sent from RediffmailNG on Android

From: "'Ramesh Sehgal' via bankpensioner" <bankpe...@googlegroups.com>
Sent: Sat, 27 Feb 2021 12:05:47 GMT+0530
To: Google <bankpe...@googlegroups.com>
Subject: bankpensioner ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

Dear All,

Under the leadership of Shri Narendra Modi, several reforms are being taken place for upliftment of Indian economy. 

The Finance Minister, Smt Nirmala Sitharaman, has expressed her views for updation of pension for bankers - the issue of updation of pension of bankers is pending for more than two decades - and has advised the IBA to send the recommending note to Department of Financial Services but the IBA is not doing the needful.

The bank pensioners have been backbone of Indian economy in the past for carrying forward successfully the economic agenda of the governments in the past.

As the IBA is not paying heed to the grievances of the bank pensioners and views of the finance minister is not being considered, this IBA is required to be abolised immediately and be replaced by separate Govt Department to look into the due and very long pending demands of the bank pensioners which is not being taken care of by the IBA with the connivance of the leaders of present organisations/unions of existing bank employees and officers.

The IBA is not public authority as it is not coming under the RTI Act, 2005. 

It collects huge amount of money in crores from its member banks as annual subscriptions/donations from the member banks and there is no records of use of this huge public money which can be used for better purposes if the IBA is abolised and replaced by separate Govt Department at Central level. 

This will help to redress the due and genuine grievances/demands of existing and retired bank employees and officers earnestly.

If it is done, it will be an another feather in the cap of able leadership of Shri Narendra Modi who is doing great works for uplift of Indian economy.

Ramesh Kumar Sehgal

91-9990217028

--
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[vrsivaram...@yahoo.in]

Let the Government take all pension funds and instruct   all banks to collect additional interest of 0.25%on all loans  to pay pension to its retired employees  just like Govt which collects taxes from public .There will not be any burden to the banks and there will not be any pension funds to misuse the funds by banks There is no necessity to calculate  funds requirement for paying pension 

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[Debasish Mukherjee]

Sent from RediffmailNG on Android

From: "Debasish Mukherjee"<mumb...@rediffmail.com>
Sent: Sat, 27 Feb 2021 20:22:48 GMT+0530
To: "Dr.Dhananjaya Bhupathi"<doctordh...@gmail.com>
Subject: Re: ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

Dr. Dhanajaya Bhupathi I request you to provide authentic information that the unscrupulous IBA officials and the corrupt UFBU leaders met on 06.01.2021 and they had reached a mischievous understanding for delaying retirees updation in spite of the Finance minister's advice since I also smelt such a sinister game against the retirees by the combine of UFBU, IBA with the knowledge of AIBRF & CBPRO leaders. I need authentic information so that I may take up directly with P.M./ PMO.

Debasish Mukherjee,

mumb...@rediffmail.com

Sent from RediffmailNG on Android

From: "Dr.Dhananjaya Bhupathi" <doctordh...@gmail.com>
Sent: Sat, 27 Feb 2021 18:21:29 GMT+0530
To: Dilip Deshpande <dilip...@gmail.com>
Subject: Re: ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

Dear Dileep Ji,
Your impractical idea is untimely. As long as UFM/PSBs function with
GOI, IBA is  MUST for Indian politicians  For any query by any MP, it
is IBA that gives a tactful reply. Not the UFM duds of adhocism.
IBA's survival is as good as the survival of UFM/GOI.
Moreover, Pension Fund.said to be worth Rs.2 trillion was, allegedly,
swallowed by the then Govt. & IBA was successful in capturing UFBU
affiliates led by CHV, bribed, & converted them  into dumb-assholes to
sign on dotted lines. AIBEA lost heavily with the demise of  Tarak
Dada.
Only sycophants are ruling AIBEA vis-a-vis UFBU.
Even if the Karma Yogi PM with a revolutionary mindset Shri Narendra
Modi or Mrs.Sitaraman issues instructions, IBA & UFBU joined together
on 06.01.2021 & reached an agreement to postphone the issues,
indefinitely.; by telling cock & bull stories, viz., cost of updation
to be Rs.90000 crore or refer it certain undisclosed actuaries since
2018. AIBRF & AIBEA LED BY CHV ARE 2 SIDES OF SAME COIN & CBPRO IS
SPINELESS.

3. https://lnkd.in/f6eNdcv.
4. ASATYAMEV JAYATHE!!!

On Sat, Feb 27, 2021 at 10:22 AM Dilip Deshpande <dilip...@gmail.com> wrote:
>
> Yes Shri Sehgal Sir, IBA is useless entity. IBA has failed to adopt Proper HR Policy. Since IBA has declared that IBA is not in control of Government, IBA is not implementing Government Policies for proper administration of Banks for Economic Development. It is therefore very much necessary that this useless IBA be abolished immediately in National Interest. I am confident that our beloved Hon'ble Prime Minister Respected Modiji may take this decision, very soon.
>

[Venugopal Cheriyachanaseril]

IBA can be treated as a special purpose vehicle for reaching the subscriptions it raises as kickback to babus

It is kept for putting the entire blame on it which would otherwise go to the  babus

Babus play safe keeping IBA at the point of loot

There is no reasons to believe that matters are beyond the knowledge of PM and FM as they are getting thousands of petitions each day

They still trust IBA and present the stupidities fed by IBA - rather by the babus - in the Parliament

Those who want to support the legal steps may send their contributions to Common Cause Consortium Kerala into its account 3634543208 with Central Bank of India N Paravur CBIN0284752 which want to file one more petition in the name of the widow of a deceased officer in furtherance of  updating of pension, rectification of Joint Note anomalies and family pension at the rate of original pension since the corpus left by the deceased employee does not dwindle with the death of the retired employee  and earns the same income to the Pension Fund of the Bank.   The petition and the claim made on the bank are as shown in the link

SUNI JOHN –WRIT DRAFT

https://drive.google.com/file/d/1Z_2tiIVpCyhk1CJiltDL0Cr1YPsJMT_Q/view?usp=sharing

SUNI JOHN – Request to UNION BANK for Pension Updating and for refund of 56 percent of CPF and 2.8 times pay paid to Pension Fund

https://drive.google.com/file/d/1WfsH6Jb60OZsPcUsEcFH21ZubmKl59yE/view?usp=sharing  

also please see the letter dated 25.01.2021 to the Secretary Banking which is attached

[Debasish Mukherjee]

Sent from RediffmailNG on Android




From: "Debasish Mukherjee"<mumb...@rediffmail.com>

Sent: Sat, 27 Feb 2021 18:08:53 GMT+0530
To: "bankpe...@googlegroups.com"<bankpe...@googlegroups.com>
Subject: Re: bankpensioner ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

This voice need to raise from all quarters, from retirees as also from the employees ignoring the Union leaders. UFBU leaders are in hand and gloves with the unscrupulous and unproductive IBA officials who are framing all detrimental policies for the employees/retirees as also for the Banks. While the present IBA chairman seems to be an efficient and a prudent Banker what appeared to me from his views expressed in a recent seminar organized by Bengal National Chamber of Commerce & Industries along with Ex RBI Dy.Governor S.S.Mundra where both the invitees suggested pragmatic measures to turn around the sick PSU Banks simultaneously revival of India's economy and their views was applauded by all quarters including big business houses. IBA officials are totally dictated by the crook UFBU leaders who even do not hesitate to threaten of physical assault and blckmailing the IBA officials and by their such heinous pressure the UFBU get all detrimental policies approved so that the UFBU can exert on their members to serve the leaders goal. Since Chairman of IBA is elected for one year no chairman likes to enter into conflicts with the IBA officials nor with the UFBU. A peculiar situation is persisting in the IBA which cannot be made answerable even to a court of law and the IBA has been turned to a private property for the Banks Union leaders and some corrupt and unproductive employees. Only a Ordinance can demolish IBA and for that the Banks employees and retirees have to raise joint voice for public awarness only when Govt.will that step.

Debasish Mukherjee,

mumb...@rediffmail.com

Sent from RediffmailNG on Android

From: "'Ramesh Sehgal' via bankpensioner" <bankpe...@googlegroups.com>
Sent: Sat, 27 Feb 2021 12:05:47 GMT+0530
To: Google <bankpe...@googlegroups.com>

Subject: bankpensioner ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

Dear All,

Under the leadership of Shri Narendra Modi, several reforms are being taken place for upliftment of Indian economy. 

The Finance Minister, Smt Nirmala Sitharaman, has expressed her views for updation of pension for bankers - the issue of updation of pension of bankers is pending for more than two decades - and has advised the IBA to send the recommending note to Department of Financial Services but the IBA is not doing the needful.

The bank pensioners have been backbone of Indian economy in the past for carrying forward successfully the economic agenda of the governments in the past.

As the IBA is not paying heed to the grievances of the bank pensioners and views of the finance minister is not being considered, this IBA is required to be abolised immediately and be replaced by separate Govt Department to look into the due and very long pending demands of the bank pensioners which is not being taken care of by the IBA with the connivance of the leaders of present organisations/unions of existing bank employees and officers.

The IBA is not public authority as it is not coming under the RTI Act, 2005. 

It collects huge amount of money in crores from its member banks as annual subscriptions/donations from the member banks and there is no records of use of this huge public money which can be used for better purposes if the IBA is abolised and replaced by separate Govt Department at Central level. 

This will help to redress the due and genuine grievances/demands of existing and retired bank employees and officers earnestly.

If it is done, it will be an another feather in the cap of able leadership of Shri Narendra Modi who is doing great works for uplift of Indian economy.

Ramesh Kumar Sehgal

91-9990217028

--
Visit our blog site http:://bankpensioner.blogspot.com
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[JSOMA SHEKARA]

It is wonder that UFBU and retiree associations who are taking streets to protest against privatization have totally surrendered to IBA a private institution.

Retiree association leaders must note that persuading MPs to meet FM and submit recommendation letters and writing letters to Finance secretaries will only serve purpose of making govt take notice of our long standing demand of pension updation.

FM speech on Nov 10th has amply proved that govt is seized of the matter.

Final decision of government depends on IBA projecting cost data of updation in fair and honest manner. Any manipulation and undue escalation of cost will result in wrong decision by DFS and adversely affect fate of pensioners.

It is surprising even knowing past history of IBA neither UFBU nor retiree association leaders are making any attempts to independently collecting cost data from Banks through RTI or by exercising their rights as recognized unions and entirely depending on IBA a private club.

This proves their fate against privatization is fake and show off.

It seems retiree associations are only awaiting some scheme from IBA  to immediately take credit  for same, immaterial of whether such scheme is a dud one or applied only a group of pensioners.

So pensioners are trying hard to obtain information through RTI.

As such efforts of pensioners like Sri.Kalyana Sundaram should be recognized, appreciated and supported.

--
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[JSOMA SHEKARA]

IBA may take shelter under "not coming under RTI" excuse to hide information.

But IBA has been submitting documents to govt like proposals for recommendation of FP enhancement and other documents and directions to nationalized banks.

I had sought the opinion of experts whether these documents can be obtained  from govt/ banks through RTI.

A photocopy of expert opinion is attached.

Any member can obtain these documents from DFS.

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[Debasish Mukherjee]

Right, information through RTI is the only source to know quantum of fund required for updation but to my knowledge concerned authorities do not divulge the informations sought under RTI i.e. information of quantum of fund required for updation and Information commission has nothing to do when the concerned authorities refuse to divulge the information sought under RTI. Even no Bank nor IBA neither even DFS will provide this information. Whatever information is furnished under RTI is partial and may not serve the seeker's purpose. Till now correct and full information could not be available under RTI on development of updation nor quantum of fund required for updation though some of the retirees applied unter RTI for these information. Similarly the retirees are in the dark about diversion and misappropriation of pension corpus as some media published about swallowing of pension corpus by the Banks. Though the IBA chairman's purported statement that pension corpus is not fetching sufficient return due to reducing interest on its investments to the delegates of AIBRF's U.P. unit. Even if the AIBRF's U.P. unit delegation indeed could meet the IBA chairman it is doubtful he divulged correct information and only made a hazy statement that was prepared by the IBA officials about insufficient return from investment of pension corpus. To get all the correct information we have to approach the Finance minister & ministry officials as also the members of Parliament and appraise them of retirees distress. Neither the UFBU leaders nor their puppet leaders of retiree Associations AIBRF & CBPRO and non productive IBA officials could not expect that the retirees have come to know their heinous understanding to dupe the retirees that compelled the retirees to approach to the F.M. and members of Parliament for resolving the retirees long pending updation that finally reached to Finance minister's initiative advising the Chairmen of SBI & IBA to take necessary initiative so that retirees updation is possible. But in spite of the SBI & IBA Chairmen's efforts combine of IBA officials, leaders of UFBU & puppet retiree Assiciations are out to meddle the chairmen's initiative for updation. To counter the combine's heinous activities of thwarting updation the retirees have to approach to F.M. and Parliament members again if needed. 

Retirees have to mobilize and convince the employees & officers against policies detrimental to the interest of the employees & retirees framed by the combine of IBA officials & UFBU leaders and expose this combine so that a vigorous campaign for demolition of IBA gets stronger and the Govt. takes Ordinance route to demolish the unproductive IBA and a separate body can be registered under Registration of Association Act to come under RTI.

Debasish Mukherjee,

mumb...@rediffmail.com

Sent from RediffmailNG on Android

From: JSOMA SHEKARA <jsomase...@gmail.com>
Sent: Sun, 28 Feb 2021 12:27:46 GMT+0530
To: bankpe...@googlegroups.com
Subject: Re: bankpensioner ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

It is wonder that UFBU and retiree associations who are taking streets to protest against privatization have totally surrendered to IBA a private institution.

Retiree association leaders must note that persuading MPs to meet FM and submit recommendation letters and writing letters to Finance secretaries will only serve purpose of making govt take notice of our long standing demand of pension updation.

FM speech on Nov 10th has amply proved that govt is seized of the matter.

Final decision of government depends on IBA projecting cost data of updation in fair and honest manner. Any manipulation and undue escalation of cost will result in wrong decision by DFS and adversely affect fate of pensioners.

It is surprising even knowing past history of IBA neither UFBU nor retiree association leaders are making any attempts to independently collecting cost data from Banks through RTI or by exercising their rights as recognized unions and entirely depending on IBA a private club.

This proves their fate against privatization is fake and show off.

It seems retiree associations are only awaiting some scheme from IBA  to immediately take credit  for same, immaterial of whether such scheme is a dud one or applied only a group of pensioners.

So pensioners are trying hard to obtain information through RTI.

As such efforts of pensioners like Sri.Kalyana Sundaram should be recognized, appreciated and supported.

On Sat, Feb 27, 2021 at 12:05 PM 'Ramesh Sehgal' via bankpensioner <bankpe...@googlegroups.com> wrote:

Dear All,

Under the leadership of Shri Narendra Modi, several reforms are being taken place for upliftment of Indian economy. 

The Finance Minister, Smt Nirmala Sitharaman, has expressed her views for updation of pension for bankers - the issue of updation of pension of bankers is pending for more than two decades - and has advised the IBA to send the recommending note to Department of Financial Services but the IBA is not doing the needful.

The bank pensioners have been backbone of Indian economy in the past for carrying forward successfully the economic agenda of the governments in the past.

As the IBA is not paying heed to the grievances of the bank pensioners and views of the finance minister is not being considered, this IBA is required to be abolised immediately and be replaced by separate Govt Department to look into the due and very long pending demands of the bank pensioners which is not being taken care of by the IBA with the connivance of the leaders of present organisations/unions of existing bank employees and officers.

The IBA is not public authority as it is not coming under the RTI Act, 2005. 

It collects huge amount of money in crores from its member banks as annual subscriptions/donations from the member banks and there is no records of use of this huge public money which can be used for better purposes if the IBA is abolised and replaced by separate Govt Department at Central level. 

This will help to redress the due and genuine grievances/demands of existing and retired bank employees and officers earnestly.

If it is done, it will be an another feather in the cap of able leadership of Shri Narendra Modi who is doing great works for uplift of Indian economy.

Ramesh Kumar Sehgal

91-9990217028

--
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[Kalyanasundaram Subramaniam]

As per applications moved under RTI, it is understood that banks have not authorised IBA to discuss pension updation.

Government has not passed on any instruction to IBA on pension updation.

As we know that IBA has also not forwarded any proposal for pension updation. They have only submitted for FP revision.

So what can we get from government under RTI? Nothing more. 

Our  only hope is that FM has expressed her willingness for pension updation. It is reported that she has confirmed it again on 28th February to a delegation. 

I hope that some updation of pension will come and we have to wait and see what actually comes. But there are procedural formalities for that like expenditure estimation, recommendation by IBA etc. 

S Kalyanasundaram 

[Debasish Mukherjee]

Sent from RediffmailNG on Android




From: "Debasish Mukherjee"<mumb...@rediffmail.com>

Sent: Sun, 28 Feb 2021 20:20:03 GMT+0530
To: "bankpe...@googlegroups.com"<bankpe...@googlegroups.com>

Subject: Re: bankpensioner ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

Right, information through RTI is the only source to know quantum of fund required for updation but to my knowledge concerned authorities do not divulge the informations sought under RTI i.e. information of quantum of fund required for updation and Information commission has nothing to do when the concerned authorities refuse to divulge the information sought under RTI. Even no Bank nor IBA neither even DFS will provide this information. Whatever information is furnished under RTI is partial and may not serve the seeker's purpose. Till now correct and full information could not be available under RTI on development of updation nor quantum of fund required for updation though some of the retirees applied unter RTI for these information. Similarly the retirees are in the dark about diversion and misappropriation of pension corpus as some media published about swallowing of pension corpus by the Banks. Though the IBA chairman's purported statement that pension corpus is not fetching sufficient return due to reducing interest on its investments to the delegates of AIBRF's U.P. unit. Even if the AIBRF's U.P. unit delegation indeed could meet the IBA chairman it is doubtful he divulged correct information and only made a hazy statement that was prepared by the IBA officials about insufficient return from investment of pension corpus. To get all the correct information we have to approach the Finance minister & ministry officials as also the members of Parliament and appraise them of retirees distress. Neither the UFBU leaders nor their puppet leaders of retiree Associations AIBRF & CBPRO and non productive IBA officials could not expect that the retirees have come to know their heinous understanding to dupe the retirees that compelled the retirees to approach to the F.M. and members of Parliament for resolving the retirees long pending updation that finally reached to Finance minister's initiative advising the Chairmen of SBI & IBA to take necessary initiative so that retirees updation is possible. But in spite of the SBI & IBA Chairmen's efforts combine of IBA officials, leaders of UFBU & puppet retiree Assiciations are out to meddle the chairmen's initiative for updation. To counter the combine's heinous activities of thwarting updation the retirees have to approach to F.M. and Parliament members again if needed. 

Retirees have to mobilize and convince the employees & officers against policies detrimental to the interest of the employees & retirees framed by the combine of IBA officials & UFBU leaders and expose this combine so that a vigorous campaign for demolition of IBA gets stronger and the Govt. takes Ordinance route to demolish the unproductive IBA and a separate body can be registered under Registration of Association Act to come under RTI.

Debasish Mukherjee,

mumb...@rediffmail.com

Sent from RediffmailNG on Android

From: JSOMA SHEKARA <jsomase...@gmail.com>
Sent: Sun, 28 Feb 2021 12:27:46 GMT+0530
To: bankpe...@googlegroups.com
Subject: Re: bankpensioner ABOLITION OF INDIAN BANKS' ASSOCIATION AND CREATION OF CENRAL GOVT DEPARTMENT IN ITS PLACE

It is wonder that UFBU and retiree associations who are taking streets to protest against privatization have totally surrendered to IBA a private institution.

Retiree association leaders must note that persuading MPs to meet FM and submit recommendation letters and writing letters to Finance secretaries will only serve purpose of making govt take notice of our long standing demand of pension updation.

FM speech on Nov 10th has amply proved that govt is seized of the matter.

Final decision of government depends on IBA projecting cost data of updation in fair and honest manner. Any manipulation and undue escalation of cost will result in wrong decision by DFS and adversely affect fate of pensioners.

It is surprising even knowing past history of IBA neither UFBU nor retiree association leaders are making any attempts to independently collecting cost data from Banks through RTI or by exercising their rights as recognized unions and entirely depending on IBA a private club.

This proves their fate against privatization is fake and show off.

It seems retiree associations are only awaiting some scheme from IBA  to immediately take credit  for same, immaterial of whether such scheme is a dud one or applied only a group of pensioners.

So pensioners are trying hard to obtain information through RTI.

As such efforts of pensioners like Sri.Kalyana Sundaram should be recognized, appreciated and supported.

On Sat, Feb 27, 2021 at 12:05 PM 'Ramesh Sehgal' via bankpensioner <bankpe...@googlegroups.com> wrote:

Dear All,

Under the leadership of Shri Narendra Modi, several reforms are being taken place for upliftment of Indian economy. 

The Finance Minister, Smt Nirmala Sitharaman, has expressed her views for updation of pension for bankers - the issue of updation of pension of bankers is pending for more than two decades - and has advised the IBA to send the recommending note to Department of Financial Services but the IBA is not doing the needful.

The bank pensioners have been backbone of Indian economy in the past for carrying forward successfully the economic agenda of the governments in the past.

As the IBA is not paying heed to the grievances of the bank pensioners and views of the finance minister is not being considered, this IBA is required to be abolised immediately and be replaced by separate Govt Department to look into the due and very long pending demands of the bank pensioners which is not being taken care of by the IBA with the connivance of the leaders of present organisations/unions of existing bank employees and officers.

The IBA is not public authority as it is not coming under the RTI Act, 2005. 

It collects huge amount of money in crores from its member banks as annual subscriptions/donations from the member banks and there is no records of use of this huge public money which can be used for better purposes if the IBA is abolised and replaced by separate Govt Department at Central level. 

This will help to redress the due and genuine grievances/demands of existing and retired bank employees and officers earnestly.

If it is done, it will be an another feather in the cap of able leadership of Shri Narendra Modi who is doing great works for uplift of Indian economy.

Ramesh Kumar Sehgal

91-9990217028

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[KUNAL SINGH KHARAYAT]

No pension updation

 

Sent from Mail for Windows 10

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[Kunal Kharayat]

No

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[Kunal Kharayat]

No

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[Shrinivas Parkar]

Mr. Kunal Sing, you are continuously writing in this Blog that Pension Updation  is Not Possible. "Muddai Lakh Bura Chahe To Kya Hota Hai, Wohi Hota Hai Jo Manjure Khuda Hota Hai".

Whether a Cock shouts or not, Sun is going to rise at proper time in the Morning. If it gives you pleasure, you may continue to shout.

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[Harish Midha]

Mr Kunal,

                   I totally agree with Mr Mr Shrinivas on the  above matter. There is no need for you to give your decision by writing negative remarks fully well that all retirees and pensioners are making all out efforts to succeed in getting their legitimate right of Pension revision/ up dation.

In case you are a pensioner  yourself, which I am sure you are, then whether you will refuse to accept revision or not.

Suggest , please desist from giving such comments henceforth which would further demorarize our honorable members.

Hope you would appreciate the sentiments expressed .

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[sastry n s]

Instead of blaming him, let us call for his justification, if any, for his comment. This will enable us to be cautious in those matters.

It is time we  ensure that all our issues including that of pre-2002 retirees are properly represented to FM without giving leeway to IBA or to the selfish leaders who are always on the prowl to deceive us, wherever possible.

[Sridhar Mandyam]

I look forward for a day when some top officials look this blog and abolish IBA and replace with 

another Department. But will the other department listen to our demands? It may be from frying pan to fire.

A known devil is better than an unknown angel

Sridhar

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[saradindu basu]

I understand Kunal Singh is expressing his mind and he has right to do so. When I heard about the threat issued to IBA Chairman saying enquiry by CBI/ED and mass campaign may be initiated against him if he does not rectify himself , it appeared a genuine cock shouting to me. Our Respected FM knows that IBA at represents  247 Banking companies operating in our country and is managed by a Managing Committee consisting of foreign, co-operative, nationalised and private sector Banks.

---

From: bankpe...@googlegroups.com <bankpe...@googlegroups.com> on behalf of sastry n s <sast...@gmail.com>
Sent: Wednesday, March 3, 2021 9:15 AM
To: bankpensioner <bankpe...@googlegroups.com>

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[JSOMA SHEKARA]

Mr.Kalyana Sundaram

You are right. But in RBI, board recommended pension revision of its pensioners to Govt. Then DFS considered it and approved pension revision and also gave approval for suitable amendment of pension rules.

But in Banking Industry decision is not taken by respective boards but by IBA. IBA  takes decision and all bank boards adopt it. Finally it depends on iBA projecting cost of updation in fair and honest manner.

In RBI process was transparent as it was known that RBI management has sent proposal to govt and it was pending with govt. It was iBA which blocked early decision by previous govt by suggesting that if pension revision is approved in RB I similar demand will come from Bank pensioners. However due to continuous struggle from RBI employees and pensioners  present govt relented and accorded approval for pension revision.

So why not IBA just recommend pension revision and leave decision of formula and date of effect to govt? DFS did not discriminate any group of retirees and provided a reasonable  and common formula for all pensioners of RBI.

We cannot expect such fair decision by IBA

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[Debasish Mukherjee]

I do not agree with the view of Mr.J Somashekara that IBA should recommend for PSU Banks pension updation. It is the Banks Boards first to recommend for updation with cost data of individual Banks might be IBA to collect all the Bank Boards recommendations and forward to Finance ministry for final approval. IBA has no power to recommend retirees updation it has only to act as per decision of its member Banks.

In RBI its Board first recommended for updation and after first rejection by the MOF the Board second time recommended citing justified reason that merely allowing updation for RBI pensioners will raise similar demand by the PSU Banks retirees cannot be the reason to reject the RBI pensioners updation and neither same reason is raised while updation is allowed for the Govt.pensioners. 

Debasish Mukherjee,

mumb...@rediffmail.com

Sent from RediffmailNG on Android

From: JSOMA SHEKARA <jsomase...@gmail.com>
Sent: Thu, 4 Mar 2021 09:53:22 GMT+0530
To: bankpe...@googlegroups.com

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[Satyanarayana Rao]

The learned members are thinking that the IBA and UFBU combine can only give pension updation. Now the finance minister has openly expressed that pension updation and taking care of senior citizens is the need of the banks .

Now Iba UFBU will become irrelevant and the finance minister can ignore the iba and UFBU and finalize the pension updation through government guidelines and bring confidence to retirees and go ahead with pension updation as the finance minister expressed to maintain credibility of the government as per finance minister addresses to the general body meeting of iba.

As the family pension updation is pending with Government for approval there is hope for simultaneous implementation of updation for both. 

Sent from Yahoo Mail on Android

On Fri, 5 Mar 2021 at 9:44, 'Debasish Mukherjee' via bankpensioner

<bankpe...@googlegroups.com> wrote:

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[JSOMA SHEKARA]

Mr,Debashish Mukherjee

You are right legally speaking boards have authority to take decision in retirees issues and recommend the same to the Government, DFS also in reply to an RTI query informed that PSU banks have autonomy in HR matters.

But practice prevailing in the Banking industry is different.

In reply to an RTI query Indian Bank replied that IBA is only an advisory body.

There are several legal and administrative points which we are unable to understand.

Pension fund and Profit position of Individual banks varies. There are many banks which are in a good position to afford pensioners' updation. There are few banks which may not be in position to do

So we agree that such decision whether updation is affordable or not is to be taken by individual bank boards. IBA is no position to say updation is not affordable on behalf of all banks.

It is clear bank boards have left decision taking to IBA and blindly adopt and implement IBA directions though they claim IBA is an advisory body.

IBA has directed banks that SVRS retirees are not eligible for 5 years' benefit.

CRS retirees are not eligible for second pension option.

Banks should have treated this directions of IBA as advice and referred it to its legal department for approval.

Instead all banks blindly adopted it and paid heavy penalties by way of interest and huge legal charges.

While IBA was rewarded with several crores of Rupees by Banks  by way of fees for these blunders, Banks lost public money for blindly accepting IBA directions.

If banks had lost a few hundred rupees because of a mistake of an employee he would have been dismissed.

But though several crores of rupees was lost by Banks by way of interest and huge legal expenses no notice was issued to IBA by banks explaining the wrong decision and no compensation sought.

They cannot do so. If bank MDs want to issue legal notice to the managing committee of IBA they have to issue notices to themselves as they have only taken wrong decisions as members of the managing committee.

In Banking Industry IBA take all decisions and give directions to banks and all  Bank boards adopting it blindly.

Please go through the message by AIBRF unit of Lucknow after meeting IBA chairman:

IBA chairman no where said banks have recommended but proudly admits that he has recommended Family pension enhancement.

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[Debasish Mukherjee]

Mr.Somashekara, that is my point also that IBA will not disclose any information under RTI nor even to summons from the courts and a peculiar situation has been created as if IBA is a private entity. When entire establishment and expenses of the IBA are met out of contributions amounting to hundreds of crores of rupees by the member Banks i.e. from the Govt's fund the Finance ministry should be urged to direct the IBA either to disclose informations, publish Balance sheets or the F.M. should be urged to demolish IBA.

Debasish Mukherjee.

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[Debasish Mukherjee]

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[Parvatam Veera Bhadra Swamy]

Yes, this is true and correct. Banks are providing funds to IBA and this is government money and iba has to disclose the balance sheet showing the receipts and payments made by them every year.

Finance ministry can ask for the details and they have authority to question the fees they are charging for bipartite settlement. 

Pvbswamy 

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[JSOMA SHEKARA]

Mr.Denashish Mukherjee

You're expecting that DFS should intervene and instruct IBA to disclose information sought by pensioners.

Unfortunately that may not happen

Recently I had requested DFS for a copy of a certain document submitted by IBA to DFS under RTI Act.

DFS has replied that information sought is third party information and they have taken up the matter with IBA and will revert after getting concurrence from IBA.

It is collective suppression of information.

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[sastry n s]

Dear friends : 

Is it possible at this stage to get such directions from FM ?  Every Body is treating us as orphans and as if we are not the 'choosers'. We have no option than to have some more patience. In case of any hasty steps by us, the concerned Authorities will get handle to frustrate the matter in entirety. 

[Anantharaman Tg]

The Banks, IBA, DFS nexus is now known to us.

That again make us worry over the issues of

pension updation , family pension etc.

Will the FM able to break this and prevail  her

intention to help the pensioners? 

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[JSOMA SHEKARA]

Recently IBA chairman is reported to have cried before an AIBRF delegation recalling pathetic condition of  pre-2002 retirees.

SC has passed verdict in Feb 2018 regarding 1616-1684 issue and 5 years issue of SBM retirees.

Is IBA chairman not aware that even after 2 years Banks have not implemented SC verdict properly and a genuine retiree assn has filed number of contempt petitions against this and  against wrongful recovery of commutation arrears.

Instead of giving comprehensive and proper guidelines to Banks to implement SC verdict, IBA intentionally left it to banks and took stand that if any bank seeks clarification it will be provided.

If IBA chairman concern is genuine and not crocodile tears he should immediately issue directions to banks to implement SC verdict properly so that assns are relieved of ordeal of filing contempt petitions to secure benefit of SC verdict.

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[Debasish Mukherjee]

It seems even this Chairman of IBA has been misled and purchased by the combine of unscrupulous IBA officials & UFBU leaders. It is understood reason of the F.M. not to take pro active stand for retirees updation for obvious reason of disclosure of Ex Finance minister's involvement in embazzlement of pension corpus but why the UFBU leaders remain silent on updation if these leaders not accepted large amount of gratification for allowing embazzlement of pension corpus?

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[Debasish Mukherjee]

When you wanted information about IBA from the Finance ministry it is certainly third party information to the Finance ministry, that's the way portal has been devised. Not only the Finance ministry same way portal has been devised by others also as per my experience. I had asked information about Standard Chartered Bank under RTI from Ombudsman, RBI who also replied similar way categorising third party information and replied me to be intimated as and when received from SCB.

Debasish Mukherjee,

mumb...@rediffmail.com

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[JSOMA SHEKARA]

It is ridiculous. Can the Finance Minister approve enhancement of Family pension basing on recommendation of a third party instead of direct recommendation of Banks themselves?

Any organization/individual can submit any document/information to govt. Once it is received by the government it becomes a public record. Documents submitted by IBA to Govt does not fall under exempted category.

Following is a relevant clause in RTI provided to me by sri.Kalyana Sundaram active pensioner.

Section 2(f) in The Right To Information Act, 2005

(f) “information” means any material in any form, including records, documents, memos, e‑mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

On 18th Dec 2020, DFS has directed IBA to submit revised proposal reg family Pension enhancement which clearly indicates that Govt as public authority has right to access such information from private body IBA.

Any information so accessed by Govt becomes public authority and can be shared by govt under RTI Act.

Even RTI experts have also given the same opinion.

 

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[Ramarao Velagapudi]

11-03-2021

Hyderabad

Sir,

Please peruse the following case law. IBA IS a public authority.

Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission)

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.

 Full Text of the CIC Order

In response to the RTI applications filed by the above named complainants, the IBA refused to provide the information stating that they are not a Public Authority as defined under section 2(h) of the RTI Act. Aggrieved with the reply of the IBA, both the complainants filed complaints under section 18 of the RTI Act to the Central Information Commission (CIC) praying that an enquiry be conducted in the matter and the IBA should be declared as public authority. Therefore, the only question before the Commission is whether the IBA is a Public Authority under the provisions of section 2 (h) of the RTI Act, 2005.

2. I have gone through the decision dated 20.10.2017 of the Information Commissioner, Shri M. Sridhar Acharyulu, declaring IBA as public authority under section 2(h) of the RTI Act, 2005 on the two grounds which are direct/indirect financing and the substantial control by the appropriate Government. I entirely agree that IBA is a public authority under section 2(h) of the RTI Act, 2005. However, I do not agree to the extent that IBA is directly or indirectly financed by the appropriate Government. Further, I do not subscribe to the issue of show cause notice to the deemed CPIO as mentioned in para 67 of the order because the status of IBA is public authority is being decided now only. Therefore, show cause notice to the deemed CPIO is of no relevance.

3. Therefore, I proceed to record my decision as follows:

Submissions of Sh R K Jain, Complainant

4. The Managing Committee of the IBA comprises of 29 member banks of which around 18 banks are public sector banks.Thus the IBA is a body which is controlled by the appropriate Government and thereby fall under the definition of public authority as given in section 2(h) (i) of the RTI Act. Further, the IBA acts as an “advisory body” or “think tank“ for banks. It tenders its advice on several important matters, such as, award of punishment to the employees of banks, implementation of provisions of statues e.g. RTI Act, Human Resources of the banks etc. It shows that it performs ‘public function’, thereby satisfying the requirement to be declared as public authority under the RTI Act. He further submitted that the IBA is an ‘Agency’ or ‘instrumentality’ of the State (Public Sector Banks in the present case). The IBA also negotiates wage settlements on behalf of its member banks – majority of which are the public sector banks who mandate it to do so, with the Bank Unions / Associations under Industrial Disputes Act, 1947. Besides, being an agency and instrumentality of the State and under the control of the appropriate Government, the IBA is also substantially financed by the appropriate Government. All the expenses of the IBA, which is a non- profit making Association of Banks, are shared by the member banks, majority of which are public sector banks. It receives an annual subscription of nearly 4 crores from more than 100 Indian and foreign banks. Besides this, the IBA collects other funds from its members. As per the information displayed on the official website of the IBA, it has 189 members. Thus, the IBA also meets the criteria of substantial financing by appropriate Government and thereby falls under the definition of public authority as defined in section 2(h) of The RTI ACT.

5. The complainant, Shri R.K.Jain, during the hearing had produced certain documentary evidences in support of his contention that the IBA is a pubic authority and stated that the IBA performed various activities indirectly as per instructions of the Reserve Bank of India (RBI) and Department of Financial Services (DFS). He produced a letter No.4/3/2012-SCT(B)/Welfare dated 30.12.2013 from DFS addressed to the Chairman, IBA to issue necessary guidelines to the public sector banks regarding pay fixation of ex-servicemen/Ex -ECOs/SSCOs in a uniform way to avoid disparity in pay fixation across public sector banks. He stated that the RBI entrusted the IBA with the following tasks: (i) drafting a Master Joint Lenders’ Forum (JLF) agreement between all lenders in respect of Special Mention Accounts (SMA) with an aggregate exposure (AE) exceeding Rs. 100 crores; (ii) constituting an Independent Evaluation Committee (IEC) to carry out evaluation of Techno-Economic Viability study and the proposed restructured packages for AE exceeding Rs. 500 crores; and (iii) put a database on the IBA’s website in respect of delinquent third party service providers such as Advocates, Chartered Accountants and Valuers reported by the lender banks. The IBA took a decision to implement the task assigned by the RBI. So the IBA has to work in consultation with Ministry of Finance and RBI for achieving common objectives. He further stated that the IBA is a major stake holder and part of the administrative structure for monitoring Mission Document of Pradhan Mantri Jan Dhan Yojana (PMJDY). Under the PMJDY, the Government had assigned the job to the IBA to have a monitoring committee to review the progress on weekly basis. The information for monitoring was to be extracted from the DFS portal and adequate publicity needed to be carried out in structured manner based on different tiers at Central level, State level and Districts/Local level structure. The mechanism for public was to be devised by the IBA and NABARD in coordination with banks and other stake holders. A common fund had to be contributed by the banks for publicity in States. State level Bankers Committees would coordinate based on broad guidelines of the IBA/NABARD. Under the heading of roles of major stakeholders of the scheme the IBA was assigned the role of coordination in financial inclusion efforts with all banks, key monitoring role in financial literacy campaign; coordination in publicity and campaign, coordination in centralized handling of customers’ grievances/issues through toll free numbers in coordination with banks; a dedicated desk to be set up for monitoring of implementation of the scheme. The Finance Ministry had directed LIC to immediately operationalize the benefit of live cover under PMJDY and the LIC had been asked to expeditiously enter into a memorandum of understanding with the IBA. He further stated that the Department of Financial Services vide letter No. 7/07/2016-P&C dated 22.01.2016 addressed a letter to the Chairman, IBA along with heads of public sector banks issuing guidelines regarding the study visit of the Select Committee of Rajya Sabha on Prevention of Corruption (Amendment) Bill, 2013 to Mumbai and Kolkata from 12th to 18th February, 2016. He added that the IBA functions on the principle of ‘mutuality’ where ‘members’ of the ‘association’ are one and the same.

Submissions of Ms Ita Bose, Complainant

6. As on 01.06.201 5, the Managing Committee of the IBA consisted of 31 members out of which 19 members are Chairman cum Managing Directors of public sector banks or public authorities under RTI Act. Thus 61.29 % of members of managing committee are public servants or belong to public authorities . Therefore,the IBA is a body which is being managed and controlled by public servants of Govt, of India, since Chairman and Managing Directors ( CMDs) are employees of Central Govt.

6.1 The Reserve Bank of India has been quoted in Economic Times of 15.06.2015 stating that Public Sector Banks had 73.2 % and 73.9% market share in loans and deposits respectively as of 31.03.2014. Since all 27 public sector banks contribute to funds of the IBA based on working fund of individual bank as at the end of previous financial year, the total inflow of funds to the IBA from public sector banks (PSBs)/ public authorities (PAs) would be substantial when compared to total inflow of funds from all the bank-members (which include public sector, private sector, foreign and cooperative banks). Thus, major share of operational and capital expenses of the IBA are provided by PSBs/PAs. The IBA recovers annual subscription, expenses for bipartite wage revisions, consultation and advice, legal charges and contribution for acquiring immovable properties, like office etc. from member banks based on working fund of each bank. Since PSBs/ PAs control 73% of working funds of all banks, hence inflow of funds to the IBA from PSBs/PAs would be near about 70 % of total inflow. Thus, the IBA is substantially funded by PSBs/PAs.

6.2 The IBA is a society or voluntary organization and it provides expertise to member banks in host of matters relating to service conditions of employees, periodical wage revision, formulation of policies for banks, execution of govt, directives/ schemes/ policies, legal issues of member banks, customer service defending banks in courts by being party to litigation, technology for banks, recovery of loans, approval of transport companies, security printers, couriers for banks including PSB etc. Thus, the IBA has substantial contribution in functioning of public sector banks. The advice of the IBA is followed by public sector banks in toto by getting formal approval of Board of Directors and/ or Central Govt. The IBA provides expertise to Government of India in the matter of banking industry and execution of govt, policies and schemes. The IBA is associated with Pradhan Mantri Jandhan Yojana (PMJDY) and other social schemes. The IBA plays a public role in the matter of banking industry of the country and its working, advice, decisions affect large number of employees of banks and customers of banks including trade, industry, common citizens, marginalized segment of society, etc. Hence, there is need for transparency in its working in view of legislative intent and preamble of RTI Act.

Submissions of the IBA – Respondent

7. The IBA is an unregistered, voluntary association of banks or of like minded people.The IBA is not a statutory body nor has it been incorporated under any law. The IBA was formed on 26th September 1946 by 22 banks coming together to discuss issues of common interest.It may be noted that all these banks were private banks at that time. Over the years, the membership grew. It was just a turn of events that some of these banks were nationalized in the year 1970. However, the working of the IBA has continued in the same manner over the years. Currently, the IBA has Public Sector Banks, Private Sector Banks, Foreign Banks, Urban Co-operative Banks, Asset Reconstruction Companies, Credit Rating Companies, Credit Guarantee Funds, Financial Services Companies, Credit Bureaus and others as Members. As on 30th September 2016, the membership of the IBA stood at 239 of which 137 were Ordinary Members and 102 Associate Members. Of the 137 Ordinary Members, only 27 i.e. less than 20% are Public Sector Banks. Of the total 239 banks, public sector members are 27 PSB and 38 RRBs which is just 27% of total membership. The key Officers of the IBA such as Chairman, Deputy Chairman and Honorary Secretary of the IBA are elected by the Members of the Managing Committee and rules of the Association do not specify that only Public Sector Bank Chairman can become Chairman /Deputy Chairman/ Honorary Secretary. Further, funding of the IBA is by way of Basic Annual Subscription collected from all members of the Association in terms of their working fund and is not sectoral specific i.e. private or public . Further, the IBA’s vision is “To work proactively for the growth of a healthy, professional and forward looking banking and financial services industry, in a manner consistent with Public Good”. However, working for public good alone does not make an institution a Public Agency. The IBA is a premier service organization representing all banks in India. Therefore, the Government, the Reserve Bank of India or any other trade or industry body /association find it convenient to use the IBA as a single point of contact while interacting with the banking industry. The IBA provides certain pooled services to its members. The pooled service can be anything – wage negotiation, contribution to publicity under Pradhan Mantri Jan Dhan Yojana / Pradhan Mantri Mudra Loan Yojana, representing cases in Courts of industry interest, price discovery of technological investments and so on, and the service may cover all sectors of banks or some specific sector as the case may be. In PMJDY and PMMLY initiatives, Public Sector Member Banks and Private Sector Member Banks including Foreign Banks with more than 20 branches participated.

7.1 It is evident based on all the facts brought out that the IBA is purely a voluntary Association of Banks or of like minded people, working in common interest, using collective wisdom to arrive at consensus based decisions for the benefit of its members. The expenses of the association are shared among the members in a fair manner. It is neither substantially owned nor controlled nor financed by the Government nor is it under the control of the Government. Therefore, the IBA does not fall within the definition of a public authority as defined in Section 2(h) of the RTI Act and accordingly the IBA is not a public authority.

Analysis and Decision

8. Definition of public authority is provided in section 2(h) of the RTI Act, which reproduced below:

“public authority” means any authority or body or

institution of self government established or constituted,-

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government,

and includes any-

i) body owned, controlled or substantially financed;

(ii) non -Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government.

8.1 It is noted that funding of the IBA is by way of basic annual subscription from all members of the Association. The members of the IBA consist of public sector as well private banks and financial institutions. There is no direct or indirect flow of funds from the Central Government or the State Government.

8.2 In the above context, the Delhi High Court, in the case of Hardicon V/S Madan Lai (W. P. (C) No. 6946/2011 decided on 12.03.2015), had observed that flow of funds from banks to contribute to shareholding of Hardicon Ltd. cannot be said to be direct or indirect funding by the Government. The operative paras are reproduced below:

“15. The CIC held that as 61.5% of equity of the petitioner was subscribed by government owned entities and the same would meet the criteria of substantial financing by an appropriate Government. I find it difficult to agree with the said conclusion. Admittedly, the Government – whether it be State Government or Central Government – has not provided any direct funding to the petitioner. The question whether the entity has been indirectly financed is to be determined on the facts of each case. In this case, there is no material to indicate any flow of funds from any government to the petitioner. In order to hold that an entity has been indirectly financed by an appropriate Government, first of all, it is necessary to find that the Central Government has parted with some funds for financing the authority/body; and secondly, the said funds have found their way to the authority/body in question. The link between the financing received by an entity and an appropriate Government must be clearly established.

16. In this case, there is no material to indicate that any of the funds received by the petitioner owed their source to either the Central Government or the State Government.The constituent shareholders of the petitioner are independent entities and whose source of funds are not limited to the Central Government/State Government. Although, substantial part of equity of nationalized banks is held by the Government, the sources of funds available to the bank are not limited to the Government alone. Banks receives substantial deposits as a part of their business. In addition, the banks also generate substantial income from their commercial activities. Such funds are also deployed by banks by lending and investing in other entries. Since the funds received by the petitioner by way of subscription to its equity cannot be traced to any Government. The conclusion that the government has indirectly provided substantial finance to the petitioner is not sustainable. ”

8.3 In view of the above observations of the Delhi High Court, the IBA cannot be said to have been directly or indirectly financed by appropriate Government.

9. So far as control part of appropriate Government is concerned it is noted that the IBA is an agency or instrumentality of the State.The appropriate Government controls it as majority of Managing Committee members are Managing Directors of Public sector Banks,who in turn are Government of India employees. As on 6.5.2017 total Managing Committee members are 28 out of which 1 5 are from Public Sector Bank i.e. more than 50 %.

COMPOSITION OF THE MANAGING COMMITTEE FOR THE YEAR 2016-17 (w.e.f 6th May 2017) as per the website of the IBA:

CHAIRMAN

Shri Rajeev Rishi : Central Bank of India

DEPUTY CHAIRMEN

Smt. Arundhati Bhattacharya : State Bank of India

Smt. Chanda Kochhar: ICICI Bank Ltd.

Shri Arun Tiwari : Union Bank of India

HONORARY SECRETARY

Shri Jatinderbir Singh : Punjab & Sind Bank

MEMBERS REPRESENTING PUBLIC SECTOR BANKS

Shri Ashwani Kumar : Dena Bank

Smt. Usha Ananthasubramanian : Allahabad Bank

Shri Animesh Chauhan : Oriental Bank of Commerce

Shri Kishore Kumar Sansi : Vijaya Bank

Shri Arun Shrivastava : Syndicate Bank

Shri Kishor Kharat : Indian Bank

Shri Rakesh Sharma : Canara Bank

Shri P S Jayakumar : Bank of Baroda

Shri Suresh N Patel : Andhra Bank

Shri R K Takkar: UCO Bank

Shri Mahesh Kumar Jain: IDBI Bank Ltd.

MEMBERS REPRESENTING PRIVATE SECTOR BANKS

Shri Aditya Puri : HDFC Bank Ltd.

Smt. Shikha Sharma : AXIS Bank Ltd. (Co-Opted)

Shri Shyam Srinivasan : The Federal Bank Ltd.

Dr. N Kamakodi : City Union Bank Ltd.

Shri Chandra Shekhar Ghosh : Bandhan Bank Ltd. (Co-Opted)

MEMBERS REPRESENTING FOREIGN SECTOR BANKS

Shri Pramit Jhaveri : Citibank N.A.

Shri Ravneetsingh Gill : Deutsche Bank AG.

Ms. Kaku Nakhate : Bank of America, N. A.

Shri Madhav Nair : Mashreq Bank PSC

MEMBERS REPRESENTING CO-OPERATIVE BANKS

Shri Chintamani Nadkarni : N K GSB Co-operative Bank Ltd.

Shri Vinod G Dadlani : The Kalupur Commercial Co-op. Bank Ltd.

Smt. S.M. Sandhane : The Saraswat Co-operative Bank Ltd.

10. We also note that IBA performs various activities, which are entrusted to them by the Government or the Reserve bank of India.The functions performed by the IBA are 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. For determining whether an organization is an agency or instrumentality of the ‘State’, Mathew, J. in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975) ILLJ 399 SC propounded following indicia:

“…(2) Another factor which might be considered is whether the operation is an important public function.

(3) The combination of State aid and furnishing of an important public service may result in a conclusion that the operation should be classified as State agency. If a given function is of such public importance and so closely related to governmental agency, then even the presence or absence of State financial aid might be irrelevant in making a finding of state action.

(4) The ultimate question which is relevant for our purpose is whether such a corporation is an agency or instrumentality of the government for carrying on a business for the benefit of the public.”

The court further highlighted the test give in the Ramano Dayaram Shetty 1979 SC R (3)1014 which were stated in following terms:

“… (3) It may also be a relevant factor... whether the corporation enjoys monopoly status which is state conferred or state protected.

(4) Existence of deep and pervasive State control may afford an indication that the corporation is a state agency or

(5) If the functions of the corporation are of public importance and closely related to governmental functions, it would be a relevant factor in classifying the corporation as an instrumentality or agency of the Government.

(6) Specifically, if a department of Government is transferred to a corporation, it would be a strong factor supportive of this inference of the corporation being an instrumentality or agency of government. “

11. 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 RTIAct, 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.

 

 

 

 

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·         Case Briefs

·         Indian Bank Association Is A Public Authority Under     S. 2 (H) Of RTI Act

CASE BRIEFSTRIBUNALS/COMMISSIONS/REGULATORY BODIES

Published on December 14, 2017By Saba

Central information Commission: The Commission recently heard an appeal from the complainants who sought information from Indian Banks Association to be clearly refused by the latter stating that it is not a public authority under S. 2(h) of the RTI Act and the main issue to be decided upon before the commission was if IBA is a public authority or not. The commission for this first went through its own recent decision dated 20.10.2017 of the Information Commissioner, Shri M. Sridhar Acharyulu, declaring IBA as public authority under S. 2(h) of the RTI Act, 2005 on the two grounds:

a. Direct/indirect financing

b. Substantial control by the appropriate Government.

To this, Commissioner Ms. Majula Parashar said that she entirely agreed that IBA is a public authority under S. 2(h) of the Act, but she refused to agree to the reasoning that IBA is directly or indirectly financed by the appropriate Government. In this respect, the complainant submitted that the IBA comprises of 29 member banks of which around 18 banks are public sector banks and thus, IBA is a body controlled by appropriate government and thereby fall under the definition of S.2 (h) of the Act. Further, he said that IBA also acts a think tank and as an advisory body for banks showing that it performs ‘public function’, thereby satisfying the requirement to be declared as public authority under the RTI Act. He also contended that IBA is an agency and instrumentality of State.

On the other hand, counsel on behalf of the respondent contended that IBA is an unregistered, voluntary association of banks or of likeminded people and is neither a statutory body nor has been incorporated under any law. After hearing both the parties, the Commissioner cited a judgment by Delhi High Court- Hardicon v. Madan Lai (W. P. (C) No. 6946/2011 decided on 12.03.2015), wherein it was held that flow of funds from banks to contribute to shareholding of Hardicon Ltd. cannot be said to be direct or indirect funding by the Government.

Commission observed that so far as control part of appropriate Government is concerned it is noted that the IBA is an agency or instrumentality of the State as the Central government controls it as majority of Managing Committee members are Managing Directors of Public sector Banks, who in turn are Government of India employees. It was further noted that IBA performs various functions entrusted to it by Reserve Bank of India. The Commisison further observed that for determining whether an organization is an agency or instrumentality of the ‘State’, Mathew, J. in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) ILLJ 399 SC said that indication for it should be a combination of State aid and furnishing of an important public service to result into a conclusion that the operation should be classified as State agency.

Taking account of the fact that the IBA performs functions as State agency and its majority control vests in Government of India appointed Managing Directors of Public Sector Banks, it held that IBA would definitely qualify to be a public authority. The Commission, therefore, directed the IBA to designate an official of the IBA as the CPIO at the earliest as per provisions of S. 5 of the 2005 Act and also to comply with S. 4 of the it. [R. K. Jain v. Indian Bank Association, 2017 SCC OnLine CIC 1790 , decided on 13.11.2017]

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Written by Saba

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Shri R K Jain Vs. Indian Bank Association (IBA) (Central Information Commission)

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.

 Full Text of the CIC Order

In response to the RTI applications filed by the above named complainants, the IBA refused to provide the information stating that they are not a Public Authority as defined under section 2(h) of the RTI Act. Aggrieved with the reply of the IBA, both the complainants filed complaints under section 18 of the RTI Act to the Central Information Commission (CIC) praying that an enquiry be conducted in the matter and the IBA should be declared as public authority. Therefore, the only question before the Commission is whether the IBA is a Public Authority under the provisions of section 2 (h) of the RTI Act, 2005.

2. I have gone through the decision dated 20.10.2017 of the Information Commissioner, Shri M. Sridhar Acharyulu, declaring IBA as public authority under section 2(h) of the RTI Act, 2005 on the two grounds which are direct/indirect financing and the substantial control by the appropriate Government. I entirely agree that IBA is a public authority under section 2(h) of the RTI Act, 2005. However, I do not agree to the extent that IBA is directly or indirectly financed by the appropriate Government. Further, I do not subscribe to the issue of show cause notice to the deemed CPIO as mentioned in para 67 of the order because the status of IBA is public authority is being decided now only. Therefore, show cause notice to the deemed CPIO is of no relevance.

3. Therefore, I proceed to record my decision as follows:

Submissions of Sh R K Jain, Complainant

4. The Managing Committee of the IBA comprises of 29 member banks of which around 18 banks are public sector banks.Thus the IBA is a body which is controlled by the appropriate Government and thereby fall under the definition of public authority as given in section 2(h) (i) of the RTI Act. Further, the IBA acts as an “advisory body” or “think tank“ for banks. It tenders its advice on several important matters, such as, award of punishment to the employees of banks, implementation of provisions of statues e.g. RTI Act, Human Resources of the banks etc. It shows that it performs ‘public function’, thereby satisfying the requirement to be declared as public authority under the RTI Act. He further submitted that the IBA is an ‘Agency’ or ‘instrumentality’ of the State (Public Sector Banks in the present case). The IBA also negotiates wage settlements on behalf of its member banks – majority of which are the public sector banks who mandate it to do so, with the Bank Unions / Associations under Industrial Disputes Act, 1947. Besides, being an agency and instrumentality of the State and under the control of the appropriate Government, the IBA is also substantially financed by the appropriate Government. All the expenses of the IBA, which is a non- profit making Association of Banks, are shared by the member banks, majority of which are public sector banks. It receives an annual subscription of nearly 4 crores from more than 100 Indian and foreign banks. Besides this, the IBA collects other funds from its members. As per the information displayed on the official website of the IBA, it has 189 members. Thus, the IBA also meets the criteria of substantial financing by appropriate Government and thereby falls under the definition of public authority as defined in section 2(h) of The RTI ACT.

5. The complainant, Shri R.K.Jain, during the hearing had produced certain documentary evidences in support of his contention that the IBA is a pubic authority and stated that the IBA performed various activities indirectly as per instructions of the Reserve Bank of India (RBI) and Department of Financial Services (DFS). He produced a letter No.4/3/2012-SCT(B)/Welfare dated 30.12.2013 from DFS addressed to the Chairman, IBA to issue necessary guidelines to the public sector banks regarding pay fixation of ex-servicemen/Ex -ECOs/SSCOs in a uniform way to avoid disparity in pay fixation across public sector banks. He stated that the RBI entrusted the IBA with the following tasks: (i) drafting a Master Joint Lenders’ Forum (JLF) agreement between all lenders in respect of Special Mention Accounts (SMA) with an aggregate exposure (AE) exceeding Rs. 100 crores; (ii) constituting an Independent Evaluation Committee (IEC) to carry out evaluation of Techno-Economic Viability study and the proposed restructured packages for AE exceeding Rs. 500 crores; and (iii) put a database on the IBA’s website in respect of delinquent third party service providers such as Advocates, Chartered Accountants and Valuers reported by the lender banks. The IBA took a decision to implement the task assigned by the RBI. So the IBA has to work in consultation with Ministry of Finance and RBI for achieving common objectives. He further stated that the IBA is a major stake holder and part of the administrative structure for monitoring Mission Document of Pradhan Mantri Jan Dhan Yojana (PMJDY). Under the PMJDY, the Government had assigned the job to the IBA to have a monitoring committee to review the progress on weekly basis. The information for monitoring was to be extracted from the DFS portal and adequate publicity needed to be carried out in structured manner based on different tiers at Central level, State level and Districts/Local level structure. The mechanism for public was to be devised by the IBA and NABARD in coordination with banks and other stake holders. A common fund had to be contributed by the banks for publicity in States. State level Bankers Committees would coordinate based on broad guidelines of the IBA/NABARD. Under the heading of roles of major stakeholders of the scheme the IBA was assigned the role of coordination in financial inclusion efforts with all banks, key monitoring role in financial literacy campaign; coordination in publicity and campaign, coordination in centralized handling of customers’ grievances/issues through toll free numbers in coordination with banks; a dedicated desk to be set up for monitoring of implementation of the scheme. The Finance Ministry had directed LIC to immediately operationalize the benefit of live cover under PMJDY and the LIC had been asked to expeditiously enter into a memorandum of understanding with the IBA. He further stated that the Department of Financial Services vide letter No. 7/07/2016-P&C dated 22.01.2016 addressed a letter to the Chairman, IBA along with heads of public sector banks issuing guidelines regarding the study visit of the Select Committee of Rajya Sabha on Prevention of Corruption (Amendment) Bill, 2013 to Mumbai and Kolkata from 12th to 18th February, 2016. He added that the IBA functions on the principle of ‘mutuality’ where ‘members’ of the ‘association’ are one and the same.

Submissions of Ms Ita Bose, Complainant

6. As on 01.06.201 5, the Managing Committee of the IBA consisted of 31 members out of which 19 members are Chairman cum Managing Directors of public sector banks or public authorities under RTI Act. Thus 61.29 % of members of managing committee are public servants or belong to public authorities . Therefore,the IBA is a body which is being managed and controlled by public servants of Govt, of India, since Chairman and Managing Directors ( CMDs) are employees of Central Govt.

6.1 The Reserve Bank of India has been quoted in Economic Times of 15.06.2015 stating that Public Sector Banks had 73.2 % and 73.9% market share in loans and deposits respectively as of 31.03.2014. Since all 27 public sector banks contribute to funds of the IBA based on working fund of individual bank as at the end of previous financial year, the total inflow of funds to the IBA from public sector banks (PSBs)/ public authorities (PAs) would be substantial when compared to total inflow of funds from all the bank-members (which include public sector, private sector, foreign and cooperative banks). Thus, major share of operational and capital expenses of the IBA are provided by PSBs/PAs. The IBA recovers annual subscription, expenses for bipartite wage revisions, consultation and advice, legal charges and contribution for acquiring immovable properties, like office etc. from member banks based on working fund of each bank. Since PSBs/ PAs control 73% of working funds of all banks, hence inflow of funds to the IBA from PSBs/PAs would be near about 70 % of total inflow. Thus, the IBA is substantially funded by PSBs/PAs.

6.2 The IBA is a society or voluntary organization and it provides expertise to member banks in host of matters relating to service conditions of employees, periodical wage revision, formulation of policies for banks, execution of govt, directives/ schemes/ policies, legal issues of member banks, customer service defending banks in courts by being party to litigation, technology for banks, recovery of loans, approval of transport companies, security printers, couriers for banks including PSB etc. Thus, the IBA has substantial contribution in functioning of public sector banks. The advice of the IBA is followed by public sector banks in toto by getting formal approval of Board of Directors and/ or Central Govt. The IBA provides expertise to Government of India in the matter of banking industry and execution of govt, policies and schemes. The IBA is associated with Pradhan Mantri Jandhan Yojana (PMJDY) and other social schemes. The IBA plays a public role in the matter of banking industry of the country and its working, advice, decisions affect large number of employees of banks and customers of banks including trade, industry, common citizens, marginalized segment of society, etc. Hence, there is need for transparency in its working in view of legislative intent and preamble of RTI Act.

Submissions of the IBA – Respondent

7. The IBA is an unregistered, voluntary association of banks or of like minded people.The IBA is not a statutory body nor has it been incorporated under any law. The IBA was formed on 26th September 1946 by 22 banks coming together to discuss issues of common interest.It may be noted that all these banks were private banks at that time. Over the years, the membership grew. It was just a turn of events that some of these banks were nationalized in the year 1970. However, the working of the IBA has continued in the same manner over the years. Currently, the IBA has Public Sector Banks, Private Sector Banks, Foreign Banks, Urban Co-operative Banks, Asset Reconstruction Companies, Credit Rating Companies, Credit Guarantee Funds, Financial Services Companies, Credit Bureaus and others as Members. As on 30th September 2016, the membership of the IBA stood at 239 of which 137 were Ordinary Members and 102 Associate Members. Of the 137 Ordinary Members, only 27 i.e. less than 20% are Public Sector Banks. Of the total 239 banks, public sector members are 27 PSB and 38 RRBs which is just 27% of total membership. The key Officers of the IBA such as Chairman, Deputy Chairman and Honorary Secretary of the IBA are elected by the Members of the Managing Committee and rules of the Association do not specify that only Public Sector Bank Chairman can become Chairman /Deputy Chairman/ Honorary Secretary. Further, funding of the IBA is by way of Basic Annual Subscription collected from all members of the Association in terms of their working fund and is not sectoral specific i.e. private or public . Further, the IBA’s vision is “To work proactively for the growth of a healthy, professional and forward looking banking and financial services industry, in a manner consistent with Public Good”. However, working for public good alone does not make an institution a Public Agency. The IBA is a premier service organization representing all banks in India. Therefore, the Government, the Reserve Bank of India or any other trade or industry body /association find it convenient to use the IBA as a single point of contact while interacting with the banking industry. The IBA provides certain pooled services to its members. The pooled service can be anything – wage negotiation, contribution to publicity under Pradhan Mantri Jan Dhan Yojana / Pradhan Mantri Mudra Loan Yojana, representing cases in Courts of industry interest, price discovery of technological investments and so on, and the service may cover all sectors of banks or some specific sector as the case may be. In PMJDY and PMMLY initiatives, Public Sector Member Banks and Private Sector Member Banks including Foreign Banks with more than 20 branches participated.

7.1 It is evident based on all the facts brought out that the IBA is purely a voluntary Association of Banks or of like minded people, working in common interest, using collective wisdom to arrive at consensus based decisions for the benefit of its members. The expenses of the association are shared among the members in a fair manner. It is neither substantially owned nor controlled nor financed by the Government nor is it under the control of the Government. Therefore, the IBA does not fall within the definition of a public authority as defined in Section 2(h) of the RTI Act and accordingly the IBA is not a public authority.

Analysis and Decision

8. Definition of public authority is provided in section 2(h) of the RTI Act, which reproduced below:

“public authority” means any authority or body or

institution of self government established or constituted,-

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government,

and includes any-

i) body owned, controlled or substantially financed;

(ii) non -Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government.

8.1 It is noted that funding of the IBA is by way of basic annual subscription from all members of the Association. The members of the IBA consist of public sector as well private banks and financial institutions. There is no direct or indirect flow of funds from the Central Government or the State Government.

8.2 In the above context, the Delhi High Court, in the case of Hardicon V/S Madan Lai (W. P. (C) No. 6946/2011 decided on 12.03.2015), had observed that flow of funds from banks to contribute to shareholding of Hardicon Ltd. cannot be said to be direct or indirect funding by the Government. The operative paras are reproduced below:

“15. The CIC held that as 61.5% of equity of the petitioner was subscribed by government owned entities and the same would meet the criteria of substantial financing by an appropriate Government. I find it difficult to agree with the said conclusion. Admittedly, the Government – whether it be State Government or Central Government – has not provided any direct funding to the petitioner. The question whether the entity has been indirectly financed is to be determined on the facts of each case. In this case, there is no material to indicate any flow of funds from any government to the petitioner. In order to hold that an entity has been indirectly financed by an appropriate Government, first of all, it is necessary to find that the Central Government has parted with some funds for financing the authority/body; and secondly, the said funds have found their way to the authority/body in question. The link between the financing received by an entity and an appropriate Government must be clearly established.

16. In this case, there is no material to indicate that any of the funds received by the petitioner owed their source to either the Central Government or the State Government.The constituent shareholders of the petitioner are independent entities and whose source of funds are not limited to the Central Government/State Government. Although, substantial part of equity of nationalized banks is held by the Government, the sources of funds available to the bank are not limited to the Government alone. Banks receives substantial deposits as a part of their business. In addition, the banks also generate substantial income from their commercial activities. Such funds are also deployed by banks by lending and investing in other entries. Since the funds received by the petitioner by way of subscription to its equity cannot be traced to any Government. The conclusion that the government has indirectly provided substantial finance to the petitioner is not sustainable. ”

8.3 In view of the above observations of the Delhi High Court, the IBA cannot be said to have been directly or indirectly financed by appropriate Government.

9. So far as control part of appropriate Government is concerned it is noted that the IBA is an agency or instrumentality of the State.The appropriate Government controls it as majority of Managing Committee members are Managing Directors of Public sector Banks,who in turn are Government of India employees. As on 6.5.2017 total Managing Committee members are 28 out of which 1 5 are from Public Sector Bank i.e. more than 50 %.

COMPOSITION OF THE MANAGING COMMITTEE FOR THE YEAR 2016-17 (w.e.f 6th May 2017) as per the website of the IBA:

CHAIRMAN

Shri Rajeev Rishi : Central Bank of India

DEPUTY CHAIRMEN

Smt. Arundhati Bhattacharya : State Bank of India

Smt. Chanda Kochhar: ICICI Bank Ltd.

Shri Arun Tiwari : Union Bank of India

HONORARY SECRETARY

Shri Jatinderbir Singh : Punjab & Sind Bank

MEMBERS REPRESENTING PUBLIC SECTOR BANKS

Shri Ashwani Kumar : Dena Bank

Smt. Usha Ananthasubramanian : Allahabad Bank

Shri Animesh Chauhan : Oriental Bank of Commerce

Shri Kishore Kumar Sansi : Vijaya Bank

Shri Arun Shrivastava : Syndicate Bank

Shri Kishor Kharat : Indian Bank

Shri Rakesh Sharma : Canara Bank

Shri P S Jayakumar : Bank of Baroda

Shri Suresh N Patel : Andhra Bank

Shri R K Takkar: UCO Bank

Shri Mahesh Kumar Jain: IDBI Bank Ltd.

MEMBERS REPRESENTING PRIVATE SECTOR BANKS

Shri Aditya Puri : HDFC Bank Ltd.

Smt. Shikha Sharma : AXIS Bank Ltd. (Co-Opted)

Shri Shyam Srinivasan : The Federal Bank Ltd.

Dr. N Kamakodi : City Union Bank Ltd.

Shri Chandra Shekhar Ghosh : Bandhan Bank Ltd. (Co-Opted)

MEMBERS REPRESENTING FOREIGN SECTOR BANKS

Shri Pramit Jhaveri : Citibank N.A.

Shri Ravneetsingh Gill : Deutsche Bank AG.

Ms. Kaku Nakhate : Bank of America, N. A.

Shri Madhav Nair : Mashreq Bank PSC

MEMBERS REPRESENTING CO-OPERATIVE BANKS

Shri Chintamani Nadkarni : N K GSB Co-operative Bank Ltd.

Shri Vinod G Dadlani : The Kalupur Commercial Co-op. Bank Ltd.

Smt. S.M. Sandhane : The Saraswat Co-operative Bank Ltd.

10. We also note that IBA performs various activities, which are entrusted to them by the Government or the Reserve bank of India.The functions performed by the IBA are 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. For determining whether an organization is an agency or instrumentality of the ‘State’, Mathew, J. in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975) ILLJ 399 SC propounded following indicia:

“…(2) Another factor which might be considered is whether the operation is an important public function.

(3) The combination of State aid and furnishing of an important public service may result in a conclusion that the operation should be classified as State agency. If a given function is of such public importance and so closely related to governmental agency, then even the presence or absence of State financial aid might be irrelevant in making a finding of state action.

(4) The ultimate question which is relevant for our purpose is whether such a corporation is an agency or instrumentality of the government for carrying on a business for the benefit of the public.”

The court further highlighted the test give in the Ramano Dayaram Shetty 1979 SC R (3)1014 which were stated in following terms:

“… (3) It may also be a relevant factor... whether the corporation enjoys monopoly status which is state conferred or state protected.

(4) Existence of deep and pervasive State control may afford an indication that the corporation is a state agency or

(5) If the functions of the corporation are of public importance and closely related to governmental functions, it would be a relevant factor in classifying the corporation as an instrumentality or agency of the Government.

(6) Specifically, if a department of Government is transferred to a corporation, it would be a strong factor supportive of this inference of the corporation being an instrumentality or agency of government. “

11. 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 RTIAct, 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.

 

 

 

 

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·         Case Briefs

·         Indian Bank Association Is A Public Authority Under     S. 2 (H) Of RTI Act

CASE BRIEFSTRIBUNALS/COMMISSIONS/REGULATORY BODIES

Published on December 14, 2017By Saba

Central information Commission: The Commission recently heard an appeal from the complainants who sought information from Indian Banks Association to be clearly refused by the latter stating that it is not a public authority under S. 2(h) of the RTI Act and the main issue to be decided upon before the commission was if IBA is a public authority or not. The commission for this first went through its own recent decision dated 20.10.2017 of the Information Commissioner, Shri M. Sridhar Acharyulu, declaring IBA as public authority under S. 2(h) of the RTI Act, 2005 on the two grounds:

a. Direct/indirect financing

b. Substantial control by the appropriate Government.

To this, Commissioner Ms. Majula Parashar said that she entirely agreed that IBA is a public authority under S. 2(h) of the Act, but she refused to agree to the reasoning that IBA is directly or indirectly financed by the appropriate Government. In this respect, the complainant submitted that the IBA comprises of 29 member banks of which around 18 banks are public sector banks and thus, IBA is a body controlled by appropriate government and thereby fall under the definition of S.2 (h) of the Act. Further, he said that IBA also acts a think tank and as an advisory body for banks showing that it performs ‘public function’, thereby satisfying the requirement to be declared as public authority under the RTI Act. He also contended that IBA is an agency and instrumentality of State.

On the other hand, counsel on behalf of the respondent contended that IBA is an unregistered, voluntary association of banks or of likeminded people and is neither a statutory body nor has been incorporated under any law. After hearing both the parties, the Commissioner cited a judgment by Delhi High Court- Hardicon v. Madan Lai (W. P. (C) No. 6946/2011 decided on 12.03.2015), wherein it was held that flow of funds from banks to contribute to shareholding of Hardicon Ltd. cannot be said to be direct or indirect funding by the Government.

Commission observed that so far as control part of appropriate Government is concerned it is noted that the IBA is an agency or instrumentality of the State as the Central government controls it as majority of Managing Committee members are Managing Directors of Public sector Banks, who in turn are Government of India employees. It was further noted that IBA performs various functions entrusted to it by Reserve Bank of India. The Commisison further observed that for determining whether an organization is an agency or instrumentality of the ‘State’, Mathew, J. in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) ILLJ 399 SC said that indication for it should be a combination of State aid and furnishing of an important public service to result into a conclusion that the operation should be classified as State agency.

Taking account of the fact that the IBA performs functions as State agency and its majority control vests in Government of India appointed Managing Directors of Public Sector Banks, it held that IBA would definitely qualify to be a public authority. The Commission, therefore, directed the IBA to designate an official of the IBA as the CPIO at the earliest as per provisions of S. 5 of the 2005 Act and also to comply with S. 4 of the it. [R. K. Jain v. Indian Bank Association, 2017 SCC OnLine CIC 1790 , decided on 13.11.2017]

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Written by Saba

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Pension is neither bounty nor charity but an indefeasible right of an employee: Karnataka High Court

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On Sat, Feb 27, 2021 at 12:05 PM 'Ramesh Sehgal' via bankpensioner <bankpe...@googlegroups.com> wrote:

Dear All,

Under the leadership of Shri Narendra Modi, several reforms are being taken place for upliftment of Indian economy. 

The Finance Minister, Smt Nirmala Sitharaman, has expressed her views for updation of pension for bankers - the issue of updation of pension of bankers is pending for more than two decades - and has advised the IBA to send the recommending note to Department of Financial Services but the IBA is not doing the needful.

The bank pensioners have been backbone of Indian economy in the past for carrying forward successfully the economic agenda of the governments in the past.

As the IBA is not paying heed to the grievances of the bank pensioners and views of the finance minister is not being considered, this IBA is required to be abolised immediately and be replaced by separate Govt Department to look into the due and very long pending demands of the bank pensioners which is not being taken care of by the IBA with the connivance of the leaders of present organisations/unions of existing bank employees and officers.

The IBA is not public authority as it is not coming under the RTI Act, 2005. 

It collects huge amount of money in crores from its member banks as annual subscriptions/donations from the member banks and there is no records of use of this huge public money which can be used for better purposes if the IBA is abolised and replaced by separate Govt Department at Central level. 

This will help to redress the due and genuine grievances/demands of existing and retired bank employees and officers earnestly.

If it is done, it will be an another feather in the cap of able leadership of Shri Narendra Modi who is doing great works for uplift of Indian economy.

Ramesh Kumar Sehgal

91-9990217028

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[Ramarao Velagapudi]

[Kalyanasundaram Subramaniam]

The order has been stayed by Delhi  High Court. Please refer to my write up on this: 

https://www.thehindubusinessline.com/opinion/why-is-indian-banks-association-not-under-rti/article33934677.ece

Regards.

S Kalyanasundaram