IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2716 OF 2006. Pralhad Kisanrao Kulkarni. ... PETITIONER. VERSUS State of Maharashtra and another. ... RESPONDENTS. ... Shri C.V. Thombre, Advocate for Petitioner. Shri R.P. Phatke, A.G.P. for respondents. ... CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 12th JANUARY, 2010. PER COURT: 1 Heard learned Counsel for the parties. 2 The question that needs to be addressed in this petition is whether the Banks registered under the provisions of Maharashtra Co-operative Societies Act, 1960 are governed by the provisions of the Right to Information Act, 2005. That is so because the petitioner has challenged the circular issued by the Co-operative Commissioner and Registrar for Co- operative Societies, Maharashtra State, Pune dated 8th February, 2006, which in turn explains the purport of section 2(h) of the Act of 2005. In the said circular, it is stated that the Act of 2005 is made applicable to those Co-operative Societies to whom the financial aid is supplied directly or indirectly. For example, the Housing Development Societies to whom the Government has given the land and the Housing Development Societies which are allotted land by the Government for social justice or have been given financial aid. 3 In the present case, the petitioner has not referred to any particular Bank which has been left out by the circular even though it qualifies the definition of Public Authority as defined in Section 2(h) of the Act of 2005. The issue raised by the petitioner is generic one as to whether all Co-operative Banks registered under the provisions of Maharashtra Co- operative Societies Act, 1960 would be amenable to the provisions of the Act of 2005. We are not inclined to examine the wider question. Suffice it to observe that the definition of public authority means a body or institution of self-government established or constituted by or under the Constitution; by any other law made by Parliament; by any other law made by State Legislature; by any notification issued or order made by the appropriate Government and would include any body owned, controlled or substantially financed or non government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government. Unless the petitioner would identify a specific Bank which qualifies this definition, it is not possible for us to answer the issue raised as to whether the Co-operative Banks would be covered by the provisions of the `public authority’ as such. Ordinarily, the Banks though registered under the State Legislation, cannot be equated with the institution of self-government established or constituted. In other words, they cannot be said to be statutory bodies as such. In absence of assertion that particular Bank is directly or indirectly funded by the appropriate Government or is controlled or substantially financed by the appropriate Government, it is not possible to deal with the grievance made before us. 4 In so far as Circular dated 8th February, 2006 is concerned, that only restates the definition of public authority under Section 2(h) of the Act. There is no infirmity in the position so stated. The same is consistent with the provisions of law. We do not find any force in the argument that the Co-operative Commissioner was not competent to issue such a circular. For, we find that the circular is only clarificatory one, issued for information of other officials of the department so that they would take consistent view of the matter. It is obviously a inter-departmental communication. It would not by itself have the force of law. The controversy as to whether a particular Co-operative Bank is public authority will have to be decided by the competent authority constituted and/or prescribed by the Act of 2005 or by a Court of law, as the case may be. Suffice it to note that the circular cannot be set aside on such argument. While parting, however, we may make it clear that we are not entertaining the generic plea that all the Co-operative Banks are public authorities. For, it will have to be decided on case to case basis. In that, whether the stated Co-operative Bank is a public authority or not would depend on the fulfillment of the requirements of the definition under Section 2(h) of the Act. 5 In the circumstances, this petition is disposed of on the above basis. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] PLK/*