KMF qualifies as public authority created by the state, financially supported and guaranteed by govt agencies* Vested with monopoly-like public functions
BENGALURU
In a decisive affirmation of transparency in cooperative institutions, Karnataka Information Commission (KIC) has ruled that the Karnataka Milk Federation (KMF) is a ‘state’ body and unequivocally falls under the purview of the Right to Information (RTI) Act. Extending this position further, the commission held that all its district-level unions, including BAMUL (Bangalore Urban, Rural and Ramanagara Cooperative Milk Producers’ Societies Union Ltd) and KOMULl (Kolar District Cooperative Milk Producers’ Union), are also public authorities mandated to furnish information sought by citizens. The order was issued by Information Commissioner S Rajashekara while hearing a second appeal filed by RTI applicant V Lokesh, who had sought details of an overseas tour undertaken by the KOMUL Managing Director and other officials. Lokesh filed his RTI plea on November 6, 2023, before the Public Information Officer of the Kolar-Chikkaballapur Milk Union Limited, formerly KOCHIMUL.
Rajashekara cited an earlier landmark judgment of Karnataka High Court, on October 22, 1993, in the KV Panduranga Rao vs Karnataka Dairy Development Corporation case, in which a three-judge bench declared KMF a ‘state’ under Article 12 of the Constitution. KIC noted that this legal position makes KMF and its unions fully accountable under the RTI framework, leaving no ambiguity about their obligations to disclose information.
KIC then examined the evolution of Karnataka’s dairy cooperative structure, tracing its roots to the Karnataka Dairy Development Corporation (KDCC), a fully government-owned entity created in 1974 to implement the World Bank-funded Operation Flood programme. Following directions from the Indian Dairy Corporation (IDC) and the Union government, KDCC was replaced with a cooperative mechanism to execute Operation Flood II. This culminated in the incorporation of KMF on Jan 10, 1983, under the Karnataka Cooperative Societies Act. KMF did not arise in a vacuum, the order observed.
The intent of RTI Act is to ensure transparency wherever public funds, public resources, or public functions are involved. KMF’s very functioning depends on govt-created structures. Information relating to foreign trips or any expenditure involving public money must be disclosed, S Rajashekara, Information Commissioner.