COOP. HOUSING SOCIETY ACTS AND RULES

SRIPRAKASH BHATTACHARYA (Querist) 15 June 2008 This query is : Resolved
15.06.2008

SIR,

I RESIDE IN A LARGE COOPERATIVE HOUSING SOCIETY OF KOLKATA SINCE 1982 AND THE SOCIETY HAS 264 MEMBERS.

IT IS RUN BY A BOARD CONSISTING OF SIX DIRECTORS, WHO ARE ELECTED BY THE GENERAL MEMBERS FOR A TERM OF 3 YEARS. I AM ALSO A DIRECTOR IN THE BOARD.

AS PER WEST BENGAL COOP. SOCIETIES ACTS, 1983 AND RULES, 1987 THE CHAIRMAN, SECRETARY & VICE-CHAIRMAN ARE ELECTED BY THE DIRECTORS AND NOT BY THE GENERAL MEMBERS. HENCE, THE BOARD IN TOTALITY IS ACCOUNTABLE TO THE GENERAL MEMBERS.

SINCE SEVERAL MONTHS I HAVE BEEN OBSERVING THAT FOUR OF THE DIRECTORS IN CONNIVANCE WITH THE SOCIETIY’S OFFICE SUPDT. (A PAID EMPLOYEE), ARE INVOLVED IN CORRUPT / ILLEGAL PRACTICES WHILE TRANSFERRING / RENTING OUT OF FLATS. I HAD BROUGHT THIS MATTER IN WRITING TO THE NOTICE OF THE SECRETARY, CHAIRMAN & VICE-CHAIRMAN. UNFORTUNATELY NONE HAVE PAID ANY ATTENTION TO THIS MATTER. IN THIS REGARD, DURING A VISIT OF MINE TO THE OFFICE OF THE SOCIETY, I WANTED TO GO THROUGH CERTAIN FILES BUT UNFORTUNATELY I WAS DENIED ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY IN ORDER TO AVOID UNEARTHING THE MATTER.

ON TAKING UP THE MATTER IN WRITING WITH THE CHAIRMAN,VICE-CHAIRMAN AND SECRETARY, I HAVE BEEN ISSUED A LETTER BY THE SECRETARY SAYING THAT EXCEPT OTHER THAN THEM, NO INDUVIDUAL DIRECTORS CAN HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. SINCE THE BOARD CONSISTS OF ELECTED DIRECTORS, I WROTE TO THE SECRETARY THAT AS PER THE COP. ACTS AND RULES HAVE ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. THESE PEOPLE DO NOT WANT ME TO HAVE ACCESS TO THE FILES AND DOCUMENTS IN ORDER TO AVOID DISCOVERY OF THEIR MISDEEDS.

IN TURN, I HAD AGAIN WRITTEN TO THE SECRETARY INVOKING RTI ACT, 2005 AND FURTHER ASKING THAT UNDER WHICH ACTS AND RULES, IT IS MENTIONED THAT EXCEPT OTHER THAN CHAIRMAN, SECRETARY AND VICE-CHAIRMAN THE OTHER DIRECTORS CAN NOT HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCETY. THEREIN I HAVE ALSO WANTED TO KNOW THAT UNDER THE CIRCUMSTANCES, WHAT IS ROLE OF INDIVIDUAL DIRECTORS OF THE COOP. HOUSING SOCIETY.

ON THIS THE SECRETARY HAS WRITTEN THAT THE ‘QUERIES AS REFERRED BY ME DO NOT COME UNDER THE PROVISION OF RTI ACTS AND RULES’.

FROM ALL ABOVE I FIND THAT THE ABOVE PERSONS ARE TOTALLY IGNORANT, ILLETERATE AND INVOLEVED IN CORRUPT PRACTICES, AS APPREHENDED.

I HAVE ALSO TAKEN UP THE MATTER WITH SECRETARY TO THE GOVERNMENT OF WEST BENGAL, COOPPERTION DIRECTORATE; REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF WEST BENGAL; DEPUTY REGISTRAR OF COPERATIVE SOCIETIES (HOUSING), GOVERNMENT OF WEST BENGAL AND ALSO WITH THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES (KMAH), GOVERNMENT OF WST BENGAL AS EARLY AS IN THE 1ST WEEK OF FEBRUARY, 2008. AFTER CONTINIOUS PERSUATION AND FOLLOWUP, THE REGISTRAR OF COOP. SOCIETIES, GOVERNMENT OF WEST BENGAL HAS DIRECTED THE DY. REGISTRAR (KMAH) TO CAUSE AN ENQUIRY AND SUBMIT A REPORT.

AS YOU ARE AWARE THAT FOR MOST OF THE STATE GOVERNMENT STAFF, 18 MONTHS MAKE A YEAR INSTEAD OF 12 MONTHS SO THE ENQUIRY TOO WILL TAKE ITS OWN COURSE.

NOW I AM PLANING TO WRITE ALSO TO THE SPIO, COOPERATION DIRECTORATE, GOVERNMENT OF WEST BENGAL UNDER THE RTI ACT, 2005 AND REQUESTING FOR ABOVE CLARIFICATIONS.

I ALSO WROTE TO THE NATIONAL COOPERATIVE HOUSING FEDERATION ON THIS ISSUE, WHO IN TURN HAS ADVISED ME TO TAKE UP THE MATTER UNDER RTI.

I WOULD YOU REQUEST TO KINDLY LET ME KNOW THE FOLLOWINGS:

1. CAN THE SECRETARY DEBAR THE BOARD MEMBERS FROM SEEING THE FILES AND PAPERS OF THE SOCIETY WITHOUTING CITING ANY VALID REASONS.
2. WHETHER WRITING OF SUCH LETTER BY THE SECRETARY IS LEGAL AND IS IT AS PER COOP. ACTS AND RULES?
3. WHETHER COOP. SOCIETIES ALSO COME UNDER RTI ACT, 2005 OR NOT. (FROM THE ACTS AND RULES OF DELHI, I FIND THAT COOP. SOCIETIES ALSO DO COME UNDER RTI).

SINCE OUR NEXT AGM AS WELL AS ELECTEION IS SCHEDULED SOMETIMES IN MID JULY , I WOULD REQUEST FOR AN URGENT CLARIFICATION.

I REMAIN GRATEFUL TO

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SRIPRAKASH BHATTACHARYA (Querist) 15 June 2008
15.06.2008

SIR,

I RESIDE IN A LARGE COOPERATIVE HOUSING SOCIETY OF KOLKATA SINCE 1982 AND THE SOCIETY HAS 264 MEMBERS.

IT IS RUN BY A BOARD CONSISTING OF SIX DIRECTORS, WHO ARE ELECTED BY THE GENERAL MEMBERS FOR A TERM OF 3 YEARS. I AM ALSO A DIRECTOR IN THE BOARD.

AS PER WEST BENGAL COOP. SOCIETIES ACTS, 1983 AND RULES, 1987 THE CHAIRMAN, SECRETARY & VICE-CHAIRMAN ARE ELECTED BY THE DIRECTORS AND NOT BY THE GENERAL MEMBERS. HENCE, THE BOARD IN TOTALITY IS ACCOUNTABLE TO THE GENERAL MEMBERS.

SINCE SEVERAL MONTHS I HAVE BEEN OBSERVING THAT FOUR OF THE DIRECTORS IN CONNIVANCE WITH THE SOCIETIY’S OFFICE SUPDT. (A PAID EMPLOYEE), ARE INVOLVED IN CORRUPT / ILLEGAL PRACTICES WHILE TRANSFERRING / RENTING OUT OF FLATS. I HAD BROUGHT THIS MATTER IN WRITING TO THE NOTICE OF THE SECRETARY, CHAIRMAN & VICE-CHAIRMAN. UNFORTUNATELY NONE HAVE PAID ANY ATTENTION TO THIS MATTER. IN THIS REGARD, DURING A VISIT OF MINE TO THE OFFICE OF THE SOCIETY, I WANTED TO GO THROUGH CERTAIN FILES BUT UNFORTUNATELY I WAS DENIED ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY IN ORDER TO AVOID UNEARTHING THE MATTER.

ON TAKING UP THE MATTER IN WRITING WITH THE CHAIRMAN,VICE-CHAIRMAN AND SECRETARY, I HAVE BEEN ISSUED A LETTER BY THE SECRETARY SAYING THAT EXCEPT OTHER THAN THEM, NO INDUVIDUAL DIRECTORS CAN HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. SINCE THE BOARD CONSISTS OF ELECTED DIRECTORS, I WROTE TO THE SECRETARY THAT AS PER THE COP. ACTS AND RULES HAVE ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. THESE PEOPLE DO NOT WANT ME TO HAVE ACCESS TO THE FILES AND DOCUMENTS IN ORDER TO AVOID DISCOVERY OF THEIR MISDEEDS.

IN TURN, I HAD AGAIN WRITTEN TO THE SECRETARY INVOKING RTI ACT, 2005 AND FURTHER ASKING THAT UNDER WHICH ACTS AND RULES, IT IS MENTIONED THAT EXCEPT OTHER THAN CHAIRMAN, SECRETARY AND VICE-CHAIRMAN THE OTHER DIRECTORS CAN NOT HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCETY. THEREIN I HAVE ALSO WANTED TO KNOW THAT UNDER THE CIRCUMSTANCES, WHAT IS ROLE OF INDIVIDUAL DIRECTORS OF THE COOP. HOUSING SOCIETY.

ON THIS THE SECRETARY HAS WRITTEN THAT THE ‘QUERIES AS REFERRED BY ME DO NOT COME UNDER THE PROVISION OF RTI ACTS AND RULES’.

FROM ALL ABOVE I FIND THAT THE ABOVE PERSONS ARE TOTALLY IGNORANT, ILLETERATE AND INVOLEVED IN CORRUPT PRACTICES, AS APPREHENDED.

I HAVE ALSO TAKEN UP THE MATTER WITH SECRETARY TO THE GOVERNMENT OF WEST BENGAL, COOPPERTION DIRECTORATE; REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF WEST BENGAL; DEPUTY REGISTRAR OF COPERATIVE SOCIETIES (HOUSING), GOVERNMENT OF WEST BENGAL AND ALSO WITH THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES (KMAH), GOVERNMENT OF WST BENGAL AS EARLY AS IN THE 1ST WEEK OF FEBRUARY, 2008. AFTER CONTINIOUS PERSUATION AND FOLLOWUP, THE REGISTRAR OF COOP. SOCIETIES, GOVERNMENT OF WEST BENGAL HAS DIRECTED THE DY. REGISTRAR (KMAH) TO CAUSE AN ENQUIRY AND SUBMIT A REPORT.

AS YOU ARE AWARE THAT FOR MOST OF THE STATE GOVERNMENT STAFF, 18 MONTHS MAKE A YEAR INSTEAD OF 12 MONTHS SO THE ENQUIRY TOO WILL TAKE ITS OWN COURSE.

NOW I AM PLANING TO WRITE ALSO TO THE SPIO, COOPERATION DIRECTORATE, GOVERNMENT OF WEST BENGAL UNDER THE RTI ACT, 2005 AND REQUESTING FOR ABOVE CLARIFICATIONS.

I ALSO WROTE TO THE NATIONAL COOPERATIVE HOUSING FEDERATION ON THIS ISSUE, WHO IN TURN HAS ADVISED ME TO TAKE UP THE MATTER UNDER RTI.

I WOULD YOU REQUEST TO KINDLY LET ME KNOW THE FOLLOWINGS:

1. CAN THE SECRETARY DEBAR THE BOARD MEMBERS FROM SEEING THE FILES AND PAPERS OF THE SOCIETY WITHOUTING CITING ANY VALID REASONS.
2. WHETHER WRITING OF SUCH LETTER BY THE SECRETARY IS LEGAL AND IS IT AS PER COOP. ACTS AND RULES?
3. WHETHER COOP. SOCIETIES ALSO COME UNDER RTI ACT, 2005 OR NOT. (FROM THE ACTS AND RULES OF DELHI, I FIND THAT COOP. SOCIETIES ALSO DO COME UNDER RTI).

SINCE OUR NEXT AGM AS WELL AS ELECTEION IS SCHEDULED SOMETIMES IN MID JULY , I WOULD REQUEST FOR AN URGENT CLARIFICATION.

I REMAIN GRATEFUL TO YOU.

Sriprakash Bhtatac

Manish Singh (Expert) 16 June 2008
Dear Mr. Bhattacharya,
to come under the RTI Act, you need to look into the fact that whther ur society is getting any grant from the govt(with some other conditions).
if no then they are not goin to come under the RTI Act.
bUT YOU CAN CHECK THE MALFUNCTION GOIN ON IN THE SOCIETY.
WHAT UR BY LAWS SAY ABOUT THIS?
HAVE U LODGED ANY COMPLAINT WITH THE REGISTRAR?

H. S. Thukral (Expert) 16 June 2008
Whether the Co-operative societies come under the provisions of the RTI Act or not, is under the consideration of CIC where few appeals are pending adjudication. However any member can seek information from the society under Co-operative Societies Act directly or can file an application before the Registrar Co-operative Societies who can further seek desired information from the society.
The conduct of a society has to be in confirmity with its byelaws. The Registrar has a watching brief over the affiars of the society. A member can file a complaint or if there are several complaints the management can be taken over by the Registrar and an Administrator can be appointed till a new committee takes hold of the management.

Manish Singh (Expert) 16 June 2008
Housing society formed by you does not come under the term of public authority, so it needs to be in confirmation to other tests as specified under clause 2(h).

the situation would be different and some other considerations would be taken into account if the matter pertains to CO-Operative societies which are not a housing societies.