Rti
KK
(Querist) 03 August 2015
This query is : Resolved
Sir, i read on the net that Maharashtra Cooperative Housing Societies now do come under the purview of RTI.
Many articles mention that the members of the Society can file a RTI against the Managing Committee.
Can non members of the Society, who are aggrieved parties, too file a RTI against the Society for records and information regarding a certain flat/membership of a particular member?
Thank you.
P. Venu
(Expert) 04 August 2015
RTI query can be filed by any citizen.
Rajendra K Goyal
(Expert) 04 August 2015
RTI can be filed to the designated officer (PIO) for the information sought if within the purview of the RTI Act
Dr J C Vashista
(Expert) 05 August 2015
Cooperative Societies do not fall under Section 2(h)of The Right to Information Act, 2005, latest judgment (2013)delivered by the Apex Court in the Case titled, M/s Thagapalam Service Cooperative Bank Ltd. Vs. State of Kerla.
However, consult a local lawyer to check from Maharashtra Cooperative Societies Act/Rules. Whatsoever, Section 139 of Delhi Cooperative Societies Act, 2003 read with Rule 165 of the Delhi Cooperative Societies Rules, 2007 are relevant and applicable in Delhi on the subject.
KK
(Querist) 05 August 2015
Thank you Sir, i read that information from cooperative housing societies can be obtained under section 2(f) of the RTI Act,2005.
PRIVATE CO-OPERATIVE HOUSING SOCIETIES ARE COVERED UNDER SECTION 2(f) OF THE RTI ACT 2005:
Under Sec. 2(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;
• HOW SECTION 2 (F) APPLIES TO A PRIVATE CO-OPERATIVE HOUSING SOCIETY:
As per sec. 2(f) of the act an information which can be accessed by a Public Authority from a Private Body can be provided under the RTI Act. In the context of a Co-operative Housing Society Limited, Private Body is a Co-operative Housing Society and Public Authority is Registrar of Co-operative Societies.
• Public Information Officer & First Appellate Authority OF REGISTRAR OF CO-OPERATIVE SOCIETIES:
1) Public Information Officer (Public Information Officer) – Deputy Registrar.
2) First Appellant Authority (First Appellate Authority) – District Deputy Registrar.
• FLOW OF A RTI APPLICATION FILED FOR SEEKING INFORMATION FROM A PRIVATE CO-OPERATIVE HOUSING SOCIETY LIMITED:
This is how it works if one would like to seek information from a Co-operative Housing Society Ltd:
1) One can file a RTI application with the Public Information Officer i.e. Deputy Registrar Co-operative Societies, where the particular Society has been registered.
2) Deputy Registrar will forward this application to the Chairman/Secretary of the Co-operative Society.
3) Chairman/Secretary of the Society will then provide the requested information to the Deputy Registrar.
4) Finally Deputy Registrar will provide the applicant with the requested information.
Please Note: At present some Deputy Registrars order/direct the Chairman/Secretary of the Society to provide the information directly to the applicant, thereby skipping the 2nd, 3rd and 4th step mentioned above, and so the Chairman/Secretary of the society will then directly provide you with the requested information under the directions/order of the Deputy Registrar.
