Rti act
cchs1962
(Querist) 12 January 2014
This query is : Resolved
I am resident of Cooperative Housing Society Ltd. under Gujarat Cooperative Housing Society Act 1961. I wanted to know that is Cooperative Housing Society Ltd. covered under RTI act and as a society we are liable to give any information of the society records to the claiming legal heirs of the society members?
Dr J C Vashista
(Expert) 12 January 2014
Read the provisions of Gujarat Cooperative Housing Society Act 1961, it is mentioned
Advocate. Arunagiri
(Expert) 12 January 2014
All the cooperative Socieites comes under RTI Act.
Dr J C Vashista
(Expert) 12 January 2014
Recently Supreme Court has decided against the same and they (Cooperative Societies) are not under the preview of RTI Act, 2005
Advocate. Arunagiri
(Expert) 12 January 2014
Thank you Dr.Vashista to pointing out the decision of the SC. Yet, the judgement does not say that all the Co-opeative societies are out of RTI purview.
This judgement differentiates the coop socieites into two:-
A Category:- Cooperative societies owned or controlled or substantially financed by the State or Central Government or formed, established or constituted by law made by Parliament or State Legislature.
B Category:-- All other cooperative societies.
The supreme court says only the B category will not come under the RTI act.
I reproduce the order of the Supreme Court
"12. We are in these appeals concerned only with the co-operative societies registered or deemed to be
registered under the Co-operative Societies Act, which are not owned, controlled or substantially financed by
the State or Central Government or formed, established or constituted by law made by Parliament or State
Legislature."
"51. We have found, on facts, that the Societies, in these appeals, are not public authorities and, hence, not
legally obliged to furnish any information sought for by a citizen under the RTI Act. All the same, if there is
any dispute on facts as to whether a particular Society is a public authority or not, the State Information
Officer can examine the same and find out whether the Society in question satisfies the test laid in this
judgment.
The complete judgement is http://indiankanoon.org/doc/37517217/
The judgement if SC is applicable to certain societies, and had directed the State Information Officer to find out which cooperative societies comes under RTI act.
Isaac Gabriel
(Expert) 12 January 2014
Thanks to Expert Advocate Arunagiri for having clarified the matter with the Supreme court Judgement.
R.K Nanda
(Expert) 12 January 2014
agree with experts.
cchs1962
(Querist) 13 January 2014
Hon'able Adv. Shri Goyalji: Thanks for the in-depth advice. Kindly let me know is my society bound to give information under RTI Act 2005.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
The author may go through expert Arunagiri's advice once again to know about his position.
Raj Kumar Makkad
(Expert) 14 January 2014
I do endorse the wise advice of Arunagiri.
