RTI ACT

Originally posted by : Mathi Alagan
	Is RTI Act is applicable to a cooperative society ?

 

RELEVANCE OF RTI IN CO-OPERATIVE HOUSING SOCIETY

Section 2(f) of Right to Information Act, 2005 states that " 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. As per Section 2(f) information can be accessed by a Public Authority from a private body. Hence in this scenario, co-operative housing society is a private body and the Registrar of Co-operative Societies is a public authority.

HOW IT WORKS

Co-operative Housing Societies are not directly covered under Right to Information Act, 2005. But, as per section 2 (f), stated hereinabove they are indirectly covered through the office of Deputy Registrar of Co-operative Societies. The same can be done by making an RTI application to Deputy Registrar of the ward.

Yes. Right to Information Act, 2005 will be applicable to Co-Operative Societies.

We have tried and collected information with Co-Operative Societies through Registrar of Co-operative Societies. It is under the control of Public Authority. We have sought information for Co-operative Banks recruitment, and it was replied by the Registrar of Co-operatives with the direction of RBI.

Hence, that any one can collect information by making an RTI Application to the Concerned.

The Notice Board of our Primary Agricultural Cooperative Society shows:

           SPIO: Paid Secretary

           Appellate Authority: President.

Thank u sirs"

In Tamilnadu, a clarification has been issued by the Regisrar of cooperative societies that the cooperative institutions are not covered under the RTI Act.For this clarification an order by Tamilnadu Information commission is cited as basis.Ironically a judgement of the Supreme Court confirming the Judgement of the Kerala High Court is referred as authority, which was issued based on an appeal filed against the Kerala High Court order which held any private society or group will not be considered as Public Authority.But the Cooperative Societies are Registered under the State Act and verily they are Public Authorities and covered under that RTI Act .As no appeal was filed against the Information Commission order, the Registrar of Cooperative Societies Chennai too had to reverse its stand and issued a wrong clarification that Coop.Societies in Tamilnadu are not covered under the RTI A ct.So, The RT Act in Tamilnadu has been kept under suspension at present so far as the Cooperative Societies/ institutions in Tamilnadu.

As per Punjab & Harayana High Court, co-operative Society is a public authority under the RTI Act. See Hindu Urban Cooperative Bank Ltd. v. State Information Commission and others, CWP No.18224/2006 decided on 9.05.2011. As per Bombay and Karnataka High Courts, they are not. See Dr.Panjabrao Deshmukh Urban Co-operative Bank, Amravati vs. State Information Commissioner, Vidarbha Region, Nagpur and Others, WP No. 5666 of 2007, decided on 13.1.2009 and S.S. Angadi v. State Chief Information Commissioner (Kar), 29.02.2008 respectively. These decisions are a bit old-ish so follow these lines of judgments and find out what's the latest position in a respective State.

As per Punjab & Harayana High Court, co-operative Society is a public authority under the RTI Act. See Hindu Urban Cooperative Bank Ltd. v. State Information Commission and others, CWP No.18224/2006 decided on 9.05.2011. As per Bombay and Karnataka High Courts, they are not. See Dr.Panjabrao Deshmukh Urban Co-operative Bank, Amravati vs. State Information Commissioner, Vidarbha Region, Nagpur and Others, WP No. 5666 of 2007, decided on 13.1.2009 and S.S. Angadi v. State Chief Information Commissioner (Kar), 29.02.2008 respectively. These decisions are a bit old-ish so follow these lines of judgments and find out what's the latest position in a respective State.

Having said that, whatever information of the co-op society has been filed by the society by the registrar of co-op societies is liable to be disclosed to you. So apply to the RCS. But not beyond that (subject, like I said, to the respective High Court's position).

Thank u sir"

1.   In lieu of your query, kindly prefer to visit the following link, for answers to most your queries:

https://www.lawyersclubindia.com/articles/RTI-Act-Applicability-to-Cooperative-Societies-5437.asp

Keep Smiling .... Hemant Agarwal
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