PRIVATE CO-OPERATIVE HOUSING SOCIETIES are not covered under sec 2(a) of the RTI Act, 2005:
Sec 2(a) “appropriate Government” means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly:
(i) by the Central Government or the Union territory administration, the Central Government;
(ii) by the State Government, the State Government.
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.
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