Co-operative Housing Societies covered under RTI Act ?

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.
J.B.Patel (Jeby)
Housing Society Activist!
Mobile:9820538570

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20 Comments on “Co-operative Housing Societies covered under RTI Act ?”

  1. […] Co-operative Housing Societies covered under RTI Act […]

  2. rajiv gupta says:

    Can a member of the society directly ask for information under RTI from the President of the Society of which he is a member rather than going through the PIO

    • ashok kumar jha says:

      In my opinion member of the society can not ask information under RTI directly from Secretary/President of the private housing society.

  3. Rimsha Ali Syed says:

    What can be done for minorities who are not allowed to celebrate their festivals in majority of other religions

  4. H k lal says:

    Informations under RTI were requested in 2011 from district cooperative officer, district- Bokaro. The DCO sent my application to the secretary Bokaro S employees Housing society limited to provide the information. Secretary replied that Housing society does not come under RTI and information were not given.The facts remains that SAIL -Bokaro Steel Plant has nominated the top 3 posts ( President, secretary and Treasure) for governance of the society for last 7 years and has provided and continuing few facilities without any charge for last 25 years.
    Does this Housing Society come under RTI act? Did this Housing society fall under RTI in the year 2011-12? As of today does this society is covered under RTI act? How a member of this society can obtain informations related to this housing society.

  5. om somani says:

    Our Yeshwant nagar co opl hsg sct ltd,goregaon, west are very much torture us by various ways,
    pl. suggest remedis.

  6. Jagdeep says:

    A person who having shop in our society but he could not pay any maintence from the possession of shop. and asking society balance sheet, profit and loss a/c. In annual meeting is not coming . He given shop on rent without inform society. we already given all years balance sheet & profit and loss a/c to the rent person who is available in shop. now he send one notice by registered A/D from his leaving address / on newspaper letterhead with court stamp to society . that you provide all 05 years accounts of society. Shall we give him or not. He did not pay any maintence to society and water bill also. It Is MMRDA Project Bldg . Which is we transfer one place to another place.
    Kindly give us favourable reply so, we can take action on the member of bulding

  7. Nanda Kukreja says:

    what happens if the document that is required is with the dy registrars office.. can that be got by the rti act of chs

  8. Vinayak Mahamunkar says:

    I have applied for the documents i.e copies of the minutes of Managing committee meetings for certain period under RTI Act 2005 to the Information Officer, P- Ward, Mumbai He unable to give the said information stating that the record is not with the Registrars’ office. I gone in appeal to the Dy..Registrar, of P- Ward, however, he also not considered my appeal application and unable to give the papers.He verbally order in appeal to the information officer to write to the Office bearer of the society to provide the papers, till today no letter has been sent to the society.I request the Dy. Registrar i.e. appealate authority to issue order to the Secretary/Chairman of the Hsg. Society under section 78/79 of the Maharashtra Societies Act 1960 or take suitable action against the society.No action has been taken by the Dy.Registrar,P-Ward office.Kindly advise me whether I have to make an appeal to the Information Commissioner,Mumbai for the same.

  9. Nandkumar Patki says:

    Chairman of our society not ready to sign on my share certificate, I am the second party of that flat. I was deposit the certificate to bank for loan in 2012. now I sell my flat. I want to transfer this certificate to buyer.(Third party) I need to transfer share certificate initially on my name & then it can be transfer on the buyer of my flat. Please guide me what to do? How can Chairman refuse to sign it as it is old. He told me take sign of former Chairman on it. How the former Chairman sign on it, as he is not the member current commitee.

  10. Ajit says:

    A co-operative housing society using television connection to private party and the society implemented in their rules to take connections to this party only. Please guide me what to do take another connections i.e. videocon, d2h and others

  11. SYDNEY ROY says:

    Though I am not owner of any flat in our CHS, I would like to seek information from Chairman who have passed a resolution to remove me from the post of EXPERT DIRECTOR for which; I was co opted as per bye law No. 114-116. The reason being was guiding the society to follow bye laws and other guidance Chairman with vested interest to expend the money as her wish and I had difference of opinion.. I referred the matter to Dy Registrar who sent; my complaint to Society, but they did not send any reply except saying that I am not owner.He being quasi judiciary authority and an administrative head over co op housing society, shroud get reply from Society. Now I prefer to file RTI.through Dy registrar who is PIO

  12. Nitesh Prasad says:

    Hi,

    Myself Nitesh Prasad from Prasad co-op housing society (Kandivli W) which is going for re-development under SRA-SLUM REHABILATION AUTHORITY Scheme wherein we will get Develop flat of around 269 sq.ft.

    Now few core members has made MUD House a month before BMC officer has came for home verification and builder has supported them with help of BMC officer to pass a new home under the same society. This will benefit them with a extra flat in the upcoming building.

    From inception of society there were 76 rooms in the society. Now i want to know how many room has been passed by BMC and Builder under SRA scheme.

    Please guide me to get these details from RTI or any other Information Act.

    Thanks.

  13. विनायक महामुणकर. says:

    माहिताचा अधिकार कायदा 2005 हा सहकारी ग्रुहनिर्माण संस्थांना लागू नाही. असे न्यायालयाचा निर्णय आहे.परंतु उपनिबंधक कार्यालयाकडे सभासदांने एखादा अर्ज माहिती मिळविण्यासाठी अर्ज केला तर ताे अर्ज उपनिबंधक कार्यालय साेसायटीकडे फक्त पाठवुन देते परंतु त्यानंतर काेणताही पाठपुरावा करीत नाही. अपील केले तर कागदपत्रे संस्थेकडे असल्याने तेथुनच ती घेण्यांत यावीत असे आदेश दिले जातात. दुसरे अपील केले तरी तेथेही अपील फेटाळले जाते.शेवटी संबंधीत सभासदास सातत्याने पत्रव्यवहार करूनही कागदपत्रांच्या प्रती मिळत नाही. साेसायटींच्या पदाधिका-यांची ही मनमानी चालु राहते.ही वस्तुस्थिती काेणालाही नाकारता येणार नाही. याबाबतीत मी प्रत्यक्ष अनुभव घेतलेला आहे. असाच अनुभव इतर सभासदांनाही अालेला असण्याची शक्यता नाकारता येत नाही.
    म्हणून सहकारी ग्रुहनिर्माण संस्थानाही माहिती अधिकार कायदा 2005 च्या कक्षेत आणावयास पाहिजे असे माझे मत आहे. साेसायटीच्या आदर्श उपविधी आणि सहकारी कायदा 1960 अाणि सहकारी नियम 1961 मध्ये जी माहिती संस्थेने सभासदांस देणे आवश्यक आहे ती सुद्धा दिली जात नाही. म्हणूनच माहिती अधिकार कायदा साेसायट्यांना लागू करणे अत्यंत आवश्यक आहे.

  14. Saifuddin says:

    Hello, Sir

    This is case where the society was instructed by the registrar to delete the name of the person since many years and this was done without registered release deed or court orders for the missing person.
    Can the RTI be of any help to know the papers on the basis it was transferred and is the deputy registrar liable to give the true certified copies of the papers on the basis on which this order was passed.

    Your early attention to the matter will support and shall be appreciated.

  15. S P Bhatt says:

    I have had tried to get information on monthly progressive expenditure statement. They always avoid providing this on one or the other pretext. Can I kindly be guided how to get info through RTI and where to apply. Can I apply through mail? I live in DWARKA in Coopetative GH Society. Please if your guidance sent to me by mail. Regards

  16. satish shah says:

    i would like to ask you can we make RTI AGAINST chairman/secretary

    for society accounts and payment made to developer and allowing illegal construction in parking area and society minutes book and other relevant problem
    please guide me and oblige


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