Kindly refer the attached notice/directive/circular issued from the office of Commissioner & Registrar of Co-Op Department, Government of Maharashtra dated 30th December 2011, in said notice/directive/circular, it has been clearly mentioned that only Deputy Registrar of Concerned ward of Co-operative societies can be PUBLIC INFORMATION OFFICER under RTI Act, 2005, WHEREAS in various offices at Mumbai, the responsibility has been passed to lower staffs.
We have raised our objection before Divisional Joint Registrar of Co-Operative Department, Mumbai Region and have urged him to implement the same on priority basis.

Thanks & Regards

Dr. L.B. Tiwari
President & Head-Legal Cell
SAHAYAK–A Socio-Legal & Educational Forum

 

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