Question: Cooperative housing society

[jolly good man]

Hi all,

Is RTI applicable to Cooperative group housing societies in Delhi. I heard Karnataka High court has said in one its orders that RTI is not applicable.

Can any one file RTI in the Registrars office and they can forward the same to the society for reply ?

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[ambrish.p]

Sponsorer

Sandeep ji

Coopetive socities in Delhi are under RTI act. As per Delhi Coopertive Socities Act, Section 139 an RTI Application can be filed with society itself or can file the same with RCS office.

Please see (point no. 165): http://rcs.delhigovt.nic.in/DCSRules2007.PDF

AND

http://www.rtiindia.org/forum/758-ov...elhi-govt.html

RTI India - Threads Tagged with cooperative society

reagrds

[jolly good man]

Thanks for your reply. But what about the order of the karnataka High court. Is it not valid in Delhi.
Thanks

[sandeepbaheti]

Co-Operative Societies are not public authorities under RTI Act anywhere in India (unless some SIC misinterprets the meaning of "constitution" to include registration under a law).
The provision for filing application seeking information can be filed under Delhi Co-Operative Societies Act. The procedure is separate from and not covered under RTI Act 2005.
There are several disadvantages of this process:
1) Application can be filed only by a creditor or member of the society having some interest in the matter
2) the fee is Rs 10 per page payable in cash or by pay order only
3) An appeal against the decision of the information officer lies with the Registrar of Co-operative Societies who is himself notorious for persistent violation of RTI Act 2005
4) Information older than 5 years cannot be asked except for some records identified as "permanent records"
5) The amount of penalty is discretionary and subject to a maximum of Rs 10000

Hence it is advisable to apply under the RTI Act 2005 only.
Your RTI application will go to the PIO, o/o RCS. He will obtain the information from the society and provide it to you. Alternatively, he can direct the society to provide you the information directly.

[jolly good man]

Thanks a lot for your advice.