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  1. #1
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    Default Rti applicable to co.op.housing society


    Hello all,

    I was very disappointed by the reply to my query in earlier thread "co.op.housing society" which set to be closed, reponse by karira.

    Actually, in that post i didn't asked any help regarding my court cases as i too understand before signing up into this org. site as it's for RTI purpose only. I only intend to write a short breif that what for i m biased to ask info from co.op.housing society and at the end i seek the help how to use rti and it's applicable to co.op.housing society. But it was very sad to read the replies of one of the member "Karira".

    Anyway, still i kept hope to get favourable replies from the respected members of this forum, and to make as in simple i pen down my query:
    1. whether the RTI applicable to co.op.housing society ?
    2. whether my said question would be answered by the society ?
    3. whether the RTI application should be preferred or a plain application to the society, as i m a member of the society?
    4. Even if i preferred plain application for seeking a information being a member of the society, the society would repsonse or they deny bcoz. of non payment ?
    5. If, i would have to seek info thru RTI, then to whom it should be noticed ?
    6. How to get the society is funded by govt. as society having accounts at District Central Co-Operative Bank.

    Any other valuable suggestion of the forum member on the rti act on part of co.op.housing society would be highly appreciated.

    Regards,



  2. #2
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    C J Karira
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    Default Re: Rti applicable to co.op.housing society


    As the Moderator of this forum, it is my job to see that the posts on this forum focus exclusively on ONLY one topic: The RTI Act 2005.

    If we allow members like you to digress and ask for help/guidance/answers to non RTI related queries.....it will defeat the main purpose of this forum, which is given at the top of the home page:

    Welcome to RTI INDIA, the biggest community in web for Right to Information.

    Trusted by Lakhs of People, RTI INDIA is the leading help Portal for Right to Information in India. We have fully dedicated and active members helping in matters of your concerns. You have not posted in the forum as yet. Why not start a new post to introduce yourself to our community! Click here to introduce yourself!

    If you have a question please post it at our RTI QUERY segment and members of our active community would help you in that.

    The RTI INDIA Team welcomes you to join our friendly community of over 100 thousands members and RTI enthusiasts.


    This will also result in our regular members, who are here only for the purpose of discussing RTI matters, to get unhappy and leave the portal - thus robbing other members/guests of their valuable advice and suggestions on RTI.

    In your posts, stick to RTI.
    No harm will be done.
    Your posts will not be deleted and the thread will not be closed.


    It also seems that you have not bothered to read the Rules of the Forum.

    These are available here: http://www.rtiindia.org/forum/conten...rum-rules.html
    Read Rules Nos. 15 and 16.
    @cjkarira

  3. #3
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    Default Housing Society


    Hello all,

    my query:
    1. whether the RTI applicable to co.op.housing society ?
    2. whether my said question would be answered by the society ?
    3. whether the RTI application should be preferred or a plain application to the society, as i m a member of the society?
    4. Even if i preferred plain application for seeking a information being a member of the society, the society would repsonse or they deny bcoz. of non payment ?
    5. If, i would have to seek info thru RTI, then to whom it should be noticed ?
    6. How to get the society is funded by govt. as society having accounts at District Central Co-Operative Bank.

    Any other valuable suggestion of the forum member on the rti act on part of co.op.housing society would be highly appreciated.

    Regards,

  4. #4
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    C J Karira
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    Default Re: Rti applicable to co.op.housing society



    riyz,

    Two thread started by you have been merged into one.
    Do not start new threads with the same query/post.
    You will only end up confusing yourself and increase the work load of moderators - who are all here on a voluntary basis.
    Just by posting your query many times, will not result in anyone answering them faster !
    @cjkarira

  5. #5
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    SHAH
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    Default Re: Rti applicable to co.op.housing society


    I have applied RTI u/s 2f of rti act 2005 to the co.op.housing society at the department of dy. registar along with my queries. Adays back i recieved letter from the dy. registar stating

    That they you are the member of the society, contact the said society u/s 32 and potniyam no.23 otherwise collect information by filin application, and same will be informed by us to the society.

    In above stated information, your application from this office treat to be closed.

    If you want to appeal in this regards, you may contact Mr. XYZ appleal authority within 30 days of this letter.

    Dy. Registar

    XXXXXXXXXXX

    at the end of this letter.....

    copy mark :
    To,
    Chairman/Secretary.
    XXXX co.op. Housing Soc.

    You have been informed that mr. AAAAA his applicatoin on dt. --/--/10 copy enclosed with this letter. Upon request made by applicant u/s 32 & potniyam no.23, the copy of necessary document nos. to be given. And the process of this to be feed back to registar office.

    Dy. Registar .

    XXXXXXXX[/B]


    KINDLY ADVISE ME THE MEAN OF THIS REPLY OF REGISTAR.
    IS THAT , I HAVE TO GO TO THE SOCIETY ALONG WITH THIS LETTER AND TAKE THE ANSWER OF MY QUERIES.
    IS THAT, I HAVE TO MAKE ANOTHER APPLICATION TO THE SOCIETY FOR SEEKING SUCH INFO BY REFERING THIS LETTER.
    OR
    WHAT THIS LETTER EXACTLY MEAN TO SAY ME ABOUT MY QUEIRIES AND WHAT'S SECTION 32 AND POTNIYAM 23.

    YOUR VALUABLE SUGGESTION IS HIGHLY APPRECIATED.

    REGARDS

  6. #6
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    Default Re: Rti applicable to co.op.housing society


    Co-operative Society is a State subject and hence every State has enacted it's own Act e.g. Maharashtra Co-op. Sty Act, 1960, Kerala Co-op. Sty Act, 1969.

    Mumbai High Court (Nagpur Bench) & Karnataka High Court has decided that unless a Co-op. Sty is funded by Government it is not directly covered under the RTI Act.

    Whereas Kerala High Court has decided that Co-op. Stys are Public Authorities (irrespective of whether funded by Government or not) and hence directly covered under the RTI Act, but this judgment is only applicable to Co-op. Stys registered under Kerala Co-op. Stys Act, 1969 and not applicable to Maharashtra.

    So at the present moment in Maharashtra you will not be able to file your RTI application directly to your Society, but as you have rightly done you will have to file it with the Deputy Registrar (your ward) of Co-operative Societies.

    The reply given by DR is incorrect and you should file a First Appeal with the FAA, and then subsequently take it further to the State Information Commission and hope for the best.

    Perseverance will lead to justice.
    "It is elementary that what is binding on the court in a subsequent case is not the conclusion arrived at in a previous decision" "A case is only an authority for what it actually decides and not what may come to follow logically from it. Judgments of courts are not to be construed as statutes" - Supreme Court in AIR 1982 SC 149 (at p.231).

  7. #7
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    SHAH
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    Default Re: Rti applicable to co.op.housing society


    Dear,

    I have make an application attached the letter copy of the DY. Resgistar to the society secretary / chairman. Sjould i wait any reponse from the society on this regards and after that i should file appeal to the FAA. I have 20 days with me for making appeal.
    Is't right to go for appeal, as the DY. Registar said in his letter, if you are a member of the society you may seek information directly from the society. Is that if i would not get any info. from society then i have to approached the appeallate authority.
    Also, the Dy. Register has mark a copy to the society Secretary /Chairman along with my RTI application queries and directed the society secretary to provide me the reliable info asked in the application.

    A days back i approached to the society secretary along with my fresh application and a letter copy of Dy. REgistar, but secretary acting as smart and refused to take my applciation with acknowledgment, secretary asked me give but i'll not sign has recieved the application in any where, and directed me to sent it by post. And talking as a lack of knoweldge about society laws and ignore of having such RTI act etc... so, it's my curiosity to get my info and to show them such laws are exist and working for the private body's.

    All of Yours valuable advise would be highly appreciated on this regards.

    awaiting for prompt reply.

    kind regards

  8. #8
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    Default Re: Rti applicable to co.op.housing society


    The DR was supposed to provide you with the requested information withing 30 days of the receipt of your RTI application.

    You do not have to wait for any event to happen before you file a First Appeal.

    I would suggest you file a First Appeal with the FAA, without waiting.
    "It is elementary that what is binding on the court in a subsequent case is not the conclusion arrived at in a previous decision" "A case is only an authority for what it actually decides and not what may come to follow logically from it. Judgments of courts are not to be construed as statutes" - Supreme Court in AIR 1982 SC 149 (at p.231).



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