I am a member of a Housing cooperative society registered under societies Act, Tamilnadu. The Association is not circulating the minutes of the Annual General Body meetings. The Bye laws of the society says under the heading "the duties of the office bearers- secretary" that "The secretary on receipt of the requisition signed by the member of the Association asking him for permission to inspect the proceedings of the minutes book or any other records of the association ,permit him to do so after obtaining permission of the President, thereon, provided that the requisition is received a week in advance of the proposed inspection . He shall not however allow the member to take the records out of the Registered officeof the Association under any circumstanses whatsoever or to take copies there of" They contend that there is no provision in the bye laws for minutes of the meeting to be circulated. I feel the provision in the bye laws are only for the minutes of the Manaing Committee meetings and not for AGM which is the policy making body.
Whenever I ask for the copies of the AGM to be circulated to all the members they take shelter under the above clause of the bye laws and refusing to gie the minutes.
Does the RTI act applies to the housing cooperative societies and can I ask for the official minutes of the AGM iunder RTI?? Can any one respond to my query please!!!!
Thanks for your response. But I have come across the following some where in the internet.
"• PRIVATE CO-OPERATIVE HOUSING SOCIETIES ARE COVERED UNDER WHICH SECTION OF THE RTI ACT:
Co-operative Societies are covered under section 2 (f) of the RTI Act, 2005.
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.
• PIO & FAA OF REGISTRAR OF CO-OPERATIVE SOCIETIES:
1) Public Information Officer (PIO) - Deputy Registrar.
2) First Appellant Authority (FAA) - District Deputy Registrar."
I would like to know whether this applies to all the societies and in all the states in India?
That is only for "information" that the Registrar can access from the Coop Society.
You have to check the Cop Society Act in your State. Under that Act, check if the Registrar has powers to seek a copy of the minutes.
If yes, then you can file the RTI application with the PIO of the Registrars of Cop Society office.
But you cannot file a direct RTI application with the Coop Society directly.