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Santosh_V

Registrar response to RTI

Question

Santosh_V

I have filed few RTIs at registar office, thane to get some information from my housing society.  When I followed up with them to know the status, I am told that information is not available with us, please follow up with society or file a case.  I am also given a confirmation letter for this correspondence (see attachment).  I  have following questions:

1. Is the response from registrar office valid?

2. Obviously the information requested from registrar is not available with them and they have to approach society to get it. If they want to reject it stating information not available with us they why do they accept it?

3. Can I complaint about it to someone?

4. Are Co-operative society covered under RTI?

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3 answers to this question

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Prasad GLN

A PIO as per RTI Act has toe ether provide the information or deny stating such exemption in Sec.8 with justification.

PIO advice in directing applicant to go society and file the case is not proper in law.

If the information is provided to him in material form, as per laid down control process, it must be provided.

For more clarity for members in the same post information in English what was exactly solicited and what was replied.

Depending on guidance received from members, go for first appeal.

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Sunil Ahya

An information pertaining to co-operative societies can be broadly classified into two categories:

(1) Information which a co-operative society is supposed to mandatorily and periodically file with the Registrar of Co-operative Societies e.g. annual returns etc.

(2) Information which a co-operative society is not supposed to file with the Registrar of Co-operative Societies and is available only at the Society's Office e.g. Minutes of Managing Committee meetings etc.

Presently the status is that:

The information which falls under category (1) above can be accessed under the provisions of RTI Act by filing a RTI application with the PIO of the concerned ward of Deputy Registrar of Co-operative Societies.

Whereas, the information which falls under category (2) above is being wrongfully denied by the PIO of Deputy Registrar of Co-operative Societies.

A writ petition on the above subject is pending before the Bombay High Court.

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Prasad GLN

If you are a member of the society, even without RTI Act you can seek such inspection of records by issuing notice.   If they refuse to provide such information, issue notice under CP Act without mentioning RTI and state that you are a member, paid such prescribed subscription, has the right to inspect the records but denied permission.  Wait for the response and file a simple complaint free of cost before District Consumer Forum.

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