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RTI- Any expert on co-operative matter?


shrivar1212

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shrivar1212

Hello,

I require help on co-operative issue. I had filed the RTI with the PIO, Dy registrar of co-op societies seeking information on affairs of society.

The PIO has replied stating that the information I am seeking is available with co-operative society. My query is:

1] Can PIO direct an applicant to private body for information?

2] The society in question comes under the jurisdiction of the PIO, since PIO is public authority and co-operative society a private body, is it not duty of PIO to seek information from society and give it to me? How can PIO direct me back to society? This is RTI application, either I have to appeal or I have to forego. I cannot complaint against reply. So I want to approach FAA, under what grounds can I?

3] What kind of violation PIO has committed by directing me back to private society? 

4] Does co-operative society come under the purview of RTI ACt?

Your views are appreciated. I am fighting lone battle with corrupt system. 

 

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Prasad GLN

Sorry, you may not find expert in this forum on matters beyond ambit of RTI but the following guidance is general in nature.

The bench mark to look as to whether an entity is within ambit of RTI is there must be substantial contribution by Government.

Substantial  means without Govt's help that organization can not function.  For example if a society wants Rs.50 lakhs for it's functioning, and Govt is providing minimum Rs.30 lakhs, and if govt stops that grants society can not function.  In those cases one can seek information under RTI  from that society.  (The legal terminology is "without such assistance from Govt., the society/organization cease to exist)

Co operative societies and private concerns are beyond ambit of RTI Act.

However, if any co-operative society that is under control of Registrar has submitted such statements before public authority, as a supervisory/control process those documents that are available with Sub Registrar are certainly public record.

If you are a member of society, in your own capacity as member, even without any RTI you have right to seek such information from that society in which you are a member, by writing simple letter as notice to Secretary.

If I am in a position, i will enclose the letter written by PIO and write a formal letter to secretary to provide the information as directed by supervisor/controlling authority.

It is always proper to post the exact query of information sought, so that members can guide you in a befitting manner.

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