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RTI ACT and MCS Act 1960


Activist74

Question

To the experts,

 

Under Sec 32 of the MCS Act, records of your transaction only ( and not of other members ) can be requested from the MC.

Under Sec 2(f) & 6 of the RTI Act 2005, the DY Registrar of Cooperative societies is bound to collect the requested information from the CHS and provide to the applicant.

 

Q - As Sec 32 of the MCS ACT is limited to certain documents that can be provided, would the RTI ACT if applied allow a member to request for all documents of the society that includes members personal transactions including those not mentioned under Sec 32 of the MCS ACT ie. Society's property register , the personal ledger of members individual monthwise collections, the sale agreements etc ?

 

Thanks

AL

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4 answers to this question

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You cannot access personal information of other members under RTI Act unless you can prove prima facie larger public interest. It will be denied under section 8.1.j of RTI Act.

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Sunil Ahya

When you are seeking information Act under RTI Act, 2005, then a PIO will have to deny the requested information by quoting an exemption under section 8 or 9 of the RTI Act, and not by quoting a provision of any other Act, as follows:

 

A member of a Sty may access information under section 32 of the MCS Act from the society.

 

But, a Registrar of Sty is able to access information from a Sty under the relevant sections / provisions of the MCS Act which empowers him (Registrar) to do so, which may have a wider access to information ambit then a member accessing information under section 32 of the MCS Act.

 

Now, the Registrar having accessed that information under the provisions of MCS Act empowering him to do so, can only deny that to a RTI applicant by quoting an exemption under section 8 or 9 of the RTI Act and not by quoting a provision of the MCS Act.

 

If you feel that the information that you are seeking has a relevance to the functioning of the society, then file a RTI application seeking information, and let the PIO justify as to how the information that is being sought, is a personal information which may invade the privacy of a person.

 

By the way, the agreement for sale that you are referring to, seems to be a public document which one can access by filing a RTI application with IGR (stamp duty authority) or taking a search of the index maintained by them under Registration Act, 1908, and so, if a PIO of Registrar of Stys is holding that same information he may have to provide you with the same?

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Thanks for the two responses . However, just came across Decision No. CIC/SM/A/2011/000237/SG/12351

Appeal No. CIC/SM/A/2011/000237/SG in the case of R.S. Misra V/s Smita Sharma ( CPIO - Supreme Court). The order states RTI Act supercedes other Acts for disclosure and hence going by that order even personal info can be sought from the Housing society if I can prove the data so requested is in the larger interest of the society members.

 

The judgement is available here.

https://www.box.com/shared/9yohsn72hc#/s/9yohsn72hc/3/32325142/739457361/1

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Sunil Ahya

Please note that CIC decisions are of persuasive value and do not have a binding effect on, either other Information Commissions or on other Commissioners of the same Information Commission !

 

Kindly click on the following link for a recent CIC decision (Sept, 2012) which has a different opinion on the same subject:

 

SC, HC rules to prevail over RTI: CIC - The New Indian Express

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