An adjunct decision by CIC on application under RTI

[pn gupta]

 

An Adjunct Decision by CIC on application under RTI

The managing committee of our society has also been behaving in an absolute autocratic manner and several complaints referred to RCS have never been even acknowledged.

I made an application under RTI to the President/Hony. Secretary of the group housing co-op society of which I am a member in the month of May 2011 seeking certain information pertaining to the society capital expenditures and other arbitrary expenses. Since the requested information did not come in I followed the routine procedure of filing an appeal with Registrar of Society and then with the CIC.

The CIC after hearing in the matter directed the respondent to submit the information within 15 days. Since the respondent still did not respondent as directed by the CIC, I took up the matter with CIC again who issued a notice to the respondents and notified a date for the hearing. During the hearing the respondents were represented by an advocate, who stated ‘the said society has not been formed by any act of Parliament or Legislature or notification issued by the Government. He also stated that it is not owned or controlled nor has it been financed by the Government. He therefore contended that the society is not a Public Authority under section 2(h) of the RTI Act.’

Based on the respondents submission The CIC has given an Adjunct decision which is quoted below:

“The society does not appear to be Public Authority as per the provisions of section 2(h) of the RTI Act and therefore is not subject to the provisions of the RTI Act”

I must confess that I am not well aware of the rules and therefore, request for further guidance from DF.

Meanwhile I have requested the CIC for review citing (i) DCS Act 2004 notified vide extra ordinary notification no. F-14(31) LA-2004 dated 17.01.2005 in part-IV Delhi Gazette and (ii) mentioning that section 2(h) should be read along with section 2(f) and 2(j)

However, I feel if the order is not challenged, it will not be in the interest of members of the co-operative societies.

I also like to mention that I was personally not present during the hearing due to bad health and also was not called for the hearing.

P.N.Gupta

[Mahendra Kumar Gupta]

Dear Guptaji, Kindly refer the last line of your mail that you were not called for hearing.  This should not have happened.  CIC is duty bound to send notice to both the parties.  U should ask the CIC reasons for non calling you in the hearing.

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[Vinod Sharma]

Dear Gupta Ji,

A cooperative Group Housing Society is not public authority. Separate provision has been made under section 139 of the DCS Act 2003 and Rule 165 of DCS Rules 2007 for seeking information from the Society MC. You may please refer to these provisions.

Regards

Vinod Sharma

[N. Ramakrishnan]

Sir,   Cooperative Societies don't fall under the category of public office hence RTI is the route to extract information. As Vinod stated in his email, you have to take recourse to the procedure prescribed in Section 139 of the DCS Act read with Rule 165.   The MC of every society is to decide on one person who will get appointed as ""Information Officer"" of the society (i.e. President, Secretary or the Treasurer). In your society, if you have an Information Officer, you should address the request to such person or address it directly to the President. In case the information is forthcoming, the next step is appeal to RCS and the procedure is prescribed in the DCS Rule itself.    Rama  --- On Wed, 5/9/12, Vinod Sharma <vino...@gmail.com> wrote:

[REJIMON C K]

mr. gupta,

As mentioned below by rama and vinod.

The CGHS socities does not come DIRECTLY under RTI Act 2005. However there is RTI provision under DCS Rule 2007 which enable you to seek info from society and if they dont provide then you can appeal to Asst Registrar of your zone as mentioned below rules.

You are also free to file RTI with AR of your zone in RCS office to seek info pertain to RCS office and files related to your society.

Probably the IC made misatake without realising the scope earlier order inadvertantly.

 

Any society or instition runs in Autocratic can be booked to regular if People come forward. Show the strength of the people then it would be easy.

Yes initially you may be alone but with passing of time and if its right cause and larger interest, people start joinging. Its not an easy affair a tough.

 

All the very best.

REJIMON C K.

Sent over wireless Network ... Google Nexus Phone.

http://www.facebook.com/#!/pages/RejimonCK/180529618720807

 

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