Is RTI applicable to Co-Operative Societies

The central government legislated a law with the name “The right to information Act, 2005” applicable to all government departments and government and semi government organizations. the co-operative societies are not government or semi-government organizations and hence the central act is not applicable to them. However the co-operatives do have their own RTI under section 139 of the DCS Act, 2003 and Rule 165 of the DCS Rules, 2007 as follows:-

Section 139 of the DCS Act, 2003 says that:—

(1) Any member of creditor having interest in the affairs of the co-operative society may seek information relating to any transaction of the co-operative society and for that purpose may be provided a certified copy of any document within 30 days from the date of receipt of application relating to such transaction on payment of such fee as may be prescribed.

Note: If the applicant under the RTI Act do not get any information from the society, he/she can file Appeal to the Registrar of Co-operative Societies Under Section 139(2) of the DCS Act, 2003. The Registrar has the power to impose penalty up to Rs.10,000/- on the delinquent Society or Officer of the Society for not replying or refusing to reply any question asked in the application.

 

 

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19 Comments

  • Diya Parmar says:

    I am the member of a group housing society in Dwarka. I was late in paying my instalments so the society did not include my name in the DDA draw of flats. Society put up my case before the office of the registrar. The case was fought for sometime and then the registrar declared we should pay penalty of around 13 lakhs for late payment. I paid the said amount in 2006. Registrar instructed the society to include my name in the next draw after I pay required interest. Society asked me to pay around 10 lakh interest. I was not told how they reached this amount. As I had no other option, I paid the amount in March 2012. I was told that the society would send my name to the registrar for allotment of the flat by March 31st 2012. But they did not send the name for a long time. Finally on 26th July 2013 the DDA drew lots and I was allotted a flat in the society.
    Now the society is asking me to pay another Rs. 4,50,000 before I can take the possession of the flat.
    The flat is in a horrible state. Society has been using it as a store.
    Can I file RTI regarding the amount of money they have been asking me to pay over the years ? Does the society have the right to ask for whatever amount they feel like? How can I get some legal help?
    Thanks

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  • pisho says:

    Is Section 139 of the DCS Act of 2003 applicable to societies in Maharashtra after 2013 amendment? I doubt it.

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  • Guptaji says:

    I am a member of a Cooperative Group Housing Society in Delhi. I need a copy of Form 8 from Society. How should i proceed and what are my rights? Can Society deny it? if Yes, on what grounds and how can i get from Society

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  • Manas Rajvaidya says:

    Respected, I was a member of cooperative group housing society in Bhopal. I was alloted the land under the rules and regulations by paying the peticular ammount. But somehow I was unable to make registry that time. Now it is almost 10 years. My question is, is it possible to register my land. And if it can be done so how can i get the duplicates of those legal documents and the procedure of registry.

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  • Harish Kumar says:

    What do you do when two groups time and again interchange executive positions each time both are corrupt, these 25 -30 people run the show in a society of 295 members, all others are spectators and Registrar supports both the groups.

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  • dilp says:

    Sir, i dont the bye laws. but as per the bye laws of cooperative society it is known that society cannot take more than rs.25000/- as a part of donation or development fund while selling the room. ours is a 13 plot society where there is no maintenance required, Everyone hold the bungalow plot separately and a society is established in that 13 plot but in my case society from nasik city has taken rs. 75000/- from me as a development fee. when i ask the society it is out of rule they told me that it was decided in AGM and passed by all members. Please suggest me the way so i can claim for the balance amount from society thank u very much

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  • ARNAB MUKHERJEE says:

    Please help me for that, I Sri ARNAB MUKHRJEE, is a Railway employee under Indian Government was transferred from Sealdah Division/ Eastern Railway to Mysore Division/South Western RAILWAY on August 2013. When I was in an Eastern Railway I was got a membership HOLDING CTO/ 4483 and SF NO/44057 on 20/03/1999 of NORTH-EAST FRONTIER RAILWAY CO-OPERATIVE BANK LTD. When I am In KOLKATA and taken a loan from that bank on 24/09/2010 from its continuation the said EMI was deducted from salary and the loan was recovered normally.
    After transferred here, my said EMI was deducted normally and send to the said Bank in every month as usual, but when I was appeal to that bank for ensuring to acknowledge my sending vouchers from this zone, but they were unbelievably silent of my all letters.
    When I did not get any minimum accepting of my all delivered letters then I was compelled to try know in above matters through RTI. My RTI postal order no: 33F- 020185 Dated: 02/07/20015. And how funny! They ignored also RTI’S answer. And till date they were not necessary to inform me. I did not get any answer of my question that, which cheques sending by Sr.DFM/MYS to that said bank, what is the destination of that said cheques. Evenly that said cheques has not returned to this division also.

    Then I shall want to know my current status through the Reserve Bank of India (Kolkata Branch).

    Now I further to compel to know my current status (current balance amount and current required amount) for closing that loan account (as per salary slip my pending EMI left on 7th).

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  • renu saini says:

    How much Society can charge for the photocopy of the document as required under the RTI keeping in view that Group Housing Society is not a Public Authority and members of Management Committee are holding honourable position. Please clarify.

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  • very nice information in simple language,any body can understand easily

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  • GANGADHAR NAVEEN says:

    SIR , I AM NAVEEN (WRITING THIS ON BEHALF OF MY FRIENDS) . WE ARE FROM VISAKHAPATNAM , ANDHRA PRADESH . WE ARE PRESENTLY PURSUING A POSTGRADUATE DEGREE IN COOPERATION AND RURAL DEVELOPMENT . WE ARE IN THE FINAL STAGE OF OUR COURSE . WE HAVE BEEN TAKEN TO 10 FIELD VISITS TO 10 DIFFERENT COOPERATIVE SECTORS . WE NEED TO WRITE THE GENERAL DATA ( SUCH AS DATE OF REGISTRATION OF THE SOCIETY , DATE OF STARTING , OBJECTIVES OF THE SOCIETY , FUNCTIONING OF THE SOCIETY ) FINANCIAL PARTICULARS ( SUCH AS BALANCE SHEET AND PROFIT AND LOSS STATEMENTS ) AND BYELAWS OF THOSE 10 COOPERATIVE SOCIETIES IN OUR RECORD . WE NEED TO SUBMIT ALSO THE IN-DEPTH STUDY RECORD OF ONE OF THE COOPERATIVE SOCIETY IN THOSE 10 Coop. SOCIETIES AS A PART OF OUR COURSE .

    MAIN PROBLEM :

    EACH AND EVERY COOPERATIVE SOCIETIES WHICH WE HAVE VISITED MAINTAINED TRANSPARENCY AND GUIDED US IN WRITING OUR RECORDS . THEY PROVIDED US WITH ALL THE DATA SUCH AS 5 YEARS OF FINANCIAL PARTICULARS , BYE LAWS OF THE SOCIETY ETC ETC .
    EACH AND EVERY SOCIETY (PACS, DCCB (A.P), MARKETING SOCIETY , CHODAVARAM SUGAR Coop. SOCIETY , KANAKA MAHALAKSHMI Coop. BANK , NAGULAPALLI WEAVERS COOPERATIVE SOCIETY LTD ), EVERYONE PROVIDED US INFORMATION AND SUPPORTED US IN BEING A PART OF DEVELOPMENT IN COOPERATIVES .

    BUT THERE IS ONE SOCIETY NAMED [ VISHAKHA MAHILA CO OPERATIVE SOCIETY LTD ] WHICH REJECTED US TO SHARE THEIR INFORMATION . THEY DID NOT SHARE THEIR FINANCIAL PARTICULARS , THEY DID NOT EVEN GIVE US ATLEAST A XEROX COPY OF THEIR BYE LAWS . IT IS VERY UNFORTUNATE TO ME AND FOR SOME OF MY FRIENDS THAT WE WERE ASSIGNED TO DO IN-DEPTH STUDY ON THAT VISHAKHA MAHILA CO OPERATIVE SOCIETY LTD BY OUR PROFESSOR . BUT THE SOCIETY IS NOT WILLING TO SHARE ANY OF THEIR FINANCIAL PARTICULARS WITH US . WE COULD NOT WRITE OUR IN-DEPTH RECORDS DUE TO THE LACK OF INFORMATION ON THAT SOCIETY . THIS SOCIETY IS REGISTERED UNDER [ ANDHRA PRADESH MUTUALLY AIDED COOPERATIVE SOCIETY ACT , 1995 ] ALL THE FAMILY MEMBERS OF THAT SOCIETY’S [M.D] OWN INDIVIDUAL SOCIETIES. HIS WIFE , DAUGHTER, SON , SON IN LAW, EVERYONE HAVE THEIR OWN SOCIETY . I THINK THATS THE REASON WHY ITS REGISTERED UNDER MUTUALLY AIDED COOPERATIVE SOCIETIES .

    THE MAIN PROBLEM IS : WITHOUT INFORMATION WE CANNOT WRITE OUR RECORDS .

    FIRST WE PLANNED TO PROCEED THROUGH ” RTI “. BUT AFTER KNOWING THAT ‘Co-operative societies don’t fall within ambit of RTI Act’ , WE ARE DEPRESSED , THE CHIEF MANAGER OF VISHAKHA MAHILA COOPERATIVE SOCIETY IS ADAMANT AND UNWILLING TO SHARE INFORMATION . WE ARE STUDENTS WHO LEFT OUR GOLDEN CAREERS WITH HIGH SALARIES IN THE FIELD OF TECHNOLOGY , AND WE HAVE STEPPED FORWARD TO WORK IN COOPERATIVE SECTORS FOR LOW SALARIES AND DETERMINED TO CHANGE THE PHASE OF COOPERATIVES . BUT IF THERE IS NO FINANCIAL TRANSPARENCY , HOW ARE WE SUPPOSED TO GAIN AN INSIGHT ON THE THINGS WHICH LEAD TO PROFITS OR LOSSES IN THE PRECEDING / PAST YEARS . WITHOUT THE ANALYTICAL AND STATISTICAL DATA , HOW CAN WE GAIN AN INSIGHT ABOUT THE STRATEGIC FUNCTIONING OF THE COOPERATIVES .

    WE NEED THE 5 YEARS FINANCIAL PARTICULARS ( AT LEAST AUDITED FINANCIAL REPORTS ) OF THAT INSTITUTION AND THEIR BYELAWS AT ANY COST . SO , PLEASE SUGGEST US THE BEST LEGAL WAY TO TACKLE THIS SITUATION AND SUCCEED IN OBTAINING THE INFORMATION FROM THEM.
    THANK YOU FOR PROVIDING THE OPPORTUNITY TO ADDRESS OUR PROBLEMS RELATED TO COOPERATIVES . WE WILL AWAIT YOUR REPLY SIR.

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  • GANGADHAR NAVEEN says:

    LET ME ADD SAYING THAT , IT IS AN INDIVIDUAL COOPERATIVE SOCIETY . GOVERNMENT’S CONTRIBUTION TO ITS SHARE CAPITAL IS —NIL—

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  • krishna says:

    some of ex-employee ask the previous audit sheets and reports under RTI act but we dont had any records iam the new secratary of the society.we are not interested to give him records please suggest me to avoid to give records under RTI act

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  • Nitesh Prasad says:

    Hi, i am a member of Co-operative society of Mumbai Area. My society is going for Redevelopment under SRA Scheme. In our society there are 76 rooms. Now we has a society have approached for Redevelopment under SRA.

    There are 76 room in our society, now at time of verification conducted for house by BMC and SRA Authorities our secretary has shown 78 room and same has been supported by Builder.

    As secretary has selected builder for redevelopment, our secretary has asked for 2 extra room as favour which seems to be illegal.
    Now i wanted to know whether only 76 room which are valid is passed or 78 room has been passed for Redevelopment.

    Please suggest me how to get the details for the number of rooms passed under redevelopment scheme.

    Please help.

    You may reach me on niteshprasad3@gmail.com

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  • Sarah says:

    Sir my father who expired in 2006 has a flat allotted in his name in dwarka group housing society. The property came under dispute due to probation case which got finalised in may2016. Now as class 1 legal heir my mother is claiming the possession of flat. But the society president are not cooperating at all. First they told us to make Relinquishment Deed in favour of my mother. And when we did that they said its not required and RCS is only governing authority that will guide us. We have reached RCS office and they know that they simply has to give the order to the President but still they are taking time. Its been 8 months. We really dont know how to make them perform their suties. There are dues pending like ground rent, etc which also has to be cleared. We are waiting for the society to give the possession so that we can clear the dues and proceed with conveyance deed.
    P.S my father has not taken the possession even once as he was employed abroad
    Please guide us. Thanks

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  • Sarah says:

    Thank you sir. Just one more opinion please. Do we have to clear the ground rent or other maintenance charges of society, then only the society will hanover the flat to us?
    Regards

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  • Gopal das says:

    Sir I am working in District central co-operative bank as a branch in charge. Someone has file a rti in seeking about a particular pacs. He is asking about the commission transportation etc cost earn by the society, sir please suggest me should I disclose the above said or to deny. If deny than what will be appropriate answer for this rti

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  • gagandeep singh says:

    Subject Matter.
    A. (i) The “Punjab Co. operative Societies Act 1961, under section 23 provides that “The Final
    Authority in a Co. operative Society shall vest in the General Body of Members”.
    (ii) The Rules framed under Section 85 of the Pb. Co. Op. Societies Act 1961 provide under 85(i) ‘
    The Govt. may for any Co. Operative Society or Class of Such Societies , make rules to carry
    out the purpose of this Act. Further under 85(2)(xxxviii) qualification for the ………………… and
    Employees of a Society or class of Societies and conditions of Service to which persons may
    be employed by Societies.
    (iii) That Unaware of any “Approved Service Rules as also any guidance from the Co. op. Deptt;
    at Amritsar and the need of & necessity of employing Employees for smooth working ,
    The TELECOM EMPLOYEES URBANE SALARY EARNERS THRIFT/CREDIT CO.OPERATIVE SOCIETY
    LTD; H.O. AMRITSAR,(registered since Sept.1963), in its General Body Meeting(attendance
    503/743), held on 15/11/1996 added Bye-Law No. 27(viii) in its Bye-Laws , which is as follows
    “Frame & approve Service Rules for Society Employees’ was registered By Asstt.
    Registrar Co. Op. Society Amritsar-II under his No. ARA/4896 dated 05/05/1999.
    (iv) That The Telecom (Telephone) Employees Urban Salary Earners Co. Operative Thrift/Credit
    Society Ltd., Ho. Amritsar in its Annual General body Meeting held on 14-10-1999 attendance
    678/878 earlier approved Service Rules & then revised Service Rules, were approved in the
    General Body Meeting held on 08/09/2007, & thereafter one separate Service Rules, were
    approved by the General Body Meeting held on 11-10-2008 (attendance 589/918) for the
    Secretary.
    DURING THE LAST 15 YEARS THE COOPERATIVE (EXECUTIVE AUTHORITIES
    DURING THEIR VISIT/ INSPECTION REPORTS AND THE COOPERATIVE AUDIT DEPARTMENT
    AUTHORITIES DURING YEARLY AUDIT REPORTS, NEVER RAISED ANY OBJECTION DURING
    YEARLY AUDITS AND EXAMINATION ON PROCEEDING BOOKS, CONTAIN SERVICE RULES FOR
    SOCIETY EMPLOYEES & ALSO ON THE BASIS OF THOSE SERVICE RULES , WAGES WERE
    REGULARLY PAID AS ALSO SALARIES , HONORARIUM & OTHER ALLOWANCES CONTINUED TO
    BE PAID TO THE EMPLOYEES.

    Information Required / Requested
    1. Are there any approved Service Rules for Employees working in Urban Salary Earners Thrift &
    Credit Co. Operative Societies Ltd., By the Govt. or by the Registrar. Copy of the same may be
    Supplied.
    2. Is there any law or Rule or Standing order from the Govt./Registrar whereby requiring Urban
    Salary Earners co. operative Thrift & Credit Cooperative Societies to seek approval of
    Co. operative Authorities in respect of Service Rules Framed by Urban Salary Earners Thrift &
    Credit Co. Operative Societies Ltd., themselves , to run their Business ? If so, copies of the
    same, kindly be supplied.

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  • pawan katyal says:

    Sir, I want to know whether RTI act is applicable ot Cooperative Housing Societies at Chandigarh and if applicable under which section.

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  • ASHOK M. MULGUND says:

    Sir .
    1) Can a member give PA (power of attoerny) to attend meeting and ask for documents such as copies of minutes .
    2) Can the PA holder ask documents ( minutes ) under RTI .
    3) Is RTI act is applicable to Co-op Housing Society Thanks

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