Co-op societies and RTI

Srinivas Murthy

Please clarify me that house building co-operative societies will comes under RTI 2005 or not ! , if so please provide me the Acts and sections of the same.

 

I C Naik

The authoritative answer is in the latest judgment of Apex Court in Thalappalam Ser.Coop.Bank Ltd.& … vs State Of Kerala & Ors. on 7 October, 2013

Paragraph 54. We, therefore, hold that the Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of “public authority” as defined under Section 2(h) of the RTI Act and the State Government letter dated 5.5.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies, Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed in the absence of materials to show that they are owned, controlled or substantially financed by the appropriate Government.

In other words House Building Co-operative Societies would not come under RTI Act unless they are owned, controlled or substantially financed by the appropriate Government.

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