DNA: Mumbai: Monday, March 06, 2017.
If you were
planning to file an RTI application with your society and the matter reaches
the information commission, chances are that you will be told that co-operative
housing societies (CHS) are not covered under RTI Act as yet. The State Chief
Information Commissioner (SCIC) in its stand on the recent high court order has
stated that the court order nowhere states that co-operative institutions are
public authority and covered under RTI.
A recent
judgement given by Aurangabad Bench of High Court on February 13, 2017 by
Justice Sangitrao S Patil and Justice TV Nalawade had got some activist
interpreting that it brings the CHS under RTI Act.
When DNA
contacted Ratnakar Gaikwad, SCIC, he said, "In fact, we are following the
same principle that information available with registrar has to be made
available to information seekers. Even charity commissioner is always directed
to provide available information. Nowhere, judgment says, co-operative
institutions are public authorities."
Activists too
have differing interpretations. "The order categorically does not state
CHS are public authority but as per the 97th amendment to the Constitution,
cooperatives are now in the same list as Gram Panchayats and hence public
authorities. The interpretation may not be agreeable now but two years down the
line, it will have to be agreed upon. The amendment is clear on that and the
interpretation of the order leads to that," said Vijay Kumbhar, an RTI
activist who first circulated the order.
Former
central information commissioner, Shailesh Gandhi said that while there could
be exceptions when there is substantial funding or when an administrator is
running the show at a CHS, they are not public authorities as yet.
"Although I would be very happy that they are covered under RTI, this
judgement does not say so," said Gandhi.
"But
this order makes one thing very clear. Any co-operative society cannot deny
information that is not exempted under section 8 of RTI Act to the registrar of
co-operative society. The registrar will also have to call information from the
co-operative societies if they are not exempted and provide them to the
applicant even if they are not keeping records of it. To declare that a housing
society is covered under RTI in thisjudgement is a debatable matter because the
judgement does not give clear indication," said Bhaskar Prabhu, member of
Mahiti Adhikar Manch, a body that works for awareness of RTI.
Jalgaon
Jillha Urban Cooperative Banks Association Ltd. had approached court with
contention that as per provisions of section 2(h) and section 8 of the RTI Act,
they are not public authorities. Section 2 (h) talks about the definition of
the public authority and section 8 about exemptions under the RTI Act.
It also
pleaded that registrar of societies or its subordinates should stop insisting
the co-operatives to pass on information in respect of the conduct of business
and other things of the societies to the members or even general public under
the provisions of the RTI Act or give it away themselves when given to them.
While the
court order went on to state that co-operative institutions cannot deny
providing information to the authorities, it did not state anything on them
being public authorities as per interpretations of information commission and
some RTI experts. It, however, negated institution's arguments that since they
are "private body" and share information in "fiduciary
relationship" their information should not be given.