Letter · Commissioner for Co-operation · 25.05.2018
RTI does not apply to a housing society — but it does apply to the Registrar
The Commissioner for Co-operation’s letter of 25 May 2018 conveys the Law and Judiciary Department’s opinion: a co-operative society is not a public authority under the RTI Act, but the Registrar’s offices must give information about a society that they hold or can obtain.
Key points
- A co-operative society is not a “public authority” under Section 2(h) of the Right to Information Act, 2005, so it is not bound to answer RTI applications from citizens.
- The Registrar and the officers under him are public authorities. Information about a society that is available with them, or that they can obtain under the Maharashtra Co-operative Societies Act, 1960, must be given under RTI.
- Members still have their own statutory right to inspect and obtain copies of society documents under the Act and the bye-laws.
What the letter says
The letter, issued by the Additional Registrar (General) with the approval of the Commissioner for Co-operation and Registrar, refers to the High Court’s decision on the subject and to a letter of the Co-operation Department dated 25.04.2018. It records the opinion of the Law and Judiciary Department:
- Under Section 2(h) of the RTI Act, 2005, a co-operative society is not a public authority, and it is not obliged to provide information sought by citizens under that Act.
- However, the Registrar of co-operative societies and the officers subordinate to him are public authorities. They are bound to provide information about any society that is available with them, or that they can obtain under the Maharashtra Co-operative Societies Act, 1960.
The Divisional Joint Registrars are directed to act accordingly and to send copies of the letter to the district and taluka offices under them.
Background
The position follows the Supreme Court’s judgment in Thalappalam Service Co-operative Bank Ltd. v. State of Kerala (2013), which held that co-operative societies that are not substantially financed or controlled by the Government are not public authorities under the RTI Act.
What it means in practice
An RTI application addressed to a housing society can be declined on this ground. A person who wants information about a society can instead apply under RTI to the Registrar’s office — for example for audit reports, election records or returns the society has filed there — and the Registrar may obtain information from the society under the powers given by the Act.
A member of the society does not need RTI at all for most documents: Section 32 and Section 154B-8 of the Act and the bye-laws give members a right to inspect and get copies of specified records on payment of the prescribed fee. See the case note on Section 154B-8 for the limits of that right.
One-page letter in Marathi. This page summarises the document for general information; it is not a translation and not legal advice. Read the document itself for its exact terms, and check whether it has since been amended or superseded.
Have a question about your society?
Write to the office with a brief description of the matter. Meetings are by prior appointment.