Going by the " letters " of the act , Societies does not fall within
the ambit of the RTI act 2005. Section 2(h)(d)(ii) specifies that
substancially financed NGOs are also PAs and are within the ambit of
RTI act. Since societies are generally self financed and work on " no
profit no loss" principle, only those info that are mandatory to be
submitted with registrar of societies by the the societies , can be
had from the PIOs of concerned registrar office.
But going by the spirit of the act , as specified in preamble of the
act also , " EACH & EVERY ORGANIZATION PERFORMING A PUBLIC FUNCTION ,
is a Public Authority " . Going by this societies should appoint PIOs
& AA and reply all RTI queries as a PA.
Now it is for the info-commissioner as to which view he is subscribing.
In the case of shailmala kumari , the society had a pio who replied
then info-commissioner , when approached , should have decided the
second appeal as per the RTI act . if info-commissioner has dismissed
the case , there are two ways
1- move to high court
2- raise a complain with the governor u/s 17 against the info-commissioner
urvashi sharma
8081898081
On 10/23/10, shailmala kumari <shailmala1@yahoo.co.in> wrote:
> Hi All,
> With respect to this topic I would like to share my experience and know your
> views.
> Actually my father had filed for RTI for a plot of land with a cooperative
> society in Patna:
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