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Right to Information/ Transparency/ Accountability/ Right to Hearing | HC brings RWAs, registered societies under RTI ambit -Shilpy Arora

HC brings RWAs, registered societies under RTI ambit -Shilpy Arora

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published Published on May 14, 2019   modified Modified on May 14, 2019
-IANS

GURUGRAM (Haryana): The Punjab and Haryana high court has issued an order, directing all societies (RWAs and others) registered under Haryana Registration and Regulation of Society Act, 2012, to provide information to public under provisions of the RTI Act, 2005.

According to the order, all documents filed by a registered society with the district registrar under 2012 Act are public documents and can be accessed by any citizen under provisions of the RTI Act. The court clearly said RWAs can’t escape from RTI and have to provide information to public. “Every society registered… shall be liable to supply requisite information against the fee prescribed by the society,” states the order (a copy is with TOI).

Interestingly, all registered societies have to appoint a public information officer and first appellate authority to provide information to public under RTI, and levy a prescribed fee for it. If the fee is not prescribed, it can be as per the fee prescribed under Haryana Right to Information Rules.

Both officials and residents welcomed the move. District registrar of societies Ishwar Singh told TOI, “It’s an important order as RWAs were always reluctant to share information with public. I’m glad Haryana took the lead in implementing the Societies Act, which have now been brought under RTI by the court. Not only will it ease the process, as residents can directly seek information from RWA, but will also bring transparency. Moreover, complaints received in our office will now come under RTIs, which could be used as solid evidence in case of any clash or controversy. This will help resolve many complaints.”

“Even though the 2012 Haryana society act states that RWAs are liable to provide information under RTI, most RWAs claimed they were non-governmental organisations, making the extraction of information extremely difficult. I’m glad with the clarification in the high court’s order. Now, RTI responses will help resolve many issues,” said Abhay Puniya, who has been active with various city RWAs for 20 years.

RWAs have often been criticised for misusing funds collected for the society’s upkeep. “As Gurugram has many residential societies and people pay maintenance for upkeep of common areas, street lights, etc., several RWAs have become money syphoning machines. They lack transparency and accountability. It takes years to get information on how much has been spent on what,” said Karan Atreja, a resident of Sector 57.

The directions were given in a civil writ petition — Saraswati Welfare Association Vs. Pradeep Kumar Raparia and others. The petition challenged an order of the State Information Commission (SIC), Haryana, directing all RWAs registered under the 2012 Act to implement RTI, which was given on a complaint by Raparia.
 
 
The Times of India, 14 May, 2019, please click here to access 

The Times of India, 14 May, 2019, https://timesofindia.indiatimes.com/articleshow/69315436.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst&fbclid=IwAR2wKY_ZKRPYfLhn8Gls


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