Exempted Organizations Under RTI Act, 2005

 

Article

Exempted Organizations Under RTI Act, 2005

The Right to Information Act, 2005 empowers the Central & State governments to exempt some of their intelligence and security organizations such as Intelligence Bureau, Research and Analysis Wing of the Cabinet Secretariat, Director of Revenue Intelligence, Central Reserve Police etc. form the purview of the Act.

The Act also provides that the Central or State governments may exempt similar other agencies by notifying them, where required. This can be done only in respect of intelligence or security organizations established by the central or state government, as the case may be, by including or excluding them in the second schedule through a notification.  

However, these agencies do not enjoy absolute immunity. They shall have to provide information in respect of cases involving corruption and those relating to human rights violations.

Exempted Agencies by Central government: This Act shall not apply to the intelligence and security organizations specified in the Second Schedule, being organizations established by the central government or any information furnished by such organization to that government as per section 24 (1). 

Powers to amend Second Schedule: The Central government has been empowered to amend the second Schedule by including therein any other intelligence or security organization established by that government or omitting there from any organization already specified therein. On the publication of such notification, such organization shall be deemed to be included in or omitted from the schedule. [Section 24 (2)]

Likewise, the State governments have also been given powers to notify such intelligence and security organizations established by them under the laws enacted by them. Some of the state government like Haryana, Rajasthan, Maharashtra, Tamil Nadu governments have issued notifications in this regard. 

Exemption not to provide information is not absolute: These agencies have to provide information regarding any allegation of corruption or act of human rights violation sought by citizen. The Act provides that the information pertaining to the allegations of corruption and human rights violations shall however not be excluded. [Proviso to Section 24 (1) & 24(4)]

Designation of Public information Officer and first Appellate Authority: As the exempted organisations have to respond to requests for supply of information relating to any allegation of corruption or act of human rights violation the Commission has advised the Cabinet Secretariat to designate officers at the appropriate level as Public information Officer and first Appellate Authority to facilitate dealing with requests from citizens including where necessary in areas covered by the first proviso to Sec 24 (1). Likewise, the other exempted organisations too have to designate their Public information Officer and first Appellate Authority to facilitate disposal of RTI requests.

Information to be given with approval of Commission: The Act provides that information sought for in respect of allegations of violation of human rights the information shall only be provided after the approval of the Central or the State Information Commission. As such the Public Information Officer cannot dispose of the request at his level and the matter will have to be referred to the appropriate Commission. [Proviso to Section 24 (1) and 24(4)]

Time frame for disposal of RTI requests – 45 days: In the case of exempted organisations permissible information shall be provided within forty-five days from the date of the receipt of request, after approval by the Commission. [Proviso to Section 24 (1) & 24(4)]

Laying of Notifications: The notifications issued by Central government for including or omitting any intelligence/security agency under sub-section 2 of Section 24 shall be laid before each House of Parliament. Similarly all notifications issued by the respective State governments in this regard are to be laid before the State Legislature. [Section 24(5)].
Immigration details not provided:  The immigration details sought by an appellant in respect of a particular individual which is collected and maintained by the Intelligence Bureau being is an organization figuring in Schedule II, cannot be provided. As such, the Commission held that there is no scope for disclosure of the information maintained by a Schedule II – organization, whether or not it is classified as sensitive or non-sensitive.
 

THE SECOND SCHEDULE

(See section 24)

Intelligence and security organisation established by the Central Government

 

1. Intelligence Bureau.

2. Research and Analysis Wing of the Cabinet Secretariat.

3. Directorate of Revenue Intelligence.

4. Central Economic Intelligence Bureau.

5. Directorate of Enforcement.

6. Narcotics Control Bureau.

7. Aviation Research Centre.

8. Special Prontier Force.

9. Border Security Force.

10. Central Reserve Police Force.

11. Indo-Tibetan Border Police.

12. Central Industrial Security Force.

13. National Security Guards.

14. Assam Rifles.

15. Special Service Bureau.

16. Special Branch (CID), Andaman and Nicobar.

17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.

18. Special Branch, Lakshadweep Police.

19. Central Bureau of Investigation.

 


FAQs

Q.1. Can information regarding progress of an investigation made by CBI be shared under RTI Act.

Ans. 1 No

Q.2. Can the information regarding purchases made be shared in respect of exempted organisations?

Ans. 2 No

 

Location: India

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