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senthil

Are there any organization in Government not covered under RTI Act?

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senthil

I wanted to know are there any exception by which any organizations are exempt from disclosure under RTI Act?

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Shrawan

Yes the intelligence agencies specified in the secound Schedule are not bound to make available the information.

The whole list can be read here: The Second Schedule

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crusader

Does that mean that these organisations will never disclose any information, or is there some procedure by which the information can be revealed?

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Shrawan

By reason of their exemption, no citizen can approach for information the said agencies firstly in relation to any investigation, nor can they be compelled to disclose the information or the report or reports they may submit to the Government of India.

 

However, there is one exception to this exemption. This exception is about the request for information relating to corruption or human right violation. In the case of the former, the concerned organisation may be requested for the report furnished by it to the Government.

 

 

And, in the case of the later viz. the human right violations those organisations are bound to provide the information after obtaining the approval of Central Information commission. If the central Information commission is of the opinion that such report to the human right vioaltion shall not be disclosed, the intelligence agency need not respond to the request made by the citizen in this regard.

 

The decision of the central Information Commission where the disclosure of information is permissible, such disclosure shall be made within 45 days from the date of receipt of the request.

 

The decision made in this regard by the commission will be final.

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crusader

I just saw the list, is the list final? I mean can there be more agencies of the Government which can come under this schedule?

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Shrawan

The cental Government May ammend the list of institutions specified in the schedule by inclusing additional agencies or omitting certain existing ones. The notification to be made in this regard shall be laid before the Parliament so that the Parliament may examine the appropriateness of the Government's action in deleting items or adding new items to the list of exempted list.

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irseindia

are the courts exempted from this act .This appears to be view in maharastra where judiciary says that this act is not implimented in judiciary .No information regaring court cases are available except a site of mumbai high court .Ths site also does not give address of PIO

 

REcently there was news report in mumbai mirror that about 50 lacs cases are pending mumbai court & HON CJI has expressed unhappiness.how commomn man will get information

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maneesh

The RTI is applicable to court as well. If the supreme court of india is covered then high courts cannot escape RTI.

Yes there is small variance that the each court is supposed to frame its own rule for RTI act.

In case of Maharastra High court, the RTI rules is yet to be framed as appears from the news reports.

Once the rules are framed the court will provide information in terms of RTI act and RTI rules as framed by the court.

 

PS: Supreme Court of india have a section for RTI on main page.

Supreme Court of India

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irseindia

Thanks kushal for reply .Just one more quarry.Is there any time limit for framing rules under the act as already one yr is passed & mumbai high court has not framed the rules

 

will it be proper to ask CJ of high court or CJI under RTI to give time frame for framing such rules under the act .IN present case ,not framing the rule is advantageous to courts & so they may indefinitely delay the matters

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adil85

Can any one answer how an employee who works in an intelligence agency (which is exempted from providing information)can get information regardfing some service matters or job related policies or any other matter whatsoever, not related with the security or intelligence issues.For example ,delay in releasing pension or other service isues like inspection of DPC reports, disciplinary matters etc. In a case which has come to me, Kolkata Police has refused to provide developement status in some service related matter on the plea that the particular unit of kolkata Police is exempted under WB RTI rules from furnishing the information.Please suggest the ways under RTI Act or rules to tackle this situation.Going to High Court under article 226 is a costly affair for an employee,which I donot suggest to my clients due to pecuniary constraints.In most of the cases I use RTI act and more or less get responses to my favour to plead the case at the adminstrative levels.Kushal ji may kindly advise as why the information sought by the junior police staff becomes an issue of ego on the part of the SPIO`s who are normally IPS officers who do not like to reply. Why is this blockade?Is it a psychological problem?Or the senior officers are very much possessive about the information? adil

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simmi

is there any special provision for defece prsonnels if they have to use rti

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karira

No special provision.

Just apply like a ordinary citizen.

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sonalravi

What if I want to query about something or maybe I want to expose some corruption and still I don't want to my identity to be know in such a case what should I do.

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