Section 24 RTI Act: Act not to apply to certain organisations
Right to Information Act, 2005
Section 24 RTI Act at a Glance
Section 24 RTI Act keeps listed Central and notified State intelligence and security organisations outside the RTI Act. Information on allegations of corruption and human rights violations is not excluded, and human rights information is given within 45 days after Information Commission approval.
Section 24 RTI Act Bare Act Text
24. Act not to apply to certain organisations.
(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid before the State Legislature.
Section 24 RTI Act in Simple Words
Section 24 RTI Act places specified Central and State intelligence and security organisations outside the RTI Act, subject to exceptions for allegations of corruption and human rights violations. Under Section 24(1) RTI Act, nothing in the RTI Act applies to intelligence and security organisations established by the Central Government and specified in the Second Schedule. The same exclusion covers any information furnished by those organisations to the Central Government.
Two provisos limit Section 24(1) RTI Act. Under the first proviso, information pertaining to allegations of corruption and human rights violations is not excluded under Section 24(1) RTI Act. Under the second proviso, where the request seeks information relating to allegations of violation of human rights, the information must be provided only after the approval of the Central Information Commission. Even though Section 7 RTI Act sets a 30-day limit (or 48 hours where life or liberty is concerned), human rights information under the second proviso must be provided within 45 days from the date of receipt of the request.
Under Section 24(2) RTI Act, the Central Government may amend the Second Schedule by notification in the Official Gazette. Such a notification may include another intelligence or security organisation established by the Central Government or omit an organisation already specified in the Second Schedule. Once the notification is published, that organisation is treated by law as included in, or omitted from, the Second Schedule. Under Section 24(3) RTI Act, every notification issued under Section 24(2) RTI Act must be laid before each House of Parliament.
Section 24(4) RTI Act sets the rule for State bodies. Nothing in the RTI Act applies to intelligence and security organisations established by a State Government that the State Government specifies from time to time by notification in the Official Gazette. Two provisos limit Section 24(4) RTI Act in the same way: information pertaining to allegations of corruption and human rights violations is not excluded, and information relating to allegations of violation of human rights must be provided only after the State Information Commission approves, within 45 days from the date of receipt of the request despite Section 7 RTI Act. Under Section 24(5) RTI Act, every notification issued under Section 24(4) RTI Act must be laid before the State Legislature.
When Section 24 RTI Act Applies
- For the Central exclusion under Section 24(1) RTI Act, the body must be an intelligence or security organisation established by the Central Government and specified in the Second Schedule, or the request must seek information furnished by such an organisation to the Central Government.
- For the State exclusion under Section 24(4) RTI Act, the body must be an intelligence or security organisation established by the State Government and specified by notification in the Official Gazette.
- Under the first proviso to Section 24(1) and Section 24(4) RTI Act, information pertaining to allegations of corruption and human rights violations is not excluded.
- Where the information sought relates to allegations of violation of human rights, the Central Information Commission or State Information Commission must approve disclosure first, and the information must be provided within 45 days from the date of receipt of the request despite Section 7 RTI Act.
- Every notification amending the Second Schedule under Section 24(2) RTI Act must be laid before each House of Parliament under Section 24(3) RTI Act, and every State notification under Section 24(4) RTI Act must be laid before the State Legislature under Section 24(5) RTI Act.
Example of Section 24 RTI Act
When Section 24 RTI Act Does Not Apply
- Under the first proviso to Section 24(1) and Section 24(4) RTI Act, information pertaining to allegations of corruption is not excluded under Section 24(1) or Section 24(4) RTI Act.
- Under the first proviso to Section 24(1) and Section 24(4) RTI Act, information pertaining to allegations of human rights violations is not excluded under Section 24(1) or Section 24(4) RTI Act, though disclosure requires approval of the Central Information Commission or State Information Commission and is subject to a 45-day period from receipt of the request.
- Under Section 24(2) RTI Act, once the Central Government publishes a notification in the Official Gazette omitting an organisation already specified in the Second Schedule, that organisation is deemed omitted from the Second Schedule.
FAQs on Section 24 RTI Act
What is Section 24 RTI Act?▼
Section 24 RTI Act excludes intelligence and security organisations established by the Central Government and specified in the Second Schedule, information furnished by those organisations to the Central Government, and intelligence and security organisations established and notified by a State Government from the RTI Act. Under its provisos, information pertaining to allegations of corruption and human rights violations is not excluded, and human rights information requires Information Commission approval and must be provided within 45 days.
Can an applicant seek information about allegations of corruption from an organisation covered by Section 24 RTI Act?▼
Yes. Under the first proviso to Section 24(1) and Section 24(4) RTI Act, information pertaining to allegations of corruption is not excluded under Section 24(1) or Section 24(4) RTI Act.
What is the time limit for providing information on human rights violations under Section 24 RTI Act?▼
45 days. Under the second proviso to Section 24(1) and Section 24(4) RTI Act, information sought in respect of allegations of violation of human rights must be provided within 45 days from the date of receipt of the request, after the approval of the Central Information Commission or State Information Commission. That 45-day limit applies despite the 30-day and 48-hour limits in Section 7 RTI Act.
Does Section 24(1) RTI Act also cover information that a Second Schedule organisation furnishes to the Central Government?▼
Yes. Section 24(1) RTI Act states that nothing in the RTI Act applies to any information furnished by an intelligence or security organisation specified in the Second Schedule to the Central Government, subject to the provisos on allegations of corruption and human rights violations.
How can an organisation be added to or removed from the Second Schedule under Section 24 RTI Act?▼
By notification in the Official Gazette. Under Section 24(2) RTI Act, the Central Government may publish a notification in the Official Gazette to include another Central intelligence or security organisation in the Second Schedule or omit one already specified. Under Section 24(3) RTI Act, every such notification must be laid before each House of Parliament.
Can a State Government exclude State intelligence and security organisations under Section 24 RTI Act?▼
Yes. Under Section 24(4) RTI Act, a State Government may specify intelligence and security organisations established by that State Government by notification in the Official Gazette, and every such notification must be laid before the State Legislature under Section 24(5) RTI Act. Information pertaining to allegations of corruption and human rights violations is not excluded, and human rights disclosures require State Information Commission approval within 45 days.
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Sources: Bare Act Text, Right to Information Act, 2005 ·