Consider the following statements :
According to the RTI Act, 2005, as far as exempted organizations are concerned, the exemption applies to
- 1. certain organizations of the Central Government as listed in the Second Schedule and to the information submitted by these organizations to Central Government.
- 2. certain organizations of the State Governments as may be notified by them in the Official Gazette, but not to the information furnished by these organisations to the respective State Governments.
Which of the above statements is/are correct ?
Statement 2 is correct. Section 24(4) allows State Governments to notify intelligence and security organizations as exempt. The proviso regarding corruption and human rights violations also applies to these state organizations. The statement correctly notes that the exemption applies to certain State Government organizations. The phrase “but not to the information furnished by these organisations to the respective State Governments” implies that information submitted by these exempted state bodies to the state government (a non-exempt entity) is not covered by the S. 24 exemption, which is consistent with the interpretation that the exemption applies to the organization and its records, not to information transmitted elsewhere.
– The exemption is primarily for the organization and the information it holds.
– Information pertaining to corruption and human rights violations is not exempt under Section 24.
– Information furnished by an exempted organization to a non-exempt public authority is generally subject to the RTI Act provisions applicable to the receiving authority, not the S. 24 exemption of the originating body.