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    Applicability of Sec 24(1)


    Hi

    I wish to know whether Sec 24(1) will apply to an organisation who has for some reason responded under the Act. I received an answer from R&AW concerning Netaji. I am not happy with it and want CIC to take action. But I am afraid they will cite this section.

    24 (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.


    › Find content similar to: Applicability of Sec 24(1)



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    I wish to know whether Sec 24(1) will apply to an organisation who has for some reason responded under the Act.
    I am not clear about this point?

    I am sure if information is been sought for from the R&AW, it is exempt from disclosure as you rightly quoted the clause under Section 24 http://act.rtiindia.info/index.html?section_24.php unless otherwise decided by the CIC.

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    Kushal, I am also not clear as the situation is fluid. Responding to my earlier complaint, the Chief Information Commission has ruled that R&AW is under no obligation to answer.

    My problem is that after I filed this complaint, R&AW obliged me with an answer. Since it was not clear, I asked them for a clarification. This was done. But I find that this answer is a lie. Now, since R&AW has written to me, won't they come under CIC's preview in at least this instant? Can't I now complain under 18(1), 18(1)(e)?

    regards

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    Today's Indian Express carries the following story in their city supplement. I did not know that matter pertaining to CIC, Subhas Bose and R&AW comes in the category of "local" news. Anyhow, the story is one sided and doesnt reflect the facts as they are. CIC has simply rejected my old complaint and they are not even aware that R&AW belatedly responded to me and possibly lied.

    Regards

    http://cities.expressindia.com/fullstory.php?newsid=220891

    CIC rejects appeal for RAW record on Netaji


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    Quote Originally Posted by Anuj Dhar View Post
    Hi

    I wish to know whether Sec 24(1) will apply to an organisation who has for some reason responded under the Act. I received an answer from R&AW concerning Netaji. I am not happy with it and want CIC to take action. But I am afraid they will cite this section.
    Dear Anuj,
    As the law stands today, RTI is not applicablt to agencies listed under the second schedule of the act.

    Section 24 as it reads
    1. Nothing contained in this Act shall 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 organizations 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.


    It an omnibus exemption from the RTI act. The only ground on which RTI is applicalbe to these agencies is of corruption and human rights violations

    I am afraid, that the reply of R&AW cannot be treated as reply under this act as these agencies can reply out side the perview of the RTI Act as well.
    Last edited by maneesh; 09-02-07 at 06:11 PM.

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    Dear Maneesh

    Thanx for the reply. I am sorry for being late in my response. I have written to the Chief Information Officer on this case. Whatever I hear, I will let you guys know here.

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    That would be great

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    Re: Applicability of Sec 24(1)


    Quote Originally Posted by Anuj Dhar View Post
    Dear Maneesh

    Thanx for the reply. I am sorry for being late in my response. I have written to the Chief Information Officer on this case. Whatever I hear, I will let you guys know here.
    Its four months since. Can we have an update please.

    Manoj

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