Government has vide notification No. G.S.R. 442(E) dated 09.06.2011 exempted CBI from thr purview of RTI Act, 2005. This has been done by inserting the CBI Name in Second Schedule of the RTI Act. The Second Schedule of the RTI Act exempts certain Public Authorities under the Central Government from disclosure of information under the RTI Act 2005. However, these Public Authorities have to respond to RTI Applications which pertain to subjects of Human Rights and Corruption. As per Section 5(1) of the RTI Act and the instructions of DoPT, they are also supposed to have a PIO and a AA.
As on 21.06.2011 Following is the list of Organisations which are Exempted from disclosure of information under the RTI Act 2005.
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 Frontier 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. Sashastra Seema Bal.
16. Directorate General of Income-tax (Investigation) .
17. National Technical Research Organisation.
18. Financial Intelligence Unit, India.
19. Special Protection Group.
20. Defence Research and Development Organisation.
21. Border Road Development Board.
Added vide No.G.S.R.726(E) dated 8 October 2008
22. National Security Council Secretariat
Added Vide notification No. G.S.R. 442(E) dated 09.06.2011
23. Central Bureau of Investigation (CBI)
24. National investigation Agency (NIA)
25. National Information Grid (NIG)
Similarly, some States within the union has also exempted certain Public Authorities in the respective states, from the purview of the Act.
The text of the notification is as follows:-
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 9th June, 2011
G.S.R. 442(E).—ln exercise of the powers conferred by sub-section (2) of Section 24 of the Right to Information Act, 2005 (22 of 2005), the Central Government hereby makes the following further amendments in the Second Schedule to the said Act, namely
In the Second Schedule to the Right to Information Act, 2005, after serial number 22 and the entry relating thereto, the following serial numbers and entries shall be added, namely:
“23. Central Bureau of Investigation.
24. National Investigation Agency.
25. National Intelligence Grid.”. –
[F. No. 1/3/2011-IR]
RAJEEV KAPOOR, Jt. Secy.
Note :—The Schedule w the Right to Information Act, 2005 was amended vide notification numbers :—
(i) No. G.S.R. 347, dated 28th day of September, 2005;
(ft) No. G S.R. 235(E), dated 28th day of March, 2008; and
(ii) No. G.S.R. 726(E), dated 8th day of October, 2008.