As per Section 2(j) of Right to Information Act, 2005 information collected may be in the form records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law. Therefore, Right to Information Act applicable to all companies except the companies which are categorized as Intelligence and Security Organizations established by the Central Government, given under the Second Schedule of the Act, as stated in Section 24. Section 24 states that the Act is not applicable for the companies mentioned in the Second Schedule; however, the section had a provision under which it is stated that if the information sought is related to allegations of human rights violation or corruption, such information is not excluded, and such information shall only be provided within 45 days after the approval of the Central Government is obtained.
This Act is not applicable to intelligence and security organization being organizations established by the State Government. If the information sought is related to allegations of corruption or violation of human rights, such information only be provided after the approval of the State Information Commission. The organizations that are not come under this Act are as follows:
- Intelligence Bureau.
- Research and Analysis Wing of the Cabinet Secretariat.
- Directorate of Revenue Intelligence.
- Central Economic Intelligence Bureau.
- Directorate of Enforcement.
- Narcotics Control Bureau.
- Aviation Research Centre.
- Special Prontier Force.
- Border Security Force.
- Central Reserve Police Force.
- I I. Indo-Tibetan Border Police.
- Central Industrial Security Force.
- National Security Guards.
- Assam Rifles.
- Sashtra Seema Bal.
- Special Branch (CID), Andaman and Nicobar.
- The Crime Branch-C.1.D.-C13. Dadra and Nagar Haveli.
- Special Branch. Lakshadweep Police.
- Special Protection Group.
- Defence Research and Development Board.
- Border Road Development Board.
- Financial Intelligence Unit, India.
Therefore, it is stated that the Act applicable to all private and public organizations except to the above stated organizations.
- What is ‘information’ according to Right to Information Act?
- Article 19 (1)(a) of Indian Constitution and Right to Information Act, 2005
- Adv. Anitha Gutti