Wednesday, April 18, 2007

RIGHT TO INFORMATION ACT

1. When did it come into force?
It came into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions came into force with immediate effect viz. obligations of public authorities [S. 4(1)], designation of Public Information Officers and Assistant Public Information Officers [S. 5(1) and 5(2)], constitution of Central Information Commission [S. 12 and 13], constitution of State Information Commission [S. 15 and 16], non-applicability of the Act to Intelligence and Security Organizations [S. 24] and power to make rules to carry out the provisions of the Act [S. 27 and 28].
2. What is the coverage of the Act?
The Act extends to the whole of India except the State of Jammu and Kashmir. [S. 1(2)]
3. What does information mean?
Information means any material in any form, including 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 for the time being in force. [S. 2(f)]
4. What does right to information mean?
It includes the right to:
  • inspect works, documents, records.
  • take notes, extracts or certified copies of documents or records.
  • take certified samples of material.
  • obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. [S. 2(j)]

5. What are the obligations of public authority?

The public authorities were expected to publish within one hundred and twenty days of the enactment:

  • the particulars of its organization, functions and duties;
  • the powers and duties of its officers and employees;
  • the procedure followed in its decision making process, including channels of supervision and accountability;
  • the norms set by it for the discharge of its functions;
  • the rules, regulations, instructions, manuals and records held by it or under its control or used by its employees for discharging its functions;
  • a statement of the categories of the documents held by it or under its control;
  • the particulars of any arrangement that exists for consultation with, or representation by, the members of the public, in relation to the formulation of policy or implementation thereof;
  • a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
  • a directory of its officers and employees;
  • the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
  • the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
  • the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
  • particulars of recipients of concessions, permits or authorizations granted by it;
  • details in respect of the information, available to or held by it, reduced in an electronic form;
  • the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
  • the names, designations and other particulars of the Public Information Officers. [S. 4(1)(b)]

6. What is not open to disclosure?

The following is exempt from disclosure:

  • information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
  • information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
  • information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
  • information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
  • information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
  • information received in confidence from foreign Government;
  • information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
  • information which would impede the process of investigation or apprehension or prosecution of offenders;
  • cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of the Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
  • information which relates to personal information and the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person;
  • Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. [S. 8]

7. Is partial disclosure allowed?

Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [S. 10]

8. What does a "public authority" mean?

It means any authority or body or institution of self-government established or constituted:

  • by or under the Constitution;
  • by any other law made by Parliament;
  • by any other law made by State Legislature;
  • by notification issued or order made by the appropriate Government and includes any body owned, controlled or substantially financed by the appropriate Government or any non-Government organization substantially financed directly or indirectly by the appropriate Government. [S. 2(h)]

9. Who is excluded?

Central intelligence and security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID) - Andaman and Nicobar, The Crime Branch-CID-CB - Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. The Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S. 24)]

10. Who are 'Third Parties'?

A third party means a person other than the citizen making a request for information and includes a public authority. Third parties have a right to be heard in respect of applications and appeals dealing with information submitted by them to the Government in confidence. [S. 2(n) and 11]

11. Who are Public Information Officers (PIOs)?

PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO. [S. 5]

12. What are the duties of a PIO?

  • PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render all reasonable assistance to the person making the request orally to reduce the same in writing. If the information requested for is held by or its subject matter is more closely connected with the functions of another public authority, the PIO to which such application is made, shall transfer, within 5 days, the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer. [S. 6(1)]
  • PIO may seek the assistance of any other officer as he or she considers necessary for the proper discharge of his or her duties. [S. 5(4)]
  • PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: Provided that where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request. [S. 7(1)]
  • if the PIO fails to give decision on the request within the specified period, he shall be deemed to have refused the request. [S. 7(2)]
  • where a request has been rejected, the PIO shall communicate to the person making the request - (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the appellate authority. [S. 7(8)]
  • PIO shall ordinarily provide information in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. [S. 7(9)]
  • where access is granted to a part of the record, the PIO shall give a notice to the applicant, informing:
    a. that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
    b. the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
    c. the name and designation of the person giving the decision;
    d. the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
    e. his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided. [S. 10(2)]
  • if information sought has been supplied by third party and has been treated as confidential by that third party, the PIO, shall, within 5 days from the receipt of the request, give a written notice to such third party of the request and of the fact that the PIO, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information. [S. 11(1)]
  • the third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice. [S. 11(2)]

13. What is the procedure for requesting information?

  • the request should be in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, to the PIO, specifying the particulars of the information sought for. [S. 6(1)]
  • the reasons for seeking information are not required to be given. [S. 6(2)]
  • the fees as may be prescribed should be paid. [S. 6(1)]

14. What is the time limit to get the information?

  • 30 days from the date of application. [S. 7(1)]
  • 48 hours for information concerning the life and liberty of a person. [S. 7(1)]
  • a maximum of 5 days shall be added to the above response time, in case the application for information is given to a public authority and the required information is held by another public authority or the subject matter of which is more closely connected with the functions of another public authority. [S. 6(3)]
  • if the interests of a third party are involved, then the time limit will be 40 days (maximum period + time given to the party to make a representation). [S. 11(2)]
  • failure to provide information within the specified period is a deemed refusal. [S. 7(2)]

15. What is the fee?

  • the application must be accompanied by such fee as may be prescribed which shall be reasonable. [S. 6(1), 7(1) and 7(5)]
  • if further fee representing the cost of providing the information is required, then the details of further fee must be intimated in writing together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1) of section 7. The period intervening between the despatch of the said intimation and payment of fee shall be excluded for the purpose of calculating the period of thirty days referred to in sub-section (1) of section 7. [S. 7(3)(a)]
  • the applicant can seek a review of the decision as to the amount of fee charged by the PIO by applying to the appropriate appellate authority within the prescribed time limit. [S. 7(3)(b)]
  • no fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. [S. 7(5)]
  • the applicant shall be provided the information free of charge where a PIO fails to comply with the time limits specified in sub-section (1) of scetion 7. [S. 7(6)]

16. What could be the grounds for rejection of a request for access to information?

  • if the request for access to information is covered by the provisions of section 8. [S. 8]
  • if the request for access to information infringes the copyright subsisting in a person other than the State. [S. 9]

17. Who are the appellate authorities?

  • First Appeal: the first appeal may be preferred to such officer who is senior in rank to the PIO in the concerned public authority within 30 days from the expiry of the prescribed time limit, if the decision is not received within the prescribed time limit or from the receipt of such a decision, if the person is aggrieved by a decision of the PIO. The delay may be condoned by the appellate authority if sufficient cause is shown that the appellant was prevented from filing the appeal in time. [S. 19(1)]
  • Second Appeal: the second appeal to the Central Information Commission or the State Information Commission, as the case may be, shall lie within 90 days from the date on which the decision should have been made by the first appellate authority or was actually received from the first appellate authority. The delay may be condoned by the Commission if sufficient cause is shown that the appellant was prevented from filing the appeal in time. [S. 19(3)]
  • the appeal against the order made by a PIO under section 11 to disclose third party information shall be made within 30 days from the date of the order. [S. 19(2)]
  • the onus to prove that a denial of request was justified shall be on the PIO. [S. 19(5)]
  • the appeal under sub-section (1) or sub-section (2) od section 19 shall be disposed of within 30 days of the receipt of the appeal or within such extended period not exceeding a total 45 days from the date of filing the appeal, for reasons to be recorded in writing. [S. 19(6)]

18. How is Central Information Commission constituted?

  • the Central Information Commission shall be constituted by the Central Government by notification in the Official Gazette. [S. 12(1)]
  • the Central Information Commission shall consist of the Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who shall be appointed by the President of India. [S. 12(2) and 12(3)]
  • the CIC and ICs shall before entering upon office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out in the First Schedule. [S. 13(3)]
  • the Commission shall have its headquarters at Delhi and other offices may be established at other places in India, with the previous approval of the Central Government. [S. 12(7)]
  • the CIC may exercise all such powers and do all such acts and things which may be exercised or done by the Commission autonomously without being subjected to directions by any other authority under this Act. [S. 12(4)]

19. What is the eligibility criteria and what is the process of appointment of CIC/ICs?

  • the CIC and ICs shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. [S. 12(5)]
  • the CIC or an IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. [S. 12(6)]
  • the CIC and ICs shall be appointed by the President on the recommendation of a Committee consisting of: (i) the Prime Minister, who shall be the Chairperson of the committee; (ii) the Leader of the Opposition in the Lok Sabha; and (iii) one Union Cabinet Minister to be nominated by the Prime Minister. [S. 12(3)]

20. What is the term of office and other service conditions of the CIC?

  • the CIC shall hold office for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. [S. 13(1)]
  • the CIC shall not be eligible for reappointment. [S. 13(1)]
  • the salary and allowances payable to and other terms and conditions of service of the CIC shall be the same as that of the Chief Election Commissioner. These shall not be varied to the disadvantage of the CIC after his appointment. [S. 13(5)]

21. What is the term of office and other service conditions of an IC?

  • an IC shall hold office for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. [S. 13(2)]
  • an IC shall not be eligible for reappointment as such Information Commissioner. [S. 13(2)]
  • the salary and allowances payable to and other terms and conditions of service of an IC shall be the same as that of an Election Commissioner. These shall not be varied to the disadvantage of the IC after his appointment. [S. 13(5)]
  • an IC is eligible for appointment as CIC but his term of office shall not be more than five years in aggregate as the IC and the CIC. [S. 13(2)]

22. How is the State Information Commission constituted?

  • the State Information Commissions shall be constituted by every State Government by notification in the respective Official Gazettes. [S. 15(1)]
  • the State Information Commission shall consist of the State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SIC) who shall be appointed by the Governor of the State. [S. 15(2) and 15(3)]
  • the SCIC and SICs shall before entering upon office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out in the First Schedule. [S. 16(3)]
  • the State Information Commission shall have its headquarters at such place in the State as the State Government may, by notification in the Official Gazette, specify and other offices may be established at other places in the State, with the previous approval of the State Government. [S. 15(7)]
  • the SCIC may exercise all such powers and do all such acts and things which may be exercised or done by the Commission autonomously without being subjected to directions by any other authority under this Act. [S. 15(4)]

23. What is the eligibility criterion and what is the process of appointment of SCIC/SICs?

  • the SCIC and SICs shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. [S. 15(5)]
  • the SCIC or a SIC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. [S. 15(6)]
  • the SCIC and SICs shall be appointed by the Governor on the recommendation of a Committee consisting of: (i) the Chief Minister, who shall be the Chairperson of the committee; (ii) the Leader of the Opposition in the Legislative Assembly; and (iii) one Cabinet Minister to be nominated by the Chief Minister. [S. 15(3)]

24. What is the term of office and other service conditions of the SCIC?

  • the SCIC shall hold office for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. [S. 16(1)]
  • the SCIC shall not be eligible for reappointment. [S. 16(1)]
  • the salary and allowances payable to and other terms and conditions of service of the SCIC shall be the same as that of an Election Commissioner. These shall not be varied to the disadvantage of the SCIC after his appointment. [S. 16(5)]

25. What is the term of office and other service conditions of a SIC?

  • a SIC shall hold office for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. [S. 16(2)]
  • a SIC shall not be eligible for reappointment as such State Information Commissioner. [S. 16(2)]
  • the salary and allowances payable to and other terms and conditions of service of a SIC shall be the same as that of the Chief Secretary to the State Government. These shall not be varied to the disadvantage of the SIC after his appointment. [S. 16(5)]
  • a SIC is eligible for appointment as SCIC but his term of office shall not be more than five years in aggregate as the SIC and the SCIC. [S. 13(2)]

26. What are the powers and functions of Information Commissions?

The Central Information Commission/State Information Commissions have a duty to receive and enquire into a complaint from any person:

  • who has been unable to submit a request to a PIO, either by reason that no such officer has been appointed under this Act, or because the PIO has refused to accept his or her application for information or appeal undre this Act for forwarding the same to the senior officer specified in sub-section (1) of section 19 or the CIC or the SCIC, as the case may be;
  • who has been refused access to any information requested under this Act;
  • who has not been given a response to a request for information or access to information within the time limit specified under this Act;
  • who has been required to pay an amount of fee which he or she considers unreasonable;
  • who believes that he or she has been given incomplete, misleading or false information under this Act; and
  • in respect of any other matter relating to requesting or obtaining access to records under this Act. [S. 18(1)]

Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof. [S. 18(2)]

The Central Information Commission/State Information Commissions shall, while inquiring into any such matter, shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters:

  • summoning and enforcing the attendance of persons and compelling them to give oral or written evidence on oath and to produce documents or things;
  • requiring the discovery and inspection of documents;
  • receiving evidence on affidavit;
  • requisitioning any public record or copies thereof from any court or office;
  • issuing summons for examination of witnesses or documents; and
  • any other matter which may be prescribed. [S. 18(3)]

The Central Information Commission/State Information Commissions may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record shall be withheld from it on any grounds. [S. 18(4)]

The Central Information Commission/State Information Commissions have the power to require the public authority to take any such steps as may be necessary to secure compliance of its decisions with the provisions of this Act, including:

  • by providing access to information, if so requested, in a particular form;
  • by appointing a PIO where none exists;
  • by publishing certain information or categories of information;
  • by making necessary changes to its practices in relation to maintenance, management and destruction of records;
  • by enhancing the provision of training on the right to information for its officials;
  • by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
  • by requiring it to compensate the complainant for any loss or other detriment suffered;
  • by imposing any of the penalties under this Act; or
  • by rejecting the application. [S. 19]

27. What is the reporting procedure?

  • the Central Information Commission or the State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government. [S. 25(1)]
  • each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section. [S. 25(2)]
  • the Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or State Information Commission, as the case may be, referred to in sub-section (1) of section 25 to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House. [S. 25(4)]

28. What are the constituents of the annual reports of the Central Information Commission or the State Information Commissions?

  • the number of requests made to each public authority.
  • the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked;
  • the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;
  • particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
  • the amount of charges collected by each public authority under this Act;
  • any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
  • recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information. [S. 25(3)]

29. What are the penalty provisions?

  • where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the PIO, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the PIO, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the PIO.
  • where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the PIO, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the PIO, under the service rules applicable to him. [S. 20]

30. What is the jurisdiction of courts?

No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

31. What is the role of Central/State Governments?

The appropriate Government may, to the extent of availability of financial and other resources:

  • develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;
  • encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;
  • promote timely and effective dissemination of accurate information by public authorities about their activities; and
  • train PIOs of public authorities and produce relevant training materials for use by the public authorities themselves.

The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.

The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include:

  • the objects of this Act;
  • the postal and street address, the phone and fax number and, if available, electronic mail address of the PIO of every public authority appointed under sub-section (1) of section 5;
  • the manner and the form in which request for access to an information shall be made to a PIO;
  • the assistance available from and the duties of the PIO of a public authority under this Act;
  • the assistance available from the Central Information Commission or State Information Commission, as the case may be;
  • all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;
  • the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;
  • the notices regarding fees to be paid in relation to requests for access to an information; and
  • any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.

The appropriate Government must, if necessary, update and publish the guidelines at regular intervals. [S. 26]

32. Who has the Rule making power?

The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. [S. 27(1)]

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

  • the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
  • the fee payable under sub-section (1) of section 6;
  • the fee payable under sub-sections (1) and (5) of section 7;
  • the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;
  • the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and
  • any other matter which is required to be, or may be, prescribed. [S. 27(2)]

The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. [S. 28(1)]

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

  • the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
  • the fee payable under sub-section (1) of section 6;
  • the fee payable under sub-section (1) of section 7; and
  • any other matter which is required to be, or may be, prescribed. [S. 28(2)]