Sections 27 and 28 of the RTI Act, 2005: Power to Make Rules

Sections 27 and 28 of the Right to Information Act, 2005 (RTI Act) confer rule-making powers on two different authorities: the appropriate Government and the competent authority. These rules supply operational details such as RTI application fees, copying charges, publication costs and other prescribed procedures. Both powers must be exercised through a notification in the Official Gazette and remain subject to the Act.

Meaning of appropriate Government and competent authority

Under Section 2(a), the appropriate Government is the Central Government for public authorities established, constituted, owned, controlled or substantially financed by the Central Government or a Union territory administration, and the State Government for those connected with the State Government, as specified in that definition.

Section 2(e) defines the competent authority to include the Speaker of the Lok Sabha or a State Legislative Assembly (or Union territory Assembly), the Chairman of the Rajya Sabha or State Legislative Council, the Chief Justice of India for the Supreme Court, the Chief Justice of the relevant High Court, and the President or Governor for other authorities established or constituted by or under the Constitution, as applicable. Thus, a competent authority is not simply another name for a government department.

Section 27: Power to make rules by appropriate Government

Section 27(1) authorises the appropriate Government, by notification in the Official Gazette, to make rules for carrying out the provisions of the RTI Act. Under Section 27(2), these rules may address:

1. Clause (a): the cost of the medium or print cost price of materials disseminated under Section 4(4), concerning proactive dissemination of information;
2. Clause (b): the application fee payable under Section 6(1);
3. Clause (c): the fees payable under Sections 7(1) and 7(5) for providing information or access in specified forms;
4. Clause (d): salaries, allowances and service terms of officers and other employees under Sections 13(6) and 16(6), read subject to the amendments and rules currently governing those service conditions;
5. Clause (e): the procedure adopted by the Central or State Information Commission in deciding appeals under Section 19(10); and
6. Clause (f): any other matter required or permitted to be prescribed.

Current-law note: The Right to Information (Amendment) Act, 2019 amended the provisions governing the terms and conditions of service of Information Commissioners. For present service conditions, consult the amended Act and the applicable rules, including the Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners, State Chief Information Commissioner and State Information Commissioners) Rules, 2019, as amended, rather than relying solely on the original wording of the 2005 Act.

Section 28: Power to make rules by competent authority

Section 28(1) permits the competent authority to make rules, through a notification in the Official Gazette, to implement the RTI Act for authorities within its jurisdiction. Section 28(2) specifically permits rules about:

1. Clause (i): the medium or print cost of materials disseminated under Section 4(4);
2. Clause (ii): fees for requests under Section 6(1);
3. Clause (iii): fees payable under Section 7(1); and
4. Clause (iv): any other matter required or permitted to be prescribed.

The lists in Sections 27(2) and 28(2) are illustrative within the scope of the Act, but the relevant rule-making authority must act within the enabling statutory power. The precise applicable rules depend on the public authority receiving the request.

Difference between Sections 27 and 28

Which RTI rules apply to an application?

Identify whether the public authority is governed by Central Government, State Government or competent-authority rules. For example, Central Government public authorities ordinarily follow the Right to Information Rules, 2012, as applicable, while State public authorities may have their own rules. Do not assume that the Central fee schedule applies universally to every State or constitutional authority.

Read the fee rules alongside Section 7(5), which provides for reasonable prescribed fees and exemptions for persons below the poverty line, and Section 7(6), which requires information to be provided free of charge when the public authority fails to comply with applicable time limits.

Publication and legislative oversight

Section 29 deals with laying rules made under Sections 27 and 28 before the relevant legislature or legislative body as prescribed. This is a separate requirement from the Gazette notification by which rules are made.

Official statutory text and RTI resources

• India Code: Right to Information Act, 2005 - consolidated legislation and related material.
• Government of India RTI portal - RTI legislation, rules and guidance.
• RTI Online - filing RTI applications for participating Central Government public authorities.
• Central Information Commission - appeals, decisions and related information.

Frequently asked questions

Can an RTI fee be fixed without rules?

Fees must have a lawful basis in the Act and the applicable notified rules. The relevant fee and copying-charge provisions should be checked before payment.

Do Sections 27 and 28 give the same authority power to make rules?

No. Section 27 concerns the appropriate Government, while Section 28 concerns the competent authority as defined by Section 2(e).

Are RTI fees the same throughout India?

No. Applicable rules can differ between Central, State and competent-authority public authorities.

This article explains the statutory scheme. For a specific request, consult the latest notified rules governing the particular public authority.