Right to Information Act, 2005

Sections 29, 30 and 31 of the RTI Act: Laying of Rules, Removal of Difficulties and Repeal

Sections 29 to 31 of the Right to Information Act, 2005 address legislative scrutiny of rules, a transitional power to resolve implementation difficulties and the repeal of the Freedom of Information Act, 2002. They govern how the RTI framework was brought into operation and supervised.

On this pageSection 29: Laying of rules Section 30: Power to remove difficulties Section 31: Repeal Legal significance Official references

Section 29: Laying of rules

Meaning: Laying of rules is the statutory process by which rules made under an Act are placed before the legislature for scrutiny. Section 29 distinguishes rules made by the Central Government from those made by State Governments.

Section 29(1): Rules made by the Central Government

Every rule made by the Central Government under the RTI Act must be laid, as soon as may be after it is made, before each House of Parliament while in session for a total of 30 days. This period may be completed in one session or in two or more successive sessions.

If, before the expiry of the session immediately following that session or those successive sessions, both Houses agree to modify a rule or agree that it should not have been made, the rule thereafter operates only in its modified form or ceases to have effect, as applicable. A modification or annulment does not invalidate acts already done under the rule.

Section 29(2): Rules made by State Governments

Every rule made by a State Government under the RTI Act must be laid before the State Legislature as soon as may be after notification. The specific 30-day parliamentary modification procedure in Section 29(1) is not reproduced in Section 29(2).

Section 30: Power to remove difficulties

Meaning: This is a limited transitional provision permitting the Central Government to address difficulties encountered in implementing the Act, without contradicting the Act itself.

Section 30(1): Scope and expiry of the power

If a difficulty arose in giving effect to the RTI Act, the Central Government could make an order published in the Official Gazette containing provisions it considered necessary or expedient to remove that difficulty, provided those provisions were not inconsistent with the Act.

However, the proviso expressly prohibited such orders after two years from commencement of the Act. Accordingly, this is a historical, time-limited enabling power, not a continuing authority to issue new removal-of-difficulty orders in 2026.

Section 30(2): Parliamentary oversight

Every order made under Section 30 must, as soon as may be after it is made, be laid before each House of Parliament.

Section 31: Repeal

Meaning: Repeal is the legislative withdrawal of an earlier enactment. Section 31 provides: "The Freedom of Information Act, 2002 is hereby repealed."

The Right to Information Act, 2005 therefore replaced the earlier Freedom of Information Act, 2002 as the principal central legislation establishing the statutory RTI framework. The repeal does not mean that the RTI Act, 2005 itself has been repealed.

Why these provisions matter

Legislative accountability: Section 29 provides for legislative scrutiny of government-made RTI rules, including central rules concerning procedures and fees under Sections 27 and 28.
Limits on executive powers: Section 30 cannot be treated as a permanent power to change statutory requirements; its express two-year restriction must be observed.
Legislative continuity: Section 31 clarifies the replacement of the 2002 legislation by the 2005 Act.
For applicants: Ordinary RTI requests and appeals are governed principally by other provisions of the Act and applicable rules; see Section 19 on appeals.

Practical distinction: Section 29 governs the laying of rules; Section 30 concerned exceptional transitional orders; Section 31 repealed an earlier Act. These are three different legal mechanisms and should not be conflated.

Official legal texts and resources

For a particular rule or historical order, consult the relevant Gazette notification and any subsequent amendment or judicial decision. State RTI rules and legislature procedures may differ.