RTI Rules, 2012

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

Notification

New Delhi, 31 July 2012

G.S.R. 603(E)

In exercise of the powers conferred by Section 27 of the Right to Information Act, 2005 (22 of 2005), and in supersession of the Central Information Commission (Appeal Procedure) Rules, 2005 and the Right to Information (Regulation of Fee and Cost) Rules, 2005—except in respect of actions already taken or omitted prior to such supersession—the Central Government hereby notifies the following rules:

1. Short Title and Commencement

1. These rules shall be known as the Right to Information Rules, 2012.
2. They shall come into force on the date of their publication in the Official Gazette.

2. Definitions

Unless the context otherwise requires, in these rules:

• “Act” means the Right to Information Act, 2005.
• “Commission” refers to the Central Information Commission constituted under Section 12(1) of the Act.
• “First Appellate Authority” means an officer senior in rank to the Central Public Information Officer, to whom an appeal under Section 19(1) of the Act lies.
• “Registrar” includes the Registrar, Additional Registrar, Joint Registrar, or Deputy Registrar of the Commission.
• “Section” means a section of the Act.

All other words and expressions not defined in these rules shall have the meanings assigned to them under the Act.

3. Application Fee

An application filed under Section 6(1) of the Act shall be accompanied by a fee of ₹10 and shall ordinarily not exceed 500 words, excluding annexures. The application must contain the address of both the Central Public Information Officer and the applicant.
Provided that an application shall not be rejected solely on the ground that it exceeds 500 words.

4. Fee for Providing Information

The fee payable for supplying information under Sections 4(4), 7(1), and 7(5) of the Act shall be as follows:

• ₹2 per page for copies on A-3 or smaller size paper;
• Actual cost for copies on larger size paper;
• Actual cost for samples or models;
• ₹50 per diskette or floppy;
• Cost of publication or ₹2 per page for photocopied extracts;
• No fee for inspection during the first hour; ₹5 for each subsequent hour or fraction thereof;
• Postal charges exceeding ₹50, if applicable.

5. Exemption from Payment of Fees

No fee shall be charged from persons belonging to the Below Poverty Line (BPL) category, subject to submission of a valid certificate issued by the appropriate authority.

6. Mode of Payment

Fees under these rules may be paid:

• In cash, against a proper receipt;
• By demand draft, banker’s cheque, or Indian Postal Order payable to the Accounts Officer of the public authority;
• Through electronic means, where such facility is available.

7. Appointment of Secretary to the Commission

The Central Government shall appoint an officer of the rank of Additional Secretary or above as Secretary to the Central Information Commission.

8. Appeal to the Commission

Any person aggrieved by an order of the First Appellate Authority, or by its failure to dispose of an appeal, may file a second appeal before the Commission in the prescribed format. The appeal shall be accompanied by authenticated copies of:

1. The original RTI application;
2. Reply of the Central Public Information Officer, if any;
3. First appeal submitted;
4. Order of the First Appellate Authority, if any;
5. Supporting documents relied upon;
6. An index of documents enclosed.

9. Return of Appeal

An appeal not accompanied by the required documents may be returned to the appellant for rectification and resubmission in complete form.

10. Processing of Appeals

1. The Commission may dismiss an appeal after providing an opportunity of hearing and recording reasons, if it finds no sufficient ground to proceed.
   Provided that an appeal shall not be dismissed merely for not being in the prescribed format if it is otherwise complete.
2. No appeal shall be entertained unless all remedies under the Act have been exhausted.

A person shall be deemed to have exhausted remedies if:

• A final order has been passed by the First Appellate Authority; or
• Forty-five days have elapsed since filing the first appeal without a decision.

11. Procedure for Deciding Appeals

The Commission may, while deciding an appeal:

• Receive oral or written evidence on oath or affidavit;
• Examine or inspect documents and public records;
• Conduct further inquiry through authorised officers;
• Hear concerned officers, appellants, or third parties;
• Accept affidavits as evidence.

12. Appearance of the Appellant

1. The appellant shall be informed of the hearing date at least seven clear days in advance.
2. Appearance may be in person, through an authorised representative, or via video conferencing where available.
3. In cases of inability to attend, the Commission may grant another opportunity or take appropriate action.

13. Representation by Public Authority

A public authority may authorise any of its officers to represent and present its case before the Commission.

14. Service of Notice

The Commission may serve notice by:

• The party concerned;
• Hand delivery through a process server;
• Registered post with acknowledgement due;
• Electronic mail, where applicable.

15. Orders of the Commission

All orders of the Commission shall be in writing, issued under its official seal, and authenticated by the Registrar or an authorised officer.

Appendix

Format of Appeal (Rule 8)

1. Name and address of the appellant
2. Name and address of the CPIO to whom the RTI application was submitted
3. Name and address of the CPIO who replied
4. Name and address of the First Appellate Authority
5. Details of the RTI application
6. Details of the order(s) appealed against
7. Brief facts of the case
8. Relief sought
9. Grounds for relief
10. Any other relevant information
11. Verification by the appellant

Read Also

• Public Authority Under the Right to Information Act, 2005
• WB State Public Information Officers and First Appellate Authorities
• Appellate Authority under the Right to Information Act, 2005