Section 25 RTI Act: Monitoring and reporting

Right to Information Act, 2005

Section 25 RTI Act at a Glance

Section 25 RTI Act requires the Central and State Information Commissions to prepare annual reports on how the RTI Act is implemented, using data from Ministries and Departments. A Commission may also recommend steps to bring a public authority into conformity.

Section 25 RTI Act Bare Act Text

25. Monitoring and reporting.
(1) The Central Information Commission or 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.
(2) 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.
(3) Each report shall state in respect of the year to which the report relates,—
(a) the number of requests made to each public authority;
(b) 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;
(c) 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;
(d) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
(e) the amount of charges collected by each public authority under this Act;
(f) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
(g) 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.
(4) 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 the State Information Commission, as the case may be, referred to in sub-section (1) 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.
(5) If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

Section 25 RTI Act in Simple Words

Section 25 RTI Act sets up annual reporting on the implementation of the RTI Act and allows Information Commissions to recommend corrective steps to public authorities. Under Section 25(1) RTI Act, as soon as practicable after the end of each year, the Central Information Commission or the State Information Commission must prepare a report on the implementation of the provisions of the RTI Act during that year and forward a copy to the appropriate Government. Under Section 25(2) RTI Act, each Ministry or Department must collect and provide the information required for the report under Section 25 RTI Act in relation to the public authorities within its jurisdiction, and must comply with the requirements for furnishing that information and keeping records for Section 25 RTI Act.

Section 25(3) RTI Act lists seven matters that each annual report must state for the year to which the report relates. Under Section 25(3)(a) and (b) RTI Act, the report must give the number of requests made to each public authority, the number of decisions where applicants were not entitled to access the documents requested, the provisions of the RTI Act under which those decisions were made, and the number of times each provision was invoked. Under Section 25(3)(c), (d) and (e) RTI Act, the report must state the number, nature and outcome of appeals referred to the Central Information Commission or State Information Commission for review, particulars of any disciplinary action taken against any officer in respect of the administration of the RTI Act, and the amount of charges collected by each public authority under the RTI Act.

Under Section 25(3)(f) and (g) RTI Act, the report must also record any facts showing an effort by public authorities to administer and implement the spirit and intention of the RTI Act, along with recommendations for reform. Those recommendations include recommendations regarding particular public authorities, for developing, improving, modernising, reforming or amending the RTI Act or other legislation or common law, or any other matter relevant to operationalising the right to access information. Under Section 25(4) RTI Act, the Central Government or the State Government may, as soon as practicable after the end of each year, cause a copy of the Commission's report under Section 25(1) RTI Act to be laid before each House of Parliament, or before each House of the State Legislature where there are two Houses, or before the single House where the State Legislature has one House.

Under Section 25(5) RTI Act, if it appears to the Central Information Commission or the State Information Commission that a public authority's practice in exercising its functions under the RTI Act does not conform with the provisions or spirit of the RTI Act, the Commission may give that public authority a recommendation. The recommendation specifies the steps that, in the Commission's opinion, ought to be taken for promoting conformity.

When Section 25 RTI Act Applies

As soon as practicable after the end of each year, the Central Information Commission or State Information Commission must prepare a report on the implementation of the RTI Act during that year and forward a copy to the appropriate Government under Section 25(1) RTI Act.
Under Section 25(2) RTI Act, each Ministry or Department must keep records and collect and provide the required information for the public authorities within its jurisdiction to the Central Information Commission or State Information Commission.
Under Section 25(3)(a) to (g) RTI Act, each annual report must state request counts, refusals with provisions invoked and frequency, appeal numbers, nature and outcomes, officer disciplinary actions, charges collected, implementation efforts, and reform recommendations.
Under Section 25(4) RTI Act, the Central Government or State Government may, as soon as practicable after the end of each year, cause a copy of the report to be laid before each House of Parliament or before the House or Houses of the State Legislature.
Under Section 25(5) RTI Act, where it appears to an Information Commission that a public authority's practice does not conform with the provisions or spirit of the RTI Act, the Commission may give a recommendation specifying steps to promote conformity.

Example of Section 25 RTI Act

After the end of the year, a State Department in Mangaluru collects RTI data from the public authorities within its jurisdiction and provides that information to the State Information Commission under Section 25(2) RTI Act. Under Section 25(1) and Section 25(3) RTI Act, the State Information Commission prepares an annual report stating request counts, refusal decisions by provision and frequency, appeal numbers and outcomes, officer disciplinary actions, ₹28,000 in charges collected, implementation efforts, and reform recommendations, and forwards a copy to the appropriate Government. During the year, the State Information Commission also notes that one public authority has a practice of asking applicants such as Mary to state reasons when making requests under Section 6 RTI Act, even though Section 6 RTI Act provides that an applicant need not give a reason. Because that practice does not conform with the provisions of the RTI Act, the State Information Commission under Section 25(5) RTI Act may give that public authority a recommendation specifying the steps that ought to be taken to promote conformity.

FAQs on Section 25 RTI Act

What is Section 25 RTI Act?▼

Section 25 RTI Act requires the Central Information Commission and each State Information Commission to prepare an annual report on the implementation of the RTI Act, using data supplied by Ministries and Departments on requests, refusals, appeals, disciplinary actions, charges and reforms. Section 25 RTI Act also provides for laying the report before Parliament or the State Legislature and allows an Information Commission to recommend steps when a public authority's practice does not conform with the RTI Act.

Who prepares the annual implementation report under Section 25 RTI Act?▼

The Central Information Commission or the State Information Commission. Under Section 25(1) RTI Act, each Commission must prepare the report as soon as practicable after the end of each year and forward a copy to the appropriate Government.

What must Ministries and Departments do under Section 25(2) RTI Act?▼

Collect and provide information. Under Section 25(2) RTI Act, each Ministry or Department must collect and supply the information required for the annual report for the public authorities within its jurisdiction, and must comply with the requirements for furnishing that information and keeping records.

Does the annual report under Section 25(3) RTI Act include refused requests and disciplinary action against officers?▼

Yes. Under Section 25(3)(b) RTI Act, each annual report must state the number of decisions where applicants were not entitled to access the requested documents, which provisions of the RTI Act were used, and how many times each provision was invoked. Under Section 25(3)(d) RTI Act, the report must also give particulars of any disciplinary action taken against any officer in respect of the administration of the RTI Act.

Must the Government lay the Commission's annual report before Parliament or the State Legislature under Section 25(4) RTI Act?▼

No. Section 25(4) RTI Act uses the word 'may', stating that the Central Government or State Government may, as soon as practicable after the end of each year, cause a copy of the report to be laid before each House of Parliament or before the House or Houses of the State Legislature.

What can an Information Commission do under Section 25(5) RTI Act if a public authority's practice does not follow the RTI Act?▼

Issue a recommendation. Under Section 25(5) RTI Act, if it appears to the Central Information Commission or State Information Commission that a public authority's practice does not conform with the provisions or spirit of the RTI Act, the Commission may give that public authority a recommendation specifying the steps that ought to be taken to promote conformity.

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Sources: Bare Act Text, Right to Information Act, 2005 ·