Section 27 RTI Act: Power to make rules by appropriate Government

Right to Information Act, 2005

Section 27 RTI Act at a Glance

Section 27 RTI Act empowers the appropriate Government to make rules by notification in the Official Gazette to carry out the RTI Act. These rules may cover RTI fees, Information Commissioners' tenure and pay, staff service terms, and appeal procedures.

Section 27 RTI Act Bare Act Text

27. Power to make rules by appropriate Government.

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

(2) 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:—

(a) the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;

(b) the fee payable under sub-section (1) of section 6;

(c) the fee payable under sub-sections (1) and (5) of section 7;

(ca) the term of office of the Chief Information Commissioner and Information Commissioners under sub-sections (1) and (2) of section 13 and the State Chief Information Commissioner and State Information Commissioners under sub-sections (1) and (2) of section 16;

(cb) the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners under sub-section (5) of section 13 and the State Chief Information Commissioner and the State Information Commissioners under sub-section (5) of section 16;

(d) 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;

(e) 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

(f) any other matter which is required to be, or may be, prescribed.

Amendments to this section
  • Ins. by Act 24 of 2019, s. 4 (w.e.f. 24-10-2019).

Section 27 RTI Act in Simple Words

Section 27 RTI Act gives the appropriate Government the power to make rules to carry out the provisions of the RTI Act. Under Section 27(1) RTI Act, the appropriate Government may exercise this power by publishing a notification in the Official Gazette (the official government journal in which legal notifications and rules are published).

Without limiting that broad power under Section 27(1) RTI Act, Section 27(2) RTI Act lists specific matters that the rules may cover, starting with material costs and citizen fees. Under clause (a), rules may fix the cost of the medium or print cost price of materials to be disseminated (shared with the public) under Section 4(4) RTI Act. Under clause (b), rules may fix the application fee payable when making a request for information under Section 6(1) RTI Act. Under clause (c), rules may fix the fee payable under Section 7(1) and Section 7(5) RTI Act when a Public Information Officer disposes of a request.

Section 27(2) RTI Act next covers the tenure and service conditions of Information Commissioners and Commission staff. Under clause (ca), rules may provide for the term of office of the Chief Information Commissioner and Information Commissioners under Section 13(1) and Section 13(2) RTI Act, and of the State Chief Information Commissioner and State Information Commissioners under Section 16(1) and Section 16(2) RTI Act. Under clause (cb), rules may provide for the salaries, allowances, and other terms and conditions of service of the Chief Information Commissioner and Information Commissioners under Section 13(5) RTI Act, and of the State Chief Information Commissioner and State Information Commissioners under Section 16(5) RTI Act. Under clause (d), rules may set the salaries, allowances, and terms and conditions of service of the officers and other employees under Section 13(6) and Section 16(6) RTI Act.

Finally, under Section 27(2)(e) RTI Act, rules may lay down the procedure to be adopted by the Central Information Commission or State Information Commission in deciding appeals under Section 19(10) RTI Act, and under Section 27(2)(f) RTI Act, rules may cover any other matter that is required to be, or may be, prescribed (set by rules under the RTI Act). Clauses (ca) and (cb) were inserted by the Right to Information (Amendment) Act, 2019 (Act 24 of 2019), with effect from 24 October 2019. Section 28 RTI Act separately grants rule-making power to a competent authority.

When Section 27 RTI Act Applies

  • The rule-making power under Section 27(1) RTI Act is exercised by the appropriate Government and is permissive ('may').
  • Rules made under Section 27(1) RTI Act must be published by notification in the Official Gazette and must be made to carry out the provisions of the RTI Act.
  • Rules under Section 27(2)(a) to (c) RTI Act may fix dissemination material costs under Section 4(4), request fees under Section 6(1), and fees under Section 7(1) and Section 7(5) RTI Act.
  • Rules under Section 27(2)(ca), (cb), and (d) RTI Act may fix the term of office, salaries, allowances, and service conditions of Central and State Chief Information Commissioners and Information Commissioners (under Sections 13 and 16) and of Commission officers and employees (under Section 13(6) and Section 16(6)).
  • Rules under Section 27(2)(e) and (f) RTI Act may lay down appeal procedures for the Central or State Information Commission under Section 19(10) RTI Act and cover any other matter required or permitted to be prescribed.

FAQs on Section 27 RTI Act

What is Section 27 RTI Act?▼

Section 27 RTI Act empowers the appropriate Government to make rules, by notification in the Official Gazette, to carry out the provisions of the RTI Act. Without limiting that power, Section 27(2) RTI Act lists specific rule-making subjects including RTI fees, Information Commissioners' terms and salaries, staff service conditions, and Information Commission appeal procedures.

How must the appropriate Government publish rules made under Section 27 RTI Act?▼

By notification in the Official Gazette. Section 27(1) RTI Act states that the appropriate Government may make rules to carry out the provisions of the RTI Act by publishing a notification in the Official Gazette.

Can rules under Section 27 RTI Act fix the application fee for an RTI request?▼

Yes. Section 27(2)(b) RTI Act allows rules to set the fee payable when making a request under Section 6(1) RTI Act, and Section 27(2)(c) RTI Act allows rules to set the fees payable under Section 7(1) and Section 7(5) RTI Act.

Does Section 27 RTI Act cover the tenure and salaries of State Information Commissioners as well as Central Information Commissioners?▼

Yes. Under Section 27(2)(ca) and Section 27(2)(cb) RTI Act, rules made under Section 27 RTI Act may provide for the term of office, salaries, allowances, and other terms and conditions of service of both Central Information Commissioners (under Section 13) and State Information Commissioners (under Section 16).

Is the appropriate Government restricted only to the items listed in Section 27(2) RTI Act?▼

No. Section 27(1) RTI Act grants a broad power to make rules to carry out the provisions of the RTI Act, and Section 27(2) RTI Act states that its list does not limit that power and closes in clause (f) with any other matter required or permitted to be prescribed.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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