Section 28 RTI Act: Power to make rules by competent authority

Section 28 RTI Act gives the competent authority the power to make rules to carry out the provisions of the RTI Act. Under Section 28(1) RTI Act, the competent authority may exercise this power by publishing a notification in the Official Gazette (the official publication in which legal notifications and rules are published).

Without limiting that broad rule-making power in Section 28(1) RTI Act, Section 28(2) RTI Act lists four matters that rules made by the competent authority may cover. Under clause (i), rules may fix the cost of the medium or print cost price of materials to be disseminated (made available to the public) under Section 4(4) RTI Act. Under clause (ii), rules may fix the fee payable when an applicant makes a request for information under Section 6(1) RTI Act. Under clause (iii), rules may fix the fee payable for providing information when disposing of a request under Section 7(1) RTI Act. Under clause (iv), rules may provide for any other matter that is required to be, or may be, prescribed (set by rules under the RTI Act).

Section 6(1) RTI Act requires an information request to be accompanied by the prescribed fee, and Section 7(1) RTI Act provides for supplying information within 30 days of receipt (or within 48 hours where the information concerns the life or liberty of a person) on payment of the prescribed fee. Section 28(2)(ii) and Section 28(2)(iii) RTI Act authorise the competent authority to prescribe those fees by rule.