Section 29 RTI Act: Laying of rules
Right to Information Act, 2005
Section 29 RTI Act at a Glance
Section 29 RTI Act requires every Central Government RTI rule to be laid before each House of Parliament for 30 days, subject to modification or annulment by both Houses. Every State Government RTI rule must be laid before the State Legislature.
Section 29 RTI Act Bare Act Text
29. Laying of rules.
(1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
Section 29 RTI Act in Simple Words
Section 29 RTI Act requires rules made by the Central Government or a State Government under the RTI Act to be placed before the legislature for oversight. Under Section 29(1) RTI Act, every rule made by the Central Government under the RTI Act must be laid (formally placed for legislative scrutiny), as soon as may be after the rule is made, before each House of Parliament while Parliament is in session, for a total period of 30 days. That total period of 30 days may fall within one session or across two or more successive sessions.
Section 29(1) RTI Act also sets out how Parliament can modify or cancel a Central Government rule. If, before the expiry of the session immediately following the session (or the successive sessions) in which the 30 days were completed, both Houses of Parliament agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule takes effect from then on only in that modified form, or has no effect (annulment, meaning cancellation of the rule), as the case may be. However, any such modification or annulment is without prejudice to (does not affect) the validity of anything previously done under that rule.
Under Section 29(2) RTI Act, every rule made under the RTI Act by a State Government must be laid, as soon as may be after the rule is notified, before the State Legislature.
When Section 29 RTI Act Applies
- Every rule made by the Central Government under the RTI Act must be laid before each House of Parliament, as soon as may be after the rule is made, while Parliament is in session, for a total period of 30 days across one session or two or more successive sessions (Section 29(1) RTI Act).
- If both Houses of Parliament agree, before the expiry of the session immediately following that session or those successive sessions, to modify the rule or that the rule should not be made, the rule thereafter has effect only in the modified form or has no effect (Section 29(1) RTI Act).
- Any modification or annulment by Parliament under Section 29(1) RTI Act does not affect the validity of anything previously done under that rule.
- Every rule made under the RTI Act by a State Government must be laid before the State Legislature as soon as may be after the rule is notified (Section 29(2) RTI Act).
Example of Section 29 RTI Act
When Section 29 RTI Act Does Not Apply
- Modification or annulment of a Central Government rule by Parliament under Section 29(1) RTI Act does not affect the validity of anything previously done under that rule.
FAQs on Section 29 RTI Act
What is Section 29 RTI Act?▼
Section 29 RTI Act sets the legislative laying requirement for rules made by the Central Government and State Governments under the RTI Act. Central Government rules must be laid before each House of Parliament for 30 days and are subject to modification or annulment by both Houses without invalidating prior acts, while State Government rules must be laid before the State Legislature after notification.
For how many days must a Central Government RTI rule be laid before Parliament under Section 29(1) RTI Act?▼
30 days. Under Section 29(1) RTI Act, every rule made by the Central Government must be laid before each House of Parliament while in session for a total period of 30 days, which may fall in one session or across two or more successive sessions.
Does a Central Government rule lose validity retroactively if Parliament annuls the rule under Section 29(1) RTI Act?▼
No. Under Section 29(1) RTI Act, if both Houses agree that the rule should not be made, the rule ceases to have effect from that point onwards, and the annulment does not affect the validity of anything previously done under that rule.
Can a single House of Parliament modify or cancel a Central Government rule under Section 29(1) RTI Act?▼
No. Section 29(1) RTI Act requires that both Houses of Parliament agree to a modification or agree that the rule should not be made before the expiry of the session immediately following the session or successive sessions in which the 30 days were completed.
Does Section 29(2) RTI Act apply to rules made by a State Government?▼
Yes. Section 29(2) RTI Act requires every rule made under the RTI Act by a State Government to be laid before the State Legislature as soon as may be after the rule is notified.
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Sources: Bare Act Text, Right to Information Act, 2005 ·