Section 30 RTI Act: Power to remove difficulties
Right to Information Act, 2005
Section 30 RTI Act at a Glance
Section 30 RTI Act allows the Central Government to publish an Official Gazette order to remove difficulties in giving effect to the Act. This power ends 2 years after commencement, and every order must go before each House of Parliament.
Section 30 RTI Act Bare Act Text
30. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Section 30 RTI Act in Simple Words
Section 30 RTI Act gives the Central Government a temporary power to remove difficulties that arise in giving effect to the provisions of the Right to Information Act, 2005. Under Section 30(1) RTI Act, if such a difficulty arises, the Central Government may publish an order in the Official Gazette (the official government journal used to notify laws and orders). Through that order, the Central Government may make provisions that appear to it to be necessary or expedient to remove the difficulty, as long as those provisions are not inconsistent with the provisions of the Right to Information Act, 2005. The word "may" makes this power discretionary, so the Central Government is permitted, not required, to issue an order.
The proviso to Section 30(1) RTI Act sets a strict time limit on this power. It bars the Central Government from making any order under Section 30 RTI Act after 2 years have expired from the date of the commencement of the Right to Information Act, 2005. Together with the rule in Section 30(1) RTI Act against inconsistent provisions, this proviso limits the power to the first 2 years after commencement and prevents any order from conflicting with the Act itself.
Under Section 30(2) RTI Act, every order made under Section 30 RTI Act must, as soon as may be after it is made, be laid (formally placed) before each House of Parliament. Section 30 RTI Act appears in Chapter VI (Miscellaneous) of the Right to Information Act, 2005, between Section 29 RTI Act on laying of rules and Section 31 RTI Act on repeal.
When Section 30 RTI Act Applies
- A difficulty arises in giving effect to the provisions of the Right to Information Act, 2005.
- The Central Government may make provisions that appear to it to be necessary or expedient for removal of the difficulty, by an order published in the Official Gazette.
- The provisions made by the order must not be inconsistent with the provisions of the Right to Information Act, 2005.
- No order under Section 30 RTI Act can be made after the expiry of 2 years from the date of the commencement of the Right to Information Act, 2005.
- Every order made under Section 30 RTI Act must, as soon as may be after it is made, be laid before each House of Parliament.
Example of Section 30 RTI Act
When Section 30 RTI Act Does Not Apply
- After the expiry of 2 years from the date of the commencement of the Right to Information Act, 2005, no order can be made under Section 30 RTI Act (proviso to Section 30(1) RTI Act).
- Provisions that are inconsistent with the provisions of the Right to Information Act, 2005 cannot be made by an order under Section 30(1) RTI Act.
FAQs on Section 30 RTI Act
What is Section 30 RTI Act?▼
Section 30 RTI Act allows the Central Government to publish an order in the Official Gazette to remove any difficulty that arises in giving effect to the provisions of the Right to Information Act, 2005. This power cannot be used after 2 years from the date of the commencement of the Act, and every order made under Section 30 RTI Act must be laid before each House of Parliament.
Who can make an order to remove difficulties under Section 30 RTI Act?▼
The Central Government. Under Section 30(1) RTI Act, the Central Government may publish an order in the Official Gazette making provisions that appear to it to be necessary or expedient to remove the difficulty.
What is the time limit for making an order under Section 30 RTI Act?▼
2 years. Under the proviso to Section 30(1) RTI Act, no order to remove difficulties can be made after the expiry of 2 years from the date of the commencement of the Right to Information Act, 2005.
Can an order under Section 30 RTI Act override or conflict with the RTI Act?▼
No. Section 30(1) RTI Act permits only provisions that are not inconsistent with the provisions of the Right to Information Act, 2005.
Must every order made under Section 30 RTI Act be placed before Parliament?▼
Yes. Section 30(2) RTI Act requires every order made under Section 30 RTI Act to be laid before each House of Parliament as soon as may be after the order is made.
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Sources: Bare Act Text, Right to Information Act, 2005 ·