State Level RTI: Tamilnadu

Law

Tamil Nadu was the first state in India to enact an access law, namely the Tamil Nadu Right to Information Act 1997. The Act was passed by the Legislative Assembly in the first half of 1997, received the assent of the Governor on 4 May 1997 and was notified the following day. It is notable that the government initiated the process of developing a law. There was no civil society movement advocating for the right to information in the State.

Though it was positive that Tamil Nadu was the first state to pass an access to information law, in fact the law is weak and has been widely criticised by civil society. Most problematically, the Act has 21 exemptions, including 12 sub-clauses, many of which are unclear in their application. Appeals are available, but only internally rather than to an independent body. The Act also fails to require proactive information disclosure by the Government.

In May 2005, the national Right to Information Act 2005 was passed by Parliament. The RTI Act 2005 received Presidential assent on 15 June and came fully into force on 12 October 2005. (For more information on the passage of the Act and implementation at the national level, click here.) The RTI Act 2005 covers all Central, State and local government bodies.

It is not clear at this time as to whether the Tamil Nadu RTI Act will be repealed. Notably though, the Tamil Nadu Government has already taken some initial steps to implement the new national RTI Act. The government has issued Right to Information (Fees) Rules 2005.

The Tamil Nadu Government issued the Tamil Nadu Right to Information (Fees) Rules, (Amendment) 2006.

For a list of Public Information Officers and Appellate Authorities designated by the State Government, click here.

Details of Fee & Costs

Second Appeals and complaints against non-disclosure of information may be filed with the Tamil Nadu State Information Commission.

State Information Commission

Newsupdates, Activities & Advocacy

• The Tamil Nadu Government has constituted a State Information Commission and prescribed Rules for accessing information under the RTI Act 2005, which came into force all over the country on Wednesday. A Gazette notification issued by the Public Department on 7 October states there will be a State Chief Information Commissioner and two Information Commissioners. The Rules issued under separate notification prescribe an application fee of Rs. 50 by cash, DD or Banker's Cheque as well as additional fees for copying information, inspection of records, collecting samples and models etc. CHRI in a letter has urged the Government to urgently amend the Rules reducing the fees for applying for information.
• The Tamil Nadu Government has issued four gazette notifications (No.225, 226, 227, 228) on 14 October, exempting 32 agencies from the purview of the RTI Act 2005. CHRI in a letter to the Government has urged the latter to reconsider the exemption of such a vast number of agencies.
• The Catalyst Trust, Consumer Action Group and Human Rights Foundation have jointly prepared a new civil society draft Right to Information Act which they have recommended should replace the current Tamilnadu Right to Information Act 1997. The draft Act has been given to the Governor, the Speaker of the Legislative Assembly and the Chief Secretary. In a Letter to the Chief Secretary of Tamil Nadu the groups explained the background to their initiative. They have also sent copies of the draft Act to all Members of the Legislature and have proposed a meeting soon with the leaders of the legislative parties to discuss their draft Act.

• The Human Rights Advocacy and Research Foundation (HRARF) works on right to information in Tamil Nadu and has published a resource book on the topic (see below in Resources and Articles).
  For Further Information: Contact HRARF at No.10, Thomas Nagar, Little Mount, Saidapet, Chennai-600015. Tel: 91-44-2353503. Fax: 91-44-2355905. E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it

• The Catalyst Trust works on right to information and electoral reform in Tamil Nadu.
  For Further Information: Contact the Catalyst Trust at H-1/8, TNHB Complex, Thiruvanmiyur, Chennai- 600 041. E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

   

Resources & Articles

Government

• Right to Information Act 2005. (English)
• Right to Information Act 2005. (Hindi)
• The Right to Information Act, 2005 (Central Act of 2005)-The Tamil Nadu Right to Information(Fees) Rules, 2005-Amendment.
• Right to Information (Fees) Rules 2005 (Tamil Nadu).
• High Court Right to Information ( Regulation of Fee and Costs) Rules, 2006
• Order by Tamil Nadu Government - Designation of PIOs.
• Order by Tamil Nadu Government - Constitution of Tamil Nadu State Information Commission.
• Notification re List of Exempt Agencies under the Tamil Nadu Right to Information Act 2005. No. 225 (issued by the Tamil Nadu Government under s. 24(4) of the RTI Act 2005).
• Notification re List of Exempt Agencies under the Tamil Nadu Right to Information Act 2005. No. 226 (issued by the Tamil Nadu Government under s. 24(4) of the RTI Act 2005).
• Notification re List of Exempt Agencies under the Tamil Nadu Right to Information Act 2005. No. 227 (issued by the Tamil Nadu Government under s. 24(4) of the RTI Act 2005).
• Notification re List of Exempt Agencies under the Tamil Nadu Right to Information Act 2005. No. 228 (issued by the Tamil Nadu Government under s. 24(4) of the RTI Act 2005).
• Tamil Nadu Right to Information Act 1997.
• Tamil Nadu Right to Information Rules, 1997.
• Tamil Nadu Right to Information Application Form.
• List of Competent Authorities under the Tamil Nadu Right to Information Act.

CHRI

• CHRI (2005) Forwarding Information Requests and Appeals: A Step by Step Guide for Assistant Public Information Officers under the Right to Information Act 2005, prepared by Mr Venkatesh Nayak.
• CHRI (2005) Processing Information Requests: A Step by Step Guide for Assistant Public Information Officers under the Right to Information Act 2005, prepared by Mr Venkatesh Nayak.
• CHRI (2005) Letter to Tamil Nadu Government Clarifying Fee Rules.
• CHRI (2005) Letter to Tamil Nadu Government re List of Agencies Exempt under the Right to Information Act 2005.
• For CHRI's posters on RTI click here.
• For information regarding CHRI's activities in Tamil Nadu, click here.

Miscellaneous

• Staff Reporter (2005) RTI Act: Tamil Nadu Constitutes State Information Commission, 12 October, The Hindu.
• Human Rights Advocacy And Research Foundation (2003) Making Right to Information A Reality in Tamil Nadu: A Resource Book, Chennai, India.
  
  

Links

• Government of Tamil Nadu
• Government of India (DOPT)
• National Campaign on People's Right to Information (NCPRI)
• Right to Information - Collection of RTI stories, articles, etc.
• Info Change - Right to Information Pages
• India Together - Right to Information Pages