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Comparative Table of Indian RTI Laws |
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PROVISION |
T. NADU, 1997 |
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RAJASTHAN, 2000 |
KARNATAKA, 2000 |
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MADHYA PRADESH, 2003 |
JAMMU & KASHMIR 2004 |
RTI ACT 2005 |
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SCOPE |
Obtaining certified copies of documents or records.
Sec. 2(3) |
Obtaining certified copies of documents or records,
inspection of records, taking notes and extracts, inspection of public
works, taking sample of material from public work. Sec. 2(d) |
Obtaining certified copies of documents or records,
inspection of records, taking notes and extracts, inspection of public
works, taking sample of material from public work. Sec. 2(vi) |
Obtaining certified copies of documents or records.Sec.
2(d) |
Obtaining certified copies of documents or records,
inspection of records, taking notes and extracts, inspection of public
works, taking sample of material from public work. Sec. 2(vi) |
Obtaining certified copies of documents or records.Sec.
2(5) |
Obtaining certified copies of documents or records,
inspection of records, taking notes and extracts, inspection of public
works, taking sample of material from public work, any other prescribed
manner. Sec. 2(f) |
Inspect and obtain copies of any record created
within 3 preceding calendar years. Sec. 4(1) |
Obtaining certified copies of documents or records, inspection of accessible records and taking notes and extracts, inspection of public works, taking samples of material from public works, information stored in a computer or in any other device. Sec. 2 (g) |
Obtaining certified copies of documents or records,
inspection of accessible records and taking notes and extracts, inspection
of public works, taking samples of material from public works, information
stored in a computer or in any other device. Sec 2(j) |
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PRIVATE BODIES |
NO PROVISION |
Applies to private bodies executing work for or on behalf
of or as authorised by the Govt., Sec. 2 (c) |
NO PROVISION |
NO PROVISION |
NO PROVISION |
Includes any body which gets aid [directly or indirectly]
from government including aid like tax benefits, land concessions, etc.
Sec. 2(6) (This will include hospitals, schools, etc. getting aid
from govt.) |
NO PROVISION |
NO PROVISION |
Any Society or Cooperative Society and any body which receives substantial financial assistance from the Government. Public sector enterprises with 51% government owned equity and Trusts established by the Government under any law. Sec. 2 (f) |
Any body owned, controlled or substantially financed
or any non-Government organisation substantially financed directly or
indirectly by Government Sec.2(h) |
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EXEMPTIONS |
22 exemptions + 2 additional broad exemptions. Sec.
3 |
6 exemptions; but info given to State legislature available
to citizens. Sec. 5 |
10 exemptions. Sec. 5 |
8 exemptions + 4 additional grounds for refusal. Sec.
4 & 6 |
8 exemptions. Sec. 6 |
11 exemptions with some public interest override. S.
7. + 3 additional ground for refusal. S. 8. Also any info that has to
be disclosed to Parliament/ Legis. Assembly, will be available to applicants.
Information to be given if reasonably severable. Sec. 10 |
18 exemptions + 3 additional grounds for refusal. Sec.
4(2) |
9 exemptions + 6 additional grounds for refusal. Sec.
4(2) & Sec. 6 |
7 exemptions + 9 additional grounds for refusal. Sec. 6 |
10 exemptions + 1 additional ground for refusal. Sec 8(1) + s.9 But - notwithstanding anything in the Official Secrets
Act or exemptions, information may still be disclosed if the public
interest in disclosure outweighs the harm to protected interests. Sec
8(2) |
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SUO-MOTU DISCLOSURES |
NO PROVISION |
NO PROVISION |
Wide discretion to exhibit or expose information. Sec.
12(A) |
Particulars of organisation, its functions, power and
duties of officers, norms, details of facilities to get information,
its decisions, facts related to any project scheme before the initiation
of the same,etc. Sec. 3 |
Particulars of organisation, its functions, power and
duties of officers, norms, laws, bye-laws, rules, regulations, list
of records available to citizens, details of facilities to get information,
facts related to any decision, reasons for its decisions, and project
scheme before the initiation of the same,etc. Sec. 4 |
Particulars of organisation, its functions, power and
duties of officers, norms, rules, regulations, list of records available
to citizens, details of facilities to get information, facts related
to any decision and project scheme before the initiation of the same,
and other information as may be prescribed. Sec. 4 |
NO PROVISION |
Details of facilities available to citizens for obtaining
information. Sec. 3(b) |
Particulars of government organization, functions and duties; powers and duties of officers and employees and the procedure followed in the decision making process; norms for discharging public functions; details of facilities available to citizens for accessing information; name, designation and other details of the Officer In-charge and the Controlling Officer in each office; all relevant facts concerning important decisions and policies and reasons for those policies and decisions - whether administrative or quasi-judicial and facts related to any project must be published or communicated before its initiation to persons affected or likely to be affected. Sec. 3 |
Particulars of organisation, its functions, power and
duties of officers; norms, rules, regulations; list of records available
to citizens; details of facilities to get information; procedures following
during decision-making process, incl. channels of accountability; list
of categories of documents held; arrangements for consultation with
or comment by the public; list of boards, councils, committees, etc
and whether their meetings are public; directory of officers; monthly
remuneration of officers; agency budgets, incl. plans, proposed expenditure
and reports on disbursements; manner of execution of subsidy programmes,
incl. amounts allocated and beneficiaries; recipients of concessions,
permits, licences; names of PIOs; relevant facts while formulating policies
or announcing decisions; reasons for administrative or quasi-judicial
decisions; any other information prescribed. Sec 4(1) |
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MEANS OF COMMUNICATION (for Suo-motu disclosure) |
NO PROVISION |
NO PROVISION |
Official gazettes, newspapers, booklets, pamphlets,
notice board, internet. Sec. 12-A r/w Rule 6. |
On a notice board once a year unless already published
in any report, pamphlet, booklet, publication. Sec. 3 r/w Rule 3 |
Booklets, folders, pamphlets, information counters,
internet, notice board. Sec. 4 r/w Rule 7. |
NO PROVISION |
NO PROVISION |
Rules to be prescribed |
Publish at intervals prescribed by the Government Sec. 3 (b) |
Information shall be disseminated as widely as possible
and in such form and manner which is easily accessible to the public,
including through notice boards, newspapers, public announcements, media,
internet, inspection. Sec 4(2)-(4) |
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FEE |
NO PROVISION |
Not exceeding cost of processing and making available
information. Sec. 14 |
To be prescribed. To be paid at the time of application
for information. To be refused if no fee. NO PROVISION for refund.
Sec. 8 r/w Rule 7 |
No application fee. Rs. 5 for each A4 size paper. Rs.
100 per floppy. Sec. 5 r/w Rule4(3) For maps, Plans etc.
to be fixed by Competent Authority Rule 4(4) |
Appl Fee- Rs. 50 for general info. and Rs. 500 for commercial
info. Other fee- Rs. 5 per page.
Sec. 13 r/w Rule 8 |
Appl fee - Rs. 10 court fee stamp. Rs 0.50 per page+postage
charges (for information readily available). Rs.2 per page+postal charges
(for information to be collected). Sec. 6 r/w Rule 6(3). |
To be prescribed. Sec.
5(1) |
To be prescribed. Sec. 5(4) |
Application Fee and Appeal Fee to be prescribed. Sec. 10 |
Must be reasonable & will not be imposed where the applicant
is below the poverty line. Amount to be prescribed. Sec 7(5) |
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TIME LIMIT |
30 working days. Sec.3(3)(d)(i) |
30 working days for granting of refusing request. Sec.
4(2) |
30 working days for granting or refusing request. Sec.
4 |
15 working days for granting info from date of receipt
of payment of fee. or refusing request within 15 days from the date
of application. Sec. 5 |
Normally within 15 working days for granting or refusing
latest within 30 working days. Sec. 5(2) |
15 working days from granting or refusing - provision
for extension by another 15 days with reasons. Sec. 6 |
Within 30 days from date of receipt of the application. Sec. 5(2) |
30 working days for granting or refusing. Sec. 5(2) |
30 working days for supply of information. Communication of rejection as early as possible. Sec. 5 (a) |
30 working days for granting or refusing. Sec 7 |
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URGENT REQUEST |
NO PROVISION |
Information relating to life & liberty to be given
or refused within 48 hrs. Sec. 4(2) |
NO PROVISION |
NO PROVISION |
NO PROVISION |
Within 24 hours of the request involving life and liberty
of a person. Sec. 6(5) |
NO PROVISION |
NO PROVISION |
NO PROVISION |
Within 48 hours for information concerning life and
liberty of a person. Sec 7(1) |
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APPEALS |
One internal appeal, Sec. 4 |
No internal appeal. One appeal to Administrative tribunal.
Sec. 6 |
One internal appeal, Sec.6; 2nd appeal to Dist. Vigilance
Commission/ civil service tribunal, Sec.7; Jurisdiction of Courts barred.
Sec. 11 |
Ist appeal to be prescribed, 2nd appeal to Karnataka
Appellate Tribunal, Sec.7; Jurisdiction of Courts barred. Sec. 10 |
One appeal to an Independent body – Public Grievances
Commission. Sec. 7 |
First appeal to internal appellate authority and second
appeal to Lokayukta/Upa-lokayukta whose decision is final. Decision
within 30 days from appeal. Sec. 11. Jurisdiction of courts barred.
Sec. 16 |
1st appeal to Controlling Officer (defined
in Sec. 2(a)). Sec. 6(1).
2nd appeal to Assam Administrative Tribunal. Sec.
6(4); Jurisdiction of courts barred. Sec. 10 |
One appeal to State Govt. or to appellate body as notified
under rules. Sec. 7 |
Two internal appeals. First appeal to Controlling Officer. Second appeal to the Government. Both appeals to be made within 30 days from date of rejection (can be extended). Both to be disposed of within 30 days. Bar on legal proceedings in courts. Sec. 9 & 14 |
One internal appeal to the officer senior in rank to
the PIO. Sec 19(1) |
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PENALTIES |
NO PROVISION |
Personal liability, penalties by disciplinary authorities
and discretionary imposition of Rs. 100/- per day fine for delay, Sec.
8 |
Disciplinary action and penalties to be described, Sec.
10 |
For delay without reasonable cause or supplying wrong
info. up to Rs. 2000/- fine + disciplinary action. Sec. 9 |
Disciplinary action and penalties to be prescribed in
the Rules. Sec. 9 |
Appellate authority can impose fine of Rs. 250 per day
for delay and up to Rs. 2000 on public info. officer for knowingly giving
incorrect/misleading info/wrong/incomplete info. Apart from this PIO
subject to disciplinary proceedings also. Sec. 12 |
For failure to supply information within specified period
or furnishing of false information, disciplinary action under relevant
service rules. Sec. 9 |
For failure to supply information within 30 days from
the date of receipt of the order of the appellate authority, penalty
up to Rs. 2000/- can be levied by the appellate authority on concerned
head of public body or on the designated officer. Sec. 8 |
For failure to supply information within specified period or knowingly furnishing of false information, disciplinary action under relevant service rules. Sec. 12 |
Where a PIO has, without any reasonable cause, refused to receive an application, has not furnished information within time limits, or malafidely denied the request or knowingly gave incorrect, incomplete or misleading information or destroyed information subject to as request or obstructed the process, a penalty of Rs 250 per day will be imposed until the application is received or information furnished. Total penalty not to exceed Rs 25 000. Sec 20(1)
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PUBLICITY OF THE ACT |
NO PROVISION |
NO PROVISION |
NO PROVISION |
NO PROVISION |
NO PROVISION |
NO PROVISION |
NO PROVISION |
NO PROVISION |
NO PROVISION |
To the extent of available financial and other resource,
the Government may organise public RTI education programmes, especially
for disadvantaged communities, promote and encourage public authorities
to do the same. Sec 26(1) |
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TRAINING & ORIENTATION OF GOVT. PERSONNEL |
NO PROVISION |
No mandatory provision, advisory role of the Council.
Sec. 11 |
NO PROVISION |
NO PROVISION |
No mandatory provision, advisory role of the Council.
Sec. 10 |
NO PROVISION |
NO PROVISION |
NO PROVISION |
NO PROVISION |
To the extent of available financial and other resource,
the Government may train PIOs and produce relevant training materials
for use by public authorities Sec 26(1)(d) |
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REGULATORY BODY |
NO PROVISION |
State Council, Sec. 11 |
NO PROVISION |
NO PROVISION |
State Council, Sec. 10 |
State Council-not regulatory body, but empowered to
monitor and review the working of the Act every six months. Additionally,
a Records Commission is there which will advise the Govt. on release
of old records to the public. Sec. 13&14 |
NO PROVISION |
NO PROVISION |
NO PROVISION |
Information Commissions required to monitor the Act
and produce Annual Reports on the implementation of the Act, including
recommendations for improvements. To be forwarded to the appropriate
Government for tabling in Parliament. Each Ministry or Department shall,
in relation to their public authorities, collect and provide to the
Information Commissions such information as needed to comply with their
monitoring duties Sec 25. |
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© Commonwealth Human Rights Initiative, |
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