Comparative Table of Indian RTI Laws

PROVISION

T. NADU, 1997

GOA, 1997

RAJASTHAN, 2000

KARNATAKA, 2000

DELHI, 2001

MAHARASHTRA , 2002

ASSAM, 2002

MADHYA PRADESH, 2003

JAMMU & KASHMIR 2004

RTI ACT 2005

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)

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)

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)

Information to be given if reasonably severable. S.10(1)

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)

Constant endeavour of public authorities to provide as much information as possible suo moto. Sec 4(2)

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)

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)

Information is provided free if the public authority fails to comply with time limits. Sec 7(6)

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

40 days where confidential third party information has been requested. Sec 11(3)

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)

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)

Second appeal to the Central or State Information Commissions, which are independent appeal bodies set up under the Act. Sec 19(3);

Jurisdiction of Courts barred. Sec 23

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)


In the above cases, the Information Commission can also recommend disciplinary action against the PIO under the applicable service rules. Sec 20(2)

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)

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)

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.

Commonwealth Human Rights Initiative, New Delhi, current to May 2005