Prescribed — who may make RTI rules
Quick Reply: In the RTI Act, “prescribed” means prescribed by rules made under this Act by the appropriate Government or the competent authority — §2(g), verbatim. In practice: only the Central or State Government (or a listed competent authority like the Speaker or Chief Justice) can make binding RTI rules. No department, board or university may invent its own RTI fee, form or extra exemption.
The definition, word by word
“prescribed” means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be; — §2(g), RTI Act, 2005.
- “rules made under this Act” — the rule must trace to rule-making power the Act itself grants (mainly §§27 and 28, plus the Commission's appeal-procedure power). Anything else is not “prescribed”; it is decoration.
- “appropriate Government” — §2(a): the Central Government for Central/UT-funded authorities, the State Government for State-funded ones.
- “competent authority” — §2(e): Speaker/Chairman for legislatures, CJI for the Supreme Court, Chief Justices for High Courts, and constitutional authorities for others. These bodies prescribe for their own house.
- “as the case may be” — whichever of the two governs the public authority concerned.
What is actually prescribed
- Application fee and further fees — the ₹10-and-rate-card regime, state by state.
- Form and procedure for applications and appeals where a state chooses to prescribe forms.
- Appeal procedure before the Commissions (time limits, documents, compilation).
- Other incidental matters the Act expressly lists in §§27–28.
The limit nobody may cross
- Rules cannot add exemptions: no rule may withhold information the Act would disclose — §8 is a closed list, and a rule that widens it is ultra vires the Act.
- Rules cannot add fees beyond the scheme: a departmental circular demanding ₹500 “processing” is not prescribed; it is illegal.
- Rules cannot shift deadlines: the 30-day clock (48 hours for life and liberty) is statutory; no rule stretches it.
- A department's internal office manual is not rules under the Act — cite §2(g) when one is quoted at you.
FAQs
My university demands its own RTI form — is that valid?
Only if the competent authority or Government prescribed it. A university's self-made form can at best be a convenience, never a condition for rejection.
A board says my appeal is late per its internal circular — help?
Appeal windows are statutory/court-read; an internal circular does not bind. First appeal within 30 days, second within 90 — challenge the circular's application.
Where do I find the actual rules?
The Central rules (RTI Regn. of Fee & Cost Rules, and the CIC appeal-procedure rules) and each state's notifications — see RTI Rules — Central, State, and Commission rules and the state fee hub.
Related
Sources
- Right to Information Act, 2005, §§2(a), 2(e), 2(g), 27, 28.
- The Central and State rules made under §§27–28 (collected in the rules index).
Last reviewed on: 27 August 2026. Rebuilt from the verbatim 2(g) definition; the unverifiable personal-communication note and formatting relics removed; the limits-of-rule-making section added.