RTI in State Governments: How State Rules Differ from Central Government Rules

If you've filed an RTI with a Central Government body before, you already know the drill: ₹10 fee, rtionline.gov.in, and the Central Information Commission (CIC) for second appeals. But what happens when the matter you want to pursue involves a state government body — a state school board, a state water utility, a state public sector company? Suddenly, the fee might be different, the portal is definitely different, and your second appeal goes to a completely different commission.

This is one of the most common sources of confusion when citizens start using the RTI Act seriously. The law is a single Central statute, but the procedures are not fully uniform. Here is everything you need to know about how state RTI rules differ from Central rules — and, just as importantly, what stays the same everywhere.

One Law, Two Sets of Rules — The Two-Tier Structure

The Right to Information Act, 2005 is a Central legislation passed by Parliament. It covers public authorities under both the Central Government and all state governments. There is no separate "state RTI Act" — every Indian public authority, whether it falls under the Centre or a state, is governed by this same law.

So how do differences arise?

The answer is in Sections 27 and 28 of the RTI Act.

Section 27 gives the Central Government the power to make rules on certain procedural matters — fee amounts, payment modes, the form of RTI applications, and so on. The Central Government exercised this power through the RTI (Regulation of Fee and Cost) Rules, 2005, notified by the Department of Personnel and Training (DoPT). These rules apply to all public authorities under the Central Government.

Section 28 gives each State Government the same rule-making power for public authorities within its jurisdiction. Every state legislature has made its own RTI rules under this section. These rules govern how citizens file RTIs with state public authorities within that state.

The result is a two-tier system. The core rights, timelines, exemptions, and appeal structure are locked in the main Act and are uniform everywhere. But the procedural mechanics — how much you pay, what portal you use, what payment instruments are accepted — can and do vary between the Centre and different states.

The "Appropriate Government" — Whose Rules Apply?

Before you can figure out which rules apply to your RTI, you need to know who is the "appropriate government" for the public authority you are writing to.

The RTI Act defines "appropriate government" in Section 2(a):

• For a Central Government body (a ministry, department, central PSU, central autonomous body): the Central Government is the appropriate government.
• For a body established by a state government (a state ministry, state PSU, state board, state autonomous body): the state government is the appropriate government.

This matters because:

• The rules made by the appropriate government determine the fee and procedure.
• The Information Commission under the appropriate government handles second appeals.

When you want to file an RTI, the first question to ask is: Is this body under the Central Government or a state government? Everything else — the portal, the fee, the appeal chain — flows from that answer.

Fee Differences — Where Confusion Begins

The most commonly asked question is: Do I pay ₹10 for a state RTI too?

The answer is: it depends on the state.

For Central Government bodies, the fee is fixed at ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. This is uniform across all central public authorities.

For state government bodies, each state has set its own fee in its own RTI rules. Some states charge ₹10, matching the Centre. Others have historically charged ₹5, ₹20, or other amounts. Some have revised their fee schedules over time. Because state rules are amended periodically and this blog cannot track every state's current schedule in real time, always verify the exact fee on your state's official RTI portal or government website before filing. Filing with the wrong fee amount is a common and easily avoidable mistake.

BPL Exemption — This One Is Uniform, and It Comes From the Act Itself

Here is something important: the exemption from fees for Below Poverty Line applicants is not just a rule — it is written into the main RTI Act itself.

Section 7(5) of the RTI Act, 2005 states that where an applicant is below the poverty line, they shall be provided the information free of charge. Because this is in the parent Act rather than in the subordinate rules, it is binding on every public authority in India — Central and state — regardless of what the state's RTI rules say about fees.

If you hold a valid BPL card, you are entitled to file RTI applications without paying any fee, with any public authority in any state. Attach a copy (self-attested) of your BPL card to your application and explicitly mention the Section 7(5) exemption.

The ₹2/Page Photocopy Rate

For Central Government bodies, the photocopy rate is ₹2 per page under the RTI (Regulation of Fee and Cost) Rules, 2005. Most states follow a similar per-page rate for their own bodies, but the exact amount can vary. As with the application fee, check your state's specific RTI rules for the actual per-page charge applicable to state authorities.

Filing Portals — This Is Where Things Get Practically Different

The portal differences are concrete and consequential. Filing in the wrong place means your application either gets bounced back or simply disappears into the wrong system.

Do not file a Central Government RTI on a state portal. Your application will not reach the right CPIO and will not be processed under the correct set of rules. The same applies in reverse — do not file a state government RTI on rtionline.gov.in.

The level of digital infrastructure varies significantly across states. Some states — Maharashtra, Karnataka, Tamil Nadu, Delhi among them — have functional online RTI portals that work reasonably well. Others have portals that are under-maintained or difficult to use. Several states still rely primarily on postal applications: you write your RTI letter, buy an Indian Postal Order (IPO) or court fee stamp for the applicable state fee, and send it by Speed Post or registered post to the CPIO at the state authority.

For postal applications to state bodies, always check whether the state accepts IPOs, court fee stamps, demand drafts, or some combination — state rules specify this and it varies.

Information Commissions — CIC vs. State Information Commissions

The RTI Act requires every state to establish its own State Information Commission (SIC) under Section 15 of the Act. The SIC handles second appeals and complaints involving public authorities under that state government. The Central Information Commission (CIC), established under Section 12, handles second appeals for Central Government bodies.

For Delhi, the commission is the Delhi Information Commission (DIC), established under Section 15 of the RTI Act. It handles all second appeals for Delhi State public authorities.

The powers that the commissions exercise are identical — they are set out in the Act itself, not in the rules. The CIC and every SIC can:

• Order disclosure of information
• Impose a penalty of ₹250 per day (up to a maximum of ₹25,000) on an errant CPIO under Section 20 of the Act
• Recommend disciplinary action

What differs between the CIC and various SICs is mainly structural: the number of Information Commissioners, their appointment process, the current backlog of cases, and how quickly they hear appeals. But the legal powers themselves are uniform because they come from the Act.

One practical note: SIC backlogs vary widely. Some SICs are relatively prompt; others have significant backlogs. This is worth factoring in if you are considering a state-level appeal.

The Tricky Cases — Getting Central vs. State Right

This is where people most often go wrong. The geographic location of an authority's office does not determine whether it is a Central or state body. What matters is which government established it and under which legislation it operates.

Central Government Bodies (even if physically located in Delhi)

Delhi State Bodies

The confusion around Delhi is especially common because Delhi has an unusual governance structure — both the Central Government and the Delhi Government exercise authority over different functions in the same city. When in doubt, check who controls the body (the central ministry or the Delhi Government) and which enabling legislation created it.

For Central PSUs operating in a state — say, an ONGC office in Gujarat or an NTPC plant in Uttar Pradesh — the body is still a Central Government public authority regardless of where it operates. RTI goes to rtionline.gov.in and second appeals go to the CIC.

For state PSUs — a state electricity board, a state road transport corporation, a state housing board — the body is under the state government. RTI goes to the state portal (or by post) and second appeals go to the relevant SIC.

What Is Uniform Everywhere — The Non-Negotiable Parts

The RTI Act locks down several rights and obligations that no state's rules can override, reduce, or modify. These apply identically whether you are filing with a Central ministry, a Delhi State department, or a body under any other state government.

Response deadline — Section 7(1): The CPIO must respond within 30 days of receiving your application. This is the same everywhere. No state rule can extend this to 45 days or 60 days. The only exception baked into the Act itself is the 48-hour deadline for information that concerns the life or liberty of a person (Section 7(1) proviso) — that applies everywhere too.

No reasons required — Section 6(2): You do not have to give any reason for seeking information. No CPIO anywhere can ask you why you want the information or reject your application because you didn't explain your purpose. This is uniform.

Transfer of misdirected applications — Section 6(3): If you send your application to the wrong authority and the information is held by another public authority, the CPIO receiving your application must transfer it within 5 days to the correct authority and inform you. A CPIO cannot simply reject an application saying "this is not our department" without first checking whether to transfer it. This obligation is uniform.

Two-stage appeal structure — Section 19: First appeal goes to the First Appellate Authority (FAA) within the same public authority, filed within 30 days of the decision (or expiry of the response period). Second appeal goes to the CIC or relevant SIC within 90 days of the FAA's decision. This structure is the same everywhere.

Section 8 exemptions — uniform and exhaustive: The exemptions from disclosure are listed in Section 8 of the Act. These are exhaustive. A state government cannot, through its RTI rules under Section 28, add new exemptions that do not appear in Section 8. If a state CPIO cites an exemption that is not in Section 8 of the Act, that refusal is not lawful.

Penalty powers — Section 20: The ₹250/day penalty (maximum ₹25,000) and the power to recommend disciplinary action apply to every CIC and SIC in the country. The mechanism is uniform.

BPL exemption — Section 7(5): As discussed above, this is in the Act itself and is binding everywhere.

Practical Guidance for Filing State RTIs

Knowing the legal framework is one thing. Here is what you actually need to do differently when filing with a state body.

Step 1: Confirm whether the body is Central or state. This is the most important step. For well-known bodies — central ministries, large PSUs — the answer is usually obvious. For local or regional bodies, check their official website, look at which ministry or state government oversees them, and check which legislation created them. When in doubt, it is worth spending five minutes on this before you commit to a portal and fee.

Step 2: Find your state's RTI portal or postal process. If your state has a functional online portal, file there. If not, find the CPIO's address for the specific authority and file by Speed Post or registered post. Speed Post is strongly preferred over ordinary post because it gives you a tracking number and delivery confirmation — and the 30-day clock starts from the date the CPIO receives your application, so you need proof of delivery.

Step 3: Find the correct fee for your state. Check your state government's official RTI page or the portal for the current applicable fee. Pay using the payment method specified in the state rules — this might be IPO, court fee stamp, demand draft, or an online payment gateway depending on the state.

Step 4: File, track, and follow up using the same Act provisions. Once filed, the Act's provisions kick in identically — 30-day response deadline, right to first appeal if you don't hear back, right to second appeal at the SIC. The process from here is the same regardless of which government's authority you are dealing with.

What if your application is wrongly rejected saying "file with the Central Government"? If a state CPIO receives your application, correctly or incorrectly believes the information is held by a Central body, the right move under Section 6(3) is to transfer your application — not to reject it outright. If you receive an outright rejection with instructions to re-file elsewhere, you can raise this in a First Appeal, noting that the CPIO was obligated to transfer under Section 6(3) rather than reject.

A Summary of the Key Differences

A Final Word on the Common Misconception

Many citizens assume that because there is one RTI Act, there is one standard procedure. It is a reasonable assumption — but it is not accurate. The Act intentionally left room for procedural variation at the state level, which is why fees, portals, and commissions differ. The rights themselves, however — the right to information, the deadlines, the exemptions, the appeals — are locked in the Act and are the same for every Indian citizen dealing with any public authority anywhere in the country.

Knowing which government's body you are dealing with is the single most important piece of knowledge for filing a successful RTI. Get that right, and the rest follows.

Not sure whether to file on rtionline.gov.in or your state's portal? RTI Sathi handles both Central Government and Delhi State RTI applications, and we identify the right authority for you before you file — so you don't spend time and money on an application that lands in the wrong system. Tell us what information you need; we handle the paperwork.