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RTI Regulation 2009 - Introduction

Section 38 of the Right to Information has given the power to the Nepal Government to enact necessary regulation relating to right to information. Further, the Act also stipulates that the government has to consult National Information Commission (NIC) while framing regulation. RTI advocates and NGOs started lobbying for the regulation after the promulgation of the RTI Act as the latter alone was not adequate for the proper implementation of the right. 

The government enacted the regulation, pursuant to Section 38 and in consultation with NIC, on 9 February 2009. The regulation provides fee structure relating to RTI application, procedures of appeal in different level, proceedings of NIC, rights and duties of Secretary of NIC, remuneration and benefits of commissioners and other important issues. In addition, it also provides template of the appeal before the Commission.
 

Key Provisions

Right to Information regulation, 2009 is the tool to implement the Right to Information Act 2007 efficiently. It contains a number of positive provisions. Some of the key provisions under the regulation include: 
  • Provision relating to fees for obtaining information;
  • Registration of Appeal;
  • Proceeding and timeline for the decision;
  • Remuneration and benefits of Commissioners;
  • Provisions relating to the Secretary;
  • Function, duties and Power of the Secretary;
  • Format to submit Appeal before National Information Commission, etc.

For the full text of the Regulation, please read English and Nepali.
Click here for the RTI Regulation (Second Amendment) 2013.