Open Records Laws › India › Maharashtra

Maharashtra

Maharashtra Right to Information Rules, 2005

Maharashtra Government Gazette, 2005; under RTI Act, 2005, s.28

Open Records Transparency: 41/100 (moderate) Transparency Score: 41/100

Response Timeline

Initial Response
30 days

30 days under RTI Act, 2005, s.7. If life or liberty is at stake: 48 hours. Maharashtra has its own SIC (Maharashtra State Information Commission) that adjudicates appeals. Application fee: Rs.50 (highest in country). Copy charge Rs.2 per A4 page. BPL applicants are exempt from all fees.

Exemptions

  • Security
    Information affecting sovereignty, integrity, security, or relations with foreign states
  • Cabinet
    Cabinet papers including deliberations of the Council of Ministers
  • Commercial confidence
    Trade secrets or commercial confidence causing competitive harm
  • Personal privacy
    Personal information with no public interest justification
  • Fiduciary
    Information held in fiduciary capacity
  • Foreign govt
    Information received in confidence from a foreign government
  • Law enforcement
    Information that would impede investigation or prosecution
  • Parliament
    Information that Parliament/Legislature prohibited from disclosing

Exemptions mirror RTI Act 2005 ss.8-9. Maharashtra courts have held that public interest override applies; disclosure required if public interest outweighs harm.

Appeal Process

1

Appeal to First Appellate Authority within the same department

2

Second appeal to Maharashtra State Information Commission (SIC)

SIC can impose penalties up to Rs.25,000 on erring SPIO

Maharashtra SIC is based in Mumbai. Proceedings can be attended in person or online.

Sources & References