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| - | ====== Guidelines for Public Authority | + | {{htmlmetatags> |
| + | metatag-description=(Public Authority | ||
| + | ====== Public Authority RTI Compliance Guide: Section 4 Disclosure, PIO Designation, | ||
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| - | Public authorities are the repository of information which the citizen have right to have under the Right to Information Act, 2005. As defined in the Act, a " Public authority " is any authority or body or institution of self government established or constituted by or under the Constitution; | + | {{:icons:public-authority.svg? |
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| - | The Act casts important obligation on public | + | <WRAP center round tip 100%> |
| + | **Direct answer.** A public authority | ||
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| - | ==== What is Information | + | This guide is for the head of department, the head of office, vigilance branches, internal RTI Cells, audit teams and supervising secretaries who must answer for the institution' |
| + | ===== 1. Section 2(h): what is a public authority ===== | ||
| - | Information is not an abstract concept under the RTI Act. It is conceived | + | Section 2(h) of the RTI Act defines a public authority |
| - | ==== Right to Information | + | * by or under the Constitution, |
| + | * by any other law made by Parliament or a State Legislature, | ||
| + | * by notification or order of the appropriate government, | ||
| + | and includes any body owned, controlled or substantially financed by government, and any non-government organisation substantially financed directly or indirectly by funds provided by the appropriate government. | ||
| - | A citizen has a right to seek such information from a public authority | + | The definition is intentionally wide. A society, |
| - | The Act gives the citizen a right to information at per with the Members of Parliament and the Members of State Legislatures. According to Act, the information, | + | ===== 2. Section 4: record management duty ===== |
| - | A citizen has a right to obtain an information | + | Section 4(1)(a) requires every public authority |
| - | The information to the applicant should ordinarily be provided in the form in which it is sough. However, if the supply of information sought in a particular form would disproportionately divert the resources of the public authority or may cause harm to the safety or preservation of the records, supply of information in that form may be denied. | + | The record-management duty has three operational elements: |
| - | The Act gives the right to information only to the citizen | + | - **Cataloguing.** A current index of file series with retention codes. |
| - | < | + | - **Indexing.** Each file is paginated and indexed; |
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| - | Only such information is required to be supplied under the Act which already exists and is held by the public authority | + | A public authority |
| - | ==== Information Exempted From Disclosure | + | ===== 3. Section 4(1)(b): the seventeen-point suo-motu disclosure ===== |
| + | Section 4(1)(b) requires every public authority to publish, within 120 days of the enactment of the Act, the following information, | ||
| - | Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-Section (2) of section8, however, provides that information exempted | + | ^ # ^ Item ^ Suggested URL slug ^ Update cycle ^ |
| + | | 1 | Particulars | ||
| + | | 2 | Powers and duties | ||
| + | | 3 | Procedure followed in decision-making, | ||
| + | | 4 | Norms set for the discharge | ||
| + | | 5 | Rules, regulations, instructions, | ||
| + | | 6 | Statement of categories of documents held or under control | / | ||
| + | | 7 | Particulars of any arrangement for consultation with, or representation by, the public | / | ||
| + | | 8 | Statement of boards, councils, committees and other bodies; whether their meetings are open to the public, and whether minutes are accessible | / | ||
| + | | 9 | Directory of officers and employees | / | ||
| + | | 10 | Monthly remuneration received by officers and employees, and the system of compensation | / | ||
| + | | 11 | Budget allocated | ||
| + | | 12 | Manner of execution of subsidy programmes, with allocations and beneficiary details | / | ||
| + | | 13 | Particulars of recipients of concessions, | ||
| + | | 14 | Details of information available or held in electronic form | / | ||
| + | | 15 | Particulars | ||
| + | | 16 | Names, designations and other particulars of PIOs and FAAs | / | ||
| + | | 17 | Such other information as may be prescribed | /rti/other | As prescribed | | ||
| - | It may be noted that section 8(3) of the Act does not require the public authorities | + | Section 4(2) requires constant endeavour |
| - | information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the State, relation with foreign state or lead to incitement of an offence; | + | ===== 4. Section 4 update discipline ===== |
| - | information the disclosure | + | A static |
| - | cabinet papers including records of deliberation of the Council of Ministers, Secretaries and other Officers subject to the conditions given in proviso to clause (I) sub-section (1) of Section 8 of the Act, | + | |
| - | Timely Supply of Information | + | |
| - | The Act requires that except in some special circumstances, | + | * **Item owner.** Each of the seventeen items has a named owner at Deputy Secretary level or equivalent. |
| + | * **Last updated stamp.** Every disclosure page carries | ||
| + | * **Quarterly review.** The RTI Cell circulates a checklist | ||
| + | * **Audit.** The annual internal audit programme covers Section 4 disclosure and reports any non-compliance | ||
| - | ==== Right Information Vis-a-vis other Acts ==== | + | ===== 5. Section 5: designation of PIOs and APIOs ===== |
| - | < | + | Section 5(1) requires every public authority to designate, within 100 days of the enactment of the Act, as many officers as Central or State Public Information Officers as may be necessary to provide information to persons requesting the information. Section 5(2) provides for Assistant PIOs at sub-divisional, |
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| - | The RTI Act has over-riding effect vis-a-vis other laws in as much as the provisions of the RTI Act would have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than the RTI Act. | + | Designation discipline: |
| - | ==== Maintenance | + | * **Order in writing.** Designation is by office order, gazette-notified where the rules so require, |
| + | * **Coverage.** A PIO at every administrative unit that holds records likely to be sought; an APIO at every public-facing field office. | ||
| + | * **Continuity.** When a PIO is transferred, | ||
| + | * **Training.** Newly designated PIOs are trained within 30 days. Refresher annually. | ||
| + | ===== 6. FAA designation ===== | ||
| - | Proper management of records | + | The First Appellate Authority |
| - | The public authority should computerize all its records which are appropriate | + | * **One step up.** The FAA is at least one rank senior |
| + | * **No conflict.** The FAA must not be the supervisory officer who has himself dealt with the file as a decision-maker | ||
| + | * **Published.** Item 16 of the suo-motu disclosure must list FAA name, designation, | ||
| + | * **Continuity.** Successor named on transfer. | ||
| - | ==== Suo Motu Disclosure | + | ===== 7. The RTI Cell ===== |
| + | Every public authority of any size should set up a centralised RTI Cell to coordinate receipt, transfer, fee accounting, register-keeping, | ||
| - | Every public authority should provide as much information suo motu to the public through various means of communications so that the public have minimum resort to the use of the Act obtain information. Internet being one of the most effective means of communications, | + | ===== 8. Annual return |
| - | Section 4(1)(b) of the Act, in particular, requires every public authority | + | |
| - | * the parliament of its organization, | + | |
| - | * the powers and duties of its officers and employees; | + | |
| - | * the procedure followed in the decision making process, including channels of supervision and accountability; | + | |
| - | * the norms set by it for the discharge of its functions; | + | |
| - | * the rules, regulations, | + | |
| - | * a statement of the categories of document that are held by it or under its control; | + | |
| - | * the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; | + | |
| - | * a statement of the boards, councils, committees and other bodies consisting of two more persons constituted as part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; | + | |
| - | * directory of its officers and employees; | + | |
| - | * the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; | + | |
| - | * the budge allocated to each of its agency, indicating the particulars of all plans, proposes expenditures and reports on disbursements made; | + | |
| - | * the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; | + | |
| - | * particulars of recipients of concessions, | + | |
| - | * details in respect of the information, | + | |
| - | * the particulars of facilities available to citizens for obtaining information, | + | |
| - | * the names, designations and other particulars of the Public | + | |
| - | Besides | + | Section 25(2) requires every Ministry or Department, in relation to the public authorities within its jurisdiction, to collect and provide such information to the Central or State Information Commission |
| - | Another important point to note is that it is not sufficient to publish | + | |
| - | ==== Dissemination of Information ==== | + | |
| + | The annual return typically captures: | ||
| - | The public authority should widely disseminate the information. Dissemination should be done in such form and manner which is easily accessible to the public. It may be done through notice boards, newspapers, public announcements, media broadcast, the internet | + | ^ Annual return field ^ Source register ^ |
| - | ==== Publication of Facts about Policies and Decision ==== | + | | Number of RTI applications received | Diary register | |
| + | | Number decided within 30 days | Decision register | | ||
| + | | Number where information | ||
| + | | Number rejected | ||
| + | | Number of first appeals filed | Appeal register | | ||
| + | | Number of first appeals allowed, partly allowed, dismissed | FAA order register | | ||
| + | | Number of second appeals | ||
| + | | Penalty proceedings, if any | Disciplinary register | | ||
| + | | Fee collected | Fee register | | ||
| + | | Section 4 update status | Section 4 register | | ||
| + | The return is submitted by the date prescribed by the Ministry or Department, normally before the financial-year close. | ||
| - | Public authorities formulate policies and take various decisions from time to time. As provided in the Act, while formulating important policies or announcing the decisions affecting the public, the public authority should publish all relevant facts about such policies and decisions for the information of public at large. | + | ===== 9. Record retention schedule ===== |
| - | ==== Providing Reasons for Decisions ==== | + | A workable retention discipline distinguishes: |
| + | * **A class.** Permanent. Policy files, statutory orders, scheme guidelines, audit reports, important correspondence with constitutional bodies. Never weeded. | ||
| + | * **B class.** 10 years. Procurement files above a threshold, project files, recruitment files, individual service records of retired employees. | ||
| + | * **C class.** 5 years. Routine administrative files, leave files, day-to-day correspondence not falling in A or B. | ||
| + | * **D class.** 3 years. Receipts, dispatches, daily registers and routine intimations. | ||
| - | The public authorities take various administrative | + | Weeding is by a register entry, not by silent disposal. |
| - | ==== Designation of CPIOs etc. ==== | + | ===== 10. Website disclosure checklist |
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| - | Every public authority is required to designate Public Information Officers in all the administrative units or offices under it. The public authorities should also designate | + | Use the following short checklist when a citizen visits |
| - | ==== Acceptance | + | * Is " |
| + | * Does the RTI page list PIOs, APIOs and FAAs with name, designation, | ||
| + | * Is the seventeen-point Section 4(1)(b) information published, item by item, with last-updated dates? | ||
| + | * Is the application form, fee and mode of payment clearly stated? | ||
| + | * Is there an online application route or, at minimum, an email address that accepts RTI applications? | ||
| + | * Is the previous year's annual return uploaded? | ||
| + | * Is the procurement, | ||
| + | * Are file noting redaction practices documented? | ||
| + | * Is the link to the relevant Information Commission given? | ||
| + | A public authority that ticks all nine boxes will reduce its incoming RTI volume substantially while improving citizen trust. | ||
| - | According to the Right to Information (Regulation of Fee and Cost) Rules, 2005 as amended by the Right to Information (Regulation of Fee and Cost) Rules, 2006, an applicant can make payment of fee in case or by demand draft or bankers cheque or India Postal Order payable to the Accounts Officer of the public authority. The public authority should ensure that payment by any of the above modes is not denied or the applicant is not compelled to draw IPO etc. in the name of any officer other than the Accounts Officer. If any public authority does not have any Accounts Officer, an officer may be designated as such for the purpose of receiving fee under the RTI Act or rules made there under. | + | ===== 11. Monthly |
| - | ==== Transfer | + | The Head of Office should review a one-page monthly dashboard. The format: |
| - | < | + | ^ Field ^ This month ^ Year to date ^ |
| - | <script async src=" | + | | Applications received | | | |
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| - | style=" | + | | Replies issued in 30 days | | | |
| - | data-ad-format=" | + | | Replies delayed | | | |
| - | data-ad-layout-key=" | + | | Section 8 refusals (clause-wise) | | | |
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| - | The Act provides that if an application is made to a public authority requesting for an information, | + | A trend line of " |
| - | ==== Compliance | + | <WRAP center round important 100%> |
| + | **Compliance | ||
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| + | ===== 12. Frequently asked questions ===== | ||
| - | While deciding an appeal, the Central Information Commission, may require the concerned public authority to take such steps as may be necessary to secure compliance with the provisions of the Act. In this regard the Commission may pass an order to provide information to an applicant in a particular form; appoint | + | ==== Is a non-government organisation |
| - | The Commission has power to pass orders requiring a public authority to compensate the complainant for any loss or other detriment suffered | + | It is, if it is substantially financed directly |
| - | The decisions of the Commission are binding. The public authority | + | ==== How many PIOs should a department designate? ==== |
| - | ==== Annual Report of the CIC ==== | + | As many as are reasonably required so that no record-holding unit is left without one. A single PIO at the headquarters with no APIOs at field offices is rarely adequate. |
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| - | The Central Information Commission, after the end each year, is required to prepare a report on the implementation of the Provisions of the Act during that year. Each Ministry or Department is required, | + | No. The FAA must be senior |
| - | * the number of requests made to each public authority; | + | ==== Is Section 4 mandatory or directory? ==== |
| - | * the number of decision where applicants were not entitled to access to the documents pursuant to the requests, the provisions of the Act under which these decisions were made and the number of times such provisions were invoked; | + | |
| - | * particulars of any disciplinary action taken against any officer in respect of the administration of the Act; | + | |
| - | * the amount of charges collected by each public authority under the Act; and | + | |
| - | * any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of the Act. | + | |
| - | Every public authority should send necessary material to its administrative Ministry/ | + | Mandatory. Section 4(1) uses " |
| - | If it appears to the Central Information Commission that a practice of the public authority in relation to the exercise of its functions under the Act does not conform with the provisions or spirit of the Act, it may give a recommendation to the authority specifying the steps ought to be taken for promoting such conformity. The concerned | + | ==== Does a public authority |
| - | ==== Development of Programmes etc. ==== | + | The Act does not prescribe the format. Electronic registers are recommended for any public authority receiving more than ten RTI applications a month, for searchability and dashboarding. |
| - | < | + | ==== Who signs the annual return to the Information Commission? ==== |
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| - | <ins class=" | + | The PIO designated for the purpose, countersigned by the Head of Office. The parent Ministry or Department consolidates and forwards. |
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| - | data-ad-format=" | + | ==== What happens if the public authority is restructured or dissolved? ==== |
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| - | data-ad-client=" | + | Records and PIO duties pass to the successor public authority. A formal handover note records the transfer. Records of dissolved bodies, where there is no successor, are typically kept by the parent Ministry' |
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| - | < | + | ===== Internal links ===== |
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| - | </ | + | * [[: |
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| - | It is expected of each public authority that it would develop and organize educational programmes | + | * [[: |
| - | {{filelisting}} | + | * [[: |
| - | ~~socialite~~ | + | * [[: |
| + | * [[:blog:ipl-ticket-refund-rti|IPL police security cost RTI]] | ||
| + | * [[:blog:ipl-ticket-refund-rti|Stadium permission RTI format]] | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | * Right to Information Act, 2005, Sections 2(h), 4, 5, 19, 25 | ||
| + | * Department | ||
| + | * Central | ||
| + | * // | ||
| + | * //CPIO, Supreme Court of India v. Subhash Chandra Agarwal//, (2020) 5 SCC 481 | ||
| + | |||
| + | ---- | ||
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| + | **Last reviewed:** 9 May 2026. | ||
| + | **Sources verified:** statutory citations and Supreme Court references cross-checked on 9 May 2026. | ||
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| + | {{tag> | ||