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guide:guidelines-for-public-authority
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guide:guidelines-for-public-authority [2020/02/16 14:56] – [Annual Report of the CIC] Shrawanguide:guidelines-for-public-authority [2026/04/19 15:28] (current) – external edit 127.0.0.1
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 ====== Guidelines for Public Authority ====== ====== Guidelines for Public Authority ======
 +
 +{{htmlmetatags>metatag-keywords=(guide guidelines for public authority rti right to information india)
 +metatag-description=(Public authorities are the repository of information which the citizen have right to have under the Right to Information Act, 2005.)}}
 +
 +
 +<WRAP center round info 95%>
 +**In one line.** A public authority under Section 2(h) of the Right to Information Act has positive obligations under Section 4 (suo motu disclosure), appointive obligations under Section 5 (designation of Public Information Officers and First Appellate Authorities), and disposal obligations under Sections 6, 7, and 11 on receipt of an application.
 +
 +**What that means in practice.**
 +  * Who is a public authority. A body formed under the Constitution, by a law of Parliament or a State Legislature, or by a notification of the appropriate Government. A body owned, controlled, or substantially financed by the appropriate Government. The test was set out by the Supreme Court in [[important-decisions:thalappalam-coop-vs-state-of-kerala|Thalappalam Service Coop. Bank v. State of Kerala]].
 +  * Section 4 duties. Publish seventeen categories of information on the authority's own initiative, update at least annually, and facilitate electronic access where possible.
 +  * Section 5 designations. Designate a Central Public Information Officer and an Assistant Public Information Officer at each office, designate a First Appellate Authority, and publish their particulars.
 +  * Response obligations. On receipt of an application, the Public Information Officer must act on the timelines in Section 7. Transfer under Section 6(3) within five days if the subject is not with this authority. Third-party notice under Section 11 within five days if applicable.
 +  * After 14 November 2025. Section 8(1)(j) as amended affects the treatment of personal information in Section 4 disclosures as well as in responses to applications. See [[blog:dpdp-rules-2025-amendment-to-rti-act|DPDP Rules, 2025]].
 +</WRAP>
  
  
 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; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. Bodies owned, controlled or substantially financed by the Central Government substantially financed by the Central Government or State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect. 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; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. Bodies owned, controlled or substantially financed by the Central Government substantially financed by the Central Government or State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect.
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 The Act casts important obligation on public authorities so as to facilitate the citizens or the country to access the information held under their control. The obligations of the authority are basically the obligations of the head of the authority, which should ensure that these are met in right earnest. Reference made to public authority in this document is, in face, a reference to the head of the public authority. The Act casts important obligation on public authorities so as to facilitate the citizens or the country to access the information held under their control. The obligations of the authority are basically the obligations of the head of the authority, which should ensure that these are met in right earnest. Reference made to public authority in this document is, in face, a reference to the head of the public authority.
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 The Act gives the right to information only to the citizen of India. It does not make provision for giving information to Corporations, Associations, and Companies etc. Which are legal entities/persons, but not citizens. However, if an application is made by an employee or office - bearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee/office bearer is a citizen of India, information may be supplied to him/her. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc. The Act gives the right to information only to the citizen of India. It does not make provision for giving information to Corporations, Associations, and Companies etc. Which are legal entities/persons, but not citizens. However, if an application is made by an employee or office - bearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee/office bearer is a citizen of India, information may be supplied to him/her. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc.
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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 or held under the control of the public authority, It is not required under the Act to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. Only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority, It is not required under the Act to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.
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 ==== Right Information Vis-a-vis other Acts ==== ==== Right Information Vis-a-vis other Acts ====
  
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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. 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.
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 ==== Designation of CPIOs etc. ==== ==== Designation of CPIOs etc. ====
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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 the First Appellate Authorities and publish the details thereof along with the details of the Public Information Officers. Every public authority is also required to designate Assistant Public Information Officers at each sub-divisional level. The Government has decided that Central Assistant Public Information Officers (CAPIOs) appointed by the Department of posts would act as CAPIOs for all the public authorities under the Government of India. 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 the First Appellate Authorities and publish the details thereof along with the details of the Public Information Officers. Every public authority is also required to designate Assistant Public Information Officers at each sub-divisional level. The Government has decided that Central Assistant Public Information Officers (CAPIOs) appointed by the Department of posts would act as CAPIOs for all the public authorities under the Government of India.
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 ==== Transfer of Applications ==== ==== Transfer of Applications ====
  
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 The Act provides that if an application is made to a public authority requesting for an information, which is held by another public authority; or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or relevant part of it to that other public authority within five days from the receipt of the application. The public authority should sensitise its officers about this provision of the Act lest the public authority is held responsible for delay. The Act provides that if an application is made to a public authority requesting for an information, which is held by another public authority; or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or relevant part of it to that other public authority within five days from the receipt of the application. The public authority should sensitise its officers about this provision of the Act lest the public authority is held responsible for delay.
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 ==== Annual Report of the CIC ==== ==== Annual Report of the CIC ====
  
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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, in relation to the public authorities within its jurisdiction, Commission for preparation of the report. The report of the Commission, inter0alia, contains following information in respect of the year to which the report relates 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, in relation to the public authorities within its jurisdiction, Commission for preparation of the report. The report of the Commission, inter0alia, contains following information in respect of the year to which the report relates
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 ==== Development of Programmes etc. ==== ==== Development of Programmes etc. ====
  
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 It is expected of each public authority that it would develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities, as to how to exercise the rights contemplated under the Act and ensure timely and effective dissemination of accurate information about their activities. Training of the Public Information Officers and other officers of a public authority is very important for meeting these expectations and effective implementation of the provisions of the Act. The public authorities should, therefore arrange for training or their officers designated as Public Information Officer/First Appellate Authority and other officer who are directly or indirectly involved in the implementation of the provisions of the Act. It is expected of each public authority that it would develop and organize educational programmes to advance the understanding of the public, in particular of disadvantaged communities, as to how to exercise the rights contemplated under the Act and ensure timely and effective dissemination of accurate information about their activities. Training of the Public Information Officers and other officers of a public authority is very important for meeting these expectations and effective implementation of the provisions of the Act. The public authorities should, therefore arrange for training or their officers designated as Public Information Officer/First Appellate Authority and other officer who are directly or indirectly involved in the implementation of the provisions of the Act.
 {{filelisting}} {{filelisting}}
 ~~socialite~~ ~~socialite~~
 +
 +
 +
 +
 +<WRAP center round help 95%>
 +**New to RTI? File your first application in ten minutes.** See [[file-rti-online-india|How to File RTI Online in India — 2026 Step-by-Step Guide]] with a ready-to-use English and Hindi template, the Rs 10 online fee flow, and the appeal path.
 +</WRAP>
 +
 +===== Related =====
 +
 +  * [[guide:applicant:first-appeal|First Appeal]].
 +  * [[guide:applicant:fundamental-facts|Fundamental Facts about RTI]].
 +  * [[guide:applicant:application:sample:rti-form-marathi|RTI Form in Marathi]].
 +  * [[guide:applicant:application:sample:start|RTI Application Forms]].
 +  * [[guide:applicant:application:information-free-of-cost|When to supply information free of Cost?]].
 +
 +{{tag>rti guide public-authority}}
  
guide/guidelines-for-public-authority.txt · Last modified: by 127.0.0.1