section-4-proactive-disclosure
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| + | ====== Section 4(1)(b) RTI Act — Proactive Disclosure: 17 Categories Every Public Authority Must Publish (2026) ====== | ||
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| + | **Need help drafting this RTI?** Use our free **[[: | ||
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| + | **Section 4(1)(b) of the Right to Information Act, 2005 requires every public authority in India to publish 17 categories of information on its own website, without waiting for any RTI application. The obligation is continuous: disclosure must be in electronic form where possible, in the local language, and updated at least once a year. Non-compliance triggers Section 18 complaint and Section 20 penalty exposure.** | ||
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| + | ===== Quick Answer: §4(1)(b) Proactive Disclosure ===== | ||
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| + | * **What it is** — Proactive (suo motu) publication by every public authority of 17 specific categories of information under §4(1)(b). | ||
| + | * **Where** — The public authority' | ||
| + | * **When** — Initially within 120 days of the Act's commencement (applicable to all authorities continuously); | ||
| + | * **Enforcement** — Complaint under §18 to the Information Commission; Commission can direct compliance under §19(8)(a)(iii); | ||
| + | * **Citizen remedy** — File RTI for missing categories citing §4(1)(b); Information Commission ruling usually directs full publication. | ||
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| + | ===== The 17 Categories of Proactive Disclosure ===== | ||
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| + | ^ # ^ §4(1)(b) clause ^ What must be published ^ | ||
| + | | 1 | (i) | The particulars of its organisation, | ||
| + | | 2 | (ii) | The powers and duties of its officers and employees | | ||
| + | | 3 | (iii) | The procedure followed in the decision-making process, including channels of supervision and accountability | | ||
| + | | 4 | (iv) | The norms set by it for the discharge of its functions | | ||
| + | | 5 | (v) | The rules, regulations, | ||
| + | | 6 | (vi) | A statement of the categories of documents that are held by it or under its control | | ||
| + | | 7 | (vii) | 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 | | ||
| + | | 8 | (viii) | A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its 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 | | ||
| + | | 9 | (ix) | A directory of its officers and employees | | ||
| + | | 10 | (x) | The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations | | ||
| + | | 11 | (xi) | The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made | | ||
| + | | 12 | (xii) | The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes | | ||
| + | | 13 | (xiii) | Particulars of recipients of concessions, | ||
| + | | 14 | (xiv) | Details in respect of the information, | ||
| + | | 15 | (xv) | The particulars of facilities available to citizens for obtaining information, | ||
| + | | 16 | (xvi) | The names, designations and other particulars of the Public Information Officers (PIOs and FAAs) | | ||
| + | | 17 | (xvii) | Such other information as may be prescribed | | ||
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| + | ===== Statutory text — Section 4(1) ===== | ||
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| + | >//Every public authority shall — | ||
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| + | >(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated; | ||
| + | > | ||
| + | >(b) publish within one hundred and twenty days from the enactment of this Act, — | ||
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| + | >(the seventeen items listed above) | ||
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| + | >(c) publish all relevant facts while formulating important policies or announcing the decisions which affect public; | ||
| + | > | ||
| + | >(d) provide reasons for its administrative or quasi-judicial decisions to affected persons.// | ||
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| + | >// | ||
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| + | >// | ||
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| + | >// | ||
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| + | ===== Compliance self-audit ===== | ||
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| + | A public authority can self-audit its §4(1)(b) compliance with this 10-question checklist: | ||
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| + | - Is the §4(1)(b) disclosure a **separate, prominently-linked** section on the website homepage? | ||
| + | - Is it available **in English and the local language**? | ||
| + | - Is each of the **17 clauses (i) to (xvii)** present and not just " | ||
| + | - Is the officer **directory (clause ix)** current — names, posts, contact, NOT an external login-only directory? | ||
| + | - Is the **monthly remuneration (clause x)** published by post, not only aggregate payroll? | ||
| + | - Are **budget allocations (clause xi)** disaggregated by scheme/ | ||
| + | - Are **beneficiary lists (clause xii)** published for scholarship / subsidy / housing / loan-waiver schemes? | ||
| + | - Are **PIO and FAA details (clause xvi)** current, with working contact? | ||
| + | - Was the **last update** within the last 12 months? | ||
| + | - Is the page **machine-readable** (HTML or CSV) rather than only scanned PDFs? | ||
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| + | ===== Landmark case law ===== | ||
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| + | * **// | ||
| + | * **// | ||
| + | * **//CIC orders on Sec 4(1)(b) non-compliance// | ||
| + | * **// | ||
| + | * **//CIC Full Bench 2013 on Political Parties//** — recognized and directed §4(1)(b) compliance on six parties. | ||
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| + | Browse the **[[: | ||
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| + | ===== Citizen enforcement — what to do if §4(1)(b) is missing ===== | ||
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| + | - **Screenshot** the department homepage showing the missing or incomplete §4(1)(b) page. | ||
| + | - **File an RTI** to the PIO asking: " | ||
| + | - **First Appeal** under §19(1) if PIO disregards or routes away. | ||
| + | - **Complaint under §18** to the Information Commission — this skips the first-appeal wait and lets the Commission directly direct compliance. | ||
| + | - **Follow-up** — the Commission order under §19(8)(a)(iii) is binding and executable; persistent non-compliance exposes PIO to §20 penalty. | ||
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| + | ===== Common mistakes by public authorities ===== | ||
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| + | * **Partial coverage** — publishing only 5-6 of the 17 categories and calling the page " | ||
| + | * **Outdated content** — last update in 2018 on a 2026 page. | ||
| + | * **Linking to scanned PDFs** instead of structured data. | ||
| + | * **Officer directory behind login wall** — violates §4(1)(b)(ix). | ||
| + | * **"Not applicable" | ||
| + | * **English only** where local language is predominant — violates §4(4). | ||
| + | * **" | ||
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| + | ===== FAQs — People Also Ask ===== | ||
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| + | **Q1. Does §4(1)(b) apply to PSUs and state undertakings? | ||
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| + | Yes. Any body that is a " | ||
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| + | **Q2. Is §4(1)(b) enforceable? | ||
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| + | Yes. §19(8)(a)(iii) lets the Information Commission direct compliance; §20 penalty up to Rs 25,000 is available against the responsible officer; §18 complaints can be filed directly. | ||
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| + | **Q3. What about private bodies?** | ||
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| + | Private bodies are not §2(h) public authorities unless they are substantially government-financed per // | ||
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| + | **Q4. Does §4(1)(b) override §8 exemptions? | ||
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| + | No. The 17 categories exclude genuinely exempt information (§8(1) grounds retained). But §4(1)(b) is quite comprehensive and most claimed exemptions do not fit any §8 clause when tested. | ||
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| + | **Q5. What is " | ||
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| + | They are the same thing. "Suo motu" (on one's own motion) is the traditional term; " | ||
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| + | ===== What Should You Do Next? ===== | ||
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| + | * **File an RTI seeking missing disclosure: | ||
| + | * **Template for §4(1)(b) compliance RTI:** [[: | ||
| + | * **Complaint under §18 to the Commission: | ||
| + | * **Understand §2(h) — who is a public authority: | ||
| + | * **Policy files becoming public post-decision: | ||
| + | * **Sibling framework pages:** [[: | ||
| + | * **Landmark rulings:** [[: | ||
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| + | ===== Related reading ===== | ||
| + | * [[: | ||
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| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
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| + | ===== Sources ===== | ||
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| + | * Right to Information Act, 2005 — §4(1), §4(2), §4(3), §4(4), §18, §19(8), §20. | ||
| + | * Information Commission circulars on §4(1)(b) compliance. | ||
| + | * Supreme Court and Central Information Commission rulings cited above. | ||
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| + | ---- | ||
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| + | //Last reviewed: 24 April 2026.// | ||
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section-4-proactive-disclosure.txt · Last modified: by 127.0.0.1
