Section 1
What is a Public Authority?
Under the Right to Information Act, 2005, a public authority is any authority or body established or constituted by or under the Constitution of India, or by any other law made by Parliament or State Legislature. The definition is provided under Section 2(h) of the RTI Act.
Public authorities are the primary entities that are subject to the RTI Act and are required to proactively disclose information and respond to RTI applications.
Key Points About Public Authorities
- Definition: Section 2(h) of the RTI Act
- Coverage: Government departments, public sector undertakings, NGOs, and bodies substantially funded by the government
- Obligations: Proactive disclosure, respond to RTI applications, designate PIOs
- Penalties: Non-compliance can lead to penalties under Section 20
Key Fact
Under Section 2(h)(d)(ii), even non-governmental organizations (NGOs) that are substantially funded by the government are considered public authorities under the RTI Act. RTI Portal
Section 2
Definition Under Section 2(h)
Section 2(h) of the RTI Act defines a "public authority" as any authority or body:
(i) Established or constituted by or under the Constitution of India (e.g., Supreme Court, High Courts, Election Commission)
(ii) Established or constituted by any law made by Parliament (e.g., SEBI, TRAI, NHRC)
(iii) Established or constituted by any law made by State Legislature (e.g., State Public Service Commissions, State Electricity Regulatory Commissions)
(iv) Established or constituted by notification issued or order made by the appropriate government (e.g., statutory bodies, boards, corporations)
(v) Bodies owned, controlled, or substantially financed by the government (e.g., PSUs, government companies)
(vi) Non-Governmental Organizations (NGOs) substantially funded by the government
Important: The term "substantially funded" has been interpreted by courts. If a body receives significant government funding, it falls under the definition of a public authority.
RTI Act - Section 2(h)
Section 3
Obligations of Public Authorities
Public authorities have several obligations under the RTI Act:
Proactive Disclosure: Publish information suo motu under Section 4(1)(b) (17 categories)
Designate PIOs: Appoint Central/State Public Information Officers under Section 5
Designate Appellate Authority: Appoint First Appellate Authority under Section 19(1)
Maintain Records: Properly maintain and index records under Section 4(1)(a)
Respond to RTI Applications: Provide information within 30 days (48 hours for life/liberty)
Publish Annual Reports: Submit annual reports to the Information Commission
Training: Train officials on RTI implementation
Key Point: Section 4(1)(b) of the RTI Act mandates 17 categories of information that must be proactively disclosed by public authorities, reducing the need for citizens to file RTI applications.
RTI Act - Section 4
Section 4
Proactive Disclosure Under Section 4
Section 4(1)(b) of the RTI Act requires public authorities to publish 17 categories of information suo motu (voluntarily). These include:
1. Organization, functions, and duties of the public authority
2. Powers and duties of officers and employees
3. Procedure followed in decision-making
4. Norms for discharge of functions
5. Rules, regulations, instructions, manuals, and records
6. Statement of categories of documents held
7. Particulars of arrangement for consultation with public
8. Board, councils, committees, and other bodies
9. Directory of officers and employees
10. Monthly remuneration of officers and employees
11. Budget allocation and expenditure
12. Subsidy programs and beneficiaries
13. Concessions, permits, or authorizations granted
14. Details of information available in electronic form
15. Particulars of facilities available for obtaining information
16. Names, designations, and contact details of PIOs
17. Other information as may be prescribed
Key Point
Proactive disclosure under Section 4(1)(b) is a cornerstone of the RTI Act. It reduces the burden on citizens to file RTI applications and promotes transparency. Many public authorities publish this information on their websites. RTI Act - Section 4
Section 5
Designation of PIOs & Appellate Authority
| Designation |
Section |
Role |
| Central/State Public Information Officer (CPIO/SPIO) |
Section 5(1) |
Receive RTI applications, provide information within 30 days, maintain records |
| Assistant Public Information Officer (APIO) |
Section 5(2) |
Receive RTI applications and forward to the CPIO/SPIO |
| Appellate Authority (First Appeal) |
Section 19(1) |
Hear appeals against CPIO/SPIO decisions, decide within 30-45 days |
Important: Every public authority must designate a CPIO/SPIO under Section 5(1) within 100 days of the Act coming into force. Failure to do so is a violation of the RTI Act.
RTI Act - Section 5
Section 6
Penalties for Non-Compliance
Public authorities and their PIOs face penalties for non-compliance under the RTI Act:
Penalty on PIO: ₹250 per day (up to ₹25,000) under Section 20
Disciplinary Action: Recommended by the Information Commission
Compensation: The Commission can order compensation to the applicant
Directions: The Commission can issue directions to the public authority
Imprisonment: In serious cases, prosecution under Section 22 of the RTI Act
Key Point: The Information Commission has the power to impose penalties and give directions to public authorities to ensure compliance with the RTI Act.
CIC - Powers
Section 7
Practical Tips for Public Authorities
Proactive Disclosure: Publish all Section 4(1)(b) information on your website in a user-friendly manner.
Designate PIOs: Ensure PIOs and Appellate Authorities are designated and their details are published.
Train Officials: Conduct regular training on RTI Act provisions and procedures.
Maintain Records: Properly index and maintain records for easy retrieval.
Respond on Time: Ensure RTI applications are responded to within 30 days (48 hours for life/liberty).
Use Technology: Utilize online portals for receiving and responding to RTI applications.
Annual Report: Submit annual reports to the Information Commission on time.
Feedback: Seek feedback from citizens and improve RTI processes.
Section 9
Frequently Asked Questions
1. What is a public authority under the RTI Act?
A public authority is any authority or body established or constituted by or under the Constitution, or by any law made by Parliament or State Legislature. It includes government departments, PSUs, and NGOs substantially funded by the government. (Section 2(h))
2. What are the obligations of a public authority under the RTI Act?
Public authorities must: proactively disclose information under Section 4(1)(b), designate PIOs, maintain records, respond to RTI applications within 30 days, and submit annual reports to the Information Commission.
3. What is proactive disclosure under Section 4?
Section 4(1)(b) requires public authorities to publish 17 categories of information suo motu (voluntarily). This includes organization details, powers of officers, decision-making procedures, budget allocation, and contact details of PIOs.
4. Who is a CPIO/SPIO?
A Central/State Public Information Officer (CPIO/SPIO) is an officer designated under Section 5(1) to receive RTI applications and provide information to citizens. Every public authority must appoint a CPIO/SPIO.
5. What is the role of the Appellate Authority?
The Appellate Authority (under Section 19(1)) hears First Appeals against the decisions of the CPIO/SPIO. It must decide the appeal within 30 days (extendable by 15 days).
6. Are NGOs considered public authorities?
Yes, under Section 2(h)(d)(ii), NGOs that are substantially funded by the government are considered public authorities. The term "substantially funded" has been interpreted by courts.
7. What is the penalty for non-compliance by a public authority?
The Information Commission can impose a penalty of ₹250 per day (up to ₹25,000) on the PIO under Section 20. The Commission can also recommend disciplinary action and order compensation to the applicant.
8. What information must be proactively disclosed?
17 categories of information under Section 4(1)(b), including the organization's functions, powers of officers, decision-making procedures, budget allocation, subsidy programs, and contact details of PIOs.
9. How can citizens identify a public authority?
Citizens can check if the authority/body is established by a law, receives substantial government funding, or is owned/controlled by the government. Lists of public authorities are available on the
RTI Portal .
10. What is the role of the Information Commission in relation to public authorities?
The Information Commission (Central or State) monitors the compliance of public authorities with the RTI Act. It hears Second Appeals, imposes penalties, and gives directions to public authorities to ensure transparency and accountability.
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