Section 4 RTI Act: Obligations of public authorities
Right to Information Act, 2005
Section 4 RTI Act at a Glance
Section 4 RTI Act requires every public authority to catalogue and index its records, publish 17 categories of information within 120 days of enactment, and update them every year. Authorities must also share information on their own to minimise formal RTI requests.
Section 4 RTI Act Bare Act Text
4. Obligations of public authorities.
(1) Every public authority shall—
(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,—
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(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;
(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;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;
(xvii) such other information as may be prescribed;
and thereafter update these publications every year;
(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.
(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.
Explanation.—For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.
Section 4 RTI Act in Simple Words
Section 4 RTI Act sets out the record-keeping and proactive disclosure duties of every public authority so citizens can exercise the right to information under Section 3 RTI Act. (Section 2 RTI Act defines public authority, information, and right to information.) Under Section 4(1)(a) RTI Act, every public authority must keep all its records properly catalogued and indexed in a form that facilitates access under the Act, and must ensure that records appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and linked through a nationwide network across different systems.
Under Section 4(1)(b) RTI Act, every public authority had to publish 17 categories of information within 120 days from the enactment of the Act. The first eight categories cover: (i) particulars of its organisation, functions, and duties; (ii) powers and duties of its officers and employees; (iii) the decision-making procedure, including channels of supervision and accountability; (iv) norms set for discharging its functions; (v) rules, regulations, instructions, manuals, and records held by it, under its control, or used by its employees in discharging functions; (vi) a statement of the categories of documents held by it or under its control; (vii) particulars of any arrangement for consultation with, or representation by, members of the public regarding policy formulation or implementation; and (viii) a statement of boards, councils, committees, and other bodies of 2 or more persons formed as part of it or to advise it, stating whether their meetings are open to the public or their minutes are accessible to the public.
The remaining nine categories under Section 4(1)(b) RTI Act are: (ix) a directory of officers and employees; (x) monthly remuneration received by each officer and employee, including the system of compensation in its regulations; (xi) the budget allocated to each agency, showing all plans, proposed expenditures, and reports on disbursements made; (xii) how subsidy programmes are executed, including allocated amounts and beneficiary details; (xiii) particulars of recipients of concessions, permits, or authorisations granted by it; (xiv) details of information available to or held by it in electronic form; (xv) facilities available to citizens for obtaining information, including working hours of a library or reading room if maintained for public use; (xvi) names, designations, and other particulars of Public Information Officers (designated under Section 5 RTI Act); and (xvii) any other prescribed information. Every public authority must update these publications every year. In addition, Section 4(1)(c) RTI Act requires publishing all relevant facts while formulating important policies or announcing decisions that affect the public, and Section 4(1)(d) RTI Act requires giving reasons for administrative or quasi-judicial decisions to affected persons.
Under Section 4(2) RTI Act, every public authority must make a constant effort, in line with Section 4(1)(b) RTI Act, to provide as much information suo motu (on its own initiative, without waiting for an application) to the public at regular intervals through various communication channels, including the internet, so that the public has minimum need to resort to the Act (such as filing formal requests under Section 6 RTI Act) to obtain information.
Under Section 4(3) RTI Act, all information for the purposes of Section 4(1) RTI Act must be disseminated widely in a form and manner easily accessible to the public. Under Section 4(4) RTI Act, materials must be disseminated considering cost effectiveness, the local language, and the most effective communication method in that local area, and information should be easily accessible, to the extent possible in electronic format, with the Central Public Information Officer or State Public Information Officer, available free or at such cost of the medium or print cost price as may be prescribed. The Explanation to Section 4(3) and Section 4(4) RTI Act defines dissemination as making information known or communicating it to the public through notice boards, newspapers, public announcements, media broadcasts, the internet, or any other means, including inspection of the offices of any public authority.
When Section 4 RTI Act Applies
- Maintain all records duly catalogued and indexed, and computerise and network appropriate records within a reasonable time subject to available resources (Section 4(1)(a) RTI Act).
- Publish the 17 specified categories of organisational, procedural, financial, beneficiary, and Public Information Officer details within 120 days of enactment and update them every year (Section 4(1)(b) RTI Act).
- Publish all relevant facts while formulating important policies or announcing decisions that affect the public (Section 4(1)(c) RTI Act).
- Provide reasons for administrative or quasi-judicial decisions to affected persons (Section 4(1)(d) RTI Act).
- Make a constant effort to provide information suo motu (on its own) at regular intervals, including on the internet, to minimise the public's need to use the Act to obtain information (Section 4(2) RTI Act).
- Disseminate materials widely in an easily accessible form, considering cost effectiveness, the local language, and electronic availability with the Public Information Officer free or at prescribed medium or print cost (Section 4(3) and Section 4(4) RTI Act).
Example of Section 4 RTI Act
When Section 4 RTI Act Does Not Apply
- Under Section 4(1)(a) RTI Act, the obligation to computerise and network records applies only to records appropriate to be computerised, within a reasonable time and subject to availability of resources.
- Under Section 4(1)(b)(xv) RTI Act, publishing the working hours of a library or reading room is required only if one is maintained for public use.
- Under Section 4(4) RTI Act, making materials accessible in electronic format with the Central or State Public Information Officer applies only to the extent possible.
FAQs on Section 4 RTI Act
What is Section 4 RTI Act?▼
Section 4 RTI Act sets out the record-keeping and proactive disclosure obligations of every public authority. It requires public authorities to index their records, publish 17 categories of information within 120 days of the Act's enactment with annual updates, share policy facts, and give reasons for administrative or quasi-judicial decisions to affected persons.
How frequently must a public authority update the disclosures published under Section 4(1)(b) RTI Act?▼
Every year. After making the initial publication within 120 days from the enactment of the Act, Section 4(1)(b) RTI Act requires every public authority to update those publications annually.
Must a public authority give reasons for its decisions under Section 4(1)(d) RTI Act?▼
Yes. Under Section 4(1)(d) RTI Act, every public authority must provide reasons for its administrative or quasi-judicial decisions to the persons affected by those decisions.
What does suo motu disclosure mean under Section 4(2) RTI Act?▼
Proactive disclosure by a public authority on its own initiative without waiting for an RTI request. Section 4(2) RTI Act requires every public authority to make a constant effort to publish information at regular intervals through various communication channels, including the internet, so the public has minimum need to use the Act to obtain information.
Are Section 4 RTI Act disclosures available free of charge?▼
Free or at prescribed medium or print cost. Under Section 4(4) RTI Act, disseminated materials with the Central or State Public Information Officer are available free or at such cost of the medium or print cost price as may be prescribed.
How can a public authority disseminate information under Section 4 RTI Act?▼
Through notice boards, newspapers, public announcements, media broadcasts, the internet, office inspection, or any other means. The Explanation to Section 4(3) and Section 4(4) RTI Act states that dissemination covers all these methods, and Section 4(4) RTI Act directs authorities to consider cost effectiveness, the local language, and the most effective local communication method.
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Sources: Bare Act Text, Right to Information Act, 2005 ·