Section 5 RTI Act: Designation of Public Information Officers
Right to Information Act, 2005
Section 5 RTI Act at a Glance
Section 5 RTI Act requires public authorities to designate Public Information Officers and Assistant Public Information Officers within 100 days of enactment. Submitting a request or appeal to an Assistant Public Information Officer adds 5 days under Section 7(1) RTI Act.
Section 5 RTI Act Bare Act Text
5. Designation of Public Information Officers.
(1) Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.
(2) Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:
Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.
(3) Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
(5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.
Section 5 RTI Act in Simple Words
Section 5 RTI Act requires every public authority to designate officers to receive and handle information requests and appeals under the Act. Under Section 5(1) RTI Act, every public authority (defined in Section 2 RTI Act) must, within 100 days of the enactment of the Act, designate as many officers as Central Public Information Officers or State Public Information Officers, as applicable, across all administrative units or offices under it as may be necessary to provide information to persons requesting information under Section 6 RTI Act.
Without limiting Section 5(1) RTI Act, Section 5(2) RTI Act requires every public authority, within 100 days of the enactment of the Act, to designate an officer at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or State Assistant Public Information Officer, as applicable. That Assistant Public Information Officer receives applications for information or appeals under the Act and forwards them forthwith (without delay) to the Central or State Public Information Officer, the senior appellate officer specified under Section 19(1) RTI Act, or the Central Information Commission or State Information Commission, as applicable. Under the proviso to Section 5(2) RTI Act, when an application for information or an appeal is given to a Central or State Assistant Public Information Officer, 5 days are added in computing the response period specified under Section 7(1) RTI Act (under Section 7(1) RTI Act, the standard limit is 30 days from receipt, or 48 hours where the information concerns a person's life or liberty).
Under Section 5(3) RTI Act, every Central Public Information Officer or State Public Information Officer must deal with requests from persons seeking information and give reasonable assistance to the persons seeking that information.
Under Section 5(4) RTI Act, a Central or State Public Information Officer may seek the assistance of any other officer that the Public Information Officer considers necessary for the proper discharge of official duties. Under Section 5(5) RTI Act, any officer whose assistance is sought under Section 5(4) RTI Act must give all assistance to the Public Information Officer who sought it, and for the purposes of any contravention (breach) of the provisions of the Act, that other officer is treated as a Central Public Information Officer or State Public Information Officer, as applicable.
When Section 5 RTI Act Applies
- Designate as many Central or State Public Information Officers as necessary across all administrative units or offices within 100 days of enactment (Section 5(1) RTI Act).
- Designate a Central or State Assistant Public Information Officer at each sub-divisional or other sub-district level within 100 days of enactment to receive applications or appeals and forward them forthwith (Section 5(2) RTI Act).
- Add 5 days in computing the response period under Section 7(1) RTI Act where an application or appeal is given to a Central or State Assistant Public Information Officer (proviso to Section 5(2) RTI Act).
- Deal with requests from persons seeking information and render reasonable assistance to them (Section 5(3) RTI Act).
- Allow a Public Information Officer to seek necessary assistance from any other officer, require that officer to render all assistance, and treat that officer as a Public Information Officer for any contravention of the Act (Section 5(4) and Section 5(5) RTI Act).
Example of Section 5 RTI Act
FAQs on Section 5 RTI Act
What is Section 5 RTI Act?▼
Section 5 RTI Act requires every public authority to designate Central or State Public Information Officers across its offices and Assistant Public Information Officers at sub-divisional or sub-district levels within 100 days of enactment. It also requires Public Information Officers to assist applicants, adds 5 days to the Section 7(1) RTI Act response time for filings made through an Assistant Public Information Officer, and treats assisted officers as Public Information Officers for any contravention of the Act.
How many extra days are added when an RTI application is submitted to an Assistant Public Information Officer under Section 5(2) RTI Act?▼
5 days. Under the proviso to Section 5(2) RTI Act, giving an RTI application or appeal to a Central or State Assistant Public Information Officer adds 5 days when computing the response period under Section 7(1) RTI Act.
Can a citizen submit an RTI appeal to an Assistant Public Information Officer under Section 5(2) RTI Act?▼
Yes. Under Section 5(2) RTI Act, a Central or State Assistant Public Information Officer receives both RTI applications and appeals and must forward them forthwith to the Public Information Officer, the senior officer under Section 19(1) RTI Act, or the Central or State Information Commission.
Must a Public Information Officer help a person who is seeking information under Section 5(3) RTI Act?▼
Yes. Section 5(3) RTI Act requires every Central or State Public Information Officer to deal with requests from persons seeking information and render reasonable assistance to those persons.
Can a Public Information Officer take help from another officer inside the public authority under Section 5(4) RTI Act?▼
Yes. Under Section 5(4) RTI Act, a Central or State Public Information Officer may seek the assistance of any other officer considered necessary for the proper discharge of official duties, and Section 5(5) RTI Act requires that officer to give all assistance.
Is an officer who assists a Public Information Officer accountable under Section 5(5) RTI Act?▼
Yes. Under Section 5(5) RTI Act, any officer whose assistance is sought under Section 5(4) RTI Act is treated as a Central or State Public Information Officer for the purposes of any contravention of the provisions of the Act.
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Sources: Bare Act Text, Right to Information Act, 2005 ·