Designation of Public Information Officers
Commencement. Ss. 4(1), 5(1) (2), 12, 13, 15, 16, 24, 27, 28 (15-06-2005) and rest provisions on 120th day of its enactment.
Section 5 of the Right to Information Act, 2005 deals with designation of Public Information Officers. 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 informati The Act was enacted on 15 Jun 2005.
(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 subdistrict 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, The Right to Information Act, 2005 (Act 22 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Malappuram District Co. Op. Bank LTD vs State Information Commission
Court's Decision & Legal Precedent
Cooperative societies registered under state cooperative societies acts are not public authorities under Section 2(h) of the Right to Information Act, 2005, unless they satisfy one of the statutory tests: (a) are established or constituted by Constitution, Parliament law, State Legislature law, or executive notification; or (b) are owned by the appropriate government; or (c) are controlled by the appropriate government with substantial control (not mere supervisory/regulatory control) over management and affairs; or (d) are substantially financed, directly or indirectly, by funds provided by the appropriate government (meaning actual, existing, positive and real financing to substantial extent where body practically runs by such funding). The determination of whether a particular cooperative society meets these tests is a question of fact to be examined by the State Information Commission or Central Information Commission when disputed, on evidence. The burden of proof lies on the applicant seeking information or the government to demonstrate that a society satisfies one of these tests.
On this section: Obligation of public authorities to designate Public Information Officers - requires designation within 100 days of RTI Act's enactment
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Manohar vs State of Maharashtra
Court's Decision & Legal Precedent
State Information Commissions, being quasi-judicial bodies exercising adjudicatory functions with power to impose penalties and recommend disciplinary action having civil consequences, are bound by principles of natural justice including the doctrine of audi alteram partem. Before recommending disciplinary action under Section 20(2) of the Right to Information Act 2005, the Commission must provide a hearing to the concerned Public Information Officer. The grounds for such disciplinary action are exhaustive and limited to: persistent failure to receive application or furnish information within 30 days, mala fide denial, providing incorrect/incomplete/misleading information, destruction of information, or obstruction in furnishing information - all without reasonable cause. 'Negligence' alone is insufficient. The Commission must record reasoned findings that the default was persistent and without reasonable cause before recommending disciplinary action. The word 'shall' in Section 20(2) should be read as 'may', conferring discretion on the Commission to evaluate whether circumstances warrant recommendation based on the officer's explanation and the facts of the case.
On this section: Public Information Officer designation and responsibility
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 5
What have the courts held on Section 5 of the Right to Information Act?
Malappuram District Co. Op. Bank LTD vs State Information Commission (07 Oct 2013) is the leading judgment on this section among those set out below: Obligation of public authorities to designate Public Information Officers - requires designation within 100 days of RTI Act's enactment. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2012 to 2013.
How do I find court cases under Section 5 of the Right to Information Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTI Act 5, section 5 RTI Act, section 5 of the Right to Information Act. People searching for it also type rti 5(4) and rti 5(1). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Malappuram District Co. Op. Bank LTD vs State Information Commission (07 Oct 2013).
What should I read with Section 5 of the Right to Information Act, and has it changed?
Its own text turns on section 7 (Disposal of request), section 19 (Appeal), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.
When was Section 5 of the Right to Information Act enacted?
Section 5 of the Right to Information Act, cited as RTI Act 5, was enacted on 15 Jun 2005 as Act 22 of 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal669 words
- 7. Disposal of request657 words
- 4. Obligations of public authorities643 words
- 2. Definitions618 words
- 13. Terms of office and conditions of service530 words
- 8. Exemption from disclosure of information520 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.