Section 5 of RTI Act 2005: Designation of Public Information Officers
Section 5 of the Right to Information Act, 2005 requires public authorities to appoint Public Information Officers and Assistant Public Information Officers, specifies their role in receiving and handling requests, and establishes responsibility when other officers are asked to assist.
- CPIOs and SPIOs handle RTI requests.
- Assistant PIOs receive and forward applications and appeals.
- Submission through an Assistant PIO adds five days to the Section 7(1) response period.
- Other officers must assist when requested and may be treated as PIOs for contraventions.
What is a Public Information Officer under the RTI Act?
Under Section 2, a Central Public Information Officer or State Public Information Officer is an officer designated under Section 5(1), including the corresponding Assistant Public Information Officer designated under Section 5(2). A public authority is defined in Section 2(h) and includes specified government bodies and substantially government-financed bodies and non-governmental organisations.
Section 5(1): Designation of PIOs
Every public authority must designate as many Central Public Information Officers (CPIOs) or State Public Information Officers (SPIOs), as applicable, in its administrative units and offices as necessary to provide information to applicants. The Act originally required these designations within 100 days of its enactment. The obligation to maintain sufficient designated officers continues.
Section 5(2): Assistant Public Information Officers
Every public authority must also designate Central or State Assistant Public Information Officers (CAPIOs or SAPIOs) at each sub-divisional or other sub-district level. They receive RTI applications and appeals and forward them promptly to the appropriate PIO, first appellate authority under Section 19(1), or Central or State Information Commission, as applicable. Where an application or appeal is submitted through an Assistant PIO, five days are added when calculating the response period specified in Section 7(1).
Section 5(3): Assistance to applicants
The CPIO or SPIO must deal with requests from people seeking information and provide reasonable assistance. This is especially relevant when an applicant needs help identifying records or making a request under Section 6.
Section 5(4): Assistance from other officers
A CPIO or SPIO may seek assistance from any other officer considered necessary to discharge the duties of the PIO properly.
Section 5(5): Responsibility of assisting officers
An officer whose assistance is requested under Section 5(4) must provide it. For any contravention of the RTI Act, that officer is treated as a CPIO or SPIO, as applicable. This deemed responsibility is relevant when considering failures to provide information or delays attributable to the assisting officer.
How Section 5 works with other RTI provisions
Section 6 governs requests for information, including assistance to persons who cannot make written requests. Section 7 governs disposal of requests and response time limits. The ordinary time limit under Section 7(1) is 30 days from receipt, subject to the Act's specific provisions, including the 48-hour rule for information concerning life or liberty. The additional five days under Section 5(2) applies when a request is submitted through an Assistant PIO.
Section 4(1)(b)(xvi) also requires publication of the names, designations and other particulars of PIOs. Appeals are governed by Section 19, and potential penalties for qualifying failures by PIOs are addressed under Section 20.
Practical steps for an RTI applicant
Identify the public authority holding or controlling the records and address the request to its designated CPIO or SPIO. Where applicable, submit it through the designated Assistant PIO. Describe the existing information or records clearly, retain proof of submission and payment where required, and track the applicable statutory deadline. An Assistant PIO receives and forwards requests; the substantive decision is ordinarily made by the responsible PIO.
Official RTI resources
For the legislation, consult the India Code official legislative database. For Central Government online applications and appeals, consult the RTI Online portal. For Central Information Commission matters, consult the Central Information Commission. State public authorities may have separate RTI portals and procedures.
This article explains the statutory framework; the relevant current rules, notifications and official procedures should also be checked for a particular authority.