RTI Section 5: Designation of Public Information Officers

Designation of Public Information Officers

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Information Sec 2(f) Public Authority Sec 2(h) Right to Information Sec 2(j) CPIO / SPIO Sec 2(c)

Legal Commentary & Landmark Judgments: Section 5

Section 5 mandates the designation of Central and State Public Information Officers across all administrative units and establishes Assistant Public Information Officers at sub-divisional levels, while enacting the vital 'deemed PIO' doctrine that fastens personal statutory liability upon internal custodian officers.

Mandatory Administrative Network of CPIOs and SPIOs: Under Section 5(1), every public authority was required within 100 days of the enactment to designate as many officers as CPIOs or SPIOs across all its administrative units and offices as necessary to render information to applicants.
Sub-Divisional APIO Feeder Mechanism: Section 5(2) mandates the designation of Central Assistant Public Information Officers (CAPIOs) or State Assistant Public Information Officers (SAPIOs) at sub-divisional and sub-district levels to receive applications for information, first appeals under Section 19(1), or complaints under Section 18, and forward them within five days to the competent PIO or Commission.
Deemed PIO Doctrine and Vicarious Personal Liability: Under Section 5(4), a PIO may seek the assistance of any other officer for the proper discharge of statutory duties. Section 5(5) establishes that any officer whose assistance is sought shall be treated as a 'Public Information Officer' for the purposes of any contravention of the Act, rendering such officer personally vulnerable to punitive daily penalties and disciplinary recommendations under Section 20.

Key Landmark Precedents:

Manohar s/o Manikrao Anchule v. State of Maharashtra (2012) 13 SCC 14: The Supreme Court held that before imposing personal monetary penalty under Section 20 on an officer by invoking the 'deemed PIO' provisions of Section 5(4) and Section 5(5), the Information Commission must issue a specific show cause notice to that particular officer and observe principles of natural justice.
J.P. Aggarwal v. Union of India (2011 SCC OnLine Del 2004): The Delhi High Court held that a PIO is not a mere post office or passive conduit; the PIO has a statutory duty under Section 5(3) to render reasonable assistance and must actively pursue and extract records from internal custodian departments under Section 5(4).
Chief Information Commissioner v. State of Manipur (2011) 15 SCC 1: Clarified that an Assistant Public Information Officer designated under Section 5(2) is merely an agent to receive and transmit requests within five days; an APIO has no statutory power or authority to decide upon or deny an RTI application.

Courtroom Practice & Strategic Litigation Guidance:

When representing a PIO facing show cause notices under Section 20, document the precise timeline of written requisitions issued under Section 5(4) to internal file custodians or department heads. If the internal custodian failed to supply the requested records or delayed without justification, file a formal application before the Commission to implead the custodian as a 'deemed PIO' under Section 5(5), thereby insulating the designated PIO from personal financial penalties.