Section 5 of Right to Information Act:

Section 5(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.

Section 5(2)

Every public authority shall designate an officer at each sub-divisional or other sub-district level as a Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, to receive applications for information or appeals and forward them to the appropriate authority. Where an application or appeal is given to an Assistant Public Information Officer, five additional days shall be added to the response period specified under Section 7(1).

Section 5(3)

Every Central Public Information Officer or State Public Information Officer shall deal with requests from persons seeking information and render reasonable assistance to them.

Section 5(4)

A Central Public Information Officer or State Public Information Officer may seek the assistance of any other officer considered necessary for the proper discharge of their duties.

Section 5(5)

Any officer whose assistance has been sought under sub-section (4) shall render all assistance to the concerned Public Information Officer. For the purposes of any contravention of the provisions of the Act, such assisting officer shall be treated as a Central Public Information Officer or State Public Information Officer.

Explained:

Section 5 of the Right to Information Act, 2005 plays an important role in ensuring transparency and accountability in government administration. It deals with the appointment of Public Information Officers (PIOs), who are responsible for handling requests made by citizens seeking information from public authorities.

Appointment of Public Information Officers

Under Section 5(1), every public authority is required to designate Central Public Information Officers (CPIOs) or State Public Information Officers (SPIOs), as applicable, in its administrative units and offices. These officers are responsible for providing information to citizens under the RTI Act.

Section 5(2) provides for the appointment of Central Assistant Public Information Officers (CAPIOs) or State Assistant Public Information Officers (SAPIOs) at the sub-divisional or sub-district level. They receive RTI applications and appeals and forward them to the appropriate authority. An additional five days are allowed for responding when an application or appeal is submitted through an Assistant Public Information Officer.

Duties and Responsibilities

Section 5(3) requires Public Information Officers to deal with information requests and provide reasonable assistance to applicants. This is particularly important for citizens who may not be familiar with the procedure for filing an RTI application.

Under Section 5(4), a PIO may seek assistance from another officer whenever necessary. Section 5(5) makes that assisting officer responsible under the Act for any contravention relating to the assistance provided.

Important Judgments on Section 5

In Manohar v. State of Maharashtra (2012), the Supreme Court examined the responsibilities of information authorities and emphasised the importance of following principles of natural justice in proceedings under the RTI Act.

In Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal (2019), the Supreme Court considered transparency, accountability and privacy under the RTI framework. The judgment highlighted the need to balance access to information with legally protected interests.

Conclusion

Section 5 establishes the administrative framework through which citizens exercise their right to information. By requiring the appointment of designated officers, ensuring reasonable assistance and enabling coordination between government officials, it supports the objectives of transparent and accountable governance under the RTI Act, 2005.