The Right to Information Act, 2005
Principles & Practices of Banking | Unit A · Chapter 21
Public authority definition, PIO designation, disposal timelines (30 days / 48 hours), fee structure, exempt categories, appeal mechanism (30 / 90 days), CIC/SIC composition, and penalty framework.
📌 Why This Chapter Matters in JAIIB
Expect 3–4 questions from this chapter. High-yield areas: who is a citizen/public authority (True/False traps), the two disposal timelines (30 days vs 48 hours), fee amounts (₹10 application / ₹2 per page / ₹5 per 15 min), first vs second appeal timelines (30 days vs 90 days), and the CIC/SIC term (3 years or 65 — no re-appointment).
All Key Numbers — Chapter 21 at a Glance
Introduction, Applicability & Key Definitions
Overview
The RTI Act 2005 was enacted to set out a practical regime of accountability in the working of every public authority, containing corruption, and promoting transparency. On coming into force, it repealed the Freedom of Information Act, 2002.
The Act extends to the whole of India. All public sector banks and institutions owned/controlled by the Government are public authorities and must comply. RTI confers the right to information on citizens of India (Section 3) — not all persons.
Key Definitions
Public Authority
Any authority/body/institution of self-government established: (a) by/under the Constitution; (b) by any other law made by Parliament; (c) by any law made by State Legislature; (d) by notification/order by appropriate Government. Also includes: body owned/controlled/substantially financed by appropriate government; and NGO substantially financed directly/indirectly by appropriate government.
Appropriate Government
Central Government — if public authority established/controlled/substantially financed by Central Govt or Union Territory Administration. State Government — if by State Government. Determines which Information Commission has jurisdiction.
Information
Any material in any form — records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data in electronic form, and information about private bodies accessible by a public authority under any law.
Right to Information
Includes right to: (i) inspection of work, documents, records; (ii) take notes, extracts or certified copies; (iii) take certified samples of material; (iv) obtain information in diskettes/floppies/tapes/video cassettes/electronic mode/printouts where stored in computers or devices.
Third Party
A person other than the citizen making a request for information. Includes a public authority. Third-party information may still be disclosed in public interest (except trade/commercial secrets protected by law).
Record
Includes any document, manuscript and file; microfilm, microfiche and facsimile copy; reproduction of images from microfilm; and any material produced by a computer or other device.
Competent Authority — Who is It For Each Institution?
Obligations of Public Authorities, PIOs & Filing Procedure
Key Obligations of Public Authorities
Maintain Records
Maintain all records duly catalogued and indexed. Computerise appropriate records within reasonable time; connect through a national network to facilitate access.
Annual Disclosures (publish and update every year — 16+ categories)
Relevant Facts for Policies:
Publish all relevant facts while formulating important policies.
Reasons for Decisions:
Provide reasons for administrative or quasi-judicial decisions to affected persons.
Suo Motu Disclosure:
Provide as much information as possible suo motu at regular intervals through various means including internet.
Wide Dissemination:
Cost-effective, local language, electronic format preferred; free or at prescribed cost.
Public Information Officers (PIOs)
PIO (Central/State)
Every public authority designates PIOs in all administrative units/offices to provide information to persons requesting under the Act.
Assistant PIO (Central/State)
Designated at each sub-divisional or sub-district level to receive applications/appeals and forward to PIO or Information Commission.
Assistance of Other Officers
PIO may seek assistance of any other officer; such officer shall render all assistance and will be treated as PIO for any contravention.
⚠️ MCQ 3 Trap
Central Government does NOT appoint PIOs. Each public authority designates its own PIOs. Answer: False.
Procedure for Obtaining Information
- →Written or electronic request to PIO
- →In English / Hindi / official language of the area
- →No reason or personal details required
- →Application fee: ₹10 (cash/DD/banker's cheque/IPO)
- →BPL persons: free of charge for printed/electronic info
Disposal of Request — Timelines, Fees & Exempt Information
| Situation | Time Limit | Notes |
|---|---|---|
| Normal request for information | 30 days from receipt | PIO must provide or reject. Failure to decide = deemed refusal. |
| Information concerns life or liberty of a person | 48 hours from receipt | Urgent priority — failure to provide within 48 hours = deemed refusal. |
| Transfer to another public authority | Within 5 days | If info held by/more connected with another PA. Transfer within 5 days; applicant informed. These 5 days excluded from 30-day count. |
| Information delayed beyond specified period | Free of charge | No charge if PIO fails to provide within the prescribed time. |
Fee Structure
Application fee
₹10
Cash (with receipt), Demand Draft, Banker's Cheque, or Indian Postal Order
Printed information
₹2/page
Per A4 or A3 page created or copied
Samples / Models
Actual cost or price
Inspection of records
Free for first 1 hour
₹5 for every 15 minutes (or fraction) after first hour
BPL persons: free of charge for all printed/electronic information.
8 Categories of Exempt Information
⚠️ RTI Exemption for Banks (Exam Trap)
RTI provides exemption from disclosure of commercial confidence and trade secrets. Since "third party" includes a public authority, banks themselves can claim exemption if disclosure of information is likely to harm the competitive position of the bank. Also: disclosure of personal information that has no relation to any public activity or would cause unwarranted invasion of privacy is exempt.
Appeal Mechanism — First, Second & CIC Powers
| Appeal | To Whom | Deadline |
|---|---|---|
| First Appeal | Officer senior in rank to the PIO in the same public authority | Within 30 days |
| Third-Party Appeal | Same first appellate officer | Within 30 days of order |
| Second Appeal | Central / State Information Commission | Within 90 days |
Grounds for Complaint to Information Commission
Orders CIC/SIC Can Pass in Appeal
- →Require public authority to take steps for compliance with the Act (appoint a PIO, provide access in particular form, etc.)
- →Require public authority to compensate the complainant for any loss or other detriment suffered
- →Impose any of the penalties provided under the Act
- →Reject the appeal
Decision of CIC is binding on the parties.
Central & State Information Commissions
| Feature | Central Information Commission (CIC) | State Information Commission (SIC) |
|---|---|---|
| Head | Chief Information Commissioner | State Chief Information Commissioner |
| Other members | Central Information Commissioners — not exceeding 10 | State Information Commissioners — not exceeding 10 |
| Appointed by | President | Governor |
| Selection Committee Chairperson | Prime Minister | Chief Minister |
| Selection Committee (other members) | Leader of Opposition in Lok Sabha (if unrecognised → leader of single largest opposition group) + Union Cabinet Minister nominated by PM | Leader of Opposition in Legislative Assembly (if unrecognised → leader of single largest opposition group) + Cabinet Minister nominated by CM |
| Term | 3 years OR as prescribed OR age 65 — whichever is earlier. NOT eligible for reappointment. | |
| Promotion possibility | Information Commissioner eligible to become Chief Information Commissioner on vacating office | State Information Commissioner eligible to become State Chief Information Commissioner on vacating office |
| HQ | Delhi (may establish offices elsewhere) | As specified by State Government |
Qualification Criteria for Commissioners
Persons of eminence in public life with wide knowledge and experience in: law, science and technology, social service, management, journalism, mass media, or administration and governance.
Cannot be: MP, MLA, holder of any other office of profit, connected with any political party, carrying on any business, or pursuing any profession.
Penalties, Overriding Effect & Exam Strategy
Penalties (Section 20)
CIC/SIC may impose a penalty of ₹250 per day till information is provided. Maximum penalty: ₹25,000.
CIC/SIC may also recommend disciplinary action if PIO:
- →Without reasonable cause persistently failed to receive application
- →Has not furnished information within time specified
- →With mala fide intent denied request for information
- →Knowingly given incorrect, incomplete or misleading information
- →Destroyed information that was subject of request
- →Obstructed in furnishing information
Overriding Effect (Section 22)
RTI Act overrides the Official Secrets Act, 1923 and any other inconsistent law. No court shall entertain any suit/application against any order made under this Act.
Exceptions — Act does NOT apply to:
- →Intelligence and security organisations listed in the Second Schedule (Central Govt organisations)
- →Similar State Government specified intelligence/security organisations
⚠️ Key Exception to the Exception
Information relating to allegations of corruption and human rights violations is NOT excluded — even for intelligence/security organisations. For human rights violations, information is provided only after approval of CIC (Central) / SIC (State).
Check Your Progress — Answers Explained
Q1 — True
Section 3 of RTI Act 2005: "Subject to the provisions of this Act, all citizens shall have the right to information." Citizens (not all persons/residents) of India can seek information from a public authority.
Q2 — (b) An authority established by law
"Public authority" includes any authority established by/under the Constitution, by any law made by Parliament, by any law made by State Legislature, or by notification/order of appropriate government — all qualify as "established by law." It also includes bodies owned/controlled/substantially financed by the appropriate government, and NGOs substantially financed by government.
Q3 — False
The public authority itself (not the Central Government) designates/appoints PIOs in all its administrative units and offices. The Central Government appoints the Central Information Commissioners — not the PIOs in each public authority.
✅ Exam Strategy — Chapter 21 (RTI Act 2005)
- 1.RTI is for CITIZENS only — not all persons. Section 3 is explicit: 'all citizens shall have the right to information.'
- 2.Freedom of Information Act 2002 was repealed when RTI 2005 came into force.
- 3.Normal disposal: 30 days. Life/liberty matters: 48 hours. Both start from date of receipt by PIO.
- 4.Transfer to another public authority: within 5 days. Those 5 days are EXCLUDED from the 30-day count.
- 5.Application fee = ₹10. No reason required to be given. BPL persons = free of charge.
- 6.Printed info = ₹2/page. Inspection = free for first hour, ₹5 per 15 minutes after. Delayed info = free.
- 7.First appeal: within 30 days, to officer senior to PIO. Second appeal: within 90 days, to CIC/SIC.
- 8.CIC = appointed by President. SIC = appointed by Governor.
- 9.Selection Committee Chair: PM (for CIC), CM (for SIC).
- 10.Max 10 Information Commissioners at both Central and State levels.
- 11.Term = 3 years or age 65 (whichever earlier). NOT eligible for reappointment.
- 12.Information Commissioner CAN be promoted to Chief Information Commissioner (not reappointment — it's a new office).
- 13.Penalty: ₹250/day, maximum ₹25,000.
- 14.Overrides Official Secrets Act 1923. But does NOT apply to intelligence/security orgs (Second Schedule).
- 15.Exception to exception: corruption and human rights violations are ALWAYS coverable — even for intelligence orgs. Human rights info needs CIC/SIC approval.
- 16.Banks (public sector) = public authorities. Banks can claim exemption for commercial confidence/trade secrets that harm their competitive position.
- 17.PIOs are appointed by PUBLIC AUTHORITIES — not by Central Government.
- 18.Public authority annual disclosure: 16+ categories to be published and updated every year.
- 19.Suo motu disclosure = proactive; otherwise citizen must file RTI application.
- 20.RTI does NOT override — it is IN ADDITION to other remedies. But the Act itself has overriding effect over the Official Secrets Act 1923.
Discussion
No comments yet. Be the first to share your thoughts.