PPB Unit AChapter Notes3–4 Marks Expected

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.

By Bankopedia.co.inUpdated 2026JAIIB PPB · Module A

📌 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

2005RTI Act enacted; Freedom of Information Act 2002 was repealed

30 daysNormal disposal of request by PIO

48 hoursDisposal when information concerns life or liberty of a person

5 daysPeriod to transfer request to another public authority (excluded from 30-day count)

₹10Application fee (cash/DD/banker's cheque/IPO)

₹2Per page of A4/A3 size information provided

₹5Per 15 minutes (or fraction) of record inspection after first free hour

FreeInformation provided free of charge if delayed beyond specified period

30 daysFirst appeal to officer senior to PIO

30 daysThird-party appeal period from date of order

90 daysSecond appeal to Central/State Information Commission

Max 10Information Commissioners at Central level + max 10 at State level

3 years or 65 yrsTerm of Chief/Information Commissioners (whichever earlier)

Not eligibleNo reappointment for Chief/Information Commissioners

₹250/dayDaily penalty for delay in providing information

₹25,000Maximum total penalty for delay

DelhiHQ of Central Information Commission

Section 1

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 On coming into force, it repealed the Freedom of Information Act, 2002.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?

Supreme Court:Chief Justice of India

Lok Sabha / State Legislative Assembly:Speaker

Rajya Sabha / State Legislative Council:Chairman

High Court:Chief Justice of the High Court

Union Territory (Art. 239):Administrator appointed under Article 239

Other constitutional authorities:President or Governor (as the case may be)

Section 2

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)

→Organisation, functions and duties

→Powers and duties of officers and employees

→Procedure of decision making, channels of supervision and accountability

→Norms for discharge of functions

→Rules, regulations, instructions, manuals and records

→Categories of documents held or under its control

→Boards, councils, committees constituted as its part

→Particulars for consultation with / representation by public

→Directory of officers and employees

→Monthly remuneration received by each officer/employee

→Budget allocated to each agency

→Particulars of recipients of concessions, permits or authorisations

→Manner of execution of subsidy programmes

→Details of information held in electronic form

→Facilities available to citizens for obtaining information

→Names, designations and particulars of Public Information Officers

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

Section 3

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

1.Disclosure would prejudicially affect sovereignty, integrity, security, strategic/scientific/economic interests of India or relations with a foreign State

2.Expressly forbidden by law or would constitute contempt of court

3.Disclosure would cause a breach of privilege of Parliament or State Legislature

4.Commercial confidence, trade secrets or intellectual property (disclosure would harm competitive position of third party) — unless larger public interest warrants disclosure

5.Available to a person in fiduciary relationship — unless larger public interest warrants disclosure

6.Received in confidence from foreign government

7.Disclosure would endanger life or physical safety of any person

8.Would impede the process of investigation or apprehension or prosecution of offenders

9.Cabinet papers — including records of deliberations of Council of Ministers, Secretaries and other officers

⚠️ 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.

Section 4

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

→Has not been given response to a request for information within the specified time

→Has been refused access to information

→Has been required to pay unreasonable fee

→Believes he has been given incomplete, misleading or false information

→In respect of any other matter under this Act

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.

Section 5

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.

Section 6

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.

The Right to Information Act, 2005

Introduction, Applicability & Key Definitions

Obligations of Public Authorities, PIOs & Filing Procedure

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