Section 4 .
Duties of Public Authorities
1. Record Maintenance and Publication:
- Keep all records properly organized and accessible.
- Ensure all records are available electronically within a reasonable time.
- Publish within 120 days of this Act:
1. Details of the organization's functions and duties.
2. Powers and duties of officers and employees.
3. Decision-making processes and accountability mechanisms.
4. Norms for performing functions.
5. Rules, regulations, and manuals used by employees.
6. Categories of documents under control.
7. Consultation arrangements with the public for policy formulation.
8. Details of boards, committees, and other bodies, and their meeting accessibility.
9. Directory of officers and employees.
10. Monthly salaries of officers and employees.
11. Budget details and expenditure reports.
12. Execution details of subsidy programs and their beneficiaries.
13. Recipients of concessions, permits, or authorizations.
14. Information available in electronic form.
15. Facilities available for public information access.
16. Public Information Officers' details.
17. Any other prescribed information. - Update these publications yearly.
2. Public Communication:
- Provide as much information as possible regularly through various communication means,
including the internet, to minimize the need for formal requests.
3. Information Dissemination: - Make all information easily accessible to the public in
an appropriate format.
4. Dissemination Considerations:
- Consider cost-effectiveness, local language, and the best communication method.
- Ensure information is available electronically and free or at minimal cost.
5. Explanation of Dissemination:
- "Disseminated" means making information known or accessible through notice boards,
newspapers, public announcements, media broadcasts, the internet, or any other method.
CASELAWS
1. Kishan Chand Jain vs. Union of India & Ors. (2023)
In this landmark case, the Supreme Court emphasized the importance of proactive disclosure
as mandated under Section 4 of the RTI Act. The court directed Central and State Information
Commissions to actively monitor the implementation of Section 4 to ensure public authorities
maintain transparency. The court underscored the obligation of public authorities to regularly
update and disclose information, highlighting the critical role of transparency audits and the
need for continuous monitoring.
Empowering Transparency: Apex Court Directs Robust Implementation Of Rti Section
4 For Public Accountability:
([Link]
implementation-of-rti-section-4-for-public-accountability-the-supreme-court-of-india-in-kishan-
[Link])
([Link]
proper-implementation-of-section-4-of-the-act/).
2. M.P. Chothy v. Registrar General, High Court of Kerala (2023):
This case dealt with the validity of Rule 12 of the Right to Information (Subordinate Courts
and Tribunals) Rules, 2006, which restricts access to diaries of civil and criminal
proceedings. The Kerala High Court upheld the rule, confirming that it does not conflict with
the RTI Act or the Constitution, thus supporting the controlled dissemination of sensitive
information in judicial contexts.
([Link]
high-courts-on-right-to-information-act/).
3. Union of India v. Arvind M Kapoor (2023):
The Delhi High Court ruled that the authorities under the RTI Act, such as the Central Public
Information Officer (CPIO) and the Central Information Commission (CIC), do not possess
the requisite expertise to assess the impact of disclosing confidential information in anti-
dumping proceedings. This ruling supports the exemption of certain sensitive information
from disclosure to protect economic and national interests.
([Link]
high-courts-on-right-to-information-act/).
4. Delhi Development Authority v. Central Information Commission (CIC)
- Citation- 2010 SCC OnLine CIC 147
: The Delhi Development Authority (DDA) was directed by the CIC to proactively disclose details
about various schemes and projects under Section 4 of the RTI Act, emphasizing the obligation of
public authorities to make information available suo moto.
5. Union of India v. Vishwas Bhamburkar
- Citation: 2013 SCC OnLine Del 3219
: The Delhi High Court reinforced the requirement for public authorities to update their records and
ensure timely disclosure of information as per Section 4 of the RTI Act. The case highlighted the non-
compliance of public authorities with proactive disclosure norms.
6. Registrar of Companies & Others v. Dharmendra Kumar Garg & Anr.
Citation: 2012 (126) DRJ 121
: The Delhi High Court ruled that public authorities are obliged to fulfill the requirements of
Section 4 to proactively disclose information, thereby reducing the burden on citizens to file RTI
applications for basic information.
7. Subhash Chandra Agarwal v. Indian National Congress & Others
- Citation: 2013 SCC OnLine CIC 814
: This landmark decision by the CIC involved the political parties and their obligation under Section
4 of the RTI Act. The CIC ruled that major political parties are public authorities under the RTI Act
and directed them to comply with the proactive disclosure requirements.
8. Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi
- Citation: 2012 13 SCC 61
: The Supreme Court of India emphasized the need for public authorities to adhere to Section 4's
mandate, especially regarding disclosure of information pertaining to examinations and recruitment
processes conducted by public authorities.
