Under the Right to Information Act, 2005 (Section 2(h)), a “Public Authority” means any authority, body, or institution of self-government established or constituted—
- by or under the Constitution,
- by any law made by Parliament,
- by any law made by a State Legislature,
- by notification or order of the appropriate Government.
- It also includes—
- any body owned, controlled, or substantially financed by the Government, and
- any non-government organisation (NGO) substantially financed (directly or indirectly) by Government funds.
- Examples:
- Ministry of Home Affairs — established by law
- Rajasthan High Court — established under the Constitution
- A Government School — substantially financed by the Government
- An NGO running Mid-Day Meal Scheme — substantially financed by Government
- A private college receiving UGC grants — substantially financed
Yes, such a private school can be compelled to provide information under the Right to Information Act, 2005.
- Under Section 2(h) of the RTI Act, a “Public Authority” includes any body or non-government organization substantially financed directly or indirectly by funds provided by the appropriate government. Since the private school receives substantial government grants, it falls within the ambit of a Public Authority.
- Therefore, information related to its fee structure can be sought under RTI because it concerns public interest, transparency, and accountability in the use of public funds. The school cannot deny such information merely on the ground that it is privately managed.
- Further, in the case of DAV College Trust v. Director of Public Instructions, the Supreme Court held that substantially financed institutions and NGOs are covered under RTI.
Hence, the school can legally be directed to disclose the fee structure under the RTI Act.
Under the Right to Information Act, 2005, the Public Information Officer (PIO) plays a central role in ensuring citizens’ access to information. The duties of the PIO are mainly provided under Sections 5, 6 and 7 of the Act.
Main Duties of PIO
- Receive RTI Applications
- The PIO receives applications seeking information from citizens.
- Provide Assistance to Applicants
- Under Section 5(3), the PIO must assist persons seeking information, especially illiterate or disabled applicants.
- Process and Dispose RTI Requests
- The PIO must examine the request and provide the required information or reject it according to law.
- Provide Information within Time Limit
- Under Section 7, information must generally be provided within 30 days.
- In matters related to life and liberty, information must be given within 48 hours.
- Transfer Application if Necessary
- Under Section 6(3), if the information belongs to another public authority, the PIO must transfer the application within 5 days.
- Maintain Transparency and Accountability
- The PIO ensures implementation of the RTI Act and promotes transparent governance.
- Give Reasons for Rejection
- If information is denied, the PIO must communicate:
- reasons for rejection,
- time limit for appeal, and
- details of appellate authority.
- Seek Assistance from Other Officers
- If information is denied, the PIO must communicate:
- Under Section 5(4), the PIO may seek help from other officers for proper disposal of the application.
