Right to Information Act, 2005 | Section 7
Section 7 of RTI Act 2005: Disposal of Request
Section 7 of the Right to Information Act, 2005 governs how a Public Information Officer must respond to an RTI application, the time limits for a decision, fees, assistance to applicants, and the particulars required when information is refused.
RTI response time limits at a glance
| Situation | Relevant provision and period |
|---|---|
| Ordinary RTI request | Section 7(1): 30 days |
| Life or liberty | Section 7(1) proviso: 48 hours |
| Filed through an Assistant PIO | Section 5(2) proviso: add 5 days to the Section 7(1) response period |
| Transfer to another public authority | Section 6(3): transfer as soon as practicable, no later than 5 days |
| Third-party consultation | Section 11(3): decision within 40 days where that procedure applies |
Meaning and scope of Section 7
The expression disposal of request refers to the statutory decision on an application for information, whether by supplying information or refusing it on legally permissible grounds. A CPIO is the Central Public Information Officer and an SPIO is the State Public Information Officer designated under Section 5. A request is made under Section 6.
7(1): Decision within 30 days
The Central Public Information Officer (CPIO) or State Public Information Officer (SPIO) must act as expeditiously as possible and, ordinarily, within 30 days of receiving an application under Section 6. The officer must either provide the information, subject to prescribed fees, or reject the request for a ground specified in Section 8 or Section 9. The calculation is subject to the provisos concerning an Assistant Public Information Officer under Section 5(2) and transfer under Section 6(3). Where the information concerns the life or liberty of a person, it must be provided within 48 hours of receipt.
7(2): Deemed refusal
If the CPIO or SPIO does not decide the request within the applicable statutory period, the request is treated as deemed refused. The applicant may pursue the appeal mechanism under Section 19.
7(3): Additional fees and review rights
If an additional fee is payable for providing the information, the officer must inform the applicant of the amount, the calculation based on the prescribed rates, and how to challenge the fee or form of access, including appellate authority details and the applicable procedure. The period between dispatch of the fee intimation and payment is excluded from the 30-day calculation.
7(4): Assistance for persons with sensory disabilities
Where a person with a sensory disability requires access to a record or part of it, the information officer must provide appropriate assistance, including help with inspection.
7(5): Reasonable fees and BPL exemption
Prescribed fees may apply to printed or electronic information, subject to Section 7(6). The application and information-access fees must be reasonable. Persons below the poverty line, as determined by the appropriate government, are exempt from the fees specified in Sections 6(1), 7(1) and 7(5). The applicable rules and evidence requirements should be checked.
7(6): Free information after delay
If a public authority fails to comply with the time limit under Section 7(1), the information must be provided free of charge, notwithstanding the fee provision in Section 7(5).
7(7): Third-party representation
Before deciding the request, the officer must consider any representation made by a third party under Section 11. Third-party consultation may affect the applicable response period under that section.
7(8): Reasons and appeal information on rejection
A rejection must communicate (i) the reasons for refusal, (ii) the period for filing an appeal and (iii) the particulars of the appellate authority.
7(9): Form of information
Information should ordinarily be provided in the form requested, unless doing so would disproportionately divert the public authority's resources or harm the safety or preservation of the record. Section 7(9) addresses the form of access; it is not, by itself, a separate exemption from disclosure.
What can an applicant do if the response is late or unsatisfactory?
Under Section 19(1), an applicant may generally file a first appeal within 30 days after expiry of the applicable response period or receipt of an adverse decision, subject to condonation of delay for sufficient cause. A second appeal under Section 19(3) ordinarily lies within 90 days to the relevant Information Commission, also subject to the statutory power to condone delay. Complaints under Section 18 are distinct from the appellate remedy.
A rejection should identify its legal basis and the appropriate appellate authority. If the response is late, the applicant may also invoke Section 7(6) for free supply of information.
Official RTI resources
- India Code - Central legislation and the Right to Information Act, 2005
- RTI Online - Central Government RTI applications and first appeals
- Central Information Commission
- Department of Personnel and Training - RTI guidance and rules
State public authorities may have separate RTI portals and fee rules. Consult the relevant authority's applicable rules before submitting an application.