Section 7 RTI Act: Disposal of request
Right to Information Act, 2005
Section 7 RTI Act at a Glance
Section 7 RTI Act requires a Public Information Officer to decide an information request within 30 days, or provide information concerning life or liberty within 48 hours. Where a public authority misses these time limits, it must provide the information free of charge.
Section 7 RTI Act Bare Act Text
7. Disposal of request.
(1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
(2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.
(3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving—
(a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;
(b) information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.
(4) Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.
(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.
(6) Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.
(8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(iii) the particulars of the appellate authority.
(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
Section 7 RTI Act in Simple Words
Section 7 RTI Act governs how and within what time a Public Information Officer must dispose of an information request made under Section 6 RTI Act. Under Section 7(1) RTI Act, the Central or State Public Information Officer must act as expeditiously as possible and within 30 days of receiving the request, either providing the information on payment of the prescribed fee or rejecting the request only for reasons listed in Section 8 RTI Act (exempt information) or Section 9 RTI Act (infringement of copyright subsisting in a person other than the State). This period of 30 days is subject to the proviso to Section 5(2) RTI Act (which adds 5 days when the request was given to an Assistant Public Information Officer) and the proviso to Section 6(3) RTI Act (which allows up to 5 days for transferring a request to another public authority). Under the proviso to Section 7(1) RTI Act, if the requested information concerns the life or liberty of a person, the officer must provide it within 48 hours of receipt. Under Section 7(2) RTI Act, if the officer fails to give a decision within the period set by Section 7(1) RTI Act, the officer is deemed to have refused the request (meaning the law treats the silence as a refusal, so the applicant can appeal under Section 19 RTI Act).
Section 7(3) RTI Act applies when the Central or State Public Information Officer decides to provide the information upon payment of a further fee representing the cost of providing it. Under Section 7(3)(a) RTI Act, the officer must send an intimation to the applicant giving the details of the further fee determined by the officer, together with the calculations made according to the fee prescribed under Section 7(1) RTI Act, and asking the applicant to deposit that amount. The intervening period between the dispatch of this intimation and the payment of fees is excluded when calculating the period of 30 days under Section 7(1) RTI Act. Under Section 7(3)(b) RTI Act, the intimation must also tell the applicant about the right to seek a review of the decision on the fee amount or the form of access provided, including the details of the appellate authority, time limit, process, and any other forms.
Under Section 7(4) RTI Act, where an applicant entitled to access a record (or part of a record) has a sensory disability, the Central or State Public Information Officer must provide assistance to enable access, including appropriate assistance during inspection. Under Section 7(5) RTI Act, an applicant receiving information in printed or electronic format must pay the prescribed fee, subject to Section 7(6) RTI Act. The proviso to Section 7(5) RTI Act requires fees prescribed under Section 6(1) RTI Act, Section 7(1) RTI Act, and Section 7(5) RTI Act to be reasonable, and bars charging any such fee from persons below the poverty line as determined by the appropriate Government. Under Section 7(6) RTI Act, where a public authority fails to comply with the time limits in Section 7(1) RTI Act, the applicant must be provided the information free of charge despite Section 7(5) RTI Act.
Under Section 7(7) RTI Act, before taking any decision under Section 7(1) RTI Act, the Central or State Public Information Officer must consider any representation made by a third party under Section 11 RTI Act (which applies where the officer intends to disclose information relating to or supplied by a third party and treated as confidential by that third party). Under Section 7(8) RTI Act, whenever a request is rejected under Section 7(1) RTI Act, the officer must communicate three things to the applicant: the reasons for the rejection (Section 7(8)(i) RTI Act), the period within which an appeal may be filed against the rejection (Section 7(8)(ii) RTI Act), and the particulars of the appellate authority (Section 7(8)(iii) RTI Act). Under Section 19 RTI Act, a first appeal lies to a senior officer within 30 days, and a second appeal lies to the Central or State Information Commission within 90 days.
Under Section 7(9) RTI Act, a public authority must ordinarily provide information in the form in which the applicant sought it. An exception applies only where providing the information in that form would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record.
When Section 7 RTI Act Applies
- Decide the Section 6 RTI Act request as expeditiously as possible and within 30 days of receipt (plus 5 days under the proviso to Section 5(2) RTI Act if given to an Assistant Public Information Officer), or provide information concerning life or liberty within 48 hours (Section 7(1) RTI Act).
- Treat a failure to decide within the Section 7(1) RTI Act time limit as a deemed refusal, and supply the information free of charge where the public authority misses the time limit (Section 7(2) RTI Act and Section 7(6) RTI Act).
- Send a written fee intimation with cost calculations and review details when charging further fees, excluding the period between dispatch of the intimation and payment of fees from the 30 days (Section 7(3) RTI Act).
- Keep prescribed fees reasonable, charge no fee from persons below the poverty line as determined by the appropriate Government, and assist sensorily disabled applicants to access or inspect records (Section 7(4) RTI Act and Section 7(5) RTI Act).
- Consider any representation made by a third party under Section 11 RTI Act before deciding, and when rejecting a request under Section 8 RTI Act or Section 9 RTI Act, communicate the reasons, appeal period, and appellate authority details (Section 7(7) RTI Act and Section 7(8) RTI Act).
- Provide information ordinarily in the form sought, unless doing so would disproportionately divert resources or harm the safety or preservation of the record (Section 7(9) RTI Act).
Example of Section 7 RTI Act
When Section 7 RTI Act Does Not Apply
- Disclosure under Section 7(1) RTI Act does not apply where the Central or State Public Information Officer rejects the request for any of the reasons specified in Section 8 RTI Act (exempt information) or Section 9 RTI Act (infringement of copyright subsisting in a person other than the State).
- When calculating the period of 30 days under Section 7(1) RTI Act, the intervening period between the dispatch of a further fee intimation and the payment of fees is excluded under Section 7(3)(a) RTI Act (and 5 days are added under the proviso to Section 5(2) RTI Act where the application was given to an Assistant Public Information Officer).
- Prescribed fees under Section 6(1) RTI Act, Section 7(1) RTI Act, and Section 7(5) RTI Act do not apply to persons below the poverty line as determined by the appropriate Government (proviso to Section 7(5) RTI Act), and fees under Section 7(5) RTI Act do not apply where a public authority fails to comply with the time limits in Section 7(1) RTI Act (Section 7(6) RTI Act).
- The duty under Section 7(9) RTI Act to provide information in the form sought does not apply where doing so would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record.
FAQs on Section 7 RTI Act
What is Section 7 RTI Act?▼
Section 7 RTI Act sets the rules and time limits for how a Central or State Public Information Officer disposes of an information request made under Section 6 RTI Act. The officer must provide the information or reject the request within 30 days (or provide information concerning life or liberty within 48 hours), and the public authority must supply the information free of charge if it misses the time limit.
Within how many days must a Public Information Officer reply under Section 7 RTI Act?▼
30 days. Under Section 7(1) RTI Act, the Central or State Public Information Officer must provide the information or reject the request as expeditiously as possible and within 30 days of receiving the request. If the application was given to an Assistant Public Information Officer, the proviso to Section 5(2) RTI Act adds 5 days to this period.
Within what time must information concerning life or liberty be provided under Section 7 RTI Act?▼
48 hours. Under the proviso to Section 7(1) RTI Act, where the information sought concerns the life or liberty of a person, the Central or State Public Information Officer must provide the information within 48 hours of receiving the request.
What happens if the Public Information Officer gives no decision within 30 days under Section 7 RTI Act?▼
The request is deemed refused and the information becomes free. Under Section 7(2) RTI Act, the officer is deemed to have refused the request, allowing the applicant to file an appeal under Section 19 RTI Act. In addition, under Section 7(6) RTI Act, where a public authority fails to comply with the time limits in Section 7(1) RTI Act, the applicant must be provided the information free of charge.
Do applicants below the poverty line have to pay RTI fees under Section 7 RTI Act?▼
No. Under the proviso to Section 7(5) RTI Act, no fee prescribed under Section 6(1) RTI Act, Section 7(1) RTI Act, or Section 7(5) RTI Act may be charged from persons who are below the poverty line as determined by the appropriate Government.
Does the time taken by an applicant to pay further fees count toward the 30 days under Section 7 RTI Act?▼
No. Under Section 7(3)(a) RTI Act, the period between the dispatch of the officer's fee intimation and the applicant's payment of those further fees is excluded when calculating the period of 30 days under Section 7(1) RTI Act.
Must the Public Information Officer give reasons when rejecting a request under Section 7 RTI Act?▼
Yes. Under Section 7(8) RTI Act, when rejecting a request under Section 7(1) RTI Act, the officer must communicate to the applicant the reasons for the rejection, the period within which an appeal may be filed, and the particulars of the appellate authority.
Can a public authority provide information in a form different from the one requested under Section 7 RTI Act?▼
Yes, in two limited cases. Under Section 7(9) RTI Act, information must ordinarily be provided in the form sought unless doing so would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record.
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Sources: Bare Act Text, Right to Information Act, 2005 ·