act:section-7
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| + | metatag-description=(Section 7 of the RTI Act — the 30-day response rule, 48-hour life-and-liberty proviso, BPL fee waiver, voluminous-change-of-form under 7(9). Full lawyer and practitioner reference with SC/CIC rulings.)}} | ||
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| + | ====== Section 7 — Disposal of Request ====== | ||
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| + | {{ : | ||
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| + | {{page> | ||
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| + | <WRAP center round info 95%> | ||
| + | **In one line:** Section 7 is the **clock** of the RTI Act. It binds the PIO to reply within **30 days** (48 hours for life and liberty, 40 days for third-party information under Section 11). It also governs fees, BPL waiver, speaking-order requirements, | ||
| + | </ | ||
| + | |||
| + | ===== Key sub-sections ===== | ||
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| + | * **7(1)** — reply within 30 days; 48 hours for information concerning life or liberty. | ||
| + | * **7(1) proviso** — if the information //concerns the life or liberty of a person//, reply within 48 hours. | ||
| + | * **7(3)** — fee intimation must be given before further fee is charged. | ||
| + | * **7(5)** — **BPL applicants pay no fee**. | ||
| + | * **7(6)** — if reply is delayed, information must be given **free** (fee waiver as penalty for delay). | ||
| + | * **7(7)** — representation by applicant on fee is to be considered. | ||
| + | * **7(8)** — any rejection must be a **speaking order** with sub-clause, reasons, and appellate details. | ||
| + | * **7(9)** — information must be provided //in the form in which it is sought// unless it would // | ||
| + | |||
| + | ===== Legislative history ===== | ||
| + | |||
| + | * **12 October 2005** — commenced. | ||
| + | * **No amendment** to Section 7 since. | ||
| + | * **2019 amendment** and **DPDP 2025** did not touch Section 7. | ||
| + | |||
| + | ===== Landmark rulings ===== | ||
| + | |||
| + | **Supreme Court:** | ||
| + | * **//CBSE and Anr. v. Aditya Bandopadhyay//, | ||
| + | * **//Chief Information Commissioner v. State of Manipur//, (2011) 15 SCC 1** — Section 7(8) requires application of mind and reasoned speaking order for each refusal. | ||
| + | |||
| + | **High Courts:** | ||
| + | * **// | ||
| + | |||
| + | **CIC:** | ||
| + | * **//Vasudev Pillai v. CPIO, CBEC//, CIC (2015)** — the **first hour of inspection remains free** even if the applicant stays for less than one hour; only subsequent full hours attract Rs 5. | ||
| + | * **//Ajay Kumar v. CBSE//, CIC (2012)** — Section 7(6) operates automatically; | ||
| + | * **//Shail Sahni v. CPIO//, CIC (2013)** — inspection under Section 2(j)(i) flows from Section 7; denial is appealable. | ||
| + | |||
| + | ===== The 48-hour proviso ===== | ||
| + | |||
| + | Life-and-liberty information — e.g. a patient seeking their own medical records from a government hospital, an undertrial seeking their own case record, a family tracing a missing person through police records — must be provided within **48 hours** under Section 7(1) proviso. | ||
| + | |||
| + | Draft the subject line as: //"RTI Application under Section 7(1) proviso — URGENT, information concerns life and liberty of [name]"// | ||
| + | |||
| + | ===== The 7(9) " | ||
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| + | PIOs routinely refuse by citing Section 7(9) — " | ||
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| + | Your counter-paragraph in the first appeal: | ||
| + | |||
| + | < | ||
| + | The PIO's reply purports to rely on Section 7(9) to refuse. | ||
| + | Per CBSE v. Aditya Bandopadhyay, | ||
| + | 7(9) does not authorise refusal; only a change of form. The | ||
| + | appellant agrees to inspection under Section 2(j)(i) and will | ||
| + | identify pages for certified copies at Rs 2 per A4. | ||
| + | </ | ||
| + | |||
| + | ===== Fee structure under Section 7 ===== | ||
| + | |||
| + | * **Rs 10** application fee (Rule 3 of RTI Fees Rules, 2005). | ||
| + | * **Nil** for BPL applicants under 7(5). | ||
| + | * **Rs 2 per A4** photocopy (Rule 4(a)). | ||
| + | * **First hour inspection free**, Rs 5 per subsequent hour (Rule 4(b)). | ||
| + | * **Rs 50** per diskette or CD (Rule 4(c)). | ||
| + | * **Fee waived** if PIO exceeds 30-day deadline (Section 7(6)). | ||
| + | |||
| + | See [[: | ||
| + | |||
| + | ===== Call to action ===== | ||
| + | |||
| + | If your RTI has crossed day 30, invoke Section 7(6) and demand the information **free of charge**. Template paragraph in your first appeal: | ||
| + | |||
| + | < | ||
| + | The PIO has failed to respond within 30 days as required by | ||
| + | Section 7(1). By operation of Section 7(6), the information | ||
| + | is to be provided free of any further charge. The appellant | ||
| + | is entitled to the same remedy AND to costs under Section | ||
| + | 19(8)(b) for the delay. | ||
| + | </ | ||
| + | |||
| + | See the [[: | ||
| + | |||
| + | ===== Related ===== | ||
| + | |||
| + | * [[act|Back to the full RTI Act, 2005]] | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[act: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | * [[: | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | - RTI Act, 2005, Section 7. | ||
| + | - RTI (Regulation of Fee and Cost) Rules, 2005. | ||
| + | - //CBSE and Anr. v. Aditya Bandopadhyay//, | ||
| + | - //CIC v. State of Manipur//, (2011) 15 SCC 1. | ||
| + | - //Vasudev Pillai v. CPIO CBEC//, CIC (2015). | ||
| + | - //Ajay Kumar v. CBSE//, CIC (2012). | ||
| + | |||
| + | //Last reviewed on: 21 April 2026// | ||
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| + | {{tag> | ||
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