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—definitions:deemed-refusal [2026/06/03 17:01] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(deemed refusal RTI, RTI no response, section 7(2) RTI act, RTI 30 days no reply, PIO did not respond, deemed refusal meaning)
 +metatag-description=(A deemed refusal under the RTI Act occurs when a PIO does not reply within 30 days — legally treated the same as an express refusal, triggering First Appeal rights.)
 +metatag-title=(What is a deemed refusal under the RTI Act?)}}
  
 +====== What is a deemed refusal under the RTI Act? ======
 +
 +<WRAP center round tip 95%>
 +**Direct answer:** A "deemed refusal" occurs when a Public Information Officer (PIO) does not provide information within the statutory 30-day deadline under §7(1) of the RTI Act, 2005. Silence is treated in law as a refusal — giving the applicant an immediate right to file a First Appeal under §19(1).
 +</WRAP>
 +
 +===== In plain English =====
 +
 +When you file an RTI application, the law gives the PIO a maximum of 30 days to respond. If day 31 arrives and you have received nothing — no information, no refusal letter, no "more time needed" notice — the law automatically treats this as if the PIO had expressly refused your request. This is the "deemed refusal."
 +
 +**Example:** Priya files an RTI to the District Collectorate on 1 May 2026. The PIO is obligated to reply by 30 May. On 31 May, Priya has no response in her inbox and no Speed Post letter. Her application is now a deemed refusal — she can file a First Appeal without waiting any longer.
 +
 +The purpose is protective: it prevents PIOs from simply "not responding" as a tactic to avoid disclosure. A deemed refusal is just as actionable as an explicit refusal.
 +
 +===== Why it matters for citizens =====
 +
 +  * **Triggers First Appeal rights immediately.** You do not need an explicit rejection letter. Day 31 = your appeal window opens.
 +  * **Clock starts for the appeal.** §19(1) gives you 30 days from the PIO's order — or the date the order //should// have been made — to file a First Appeal. For a deemed refusal, the clock runs from the §7(1) deadline.
 +  * **PIO can face penalty.** An unjustified delay (which a deemed refusal represents) can attract a §20 penalty of ₹250/day on the PIO, capped at ₹25,000 per matter. The FAA or CIC/SIC can impose this.
 +
 +===== Related sections of the RTI Act =====
 +
 +  * **§7(1)** — sets the 30-day response deadline (48 hours for life and liberty matters).
 +  * **§7(2)** — the "deemed refusal" provision itself; obliges the PIO to provide reasoning if refusing.
 +  * **§19(1)** — First Appeal right triggered by any refusal, including deemed ones.
 +  * **§20** — penalty on PIO for malicious, vexatious or unjustified refusal or delay.
 +  * **§19(8)(b)** — power of CIC/SIC to award compensation to applicants.
 +
 +===== Related tools =====
 +
 +  * [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]] — auto-drafts your §19(1) appeal citing the deemed refusal.
 +  * [[https://righttoinformation.wiki/tools/timeline-calculator-app.html|Timeline Calculator]] — computes exact deadline dates from your filing date.
 +  * [[https://righttoinformation.wiki/tools/pio-reply-checker|PIO Reply Checker]] — grades whether a PIO response meets statutory requirements.
 +
 +===== Frequently asked questions =====
 +
 +==== How do I know my application resulted in a deemed refusal? ====
 +Count 30 days from the date the PIO received your application (use your Speed Post AD card or portal tracking). If the 30th day has passed and you have no response, you have a deemed refusal. For online applications, the portal receipt date is Day 0.
 +
 +==== Can a PIO claim they never received the application? ====
 +If you used Speed Post with AD, the AD card is proof of delivery. For online applications, the portal-generated registration number is proof. A PIO cannot use alleged non-receipt as a defence if delivery is evidenced.
 +
 +==== What should I write in my First Appeal for a deemed refusal? ====
 +Cite §7(1) (deadline) and §7(2) (deemed refusal): "The PIO failed to respond within the §7(1) statutory deadline of 30 days. The application is, by operation of §7(2), a deemed refusal. I appeal under §19(1) and request the FAA to direct disclosure and initiate §20 penalty proceedings." The [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]] auto-generates this.
 +
 +===== Sources =====
 +
 +  * Right to Information Act, 2005 — §§7(1), 7(2), 19(1), 20
 +  * CIC order: Shailesh Gandhi (19-March-2026) on §20 per-month cap
 +
 +//Last reviewed: May 2026. Part of the RTI Wiki definitions series.//
 +
 +{{tag>definitions deemed-refusal rti-act section-7 2026}}