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guide:applicant:time-limit-under-rti [2026/07/03 01:50] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(RTI time limits,RTI 30 days deadline,RTI 48 hours life liberty,RTI 40 days third party,RTI first appeal 30 days,RTI second appeal 90 days,FAA 45 days,RTI 2026 timeline)
 +metatag-title=(RTI Time Limits 30 48 40 45 90 Days Guide India 2026)&metatag-description=(Master table of every RTI Act time limit: 30-day PIO reply, 48-hour life-and-liberty, 40-day third party, 5-day APIO and Section 6 3 transfer, 30-day first appeal, 45-day FAA, 90-day second appeal. With remedies for delay.)}}
 +
 +====== RTI Time Limits: 30 Days, 48 Hours, 40 Days, 45 Days and 90 Days Explained ======
 +
 +{{ :social:auto:rti-hero-guide-applicant-time-limit-under-rti.png?direct&1200 |RTI time limits guide — righttoinformation.wiki}}
 +
 +
 +<WRAP center round tip 100%>
 +**Direct answer.** **PIO reply: 30 days** (Section 7(1)). **48 hours** if life or liberty is involved. Add **5 days** if the application went via APIO (Section 5(2)) or was transferred under Section 6(3). **40 days** in third-party cases under Section 11. **First appeal: 30 days** from the PIO reply or due date (Section 19(1)). **FAA decision: 30 days, max 45** (Section 19(6)). **Second appeal: 90 days** from the FAA order (Section 19(3)). For Section 24 intelligence agencies on corruption / human rights matters: 45 days. Past every limit, the information becomes free under Section 7(6).
 +</WRAP>
 +
 +<WRAP center round important 100%>
 +| {{ :icons:timeline.svg?96&nolink |RTI timeline calculator icon}} | **Calculate your exact RTI deadline.** Enter the filing / receipt date once and get the PIO reply date, first appeal date, FAA outer limit and second appeal deadline automatically. \\ \\ **[[https://righttoinformation.wiki/tools/timeline-calculator-app.html|Open the RTI Timeline Calculator]]** |
 +</WRAP>
 +
 +===== When to use this guide =====
 +
 +  * You filed an RTI and want to know on which day the deadline expires.
 +  * The PIO has replied late and you want to count the days of delay for the Section 20 penalty prayer.
 +  * You are filing a first or second appeal and want to confirm you are within time.
 +
 +For the master citizen guide, see [[guide:applicant|Guide for applicants]].
 +
 +===== The master table =====
 +
 +| **Stage** | **Time limit** | **Counted from** | **Section** |
 +| First RTI reply, ordinary | **30 days** | Date of receipt by the PIO | 7(1) |
 +| Life or liberty | **48 hours** | Date of receipt by the PIO | 7(1) proviso |
 +| APIO route (extra) | **+ 5 days** | Date of receipt by the APIO | 5(2) |
 +| Section 6(3) transfer | **+ 5 days** | Date of receipt by wrong PA; new clock starts at correct PA | 6(3) |
 +| Third-party hearing case | **40 days** | Date of receipt by the PIO | 11(3) |
 +| Section 24 corruption / human rights matter | **45 days** | Date of receipt by the PIO | 24 proviso |
 +| First appeal to FAA | **30 days** | Date of PIO reply, or date reply was due | 19(1) |
 +| FAA decision | **30 days (extendable to 45)** | Date of receipt of the appeal | 19(6) |
 +| Second appeal to IC | **90 days** | Date of FAA order, or date order was due | 19(3) |
 +| Section 18 complaint to IC | No fixed limit, but reasonable promptness expected | Date of cause of action | 18 |
 +| Information Commission decision | No fixed limit | Date of receipt of appeal/complaint | - |
 +
 +===== Worked example: counting the days =====
 +
 +Suppose you posted an RTI on **1 April 2026**, the Speed Post tracking shows it reached the PIO on **5 April 2026**. The 30-day deadline expires on **5 May 2026**.
 +
 +  * If the PIO replies on **5 May** - within time, no Section 7(6) trigger.
 +  * If the PIO replies on **15 May** - delay of 10 days. Section 7(6) triggers; information must be supplied free.
 +  * If the PIO is silent past **5 May** - deemed refusal under Section 7(2); first appeal can be filed from **6 May**.
 +  * The first appeal must reach the FAA by **5 June** (30 days from 6 May).
 +  * The FAA must decide by **5 July** (30 days from 6 June, the typical FAA receipt date) or, for recorded reasons, **20 July**.
 +  * If the FAA is silent past 20 July, the second appeal to the Commission can be filed by **18 October 2026** (90 days from 20 July).
 +
 +===== APIO route =====
 +
 +Section 5(2) allows public authorities to designate Assistant Public Information Officers in sub-offices, especially at sub-divisional level. An APIO is a **post-office**, not a decision-maker; they receive the application and forward it to the PIO.
 +
 +If the application was first received by the APIO, the time limit is **30 + 5 = 35 days**.
 +
 +===== Section 6(3) transfer =====
 +
 +If you file with the wrong public authority, the receiving PIO must transfer to the correct authority within **5 days**. The 30-day clock then runs from the date of receipt at the correct authority. Do not refile.
 +
 +The 5-day transfer time is part of the public authority's obligation, not a deduction from your appeal time.
 +
 +===== 48-hour life-or-liberty rule =====
 +
 +The proviso to Section 7(1) reads:
 +
 +  * "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."
 +
 +Examples where this applies:
 +
 +  * **Custodial death enquiry** status report.
 +  * **Hospital admission** record of a missing person.
 +  * **Location of an undertrial** in a particular jail.
 +  * **Status of an emergency medical reimbursement** for an in-hospital patient.
 +
 +To trigger this rule, state in the **subject line** and the **prayer** that the information concerns the life or liberty of a person, with reasons.
 +
 +===== Third-party hearing case =====
 +
 +Section 11(1) requires the PIO, before disclosing information that "relates to or has been supplied by a third party and has been treated as confidential by that third party", to **issue a notice to the third party** within **5 days** of receiving the application. The third party has **10 days** to make submissions.
 +
 +Section 11(3) allows the PIO **40 days** for the entire process - receipt, third-party notice, hearing, decision.
 +
 +Examples:
 +
 +  * **Tender bid documents** of competing firms.
 +  * **Personnel file** information of another employee.
 +  * **Third-party agreement / MoU** with the public authority.
 +
 +===== Delay remedies =====
 +
 +==== Past PIO 30 days ====
 +
 +  * **Section 7(2):** deemed refusal; file first appeal on day 31.
 +  * **Section 7(6):** information must be supplied free of cost.
 +  * **Section 20:** Rs 250 per day penalty (capped Rs 25,000) by Information Commission.
 +
 +==== Past FAA 45 days ====
 +
 +  * Move directly to second appeal under Section 19(3).
 +  * Cite the FAA's silence as a separate ground.
 +
 +==== Past second-appeal limit (90 days) ====
 +
 +  * Apply for **condonation** under the proviso to Section 19(3) - show "sufficient cause".
 +  * Or file a **complaint** under Section 18 (no fixed time limit).
 +
 +===== Frequently asked questions ====
 +
 +==== From which day is the 30-day clock counted? ====
 +
 +From the **date of receipt by the PIO**, not the date of posting by the applicant. Speed Post tracking ID and the rtionline.gov.in registration page are the evidence. If the application was received by the dak section before reaching the PIO's desk, the clock runs from the dak section's receipt.
 +
 +==== Is the 30-day period inclusive of holidays? ====
 +
 +Yes. The Act counts **calendar days**, not working days. Saturday, Sunday, and public holidays are all included.
 +
 +==== If day 30 falls on a Sunday, does the PIO get one more day? ====
 +
 +There is no statutory extension. Most PIOs deliver the reply the next working day; Commissions have generally not penalised this on its own. Best practice is to assume the deadline is the calendar 30th day.
 +
 +==== Can the PIO seek an extension of the 30-day period? ====
 +
 +No, except by transferring the application to a third party for hearing under Section 11 (which extends the limit to 40 days). The PIO **cannot** unilaterally extend.
 +
 +==== What if the PIO writes asking for clarification? ====
 +
 +The clock keeps running. If the PIO genuinely needs clarification, they must reply with what they can supply and ask for clarification on the rest, all within 30 days.
 +
 +==== If the FAA passes the order on day 50, is the order valid? ====
 +
 +The order is open to challenge as having been passed without jurisdiction (Section 19(6) caps the FAA at 45 days). In practice, Commissions accept the late order if it is favourable to the appellant; if it is unfavourable, the appellant can challenge both the late timing and the merits.
 +
 +==== From which day is the 90-day second-appeal clock counted? ====
 +
 +From the **date of the FAA's order** (not the date of receipt by the appellant). If the FAA is silent, from the date the order was due (FAA receipt + 30 days, or + 45 if extended).
 +
 +==== Can the 90-day limit be condoned? ====
 +
 +Yes, by the Information Commission, on a written application showing "sufficient cause" under the proviso to Section 19(3).
 +
 +==== What is the time limit for a Section 18 complaint? ====
 +
 +The Act sets no fixed limit. The Commission expects "reasonable promptness" - typically within 1 year of the cause of action.
 +
 +==== Where can I auto-calculate my RTI deadline? ====
 +
 +Use the **[[https://righttoinformation.wiki/tools/timeline-calculator-app.html|RTI Timeline Calculator]]**. Enter the filing / receipt date and it will calculate the PIO reply date, first appeal date, FAA outer limit and second appeal deadline from the same rules explained in this guide.
 +
 +===== Related =====
 +
 +  * [[guide|Guide hub]]
 +  * [[guide:applicant|Guide for applicants]]
 +  * [[guide:applicant:application|How to file an RTI under Section 6]]
 +  * [[guide:applicant:application:information-free-of-cost|When the reply is free]]
 +  * [[guide:applicant:application:penalty-compensation-under-rti|Penalty + compensation]]
 +  * [[guide:applicant:first-appeal|First appeal under Section 19(1)]]
 +  * [[guide:applicant:second-appeal:start|Second appeal under Section 19(3)]]
 +  * [[guide:applicant:second-appeal:complaint|Complaint under Section 18]]
 +  * [[guide:applicant:fundamental-facts-about-rti|Fundamental RTI facts]]
 +
 +===== Sources verified =====
 +
 +  - [[https://www.indiacode.nic.in/handle/123456789/1362|Right to Information Act, 2005]] - Sections 5, 6, 7, 11, 18, 19, 20, 24.
 +  - [[https://dopt.gov.in/sites/default/files/RTI-Master-Circular.pdf|DoPT Master Circular on RTI]].
 +  - [[https://cic.gov.in|cic.gov.in]] - Central Information Commission.
 +  - [[https://rtionline.gov.in|rtionline.gov.in]] - Central RTI portal.
 +
 +//Last reviewed: 9 May 2026.//
 +
 +
 +===== Stuck scheme or document? Check the status first =====
 +
 +Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:
 +
 +  * [[:check-status/pmay-status|PMAY beneficiary status]]
 +  * [[:mgnrega-job-card-status-2026|NREGA / MGNREGA job card and payment status]]
 +  * [[:check-status/ration-card-status|Ration card status]]
 +  * [[:pm-kisan-status-check-2026|PM-KISAN Rs 6,000 status]]
 +  * [[:eshram-card-status-check-2026|e-Shram card status]]
 +
 +If a status is stuck beyond the official timeline, use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] to file in minutes.
 +
 +{{tag>rti guide applicant time-limits section-7 section-19 deadlines citizen 2026}}