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Disposal of Request under Right to Information Act, 2005

Disposal of Request under Right to Information Act, 2005

Section 7 of the Right to Information Act, 2005 deals with the procedure for disposal of request.

Time limit for disposal of request

Section 7(1) states that subject to the proviso to section 5(2) or the proviso to section 6(3), 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.

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.

Refusal of request

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 section 7(1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.

Disposal of request on payment of extra fees

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.

Access to Records

Section 7(5) states that 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.

Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of section 7(6), pay such fee as may be prescribed

The fee prescribed under section 6(1) and section 7(1) & 7(5) 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.

Other important aspects of disposal of request –

Section 7(6) provides that 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 section 7(1).

Section 7(7) states that before taking any decision under section 7(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.

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.

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.

Disposal of Request under Right to Information Act, 2005

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