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+{{htmlmetatags>metatag-keywords=(section 7 2 rti,deemed refusal rti,pio late reply,rti 30 day deadline missed,section 20 rti penalty,rti deemed denial)&metatag-description=(Section 7(2) of the RTI Act treats silence beyond 30 days as "deemed refusal". This guide explains the trigger, the consequences, the penalty exposure, and how a PIO can remedy a breached deadline.)}}
+====== Deemed Refusal Under Section 7(2) — A PIO's Recovery Guide ======
+{{ :social:auto:pio-deemed-refusal-section-7-2.png?direct&1200 |Deemed refusal — RTI Wiki}}
+{{page>snippets:dpdp-banner}}
+<WRAP info>
+**Core rule.** When the PIO fails to respond within the statutory 30-day window (48 hours for life / liberty; 35 days post Section 6(3) transfer; 40 days post Section 11 notice), the failure is **treated as refusal** under Section 7(2). The applicant accrues the right to file First Appeal immediately, and the PIO faces potential penalty under Section 20 — Rs. 250 per day of delay, up to Rs. 25,000.
+</WRAP>
+===== Legal framework =====
+**Section 7(1).** PIO to respond within 30 days of receipt.
+**Section 7(2).** Failure to communicate a decision within the period in sub-section (1) shall be deemed refusal.
+**Section 7(3).** Where the PIO requires additional fee, the 30-day period starts from the date of communication of the fee and the applicant's payment.
+**Section 7(5).** If further fee is charged, the applicant can appeal it.
+**Section 19(1).** First Appeal lies against the PIO's decision, including deemed refusal.
+**Section 20(1).** Penalty on the PIO who fails to receive or respond: Rs. 250/day, capped at Rs. 25,000; plus recommended disciplinary action.
+===== Key principles =====
+  * **Silence is refusal.** No further act required from the PIO; the applicant's appeal right accrues on Day 31.
+  * **Burden on the PIO.** Under Section 19(5), the PIO must prove the denial was justified — hard to do when there was no reasoning.
+  * **Late reply ≠ cure.** A reply issued on Day 35 does not cure the deemed refusal; the Commission can still impose penalty.
+  * **Timelines extend in specific cases.**
+    * 48 hours — life/liberty (Section 7(1) proviso).
+    * 35 days — Section 6(3) transfer (30 days from transferee's receipt).
+    * 40 days — Section 11 third-party procedure.
+  * **Fee suspends the clock.** If PIO intimates fee on Day 10, the clock restarts on payment date (Section 7(3)).
+===== What to do if the PIO missed the deadline =====
+  - **Step 1 — Calculate the delay.** From Day 31 (or the relevant adjusted date) till the date of actual reply (or the date of Commission hearing if no reply).
+  - **Step 2 — Assess reason on the file.** Genuine reasons (file transit, public-authority closure, natural disaster) mitigate; routine backlog does not.
+  - **Step 3 — Issue the reply immediately.** Even a late reply is better than none; it caps further Section 20 exposure.
+  - **Step 4 — Attach an apology + explanation** in the reply. Not legally required, but routinely softens Commission response.
+  - **Step 5 — Respond to the First Appeal honestly.** The FAA will examine the file; candour works.
+  - **Step 6 — If summoned by the Commission, attend in person** with the file and the reasons. Section 20 proceedings are mitigable when reasons are recorded.
+===== Template — Late-reply acknowledgement ====
+<code>
+Ref: RTI/[Authority]/[Year]/[Sr. No.]
+Date: DD-MM-YYYY
+To,
+[Applicant]
+Subject: Reply to your RTI application dated DD-MM-YYYY.
+Sir/Madam,
+This Office acknowledges the delay in responding to your RTI application. The statutory deadline under Section 7(1) was DD-MM-YYYY. This reply is being issued on DD-MM-YYYY, a delay of __ days. The reasons recorded on the file are: [briefly state genuine reasons].
+Notwithstanding the delay, the substantive reply to your application is as under:
+[Full speaking reply, question-wise, as per our PIO reply guide format]
+This Office regrets the delay. The applicant's rights under Section 19 remain preserved. Any further fee has been waived as per Section 7(6).
+Yours faithfully,
+[PIO block]
+</code>
+===== Consequences for the PIO =====
+  * **Section 20(1).** Penalty of Rs. 250 per day of delay, maximum Rs. 25,000 — payable personally, not from government funds.
+  * **Section 20(2).** Recommendation for disciplinary action under the officer's service rules.
+  * **Reputational.** Pattern of deemed refusals in the authority's annual report.
+  * **Auto-fee-waiver.** Under Section 7(6), no further fee is payable by the applicant when the deadline is missed.
+===== Common mistakes =====
+  * **Ignoring the deadline.** Hoping the applicant won't notice — they usually do.
+  * **Back-dating the reply.** Risky; Commission can verify with dispatch records.
+  * **Blaming "volume".** Rarely mitigates without Section 7(9) procedure.
+  * **Treating Section 6(3) transfer as a deadline reset for yourself.** Only the transferee's 30-day clock resets; the originator's liability for late transfer remains.
+===== Pro tips =====
+  * **Maintain a deadline tracker.** Simple spreadsheet with file number, receipt date, Day 28 alert, Day 30 alert.
+  * **Delegate acknowledgements.** A Day-1 acknowledgement letter keeps the applicant engaged and reduces escalation.
+  * **Flag tough cases to senior.** If a case genuinely needs 30+ days, flag to the FAA and issue an honest interim reply under Section 7(9).
+  * **Keep fee-intimation evidence.** Critical if the clock needs to restart under Section 7(3).
+===== Case law =====
+  * **//K.V. Ramani v. CIC//** (CIC, multiple) — Section 7(2) deemed refusal operates automatically; PIO cannot self-extend.
+  * **//Sarbajit Roy v. DERC//** (CIC 2006) — reinforced that a reply beyond deadline does not cure the breach.
+  * **//CBSE v. Aditya Bandopadhyay//, (2011) 8 SCC 497** — PIOs bound by statutory timelines.
+===== FAQs =====
+**Q1. If the applicant doesn't appeal, am I safe?**\\ Not fully. The Commission has acted on its own motion in some cases; and audits may flag patterns of delay.
+**Q2. Can the PIO waive the 30-day rule by mutual agreement with the applicant?**\\ No. It is a statutory deadline, not contractual.
+**Q3. What if the delay is due to a superior officer's delay?**\\ The PIO can record this on the file; the Commission may redirect penalty accordingly. But the PIO remains the primary answerable officer.
+**Q4. Does a partial reply meet the deadline?**\\ Only if each question is addressed or specifically identified as pending with reasons. A genuine interim + final structure is acceptable.
+===== Conclusion =====
+Section 7(2) is unforgiving on paper and workable in practice — if the PIO issues the reply promptly (even late), explains the delay honestly, and maintains the file trail. Deemed refusal is serious, but it is not unrecoverable.
+===== Related reading =====
+  * [[:pio-rti-reply-guide|PIO RTI reply guide]]
+  * [[:pio-speaking-replies|Drafting speaking replies]]
+  * [[:pio-section-7-9-alternative-form|Section 7(9) alternative form]]
+  * [[:faa-first-appeal-timelines|First Appeal timelines]]
+  * [[:pio-faa-knowledge-base|PIO & FAA knowledge base]]
+===== Sources =====
+  * RTI Act, 2005, Sections 7, 19, 20
+  * //K.V. Ramani v. CIC//, CIC orders
+  * //CBSE v. Aditya Bandopadhyay//, (2011) 8 SCC 497
+----
+//Last reviewed: 21 April 2026.//
+{{tag>pio section-7-2 deemed-refusal section-20-penalty timeline}}

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