As per Section 7 of the Right to Information Act, 2005, the Public Information Officer is required to give reply to the RTI application within a maximum period of 30 days or otherwise reject the request for RTI information along with reasons within that period of 30 days.
However, where the information sought for concerns the life or liberty of a person, the RTI reply shall be provided within 48 hours of the receipt of the request.
If the information on RTI application is not given within the aforesaid period, it shall be presumed that the authority has refused the information.
If the information is not given within the aforesaid period, the RTI applicant can file an appeal before the appellate authority under Section 19 of the RTI Act. This appeal has to be filed within a further period of 30 days, though delay in filing appeal can be condoned if satisfactory cause is shown.
In your case, since the RTI reply is yet to be received even after 45 days, it can be considered that the information has been refused and you can file an appeal against refusal of such information.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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