UPSC Combined Section Officer

Consider the following statements:

• A PIO has to offer reasonable assistance to the person making the request orally to record the same in writing.
• A PIO is under no obligation to provide requested information to non-BPL category persons without the payment of application / initial fees.
• A PIO is under no obligation to provide the requested information to non-BPL category persons without the payment of further fees as specified by her / him.

Which of the above statements are correct ?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option4″]

All three statements are correct. A PIO must assist persons making oral requests to reduce them to writing. Non-BPL applicants are required to pay initial application fees and further fees for receiving the information.

Statement 1 is correct. Section 6(1) of the RTI Act states that where a request cannot be made in writing, the PIO shall render all reasonable assistance to the person making the request orally to reduce the same in writing. This ensures that persons who are illiterate or unable to write are not disadvantaged.
Statement 2 is correct. Section 6(1) requires a fee for submitting a request, which is exempted for persons below the poverty line (BPL). Therefore, for non-BPL category persons, payment of the prescribed application/initial fee is mandatory for the request to be processed.
Statement 3 is correct. Section 7(3) and 7(5) outline the procedure for intimation of fees for providing the information (cost of copying, etc.). Section 7(5) explicitly states that no fee shall be charged from persons below the poverty line. By implication, non-BPL applicants are required to pay these further fees as specified by the PIO before the information is provided. The PIO is under no obligation to provide the information without receiving these fees from non-BPL applicants.

The fee structure for RTI applications varies slightly across states and the central government, but the principle of an initial application fee and further fees based on the cost of providing information (like number of pages, copies) is standard, with an exemption for BPL cardholders.

Consider the following statements:
While inquiring into a complaint, Information Commissions have the power to

• summon and enforce attendance of persons.
• compel them to give evidence on oath and produce documents or things.
• require discovery and inspection of documents.

Which of the above statements is/are correct ?

[amp_mcq option1=”1 only” option2=”2 only” option3=”3 only” option4=”1, 2 and 3″ correct=”option4″]

All three statements are correct. While inquiring into a complaint, Information Commissions possess the powers of a Civil Court, which include summoning persons, compelling evidence and production of documents, and requiring discovery and inspection of documents.

Section 18(3) of the RTI Act, 2005, grants the Central Information Commission and the State Information Commissions, while inquiring into any matter under the section, the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908. These powers include:
Statement 1 is correct. Summoning and enforcing the attendance of persons.
Statement 2 is correct. Compelling them to give oral or written evidence on oath and to produce documents or things.
Statement 3 is correct. Requiring the discovery and inspection of documents.
Other powers include receiving evidence on affidavit, requisitioning public records, and issuing summons for examination of witnesses or documents.

These powers akin to a Civil Court enable the Information Commissions to effectively investigate complaints and appeals filed under the RTI Act, ensuring that public authorities and PIOs comply with the provisions of the Act.

Consider the following statements:
A Public Information Officer will be liable to be imposed a monetary penalty for

• refusal to receive an information application.
• not providing information within specified time limits.
• destroying information.

Which of the above statements are correct ?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option4″]

All three statements are correct. A Public Information Officer is liable to be penalised for refusal to receive an application, failure to provide information within the time limit, and destruction of information.

Section 20(1) of the RTI Act, 2005, specifies the grounds on which the Central Information Commission or the State Information Commission may impose a penalty on a Central Public Information Officer or a State Public Information Officer. These grounds include:
– Refusal to receive an application for information.
– Failing to furnish information within the time specified.
– Malafidely denying the request.
– Knowingly giving incorrect, incomplete or misleading information.
– Destroying information which was the subject of the request.
– Obstructing in any manner the furnishing of the information.
All three statements listed in the question fall under these grounds for penalty.

The penalty imposed under Section 20(1) is fifty rupees for each day of delay until the information is furnished, not exceeding twenty-five thousand rupees. Before imposing a penalty, the Commission is required to give the PIO a reasonable opportunity of being heard. The burden of proof that he acted reasonably and diligently lies on the PIO.

Consider the following statements :

• A first appeal against the decision of a PIO can be preferred by
• an applicant.
• a person from within the Public Authority.
• a person outside the Public Authority to whom the information pertains.

Which of the above statements are correct ?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option3″]

Statements 1 and 3 are correct, while statement 2 is incorrect. An applicant can file a first appeal. A person outside the Public Authority to whom the information pertains (a third party) can also file an appeal under specific circumstances related to disclosure of their information. A person from within the Public Authority does not typically have the right to appeal against the PIO’s decision regarding another applicant’s request.

Statement 1 is correct. Section 19(1) of the RTI Act states that any person who does not receive a decision on a request for information within the specified time limit, or is aggrieved by a decision of the PIO, may prefer an appeal to the first appellate authority (an officer senior in rank to the PIO) within 30 days. This “person” is typically the applicant.
Statement 2 is incorrect. The right to appeal is primarily for the person seeking information or a third party whose information is being disclosed. A person from within the Public Authority, in their official capacity, is involved in the process of providing information, not appealing against the decision regarding an application by an external party.
Statement 3 is correct. Section 19(3) read with Section 11 of the Act allows a third party (a person other than the applicant) whose information is proposed to be disclosed by the PIO to appeal against the PIO’s decision to disclose such information. This appeal is made to the first appellate authority before the information is actually disclosed.

The RTI Act provides for a two-tier appellate mechanism. The first appeal is to a senior officer within the same Public Authority (the First Appellate Authority). The second appeal lies with the Central Information Commission or the State Information Commission.

How could a Public Information Officer receive applications ?

• Those submitted by an applicant by hand.
• Those sent by an applicant by E-Mail.
• Transferred by another Public Authority.
• Forwarded by an Assistant Public Information Officer.

Select the correct answer using the code given below :

[amp_mcq option1=”1, 2 and 3 only” option2=”1 and 4 only” option3=”2, 3 and 4 only” option4=”1, 2, 3 and 4″ correct=”option4″]

A Public Information Officer can receive applications through all four mentioned methods: hand delivery, email, transfer from another public authority, and forwarding by an Assistant Public Information Officer.

Under the Right to Information (RTI) Act, 2005, and subsequent rules and practices:
Statement 1 is correct. Applicants can submit applications directly by hand to the PIO or the designated receiving point of the Public Authority.
Statement 2 is correct. Many public authorities have provisions for receiving RTI applications via email, subject to fulfilling certain requirements like fee payment.
Statement 3 is correct. Section 6(3) of the RTI Act mandates that if an application is made to a Public Authority which does not hold the requested information, the PIO of that authority shall transfer the application to the appropriate Public Authority within five days. Thus, a PIO receives applications transferred from other public authorities.
Statement 4 is correct. Assistant Public Information Officers (APIOs) are designated at sub-divisional or sub-district levels to receive RTI applications and forward them to the respective PIOs or nodal officers. Therefore, PIOs receive applications forwarded by APIOs.

The RTI Act aims to provide a mechanism for citizens to access information held by public authorities. Proper receipt and processing of applications are crucial steps in ensuring timely information dissemination. Public authorities are encouraged to facilitate easy access for applicants through various means, including online portals and designated officers.