2021-22 Archives

101. Which Section of the RTI Act, 2005 empowers the Central Government to

Which Section of the RTI Act, 2005 empowers the Central Government to make rules to carry out the provisions of the Act ?

[amp_mcq option1=”Section 18″ option2=”Section 27″ option3=”Section 30″ option4=”Section 32″ correct=”option2″]

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UPSC Combined Section Officer – 2021-22

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Section 27 of the Right to Information Act, 2005 explicitly empowers the Central Government to make rules to carry out the provisions of the Act. Sub-section (1) states, “The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.” Sub-section (2) lists various matters that may be provided for in such rules.

Section 27 grants the Central Government the power to frame rules for the implementation of the RTI Act.

Similarly, Section 28 empowers the State Governments to make rules to carry out the provisions of the Act. Section 18 deals with the powers and functions of the Central and State Information Commissions. Section 30 is about the power to remove difficulties, and Section 32 is the Repeal section. Thus, Section 27 is the specific provision for the Central Government’s rule-making power.

102. Which one of the following Sections of the RTI Act, 2005 provides prot

Which one of the following Sections of the RTI Act, 2005 provides protection to the persons giving information under the Act ?

[amp_mcq option1=”Section 11″ option2=”Section 22″ option3=”Section 24″ option4=”Section 27″ correct=”option1″]

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UPSC Combined Section Officer – 2021-22

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Section 11 of the Right to Information Act, 2005 deals with the procedure for disclosing information concerning a third party. While it does not provide a general “whistleblower” type protection to any person giving information to authorities, it offers procedural protection to a third party whose information is requested under the Act. When a Public Information Officer intends to disclose information that relates to or has been supplied by a third party and is considered confidential by that third party, Section 11 requires giving written notice to the third party and providing them an opportunity to make a submission as to whether the information should be disclosed. This ensures the third party’s interests and confidentiality concerns are considered, thus offering a form of protection regarding their information handled under the Act. Among the given options, Section 11 is the most relevant provision offering protection (in this case, procedural protection) to a specific category of persons (“third parties”) whose information is subject to the Act. Other options like Section 22 (overriding effect), Section 24 (exemption for certain organizations), and Section 27 (rule-making power) do not directly provide protection to individuals giving information under the Act in the sense implied by the question.

Section 11 of the RTI Act provides procedural protection to third parties whose confidential information is being considered for disclosure, by allowing them to object to the disclosure.

The RTI Act also includes Section 21 which provides protection for action taken in good faith. It states that no suit, prosecution, or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the Act or any rule made thereunder. This primarily protects public authorities and officers from legal action for actions taken in compliance with the Act. The question asks about “persons giving information”, which, depending on interpretation, could include third parties (covered under Section 11) or officials providing information (covered under Section 21 for good faith actions). Given the options, Section 11 is the only one directly addressing protection related to information concerning specific persons (third parties).

103. Which one of the following is the normal time limit for disposal of th

Which one of the following is the normal time limit for disposal of the RTI request from the date of receipt ?

[amp_mcq option1=”15 days” option2=”20 days” option3=”25 days” option4=”30 days” correct=”option4″]

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UPSC Combined Section Officer – 2021-22

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According to Section 7(1) of the RTI Act, 2005, the Public Information Officer must provide the requested information as expeditiously as possible, and in any case within thirty days of the receipt of the request. There is an exception for cases involving the life or liberty of a person, where the information must be provided within forty-eight hours.

The normal time limit for disposing of an RTI request is 30 days from the date of receipt by the public authority.

If the request is submitted to an Assistant Public Information Officer (APIO), the time limit is extended by five days, totaling 35 days. If the request involves consultation with a third party, the time limit can also be extended.

104. What is the fee prescribed under the RTI Rules, 2012 for the Below Pov

What is the fee prescribed under the RTI Rules, 2012 for the Below Poverty Line applicant ?

[amp_mcq option1=”₹ 10″ option2=”₹ 20″ option3=”₹ 30″ option4=”Exempted from payment of fee” correct=”option4″]

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UPSC Combined Section Officer – 2021-22

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Section 7(5) of the RTI Act, 2005 explicitly states that “the person below poverty line, as may be determined by the appropriate Government, shall not be required to pay any such fee” for seeking information. This exemption applies to both the initial application fee and any further fee for providing the information.

Persons below the poverty line (BPL) are exempted from paying any fee under the RTI Act, 2005.

Applicants seeking this exemption must provide proof of their BPL status as prescribed by the appropriate government rules.

105. Who can file an appeal before the Central Information Commission ?

Who can file an appeal before the Central Information Commission ?

[amp_mcq option1=”Only the applicant whose RTI application was rejected” option2=”Any third party affected by the RTI application” option3=”Only the Chief Information Commissioner” option4=”Any citizen who is aggrieved by the decision of the Public Information Officer” correct=”option4″]

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UPSC Combined Section Officer – 2021-22

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Section 19 of the RTI Act, 2005 allows “any person who does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to the first appellate authority”. It further states that “Any person who is aggrieved by the decision under sub-section (1) may prefer a second appeal to the Central Information Commission or, as the case may be, the State Information Commission”. Thus, any person aggrieved by the decision of the PIO (or the first appellate authority) can file an appeal before the Information Commission. While typically the applicant is the aggrieved person, third parties whose information is being sought can also be aggrieved and appeal in certain circumstances.

An appeal to the Central Information Commission can be filed by any person (primarily the applicant) who is aggrieved by the decision of the PIO or the First Appellate Authority.

The first appeal lies with a senior officer within the same public authority (First Appellate Authority), and the second appeal lies with the Central Information Commission or State Information Commission, as applicable.

106. Which one of the following is not a method of filing an RTI applicatio

Which one of the following is not a method of filing an RTI application ?

[amp_mcq option1=”Online through the RTI portal” option2=”By post” option3=”In person to the Chief Information Commissioner” option4=”By hand to the Public Information Officer” correct=”option3″]

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UPSC Combined Section Officer – 2021-22

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Filing an RTI application is done by submitting it to the Public Information Officer (PIO) or Assistant Public Information Officer (APIO) of the concerned public authority. This can be done in person, by post, or through the online RTI portal (for applicable authorities). Filing the initial application directly with the Chief Information Commissioner (CIC) is not the prescribed method. The CIC is the head of the Central Information Commission, which is primarily an appellate body that hears appeals against decisions of the First Appellate Authority or complaints regarding non-compliance.

Initial RTI applications must be filed with the PIO or APIO of the relevant public authority, not directly with the Chief Information Commissioner.

Methods like online filing (through designated portals), sending by post, or submitting by hand to the PIO/APIO are valid ways to submit an RTI request.

107. The RTI Act, 2005 mandates that all public authorities must proactivel

The RTI Act, 2005 mandates that all public authorities must proactively disclose certain categories of information. What is this proactive disclosure mechanism called ?

[amp_mcq option1=”RTI Monitoring System” option2=”Central Information Portal” option3=”National Public Information Directory” option4=”RTI Annual Report” correct=”option3″]

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UPSC Combined Section Officer – 2021-22

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Section 4 of the RTI Act, 2005 mandates that all public authorities must proactively disclose certain information. While the Act uses the term “publication of information” under Section 4, this mechanism is commonly referred to as “proactive disclosure” or “suo motu disclosure”. Among the given options, “National Public Information Directory” (C) best represents a potential system or initiative that would organise and make accessible the vast amount of information required to be proactively disclosed by various public authorities across the nation. While not explicitly named this in the Act, it aligns with the objective of creating a readily available source of public information, distinguishing it from mechanisms like annual reports (D), monitoring systems (A), or even a general central portal (B) that might not be specifically focused on consolidating the *proactive disclosure* information from all authorities. It implies a structured way to access the output of the proactive disclosure requirement.

Proactive disclosure (Section 4) requires public authorities to publish information regularly. Option C suggests a potential system for organising and accessing this information.

Public authorities typically implement proactive disclosure by publishing information on their websites, in official gazettes, through publications, etc. The idea behind proactive disclosure is to reduce the need for individual RTI requests by making information easily accessible to the public.

108. The Commission shall impose how much amount as the penalty on each day

The Commission shall impose how much amount as the penalty on each day, if the PIO, without any reasonable cause, refused to receive an application for information till it reaches Rupees twenty-five thousand under the RTI Act, 2005 ?

[amp_mcq option1=”₹ 200″ option2=”₹ 225″ option3=”₹ 250″ option4=”₹ 300″ correct=”option3″]

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UPSC Combined Section Officer – 2021-22

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According to Section 20(1) of the RTI Act, 2005, if a Public Information Officer (PIO), without any reasonable cause, refuses to receive an application, fails to provide information within the specified time, malafidely denies the request, gives incorrect, incomplete or misleading information, or obstructs the information in any manner, the Information Commission shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, subject to a maximum of twenty-five thousand rupees.

The daily penalty for delay or refusal by a PIO is ₹250 per day, up to a maximum of ₹25,000.

The Information Commission must give the PIO a reasonable opportunity of being heard before imposing any penalty. The burden of proving that he acted reasonably and diligently lies on the PIO.

109. Consider the following statements pertaining to powers and functions o

Consider the following statements pertaining to powers and functions of the Information Commission to receive and inquire into a complaint from any person :

1. Who has not been refused access to any information requested under the RTI Act, 2005
2. Who has not been given a response to a request for information or access to information within the time limits specified under the RTI Act, 2005
3. Who believes that he or she has been given incomplete, misleading or false information under the RTI Act, 2005

Which of the above statements are correct ?

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

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UPSC Combined Section Officer – 2021-22

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Statements 2 and 3 are correct grounds for filing a complaint with the Information Commission. Section 18 of the RTI Act, 2005 lists the grounds on which the Central Information Commission or State Information Commission can receive and inquire into a complaint. These include: (a) Refusal of access to information (contrary to statement 1), (b) Not responding within the time limit (statement 2), (c) Unreasonable fees charged, (d) Information given is incomplete, misleading or false (statement 3), (e) Wrong information regarding exemptions, (f) Refusal to accept application, etc. Statement 1 is incorrect as refusal of access *is* a valid ground for complaint, not a reason *not* to complain.

Grounds for complaint to the Information Commission include non-receipt of information within the time limit and receiving incomplete, misleading, or false information.

The Information Commission has the power to investigate such complaints and can impose penalties or direct the public authority to take necessary steps to comply with the Act.

110. Consider the following statements: The Chief Information Commissione

Consider the following statements:

The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of
1. the Prime Minister, who shall be the Chairperson of the committee.
2. the Leader of Opposition in the Lok Sabha.
3. a Union Cabinet Minister to be nominated by the Prime Minister.

Which of the above statements are correct ?

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

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UPSC Combined Section Officer – 2021-22

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All three statements are correct. According to Section 12(3) of the RTI Act, 2005, the Chief Information Commissioner and Information Commissioners are appointed by the President on the recommendation of a committee consisting of (1) the Prime Minister, who is the Chairperson; (2) the Leader of Opposition in the House of the People (Lok Sabha); and (3) a Union Cabinet Minister to be nominated by the Prime Minister.

The selection committee for CIC and ICs consists of the Prime Minister, Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the PM.

This composition ensures a degree of consensus in the appointment process, involving both the ruling party (through the PM and a cabinet minister) and the opposition (through the Leader of Opposition).