The Parliamentary Act Archives

151. Which of the following statements, as per the Information Technology A

Which of the following statements, as per the Information Technology Act, 2000, is/are correct ?

1. This Act provides that electronic signature is legally valid in the same manner as the handwritten signature.
2. Both the Central Government and State Governments have been given the power to make rules with respect to electronic signature.

Select the answer using the code given below :

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2024

Statement 1 is correct. Section 4 of the Information Technology Act, 2000, provides legal recognition for electronic records, and Section 5 provides legal recognition for electronic signatures, stating that where any law requires a signature, an electronic signature shall be deemed to satisfy the requirement.
Statement 2 is incorrect. The primary power to make rules regarding the type of electronic signatures, the manner and format of digital signatures, eligibility of certifying authorities, etc., rests with the Central Government under various sections of the Act (e.g., Section 10, Section 87). While Section 88 allows State Governments to make rules regarding matters specified by the State Government, the core regulatory framework for electronic signatures as defined and validated by the Act is governed by Central Government rules. The statement implies both have equal or similar rule-making power “with respect to electronic signature” itself, which is not accurate; the technical and legal framework is set centrally.

The IT Act, 2000, is the principal law in India dealing with cybercrime and e-commerce, granting legal validity to electronic interactions.
Electronic signatures are legally equivalent to handwritten signatures under this Act.

The Act defines “electronic signature” broadly, which includes digital signatures using asymmetric crypto system and hash function, as well as other electronic authentication techniques specified by the Central Government. The power to issue licenses to Certifying Authorities for electronic signatures is also vested with the Central Government.

152. Which one of the following statements about Indian Maritime University

Which one of the following statements about Indian Maritime University (IMU) is not correct ?

[amp_mcq option1=”It was established through an Act of Parliament as a Central University.” option2=”It was established primarily to support the Indian Navy.” option3=”It is located in Chennai.” option4=”It was established to extend the benefits of knowledge and skill for development of individuals and society by associating closely with local, regional and national issues of development.” correct=”option2″]

This question was previously asked in

UPSC CDS-2 – 2023

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The Indian Maritime University (IMU) was established as a Central University by the Indian Maritime University Act, 2008 (Act 22 of 2008). It is headquartered in Chennai. Its objective is to facilitate and promote maritime studies, training, and research. While it contributes to the pool of skilled personnel who may join the Indian Navy, its primary purpose as defined by the Act is much broader, encompassing education and training for the entire maritime sector, including merchant marine, port management, shipbuilding, and related fields. Therefore, the statement that it was established *primarily* to support the Indian Navy is incorrect.

– IMU is a Central University under the Ministry of Ports, Shipping, and Waterways.
– It integrates several existing maritime training institutions.
– Its focus is on comprehensive maritime education and training.

Statement A is correct as it was established by an Act of Parliament as a Central University. Statement C is correct as its headquarters are in Chennai. Statement D correctly reflects its broad objective of extending benefits of knowledge and skill for development by associating with national issues related to the maritime sector.

153. Which one of the following Labour Codes notified by the Government of

Which one of the following Labour Codes notified by the Government of India incorporated various provisions of the Central Labour Acts such as the Factories Act, 1948 and Plantations Labour Act, 1951 ?

[amp_mcq option1=”The Occupational Safety, Health and Working Conditions Code, 2020″ option2=”The Industrial Relations Code, 2020″ option3=”The Code on Wages, 2019″ option4=”The Code on Social Security, 2020″ correct=”option1″]

This question was previously asked in

UPSC CDS-2 – 2022

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The correct answer is A. The Occupational Safety, Health and Working Conditions Code, 2020 incorporated various provisions of Central Labour Acts such as the Factories Act, 1948 and Plantations Labour Act, 1951.

– The Government of India consolidated 29 Central Labour Laws into four Labour Codes: the Code on Wages, 2019; the Industrial Relations Code, 2020; the Code on Social Security, 2020; and the Occupational Safety, Health and Working Conditions Code, 2020.
– The Occupational Safety, Health and Working Conditions Code, 2020 specifically covers the aspects of safety, health, and working conditions for workers, integrating provisions from acts like the Factories Act, Plantations Labour Act, Mines Act, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, etc.

The purpose of these codes is to simplify, rationalize, and amalgamate the existing complex labour laws into a more coherent and effective framework, applicable to both organized and unorganized sectors.

154. Which one of the following statements is not true of the Protection

Which one of the following statements is not true of the Protection of Women from Domestic Violence Act, 2005?

[amp_mcq option1=”This Act provides civil remedies to protect a woman subjected to domestic violence.” option2=”Only women can make a complaint under this legislation.” option3=”Relief may be sought only against the husband or a male live-in partner with whom the woman has lived in a domestic relationship.” option4=”The Act includes not just wives but also women in marriage-like relationships.” correct=”option3″]

This question was previously asked in

UPSC CDS-2 – 2016

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The correct answer is C, as the statement that relief may be sought only against the husband or a male live-in partner is not true.

Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, defines ‘respondent’ as any adult male person who is, or has been, in a domestic relationship with the aggrieved person. However, the proviso to this section explicitly states that an aggrieved wife or female living in a marriage-like relationship may also file a complaint against a relative of the husband or the male partner, which includes female relatives (like mother-in-law, sister-in-law). Therefore, relief can be sought against female relatives as well, not just against the husband or male partner.

The Act provides a comprehensive definition of domestic violence, including physical, sexual, verbal, emotional, and economic abuse. It focuses on providing civil remedies such as protection orders, residence orders, monetary relief, custody orders, and compensation orders. The Act covers women in various domestic relationships, including marriage, live-in relationships, and relationships with family members.

155. Which of the following statements relating to the Scheduled Tribes and

Which of the following statements relating to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are correct ?

1. The Act recognizes forest rights of forest dwelling Scheduled Tribes who have been occupying the forest land before October 25, 1980
2. The onus of implementation of the Act lies at the level of the State / UT Governments
3. The Act seeks to recognize and vest certain forest rights in the forest dwelling Scheduled Tribes and other traditional forest dwellers

Select the correct answer using the code given below :

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

This question was previously asked in

UPSC CDS-1 – 2016

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Statements 2 and 3 are correct. Statement 1 is incorrect as the cutoff date for recognition of rights for forest dwellers under the Act is December 13, 2005, not October 25, 1980.

– The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, aims to recognize and vest forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations.
– The Act specifies that the forest dwelling Scheduled Tribes must have been primarily residing in and depending on forests or forest lands for bona fide livelihood needs. The definition of “forest dwelling Scheduled Tribes” and “other traditional forest dwellers” in Section 2 sets the cutoff date for eligibility based on residence prior to December 13, 2005. The date October 25, 1980, is relevant to the Forest (Conservation) Act, 1980, regarding the diversion of forest land.
– Implementation of the Act is primarily the responsibility of the State/UT Governments through various committees constituted at the Gram Sabha, Sub-Divisional, and District levels, overseen by a State Level Monitoring Committee.

The Act recognizes various rights, including the right to hold and live in forest land for habitation or cultivation, ownership of minor forest produce, community rights like grazing and access to water bodies, and conservation rights. The Gram Sabha is the statutory body for initiating the process of determining the nature and extent of individual or community forest rights.

156. Consider the following statements : While inquiring into a complaint,

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

1. to receive evidence on affidavit.
2. to requisition any public records or copies thereof from any court or office.
3. to issue summons for examination of witnesses or documents.

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″]

This question was previously asked in

UPSC Combined Section Officer – 2024

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Section 18(3) of the Right to Information Act, 2005 grants the Central Information Commission and State Information Commissions the powers of a civil court while inquiring into complaints or appeals. These powers are equivalent to those of a civil court trying a suit under the Code of Civil Procedure, 1908 in respect of specific matters listed in the section.
Statement 1: Section 18(3)(c) explicitly grants the power “to receive evidence on affidavit.” This statement is correct.
Statement 2: Section 18(3)(d) explicitly grants the power “to requisition any public record or copies thereof from any court or office.” This statement is correct.
Statement 3: Section 18(3)(e) explicitly grants the power “to issue summons for examination of witnesses or documents.” This statement is correct.
Since all three listed powers are indeed held by the Information Commissions, all statements are correct.

– Information Commissions (CIC and SIC) have powers of a civil court under Section 18(3) of the RTI Act.
– These powers include summoning individuals, compelling evidence, receiving evidence on affidavit, requisitioning public records, and issuing summons.

These quasi-judicial powers are essential for the Information Commissions to effectively inquire into complaints and appeals, gather necessary information, and ensure compliance with the provisions of the RTI Act by public authorities.