Ans: Sweden did so as far back as in December 1766.
2. The Universal Declaration of Human Rights recognises FOI as a part of Freedom of Expression, which is a Fundamental Human Right.
A) Correct b) False Ans : Correct
3. FoI / RTI laws are also referred to as "open-government laws" and "sunshine laws"
A) Correct b) False Ans : Correct
4. The first State to introduce the a law on RTI was
A) Tamilnadu b) U.P C) Maharastra D) Gujarat
Correct. Tamil Nadu did so in April 1996
5. Which was the State in which local authorities started providing people access to certain information related to the `Public Distribution System` (PDS) even before the State Assembly introduced / passed an RTI Act?
A) West Bengal b) Rajasthan C) Madya Pradesh D) Kerala
Answer: B. Madhya Pradesh: It happened in Madhya Pradesh in certain places like Bilaspur and Korba. This was before the State of Chhattisgarh was carved out of Madhya Pradesh in November 2000. The Madhya Pradesh Assembly passed the RTI Act in 2002
6. The `Right to Information Act, 2005` came into full force on
a) 2nd October 2005 b) 12th October, 2005. C) 5th Sept 2005 d) 25th August 2005
Answer: B. 12th October, 2005
7. How many schedules does the `RTI Act, 2005` have?
A) 5 b) 10 C) 2 D) 8
Correct Answer: C
8. Indian citizens have the right to information because of
a) Judgment of Supreme Court
b) Implementation of International Laws by Indian Government
C) All states adopted agree to implement the Act
d) a law passed by the Parliament of India.
Correct Answer: D
9. Rules can be made by Appropriate Governments or Competent Authorities by notifying the rules:
a) in the Official Gazette
bi) by publishing them on the website of the Appropriate Government.
C) by publishing them on the websites of Information Commissions - as applicable.
10. For the PIO to disclose certain information, the Competent Authority should be satisfied that larger public interest warrants its disclosure. This information pertains to
a) commercial confidence. b) trade secrets. ci) intellectual property.
d) information available to a person in his fiduciary relationship e) All of the above
11. How many TYPES of `Public Authorities` are there?
A) Central Public Authorities b) State Public Authorities. C) Both
12. The time limit specified in the `RTI Act, 2005` for the Central / State Information Commissions to decide on complaints is
a) 15 days b) One Month C) Two Months d) No such time limit has been specified.
12. How could a Public Information Officer receive applications?
a) Those submitted by a requester in hand. b) Those sent by an applicant by E-Mail.
c) Transferred by another Public Authority. d) Forwarded by an Assistant Public Information Officer.
e) All of them Ans: e
13. "Deemed refusal" under the `RTI Act, 2005` is
A) failure on a PIO`s part to provide information within the specified time limits.
14. A first appeal against the decision of a PIO can be preferred by
a) An Applicant b) A person from within the Public Authority.
c) A person outside the Public Authority to whom the information pertains D. All
15. The First Appellate Authority should decide on first appeals
a) Within 30 days from the receipt of the first appeals.
b) In less number of days that the PIO concerned took to take a decision on the application.
c) Within 45 days from the date of receipt of the appeal, if the reasons are recorded.
16. While inquiring into a complaint, Information Commissions have the power to
a) Receive evidence on affidavit. b) Requisition record or copies thereof from any court or office.
c) Issue summons for examination of witnesses or documents. D. All of them
17. A Public Information Officer will be liable to be imposed a monetary penalty for
ai) refusal to receive an information application.
b) not providing information within specified time limits. c) destroying information.
D) All of them
18. Consider the following. A PIO:
a) Malafidely denies information. b) Obstructed furnishing information.
c) Knowingly gave incorrect, incomplete or misleading information. For which of these actions can he / she be penalized by an Information Commission.
D) All of these Ans: D
19. PIO should disclose information exempted in S. 8(1) if public interest in disclosure outweighs the harm to the protected interests.
a) Yes b) No C) None D) Yes Ans : D
20. If a PIO reasonably severs non-exempted portions of a record from exempted portions, and partially provides information to an applicant, he / she has to
a) Give the name and designation of the person giving the decision. b) Reasons for the decision.
c) Details of fees the applicant may have to pay D) applicants rights for a review of the decision.
E) All of them Ans: E
21. The Second Schedule of the RTI Act, 2005 lists
A. the intelligence and security organizations established by the Central Government that are exempted from the purview of the `RTI Act, 2005
B. All Departmental information of Central and State
C. None Ans: A
22. The Second Schedule of the RTI Act, 2005 can be amended by
A. Central Govt B) State C) Both D) None Ans: A
23. According to the `RTI Act, 2005`, as far as exempted organizations are concerned, the exemption applies to
a) Certain organizations of the Central Government as listed in the 2nd Schedule and to the information submitted by these organizations to this Government.
b) Certain organizations of the State Governments as may be notified by them in the Official Gazette, but NOT to the information furnished by these organisations to the respective State Governments.
C) Both Ans: C
24. What is the time span mentioned in the `RTI Act, 2005` for making orders for removing difficulties in giving effect to the provisions of the `RTI Act, 2005`?
A) 2 years from the commencement of the Act.
B) 1 years from the commencement of the Act.
C) 3 years from the commencement of the Act.
D) 4 years from the commencement of the Act. Ans: A
It comes into force on the 12th October 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4(1)], designation of Public Information Officers and Assistant Public Information Officers[S.5(1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).
2. Who is covered?
The Act extends to the whole of India except the State of Jammu and Kashmir. [S.(12)]
3. What does information mean?
Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file notings" [S.2(f)].
4. What does Right to Information mean?
It includes the right to -
5. What are the obligations of public authority?
It shall publish within one hundred and twenty days of the enactment:-
i. the particulars of its organization, functions and duties;
ii. the powers and duties of its officers and employees;
iii. the procedure followed in its decision making process, including channels of supervision and accountability;
iv. the norms set by it for the discharge of its functions;
v. the rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
vi. a statement of the categories of the documents held by it or under its control;
vii. the particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof;
viii. a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the public;
ix. a directory of its officers and employees;
x. the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
xi. the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
xii. the manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;
xiii. particulars of recipients of concessions, permits or authorizations granted by it;
xiv. details of the information available to, or held by it, reduced in an electronic form;
xv. the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
xvi. the names, designations and other particulars of the Public Information Officers.[S.4(1)(b)]
6. What is not open to disclosure?
7. Is partial disclosure allowed?
Only that part of the record which does not contain any information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [S.10]
8. What does a "public authority" mean?
It means any authority or body or institution of self-government established or constituted: [S.2(h)]
· by or under the Constitution;
· by any other law made by Parliament;
· by any other law made by State Legislature;
· by notification issued or order made by the appropriate Government.and includes any-
a. body owned, controlled or substantially financed
b. non-Government organization substantially financed directly or indirectly by the appropriate Government.
9. Who is excluded?
Central Intelligence and Security agencies specified in the Second Schedule like IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights valuations could be given but only with the approval of the Central or State Information Commission, as the case may be. [S.24)]
10. Who are 'Third Parties'?
A third party means a person other than the citizen making a request for information and includes a public authority. Third parties have a right to be heard in respect of applications and appeals dealing with information submitted by them to the Government in confidence. [S.2(n) and S.11]
11. Who are Public Information Officers (PIOs)?
PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this Act, such other officer shall be treated as a PIO.
12. What are the duties of a PIO?
a. that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
b. the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
c. the name and designation of the person giving the decision;
d. the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
e. his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.
· If information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.
· Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.
13. What is the Application Procedure for requesting information?
14. What is the time limit to get the information?
15. What is the fee?
16. What could be the ground for rejection?
17. Who are the Appellate Authorities?
18. How is Central Information Commission constituted?
19. What is the eligibility criteria and what is the process of appointment of CIC/IC?
20. What is the term of office and other service conditions of CIC?
21. What is the term of office and other service conditions of IC?
22. How is the State Information Commission constituted?
23. What is the eligibility criterion and what is the process of appointment of State Chief Information Commissioner/State Information Commissioners?
24. What are the powers and functions of Information Commissions?
who has not been able to submit an information request because a PIO has not been appointed ;
who has been refused information that was requested;
who has received no response to his/her information request within the specified time limits ;
who thinks the fees charged are unreasonable ;
who thinks information given is incomplete or false or misleading ;and
any other matter relating to obtaining information under this law.
summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
requiring the discovery and inspection of documents;
receiving evidence on affidavit ;
requisitioning public records or copies from any court or office
issuing summons for examination of witnesses or documents
any other matter which may be prescribed.
a) providing access to information in a particular form;
b) directing the public authority to appoint a PIO/APIO where none exists;
c) publishing information or categories of information;
d) making necessary changes to the practices relating to management, maintenance and destruction of records ;
e) enhancing training provision for officials on RTI;
f) seeking an annual report from the public authority on compliance with this law;
g) require it to compensate for any loss or other detriment suffered by the applicant ;
h) impose penalties under this law; or
i) reject the application. (S.18 and S.19)
25. What is the reporting procedure?
26. What are the penalty provisions?
Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, for -
i. not accepting an application;
ii. delaying information release without reasonable cause;
iii. malafidely denying information;
iv. knowingly giving incomplete, incorrect, misleading information;
v. destroying information that has been requested and
vi. obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and the State levels will have the power to impose this penalty. The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO. (S.20)
27. What is the jurisdiction of courts
Lower Courts are barred from entertaining suits or applications against any order made under this Act. (S.23) However, the writ jurisdiction of the Supreme Court and High Courts under Articles 32 and 225 of the Constitution remains unaffected.
28. What is the role of Central/State Governments?
29. Who has the Rule making power?
Central Government, State Governments and the Competent Authority as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28)
30. Who has the power to deal with the difficulties while implementing this act?
If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)