MPSC ATP · Topic 4

4 MPSC ATP RTI & RTS Acts questions with answers

6 questions from MPSC ATP Mock Test 1 with answers and MPSC ATP 2022 question paper with answers. Try each one, then tap Show answer.

Previous-paper questions are as in the original paper. Medha AI wrote the answers and explanations.

State Commission s.13

  1. Q1 Mock Test 1, Q15

    Regarding the Maharashtra State Commission for Right to Public Services constituted under section 13, which statement is INCORRECT?

    1. AThe Chief Commissioner must be a retired Judge of the High Court
    2. BThe Chief Commissioner and Commissioners are appointed by the Governor on the recommendation of a committee headed by the Chief Minister
    3. CThe selection committee includes the Leader of Opposition in the Legislative Assembly and a Cabinet Minister nominated by the Chief Minister
    4. DThe Commission consists of a State Chief Commissioner and State Commissioners, one for each revenue division
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    Answer A. The Chief Commissioner must be a retired Judge of the High Court

    Section 13 provides for a State Chief Commissioner (with jurisdiction over Mumbai City and Suburban districts) and a State Commissioner for each revenue division, appointed on the recommendation of a committee of the Chief Minister, the Leader of Opposition and a nominated Cabinet Minister; s.13(5) only requires persons of eminence in public life with wide administrative experience, not a judicial qualification.

    Source: Maharashtra Right to Public Services Act 2015, s.13(2)-(5)

Burden of proof s.19(5)

  1. Q2 Mock Test 1, Q16

    In any appeal proceedings under the RTI Act, the onus to prove that a denial of a request was justified lies on:

    1. AThe appellant
    2. BThe Information Commission
    3. CThe third party
    4. DThe Public Information Officer who denied the request
    Show answerHide answer

    Answer D. The Public Information Officer who denied the request

    Section 19(5) provides that in any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central/State Public Information Officer who denied the request.

    Source: RTI Act 2005, s.19(5)

Penalty s.20

  1. Q3 Mock Test 1, Q17

    A PIO, without reasonable cause, furnished information 150 days after the expiry of the statutory period. The maximum penalty the Information Commission can impose on the PIO under section 20(1) of the RTI Act is:

    1. ARs 25,000
    2. BRs 37,500
    3. CRs 50,000
    4. DRs 15,000
    Show answerHide answer

    Answer A. Rs 25,000

    Section 20(1) prescribes a penalty of Rs 250 per day till information is furnished, subject to a ceiling of Rs 25,000. 150 x 250 = Rs 37,500, which exceeds the ceiling, so the maximum penalty is Rs 25,000.

    Source: RTI Act 2005, s.20(1)

Sections 21-24

  1. Q4 ATP 2022, Q1

    Match the column in view of the Right to Information Act, 2005:

    Sections:

    • a. Section 21
    • b. Section 22
    • c. Section 23
    • d. Section 24

    Provisions:

    • I. Act not to apply to certain organisations
    • II. Protection of action taken in good faith
    • III. Act to have overriding effect
    • IV. Bar of jurisdiction of courts
    1. Aa-I, b-II, c-III, d-IV
    2. Ba-IV, b-III, c-II, d-I
    3. Ca-II, b-III, c-IV, d-I
    4. Da-III, b-II, c-IV, d-I
    Show answerHide answer

    Answer C. a-II, b-III, c-IV, d-I

    Under the RTI Act, s.21 protects action taken in good faith, s.22 gives the Act overriding effect, s.23 bars the jurisdiction of courts, and s.24 excludes certain intelligence/security organisations. Hence a-II, b-III, c-IV, d-I. (Option (2) is illegible in the scan and reconstructed.) (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RTI Act 2005, ss.21-24

Sections 4-7

  1. Q5 ATP 2022, Q2

    Match the following regarding the Maharashtra Right to Public Services Act, 2015:

    Sections:

    • a. Section 4
    • b. Section 5
    • c. Section 6
    • d. Section 7

    Provisions:

    • I. Monitoring status of application
    • II. Use of Information Technology for delivery of public service
    • III. Right to obtain public services within stipulated time limit
    • IV. Providing public services within stipulated time limit
    1. Aa-I, b-III, c-II, d-IV
    2. Ba-III, b-I, c-II, d-IV
    3. Ca-III, b-IV, c-I, d-II
    4. Da-I, b-III, c-IV, d-II
    Show answerHide answer

    Answer C. a-III, b-IV, c-I, d-II

    Section 4 confers the right to obtain public services within the stipulated time, s.5 obliges the designated officer to provide the service within that time, s.6 provides for monitoring the status of applications, and s.7 provides for use of information technology for delivery of services. (Answer matches the official MPSC final key, 26-12-2022.)

    Source: Maharashtra Right to Public Services Act 2015, ss.4-7

Proactive disclosure s.4(1)(b)

  1. Q6 ATP 2022, Q3

    Every Public Authority shall publish the necessary particulars mentioned under Section 4(1)(b) of the Right to Information Act, 2005 ______ (complete the sentence).

    1. Awithin 120 days from the enactment of this Act
    2. Bwithin 15 days from the date of him taking charge of office
    3. Cwithin 30 days from the date of commencement of the calendar year
    4. Dwithin 60 days from the date of commencement of this Act
    Show answerHide answer

    Answer A. within 120 days from the enactment of this Act

    Section 4(1)(b) requires every public authority to publish the 17 categories of particulars within one hundred and twenty days from the enactment of the Act. (Answer matches the official MPSC final key, 26-12-2022.)

    Source: RTI Act 2005, s.4(1)(b)

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