Right to Information Act, 2005 Chapter IV

(1)Every State Government shall, by notification in the Official Gazette,constitute a body to be known as the (name of the State) Information Commissionto exercise the powers conferred on, and to perform the functions assigned to,it under this Act.

(2)The State Information Commission shall consist of--

(a)the State Chief Information Commissioner; and

(b)such number of State Information Commissioners, not exceeding ten, as may bedeemed necessary.

(3)The State Chief Information Commissioner and the State Information Commissionersshall be appointed by the Governor on the recommendation of a committeeconsisting of--

(i)the Chief Minister, who shall be the Chairperson of the committee;

(ii)the Leader of Opposition in the Legislative Assembly; and

(iii)a Cabinet Ministrer to be nominated by the Chief Minister.

Explanation.--Forthe purposes of removal of doubts, it is hereby declared that where the Leaderof Opposition in the Legislative Assembly has not been recognised as such, theLeader of the single largest group in opposition of the Government in theLegislative Assembly shall be deemed to be the Leader of the Opposition.

(4)The general superintendence, direction and management of the affairs of theState Information Commission shall vest in the State Chief InformationCommissioner who shall be assisted by the State Information Commissioners andmay exercise all such powers and do all such acts and things which may beexercised or done by the State Information Commission autonomously without beingsubjected to directions by any other authority under this Act.

(5)The State Chief Information Commissioner and the State Information Commissionersshall be persons of eminence in public life with wide knowledge and experiencein law, science and technology, social service, management, journalism, massmedia or administration and governance.

(6)The State Chief Information Commissioner or a State Information Commissionershall not be a Member of Parliament or Member of the Legislature of any State orUnion territory, as the case may be, or hold any other office of profit orconnected with any political party or carrying on any business or pursuing anyprofession,

(7)The headquarters of the State Information Commission shall be at such place inthe State as the State Government may, by notification in the Official Gazette,specify and the State Information Commission may, with the previous approval ofthe State Government, establish offices at other places in the State.

(1) The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:

Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

(2) Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:

Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15.

Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.

(3) The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.

(4) The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor resign from his office:

Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.

(5) The salaries and allowances payable to and other terms and conditions of service of--

(a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner;

(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:

Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:

Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:

Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.

(6) The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.

(1)Subject to the provisions of sub-section (3), the State Chief InformationCommissioner or any State Information Commissioner shall be removed from hisoffice only by order of the Governor on the ground of proved misbehaviour orincapacity after the Supreme Court, on a reference made to it by the Governor,has on inquiry, reported that the State Chief Information Commissioner or anyState Information Commissioner, as the case may be, ought on such ground beremoved.

(2)The Governor may suspend from office, and if deem necessary prohibit also fromattending the office during inquiry, the State Chief Information Commissioner orState Information Commissioner in respect of whom a reference has been made tothe Supreme Court under sub-section (1) until the Governor has passed orders onreceipt of the report of the Supreme Court on such reference.

(3)Notwithstanding anything contained in sub-section (1), the Governor may by orderremove from office the State Chief Information Commissioner or any StateInformation Commissioner if the State Chief Information Commissioner or a StateInformation Commissioner, as the case may be,--

(a)is adjudged an insolvent; or

(b)has been convicted of an offence which, in the opinion of the Governor, involvesmoral turpitude; or

(c)engages during his term of office in any paid employment outside the duties ofhis office; or

(d)is, in the opinion of the Governor, unfit to continue in office by reason ofinfirmity of mind or body; or

(e)has acquired such financial or other interest as is likely to affectprejudicially his functions as the State Chief Information Commissioner or aState Information Commissioner.

(4)If the State Chief Information Commissioner or any State InformationCommissioner in any way, concerned or interested in any contract or agreementmade by or on behalf of the Government of the State or participates in any wayin the profit thereof or in any benefit or emoluments arising therefromotherwise than as a member and in common with the other members of anincorporated company, he shall, for the purposes of sub-section (1), be deemedto be guilty of misbehaviour.