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(1) |
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The
Central Government shall, by notification in the Official
Gazette, constitute a body to be known as the Central
Information Commission to exercise the powers conferred
on, and to perform the functions assigned to, it under
this Act. |
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(2) |
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The
Central Information Commission shall consist of— |
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(a) |
the
Chief Information Commissioner; and |
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(b) |
such
number of Central Information Commissioners, not exceeding
ten, as may be deemed necessary. |
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(3) |
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The
Chief Information Commissioner and Information Commissioners
shall be appointed by the President on the recommendation
of a committee consisting of— |
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(i) |
the
Prime Minister, who shall be the Chairperson of the
committee; |
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(ii) |
the
Leader of Opposition in the Lok Sabha; and |
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(iii) |
a
Union Cabinet Minister to be nominated by the Prime
Minister. |
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Explanation.—For
the purposes of removal of doubts, it is hereby declared
that where the Leader of Opposition in the House of
the People has not been recognised as such, the Leader
of the single largest group in opposition of the Government
in the House of the People shall be deemed to be the
Leader of Opposition. |
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(4) |
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The
general superintendence, direction and management
of the affairs of the Central Information Commission
shall vest in the Chief Information Commissioner who
shall be assisted by the Information Commissioners
and may exercise all such powers and do all such acts
and things which may be exercised or done by the Central
Information Commission autonomously without being
subjected to directions by any other authority under
this Act. |
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(5) |
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The
Chief Information Commissioner and Information Commissioners
shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology,
social service, management, journalism, mass media
or administration and governance. |
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(6) |
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The
Chief Information Commissioner or an Information Commissioner
shall not be a Member of Parliament or Member of the
Legislature of any State or Union territory, as the
case may be, or hold any other office of profit or
connected with any political party or carrying on
any business or pursuing any profession. |
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(7) |
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The
headquarters of the Central Information Commission
shall be at Delhi and the Central Information Commission
may, with the previous approval of the Central Government,
establish offices at other places in India. |
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Term
of office and conditions of service |
| 13 |
(1) |
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The
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 Chief Information Commissioner shall hold
office as such after he has attained the age of sixty-five
years. |
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(2) |
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Every
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 Information Commissioner:
Provided
that every Information Commissioner shall, on vacating
his office under this sub-section be eligible for
appointment as the Chief Information Commissioner
in the manner specified in sub-section (3) of section
12:
Provided
further that where the Information Commissioner is
appointed as the Chief Information Commissioner, his
term of office shall not be more than five years in
aggregate as the Information Commissioner and the
Chief Information Commissioner. |
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(3) |
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The
Chief Information Commissioner or an Information Commissioner
shall before he enters upon his office make and subscribe
before the President 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. |
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(4) |
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The
Chief Information Commissioner or an Information Commissioner
may, at any time, by writing under his hand addressed
to the President, resign from his office:
Provided
that the Chief Information Commissioner or an Information
Commissioner may be removed in the manner specified
under section 14. |
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(5) |
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The
salaries and allowances payable to and other terms
and conditions of service of — |
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(a) |
the
Chief Information Commissioner shall be the same as
that of the Chief Election Commissioner; |
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(b) |
an
Information Commissioner shall be the same as that
of an Election Commissioner: |
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Provided
that if the Chief Information Commissioner or an 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
Chief Information Commissioner or an 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: |
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Provided
further that if the Chief Information Commissioner
or an 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 Chief Information
Commissioner or an Information Commissioner shall
be reduced by the amount of pension equivalent to
the retirement benefits: |
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Provided
also that the salaries, allowances and other conditions
of service of the Chief Information Commissioner and
the Information Commissioners shall not be varied
to their disadvantage after their appointment. |
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(6) |
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The
Central Government shall provide the Chief Information
Commissioner and the 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. |
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Removal
of Chief Information Commissioner or Information
Commissioner |
| 14 |
(1) |
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Subject
to the provisions of sub-section (3), the Chief Information
Commissioner or any Information Commissioner shall
be removed from his office only by order of the President
on the ground of proved misbehaviour or incapacity
after the Supreme Court, on a reference made to it
by the President, has, on inquiry, reported that the
Chief Information Commissioner or any Information
Commissioner, as the case may be, ought on such ground
be removed. |
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(2) |
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The
President may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry,
the Chief Information Commissioner or Information
Commissioner in respect of whom a reference has been
made to the Supreme Court under sub-section (1) until
the President has passed orders on receipt of the
report of the Supreme Court on such reference. |
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(3) |
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Notwithstanding
anything contained in sub-section (1), the President
may by order remove from office the Chief Information
Commissioner or any Information Commissioner if the
Chief Information Commissioner or a Information Commissioner,
as the case may be,— |
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(a) |
is
adjudged an insolvent; or |
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(b) |
has
been convicted of an offence which, in the opinion
of the President, involves moral turpitude; or |
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(c) |
engages
during his term of office in any paid employment outside
the duties of his office; or |
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(d) |
is,
in the opinion of the President, unfit to continue
in office by reason of infirmity of mind or body;
or |
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(e) |
has
acquired such financial or other interest as is likely
to affect prejudicially his functions as the Chief
Information Commissioner or a Information Commissioner. |
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(4) |
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If
the Chief Information Commissioner or a Information
Commissioner in any way, concerned or interested in
any contract or agreement made by or on behalf of
the Government of India or participates in any way
in the profit thereof or in any benefit or emolument
arising there from otherwise than as a member and
in common with the other members of an incorporated
company, he shall, for the purposes of sub-section
(1), be deemed to be guilty of misbehavior. |
