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(1) |
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Every
State Government shall, by notification in the Official
Gazette, constitute a body to be known as the .........
(name of the State) 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
State Information Commission shall consist of— |
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(a) |
the
State Chief Information Commissioner, and |
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(b) |
such
number of State Information Commissioners, not exceeding
ten, as may be deemed necessary. |
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(3) |
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The
State Chief Information Commissioner and the State
Information Commissioners shall be appointed by the
Governor on the recommendation of a committee consisting
of— |
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(i) |
the
Chief Minister, who shall be the Chairperson of the
committee; |
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(ii) |
the
Leader of Opposition in the Legislative Assembly;
and |
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(iii) |
a
Cabinet Ministrer to be nominated by the Chief 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 Legislative
Assembly has not been recognised as such, the Leader
of the single largest group in opposition of the Government
in the Legislative Assembly 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 State Information Commission
shall vest in the State Chief Information Commissioner
who shall be assisted by the State Information Commissioners
and may exercise all such powers and do all such acts
and things which may be exercised or done by the State
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
State Chief Information Commissioner and the State
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
State Chief Information Commissioner or a State 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 State Information Commission shall
be at such place in the State as the State Government
may, by notification in the Official Gazette, specify
and the State Information Commission may, with the
previous approval of the State Government, establish
offices at other places in the State. |
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Terms
of office and conditions of service |
| 16 |
(1) |
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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: |
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Provided
that no State 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
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: |
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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: |
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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. |
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(3) |
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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. |
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(4) |
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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: |
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Provided
that the State Chief Information Commissioner or a
State Information Commissioner may be removed in the
manner specified under section 17. |
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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
State Chief Information Commissioner shall be the
same as that of an Election Commissioner; |
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(b) |
the
State Information Commissioner shall be the same as
that of the Chief Secretary to the State Government: |
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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: |
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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: |
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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. |
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(6) |
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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. |
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Removal
of State Chief Information Commissioner or State Information
Commissioner |
| 17 |
(1) |
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Subject
to the provisions of sub-section (3), the State Chief
Information Commissioner or a State Information Commissioner
shall be removed from his office only by order of
the Governor on the ground of proved misbehaviour
or incapacity after the Supreme Court, on a reference
made to it by the Governor, has on inquiry, reported
that the State Chief Information Commissioner or a
State Information Commissioner, as the case may be,
ought on such ground be removed. |
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(2) |
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The
Governor may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry,
the State Chief Information Commissioner or a State
Information Commissioner in respect of whom a reference
has been made to the Supreme Court under sub-section
(1) until the Governor 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 Governor
may by order remove from office the State Chief Information
Commissioner or a State Information Commissioner if
a State Chief Information Commissioner or a State
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 Governor, 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 Governor, 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 State
Chief Information Commissioner or a State Information
Commissioner. |
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(4) |
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If
the State Chief Information Commissioner or a State
Information Commissioner in any way, concerned or
interested in any contract or agreement made by or
on behalf of the Government of the State or participates
in any way in the profit thereof or in any benefit
or emoluments arising therefrom 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 misbehaviour. |
