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12.
Constitution of Central Information
Commission |
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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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13 |
Term of office and conditions of
service |
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(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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14 |
Removal of Chief Information
Commissioner or Information
Commissioner |
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(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. |
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