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15 |
Constitution of State Information
Commission |
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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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16 |
Term of office and conditions of service
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(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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17 |
Removal of State Chief Information
Commissioner or State Information
Commissioner |
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(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 there rom 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. |
