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12 |
(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 |
(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 |
(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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[
CHAPTER I ] [
CHAPTER II ] [
CHAPTER III ] [
CHAPTER IV ]
[ CHAPTER V ] [
CHAPTER VI ] |
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