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15 |
(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 Minister 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 |
(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 |
(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. |
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CHAPTER II ] [
CHAPTER III ] [
CHAPTER IV ]
[ CHAPTER V ] [
CHAPTER VI ] |
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