NOTES ON RIGHT TO INFORMATION ACT, 2005
Section 14 in The Right To Information Act, 2005.
14. Removal of Chief Information Commissioner or Information Commissioner.—
(1) 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.
(2) 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.
(3) 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,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reasonof infirmity of mind or body; or
(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.
(4) If the Chief Information Commissioner or an Information Commissioner is, in any way, concerned or interested in any contract 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 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.
MEANING: -
· SECTION 14 OF THE RTI ACT, 2005 TALKS ABOUT THE REMOVAL OF INFORMATION COMMISSIONER OR DEPUTY INFORMATION COMMISSIONER.
· THE CHIEF INFORMATION COMMISSIONER OR THE INFORMATION COMMISIONER CAN BE REMOVED BY THE ORDER OF THE PRESIDENT IF ANY KIND OF MISBEHAVIOUR OR INCAPACITY IS FOUND ON THE PART OF THE CHIEF INFORMATION COMMISSIONER OR THE INFORMATION COMMISSIONER.
· THE PRESIDENT HA ALSO THE POWER TO SUSPEND THEM FROM THE OFFICE AND IF DEEM NECESSARY CAN ALSO PROHIBIT THEM FROM ATTENDING THE OFFICE DURING THE ENQUIRY PROCESS.
· THE PRESIDENT CAN REMOVE THE CHIEF INFPORMATION COMMISSIONER OR THE INFORMATION COMMISSIONER ON THE FOLLOWING GROUNDS: -
(1) IS ADJUDGED AN INSOLVENT;
(2) HAS BEEN CONVICTED OF AN OFFENCE;
(3) ENAGES DURING HIS TERM OF OFFICE IN ANY PAID EMPLOYMENT OUTSIDE THE DUTIES OF HIS OFFICE;
Section 15 in The Right To Information Act, 2005
15. Constitution of State Information Commission.—
(1) 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.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner; and
(b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
(3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Ministrer to be nominated by the Chief Minister. 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 the Opposition.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
MEANING: -
· SECTION 15 OF THE RIGHT TO INFORMATION ACT TALKS ABOUT THE CONSTITUTION OF STATE INFORMATION COMMISSION
· ALSO, IT IS MENTIONED UNDER THE CHAPTER IV OF THE RIGHT TO INFORMATION ACT, 2005.
· THE STATE INFORMATION COMMISSION SHALL CONSIST OF THE STATE CHIEF INFORMATION COMMISIONER AND SUCH NUMBERS OF STATE INFORMATION COMMISSIONERS MUST NOT EXCEED BY 10.
· THE STATE CHIEF INFORMATION COMMISIONER AND THE STATE INFORMATION COMMISIONERS SHALL BE APPPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF A COMMITTEE CONSISTING OF-----
(1) THE CHIEF MINISTER WHO WILL BE CONSIDERED AS THE LEADER OF THE OPPOSITION IN THE LEGISLATIVE ASSEMBLY;
(2) A CABINET MINISTER TO BE NOMINATED AS THE CHIEF MINISTER.
· ALL THE DIRECTION , MANAGEMENT, GENERAL SUPERINTENDANCE OF THE AFFAIRS OF THE STATE INFORMATION COMMISSION SHALL VEST IN THE STATE CHIEF INFORMATION COMMISSIONER.
· THE STATE CHIEF INFORMATION COMMISIONER OR A STATE INFORMATION COMMISIONER MUST NOT BE A MEMBER OF PARLIAMENT OR MEMBER OF THE LEGISLATURE OF ANY STATE OR UNION TERRITORY
Section 16 in The Right To Information Act, 2005
16. Term of office and conditions of service.—
(1) 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: Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty‑five years.
(2) 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: 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: 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.
(3) 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.
(4) 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: Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.
(5) The salaries and allowances payable to and other terms and conditions of service of—
(a) the State Chief Information Commissioner shall be the same as that of an Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government: 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: 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: 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.
(6) 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.
MEANING: -
· The state Chief Information Commissioner and the state Information Commissioner can hold the office for a time period of 5 years and after that they will have to vacate the office. Also, the maximum age for above mentioned position is up to 65 years of age.
The state Chief Information Commissioner or a state Information Commissioner may at any time, by writing under his hand addressed to the Governor, resign the office.
The state Chief Information Commissioner is same as an Election Commissioner, The state Information Commissioner is same as that of the Chief secretary to the State Government.
It is the duty of the State Government to provide the State Chief Information Commissioner and the State Information Commissioner with such officers and employees as may be necessary for the efficient performance of their function under this act, and the salaries and the allowances payable to and the terms and conditions of the service of the officers and the other employees appointed for the purpose of this act shall be such as may be prescribed.
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