State Information Commissions

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Composition

 

  1. The State Information Commission shall consist of—
    • The State Chief Information Commissioner.
    • A number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
  2. The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—
  3. The Chief Minister, who shall be the Chairperson of the committee.
  4. The Leader of Opposition in the Legislative Assembly.
  5. A Cabinet Minister to be nominated by the Chief Minister.
  6. 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.
  7. 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.
  8. 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.

 

 

Tenure and Service Conditions

 

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:

  1. 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.
  3. Every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner.
  4. 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.
  5. 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.

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.

The salaries and allowances payable to and other terms and conditions of service of the State Chief Information Commissioner shall be the same as that of an Election Commissioner.

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.

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.

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.

The Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if:

  1. He is adjudged an insolvent
  2. He has been convicted of an offence which, in the opinion of the Governor
  3. He engages during his term of office in any paid employment outside the duties of his office;
  4. He is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body;
  5. He 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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