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State Information Commission

State Information Commission

“State Information Commission” means the State Informa­tion Commission constituted under sub-section (1) of section 15 of the RTI Act, 2005.

Constitution of State Information Commission

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 the Right to Information Act, 2005.

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.

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 Minister to be nominated by the Chief Minister.

For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognized 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.

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.

Note – “State Chief Information Commissioner” and “State Information Commissioner” mean the State Chief Information Com­missioner and the State Information Commissioner appointed under sub-section (3) of section 15;

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.

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.

Term of office and conditions of service

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.

No State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.

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:

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. 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.

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.

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. The State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.

Removal of State Chief Information Commissioner or State Informa­tion Commissioner

Subject to the provisions of section 17(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.

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.

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,—

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Governor, 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 Governor, unfit to continue in office by reason of infirmity of mind or body; or

(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.

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.

State Information Commission

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