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;
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(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister 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
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.
16. Term of office and conditions of service.—(1) The State Chief Information Commissioner shall
hold office 1
[for such term as may be prescribed by the Central Government] 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 1
[for such term as may be prescribed by
the Central Government] 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 subsection, 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.
1. Subs. by Act 24 of 2019, s. 3, for, “for a term of five years from the date on which he enters upon his office”(w.e.f. 24-10-
2019).
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[(5) The salaries and allowances payable to and other terms and conditions of service of the State
Chief Information Commissioner and the State Information Commissioners shall be such as may be
prescribed by the Central Government:
Provided 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:
Provided further that the State Chief Information Commissioner and the State Information
Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019
shall continue to be governed by the provisions of this Act and the rules made there under as if the Right
to Information (Amendment) Act, 2019 had not come into force.]
(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.
17. Removal of State Chief Information Commissioner or State Information Commissioner.—
(1) 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.
(2) 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.
(3) 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.
(4) 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.