Section 16 – THE RIGHT TO INFORMATION ACT, 2005

Term of office and conditions of service

(1) The State Chief Information Commissioner shall
hold office ‘[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 [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 of2019. s. 3. for. “for a term of five years from the date on which he enters upon his oftice”(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.

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