Term of office and conditions of service
Section 16 of the Right to Information deals with term of office and conditions of service. 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.
(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 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. 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). 1[(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.
Section 16, The Right to Information (Act 22 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 16
What does Section 16 of the Right to Information deal with?
Section 16 of the Right to Information is headed "Term of office and conditions of service". 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.
How do I find court cases under Section 16 of the Right to Information?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Right Information 16, section 16 Right Information, section 16 of the Right to Information. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 16 of the Right to Information, and has it changed?
Its own text turns on section 15 (Constitution of State Information Commission), section 17 (Removal of State Chief Information Commissioner or State Information Commissioner), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Right to Information enacted?
Right to Information was enacted in 2005 as Act 22 of 2005. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 19. Appeal671 words
- 7. Disposal of request659 words
- 2. Definitions657 words
- 4. Obligations of public authorities648 words
- 8. Exemption from disclosure of information520 words
- 13. Term of office and conditions of service503 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/3cec86fc-2de6-4338-861c-33e8b4f3a426.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/7e4468ae-816e-4696-9711-e7e9c4235964/content). This page is not a substitute for legal advice.