Term of Office and Conditions of Service of Information Commissioners and their Chiefs

 Article

Term of Office and Conditions of Service of Information Commissioners and their Chiefs

 In exercise of the powers conferred by clauses (ca) and (cb) of sub-section (2) of section 27 of Right to Information Act, 2005 (22 of 2005), the Central Government has formulated the term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission vide Notification G.S.R. 810(E)   dated the 24th October, 2019.

These rules are called “TheRight to Information (Term of Office, Salaries, Allowances and Other Terms andConditions of Service of Chief Information Commissioner, InformationCommissioners in the Central Information Commission, State Chief InformationCommissioner and State Information Commissioners in the State InformationCommission) Rules, 2019”. These have come into force w.e.f. the 24th October, 2019. The terms and conditions are as under: 

Term of office: The Chief Information Commissioner/Information Commissioner shall hold office for a period of three years from the date on which he enters upon his office. 

Retirement from parent service on appointment: The Chief Information Commissioner/ Information Commissioner who on the date of his appointment to the Commission, was in the service of the Central or a State Government, shall be deemed to have retired from such service with effect from the date of his appointment as Chief Information Commissioner or an Information Commissioner in the Central Information Commission. 

Pay:  The Chief Information Commissioner shall receive a pay of Rs. 2,50,000 (Rupees two lakh and fifty thousand)(fixed) per mensem. An Information Commissioner shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem. 

In case the Chief Information Commissioner/ Information Commissioner at the time of his appointment is, in receipt of any pension, the pay of such Chief Information Commissioner/ Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity. 

In case the Chief Information Commissioner/ Information Commissioner at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his pay in respect of the service as the Chief Information Commissioner/ Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits. 

Dearness Allowance: The Chief Information Commissioner/ Information Commissioner shall be entitled to draw dearness allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government, as revised from time to time. 

Leave: The Chief Information Commissioner/ Information Commissioner shall be entitled to rights of leave as per admissibility to an officer holding a post carrying the same pay in the Central Government, as revised from time to time. 

In case the Chief Information Commissioner, the competent authority to sanction the leave shall be the President of India and in case of the Information Commissioners, the Chief Information Commissioner shall be the competent authority. 

Cash Payment in lieu of unutilized Earned Leave: The Chief Information Commissioner/ Information Commissioner shall be entitled to encashment of fifty per cent of earned leave to his credit at the time of completion of tenure. However, for a Chief Information Commissioner/ Information Commissioner who had retired from the service of the Central or a State Government prior to appointment as a Chief Information Commissioner/ Information Commissioner the aggregate period for which the encashment of unutilized earned leave shall be entitled shall be subject to a maximum period as per admissibility to an officer holding a post carrying the same pay in the Central Government or the State Government, as the case may be, as revised from time to time.

Medical Facilities: The Chief Information Commissioner/ Information Commissioner shall be entitled to medical treatment and Hospital facilities as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation, the Chief Information Commissioner/ Information Commissioner shall be entitled to medical facilities as provided in the Central Service (Medical Attendance) Rules, 1944. 

Accommodation: The Chief Information Commissioner/ Information Commissioner shall be eligible subject to availability, to the use of official residence from the general pool accommodation of the type as admissible to an officer holding a post carrying the same pay in the Central Government on the payment of the license fee at the rates prescribed by Central Government from time to time. 

Where Chief Information Commissioner/ Information Commissioner is not provided with or does not avail himself of the general pool accommodation, he may be paid House Rent Allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government.

Leave Travel Concession, Travelling Allowance, Daily Allowance: The Chief Information Commissioner/ Information Commissioner shall be entitled to leave travel concession, travelling allowance and daily allowance as admissible to an officer holding a post carrying the same pay in the Central Government as far as may be, apply to the Chief Information Commissioner and Information Commissioner, as the case may be. 

TERM OF OFFICE, SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF THE STATE CHIEF INFORMATION COMMISSIONER AND STATE INFORMATION COMMISSIONERS IN THE STATE INFORMATION COMMISSION 

Term of office: The State Chief Information Commissioner/ State Information Commissioner shall hold office for a period of three years from the date on which he enters upon his office. 

Retirement from parent service on appointment: The State Chief Information Commissioner/ State Information Commissioner who on the date of his appointment to the Commission, was in the service of the Central or a State Government, shall be deemed to have retired from such service with effect from the date of his appointment as State Chief Information Commissioner and State Information Commissioner in the State Information Commission. 

Pay: The State Chief Information Commissioner shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem. The State Information Commissioner shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem. 

In case the State Chief Information Commissioner/ State Information Commissioner at the time of his appointment is, in receipt of any pension, the pay of such State Chief Information Commissioner/ State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity. 

In case the State Chief Information Commissioner/ State Information Commissioner at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner/ State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits. 

Dearness Allowance: The State Chief Information Commissioner/ State Information Commissioner shall be entitled to draw dearness allowance at the rate admissible to an officer holding a post carrying the same pay in the State Government, as revised from time to time. 

Leave: The State Chief Information Commissioner/ State Information Commissioner shall be entitled to rights of leave as per admissibility to an officer holding a post carrying the same pay in the State Government, as revised from time to time. 

In case of the State Chief Information Commissioner, the competent authority to sanction the leave shall be the Governor of the State and in case of the State Information Commissioners, the State Chief Information Commissioner shall be the competent authority. 

Cash Payment in lieu of unutilized Earned Leave: The State Chief Information Commissioner/ State Information Commissioner shall be entitled to encashment of fifty per cent of earned leave to his credit at the time of completion of tenure. However, a State Chief Information Commissioner/ State Information Commissioner who had retired from the service of the Central or a State Government prior to appointment as a State Chief Information Commissioner/ State Information Commissioner respectively, the aggregate period for which the encashment of unutilized earned leave shall be entitled shall be subject to a maximum period as per admissibility to an officer holding a post carrying the same pay in the Central Government or the State Government, as the case may be, as revised from time to time. 

Medical Facilities: The State Chief Information Commissioner/ State Information Commissioner shall be entitled to medical treatment and Hospital facilities as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation, the State Chief Information Commissioner and State Information Commissioner shall be entitled to medical facilities as provided in the Central Service (Medical Attendance) Rules, 1944 or such medical facilities provided by the State Government to an officer holding a post carrying the same pay in the State Government, as revised from time to time. 

Accommodation: The State Chief Information Commissioner/ State Information Commissioner shall be eligible subject to availability, to the use of official residence from the general pool accommodation of the type as admissible to an officer holding a post carrying the same pay in the State Government on the payment of the license fee at the rates prescribed by State Government from time to time. 

Where State Chief Information Commissioner/ State Information Commissioner is not provided with or does not avail himself of the general pool accommodation he may be paid House Rent Allowance at the rate admissible to an officer holding a post carrying the same pay in the State Government. 

Leave Travel Concession, Travelling Allowance, Daily Allowance: The State Chief Information Commissioner/ State Information Commissioner shall be entitled to leave travel concession, travelling allowance and daily allowance as admissible to an officer holding a post carrying the same pay in the State Government as far as may be, apply to the State Chief Information Commissioner or State Information Commissioners. 

Residuary Provision: The conditions of service of the Chief Information Commissioner or an Information Commissioners, State Chief Information Commissioner or State Information Commissioners for which no express provision has been made in these rules shall be referred in each case to the Central Government for its decisions and the decisions of the Central Government thereon shall be binding on the Chief Information Commissioner or an Information Commissioner of the Central Information Commission, State Chief Information Commissioner or State Information Commissioners of the State Information Commission. 

Power to relax: The Central Government has kept the power to relax the provisions of any of these rules in respect of any class or category of persons, with itself. 

Interpretation: If any question arises relating to the interpretation of any of the provisions of these rules, it shall have to be referred to the Central Government for decision.