Section 13 RTI Act: Term of office and conditions of service
Right to Information Act, 2005
Section 13 RTI Act at a Glance
Section 13 RTI Act governs the tenure, age cap of 65 years, oath, resignation, and service conditions of the Chief Information Commissioner and Information Commissioners. The Central Government prescribes their term and pay, and reappointment to the same post is barred.
Section 13 RTI Act Bare Act Text
13. Term of office and conditions of service.
(1) The 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 Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
(2) Every 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 Information Commissioner:
Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President 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 Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:
Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.
(5) The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the 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 Chief Information Commissioner or the Information Commissioners shall not be varied to their disadvantage after their appointment:
Provided further that the Chief Information Commissioner and the Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 (24 of 2019) shall continue to be governed by the provisions of this Act and the rules made thereunder as if the Right to Information (Amendment) Act, 2019 (24 of 2019) had not come into force.
(6) The Central Government shall provide the Chief Information Commissioner and the 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.
Amendments to this section
- Subs. by Act 24 of 2019, s. 2, for "for a term of five years from the date on which he enters upon his office" (w.e.f. 24-102019).
- Subs. by s. 2, ibid., for sub-section (5) (w.e.f. 24-10-2019).
Section 13 RTI Act in Simple Words
Section 13 RTI Act sets the term of office, upper age limit, oath, resignation rule, salaries, and service conditions for the Chief Information Commissioner and Information Commissioners of the Central Information Commission. Under Section 13(1) RTI Act, the Chief Information Commissioner holds office for such term as the Central Government may prescribe and is not eligible for reappointment. Under the proviso to Section 13(1) RTI Act, no Chief Information Commissioner may hold office as such after attaining the age of 65 years.
Under Section 13(2) RTI Act, every Information Commissioner holds office for such term as the Central Government may prescribe or until attaining the age of 65 years, whichever is earlier, and is not eligible for reappointment as an Information Commissioner. Under the first proviso to Section 13(2) RTI Act, on vacating office under Section 13(2) RTI Act, every Information Commissioner is eligible for appointment as the Chief Information Commissioner in the manner specified in Section 12(3) RTI Act. Under the second proviso to Section 13(2) RTI Act, where an Information Commissioner is appointed as the Chief Information Commissioner, the term of office must not exceed 5 years in aggregate across both posts.
Under Section 13(3) RTI Act, before entering upon office, the Chief Information Commissioner or an Information Commissioner must make and subscribe an oath or affirmation in the form set out in the First Schedule before the President or another person appointed by the President for that purpose. Under Section 13(4) RTI Act, the Chief Information Commissioner or an Information Commissioner may resign at any time by a signed written letter addressed to the President, and under the proviso to Section 13(4) RTI Act, may be removed in the manner specified under Section 14 RTI Act.
Under Section 13(5) RTI Act, the salaries and allowances payable to, and other terms and conditions of service of, the Chief Information Commissioner and the Information Commissioners are such as the Central Government may prescribe. Under the first proviso to Section 13(5) RTI Act, those salaries, allowances, and other conditions of service must not be varied to their disadvantage after their appointment. Under the second proviso to Section 13(5) RTI Act, the Chief Information Commissioner and Information Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 (Act 24 of 2019) continue to be governed by the provisions of the RTI Act and the rules made under it as if that 2019 Amendment Act had not come into force. Under Section 13(6) RTI Act, the Central Government must provide the officers and employees necessary for the efficient performance of the Commission's functions, on such salaries, allowances, and service conditions as may be prescribed. Section 13 RTI Act, including the substitution of Section 13(5) RTI Act, was amended by Act 24 of 2019 with effect from 24 October 2019.
When Section 13 RTI Act Applies
- The Chief Information Commissioner and Information Commissioners hold office for such term as the Central Government prescribes, subject to an upper age limit of 65 years.
- Neither the Chief Information Commissioner nor an Information Commissioner is eligible for reappointment to the same post.
- An Information Commissioner vacating office under Section 13(2) RTI Act is eligible for appointment as Chief Information Commissioner under Section 12(3) RTI Act, subject to a combined cap of 5 years across both posts.
- Before entering office, each appointee must make and subscribe an oath or affirmation in the First Schedule form before the President or a person appointed by the President.
- An appointee may resign at any time by signed writing addressed to the President, or may be removed in the manner specified under Section 14 RTI Act.
- Salaries, allowances, and service conditions are prescribed by the Central Government, cannot be varied to an appointee's disadvantage after appointment, and appointees from before the Right to Information (Amendment) Act, 2019 continue as if that Act had not come into force.
Example of Section 13 RTI Act
When Section 13 RTI Act Does Not Apply
- Under the provisos to Sections 13(1) and 13(2) RTI Act, neither the Chief Information Commissioner nor an Information Commissioner may hold office after attaining the age of 65 years.
- Under Sections 13(1) and 13(2) RTI Act, the Chief Information Commissioner is not eligible for reappointment, and an Information Commissioner is not eligible for reappointment as an Information Commissioner.
- Under the first proviso to Section 13(5) RTI Act, the salaries, allowances, and other conditions of service of the Chief Information Commissioner or Information Commissioners cannot be varied to their disadvantage after appointment.
- Under the second proviso to Section 13(5) RTI Act, the Right to Information (Amendment) Act, 2019 does not apply to a Chief Information Commissioner or Information Commissioner appointed before its commencement.
FAQs on Section 13 RTI Act
What is Section 13 RTI Act?▼
Section 13 RTI Act governs the term of office, age limit of 65 years, oath, resignation, and salaries and service conditions of the Chief Information Commissioner and Information Commissioners. It leaves their exact tenure and pay to be prescribed by the Central Government while barring reappointment to the same post and disallowing disadvantageous changes after appointment.
What is the term of office and maximum age under Section 13 RTI Act?▼
Such term as the Central Government prescribes, up to the age of 65 years. Under Sections 13(1) and 13(2) RTI Act, neither the Chief Information Commissioner nor an Information Commissioner can hold office after attaining 65 years.
Can an Information Commissioner be appointed as the Chief Information Commissioner under Section 13(2) RTI Act?▼
Yes. Although Section 13(2) RTI Act bars reappointment as an Information Commissioner, its first proviso makes an outgoing Information Commissioner eligible for appointment as Chief Information Commissioner through the Section 12(3) RTI Act process. Under the second proviso, the combined term across both posts cannot exceed 5 years in aggregate.
Can the salary or service conditions of a Commissioner be changed to a disadvantage after appointment?▼
No. Under the first proviso to Section 13(5) RTI Act, the salaries, allowances, and other conditions of service of the Chief Information Commissioner or the Information Commissioners must not be varied to their disadvantage after their appointment.
How does a Chief Information Commissioner or Information Commissioner resign under Section 13(4) RTI Act?▼
By a signed written letter addressed to the President. Under Section 13(4) RTI Act, the Chief Information Commissioner or an Information Commissioner may submit this resignation at any time.
Does the Right to Information (Amendment) Act, 2019 apply to Commissioners appointed before it came into force?▼
No. Under the second proviso to Section 13(5) RTI Act, a Chief Information Commissioner or Information Commissioner appointed before the commencement of the Right to Information (Amendment) Act, 2019 continues to be governed by the RTI Act and rules as if that 2019 Amendment Act had not come into force.
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Sources: Bare Act Text, Right to Information Act, 2005 ·