Section 16 RTI Act: Term of office and conditions of service
Right to Information Act, 2005
Section 16 RTI Act at a Glance
Section 16 RTI Act sets the term of office, age limit of 65 years, oath, resignation, salary rules, and staff support for the State Chief Information Commissioner and State Information Commissioners. The Central Government prescribes their tenure and service conditions.
Section 16 RTI Act Bare Act Text
16. 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.
(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.
Amendments to this section
- 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. 24-102019).
- Subs. by Act 24 of 2019, s. 3, for sub-section (5), (w.e.f. 24-10-2019).
Section 16 RTI Act in Simple Words
Section 16 RTI Act governs the term of office, oath, resignation, service conditions, and staff support of the State Chief Information Commissioner and the State Information Commissioners. Under Section 16(1) RTI Act, the State Chief Information Commissioner holds office for the term prescribed by the Central Government and is not eligible for reappointment. A proviso bars any State Chief Information Commissioner from holding that office after reaching the age of 65 years. Under Section 16(2) RTI Act, every State Information Commissioner holds office for the term prescribed by the Central Government or until reaching the age of 65 years, whichever comes earlier, and cannot be reappointed as a State Information Commissioner. However, the first proviso makes a departing State Information Commissioner eligible for appointment as the State Chief Information Commissioner in the manner specified in Section 15(3) RTI Act, where the Governor appoints on the recommendation of a committee led by the Chief Minister. Under the second proviso, if a State Information Commissioner is appointed as the State Chief Information Commissioner, the combined tenure across both posts cannot be more than 5 years in aggregate (in total).
Under Section 16(3) RTI Act, before taking charge, the State Chief Information Commissioner or a State Information Commissioner must make and sign an oath or affirmation before the Governor, or before another person appointed by the Governor for that purpose, in the form set out in the First Schedule to the RTI Act. Under Section 16(4) RTI Act, the State Chief Information Commissioner or a State Information Commissioner may resign from office at any time by sending a signed written letter addressed to the Governor. A proviso states that a Commissioner may be removed in the manner specified under Section 17 RTI Act.
Under Section 16(5) RTI Act, the salaries, allowances, and other terms and conditions of service of the State Chief Information Commissioner and the State Information Commissioners are as prescribed by the Central Government. The first proviso bars any change to their salaries, allowances, or other conditions of service to their disadvantage after appointment. Under the second proviso, any State Chief Information Commissioner or State Information Commissioner appointed before the commencement of the Right to Information (Amendment) Act, 2019 continues to be governed by the RTI Act and the rules made under it as if the 2019 Amendment Act had not come into force. Act 24 of 2019 amended Section 16 RTI Act, including substituting Section 16(5) RTI Act, with effect from 24 October 2019.
Under Section 16(6) RTI Act, the State Government must provide the State Chief Information Commissioner and the State Information Commissioners with the officers and employees necessary for the efficient performance of their functions under the RTI Act. The salaries, allowances, and terms and conditions of service of the officers and other employees appointed for the RTI Act are such as may be prescribed.
When Section 16 RTI Act Applies
- Tenure and age limit: Both the State Chief Information Commissioner and every State Information Commissioner hold office for the term prescribed by the Central Government, subject to an upper age limit of 65 years (whichever is earlier for a State Information Commissioner).
- Reappointment bar and promotion cap: Neither Commissioner can be reappointed to the same post, though a departing State Information Commissioner is eligible for appointment as State Chief Information Commissioner under Section 15(3) RTI Act, up to a combined tenure of 5 years across both posts.
- Oath or affirmation: Before entering office, each Commissioner must make and subscribe an oath or affirmation before the Governor (or the Governor's appointee) in the form in the First Schedule.
- Resignation and removal: A Commissioner may resign at any time by a signed written letter addressed to the Governor, and may be removed in the manner specified under Section 17 RTI Act.
- Service conditions and pay protection: Salaries, allowances, and other service conditions are prescribed by the Central Government and cannot be varied to a Commissioner's disadvantage after appointment, while Commissioners appointed before the Right to Information (Amendment) Act, 2019 commenced continue under the earlier Act and rules.
- Commission staff: The State Government must provide necessary officers and employees, whose salaries, allowances, and service conditions are such as may be prescribed.
Example of Section 16 RTI Act
When Section 16 RTI Act Does Not Apply
- Commissioners appointed before the Right to Information (Amendment) Act, 2019 commenced: Under the second proviso to Section 16(5) RTI Act, those Commissioners continue to be governed by the RTI Act and rules as if the 2019 Amendment Act had not come into force.
- Holding office after 65 years of age: Under the proviso to Section 16(1) RTI Act and Section 16(2) RTI Act, no State Chief Information Commissioner or State Information Commissioner can hold office after attaining the age of 65 years.
- Reappointment to the same post or combined tenure past 5 years: Section 16(1) and Section 16(2) RTI Act bar reappointment to the same post, and the second proviso to Section 16(2) RTI Act bars a combined tenure of more than 5 years where a State Information Commissioner becomes State Chief Information Commissioner.
- Disadvantageous variation after appointment: Under the first proviso to Section 16(5) RTI Act, a Commissioner's salaries, allowances, and other conditions of service cannot be varied to the Commissioner's disadvantage after appointment.
FAQs on Section 16 RTI Act
What is Section 16 RTI Act?▼
Section 16 RTI Act lays down the term of office, age limit, oath, resignation procedure, service conditions, and staff support for the State Chief Information Commissioner and State Information Commissioners. Under Section 16 RTI Act, the Central Government prescribes their tenure and salaries, and no Commissioner can hold office past the age of 65 years.
Who prescribes the tenure and salaries of Commissioners under Section 16 RTI Act?▼
The Central Government. Under Section 16(1), Section 16(2), and Section 16(5) RTI Act, the Central Government prescribes the term of office, salaries, allowances, and other service conditions of the State Chief Information Commissioner and the State Information Commissioners. Commissioners appointed before the commencement of the Right to Information (Amendment) Act, 2019 continue under the earlier provisions and rules.
What is the age limit for holding office under Section 16 RTI Act?▼
65 years. Under the proviso to Section 16(1) RTI Act and Section 16(2) RTI Act, neither the State Chief Information Commissioner nor a State Information Commissioner can hold office after attaining the age of 65 years.
Can a State Information Commissioner be appointed as the State Chief Information Commissioner?▼
Yes. While Section 16(1) and Section 16(2) RTI Act bar reappointment to the same post, the first proviso to Section 16(2) RTI Act makes a departing State Information Commissioner eligible for appointment as the State Chief Information Commissioner under Section 15(3) RTI Act. Under the second proviso, the Commissioner's combined term across both posts cannot be more than 5 years.
To whom does a State Information Commissioner submit a resignation under Section 16 RTI Act?▼
The Governor. Under Section 16(4) RTI Act, the State Chief Information Commissioner or a State Information Commissioner may resign from office at any time by sending a signed written letter addressed to the Governor.
Can a Commissioner's salary be reduced after appointment under Section 16 RTI Act?▼
No. The first proviso to Section 16(5) RTI Act prohibits varying the salaries, allowances, and other conditions of service of the State Chief Information Commissioner or the State Information Commissioners to their disadvantage after appointment.
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Sources: Bare Act Text, Right to Information Act, 2005 ·