Section 16 of RTI Act : Section 16: Term Of Office And Conditions Of Service

Bare Act

(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 thereunder 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.

Simplified Act

(1) The head of the state's information office (State Chief Information Commissioner) will serve for a period defined by the national government. This person cannot be reappointed and must retire at the age of 65.

(2) Other state information officers (State Information Commissioners) will also serve for a term set by the national government or until they turn 65, whichever comes first. They can't be reappointed to the same position, but they can become the head of the state's information office. If they do, their total time in both positions can't exceed five years.

(3) Before starting their job, both the head and other officers of the state's information office must take an official oath as outlined in the law.

(4) They can resign at any time by writing to the state's leader (Gove...

Explanation using Example

Imagine a scenario where Mrs. Anjali has been appointed as the State Chief Information Commissioner of a state in India. According to Section 16(1) of The Right to Information Act, 2005, her term of office is determined by regulations set by the Central Government. However, regardless of the prescribed term, she cannot continue in her position after reaching the age of sixty-five.

Mr. Raj, a State Information Commissioner, has served for three years and is now 64 years old. As per Section 16(2), he can serve only until he is sixty-five or the term prescribed by the Central Government, whichever comes first. If he is later appointed as the State Chief Information Commissioner, his total tenure between both positions cannot exceed five years.

Before Mrs. Anjali begins her duties, she must take an oath of office as mandated by Section 16(3), which is administered by the Governor or an appointee of the Governor.

If Mrs. Anjali decides to resign before her term ends, she must submit her resignation in writing to the Governor as s...