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

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 stated in Section 16(4). Additionally, she can be removed from her position but only according to the process outlined in Section 17 of the Act.

The salaries, allowances, and other conditions of service for Mrs. Anjali and Mr. Raj are prescribed by the Central Government and cannot be reduced after their appointments, as per Section 16(5). This ensures that their compensation and service terms are protected during their tenure.

Lastly, to assist Mrs. Anjali and Mr. Raj in performing their duties effectively, the state government must provide them with the necessary staff and resources, as described in Section 16(6). The terms for the staff will also be set by the Central Government.