The Right to Information (Amendment) Act, 2019; Bill receives President’s assent | Centre to decide ‘term’ & ‘salary’ payable to CIC, IC & State IC

The Right to Information (Amendment) Bill, 2019 received President of India’s assent on 01-08-2019.

The Right to Information (Amendment) Act, 2019 will come into force by amending the Right to Information Act, 2005.

Major Highlights of the bill are:

  • Term of Office of the Chief Information Commissioner, Information Commissioner and State Chief Information Commissioner will be prescribed by the Central Government.
  • Salaries and Allowances along with other terms and conditions of service will also be prescribed by the Central Government

Following are the amendments introduced under the Act:

Section RTI Act, 2005 RTI (Amendment) Act, 2019
Section 13(1)

The Chief Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” and shall not be eligible for reappointment

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.

Section 13(2)

Every Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner

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

Section 13(5)

Substitution of sub-section 5

“(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 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.”

Section 16 (1)

The State Chief Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” and shall not be eligible for reappointment.

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.

Section 16(2)

Every State Information Commissioner shall hold office “for a term of five years from the date on which he enters upon his office” 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

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

Section 16 (5) Sub-section (5) has been substituted

“(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.”

Section 27 Insertion of two new clauses, i.e.

  • (ca)
  • (cb)

(ca) the term of office of the Chief Information Commissioner and Information Commissioners under sub-sections (1) and (2) of Section 13 and the State Chief Information Commissioner and State Information Commissioners under sub-sections (1) and (2) of Section 16;

(cb) the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners under sub-section (5) of Section 13 and the State Chief Information Commissioner and the State Information Commissioners under sub-section (5) of Section 16;


Ministry of Law and Justice

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