15.  (1)  Every  State  Government  shall,  by  notification  in  the  Official  Gazette, constitute a body to be known as the ......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The State Information Commission shall consist of

(a)   the State Chief Information Commissioner, and

(b)   such number of  State Information  Commissioners, not exceeding  ten,  as may be deemed necessary.

(3)   The   State   Chief   Information   Commissioner   and   the   State   Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of

(i)   the Chief Minister, who shall be the Chairperson of the committee;

(ii)  the Leader of Opposition in the Legislative Assembly; and

(iii) a Cabinet Minister to be nominated by the Chief Minister

Explanation. - For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader  of the single largest group in opposition  of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

(4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things  which may be exercised  or  done by the State Information Commission autonomously  without  being  subjected to  directions by any other authority under this Act.

(5)   The   State   Chief   Information   Commissioner   and   the   State   Information Commissioners shall be persons of eminence in public  life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

(6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any  other office  of profit  or connected  with any political party or carrying on any business or pursuing any profession.

(7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the  State  Information  Commission  may,  with  the   previous  approval   of  the   State Government, establish offices at other places in the State.

Term of office and conditions of service.

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:

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 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:

Provided that  every  State Information Commissioner  shall,  on vacating his office under  this  sub-section,   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

(a)    the State Chief Information Commissioner shall be the same as that of an Election Commissioner;

(b)   the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:

Provided that  if the State Chief  Information Commissioner  or a  State Information Commissioner, at the time of his appointment is, in receipt of a  pension, other than  a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of  pension which  was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:

Provided  further that where  the State Chief Information Commissioner or a State Information Commissioner if, at  the time  of  his appointment  is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established  by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the  State Government, his salary in respect of the service as the State Chief Information Commissioner  or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:

Provided also 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.

(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.

Removal of State Chief Information Commissioner or State Information Commissioner

17.  (1) Subject to the  provisions of sub-section  (3), the State Chief  Information Commissioner or a State Information Commissioner shall be removed from his office only by order  of the Governor on the ground of proved misbehaviour  or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.

(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner  if  a  State   Chief  Information  Commissioner  or  a   State  Information Commissioner, as the case may be,

(a)   is adjudged an insolvent; or

(b)   has been convicted of an offence  which, in the  opinion of the  Governor, involves moral turpitude; or

(c)   engages during his term of office in any paid employment outside the duties of his office; or

(d)   is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or

(e)   has acquired such financial or other interest as is likely to affect prejudicially his  functions  as  the  State  Chief  Information  Commissioner  or  a  State Information Commissioner.

(4) If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or  participates in any  way in the profit thereof  or in  any benefit or emoluments arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.