Right to Information Act, 2005 | Central Information Commission

Section 13 of the RTI Act: Term of Office and Conditions of Service of the CIC

Section 13 of the Right to Information Act, 2005 governs the tenure, oath, resignation, remuneration and staffing arrangements of the Chief Information Commissioner (CIC) and Central Information Commissioners (ICs). Its provisions were materially amended by the Right to Information (Amendment) Act, 2019; the original five-year tenure and Election Commission-linked pay provisions in older reproductions must not be treated as the current text.

Section 13(1) and 13(2): Tenure and age limit

Under Section 13(1), the Chief Information Commissioner holds office for such term as may be prescribed by the Central Government and is not eligible for reappointment as Chief Information Commissioner. No Chief Information Commissioner may hold office after attaining 65 years of age.

Under Section 13(2), an Information Commissioner holds office for the prescribed term or until attaining 65 years of age, whichever is earlier, and is not eligible for reappointment as an Information Commissioner. The Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners, State Chief Information Commissioner and State Information Commissioners) Rules, 2019 prescribe a three-year term, subject to the statutory age limit and other applicable provisions.

Important legal update: The 2019 amendment replaced the earlier fixed statutory five-year tenure with a term prescribed by the Central Government. The statutory retirement age of 65 years continues to apply.

Information Commissioner appointed as Chief Information Commissioner

The provisos to Section 13(2) allow an Information Commissioner, on vacating that office, to be appointed Chief Information Commissioner following the selection and appointment procedure under Section 12(3). In such a case, the combined tenure as Information Commissioner and Chief Information Commissioner must not exceed five years in the aggregate. The prescribed term and the 65-year age ceiling must also be observed.

Section 13(3) and 13(4): Oath, resignation and removal

Before entering office, the Chief Information Commissioner or an Information Commissioner must make and subscribe an oath or affirmation before the President of India, or a person appointed by the President, in the form specified in the First Schedule to the RTI Act.

Either officeholder may resign by a written communication addressed to the President. Removal is governed separately by Section 14 of the RTI Act, including its statutory grounds and safeguards.

Section 13(5): Salaries, allowances and service conditions

As amended in 2019, Section 13(5) provides that the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and Information Commissioners are as prescribed by the Central Government. The former statutory equivalence to the Chief Election Commissioner and Election Commissioners was removed by the amendment.

The 2019 service rules set out the applicable remuneration and related conditions, including provisions for persons drawing certain pensions or retirement benefits. The statute protects serving appointees against variation of salaries, allowances and other conditions of service to their disadvantage after appointment. For any particular appointment or payment, consult the latest applicable rule, notification and appointment terms.

Section 13(6): Officers and employees

The Central Government must provide the Chief Information Commissioner and Information Commissioners with officers and employees necessary for efficient performance of their functions. Their salaries, allowances and other service conditions are prescribed under the applicable rules.

How Section 13 relates to other RTI provisions

Section 12 establishes the Central Information Commission and regulates appointments. Section 14 addresses removal from office. Section 13 addresses tenure and service conditions and should be read together with the 2019 amendment and rules.

Official legislation and resources

This article explains the law as amended and the relevant service rules. For exact terms applicable to an officeholder, check the latest notified rules and appointment order.