Right to Information Act, 2005

Section 16 RTI Act: Term of Office and Service Conditions of State Information Commissioners

Section 16 of the Right to Information Act, 2005 regulates the tenure, age limit, oath, resignation, salaries, allowances and service conditions of the State Chief Information Commissioner (SCIC) and State Information Commissioners (SICs). The provision must be read with the Right to Information (Amendment) Act, 2019 and 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.

ContentsTerm and age limit Appointment, oath and resignation Salary and service conditions Staff and administration 2019 amendment and earlier law Official sources

Section 16(1) and (2): tenure of State Information Commissioners

State Chief Information Commissioner (Section 16(1)). The State Chief Information Commissioner holds office for the term prescribed by the Central Government and is not eligible for reappointment as State Chief Information Commissioner. The statutory upper age limit is 65 years.

State Information Commissioner (Section 16(2)). A State Information Commissioner holds office for the term prescribed by the Central Government, or until attaining 65 years, whichever is earlier, and is not eligible for reappointment as a State Information Commissioner. On vacating office, a State Information Commissioner may be appointed State Chief Information Commissioner through the appointment process in Section 15(3), subject to the statutory aggregate-tenure limitation.

Under Rule 3 of the 2019 Rules, the prescribed term is three years from entering office, subject to the Act's age limit and applicable provisions. The term is therefore not the five-year term stated in the original, unamended text. The aggregate period as a State Information Commissioner and State Chief Information Commissioner is subject to the limit in the proviso to Section 16(2).

Section 16(3) and (4): oath, resignation and removal

Oath or affirmation

Before assuming office, the State Chief Information Commissioner or State Information Commissioner must make and subscribe an oath or affirmation before the Governor, or another person appointed by the Governor, in the form specified in the First Schedule to the RTI Act.

Resignation and removal

A Commissioner may resign at any time by a signed communication addressed to the Governor. Removal is governed separately by Section 17; resignation and removal are different legal processes.

Section 16(5): salary, allowances and service conditions

The 2019 amendment replaced the earlier statutory salary-equivalence formulas with a provision authorising the Central Government to prescribe the salaries, allowances and other terms and conditions of service. The 2019 Rules set out remuneration and service conditions for the State Chief Information Commissioner and State Information Commissioners, including provisions concerning pension and retirement benefits where applicable.

Under the 2019 Rules, the monthly pay specified for the State Chief Information Commissioner is Rs. 2,25,000 and for a State Information Commissioner is Rs. 2,25,000, subject to applicable rules and subsequent valid amendments. The Act protects Commissioners appointed before commencement of the 2019 amendment from disadvantageous changes to their existing terms and conditions of service.

Section 16(6): staff and administrative support

The State Government must provide the State Chief Information Commissioner and State Information Commissioners with the officers and employees necessary to discharge their functions effectively. The salary, allowances and terms and conditions of such staff are governed by the applicable prescribed rules. This duty is distinct from the Central Government's rule-making power over the Commissioners' own service conditions.

What changed in 2019?

The original Section 16 provided a five-year term (subject to the 65-year age limit) and linked the State Chief Information Commissioner's salary to that of an Election Commissioner and the State Information Commissioner's salary to that of the State Chief Secretary. These are historical provisions, not the general current framework. The Right to Information (Amendment) Act, 2019 shifted tenure and salary specifications to Central Government rules. For any appointment, also examine the law and rules in force on the relevant appointment date and any transitional protection.

Related provisions

Section 15: constitution, composition, selection committee and appointment of State Information Commissions.
Section 17: removal and suspension of the State Chief Information Commissioner or State Information Commissioner.
Section 18: powers and functions of Information Commissions.
Section 19: appeal mechanism.

Official legislation and resources

India Code - Right to Information Act, 2005, as amended, and the Right to Information (Amendment) Act, 2019.
Department of Personnel and Training - RTI Rules, 2019 and official notifications.
Central Information Commission - RTI legislation and related information.
RTI Online - applications and first appeals concerning participating Central Government public authorities.

For a specific office-holder, verify the appointment notification, relevant amendments and the applicable rules. This article describes the general statutory framework and is not a substitute for the official legal text.