Pursuant to the RTI Amendment Act, 2019 dated 1.8.2019 amending the provisions related to the term, salary and other conditions of service of Central and State Information Commissioners in the RTI Act, 2005, the Department of Personnel and Training has notified the Rules in this regard on 24.10.2019 (RTI Rules 2019).
When the RTI Amendment Act, 2019 was placed before the parliament in a BIll form, the opposition had criticized it stating that the RTI Amendment Bill will have implications on the functioning of the Information Commissions.
The salient provisions of the RTI Rules 2019 are as under:
| Provision | Central Chief Information Commissioners | State Information Commissioners |
| Term of office (Rule 3 and 12) | 3 years from the date of joining | 3 years from the date of joining |
| Retirement from parent service on appointment (Rule 4 and 13) | A Central/State Government employee will be deemed to have retired on the date of his appointment as Chief Information Commissioner /Information Commissioner in the CIC | A Central/State Government employee will be deemed to have retired on the date of his appointment as State Chief Information Commissioner /State Information Commissioner in the SIC |
| Pay (Rule 5 and 14) | (i)Chief Information Commissioner- Rs. 2,50,000 (fixed) per month (ii) Information Commissioner- Rs. 2,25,000 (fixed) per month | (i)State Chief Information Commissioner- Rs. 2,25,000 (fixed) per month (ii)State Information Commissioner- Rs. 2,25,000 (fixed) per month |
| Pension/Retirement Benefits (Rule 5 and 14) | Pay shall be reduced to an amount equal to any pension/ retirement benefits being availed. | Pay shall be reduced to an amount equal to any pension/ retirement benefits being availed. |
| Rate of Dearness Allowance (Rule 6 and 15) | To be same as that admissible to a Central Government officer holding a post carrying the same pay. | To be same as that admissible to a State Government officer holding a post carrying the same pay. |
| Number of Leaves (Rule 7 and 16) | Same as available to a Central Government officer holding a post carrying the same pay. | Same as available to a State Government officer holding a post carrying the same pay. |
| Competent Authority for Sanctioning of Leave (Rule 7 and 16) | (i)President of India in case of the Chief Information Commissioner (ii)Chief Information Commissioner in case of Information Commissioner | (i)Governor in case of State Chief Information Commissioner (ii)State Chief Information Commissioner in case of State Information Commissioner |
| Cash Payment in lieu of unutilised Earned Leave (EL) (Rule 8 and 17) | Chief Information Commissioner/Information Commissioner will be entitled to encashment of 50% of earned leave to his credit at the time of completion of tenure. For an ex Central/State Government employee appointed as Chief Information Commissioner/Information Commissioner the aggregate period for encashment of unutilised earned leave will be same as the maximum available to Central/State Government officer holding a post carrying the same pay. | State Chief Information Commissioner/State Information Commissioner will be entitled to encashment of 50% of earned leave to his credit at the time of completion of tenure. For an ex Central/State Government employee appointed as State Chief Information Commissioner/State Information Commissioner the aggregate period for encashment of unutilised earned leave will be same as the maximum available to Central/State Governmentofficer holding a post carrying the same pay. |
| Medical Facilities (Rule 9 and 18) | As per the Central Government Health Scheme (CGHS). Where CGHS is not in operation, then as per the Central Service (Medical Attendance) Rules, 1944 | As per the Central Government Health Scheme (CGHS). Where CGHS is not in operation, then as per the Central Service (Medical Attendance) Rules, 1944 |
| Accommodation (Rule 10 and 19) | General pool accommodation of the type as per the terms admissible to an officer holdinga post carrying the same pay in the CentralGovernment. Where accommodation not provided/availed, House Rent Allowance may be provided at the rate admissible to an officer holding a post carrying the same pay in the Central Government. | General pool accommodation of the type as per the terms admissible to an officer holding a post carrying the same pay in the State Government. Where accommodation not provided/availed, House Rent Allowance may beprovided at the rate admissible to an officer holding a post carrying the same pay in the State Government. |
| Leave Travel Concession, Travelling Allowance,Daily Allowance (Rule 11 and 20) | As admissible to an officer holding a post carrying the same pay in the Central Government | As admissible to an officer holding a post carrying the same pay in the State Government |
| Residuary Provision (Rule 21) | Where no express provisions exist in respect of conditions of service of a Central/State Information Commissioner, the matter is to be referred to the Central Government, whose decision will be binding. | Ditto |
| Power to Relax (Rule 22) | Central Government will have the powers to relax these Rules in respect of any class or category of persons | Ditto |
| Interpretation of Rules (Rule 23) | Questions on the interpretation of the Rules will be referred to the Central Government | Ditto |
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