Lok Sabha Question No. 3812 (UNSTARRED), answered on 2019-12-11
Subject: New Rules under RTI
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Vellalath Kochukrishnan Nair. Sreekandan

## GOVERNMENT OF NNDIA MINISTRY OF PERSONNEL; PUBLIC GRIEVANCES AND PENSIONS

## (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 3812 (TO BE ANSWERED ON 11.12.2019)

## NEW RULES UNDER RTI

## 3812. SHRI VK SREEKANDAN:

Will the PRIME MINISTER be pleased to state:

- whether the Government has notified new rules under the Right to Information Act (RTI);
- if so, the details thereof;
- whether the rules had been drafted in a reportedly  surreptitious manner  in  flagrant violation of the procedures laid down in the Pre-legislative Consultation of 2014; and Policy
- whether it is also true that the draft was not  available in the public domain and no consultations were held with members of public, if the details and the reasons therefor? SO,

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER 'S OFFICE (DR. JITENDRA SINGH)

(a) & (b): Yes sir. The Right to Information (Term of Office; Salaries; Allowances and Other Terms and Conditions of Service of Chief Information Commissioner; Information Commissioners in the Central Information Commission; State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019' is at Annexure I.

(c) & (d): The Right to Information (Term of Office,, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission; State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019' were made in pursuance of The RTI (Amendment) Act; 2019.

These Rules do not in any way affect the citizens' Right to Information or obligations of Public Authorities and Public Information Officers given in Chapter I[ ofthe RTI Act inter-alia The powers  and  functions of the Information Commissions stay undiluted as the relevant provisions under  Chapter Act remain unaltered\_ are the independence and autonomy of these institutions affected in any way.

The rules are of administrative nature and pertain to the internal administration of the concerned organization. do not involve any  social or  additional  financial implications which may have necessitated pre-legislative consultations outside the Government. The Department of Legal Affairs and Legislative Department have been duly consulted. They

## (Dcpartment o[ Personnel and Training) NOTFICATIOV

New Dclhi, the 24th October. 2019

the Acl;

## CHPATER I

## PRELLWINARY

- (2) shall come into force Gizetie. They
2. requires,
- (5) "Centril Information Commission shall have the section 2 of the Acl (b) Gf
1. Short title and ind Other Terms and Conditions of Service of Chief Infcrmation Ccmmissioner; State Chief Information Commissioner Commission) Rules , 2019.

## CHAPTER II

- (2) "Act" meins the Right lo Infomation Act; 2005 (22 of 2005);
2. (c) "Chicf Information Commissioncr and ~Inforiation Commissioncr' mcaning
- (2) ~Stale Informtion Commission scclion 2 of thc Azt
4. shall have Uie same Act;
- (2) The words and expressions used and not defined under these rules; but d-fined in the Act shall hzve

## CHAPTER

## PE:NSIOVS

- may
- Commissioncrs was in the service
- 5 fifty Lhousandj( Fixed) per mensen:
- An Information Conmissicner shzll receive (2)
- including any porlion of pension which wis
- Comoriion established Ey Or Information Cormissioncr Informution Commissioncrs; skill bc reduced by thc
6. Dearness Allowence-~The Chief Inlormalion Conmissioner or Information Commissioners, 25 Lhe Cise may pes: be, Iding from [ime
- holding
- the Chief Information Commissioner shall
- S. Cash Payment in [ieu of unutilised Chief Commissicner

17 ofiicer holding prior

9. Medical Facilities \_The Chief Information Commissioner and Information Commissioners, as the case may be; shall be entitled to medical treatment ad Hospital facilities as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation; the Chief Information Commissioner ad Information Commissioner shall be entitled to medical facilities as provided in the Central Service (Medical Attendance) Rules; 1944.
2. may be; shall be eligible subject to availability, to  the use accommodation of the type as admissible t0 an officer holding post carrying the same pay in the Central Government o the payment of the license fee at the rates prescribed by Central Govemment from time to time: pool
- (2) Where Chief Information Commissioner Or an Information Commissioner is not provided with Or does not himself of the general pool accommodation referred to in sub-rule (1), he may be House Rent Allowance at the rate admissible to an officer  holding post  carrying the same pay in the Central paid avail
11. Leave Travel Concession,  Travelling Allowance; Daily Allowance\_ The Chief Information Commissioner or Information Commissioners; aS the case may be, shall be entitled t0 leave travel concession; ~travelling allowance and daily allowance as admissible t0 an officer holding post carrying the same pay in the Central Govemment as far as may apply to the Chief Information Commissioner and Information be;

## CHAPTER IV

## TERM OF OFFICE, SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF

12. Term of office-~The State Chief Information Commissioner; or State Information Commissioners, aS the of three years the date on which he enters upon his office period from

13. Retirement from parent service 0n appointment:-~The State Chief Information Commissioner O State Information Commissioners; aS the case may be, who on the date of his appointment to the Commission; was in the service of the Central Or a State Goverment; shall be deemed to have retired such service with effect from the date of his appointment as State Chief Information Commissioner and State Information Commissioner in the State Information Commission\_ from
2. (Rupees two lakh and twenty five thousand) (fixed) per mensem
- (2) The State Information Commissioners shall receive a pay of Rs 2,25,000 (Rupees two lakh ad twenty five thousand) (fixed) per mensem:
- (3) In case the State Chief Information Commissioner and State Information Commissioners, aS the case may be Commissioner O State Information Commissioners, aS the case may 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. be,
- (4) In case the State Chief Information Commissioner and State Information Commissioners, aS the case may be, at the time of his appointment; is in of retirement benefits in respect of any previous service rendered in Corporation established by or under any Central Act or State Act Or Govemment company owned Or controlled by the Central Government O the State Government; his salary in respect of the service as the State Chief Information Commissioner and State Information Commissioners shall be reduced by the amount of pension equivalent to the Tetirement benefits. receipt
15. Dearness Allowance: The State Chief Information Commissioner and State Information Commissioners; aS the case may be; shall be entitled to draw dearness allowance at the rate admissible to an officer holding a post carTying the same pay in the State Government; as revised from time to time
16. Leave: ~(1) The State Chief Information Commissioner O State Information Commissioners, aS the case may be; shall be entitled to rights of leave a8 per admissibility to a officer holding a post carrying the same pay in the State Government; aS revised from time to time\_
- (2) In case of the State Chicf Information Commissioncr; be the Governor of the State and in case of the the competent authority to sanction the leave shall Commissioner shall be the State Information Commissioners, the Chief Information competent authority. State

Provided that State Chief Information Commissioner case may be, who had retired the service of or State Information Commissioners, as the State Chief Information the Central or a State Government to appointment Commissioner or State Information Commissioners as for which the encashment of unutilised earned leave shall respectively, the aggregate period per admissibility to an officer be entitled shall be subject (0 & maximum period as Government; a post carrying the same pay in the Central Government or the State from prior holding

17. Cash Payment in lieu of unutilized Earned Leave\_ State Information Commissioners, as the The State Chief Information Commissioner Or earned leave to case may be; shall be entitled to encashment of fifty credit at the time of completion of tenure: per cent. of his
18. Medical Facilities \_The State Chief Information Commissioner the case may be, shall be entitled to medical or State Information Commissioners, as Government Health Scheme and at the Stale Chief Information places where the Central Government Health Scheme is not in Commissioner and State Information Commissioners; aS tba operation, entitled t0 medical facilities as provided in the Central case may shall be medical facilities provided by the State Govemnment Service (Medical Attendance) Rules; 1944 o such State Government, &s revised from time to an officer post carrying the same pay in the t0 time\_ be, holding
3. as the case may be; shall be eligible subject to or State Information Commissioners, pool accommodation of the to the use of official residence from the general type as admissible to an officer Goverment on the payment of the license fee a posl carrying the same pay in the State at the rates prescribed by State Government from time to time holding
- (2) Where State Chief Information Commissioner not provided with or does not avail himself or State Information Commissioners, as the case may is may be paid House Rent Allowance at the rate admissible to an officer the State Government: a post carrying the same pay in be, holding
5. 20\_ Leave Travel Concession; Travelling Allowance; Commissioncr State Information Commissioners; Daily  Allowance. The State Chief Information concession, allowance and daily allowance as admissible to an officer same pay in the State Government as far a5 a post carrying the State Information Commissioners: may apply to the State Chief Information Commissioner Or travelling holding be,

## CHAPTER V

21. Residuary  Provision -The   conditions of service of the Chief Information Commissioner, State Chief Information Commissioner Information   Commissioner Or an which no express provision or State Information Commissioners for Government for its decisions ad the rules shall be referred in each case to the Central Chief Information decisions of the Central Government thereon shall be Commissioner O an Information Commissioner of on the State Chief   Information Commissioner the Central Information Commission; Commission. or State   Information Commissioner of the  State   Information binding
22. Power to relax--The Central Government shall have in respect of any class Or of power to relar the provisions of any of these rules persons category
23. Interpretation:-~If any question arises to thc interpretation of rules it shall be referred to the Central Government for any of the provisions of these decision. relating

[F: No\_ 1/5/2019-IR] LOK RANJAN, Addl Secy.

"