THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2019
· History:
Passed in Lok-Sabha on 22nd
July 2019
Passed in Rajya – Sabha on 25th
July 2019
President Assent on 01st
August. 2019
·
Applicability: with effect from 01st
August 2019.
·
Purpose: To amend the Right to
Information Act, 2005
The Right To Information (Amendment)
Act, 2019 is focused on the principle of ‘maximum governance, minimum
government’. The objective of bringing this amendment that this will help in
streamlining the RTI and assured that this will help to strengthen the RTI Act.
·
Analysis of Changes made
due to The Right To Information (Amendment) Act, 2019
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S. No.
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Section
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Erstwhile Provisions
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New Provision as per RTI Amendment
Act 2019
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Section 13:
Term of
office and conditions of service.
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13(1) The 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:
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(1) The Chief Information Commissioner shall hold office for
such term as may be prescribed by the Central Government and
shall not be eligible for
reappointment:
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2
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Section 13:
Term of
office and conditions of service.
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13(2) Every 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 Information
Commissioner:
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2) Every 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 Information
Commissioner:
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3
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Section 13:
Term of
office and conditions of service.
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13(5) (5) The salaries and allowances payable to and other
terms and conditions of service of—
(a) the Chief Information Commissioner shall be the same
as that of the Chief Election Commissioner;
(b) an Information Commissioner shall be the same as that
of an Election Commissioner:
Provided that if the Chief Information Commissioner or an
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 Chief Information Commissioner or an
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 if the Chief Information Commissioner
or an 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 Chief Information
Commissioner or an 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 Chief
Information Commissioner and the Information Commissioners
shall not be varied to their
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13(5) The salaries and allowances payable to and other
terms and conditions of service of the Chief Information Commissioner and the
Information Commissioners shall be such as may be prescribed by the Central
Government.
Provided that the salaries, allowances and other
conditions of service of the Chief Information Commissioner or the Information
Commissioners shall not be varied to their disadvantage after their
appointment.
Provided further that the Chief Information Commissioner
and the Information Commissioners appointed before the commencement of the
Right to
Information (Amendment) Act, 2019 shall continue to be
governed by the provisions of this Act and the rules made thereunder as if
the Right to Information
(Amendment) Act, 2019 had not come into force.
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4
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Section 16:
Term of
office and conditions of service.
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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:
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The State Chief Information Commissioner shall hold office
for such term as may be prescribed
by the Central Government" and shall not be eligible for
reappointment:
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5
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Section 16:
Term of
office and conditions of service.
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16(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:
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16(2) Every State Information Commissioner shall hold
office "for such term as may
be prescribed by the Central Government 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:
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6
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Section 16:
Term of
office and conditions of service.
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(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 Infonnation
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.
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"(5)
The salaries and allowances payable to and other terms and conditions of
service of the State Chief Information Commissioner and the State Information
Commissioners shall be such as may be prescribed by the Central Government.
Provided
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.
Provided
further that the State Chief Information Commissioner and the State
Information Commissioners appointed before the commencement of the Right to
Information (Amendment) Act, 2019 shall continue to be governed by the
provisions of this Act and the rules made there under as if the Right to
Information (Amendment) Act, 2019 had not come into force.
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7
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Section 27:
Power to make
rules by
appropriate
Government
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2 new Clause added – Clause (ca) and Clause (cb)
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Section 27(2) (ca) the term of office of the Chief
Information Commissioner and Information Commissioners under sub-sections (1)
and (2) of section 13 and the State Chief Information Commissioner and State
Information Commissioners under sub-sections (1) and (2) of section 16;
Section 27(2) (cb) the salaries, allowances and other terms
and conditions of service of the Chief Information Commissioner and the
Information Commissioners under sub-section (5) of section 13 and the State
Chief Information Commissioner and the State Information Commissioners under
sub-section (5) of section 16;".
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Source : http://egazette.nic.in/WriteReadData/2019/209696.pdf
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