14
THE GAZETTER OF INDIA EXTRAORDINARY
[PART II—
shall before he enters upon his office make and subscribe before the Governor or some
other person appointed by him in that behalf, an oath or affirmation according to the form
set out for the purpose in the First Schedule.
(4) The State Chief Information Commissioner or a State Information Commissioner
may, at any time, by writing under his hand addressed to the Governor, resign from his
office:
Provided that the State Chief Information Commissioner or a State Information
Commissioner may be removed in the manner specified under section 17.
(5) The salaries and allowances payable to and other terms and conditions of service
of—
(a)
(b)
the State Chief Information Commissioner shall be the same as that of an
Election Commissioner;
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 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 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.
(6) The State Government shall provide the State Chief Information Commissioner and
the State Information Commissioners with such officers and employees as may be
necessary for the efficient performance of their functions under this Act, and the salaries
and allowances payable to and the terms and conditions of service of the officers and other
employees appointed for the purpose of this Act shall be such as may be prescribed.
17. (1) Subject to the provisions of sub-section (3), the State Chief Information
Commissioner or a State Information Commissioner shall be removed from his office only
by order of the Governor on the ground of proved misbehaviour or incapacity after the
Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the
State Chief Information Commissioner or a State Information Commissioner, as the case
may be, ought on such ground be removed.
(2) The Governor may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the State Chief Information Commissioner or a State
Information Commissioner in respect of whom a reference has been made to the Supreme
Court under sub-section (1) until the Governor has passed orders on receipt of the report of
Removal of State
Chief Information
Commissioner or
State Information
Commissioner
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