Agriculture Department,

Uttar Pradesh

Pardarshi Kisan Seva Yojna,

Kisan ka Adhikar Kisan ke Dwaar

Act-2005

14. Removal of Chief Information Commissioner or Information Commissioner
  1. Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.
  2. The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (I) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
  3. Notwithstanding anything contained in sub-section (I), the President may be order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be.-
    1. Is adjudged an insolvent; or
    2. Has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
    3. Engages during his term of office in any paid employment outside the duties of his office; or
    4. Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
    5. Has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or an Information Commissioner.
  4. If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (I), be deemed to be guilty of misbehavior.

Chapter 4

Central Information Commission
Constitution of State Information Commission
15.
  1. Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the .......... (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
  2. The State Information Commission shall consist of-
    1. The State Chief Information Commissioner, and
    2. Such number of State Information Commissioner, not exceeding ten, as may be deemed necessary.
  3. The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of-
    1. The Chief Minister, who shall be the Chairperson of the committee;
    2. The leader of Opposition in the Legislative Assembly; and
    3. A Cabinet Minister to be nominated by the Chief Minister.
    Explanation
  4. For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.
  5. The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.
  6. The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
  7. The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any poetical party or carrying on any business or pursuing any profession.
  8. The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish officers at other places in the State.