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act:section-13 [2026/04/20 19:16] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(section 13 rti act, term-office cic amendment-2019 service-conditions, rti india, rti act 2005)
 +metatag-description=(Section 13 of the Right to Information Act, 2005 — Term of Office and Conditions of Service (CIC). Section 13 was substantially substituted by the RTI (Amendment) Act, 2019. Earlier, a fixed 5-year term and Supreme Court Judge-equivalent salary. Now, the Central Government presc...)}}
 +
 +====== Section 13 — Term of Office and Conditions of Service (CIC) ======
 +
 +{{ :social:auto:act-section-13.png?direct&1200 |Section 13 of the RTI Act — Term of Office and Conditions of Service (CIC)}}
 +
 +<WRAP center round info 95%>
 +**In one line:** Section 13 was substantially substituted by the RTI (Amendment) Act, 2019. Earlier, a fixed 5-year term and Supreme Court Judge-equivalent salary. Now, the Central Government prescribes the term and conditions of service through rules.
 +</WRAP>
 +
 +===== Key points =====
 +
 +  * **13(1), (2), (5) substituted in 2019** — term and service conditions to be 'as may be prescribed by the Central Government'.
 +  * Current rules: RTI Rules, 2019 — term of 3 years, salary equivalent to Secretary to Government.
 +  * The 2019 changes were challenged in //Anjali Bhardwaj//; not struck down but SC directed procedural safeguards.
 +
 +===== Legislative history =====
 +
 +  * 2005 — Original Section 13: fixed 5-year term; salary of Supreme Court Judge.
 +  * 24 October 2019 — RTI (Amendment) Act No. 24 of 2019 substituted 13(1), 13(2), and 13(5).
 +  * 2019 — RTI Rules, 2019 notified — 3-year term, Secretary-level salary.
 +
 +===== Rulings and references =====
 +
 +  * **//Anjali Bhardwaj v. UoI//, (2020) 11 SCC 345** — upheld 2019 amendment but imposed transparency obligations on appointment process.
 +  * **Justice A.P. Shah letter (2019)** — open letter criticising the 2019 amendments.
 +
 +===== Practical note =====
 +
 +Whether a Commissioner is on a 3-year or 5-year term matters for how they handle long-pending appeals. Practitioners note that 3-year tenures have accelerated some decision-making but also increased turnover.
 +
 +===== Call to action =====
 +
 +For drafting RTIs or appeals engaging this section, use the [[:templates:first-rti|First RTI template]] or the [[:templates:first-appeal|First Appeal template]]. See [[:guide:applicant:application:how-fill-rti-application-form|How to fill an RTI application]] for structural help.
 +
 +===== Related =====
 +
 +  * [[act|Back to the full RTI Act]]
 +  * [[act:section-6|Section 6 — Request for information]]
 +  * [[act:section-7|Section 7 — Disposal]]
 +  * [[act:section-8|Section 8 — Exemptions]]
 +  * [[act:section-19|Section 19 — Appeals]]
 +  * [[explanations|All explanations]]
 +  * [[:important-decisions:start|Landmark RTI decisions]]
 +
 +===== Sources =====
 +
 +  - Right to Information Act, 2005, Section 13.
 +  - RTI (Amendment) Act, 2019 (where applicable).
 +  - DPDP Rules, 2025, notified 14 November 2025 (where applicable).
 +  - Department of Personnel and Training, //Guide on the RTI Act, 2005//.
 +
 +//Last reviewed on: 21 April 2026//
 +
 +{{tag>rti act section-13 term-office cic amendment-2019 service-conditions 2026}}
  
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act/section-13.txt · Last modified: by 127.0.0.1