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(J) and Section 10(I) of the RTI Act, 2005 Disclosure of Information is subject to exemptions under Section 8(i)(j) and Section 10(i) of the RTI Act, 2005. f< Department of Personnel & Training Office of Secretary (Personnel) You may kindly recall that during the selection of CIC and IC, it was decided to start the process of selection of CIC and IC in the month of August 2015. We should immediately start the process and see to it that the entire exercise is completed by October 2015. (Sanjay Kothari) Secretary (P) 4-8-2015 JS/SV-I) Copy to : Mr. Sandeep Jain, Director (IR) PRIME MINISTER'S OFFICE South Block, New Delhi —110 011 Subject: Appointment of Chief Information Commissioner in the Central Information Commission. Reference is invited to the DoP&T's note dated 31.07.2014 of file No. 4/7/2014-IR on the subject cited above. 2. Prime Minister has desired that for the sake of consistency and uniformity in approach, the procedure for selection of Information Commissioners which includes, among other things, advertising the post and short listing by a Search Committee, may be adopted for appointment to the post of Central Information Commissioner as well. Such short-listed panel may then be placed before the Selection Committee for its consideration. 3. DoPT's file / folder Nos. 4/7/2014-IR is returned herewith. (V. Sheshadri) Director Tel. No. 2301 3485 Secretary, Department of Personnel & T aining PMO ID no. 600/31/C/3912013-ES.2 (Vol.i3) Dated 17.10.2014 • PRIME MINISTER'S OFFICE South Block, New Delhi — 110 011 Subject: Appointment of Chief Information Commissioner in the Central Information Commission. Reference is invited to the note dated 15.07.2014 of Department of Personnel & Training on file No. 4/7/2014-IR on the subject cited above. 2. The Prime Minister has nominated Shri Arun Jaitley, Union Cabinet Minister of Finance, Corporate Affairs and Defence, as the Member of the Selection Committee under of Section 12(3) of the RTI Act. 3. The undersigned is directed to convey that the matter shall be resubmitted for a decision on date of meeting of Selection Committee, s after the issue raised in para 6 of the aforesaid note is decided. 4. The file/folder No. 4/7/2014-IR of the Department of Personnel & Training is returned herewith. [(WI' (V. Sheshadri) Director Tel. No. 2301 3485 Secretary, Department of Personnel & Training PMO ID no. 600/31/Ca : /201" -ES.2 Dated. 21.07.2014 3i 1. )01,11 / ?.,S7 ?- ?c)14 flaar eat pa ralf S FTS N()H2812 4 F_ No.-1,'"1,20e.LPt DcPT has ought s:n tt to t1 LesH.r of s:nge ferge::,t op.nsit:c.,r, can t)e. fed .3', Lt.-',1,irE.F. rlfoup a cppositi,/r, La 4,4. ifo e of ii t thy.; ktn Act). T1 Lao, of tr se in a that f'r., fl, PT vide OM (i3ted `3.21.114 the, Lc..‹ 4 ha Becreiariat to clanal ai 1tvpcHdr•nr:a I a Chu nas boar: reac'aad ,f the leadc,,r :51 :;"4 an rji,t it is le,iLk:ostt.1 to iHhc.Jiy grt_up 'he t...,1,ve;•0",. 4 the 'H fi t1'.2re 2/N) s',ated tLtaf "As nr-i .f.'(;)■1 ShH Congt,..._ss in 1...1 -,..Sabr!: 3_ 1. the, on CC:r14n-dssic.n .and H_J;) tne or, Comr'llSSIor,ers r -,fOriefS Pa- -i-Yol;in of a comarittoe Cch,s.s:Ing I ?LH Or; tH:,; of a 1.),i,c.,1Ca'c•in.t..-:q1'..1.r,.-ter For v (1.:ilc,',ared the nE--is not ba-n rccogrtised Ii't.0 oppc.^.3Won at t a Guverrr.le,nt louse of to be the e at Cup 4 The e>,.;-.-iod,o,tto..rt !'r.Jt In the ab:ierici? at :er..-c-gnil-]L.,d Lei._1:1; ;_)1C)DposLtion LeoLior of grc'JP It ,--.; ricuyc shalt be dauined to UP. !hc., of ..,"opo,:otian. 5, The terms 'rect,:gr,ied group and 're.-.:t.-igned pal cm i:n ler soot on 2 of the Leadois „Ind Chief PCi a a pa In sinif groups :n Pariament (FctlIticsj ".=.at 1998 (Act re.lc 2 Defim+Jon. - In this Act. uro.esb too ccr,te.ot rcgLH..n.- (a) "recognised group means,- (i) t) :n relation to the HeeLe at the People vr, hnAr, a strength not ;ess tf;an thirty rre:'nc.:m driJ 'iot irons than It1 a ur r the He:usc,. • FTS No.2872 /Adv-A/2014 F. No.4/4/2014-IR(Ptl (b) "recognised party" means,- (I) (ii) in relation to the House of the People, every party which has a strength of not less than fifty-five members in the House.' 6. Section 3 of Act of 1999 deals with facilities of the Leaders, Deputy Leaders and Chief Whips of recognised groups and parties and stipulates that subject to any rules made in this behalf by the Central Government, each leader, deputy leader and each chief whip of a recognised group and a recognised party shall be entitled to telephone and secretarial facilities provided such Leader, Deputy Leader or Chief Whip is not fallen in the categories mentioned below this section. 7. Section 2 of the Salary & Allowances of Leaders of Opposition in Parliament Act, 1977 (Act of 1977) reads as under '2. Definition.- In this Act," Leader of the Opposition", in relation to either House of Parliament, means that member of the Council of States or the House of the People, as the case may be, who is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. Explanation.- Where there are two or more parties in opposition to the Government, in the Council of States or in the House of the People having the same numerical strength, the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, shall, having regard to the status of the parties, recognise any one of the Leaders of such parties as the Leader of the Opposition for the purposes of this section and such recognition shall be final and conclusive.' 8. Each Leader of Opposition has statutory recognition and en:ed ter certain facilities and amenities to enable him to discharge his function in the Parliament as mandated under Sections 3,4,5,6,7, 8 & 8A of the Act of 1977. 9. Parliamentary system works on precedents and practices. The Act of 1977 provides for the Leader of parties in opposition having the greatest numerical strength and recognized as such by the Speaker / Chairman being recognized as LOP. Direction No. 120 of directions by the Speaker Lok Sabha (the directions) stipulates that 'the Speaker may recognize an Association of Members as a Parliamentary Party or Group for the purpose of functioning in the House and his decision shall be final' Speakers recognition is governed by the direction No. 121 of the directions which provide as under: 'Conditions for recognition 121. In recognising a Parliamentary Party or Group the Speaker shall take into consideration the following principles:— (I) An association of members who propose to form a Parliamentary Party-, (a) shall have announced at the time of the general elections a distinct ideology and programme of Parliamentary work on which they have been returned to the House; (b) shall have an organisation both inside and outside the House; and Frktio 3721Ad0=N2Q14 F Ni, 414:2(ft4-IR{Ft.) tc) shall have at le:ist a strength equal to: the quorum fixed to constitute a sitting of the House, that Is one-tenth tattle total number of members of the House. (ii) An association of members to fort a parliamEnilry Group shall satisfy the ,::c.r.ciitiorts spec,,,d1n parts (a) and (b) of cia end:shali have at least :1 strength of K members.' 10. The term 'single fa rct cst 'group in opposition' .fs not defined either 'under the RTI Act or Aci No. 5/1.999 or Act No. 33/1977 or in the compilation of "Directions by the Speaker Lek Sat,ha ' The matter r;,y bee.nexaminedin the DoPT in light of informatIen dated 19 provided I r the Lok Sabha Secretarial In paia 5 of DcFT's note (p.atn; rt is mentioned tilat as per .R-n Act, in the absence of Leader of opposition, the Leader of the single largest group in opposition shalt be deemed to be the leader Qf opposition, while...Shri Mailikarjun Kharge is the Leader of Indian Natic,n,--,1 Congress in Lok Sabha tribi1on. Is the single largest party in cp.; 11. In the circumstances, our answer to the qtiery rs in the affirmative. We, however, clarify that this nnsvoer is only for the limited purpose of the RTI Act [explanation below section 1213)] and not foe. any other purpose. May Tro. (RS. 'derma) Deputy Levi Adviser 15.07.2014 is & LA i • 1. 4. oela 5,-TI /8. I I r 1k F. No.4/7/2014 — IR Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) North Block, New Delhi Dated: 24th October, 2014 Subject: Apppintment of Chief Information Commissioner in the Central Information Commission.
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