Section 12 in Jammu and Kashmir Right to Information Act, 2009
12. Constitution of State Information Commission.
(1)The Government shall, by notification in the Government Gazette, constitute a body to be known as the Jammu and Kashmir State Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under the Act.(2)The State Information Commission shall consist of -(a)the State Chief Information Commissioner; and(b)two State Information Commissioners.(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 -(a)the Chief Minister, who shall be the Chairperson of the committee;(b)the Leader of Opposition in the Legislative Assembly; and(c)a Cabinet Minister to be nominated by the Chief Minister.Explanation. - For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognized 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:[Provided that during the continuation of Proclamation issued under section 92 of the Constitution of Jammu and Kashmir or Article 356 of the Constitution of India, as applicable to the State, the State Chief Information Commissioner and the State Information Commissioners shall he appointed by the Governor on the recommendation of the Committee consisting of: -(a)Advisors to the Governor (one of whom to be nominated by the Governor shall be Chairperson of the Committee);(b)Chief Secretary (Member-Secretary).](4)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 the Act.(5)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.(6)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 political party or carrying on any business or pursuing any profession.(7)The headquarters of the State Information Commission shall be at such place in the State as the Government may, by notification in the Government Gazette, specify.
