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ELECTION COMMISSION (CONDITION OF SERVICE OF ELECTION COMMISSIONS AND TRANSACTION OF BUSINESS) ACT, 1991
11 of 1991
25th January, 1991
An Act of determine the conditions of service of the Chief Election Commissioners and other Election Commissioners 1[and to provide the procedure for transaction of business by the Election Commission and for matters] connected therewith or incidental thereto. BE It enacted by Parliament in the Forty-first Year of the Republic of India as follows:—
SECTION 01: SHORT TITLE
This Act may be called 2[the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business)] Act, 1991.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires, —
(a) "Chief Election Commissioner" means the Chief Election Commissioner appointed under article 324 of the Constitution:
3[(b) "Election Commission" means the Election Commission referred to In article 324 of the Constitution:]
(c) "Election Commissioner" means any other Election Commissioner appointed under Article 324 of the Constitution.
SECTION 03: SALARY
[(1)] There shall be paid to the Chief Election Commissioner 5[and other Election Commissioners] a salary which Is equal to the salary of a judge of the Supreme Court 6[* * * *] Provided that If a person who, immediately before the date of assuming office as the Chief Election Commissioner or, as the case may be, an Election Commissioner, was in receipt of or, being eligible so to do. had elected to draw, a pension (other than a disability or wound pension) In respect of any previous service under the Government of the Union or under the Government of a State, his salary in respect of service as the Chief Election Commissioner or, as the case may be, an Election Commissioner shall be reduced —
(a) by the amount of that pension; and
(b) If he had, before assuming office, received. In lieu of a portion of the pension due to him In respect of such previous service, the commuted value thereof, by the amount of that portion of the pension.
SECTION 04: TERM OF OFFICE
The Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years from the date on which he assumes his office : 7[Provided that where the Chief Election Commissioner or an Election Commissioner attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate his office on the date on which he attains the said age:] Provided further that the Chief Election Commissioner or an Election Commissioner may, at any time, by writing under his hand addressed to the President, resign his office. Explanation:For the purpose of this section, the terms of six years In respect of the Chief Election Commissioner or an Election Commissioner holding office immediately before the commencement of this Act, shall be computed from the date on which he had assumed office.
SECTION 05: LEAVE
(1) A person who, immediately before the date of assuming office as the Chief Election Commissioner or an Election Commissioner, was in service of Government may be granted during his tenure of office but not thereafter, leave in accordance with the rules for the time being applicable to the Service to which he belonged before such date and he shall be entitled to carry forward the amount of leave standing at his credit on such date, notwithstanding anything contained In section 6.
(2) Any other person who is appointed as the Chief Election Commissioner or an Election Commissioner may be granted leave In accordance with such rules as are for the time being applicable to a member of the Indian Administrative Service.
(3) The power to grant or refuse leave to the Chief Election Commissioner or an Election
Commissioner and to revoke or curtail leave granted to him, shall vest In the President.
SECTION 06: PENSION PAYABLE TO ELECTION COMMISSIONERS
(1) A person who. immediately before the date of assuming office as the Chief Election Commissioner or an Election Commissioner was In service of Government, shall be deemed to have retired from service on the date on which he enters upon office as the Chief Election Commissioner or an Election Commissioner but his subsequent service as the Chief Election Commissioner or an Election Commissioner shall be reckoned as continuing approved service counting for pension in Service to which he belonged.
(2) Where the Chief Election Commissioner 8[or an Election Commissioner] demits office [whether In any manner specified in 9(sub-section (3)) or by resignation], he shall, on such demission be entitled to —
(a) a pension which Is equal to the pension to a Judge of the Supreme Court in accordance with the provisions of Part III of the Schedule to the Supreme Court Judges (Conditions of Service) Act, 1958 (41 of 1958)as amended from time to time; and
(b) such pension (including commutation of pension), family pension and gratuity as are admissible to a Judge of the Supreme Court under the said Act and the rules made there under, as amended from time to time. 10[* * * *]
(3) Except where the Chief Election Commissioner or an Election Commissioner demits office by resignation, he shall be deemed, for the purpose of this Act, to have demitted his office If, and only If,—
(a) he has completed the term of office specified in section 4, or
(b) he ha attained the age of sixty-five years,11[* * *]
(c) his demission of office is medically certified to be necessitated by ill-health.
SECTION 07: RIGHT TO SUBSCRIBE TO GENERAL PROVIDENT FUND
Every person holding office as the Chief Election Commissioner or an Election Commissioner shall be entitled to subscribe to the General Provident Fund (Central Services).
SECTION 08: OTHER CONDITIONS OF SERVICE
Save as otherwise provided In this Act, the conditions of service relating to travelling allowance, provision of rent-free residence and exemption from payment of Income-tax on the value of such rent-free residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are12 [for the time being, applicable to a Judge of the Supreme Court under Chapter 4 of the Supreme Court
Judges (Conditions of Service) Act, 1958 (41 of 1958)and the rules made there under, shall, so far as may be, apply to the Chief Election Commissioner and other Election Commissioners.]
SECTION 09: TRANSACTION OF BUSINESS OF ELECTION COMMISSION
The business of the Election Commission shall be transacted in accordance with the provisions of this Act.
SECTION 10: DISPOSAL OF BUSINESS BY ELECTION COMMISSION
(1) The Election Commission may, by unanimous decision, regulate the procedure for transaction of its business as also allocation of its business amongst the Chief Election Commissioner and other Election Commissioners.
(2) Save as provided in sub-section (1), all business of the Election Commission shall, as far as possible, be transacted unanimously.
(3) Subject to the provisions of sub-section (2), if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.]
Notes:
2. Subs. for the words "The Chief Election Commissioner and other Election Commissioners (Conditions of Service)" by Act No. 4 of 1994, s. 2. (w.e.f. 1.10.1993).
3. Ins. by Act No. 4 of 1994 (w.e.f. 1.10.1993).
4. Omitted by Act No. 4 of 1994. s.5. (w.e.f. 1.10.1993).
5. Ins. by Act No. 4 of 1994, s. 5 (w.e.f. 1.10.1993).
6. The words "There shall be paid to an Election Commissioner a salary which is equal to the salary of a Judge of a High Court." Omitted by Act No. 4 of 1994, s. 5. (w.e.f. 1.10.1993).
7. Subs. for the Words "Provided that where — (i) the Chief Election Commissioner attains the age of sixty-five year : or (ii) an Election Commissioner attains the age of sixty-two years before the expiry of the said term of six years, he shall vacate his office on the date on which he attains the said age:]" by Act No. 3 of 1994 s. 6 (w.e.f. 1.10.1993).
8. Added by Act No. 4 of 1994 (w.e.f. 1.10.1993) s. 7.
9. Subs. by Act No. 4 of 1994 for the Words "sub-section (4)" s.7. (w.e.f. 1.10.1993).
10. Omitted by Act No. 4 of 1994, s. 7. (w.e.f. 1.10.1993).
11. Words [or as the case may be, sixty-two years] omitted by Act 4 of 1994, s.7. (w.e.f. 1.10.1993).
12. Subs by Act. No. 4 of 1994, s.8, (w.e.f. 1.10.1993.)
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