Chief Election Commissioner and other Election Commissioners (Conditions Of Service) Act, 1991

1. Short� title.

This  Act may  be called  the  2*["the  Election  Commission  (Conditions  of  Service  of  Election Commissioners  and  Transaction of Business)"] Act, 1991.

In� this� Act,� unless� the� context� otherwise requires,--

1. "Chief  Election Commissioner"  means the Chief Election Commissioner appointed under article 324 of the Constitution;

2. 3*[`"Election� Commission" means the Election Commission referred to in article 324 of the Constitution;'.]

3. 3*["Election� Commissioner" means� any� other� Election Commissioner appointed under article 324 of the Constitution.

1. There  shall  be  paid  to  the  Chief  Election Commissioner a  salary which  is equal to the salary of a Judge of the  Supreme Court.

2. There  shall be  paid to  an Election  Commissioner a  salary  which is equal to the salary of a Judge of a High Court:

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 election� 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

1. Subs by Act 4 of 1994, S.2 (w.e.f 1-10-1993)

2. Subs by S.3 ibid (w.e.f. 1-10-1993)

3. Re-lettered and ins. by S.4, ibid (w.e.f 1-10-1993)

4. Omitted and ins by S.5, ibid (w.e.f 1-10-1993) 27 Chief Election� Commissioner or,� as the� case� may� be,� an� Election Commissioner shall be reduced--

1. by the amount of that pension; and

2. 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.

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:

1*["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 term 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.

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.

6. 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. 1 Subs by Act 4 of 1994, S.6 (w.e.f 1-10-1993)

2. Where  the Chief Election Commissioner demits office [whether in any  manner specified  in sub-section  (4) or  by resignation],  he shall, on such demission be entitled to--

1. a� pension which� is equal� to the� pension payable 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

2. 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.

3. 1*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,--

1. he has completed the term of office specified in section 4, or

2. he has attained the age of sixty-five years, 1*xxx or

3. his  demission of  office is  medically certified  to be necessitated by ill-health.

7. 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).

8. 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� are, 2*["for� the time being, applicable to a Judge of the �Supreme Court under Chapter IV 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"]

9. Transaction� of business� of Election Commission.

The business of the� Election Commission shall be transacted in accordance with the provisions of this Act.

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."]

1. Ins. Subs,� omitteds & renumbered by Act 4 of 1994, S.7 (w.e.f 1- �10-93)

2. Subs by S.8, ibid (w.e.f 1-10-1993)

3. Ins. by S.9, ibid (w.e.f 1-10-1993)