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

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

InĀ thisĀ Act,Ā unlessĀ theĀ contextĀ otherwise requires,-- "Chief  Election Commissioner"  means the Chief Election Commissioner appointed under article 324 of the Constitution; 3*[`"ElectionĀ Commission" means the Election Commission referred to in article 324 of the Constitution;'.] 3*["ElectionĀ Commissioner" meansĀ anyĀ otherĀ Election Commissioner appointed under article 324 of the Constitution.

There  shall be  paid  to  the  Chief  Election Commissioner a salary which  is equal to the salary of a Judge of the  Supreme Court. There  shall be paid to  an Election  Commissioner a  salary  which is equal to the salary of a Judge of a High Court: Provided thatĀ if aĀ person who,Ā immediately beforeĀ 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,Ā had electionĀ to draw,Ā a pensionĀ (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 Subs by Act 4 of 1994, S.2 (w.e.f 1-10-1993 ) Subs by S.3 ibid (w.e.f. 1-10-1993) Re-lettered and ins. by S.4, ibid (w.e.f 1-10-1993 ) Omitted and ins by S.5, ibid (w.e.f 1-10-1993 ) 27 Chief ElectionĀ Commissioner or,Ā as theĀ caseĀ mayĀ be,Ā anĀ Election Commissioner shall be reduced-- by the amount of that pension; and 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.

AĀ person who,Ā immediatelyĀ beforeĀ theĀ dateĀ of assuming officeĀ as theĀ Chief ElectionĀ Commissioner orĀ anĀ Election Commissioner, wasĀ in serviceĀ of Government may be granted during his tenure ofĀ office butĀ not thereafter, leave inĀ accordance withĀ the rules forĀ the timeĀ being applicableĀ toĀ theĀ ServiceĀ toĀ whichĀ he belonged beforeĀ such dateĀ and heĀ shall be entitled to carry forward theĀ amountĀĀ ofĀ leaveĀĀ standingĀ atĀĀ hisĀ creditĀĀ onĀ suchĀ date, Ānotwithstanding anything contained in section 6. 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. 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.

Election Commissioners. 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) 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-- 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 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. 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,-- he has completed the term of office specified in section 4, or he has attained the age of sixty-five years, 1*xxx or his  demission of office is  medically certified  to be necessitated by ill-health.

to GeneralĀ Provident Fund. Every person holding officeĀ as theĀ Chief ElectionĀ CommissionerĀ orĀ anĀ Election Commissioner shallĀ be entitledĀ to subscribe to the General Provident Fund (Central Services).

service. SaveĀ as otherwiseĀ provided in this Act,Ā the conditions of service relating to travelling allowance, provision of rent-free residence and exemption from payment of income- tax onĀ the valueĀ of such rent-free residence, conveyance facilities, sumptuary allowance,Ā medical facilitiesĀ and such other conditions of service asĀ are, 2*["forĀ the time being, applicable to a Judge of the Supreme Court under Chapter IV of the Supreme Court Judges (Conditions of Service)Ā Act, 1958Ā (41 ofĀ 1958) andĀ the rulesĀ made there under, shall, soĀ far as may be, apply to the Chief Election Commissioner and other Election Commissioners"]

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

by Election Commission. 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. Save  as provided in sub-section  (1), all  business of  the Election Commission   shall,  as   far  as  possible, be  transacted unanimously. 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."] Ins. Subs,Ā omitteds & renumbered by Act 4 of 1994, S.7 (w.e.f 1- 10-93 ) Subs by S.8, ibid (w.e.f 1-10-1993) Ins. by S.9, ibid (w.e.f 1-10-1993)