¡Disfruta de SmartLeges Premium!

Suscríbete a SmartLeges Premium y disfruta de estas ventajas:

  • Consulta tantas leyes como necesites, gratuitas o de pago, sin coste adicional
  • Consulta casi cualquier ley en varios países gracias al nuevo buscador avanzado. ¡Toda la legislación a tu alcance!
  • Disfruta de todas las características de SmartLeges sin restricciones
Ver los planes

Una aplicación imprescindible y gratuita para profesionales y estudiantes del sector jurídico

Leer más
 

¡Regístrate gratis!

¿Quieres consultar esta y otras leyes completas?

Regístrate gratis y podrás consultar las leyes en tu móvil o tablet, además de subrayar textos, añadir notas...

¡Regístrate gratis!

Compartir esta ley Otras leyes de India
Email Facebook Twitter Google Linkedin Tumblr

CHIEF ELEC COMMI AND OTHER ELEC COMMI CONDI OF SERVICE ACT 1991

Ministry of Law and Justice

Act nº 11 of 1991


  • Chapter I
  • Chapter II
  • Chapter III. Transaction of Business of Election Commission
  • Act nº 11 of 1991

Preamble

THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION

COMMISSIONERS [CONDITIONS OF SERVICE] ACT, 1991

[Act, No. 11 of 1991]

[25th January, 1991]

PREAMBLE

An Act to determine the conditions of service of the Chief Election Commissioners and other Election Commissioners1[and to provide for 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:--

1. Substituted for "and for matters" by the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amdt Act, 1993 w.e.f. 01-10-1993


Chapter I

Section 1. Short title

This Act may be called1[the Election Commission (Conditions of Service of Election Commissioners and transaction of Business)] Act, 1991.

1. Substituted for "the Chief Election Commissioner and other Commissioners (Conditions of Service)" by the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amdt Act, 1993 w.e.f. 01-10-1993.


Section 2. 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;

1[(b) "Election Commission" means the Election Commission referred to in article 324 of the Constitution.]

1[c] "Election Commissioner" means any other Election Commissioner appointed under Article 324 of the Constitution.

1. Clause (b) relettered as Clause (c) and Clause (b) inserted before Clause (c) by the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amdt Act, 1993 w.e.f. 01-10-1993.


Chapter II

Section 3. Salary

1 [***]There shall be paid to the Chief Election Commissioner 2 [and otherElection Commissioners] a salary which is equal to the salary of a Judge of theSupreme Court.

3 [***]

Providedthat if a person who, immediately before the date of assuming office as theChief 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 orwound pension) in respect of any previous service under the Government of theUnion or under the Government of a State, his salary in respect of service asthe Chief Election Commissioner or, as the case may be, an Election Commissionershall 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 pensiondue to him in respect of such previous service, the commuted value thereof, bythe amount of that portion of the pension.

1."(1)"omitted by the Chief Election Commissioner and other Election Commissioner(Conditions of Service).Amdt Act, 1993, w.e.f. 01-10-1993.

2.Insertedby the Chief Election Commissioner and other Election Commissioner (Conditionsof Service) Amdt Act, 1993 w.e.f. 01-10-1993.

3."Sub-section(2)" omitted by the Chief Election Commissioner and other ElectionCommissioner (Conditions of Service).Amdt Act, 1993, w.e.f. 01-10-1993


Section 4. 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:

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. Substituted by the Chief. Election Commissioner and other Election Commissioner (Conditions of Service).Amdt Act, 1993 w.e.f. 01-10-1993, Prior to substitution it reads as under--

"Provided that where--

(i) the Chief Election Commissioner attains the age of sixty-five years 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:"


Section 5. 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 6. Pension payable to Election Commissioners

(1)A person who, immediately before the date of assuming office as the ChiefElection 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 uponoffice as the Chief Election Commissioner or an Election Commissioner but hissubsequent service as the Chief Election Commissioner or an ElectionCommissioner shall be reckoned as containing approved service counting forpension in Service to which he belonged.

(2)Where the Chief Election Commissioner 1 [or an Election Commissioner]demits office [whether in any manner specified in 2 [Sub-section (3)]or by resignation], he shall, on such demission be entitled to--

(a)a pension which is equal to the pension payable to a Judge of the Supreme Courtin accordance with the provisions of Part III of the Schedule to the SupremeCourt Judges (Conditions of Service) Act, 1958, as amended from time to time;and

(b)such pension (including commutation of pension), family pension and gratuity asare admissible to a Judge of the Supreme Court under the said Act and the rulesmade thereunder, as amended from time to time.

3 [***]

4 [(3)]Except where the Chief Election Commissioner or an Election Commissioner demitsoffice by resignation, he shall be deemed, for the purpose of this Act, to havedemitted his office if, and only if,--

(a)he has completed the term of office specified in section, or

(b)he has attained the age of sixty-five years 3 [***] or

(c)his demission of office is medically certified to be necessitated by ill-health.

1.Insertedby the Chief Election Commissioner and other Election Commissioner (Conditionsof Service) Amdt Act, 1993 w.e.f. 01-10-1993.

2.Substitutedfor "sub-section(4)" by the Chief. Election Commissioner and otherElection Commissioner (Conditions of Service).Amdt Act, 1993, w.e.f. 01-10-1993.

3.Omittedby the Chief. Election Commissioner and other Election Commissioner (Conditionsof Service).Amdt Act, 1993 w.e.f. 01-10-1993 Prior to omission it reads asunder:--

"(3) Where an 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) a pension which is equal to the pension payable to a Judge of a High Court in accordance with the provisions of Part III of the First Schedule, to the High Court Judges (Conditions of Service) Act, 1954, 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 a High Court under the said Act and the rules made thereunder, as amended from time to time."

4.Sub-section(4) renumbered as sub-section (3) by the Chief. Election Commissioner and otherElection Commissioner (Conditions of Service).Amdt Act, 1993 w.e.f. 01-10-1993


Section 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).

Section 8. Other conditions of service

Saveas otherwise provided in this Act, the conditions of service relating totravelling allowance, provision of rent-free residence and exemption frompayment of income-tax on the value of such rent-free residence, conveyancefacilities, sumptuary allowance, medical facilities and such other conditions ofservice as are, 1 [for the time being, applicable to a Judge of theSupreme Court under Chapter IV of the Supreme Court Judges (Conditions ofService) Act, 1958 and the rules made thereunder, shall, so far as may be, applyto the Chief Election Commissioner and other Election Commissioners".]

1.Substitutedfor "for the time being....to an Election Commissioner" by the Chief.Election Commissioner and other Election Commissioner (Conditions ofService).Amdt Act, 1993 w.e.f. 01-10-1993


Chapter III
Transaction of Business of Election Commission

1.Substitutedfor "sub-section" by the Chief. Election Commissioner and otherElection Commissioner (Conditions of Service).Amdt Act, 1993, w.e.f. 01-10-1993.


Section 9. 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."

Section 10A. Repeal and saving

(1) The Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Amendment Ordinance, 1993 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.]