Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
No: 11 Dated: Jan, 25 1991
Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
Act No. 11 of 1991
An Act to determine the conditions of service of the Chief Election Commissioners and other Election Commissioners 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:-
CHAPTER I
PRELIMINARY
1. Short title.—This Act may be called the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
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.
(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.
CHAPTER II
Salary And Other Conditions Of Service Of The Chief Election Commissioner And Election Commissioners
3. Salary.- There shall be paid to the Chief Election Commissioner and other Election Commissioners a salary which is equal to the salary of a Judge of the Supreme 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 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.
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:
Provided that where the Chief Election Commissioner or an Election Commissioner attains the age of sixty-five year's 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.
5. Leave.- (1) A person who, immediately before the date of assuming office as 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.