3. Salary.—5
***There shall be paid to the Chief Election Commissioner 6
[and other Election
Commissioners] a salary which is equal to the salary of a Judge of the Supreme Court:
7
* * * * *
Provided that if a person who, immediately before the date of assuming office as the Chief Election
Commissioner or, as the case maybe, 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 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.
1. Subs by Act 4 of 1994, s. 2, for “and for matters” (w.e.f. 1-10-1993).
2. Subs by s. 3, ibid., for “the Chief Election Commissioner and other Election Commissioners (Conditions of Service)”
(w.e.f. 1-10-1993)
3. Ins. by s. 4, ibid. (w.e.f. 1-10-1993).
4. Clause (b) shall be re-lettered as clause (c) by s. 4, ibid. (w.e.f. 1-10-1993).
5. The brackets and figure “(1)” omitted by s. 5, ibid.(w.e.f. 1-10-1993).
6. Ins. by s. 5, ibid. (w.e.f. 1-10-1993).
7. Certain brackets, figure and words omitted by s. 5, ibid. (w.e.f. 1-10-1993).
3
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.
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 any thing 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.
(2) Where the Chief Election Commissioner 2
[or an Election Commissioner] demits office [whether
in any manner specified in 3
[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 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 thereunder, as
amended from time to time.
4
* * * * *
5
[(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 has attained the age of sixty-five years, 6
*** or
(c) his demission of office is medically certified to be necessitated by ill-health.
1. Subs by Act 4 of 1994, s. 6, for the first proviso (w.e.f. 1-10-1993).
2. Ins. by s. 7, ibid. (w.e.f. 1-10-1993).
3. Subs by s. 7, ibid., for “sub-section (4)” (w.e.f. 1-10-1993).
4. Sub-section (3) omitted by s. 7, ibid. (w.e.f. 1-10-1993).
5. Sub-section (4) shall be re-numbered as sub-section (3) by s. 7, ibid. (w.e.f. 1-10-1993).
6. The words “or as the case may be, sixty-two years,” omitted by s. 7, ibid. (w.e.f 1-10-1993).
4
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, 1
[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 thereunder, shall, so far as may be, apply to the Chief Election Commissioner
and other Election Commissioners].