In exercise of the powers conferred under
sub-section (2) of Section 7 of the Delhi Municipal Corporation Act, 1957, and
in supersession of the Election Commissioner of National Capital Territory of
Delhi (Conditions of Service and Tenure of Office) Rules, 1993 except as
respects things done or omitted to be done before such supersession, the
Hon'ble Lt. Governor of National Capital Territory of Delhi is hereby make the
Election Commissioner of National Capital Territory of Delhi (Conditions of
Service and Tenure of Office) Rules, 2019 namely:- Rules to determine the conditions of service
and tenure of office of the Election Commissioner of National Capital Territory
of Delhi for matters connected therewith or incidental thereto. CHAPTER-I
PRELIMINARY (i)
these
rules may be called the Election Commissioner of N.C.T. of Delhi (Conditions of
Service and tenure of office) Rules, 2019. (ii)
These
shall come into force at once. (1)
In
these rules unless the context otherwise requires:- (a)
'Act'
means the Delhi Municipal Corporation Act, 1957 (66 of 1957) as amended till
date. (b)
'Administrator'
means the Lt. Governor of National Capital Territory of Delhi. (c)
'Election
Commissioner' means the Election Commissioner appointed under section 7 (1) of
the Act and under articles 243K and 243 ZA of the Constitution of India. (d)
'Government'
means the Government of National Capital Territory of Delhi. (e)
'Judge'
means a Judge of the High Court of Delhi. CHAPTER II
SALARY AND OTHER CONDITIONS OF SERVICE OF THE ELECTION COMMISSIONER The Administrator may appoint an Election
Commissioner from amongst the Indian Administrative Service Officers serving or
have retired as Secretary to Government of India (U.T.s cadre) or as Chief
Secretary/Principal Secretary working/retired as such in the Government of
National Capital Territory of Delhi, in the Apex scale of pay. The salary,
allowances and other perquisites payable to and other conditions of service of
the Election Commissioner shall be the same as admissible to a sitting judge of
the High Court of Delhi as contained in the High Court Judges (Condition of
services) Act, 1954 (No. 28 of 1954) and the rules made thereunder and
instructions on this subject issued by the Government of India and the State
Government from time to time. Provided that if the Election Commissioner at
the time of his appointment is in a receipt of a pension (other than a
disability or wound pension) in respect of any previous service his salary in
respect of service as the Election Commissioner shall be reduced - (a)
by
the amount of that pension; and (b)
If
he has, before such appointment 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. Provided further that in no case the Election
Commissioner shall be paid the salary less than what was admissible to him at
the time of retirement prior to his appointment as Election Commissioner. Provided further that the service conditions
about which there is no provision under these rules, shall be the same as are,
for the time being, applicable to the members of the Indian Administrative
Service of the corresponding pay level in the Government. TERM OF OFFICE The Election Commissioner shall hold office
for a term of six years from the date on which he assumes his office or attains
the age of Sixty Five years whichever is earlier. Provided that after the expiry of the
aforesaid period the State Election Commissioner shall continue to hold the
office until his successor is appointed and the successor assumes the office
but this period in no case shall be more than six months. Provided further that the Election
Commissioner may, at any time, by writing under his hand addressed to the
Administrator, resign his office. Provided further that the Election
Commissioner shall not be removed from office except in a like manner and on
the like grounds as a Judge of the High Court of Delhi. (1)
Any
person who is appointed as the Election Commissioner may be granted leave in
accordance with the provisions of sub-rule (3) of Rule 6 of these rules as
hereunder prescribed. (2)
The
power to grant or refuse leave to the Election Commissioner and to revoke or
curtail leave granted to him shall vest in the Administrator. (1)
Where
an Election Commissioner demits office (whether in any manner specified in rule
(4) or by resignation), he shall, on such demission, be entitled to - (a)
a
pension which is equal to the pension payable to Judge of the High Court of
Delhi (b)
such
pension including commutation of pension, family pension and gratuity as are
admissible to a Judge of the High Court of Delhi (2)
Except
where the Election Commissioner demits office by resignation, he shall be
deemed, for the purpose of these rules, to have demitted his office, if and
only if (a)
He
has completed the term of office specified in rule 4, or (b)
He
has attained the age of sixty-five years, or (c)
He
is removed from office in a like manner and on the like grounds as judge of the
High Court of Delhi. (3)
A
person on appointment as Election Commissioner shall be entitled to the
following leave namely - (i)
Earned
leave of thirty days for every completed calendar year of service or a
proportionate number of days for a part thereof and the leave salary for earned
leave shall be equivalent to his salary drawn prior to proceeding on leave. (ii)
Half
pay leave on medical certificate or on private affairs of twenty days in
respect of each completed calendar year of service and the leave salary for
half pay leave shall be equivalent to half of the leave salary admissible
during the earned leave. (iii)
Leave
on half pay can be computed to full pay leave if it is taken on self-Medical
ground and is supported by a Medical Certificate from the competent medical
authority. (iv)
Extraordinary
leave without pay and allowances upto a maximum of one hundred eighty days in
one term of office, however, there shall be no break in the term of office due
to such leave if availed on the ground of self-illness. (3)
On
the expiry of a term in the Commission, the Election Commissioner shall be
entitled to receive cash equivalent of leave salary in respect of earned leave
standing to his credit subject to condition that the maximum of leave encashed
under this sub-rule or at the time of retirement from previous service as the
case may be or taken together shall not in any case exceed Three Hundred days. (4)
The
Election Commissioner shall be entitled to receive dearness allowance as
admissible on the leave salary under sub-rule (4) at the rates in force on the
date of the relinquishment of their office in the Commission that he shall not
be entitled to any other allowance on such leave. (5)
Casual
leave is admissible to the Election Commissioner upto 15 days in a calendar
year. Casual leave for the Election Commissioner shall be sanctioned by the
Administrator. (6)
Casual
leave combined with Sunday and other authorized holidays should not exceed 10
days at a time. (7)
The
Commissioner shall be entitled to leave travel concession at the same rate and
at the same scale and on the same conditions as are applicable to a judge of
the High Court of Delhi. (8)
The
power to grant or refuse leave to the Election Commissioner and to revoke or
curtail leave granted to him, shall vest with the Administrator. (9)
The
conditions of service relating to provision for rent free accommodation,
conveyance facilities, medical facilities and such other conditions of service
as are for the time being applicable to a Judge of the High Court of Delhi
under Chapter IV of the High Court Judges (Conditions of Service) Act, 1954 and
the rules made thereunder shall so far as may apply to the Election
Commissioner. (10)
The
conditions of service of the Election Commissioner for which no express
provisions are made in these rules shall be determined by the rules and orders
for the time being applicable to an Indian Administrative Service officer of
the rank of Secretary to the Government of India. (11)
Person
appointed as an Election Commissioner, shall be entitled to pension calculated
at the rate of rupees four thousand seven hundred sixteen per annum provided
that no such pension shall be payable, if he has put in less than two years of
service with the Commission. Provided that the aggregate amount of pension
payable under this rule together with the amount of any pension including
commuted portion of pension, if any, drawn or entitled to be drawn while
holding office of the Election Commissioner shall not exceed the maximum amount
of pension prescribed for a Judge of the High Court of Delhi. Every person holding office as Election
Commissioner shall be entitled to subscribe to the General Provident Fund
(Central Services). Save as otherwise provided in this Act, the
conditions of service relating to travelling allowances, rent-free
accommodation and exemption from payment of income tax on the value of such
rent free accommodation, conveyance facility, sumptuary allowances, medical
facility and such other conditions of service, as are, for the time being,
applicable to a Judge of High Court of Delhi under Chapter IV of the High Court
Judges (Conditions of Service) Act, 1954 and the rules made thereunder, shall
so far as may be, apply to the Election Commissioner. The conditions of service of the Election
Commissioner shall not be varied to his disadvantage after his appointment.ELECTION
COMMISSIONER OF N.C.T. OF DELHI (CONDITIONS OF SERVICE AND TENURE OF OFFICE)
RULES, 2019
PREAMBLE