STATE ELECTION COMMISSIONER
(QUALIFICATION AND APPOINTMENT) ACT, 1994 THE STATE ELECTION COMMISSIONER
(QUALIFICATION & APPOINTMENT) ACT,
1994 [Act No. 22 of 1994] [22nd April 1994] Amended
by Mah. 37 of 2000 (19th August 2000) (w.r.e.f. 23-06-2000) An Act to provide for the qualifications for
and the appointment of the State Election Commissioner and for matters
connected therewith or incidental thereto. WHEREAS
it is expedient to provide for the qualifications for and the appointment of
the State Election Commissioner and for matters connected therewith or
incidental thereto; It is hereby enacted in the Forty-fifth Year of the
Republic of India as follows:- This
Act may be called the State Election Commissioner (Qualifications and
Appointment) Act, 1994. In
this Act,- (1)
"Government" means the Government
of Maharashtra; (2)
"State Election Commissioner" means
the State Election Commissioner appointed under article 243-K of the
Constitution of India. The
State Election Commissioner shall be appointed from amongst persons who are
holding or have held a post not lower in rank than that of a Principal
Secretary to Government. [1] [There shall be paid to the State Election Commissioner,
- (a)
during the period from the 1st day of January
1996 to the 31st day of May 2000, a salary of Rs. 24,050 per month, in the scale
of Rs. 24,050-650-26,000; and (b)
with effect from the 1st day of June 2000, a
salary of Rs. 26,000 (fixed) per month: Provided
that, if a person who, immediately before the date of assuming office as the
State Election Commissioner was in receipt of or, being eligible so to do, had
elected to draw, a pension (other than disability or wound pension), in respect
of any previous service under the Government of the Union or under the
Government of the State, his salary in respect of service as the State Election
Commissioner shall be reduced, by the amount of such pension.] The
State Election Commissioner shall not be a member of Parliament or a member of
the State Legislature or a member (or Councillor) of any Panchayat or
Municipality in the State and shall not hold any office of trust or profit
(other than his office as the State Election Commissioner), or be connected
with any political party or carry on any business or practice any profession,
and accordingly before he enters upon his office, a person appointed as the
State Election Commissioner shall,- (a)
if he is a Member of Parliament or of the
Legislature of the State or of the Panchayat or the Municipality resign such
membership; or (b)
if he holds any office of trust or profit
resign from such office; or (c)
if he is connected with any political party
sever connection with it; or (d)
if he is carrying on any business sever his
connection (short of divesting himself of ownership) with the conduct and
management of such business; or (e)
if he is Practising any profession, suspend
practice of such profession. (1)
The State Election Commissioner shall hold
office; for a term not exceeding five years from the date on which he enters
upon his office; and he shall not be eligible for re-appointment: Provided
that, the State Commissioner may, at any time, by writing under his hand
addressed to the Governor, resign his office. (2)
The State Election Commissioner shall not be
removed from office except in the manner specified in the proviso to clause (2)
of article 243-K of the Constitution of India. (1)
The State Election Commissioner shall be
entitled to 30 days earned leave in a calendar year and it shall be credited to
his leave account, in advance in two installments of 15 days each on the first
day of January and July of every calendar year. (2)
(a) The State Election Commissioner shall be
entitled half pay leave on medical certificates or on private affairs at the
rate of twenty days in respect of each completed 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. (b) ??Leave on half
pay can be commuted to full pay leave at the discretion of the State Election
Commissioner, provided it is taken on medical grounds and, supported by a
medical certificate from the competent medical authority. (3)
The State Election Commissioner shall be
entitled to extraordinary leave without pay and allowance upto a maximum period
of one hundred and eighty days in one term of office. (4)
On the expiry of his term of office, the
State Election Commissioner shall be entitled to receive cash equivalent of
leave salary in respect of the earned leave, standing to his credit. (5)
The State Election Commissioner shall be
entitled to receive dearness allowance, as admissible on the leave salary under
sub-section (4) at the rates admissible on the date of the relinquishment of
the office in the State Election Commission: Provided
that he shall not be entitled for the city compensatory allowance or any other
allowance on such leave salary. (6)
The power to grant or refuse leave to the
State Election Commissioner and to revoke or curtail leave granted to him,
shall vest in the Governor. (1)
A person, who immediately before the date of
assuming office as the State Election Commissioner was in service of Government
of India or the State Government, shall be deemed to have retired from service
on the date on which he enters upon office as the State Election Commissioner
but his subsequent service as the State Election Commissioner shall be reckoned
as continuing approved service counting for pension in service to which he
belonged. (2)
Where the State Election Commissioner demits
office (whether in any manner specified in sub-section (3) or by resignation),
he shall, on such demission, be paid in addition to any other pension if any,
he may be drawing, a pension at the rate of rupees seven hundred per annum for
each completed year of service or a part thereof and irrespective of the number
of years of service in the Commission the maximum amount of pension shall not
exceed rupees three thousand five hundred per annum: Provided
that, no such pension shall be payable to the State Election Commissioner if he
has put in less than two years of service with the State Election Commission. (3)
Except where the State 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 6, or (b)
his demission of office is medically
certified to be necessitated by ill-health. The
State Election Commissioner shall be entitled to subscribe to the General
Provident Fund at his option, and in case of his so opting shall be governed by
the provisions of the Maharashtra General Provident Fund Rules: Provided
that, if the State Election Commissioner, was a member of an All India Service
or was holding a post under the Central or a State Government immediately
before the date of assuming office as the State Election Commissioner, he shall
be governed by the rules which were applicable to him immediately before the
date of assuming office as the State Election Commissioner. Save
as otherwise provided in this Act, the conditions of service relating to the
dearness allowance (including on pension), compensatory local allowance and all
other allowances including travelling allowance, provision for rent free
accommodation, conveyance facilities, medical facilities and such other
conditions of service as are for the time being applicable to a member of the
Maharashtra Administrative Tribunal under the relevant rules shall, as far as
may be, apply to the State Election Commissioner.
Preamble - THE STATE ELECTION COMMISSIONER
(QUALIFICATION & APPOINTMENT) ACT, 1994PREAMBLE