The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991

This Act may be called 1[the Election Commission (Conditions of Service of ElectionCommissioners and Transaction of Business)] Act, 1991.

In this Act, unless the context otherwise requires,-- (a) "Chief Election Commissioner" means the Chief Election Commissioner appointed underarticles 324 of the Constitution; 1[(b) "Election Commission" means the Election Commission referred to in article 324 of theConstitution;] 2[(c)] "Election Commissioner" means any other Election Commissioner appointed underarticle 324 of the Constitution.

1***There shall be paid to the Chief Election Commissioner 2[and other Election Commissioners] a salary which is equal to the salary of a Judge of the Supreme Court: 3* ** * * Provided that if a person who, immediately before the date of assuming office as the Chief ElectionCommissioner or, as the case maybe, an Election Commissioner, was in receipt of, or, being eligible soto do, had election to draw, a pension(other than a disability or wound pension) in respect of anyprevious service under the Government of the Union or under the Government of a State, his salary inrespect of service as the 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 pension due to him inrespect of such previous service, the commuted value thereof, by the amount of that portion of the pension.

The Chief Election Commissioner or an Election Commissioner shall hold officefor 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 anytime, 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 thecommencement of this Act, shall be computed from the date on which he had assumed office.

(1) A person who, immediately before the date of assuming office as the Chief ElectionCommissioner or an Election Commissioner, was in service of Government may be granted during histenure of office but not thereafter, leave in accordance with the rules for the time being applicable to theService to which he belonged before such date and he shall be entitled to carry forward the amount ofleave 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 ElectionCommissioner may be granted leave in accordance with such rules as are for the time being applicableto a member of the Indian Administrative Service. (3) The power to grant or refuse leave to the Chief Election Commissioner or an ElectionCommissioner and to revoke or curtail leave granted to him, shall vest in the President.