- bin no 1m of 1990 " , t  tiu chief election commissioner and other election commissioners (cond~tions of se,rvice) bill, 1990 a billto determine the conditions of service of the chief jzecticm commillio~ and other ezection commissioners and for matters connected there with or incidental thereto, be it enacted by parliament in the forty-first year of the repl;lblic of india as follows:- chapter i preliminarys 1 this act may be called the chief election commissioner and other short title election commissioners (conditions of service) act 1990 2 in this act unless the eontext otherwise requires,-definition • (4) "chief election commissioner" means the chief el~n commfufoner appointed under article 324 of the coiiitftutlalaa (b), "election commissioner" meidl' any other election com- missioner appointed under article 324 of the cons~tion,  chapi'er ii salaily and othiir conditions of siirvia of till: chid' etbction commissioner and eucctron commissionldlssalary 3 (1) there  be paid to die cwei eiedioa cos - '8i1oaer  ry "lucia is eqmi to tile , 01 - judae at  supreiiie ot 5 (2) tiiea  be paid to  eiectioa coaai9sioiier - iiiary wiaida ii eqai ie lie alary 01 - judp of - iiiib court: pnmded dim if a period who, ;  y befare  of •• us  of6ee as the cjiief eiec1iod coaidmiioaer 011,  die ewe , be, _ elertiea collullissioner, will iii receipt of, 01', beidr ",hie 80 to do, bad eiedeci to 10 draw, - peu5ion (other thad a cisahiiity or woiiiid pelllioll) in  01 auy pre~iout service  file gowmmeat 01 ,die u  01' 18ider tie goyenamead of a state,  iiiimy id reaped 01 senic:e - tile chief fjecdon coiimiiimioder or, 18 tile case may be  electk coni ' sloba' sbiiii be recioeeci-15 (a) by 1be idoudt of  peuiod;  - (b) if be bad, before 815  oftice, receiyed, id uea 01 - porttoa of the pellsion due to him id respect 01 sudi preno fiei'vb,  coiiib'iutecl ,iae tbereoi, by tile 8siiouiit of  rjioi1i- 01 die pedlloli term of (linc:e 4 the chief election commissioner or an election commissioner shall hold office for a term of six years from the date on which be 20 assumes his office: provided that where-(i) ~he chief election commissioner attains the age of sixty-five years; or (ii) an election commissioner attains the age of sixty-two years, 25 before the expiry of the said term of six years he sh311 vacate his office on the date on which he attains the said age: provided l'uj""her that the chief election cotnmissioner or an election commissioner may at any time by writing under his hand addressed to the president,resign his office 30 e:r:pla'i\qtion-fol' the purpose of this !eetion the term of six years in res~ of the cht&f blecfmn oornrnimlofter or 1m election commissioner holding office immediately before the commencement of this ad, shall be computed from the date on which 'm had assumed office 5 (1) a person who, immediately before the date of assuming office le, as the chief election commissioner or an elec'"jon commissioner, was in i8i'yice of govet'l'llullt may be granted durinl hia _11ft of ofbce but not thereafter, leave in accordance with the rules for the tim being 5 applicable to the service to which he belonged befo~e such date and he shall be entitled to carry forward the amount of leave standina at his credit on such date, notwithstanding anything con'tained in section 6 (2) any other person who is appointed as the chief election commissioner or an election commissioner may be granted leave in accord-10 anee 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 i 15 pension payable to election cornmissioners 20 6 (1) a person who, i~ before die elate of ii88uiding oiike as the chief election commissioner or  election commissioner was id service of govern  , s  uemeci , have retire4 from emce gil the  011 which be ea  oiiee iii  chief jljecdcjb commis"oiiiti or - eletdop com- bat  suijiequent ilei'vke 15 the claw eieqioa coadi-oer or an election commissioder shill be recobed as contiouidg approved service count· btl for pemiob in senice ,  ,lie  (2) w  ciiiei eieedod eoamseioner  cdce [~ bt any manner spedfied in sub-sedion (~) or by resignati,on], he shall, on sa demission be enfitled to-2s 41 of 1958 (a) a peosioil wiiich is equal to the pension payable to - judp 01 the supreme court in bl"coi'ciialce ~ die provisions of pm 10 of  selledule to tile supreme court juciges (coaditioas of senic:e) ad, 1958, is ameuded from time to time; and! (b) such t)mllsion (including commutation of pension), family penllion and gratuity as are ijiimissibie to a j" 01 ~ supreme court under the said act and the rules  thereunder, as amended from ltime to tim  30 (3) where an eletdon commissioner demits office [whetber in ~y dmlnner specified in sub-section (4) or by resignation], he shall, on such delftl8sioa, be entitled to-3s (ii) a pension which ~ equal to the pe_on payable to - judge of - high coot1 in ~ with the provisions of pare in 01 the flnt schedole to the high court judges (conditioas of service) act, 1954, as 28 of 1954 amended from time to time; and 40 (b) such pension (indudiag commutai- of pensbl), family pension and puity as are ~bie to a j  of - idrh ec-t  the slm act mid the rules made tiieremmier,  -oded from time to tiaie the chief fjedloa ~r cii' : fjecdoa com-(4) escapt where resignadoa he shill be cieealed, for the -pote of mtmioner demils oftice by  this ad, to 111m demitted  o8ia if, add only ii,-(a) lie  coiiiijiie4ed abe tend of oike spedfted  iecdoa 4 or (b) be has attained die lit of sixtyfive yean, or as the die _y be, sixfy-two years, or (c) his  0 of·~ is diedicaiiy c:erdw w lie aeaellitated by ill·hetiitia 7 every person holding office as the ch:efelection commissioner or s an election commissioner, shall be entitled to subscribe to the general provident fund (central services) right to subscribeto general provident fund other conditions of sel'vlce  8 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 10 residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are, for the time being, applicable to,-(~) a jodge of the supreme coort  c  iv of die sujll'fme court judges (cgadidom of service) ad, 1958 and the rules iii8df' ciiere-41 of 1958 udeier, !diai1, so , 88 may be, apply to the ciiief fjedion coauiiiiioaer; is () a judge of a hlp cott iihdet- cbipter iv 01 die hiih caart judges (conditioas of service) ad, 1954 _d the rules  theremlder, 28 of iv" siaaii, so f 811 -y be, apply to _ eiedion coo·    statement of objects and reasons, th~ committee' on eleetoral reforms have made ce~ 'reco'jlullendations with regard' to the terms and conditions of service of the chief '·ei~tion' commissioner and the other election co~onefb after having stu~edthose recommendations, the government have' decided that the salary, pension and other conditions of service of the cbfe!f election commissioner should be equivalent to those ola judge of the 'supreme court and the comptroller and auditor-general of india it f also decided that the salmy, pension and other conditions of service of the election commisalone1'8 should be equivalent to tn08e of a judge of a high court i ; 2 the bill seeks to achieve the above objects nw dam; dinesh goswami the 28th may, 1990 sub-clause (1) of clause 3, clause 6 and c1aule 8(i)', of _ btll pertaiu to the i8lary and other conditions of lervtee of the chief eleetdon ccnnllduioner and would involve an additional reeurtlng espendfturei of re 84,000/- per annum from the consolidate4 'pond of indta 2 sub-clause (2) of clause 8, c1auae 6 and c1aum 8 (u), of the bill pertains to the salary and other conditione of service of an election commissioner and would involve a recurring expenditure of rb 1,20,000/-, per election commiljioner, per annum from the consolidated fund of india however, as there is no post of election commissioner at present, \i'o expenditure from the consolidated fund of india would be involved 3 the bill when enacted will not involve any other recurring or non-recurrrng expenditure from the consolidated fund of india a bill - to determine the conditions of service of the chief election commissioner and other election commissioners and for matters connected therewith or incidental thereto (shri diftebh gobwa:m:i, minister c1f law 4tad jubtice) 