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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 57]
NEW DELHI, THURSDAY, DECEMBER 28, 2023/PAUSHA 7, 1945 (SAKA)
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REGISTERED NO. DL—(N)04/0007/2003—23
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 28th December, 2023/Pausha 7, 1945 (Saka)
The following Act of Parliament received the assent of the President on the
28th December, 2023 and is hereby published for general information:—
THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION
COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE
AND TERM OF OFFICE) ACT, 2023
NO. 49 OF 2023
[28th December, 2023.]
An Act to regulate the appointment, conditions of service and term of office of the
Chief Election Commissioner and other Election Commissioners, the
procedure for transaction of business by the Election Commission and for
matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Chief Election Commissioner and other Election
Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Short title and
commencement.
सी.जी.-डी.एल.-अ.-02012024-250952
CG-DL-E-02012024-250952
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) "Chief Election Commissioner" means the Chief Election Commissioner
appointed under clause (2) of article 324 of the Constitution and in accordance with this
Act;
(b) "Election Commission" means the Election Commission referred to in clause (1)
of article 324 of the Constitution;
(c) "Election Commissioner" means any other Election Commissioner appointed
under clause (2) of article 324 of the Constitution and in accordance with this Act;
(d) "Search Committee" means the Search Committee for preparation of panel of
persons for consideration for appointment as Chief Election Commissioner and other
Election Commissioners; and
(e) "Selection Committee" means the Selection Committee that recommends
appointment of Chief Election Commissioner and other Election Commissioners.
CHAPTER II
APPOINTMENT AND TERM OF CHIEF ELECTION COMMISSIONER AND OTHER
ELECTION COMMISSIONERS
3. The Election Commission shall consist of—
(a) Chief Election Commissioner; and
(b) such number of other Election Commissioners as the President may fix from
time to time.
4. The Chief Election Commissioner and other Election Commissioners shall be appointed
by the President by warrant under his hand and seal.
5. The Chief Election Commissioner and other Election Commissioners shall be appointed
from amongst persons who are holding or have held a post equivalent to the rank of Secretary
to the Government of India and shall be persons of integrity, who have knowledge of and
experience in management and conduct of elections.
6. A Search Committee headed by the Minister of Law and Justice and comprising two
other members not below the rank of Secretary to the Government of India, shall prepare a
panel of five persons for consideration of the Selection Committee, for appointment as the
Chief Election Commissioner and other Election Commissioners.
7. (1) The Chief Election Commissioner and other Election Commissioners shall be
appointed by the President on the recommendation of a Selection Committee consisting of—
(a) the Prime Minister—Chairperson;
(b) the Leader of Opposition in the House of the People—Member;
(c) a Union Cabinet Minister to be nominated by the Prime Minister—Member.
Explanation.—For the purposes of removal of doubts, it is hereby declared that where
the Leader of Opposition in the House of the People has not been recognised as such, the
leader of the single largest party in opposition of the Government in the House of the People
shall be deemed to be the Leader of Opposition.
Election
Commission.
Appointment
of Chief
Election
Commissioner
and other
Election
Commissioners.
Search
Committee.
Qualifications
of Chief
Election
Commissioner
and other
Election
Commissioners.
Selection
Committee.
Definitions.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
3
(2) The appointment of Chief Election Commissioner and other Election Commissioners
shall not be invalid merely by reason of any vacancy in or any defect in the constitution of,
the Selection Committee.
8. (1) The Selection Committee shall regulate its own procedure in a transparent
manner for selecting the Chief Election Commissioner or other Election Commissioners.
(2) The Selection Committee may also consider any other person than those included
in the panel by the Search Committee.
9. (1) The Chief Election Commissioner and other Election Commissioners shall hold
office for a term of six years from the date on which he assumes his office or till he attains the
age of sixty-five years, whichever is earlier.
(2) The Chief Election Commissioner and other Election Commissioners shall not be
eligible for re-appointment.
(3) Where an Election Commissioner is appointed as Chief Election Commissioner, his
term of office shall not be more than six years in aggregate as the Election Commissioner
and the Chief Election Commissioner.
CHAPTER III
SALARY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION COMMISSIONER
AND OTHER ELECTION COMMISSIONERS
10. (1) The Chief Election Commissioner and other Election Commissioners shall be
paid a salary which is equal to the salary of a Judge of the Supreme Court:
Provided that the salary, allowances and other conditions of service of the Chief
Election Commissioner and other Election Commissioners, holding office immediately before
the date of commencement of this Act shall not be varied to their disadvantage.
(2) If a person who, immediately before the date of assuming office as the Chief
Election Commissioner or an Election Commissioner, was in receipt of, or being eligible so to
do, had elected to draw, a pension (other than a disability or wound pension) in respect of
any previous service under the Central Government or a State Government, his salary in
respect of service as the Chief Election Commissioner or 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.
(3) The Chief Election Commissioner and other Election Commissioners shall be entitled
to dearness allowance as may be admissible to Judge of the Supreme Court.
(4) The Chief Election Commissioner and other Election Commissioners shall be entitled
to encashment of fifty per cent. of earned leave to his credit at the time of completion of
tenure.
(5) Where the Chief Election Commissioner or an Election Commissioner had retired
from the service of the Central Government or a State Government prior to appointment as
such, the aggregate period for which the encashment of unutilised earned leave he shall be
entitled, shall be subject to a maximum period as admissible in accordance with the rules for
the time being applicable to the service to which he belonged before his appointment as
Chief Election Commissioner or an Election Commissioner.
11. (1) The Chief Election Commissioner or an Election Commissioner may, at any
time, by writing under his hand addressed to the President, resign his office.
Power of
Selection
Committee to
regulate its
own
procedure.
Term of office.
Salary, etc.
Resignation
and removal.
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
(2) The Chief Election Commissioner shall not be removed from his office except in
like manner and on the like grounds as a Judge of the Supreme Court.
(3) The other Election Commissioners shall not be removed from office except on the
recommendation of the Chief Election Commissioner.
12. (1) The Chief Election Commissioner or an Election Commissioner may be granted
leave in accordance with the rules for the time being applicable to the service to which he
belonged before the date of his appointment and he shall be entitled to carry forward the
leave standing at his credit on such date, irrespective of the provisions contained in
section 13.
(2) 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.
13. (1) Where the Chief Election Commissioner or an Election Commissioner was in
service of Government, he shall be deemed to have retired from the service on the date on
which he enters upon office as the Chief Election Commissioner or an Election Commissioner,
as the case may be.
(2) The Chief Election Commissioner or other Election Commissioners who at the
time of his appointment as such, was in service of the Central Government or a State
Government, shall at his option to be exercised within a period of six months from the date
of such appointment, be entitled to draw his pension and other retirement benefits under
the rules applicable to the service to which he belonged, with effect from the date of his
appointment as the Chief Election Commissioner or other Election Commissioner.
(3) Except where the Chief Election Commissioner or an Election Commissioner demits
office by resignation, he shall be deemed, for the purposes of this Act, to have demitted his
office only if,—
(a) he has completed the term of office specified in section 9; or
(b) he has attained the age of sixty-five years; or
(c) his demission of office is medically certified to be necessitated by ill-health.
14. Every person holding office as the Chief Election Commissioner or an Election
Commissioner shall be entitled to subscribe to the General Provident Fund under the General
Provident Fund (Central Services) Rules, 1960.
15. Save as otherwise provided in this Act, the President may by rules determine the
conditions of service relating to travelling allowance, medical facilities, leave travel
concession, conveyance facilities, and such other conditions of service relating to the
Chief Election Commissioner and other Election Commissioners.
16. Notwithstanding anything contained in any other law for the time being in force,
no Court shall entertain or continue any civil or criminal proceedings against any person
who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing
or word, committed, done or spoken by him when, or in the course of acting or purporting
to act in the discharge of his official duty or function.
CHAPTER IV
TRANSACTION OF BUSINESS OF ELECTION COMMISSION
17. The business of the Election Commission shall be transacted in accordance with
the provisions of this Act.
Leave.
Right to
subscribe to
General
Provident
Fund.
Pension.
Other
conditions of
service.
Protection of
Chief Election
Commissioner
and other
Election
Commissioners.
Transaction of
business.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
5
18. (1) The Election Commission may, by unanimous decision, regulate the procedure
for transaction of its business and also allocation of its business amongst the Chief Election
Commissioner and other Election Commissioners.
(2) All business of the Election Commission shall, as far as possible, be transacted
unanimously, and if the Chief Election Commissioner and other Election Commissioners
differ in opinion on any matter, such matter shall be decided according to the opinion of the
majority.
CHAPTER V
MISCELLANEOUS
19. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, within a period of five years from the date of commencement of this Act,
by order not inconsistent with the provisions of this Act, remove the difficulty.
(2) Every order made under sub-section (1) shall, as soon as may be after it is made,
be laid before each House of Parliament.
20. Every rule and order made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or order, or both
Houses agree that the rule or order should not be made, the rule or order shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or order.
21. (1) The Election Commission (Conditions of Service of Election Commissioners
and Transaction of Business) Act, 1991 is hereby repealed.
(2) Anything done or any action taken or purported to have been done or taken under
the Act hereby repealed shall, insofar as it is not inconsistent with the provisions of this
Act, be deemed to have been done or taken under the corresponding provisions of this Act.
(3) The mention of particular matters in sub-section (2) shall not be held to prejudice
or affect the general application of section 6 of the General Clauses Act, 1897 with regard to
the effect of repeal.
————
S.K.G. RAHATE,
Secretary to the Govt. of India.
Power to
remove
difficulties.
Repeal and
saving.
Laying.
11 of 1991.
10 of 1897.
Disposal of
business.
MGIPMRND—535GI—28.12.2023.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Kshitiz
Mohan
Digitally signed by Kshitiz Mohan
DN: c=IN, st=Delhi,
2.5.4.20=e8b886a9336825f4d863142c634f2f25e2e76d2f0b5f069af1775fa98f7ccd
ab, postalCode=110002, street=Minto Road New Delhi,
pseudonym=5c90ab0ba7a48905de2428b65504151c,
serialNumber=0a5dc5b84f902a7bf2d6ed41c0c26429a0d4d5848dd23eb18886ab
aeea31b247, ou=Deputy Manager, o=Government of India Press, cn=Kshitiz
Mohan
Date: 2024.01.02 11:24:54 +05'30'