GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

Maharashtra  Act  No.  XXII  Of  1994

THE STATE ELECTION COMMISSIONER
(QUALIFICATIONS AND APPOINTMENT) ACT, 1994.

(  As  modified  upto  the  15th  August,  2012  )

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1994 : Mah. XXII ]

(i)

 THE   STATE  ELECTION  COMMISSIONER
(QUALIFICATIONS  AND  APPOINTMENT)  ACT,  1994

——————

CONTENTS

PREAMBLE.

SECTIONS.

1.

2.

3.

4.

5.

6.

7.

8.

9.

Short title.

Definitions.

Qualifications for appointment.

Salary.

State Election Commissioner to hold no other office.

Term of office.

Leave.

Pension payable to the State Election Commissioner.

Right to subscribe to General Provident Fund.

10.

Other conditions of service.

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1994 : Mah. XXII]

MAHARASHTRA  ACT NO.  XXII  OF  1994

1

[THE STATE ELECTION COMMISSIONER (QUALIFICATIONS AND APPOINTMENT) ACT, 1994.]1

(This  Act  received  the  assent  of  the  Governor  on  the  22nd  April  1994  ;  assent  was

published  in the Maharashtra  Government  Gazette.  Part  IV,  on the  22nd April  1994.]

Amended by Mah. 37 of 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 :—
1. This  Act  may  be  called  the  State  Election  Commissioner  (Qualifications  and

Appointment) Act, 1994.

2.

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.

Short  title.

Definitions.

3. 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.

Qualifications
for
appointment.

2[4. 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.

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.]

5. 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

1  For Statement    of    Objects    and    Reasons,    see Maharashtra    Government    Gazette,  1994,

Pa rt  V,  P.    184.

2  This  section  was  substituted  by  Mah.  37  of  2000,  S.  2.

H  24-2

State  Election
Commissioner
to  hold  no
other  office.

2

State Election Commissioner (Qualifications and

[1994 : Mah. XXII

appointment) Act, 1994

(d) if he is carrying on any business sever his connection (short of divesting himself of

ownership) with the conduct and management of scuh business ; or

(e) if he is practising any profession, suspend practice of such profession.

Term  of
office.

6.

(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.

Leave.

7. The State Election Commissioner shall be entitled to 30 dyas earned leave in a calendar
year and it shall be credited to his leave account, in advance in two instalments 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 madical 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.

Pension
payable  to
the  State
Election
Commissioner.

8.

(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 Commssioner 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 :

1994 : Mah. XXII]

State Election Commissioner (qualifications and
Appointment) Act, 1994

3

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 Sate 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

(d) his demission of office is medically certified to be necessitated by ill-health.

9. 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.

10. 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.

Right  to
subscribe  to
General
Provident
Fund.

Other
conditions  of
service.

H  24-2,475  Bks.-11.2012

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