State Election Commissioner (Qualifications and Appointment) Act,1994
No: 22 Dated: Apr, 22 1994
THE STATE ELECTION COMMISSIONER (QUALIFICATIONS AND APPOINTMENT) ACT, 1994
ACT NO. XXII OF 1994
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. Short title:- This Act may be called the State Election Commissioner (Qualifications and Appointment) Act, 1994.
2. Definitions:- (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.
3. Qualifications for appointment:- 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.
4. Salary:- 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
5. State Election Commissioner to hold no other office:- 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 scuh business ; or
(e) if he is practising any profession, suspend practice of such profession