The State Election Commissioner (Qualifications and Appointment) Act, 1994.

1994 : Mah. XXII]  1 
THE STATE ELECTION COMMISSIONER 
(QUALIFICATIONS AND APPOINTMENT) ACT, 1994 
             [Text as on 21st March 2024] 
____________                                       
CONTENTS 
PREAMBLE.  
SECTIONS.  
1.  Short title.  
2.  Definitions.  
3.  Qualifications for appointment.  
4.  Salary.  
5.  State Election Commissioner to hold no other office.  
6.  Term of office.  
7.  Leave.  
8.  Pension payable to the State Election Commissioner.  
9.  Right to subscribe to General Provident Fund.  
10.  Other conditions of service. 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2 The State Election Commissioner [1994 : Mah. XXII 
 (Qualifications and Appointment) Act, 1994 
 
 
 
 
 
 
 
1994 : Mah. XXII] The State Election Commissioner 3 
 (Qualifications and Appointment) Act, 1994 
  LIST OF AMENDMENT ACTS 
 1. Amended by Mah.  37 of 20001 (23-06-2000) 
 2. Amended by Mah. 27 of 2012 (20-12-2012) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1  Mah. Ord. 10 of 2000 was repealed by Mah. 37 of 2000, s. 3. 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 
4 The State Election Commissioner [1994 : Mah. XXII 
 (Qualifications and Appointment) Act, 1994 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1994 : Mah. XXII] The State Election Commissioner 5 
 (Qualifications and Appointment) Act, 1994 
MAHARASHTRA ACT NO. XXII OF 19941 
[THE STATE ELECTION COMMISSIONER (QUALIFICATIONS AND APPOINTMENT)  
ACT, 1994.] 
[This Act received the assent of the Governor on the 22nd April 1994; assent first published, 
 in the Maharashtra Government Gazette, Part IV, on the 22nd April 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 h ereby 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.— 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.  
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.  
2[4.  Salary.— There shall be paid to the State Election Commissioner,—  
(a) during the period from the 1 st day of January 1996 to the 3 1st 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 as suming 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 Govern ment 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 Par liament 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 such business ; or  
(e) if he is practising any profession, suspend practice of such profession.  
                                                           
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette  1994, L. C. Bill No. IX of 1994,  
Extraordinary, Part V, dated the 21st April 1994, Page 184. 
2  This section was substituted by Mah. 37 of 2000, s. 2. 
6 The State Election Commissioner [1994 : Mah. XXII 
 (Qualifications and Appointment) Act, 1994 
6.  Term of office. — (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.  
7.  Leave.— The State Election Commissioner shall be entitled to 30 days 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 medical 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 e ntitled 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 c ompensatory 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.  
8.  Pension payable to the State Elect ion Commissioner. — (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 Commissioner 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, 1[a pension at the rate of rupees four thousand seven hundred and sixtee n 
per annum with effect from the 1 st day of June 2000, for each completed year of service or a part 
thereof in the State Election Commission and irrespective of the number of years of service in the State 
Election Commission, the maximum amount of pension he may be drawing together with the 
additional pension payable under this sub -section shall not exceed rupees one lakh fifty six thousand 
per annum during the period from the 1 st day of June 2000 to the 31 st day of March 2004;  and rupees 
two lakh thirty four thousand per annum from the 1st day of April 2004:]  
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.  
                                                           
1  This portion was s ubstituted for the portion beginning with the words “a pension at the rate of” and ending with the 
words “rupees three thousand five hundred per annum” by Mah. 27 of 2012, s. 2. 
1994 : Mah. XXII] The State Election Commissioner 7 
 (Qualifications and Appointment) Act, 1994 
(3) Except where the State 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  
(b) his demission of office is medically certified to be necessitated by ill-health.  
9.  Right to subscribe to General Provident Fund.— 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 Ele ction 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 applicabl e to him 
immediately before the date of assuming office as the State Election Commissioner.  
10.  Other conditions of service. — Save as otherwise provided in this Act, the conditions of 
service relating to the dearness allowance (including on pension), com pensatory 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.  
 

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