Registered No. WB/SC-247 No. WB(Part-III)/2010/SAR-30 Tbr Rothata vette ifiliA4q;
Extraordinary Published by Authority ASVINA 13] TUESDAY, OCTOBER 5, 2010 [SAKA 1932
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1417-L.-5th October, 2010.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXXI of 2010 THE WEST BENGAL STATE ELECTION COMMISSION (AMENDMENT) ACT, 2010.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 5th October, 2010.]
An Act to amend the West Bengal State Election Commission Act, 1994.
WHEREAS it is expedient to amend the West Bengal State Election Commission Act, 1994, for the purpose and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:- West Ben. Act VIII of 1994.
Short title and commencement. 1. (1) This Act may be called the West Bengal State Election Commission (Amendment) Act, 2010.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 [PART III Insertion of new section 3A after section 3 of West Ben. Act VIII of
1994.
The West Bengal State Election Commission (Amendment) Act, 2010.
(Section 2.)
2. In the West Bengal State Election Commission Act, 1994, after section 3, the following section shall be inserted:— "Appointment and other conditions of service etc. of State Election Commissioner.
3A. (1) The State Election Commissioner shall be appointed from amongst, the persons, who had been or are in an All India Service or in any Civil Service of the State or in a civil post under the State Government for not less than twenty-five years, having knowledge and experience in conducting elections.
(2) There shall be paid to the State Election Commissioner such salary which is equal to the salary of a Judge of the High Court:
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 a disability or wound pension) in respect of any previous service under the Government of the Union or under the Government of a State, his salary in respect of service as the State Election Commissioner shall be reduced—
(a) by the amount of that pension, and
(b) if he had, before assuming of 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 State Election Commissioner shall hold office for a term of six years from the date on which he assumes his office:
Provided that where the State Election Commissioner attains the age of sixtyfive years before the expiry of the term of six years, he shall vacate his office on the date on which he attains the said age:
Explanation.—For the purpose of this section, the term of six years in respect of State Election Commissioner holding office immediately before the commencement of this Act, shall be computed from the date on which he had assumed office:
Provided further that where no appointment is made on the expiry of term of the State Election Commissioner in position, the incumbent would continue in office for a period of not more that two months thereafter or till the new incumbent is appointed, whichever is earlier.
(4) (a) A person who, immediately before the date of assuming office as the State Election Commissioner, was in service of Government may be granted during his tenure of office but not thereafter leave in accordance with the rules for the time being applicable to the Service to which he belonged before such date and he shall be entitled to carry forward the account of leave standing at this credit on such date, notwithstanding anything contained in sub-section (5).
(b) 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.
(5) (a) A person, who immediately before the date of assuming office as the State Eieclion Commissioner was in service of 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.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 5, 2010 3 The West Bengal State Election Commission (Amendment) Act, 2010.
(Section 2.)
(b) Where the State Election Commissioner demits office (whether in any manner specified in clause (c) or by resignation), he shall, on such demission be entitled to—
(i) a pension which is equal to the pension payable to a Judge of the High Court in accordance with the provisions of part III of the First Schedule to the High Court Judges (Salaries and Conditions of Service) Act, 1954, for the period of his service rendered as the said Election Commissioner after deduction of such period, if any, reckoned in terms of clause (a), as continuing approved service counting for pension in service to which he earlier belonged; and
(ii) such pension (including commutation of pension) as referred to in subclause (i), family pension and gratuity as are admissible to a Judge of the High Court under the said Act and the rules made thereunder.
(c) Except where the State Election Commissioner demits office by resignation, he shall be deemed, for the purposes of this Act, to have demitted his office if, and only if,—
(i) he has completed the term of office specified in sub-section (3), or
(ii) he has attained the age of sixty-five years, or
(iii) his demission of office is medically certified to be necessitated by ill health.
(6) Every person holding office as the State Election Commissioner shall be entitled to subscribe to the General Provident Fund.
(7) Save as otherwise provided in this Act, the conditions of service relating to travelling allowance, provision of rent-free residence and conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are for the time being applicable to a Judge of High Court under Chapter IV of the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the rules made thereunder, shall, as far as may be deemed appropriate, apply to the State Election Commissioner.".
28 of 1954.
By order of the Governor, K. Y. S. MANHAS, Pr. Secy.-in-charge to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056 Page 1 Page 2 Page 3