Section 6   [ View Judgements ]

Amendment in regulation 8


In the said regulations, for regulation 8, the following regulation shall be substituted, namely:-



"8. Pension payable to the Chairman and Members.-(1) A person who, immediately before the date of assuming office as the Chairman or a Member was in service of Government, shall be deemed to have retired from service on the date on which he enters upon office as the Chairman or a Member but his subsequent service as the Chairman or a Member shall be reckoned as continuing approved service counting for pension in service to which he belonged.



(2) Where the Chairman or a Member demits office [whether in any manner specified in sub-regulation (3) or by resignation], he shall on such demission be entitled to-



(a) a pension which is equal to the pension payable to the Chief Election Commissioner or an Election Commissioner in accordance with the provisions of the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, 1991(11 of 1991) as amended from time to time, for the period he served as the Chairman or Member, as the case may be; and



(b) such pension (including commutation of pension), family pension and gratuity as are admissible to the Chief Election Commissioner or an Election Commissioner under the said Act and the rules made thereunder, as amended from time to time.



(3) Except where the Chairman or a Member demits office by resignation, he shall be considered for the purpose of these regulations, to have demitted his office if, and only if-



(a) he has completed the term of office; or



(b) he had attained the age of sixty five years; or



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

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