High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 20051
| [Act 46 of 2005] | [15th September, 2005] |
[Repealed by Act 19 of 2015*]
An Act further to amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
1 Received the assent of the President on 15-9-2005 and published in the Gazette of India, Extra., Part II, Section 1, dated 16-9-2005, pp. 1-4, No. 52.
* Ed.: Act 46 of 2005 repealed by Act 19 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015:
"4. Savings.- The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."
Chapter 1 - Preliminary
1. Short title and commencement.-(1) This Act may be called the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2005.
(2) It shall be deemed to have come into force on the 1st day of April, 2004.
Chapter 2 - Amendment of the High Court Judges (Salaries and Conditions of Service) Act, 1954
2. Amendment of Section 17-A.-In the High Court Judges (Salaries and Conditions of Service) Act, 1954 (28 of 1954) (hereinafter referred to as the High Court Judges Act), in Section 17-A, in sub-section (1),-
(i) after the words "family pension calculated at the rate of fifty per cent of his salary", the words "plus fifty per cent of his dearness pay" shall be inserted;
(ii) for the words ‘and thereafter at the rate of thirty per cent of his salary subject to a minimum of twelve hundred and seventy-five rupees per month", the words "and thereafter at the rate of thirty per cent of his salary plus thirty per cent of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per month" shall be substituted.
3. Amendment of Section 22-A.-In Section 22-A of the High Court Judges Act, in sub-section (2), for the words "of ten thousand rupees", the words "equivalent to an amount of thirty per cent of the salary plus thirty per cent of the dearness pay" shall be substituted.
4. Amendment of Section 22-C.-In Section 22-C of the High Court Judges Act, for the words "three thousand" and "two thousand", the words "seven thousand five hundred" and "six thousand" shall respectively be substituted.
5. Amendment of the First Schedule.-In the First Schedule to the High Court Judges Act,-
(a) in Part I,-
(i) in Paragraph 2,-
(A) in clause (a), for the letters and figures "Rs 14,630", the letters and figures "Rs 21,945" shall be substituted;
(B) in clause (b), for the letters and figures "Rs 11,150", the letters and figures "Rs 16,725" shall be substituted;
(C) in the proviso, for the letters and figures "Rs 1,80,000" and "Rs 1,56,000", the letters and figures "Rs 2,70,000" and "Rs 2,34,000" shall respectively be substituted;
(ii) in Paragraph 8, for the letters and figures "Rs 1,80,000", the letters and figures "Rs 2,70,000" shall be substituted;
(iii) in Paragraph 9, for the letters and figures "Rs 51,190", the letters and figures "Rs 76,785" shall be substituted;
(b) in Part II,-
(i) in the proviso to Paragraph 2, for the letters and figures "Rs 1,80,000" and "Rs 1,56,000", the letters and figures "Rs 2,70,000" and "Rs 2,34,000" shall respectively be substituted;
(ii) in Paragraph 3, for the figures "11,265", "13,520", "15,766", "18,022", "20,280" and "22,533", the figures "16,898", "20,280", "23,649", "27,033", "30,420" and "33,799" shall respectively be substituted;
(c) in Part III,-
(i) in Paragraph 2,-
(A) in clause (b), for the letters and figures "Rs 5200", the letters and figures "Rs 7800" shall be substituted;
(B) in the proviso, for the letters and figures "Rs 1,80,000" and "Rs 1,56,000", the letters and figures "Rs 2,70,000" and "Rs 2,34,000" shall respectively be substituted.
Chapter 3 - Amendment of the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
6. Amendment of Section 13.-In Section 13 of the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (41 of 1958) (hereinafter referred to as the Supreme Court Judges Act), clause (a) shall be omitted.
7. Insertion of new Section 13-A.-After Section 13 of the Supreme Court Judges Act, the following section shall be inserted, namely:-
"13-A. Benefit of added years of service.-Subject to the provisions of this Act, a period of ten years shall be added to the service of a Judge for the purposes of his pension, who qualified for appointment as such judge under sub-clause (b) of clause (3) of Article 124 of the Constitution.".
8. Amendment of Section 16-A.-In the Supreme Court Judges Act, in Section 16-A, in sub-section (1),-
(i) in clause (a),-
(A) after the words "family pension calculated at the rate of fifty per cent of his salary", the words "plus fifty per cent of his dearness pay" shall be inserted;
(B) after the words "and thereafter at the rate of thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted;
(ii) in clause (b), after the words "family pension shall be thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted.
9. Amendment of Section 23.-In Section 23 of the Supreme Court Judges Act, in sub-section (1-A), for the words "of ten thousand rupees", the words "equivalent to an amount of thirty per cent of the salary plus thirty per cent of the dearness pay" shall be substituted.
10. Amendment of Section 23-B.-In Section 23-B of the Supreme Court Judges Act, for the words "four thousand" and "three thousand", the words "ten thousand " and "seven thousand five hundred" shall respectively be substituted.
11. Amendment of the Schedule.- In the Schedule to the Supreme Court Judges Act,-
(a) in Part I,-
(i) in Paragraph 2,-
(A) the words "and who has completed not less than seven years of service for pension as a Judge in India" shall be omitted;
(B) in clause (b), for the letters and figures "Rs 4020", "Rs 1,21,880" and "Rs 10,240", the letters and figures "Rs 6030", "Rs 1,82,820" and "Rs 15,360" shall respectively be substituted;
(C) in the proviso, for the letters and figures "Rs 1,98,000", the letters and figures "Rs 2,97,000" shall be substituted;
(ii) in Paragraph 3,-
(A) the words "and who has completed not less than seven years of service for pension as a Judge in India" shall be omitted;
(B) in the proviso, for the letters and figures "Rs 1,80,000", the letters and figures "Rs 2,70,000" shall be substituted;
(iii) Paragraph 5 shall be omitted;
(b) in Part II,-
(i) in Paragraph 2,-
(A) in clause (b), for the letter and figures "Rs 11,265", the letters and figures "Rs 16,898" shall be substituted;
(B) in the proviso, for the letters and figures "Rs 1,98,000" and "Rs 1,80,000", the letters and figures "Rs 2,97,000" and "Rs 2,70,000" shall respectively be substituted;
(c) in Part III,-
(i) Paragraph 2,-
(A) in clause (b), for the letters and figures "Rs 5200", the letters and figures "Rs 7800" shall be substituted;
(B) in the proviso, for the letters and figures "Rs 1,98,000" and "Rs 1,80,000", the letters and figures "Rs 2,97,000" and "Rs 2,70,000" shall respectively be substituted.