Act 008 of 2003 : Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2002

Preamble

Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 20021

[Act 8 of 2003][7th January, 2003]

[Repealed by Act 19 of 2015*]

An Act further to amend the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

1 Received the assent of the President on 7-1-2003 and published in the Gazette of India, Extra., Part II, Section 1, dated 7-1-2003, pp. 1-2, No. 8.

* Ed.: Act 8 of 2003 repealed by Act 19 of 2015, S. 2 & Sch.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the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;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."

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2002.

(2) It shall be deemed to have come into force on the 1st day of January, 1996.

Section 2. Amendment of Section 16-A of Act 41 of 1958

2. Amendment of Section 16-A of Act 41 of 1958.-In the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (41 of 1958), in Section 16-A, in sub-section (1),-

(i) in clause (a),-

(A) for the words "family pension calculated at the rate of sixty per cent of the pension admissible to him", the words "family pension calculated at the rate of fifty per cent of his salary" shall be substituted;

(B) for the words "and thereafter at the rate of half of the family pension so admissible", the words "and thereafter at the rate of thirty per cent of his salary" shall be substituted;

(ii) in clause (b), for the words "family pension shall be thirty per cent of the pension admissible", the words "family pension shall be thirty per cent of his salary" shall be substituted;

(iii) before the Explanation, the following proviso shall be inserted, namely:-

"Provided that in no case the amount of family pension calculated under this sub-section shall exceed the pension payable to the Judge under this Act.".

SECTIONS