THE HIMACHAL PRADESH JUDICIAL OFFICERS (PAY,
ALLOWANCES AND CONDITIONS OF SERVICE) ACT, 2003
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Salaries.
3-A. Power to amend Schedule.
4. Powers to make rules.
5. Saving.
SCHEDULE
__________
THE HIMACHAL PRADESH JUDICIAL OFFICERS (PAY,
ALLOWANCES AND CONDITIONS OF SERVICE) ACT, 2003.
(ACT NO. 13 OF 2003)
1
(Received the assent of the Governor on 11
th
August, 2003 and was
published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 13
th
August, 2003, pp. 1287-1294).
An Act to provide for the regulation of the pay
2
[, allowances] and
conditions of service of the Judicial Officers in the State of
Himachal Pradesh and for matters connected therewith or
incidental thereto.
Amended, repealed or otherwise affected by,-
(i) H.P. Act No. 23 of 2006
3,
assented to by the Governor on
11
th
October, 2006, published both in Hindi and English in
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 13
th
October, 2006, pp. 5271-5275.
(ii) H.P Act No. 16 of 2007
4
assented to by the Governor on
21
st
September, 2007, published both in Hindi and English
in the Rajpatra, Himachal Pradesh dated 26
th
September,
2007, pp. 5913-5915.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
18
th
July, 2003, pp. 808 and 814.
2. Inserted vide H.P. Act No. 23 of 2006.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
25
th
August, 2006, pp. 3967 and 3969.
4. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
12
th
March, 2007, pp. 11650-11651 and 11654-11655.
2 THE HIMACHAL PRADESH JUDICIAL OFFICERS (PAY, ALLOWANCES AND
CONDITIONS OF SERVICE) ACT, 2003
(iii) H.P. Act No. 5 of 2008
1
assented to by the Governor on
28
th
April, 2008, published both in Hindi and English in the
Rajpatra, Himachal Pradesh, dated 2
nd
May, 2008, pp. 658-
660.
(iv) H.P. Act No. 23 of 2010
2
assented to by the Governor on
25
th
September, 2010, published both in Hindi and English
in the Rajpatra, Himachal Pradesh, dated 28
th
September,
2010, pp. 5089-5092, effective from. 1
st
January, 2006.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-fourth Year of the Republic of India, as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Judicial Officers (Pay
3
[, Allowances] and
Conditions of Service) Act, 2003.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall be deemed to have come into force on the First day of July,
1996.
2. Definitions.- In this Act, unless the context otherwise requires,-
4
[(a) “Allowances” means the allowances admissible to the
Judicial Officers in Himachal Pradesh on 31
st
July, 2006
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[or such other allowances
6
[XXXXXXXXXXXXX] as
may be notified from time to time by the State
Government];]
(aa) "Judicial Officers" means the persons appointed by the
State Government to the Himachal Pradesh Higher Judicial
Service and the Himachal Pradesh Judicial Service in the
State;
(b) "notification" means a notification published in the
Rajpatra, Himachal Pradesh;
(c) "prescribed" means prescribed by the rules made under this
Act;
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 20
th
March, 2008,
pp. 12926-12930 and 12935-12939.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 21
st
August,
2010, pp. 3842 and 3846.
3. Inserted vide H.P. Act No. 23 of 2006.
4. Existing clause (a) renumbered as clause (aa) and new clause (a) Inserted vide
H.P. Act No. 23 of 2006
5. Added vide H.P. Act No. 16 of 2007.
6. The words, brackets and sign “admissible within the State (other than under All
India Service Rules), in identical or similar scale or pay,” deleted vide H.P. Act
No. 5 of 2008.
THE HIMACHAL PRADESH JUDICIAL OFFICERS (PAY, ALLOWANCES AND 3
CONDITIONS OF SERVICE) ACT, 2003
(d) "SCHEDULE" means Schedule appended to this Act;
(e) "State" means State of Himachal Pradesh; and
(f) "State Government" means the Government of Himachal
Pradesh.
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[3. Salaries.- Notwithstanding anything contained in any rules made
under any other law for the time being in force, regulating the pay,
allowances and other conditions of service, or any order or judgment passed
by any court, the Judicial Officers in the State shall be paid the pay scales as
specified in the Schedule and the rates of allowances and other conditions of
service of such Officers shall be such as may be prescribed.]
2
[3-A. Power to amend Schedule.- The State Government may, by
notification published in the Official Gazette, amend or substitute the
Schedule, and thereupon the Schedule shall be deemed to have been amended
accordingly.]
4. Power to make rules.- (1) Subject to the provisions of section 3,
the State Government may, by notification in the Official Gazette, make rules
3
[with retrospective effect] regulating the
4
[pay, allowances] and conditions of
of service of the Judicial Officers.
(2) Every rule made under this section shall be laid as soon as may be
after it is made, before the Legislative Assembly, while it is in session for a
total period of not less than fourteen days which may be comprised is one
session or in two or more successive sessions and if, before the expiry of the
session in which it is so laid or the session immediately following, the
Assembly makes any modification in the rule or decides that the rule should
not be made, the rule shall thereafter have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
5. Saving.- Subject to the provisions of section 3, the rules applicable
to the Judicial Officers, immediately before the commencement of this Act
shall continue to regulate the
5
[pay, allowances] and conditions of service of
the Judicial Officers until the rules in that behalf are made under this Act.
______________
1. Section 3 amended by Act No. 23 of 2006 and substituted vide H.P. Act No. 5 of
2008.
2. Section 3-A inserted vide H.P. Act No. 23 of 2010.
3. In section 4 the words “with retrospective effect” inserted vide H.P. Act No. 5 of
2008.
4. Substituted vide Act No. 23 of 2006.
5. Substituted vide H.P. Act No. 23 of 2006.
4 THE HIMACHAL PRADESH JUDICIAL OFFICERS (PAY, ALLOWANCES AND
CONDITIONS OF SERVICE) ACT, 2003
1
[SCHEDULE
(See section 3)
The Pay Scales for different cadres of the Judicial Officers:
1. Civil Judge (Junior Division),-
(a) Initial Scale:- Rs. 27,700-770-33090-920- 40540-1080-
44770.
(b) First stage Assured Career Progression Scale, after five years
of service: Rs. 33090-920-40540-1080-45850.
(c) Second stage Assured Career Progression Scale, after another
five years of service:- Rs. 39530-920-40450-1080-49090-
1230-54010.
2. Civil Judge (Senior Division),-
(a) Initial Scale:- Rs. 39530-920-40450-1080-49090-1230-
54010.
(b) First stage Assured Career Progression Scale, after five years
of service: Rs. 43690-1080-49090-1230-56470.
(c) Second stage Assured Career Progression Scale, after another
five years of service:- Rs. 51550-1230-58930-1380-63070.
3. District Judges Cadre,-
(a) Initial Scale:- Rs. 51550-1230-58930-1380-63070.
(b) Selection Grade: (Available to 25% Officers of the cadre): Rs.
57700-1230-58930-1380-67210-1540-70290.
(c) Super Time Scale (Available to 10% Officers of the cadre) :
Rs.70290-1540-76450.]
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1. SCHEDULE substituted vide H.P. Act No. 23 of 2010.