High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 [Repealed]

ACTNO. 28 OF 1954

03 September, 2017

Repealed by Act 31 of 2019, Sch. I, S. 2, dated 8-8-2019

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

PREAMBLE

Be it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows

Chapter I

PRELIMINARY

Section 1. Short title and commencement

(1) This Act may be called the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016.

(2) The provisions of Section 8 shall be deemed to have come into force on the 1st day of April, 2004 and the remaining provisions shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Chapter II

AMENDMENT OF THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1954

Section 2. Amendment of Section 2

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 2,

(a) in sub-section (1),

(i) in clause (b), the words, brackets and figures under sub-section (2) of Section 222 of the Government of India Act, 1935 or shall be omitted;

(ii) in clause (d), the words, brackets and figures under sub-section (3) of Section 222 of the Government of India Act, 1935 or shall be omitted;

(iii) clause (e) shall be omitted;

(b) in sub-section (2), for the words previous service for any period or periods as acting Judge or additional Judge or as a Judge of a former Indian High Court , the words service for any period or periods as acting Judge or additional Judge shall be substituted;

Section 3. Amendment of Section 3

In the High Court Judges Act, in Section 3, after sub-section (2), the following sub-section shall be inserted, namely

(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed. .

Section 4. Amendment of Section 4-A

In the High Court Judges Act, in Section 4-A, for the words in respect of the period of earned leave at his credit , the words in respect of the period of leave at his credit, calculated on full allowances basis, shall be substituted.

Section 5. Substitution of new section for Section 9

In the High Court Judges Act, for Section 9, the following section shall be substituted, namely

9. Leave allowances. The monthly rate of leave salary payable to a Judge shall be in accordance with the provisions of sub-section (1) of Section 3. .

Section 6. Omission of Section 10

In the High Court Judges Act, Section 10 shall be omitted.

Section 7. Amendment of Section 14

In the High Court Judges Act, in Section 14, in the first proviso,

(i) for clause (b), the following clause shall be substituted, namely

(b) he has attained the age of sixty-two years; or ;

(ii) for the Explanation, the following shall be substituted, namely

Explanation. In this section Judge means a Judge who has not held any other pensionable post under the Union or a State and includes a Judge who having held any other pensionable post under the Union or a State has elected to receive the pension payable under Part I of the First Schedule. .

Section 8. Insertion of new Section 14-A

In the High Court Judges Act, after Section 14, the following section shall be inserted, namely

14-A. Benefit of added years of service. Subject to the provisions of this Act, a period of ten years shall be added and shall be deemed to have been added from the 1st day of April, 2004 for the purposes of pension, to the service of a Judge who is appointed as such Judge under sub-clause (b) of clause (2) of Article 217 of the Constitution. .

Section 9. Amendment of Section 15

In the High Court Judges Act, in Section 15,

(a) in sub-section (1),

(i) clause (a) shall be omitted;

(ii) in clause (b), the words is not a member of the Indian Civil Service but shall be omitted;

(iii) in the proviso for the words and figures, as the case may be, Part II or shall be omitted;

(b) in sub-section (2), the words and figures Part II or, as the case may be, shall be omitted.

Section 10. Amendment of Section 16

In the High Court Judges Act, in Section 16, in the proviso, the words and figures Part II or shall be omitted.

Section 11. Amendment of Section 17-A

In the High Court Judges Act, in Section 17-A,

(a) in sub-section (1), in the Explanation, in clause (ii), the words and figures Part II or shall be omitted;

(b) in sub-section (2), the words and figures Part II or shall be omitted.

Section 12. Omission of Section 18

In the High Court Judges Act, Section 18 shall be omitted.

Section 13. Amendment of Section 20

In the High Court Judges Act, in Section 20,

(a) in the first proviso, the words is a member of the Indian Civil Service or shall be omitted;

(b) the second proviso, shall be omitted.

Section 14. Omission of Section 23-B

In the High Court Judges Act, Section 23-B shall be omitted.

Section 15. Amendment of Section 24

In the High Court Judges Act, in Section 24, in sub-section (2), after clause (a), the following clause shall be inserted, namely

(aa) the number of casual leaves and the conditions subject to which it may be allowed under sub-section (3) of Section 3; .

Section 16. Omission of Section 25

In the High Court Judges Act, Section 25 shall be omitted.

Section 17. Amendment to First Schedule

In the High Court Judges Act, in the First Schedule,

(a) in Part I,

(i) for Paragraph 1, the following paragraph shall be substituted, namely

1. The provisions of this Part apply to a Judge who has not held any other pensionable post under the Union or a State or a Judge who having held any other pensionable post under the Union or a State has elected to receive the pension payable under this Part. ;

(ii) in Paragraph 2, for the words and who has completed not less than seven years of service shall be omitted;

(iii) Paragraphs 8 and 9 shall be omitted.

(b) Part II shall be omitted.

Chapter III

AMENDMENT OF THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958

Section 18. Amendment of Section 2

In the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (41 of 1958) (hereinafter referred to as the Supreme Court Judges Act), in Section 2, in clause (g), for the words either in the Federal Court or in the Supreme Court or in any such Court , the words in the Supreme Court shall be substituted.

Section 19. Amendment of Section 3

In the Supreme Court Judges Act, in Section 3, after sub-section (2), the following sub-section shall be inserted, namely

(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed. .

Section 20. Amendment of Section 4-A

In the Supreme Court Judges Act, in Section 4-A, for the words in respect of the period of earned leave at his credit , the words in respect of the period of leave at his credit, calculated on full allowances basis, shall be substituted.

Section 21. Substitution of new section for Section 9

In the Supreme Court Judges Act, for Section 9, the following section shall be substituted, namely

9. Leave allowances. The monthly rate of leave salary payable to a Judge shall be in accordance with the provisions of sub-section (1) of Section 3. .

Section 22. Amendment of Section 13

In the Supreme Court Judges Act, in Section 13, for the Explanation, the following Explanation shall be substituted, namely

Explanation. In this section, Judge means a Judge who has not held any other pensionable post under the Union or a State and includes a person who was in service as a Judge on the 20th May, 1954, and also includes a Judge having held any other pensionable post under the Union or a State, who has elected to receive the pension payable under Part I of the Schedule. .

Section 23. Amendment of Section 14

In the Supreme Court Judges Act, in Section 14,

(a) for sub-section (1), the following sub-section shall be substituted, namely

(1) Every Judge who has held any other pensionable post under the Union or a State shall, on his retirement, be paid a pension in accordance with the provisions of Part III of the Schedule:

Provided that every such Judge shall elect to receive the pension payable to him either under Part I of the Schedule, or as the case may be, Part III of the Schedule, and the pension payable to him shall be calculated accordingly. ;

(b) in sub-section (2), the words and figures Part II or, as the case may be, shall be omitted.

Section 24. Amendment of Section 16-A

In the Supreme Court Judges Act, in Section 16-A, in sub-section (1), the Explanation, in clause (ii), the words and figures Part II or shall be omitted.

Section 25. Omission of Section 18

In the Supreme Court Judges Act, Section 18 shall be omitted.

Section 26. Amendment of Section 20

In the Supreme Court Judges Act, in Section 20, in the first proviso, the words is a member of the Indian Civil Service or shall be omitted.

Section 27. Amendment of Section 24

In the Supreme Court Judges Act, in Section 24, in sub-section (2), after clause (a), the following clause shall be inserted, namely

(aa) the number of casual leaves and the conditions subject to which it may be allowed under sub-section (3) of section 3. .

Section 28. Amendment of Schedule

In the Supreme Court Judges Act, in the Schedule,

(a) in Part I, for Paragraph 1, the following paragraph shall be substituted, namely

1. The provisions of this Part apply to a Judge who has not held any other pensionable post under the Union or a State and also apply to a person who was in service as a Judge on the 20th May, 1954, and to a Judge who, having held any other pensionable posts under the Union or a State, has elected to receive the pension payable under this Part. ;