REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 68] NEW DELHI, WEDNESDAY, DECEMBER 10, 1980/AGRAHAYANA 19, 1902 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi the 10th December, 1980/Agrahayana 19, 1902 {Saka) The following Act of Parliament received the assent of the President on the 10th December, 1980, and is hereby published for general information : — THE HIGH COURT AND SUPREME COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT, 1980 No. 57 OF 1980 [10th, December, 1980] An Act further to amend the High Court Judges (Conditions of Service) Act, 1954, and the Supreme Court Judges (Conditions of Service) Act, 1958.
BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows: —
CHAPTER I PRELIMINARY
1. This Act may be called the High Court and Supreme Court Judges Short (Conditions' of Service) Amendment Act, 1980. title.
CHAPTER II AMENDMENT OF THE HIGH COURT JUDGES (CONDITIONS OP SERVICE) ACT, 1954
2. In section 2 of the High Court Judges (Conditions of Service) Amend- 28 of 1954, Act, 1954 (hereafter in this Chapter referred to as the High Court ment of Judges Act), in clause (h) of sub-section (1), for sub-clause (ii), the section 2.
following sub-clause shall be substituted, namely: — " (ii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;".
(619) 620 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amend. 3. In section 9 of the High Court Judges Act, to sub-section (1), the ment of following proviso shall be added, namely: — section 9, "Provided that where Ieave on full allowances is granted to a Judge on medical certificate, the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave, be a rate equal to the monthly rate of his salary.".
Amend- 4. In the High Court Judges Act. in the Explanation to section 14 and ment of j n section 15, for the words "pensionable civil post", wherever they occur, sections ^ e WOrds "pensionable post" shall be substituted and shall be deemed 14 and 15. , _ , - , - , , .., . n always to have been substituted.
section 5 After section 22C of the High Court Judges Act, the following • section shall be inserted and shall be deemed to have been inserted with Exemp, e f f e c t f r o m t b e l s t d of A -̂ l g ? 5 j n a m e l y . _ tion from Uabi- '22D. Notwithstanding anything contained in the Income-tax Act, H t y t o 1961 — 43 of 1961.
pay income- (a) the value of rent-free official residence provided to a certain Judge under sub-section (2) of section 22A; or qUigites (b) the allowance paid to him under sub-section (2) of that or allow- section, a n c e shall not be included in the computation of his income chargeable ed by" under the head "Salaries" under section 15 of the Income-tax Act, a Judse. 1961.'.
Amend- 6. In the First Schedule to the High Court Judges Act,— ™en to f (a) in paragraph 1 of Part I, for the words "pensionable civil ggj^ post", at both the places where they occur, the words "pensionable dule. post" shall be substituted and shall be deemed always to have been substituted;
(b) in paragraph 1 of Part III, for the words "civil pensionable post", the words "pensionable post" shall be substituted and shall be deemed always to have been substituted.
CHAPTER III AMENDMENT OF THE SUPREME COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1958 Amend- '• *" section 2 of the Supreme Court Judges (Conditions of Service) ment of Act, 1958 (hereafter in this Chapter referred to as the Supreme Court 4* °* !958.
section 2. Judges Act), in clause (h), for sub-clause (Hi), the following sub-clause shall be substituted, namely: — " (in) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;".
Amend- 8. In section 9 of the Supreme Court Judges Act, to sub-section (1), mentor the following proviso shall be added, namely: — s e c o n " "Provided that where leave on full allowances is granted to a Judge on medical certificate, the monthly rate of leave allowances rfflEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 621 shall, for the first one hundred and twenty days of such leave, be a rate equal .to the monthly rate of his salary.".
9. In the Supreme Court Judges Act, in the Explanation to section 13, Amendin section 14, in paragraph 1 of Pert I, and in paragraph 1 of Part III, of ment of the Schedule, for the words "pensionable civil post", wherever they sections occur, the words "pensionable post'' shall be substituted and shall be 14 *^d deemed always to have been substituted. Schedule.
10. After section 23C of the Supreme Court Judges Act, the following Inser_ section shall be inserted and shall be deemed to have been inserted ttonof with effect from the 1st day of April, 1975, namely:— ne^.
23D.
'23D. Notwithstanding anything contained in the Income-tax Exemp.
•i-&ei 1961. Act, 1961, the value of rent-free official residence provided to a tion Judge under sub-section (1) of section 23 shall not be included in ^ j ?
the computation of his income chargeable under the head "Salaries" ntyto under section 15 of the Income-tax Act, 1961.'. pay incometax on certain perquisites received by a Judge.
R. V. S. PERI SASTRI, Secy, to the Govt, of India.
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