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The High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1989

Amendment Act · 19894,711 characters of text

The enactment

TypeAmendment Act
Year1989
StatusIn force as published by the source
TextPublished as one document, as the source published it

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

REGISTERED No. D(DN)127/88 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 37] NEW DELHI, THURSDAY, AUGUST 31, 1989/BHADRA 9, 1911 Separate Paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 31st August, 1989/Bhadra 9, 1911 (Saka) The following Act of Parliament received the assent of the President on the 30th August, 1989, and is hereby published for general information:— THE HIGH COURT AND SUPREME COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT, 1989 No 32 OF 1989 [36th August, 1989.] 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 Fortieth Year of the Republic of India as follows: —

CHAPTER I PRELIMINARY

1. (1) This Act may be called the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1989.

(2) The provisions of sections 2, 4 and 5 shall be deemed to have come into force on the 1st day of November, 1986 and the provisions of sections 3 and 6 shall be deemed to have come into force on the 1st day of April, 1986. Short title and commencement.

( 1 ) 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amenndment ot section 4. Amendment of section 9. Amendment of section

17A. Amend, ment of section 4. Amendment of section 9. Amendment of section 13A,

CHAPTER II AMENDMENT OF THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1954

2. In, section 4 of the High Court Judges (Conditions of Service) Act, 1954 (hereafter in this Chapter referred to as the High Court Judges Act,), in sub-section (2), in clause (a), in suhrdause (in), for the words •one hundred and eighty days", the words "two hundred and forty days" shall bo substituted.

3. In section 9 of the High Court Judges Act,—

(a) in sub-section, (1), for the words "and thereafter two thousand two hundred and twenty rupees", the words "and thereafter, in the case of the Chief Justice, fifty-five per cent, of the monthly rate of his salary and in the case of each ox the other Judges, sixty per cent, of th e monthly rate of his salary" shall be substituted;

(b) in sub-section (2), for the words "one thousand one hundred and ten rupees", the words ",in the case of the Chief Justice, twentyseven and a half per cent, of the monthly rate of his salary and in the case of each of the other Judges, thirty per cent, of the monthly rate of his salary" shall be substituted.

4. In. section 17A of the High Court Judges Act, in sub-section Q), for the words "family pension so admissible", the words "family pension so admissible subject to a minimum of three hundred and seventy-five rupees per month" shall be substituted.

CHAPTER III AMENDMENT OF THE SUTKEME COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1958

5. In section. 4 of the Supreme Court Judges (Conditions of Service) Act, 1958 (hereafter in this Chapter referred to as the Supreme Court Judges Act), in sub-section (2), in clause (a), in sub-clause (iii), for the words "one hundred and eighty days", the words "two hundred and forty days" shall be substituted.

8. In section 9 of the Supreme Court Judges Act,—

(a) in sub-section (1), for the words "and thereafter two thousand two hundred and twenty rupees", the words "and thereafter, in the case of the Chief Justice, fifty per cent, of the monthly rate of his salary and in the case of each of the other Judges, fifty-five per cent, of the monthly rate of his salary" shall be substituted;

(b) in sub-aection (2), for the words "one thousand one hundred and ten rupees", the wortis ",in the case of the Chief Justice, twenty-five per cent, of the monthlv rate of his salary, and in the case of each of the other Judges, twenty-seven and a half per centof the monthly rate of his salary" shall be substituted. 7, In section 16A of the Supreme Court Judges Act, in sub-section

(1), for clause (b), the following clauses shall be substituted, namely.— "(b) dies after retirement on attaining the age of sixty-five years, family pension shall be twenty-five per cent, of the pension 28 of 195*. 41 of 1958. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY -> admissible and shall be payable to the person or persons entitled thereto;

(c) dies after retirement after seeking premature retirement and before attaining the age of sixty-five years, family pension shall be calculated at the rates specified in clause fa) and shall be payable to the person or persons entitled thereto.". V. S. RAMA DEVI, Secy, to the Gont. of India. PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW MLHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DKLHl, 1&89

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