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The High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1998

Amendment Act · 19984,624 characters of text

The enactment

TypeAmendment Act
Year1998
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. DL-33004/98 The Gazette of India EXTRAORDINARY

PART II — Section 1 PUBLISHED BY AUTHORITY 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 7th July, 1998/Asadha 16, 1920 (Saka) The following Act of Parliament received the assent of the President on the 7th July, 1998, and is hereby published for general information: — THE HIGH COURT AND SUPREME COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT, 1998 No. 18 OF 1998 [7th July, 1998.] 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 Forty-ninth 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, 1998..

(2) It shall be deemed to have come into force on the 1st day of January, 1996. Short title and commencement. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

2. In the long title to the High Court Judges (Conditions of Service) Act, 1954 (hereinafter referred to as the High Court Judges Act), for the words "certain conditions of service", the words "salaries and certain conditions of service" shall be substituted.

3. In section 1 of the High Court Judges Act, for the brackets and words "(Conditions of Service)", the brackets and words "(Salaries and Conditions of Service)" shall be substituted.

4. In Chapter III of the High Court Judges Act,—

(a) for the heading "PENSIONS", the Heading "SALARIES AND PENSIONS" shall be substituted; and

(b) after the heading as so substituted and before section 14, the following section shall be inserted, namely:— " 13A. (1) There shall be paid to the Chief Justice of a High Court, by way of salary, thirty thousand rupees per mensem.

(2) There shall be paid to a Judge of a High Court, by way of salary, twenty-six thousand rupees per mensem.".

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

5. In the long title to the Supreme Court Judges (Conditions of Service) Act, 1958 (hereinafter referred to as the Supreme Court Judges Act), for the words "certain conditions of service", the words "salaries and certain conditions of service" shall be substituted.

6. In section 1 of the Supreme Court Judges Act, for the brackets and words "(Conditions of Service)", the brackets and words "(Salaries and Conditions of Service)" shall be substituted.

7. In Chapter III of the Supreme Court Judges Act,—

(a) for the heading "PENSIONS", the heading "SALARIES AND PENSIONS" shall be substituted; and

(b) after the heading as so substituted and before section 13, the following section shall be inserted, namely:— "12A. (1) There shall be paid to the Chief Justice of India, by way of salary, thirty-three thousand rupees per mensem.

(2) There shall be paid to a Judge of the Supreme Court, by way of salary, thirty thousand rupees per mensem.".

CHAPTER IV TRANSITIONAL PROVISION

8. The difference of salary payable to a Judge of a High Court under the High Court Judges Act or a Judge of the Supreme Court under the Supreme Court Judges Act, as amended by this Act, and salary payable to such Judge but for this Act, shall be paid in two instalments, the first instalment being five thousand rupees plus fifty percent of the balance of such difference to be paid as early as may be practicable, and the second instalment to be paid within such period us may be decided by the Central Government. Amendment of long title. Amendment of section 1. Amendment of Chapter III. Salaries of the Judges Amendment of long title. Amendment of section 1. Amendment of Chapter III. Salaries of the Judges. Arrears 28 of 1954. 41 of 1958. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

9.(1) The High Court and Supreme Court Judges (Conditions of Service) Amendment Ordinance, 1998 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the High Court Judges Act and the Supreme Court Judges Act, as amended by the said Ordinance shall be deemed to have been done or taken under the High Court Judges Act and the Supreme Court Judges Act, as amended by this Act. Ord. 11 of 1998. Repeal and saving RAGHBIR SINGH, Secy. to the Govt. of India. PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS (PLU), MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 9 8 MGIP(PLU)MRND—131OQI—14-7-1998.

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