REGISTERED NO. DL-33004/99 EXTRAORDINARY
PART II—-Section 1 PUBLISHED BY AUTHORITY No. 10] NEW DELHI, FRIDAY, JANUARY 8, 1999 / Pausa 18,1920 Separate paging is given to this Part in order that it may be filed as a separate compilation.
28 of 1954.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 8th January, 1999/Pausa 18, 1920 (Saka) The following Act of Parliament received the assent of the President on the 8th January, 1999, and is hereby published for general information:— THE HIGH COURT AND SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ACT, 1998 No. 7 OF 1999 [8th January, 1999.]
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.
BE i t e n a c t e d b y P a r l i a m e n t i n t h e F o r t y - n i n t h Y e a r o f t h e R e p u b l i c o f I n d i a as f o l l o w s : —
CHAPTER I PRELIMINARY
1. (1) This Act may be called the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 1998.
(2) Sections 4, 6, 9 and 11 shall be deemed to have come into force on the 1st day of January, 1996 and the remaining provisions of this Act shall come into force at once.
CHAPTER II AMENDMENT OF THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1954
2. In the High Court Judges (Salaries and Conditions of Service) Act, 1954 (hereinafter referred to as the High Court Judges Act), in section 4, in sub-section (2), in clause
(a), in sub-clause (iii), the words "so, however, that such period shall not exceed two hundred and forty days in terms of leave on full allowances" shall be omitted.
Short title and commence ment.
Amendment of section 4.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- Insertion of new section 4A.
Leave encashment Amendment of section 17A.
Amendment of section 22 A.
Amendment of the First Schedule.
3. After section 4 of the High Court Judges Act, the following section shall be inserted, namely:— "4A. A Judge shall be entitled in his entire service, including the period of service rendered in a pensionable post under the Union or State or on re-employment, if any, 1o claim the cash equivalent of leave salary on his retirement in respect of the period of earned leave at his credit, to the extent of the maximum period prescribed for encashment of such leave under the All India Service (leave) Rules,
1955.".
4. In section 17A of the High Court Judges Act,—
(a) in sub-section (1),—
(i) for the words "fifty per cent.", the words "sixty per cent." shall be substituted;
(ii) for the words "three hundred and seventy-five rupees", the words "twelve hundred and seventy-five rupees" shall be substituted;
(b) in sub-section (3), in clause (ii),—
(i) for the words "twenty days' ", the words "ten days' " shall be substituted;
(ii) for the words "each completed year", the words "each completedsix months period" shall be substituted.
5. In section 22A of the High Court Judges Act, in sub-section (2), for the words "two thousand five hundred rupees", the words "ten thousand rupees" shall be substituted.
6. In the First Schedule to the High Court Judges Act,—
(a) in Part I,—
(i) in paragraph 2,— (A) in clause (a), for the letters and figures "Rs. 4,500", the letters and figures "Rs. 14,630" shall be substituted;
(B) in clause (b), for the letters and figures "Rs. 3,430", the letters and figures "Rs. 11,150" shall be substituted;
(C) in the proviso, for the letters and figures "Rs. 54,000" and "Rs. 48,000", the letters and figures "Rs. 1,80,000" and "Rs. 1,56,000" shall respectively be substituted;
(ii) in paragraph 8, for the letters and figures "Rs. 54,000", the letters and figures "Rs. 1,80,000" shall be substituted;
(iii) in paragraph 9, for the letters and figures "Rs. 15,750". the letters and figures "Rs. 51,190" shall be substituted;
(b) in Part II,—
(i) in the proviso to paragraph 2, for the letters and figures "Rs. 54,000" and "Rs. 48,000", the letters and figures "Rs. 1,80,000" and "Rs. 1,56,000" shall respectively be substituted;
(ii) in paragraph 3, for the figures '"3,466", "4,160", "4,851", "5,545", "6,240" and "6,933", the figures "11,265", "13,520", "15,766", "18,022", "20,280" and "22,533" shall respectively be substituted;
(c) in Part III,--
(i) in paragraph 2,— (A) in clause (b),—
(a) for the letters and figures "Rs, 1,600", the letters and figures "Rs. 5,200" shall be substituted;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 41 of 1958
(b) the portion beginning with the words "but in no case such additional or special pension" and ending with the words, letters and figures "shall exceed Rs. 8,000 per annum" shall be omitted;
(B) in the proviso, for the letters and figures "Rs. 54,000" and "Rs. 48,000", the letters and figures "Rs. 1,80,000" and "Rs. 1,56,000" shall respectively be substituted.
CHAPTER III AMENDMENT OF THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958
7. In the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 (hereinafter referred to as the Supreme Court Judges Act), in section 4, in sub-section (2), in clause (a), in sub-clause (iii), the words "so, however, that such period shall not exceed two hundred and forty days in terms of leave on full allowances" shall be omitted.
8. After section 4 of the Supreme Court Judges Act, the following section shall be inserted, namely: - "4A. A Judge shall be entitled in his entire service, including the period of service rendered either as a Judge of a High Court or in a pensionable post under the Union or a State or on re-employment, if any, to claim the cash equivalent of leave salary on his retirement in respect of the period of earned leave at his credit, to the extent of the maximum period prescribed for encashment of such leave under the All India Service (Leave) Rules, 1955.".
9. In section 16A of the Supreme Court Judges Act,—
(a) in sub-section (1),—
(i) in clause (a), for the words "fifty per cent.", the words "sixty per cent," shall be substituted;
(ii) in clause (b), for the words "twenty-five per cent.", the words "thirty per cent." shall be substituted;
(b) in sub-section (2), in clause (ii),—
(i) for the words "twenty days' ", the words "ten days''" shall be substituted;
(ii) for the words "each completed year", the words "each completed six months period" shall be substituted.
10. In section 23 of the Supreme Court Judges Act, in sub-section (7/4), for the words "three thousand rupees", the words "ten thousand rupees" shall be substituted.
11. In the Schedule to the Supreme Court Judges Act,—
(a) in Part I,—
(i) in paragraph 2,— (A) in clause (b), for the letters and figures "Rs. 1,235", "Rs. 37,500" and "Rs. 3,150", the letters and figures "Rs. 4,020", "Rs. 1,21,880" and "Rs. 10,240" shall respectively be substituted;
(B) in the proviso, for the letters and figures "Rs. 60,000", the letters and figures "Rs. 1,98,000" shall be substituted;
Amendment of section 4.
Insertion of new section 4A.
Leave Amendment of section 16A.
Amendment of section 23.
Amendment of the Schedule, 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
(ii) in the proviso to paragraph 3, for the letters and figures "Rs. 54,000", the letters and figures "Rs. 1,30,000" shall be substituted;
(iii) in paragraph 5, for the letters and figures "Rs. 19,700", the letters and figures "Rs. 64,030" shall be substituted;
(b) in Part II,—
(i) in paragraph 2 , - - (A) in clause (b), for the. letters and figures "Rs. 3,454", the letters and figures "Rs. 11,265" shall be substituted;
(B) in the proviso, for the letters and figures "Rs. 60,000" and "Rs. 54,000", the letters and figures "Rs, 1,98,000" and "Rs. 1,80,000" shall respectively be substituted;
(c) in Part III,—
(i) in paragraph 2, — (A) in clause (b)—
(a) for the letters and figures "Rs. 1,600", the letters and figures "Rs. 5,200" shall be substituted;
(b) the portion beginning with the words "but in no case such additional or special pension" and ending with the words, letters and figures "shall exceed Rs, 8,000 per annum" shall be omitted;
(B) in the proviso, for the letters and figures "Rs. 60,000" and "Rs. 54,000", the letters and figures "Rs, 1,98,000" and "Rs. 1,80,000" shall respectively be substituted.
RAGHBIR SINGH, Secy to the Govt. of India.
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