REGISTERED NO. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 93] NEW DELHI, FRIDAY, DECEMBER 31, 1971/PAUSA 10, 1893 Separate paging is given to this Part in order that it may be filed as a separate compilation.
41 of 1958 MINISTRY OF LAW A N D JUSTICE (Legislative Department) New Delhi, the 31st December, 1971/Pause 10, 1893 (Saka) The following Acts of Parliament received the assent of the President on the 30th December, 1971, and are hereby published for genera] information: — THE SUPREME COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT, 1971 No. 77 or 1971 [30th December, 1971] An Act to amend the Supreme Court Judges (Conditions of Service' Act, 1958 Be it enacted by Parliament in the Twenty-second Year of the Republic of India as follows: —
1. (1) This Act may be called the Supreme Court Judges (Conditions of Service) Amendment Act, 1971.
(2) Section 3 stall be deemed to have come into force on the 1st day of May, 1958, clauses (a) and (b) of section 4 shall be deemed to have come into force on the 17th day of October, 1958 and the other provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In section 3 of the Supreme Court Judges (Conditions of Service) Act, 1958 (hereinafter referred to as the principal Act), in sub-section (I), for clause (a), the following clause shall be substituted, namely:— " (a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical certificate): or".
Short title and commencement.
Amendment of section 3.
(819) 82O THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of .section 4.
Amendment of section 5.
Insertion of new section f>A Commutation uf leave on half • allowances into • leave on full allow- .inces Amendment of section fl .1. In clause (a) of sub-section (2) of section 4 of the principal Act,—
(a) in sub-clause (i), the word "and", occurring at the end shall be omitted;
(b) after sub-clause (u), the follwing sub-clause shall be inserted, namely: — "(in) where the Judge was, prior to his appointment as such, a Judge of a High Court, the period of leave earned by him as a Judge of the High Court, so, however, that such period shall not exceed four months in terms of leave on half allowances; and".
4. In section 5 of the principal Act,—
(a) in sub-section (1), after the words "three years", the brackets, words, figures and letter "[including the period credited to his leave account under sub-section (2) (a) (iil) of section 4 as leave earned by him as a Judge of a High Court]" shall be Inserted;
(b) in sub-section (2), /or the words, brackets, figures and letter "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed.", the following shall be substituted, namely: — "credited to his leave account—
(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and
(b) under sub-section (2) (a) (ifi) of section 4 as leave earned by him as a Judge of a High Court.";
(c) in sub-section (3), for the words "The maximum period of leave which may be granted", the words, brackets, figures and letter "Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted" shall be substituted.
5. After section 5 of the principal Act, the following section shall be inserted, namely: — "5A. (1) Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to commute leave on half allowances, into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his leave as a Judge.
(2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub-section
(3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.".
6. In section 9 of the prlnicpal Act, to sub-section (2), the following proviso shall be added, namely: — "Provided that the monthly rate of leave allowances payable to a Judge in respect of leave credited to his leave account under subsection (2) (a) (Hi) of section 4 shall not exceed the rate of leave Ss:c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 821 allowances admissible to him therefor as a judge of a High Couri and shall be payable by the State Government concerned.".
7. In section 24 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely: — " (J1) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in suasion for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the .' ession in which it is so laid or the session immediately following, boih Houses agree in making any modification is. the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".
Amendment of section 24.
g 2 2 T H E GAZETTE OF INDIA EXTRAORDINARY [PART II— 28 of 1964.
THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) AMENDMENT ACT, 1971 No. 78 OF 1971 [30th December, 1971] An Act further to amend the High Court Judges (Conditions of Service) Act, 1954.
BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows: —
1. (1) This Act may be called the High Court Judges (Conditions of Service) Amendment Act, 1971.
(2) It shall come into force on such date as the Central Government nay, by notification in the Official Gazette, appoint.
2. In section 2 of the High Court Judges (Conditions of Service) Act, 1954 (hereinafter referred to as the principal Act), in sub-section (1), in sub-clause (ii) of clause (h), for the words "one month", the words "forty-five days" shall be substituted.
3. In section 3 of the principal Act, in sub-section (1), for clause (a), the following clause shall be substituted, namely: — "(a) leave on full allowanes (including commuted leave on half allowances into leave on full allowances on medical certificate); or".
Short title and commencement.
Amendment of section 2.
Amendment of section 3, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 823 Amendment of section 5.
Insertion of newsection
3A.
Commutation of leave on half allowances into leave on full allowances.
Amendment of section 9.
4. In section 5 of the principal Act, in sub-section (3), for the words "The maximum period of leave which may be granted", the words, brackets, figures and letter "Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted" shall be substituted.
5. After section 5 of the principal Act, the following section shall be inserted, namely: — "5A. (3) Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his service as a Judge.
(2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub-section
(3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.".
6. In section 9 of the principal Act, in sub-section (!), for the words "for the first month of such leave", the words "for the first forty-five days of such leave" shall be substituted.
N. D. P. NAMBOODIRIPAD, Joint Secy, to the Govt, of India.
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