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HIGH COURT AND SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ACT 2009

Ministry of Law and Justice

Act nº 23 of 2009


  • Chapter I
  • Chapter 2. Amendment of the High Court Judges (Salaries and Conditions of Service) Act, 1954
  • Chapter III
  • Chapter IV
  • Act nº 23 of 2009

Preamble

THE HIGH COURT AND SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ACT, 2009

[Act No. 23 of 2009]

[16th March, 2009]

PREAMBLE

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 it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:--

Chapter I

Section 1. Short title and commencement

(1) This Act may be called the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2009.

(2) Sections 2, 3, 4, 7, 8, 9, 10 and 13 shall be deemed to have come into force on the 1st day of January, 2006 and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of September, 2008.

Chapter 2
Amendment of the High Court Judges (Salaries and Conditions of Service) Act, 1954

2. Amendment of section 13A.--

In the High Court Judges (Salaries and Conditions of Service) Act, 1954 (hereinafter: referred to as the High Court Judges Act), in section 13 A,--

(a) in sub-section (1), for the words "thirty thousand rupees per mensem", the words "ninety thousand rupees per mensem" shall be substituted;

(b) in sub-section (2), for the words "twenty-six thousand rupees per mensem", the words "eighty thousand rupees per mensem" shall be substituted.

Section 3. Amendment of section 17A

In section 17A of the High Court Judges Act, in sub-section (i),--

(a) the words "plus fifty per cent, of his dearness pay" shall be omitted;

(b) the words "plus thirty per cent, of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per month" shall be omitted.

Section 4. Insertion of new section 17B

After section 17A of the High Court Judges Act, the following section shall be inserted, namely:--

" 17B. Additional quantum of pension or family pension - Every retired Judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:--

Age of Pensioner or Family Pensioner

Additional quantum of pension or family pension

From eighty years to less than eighty-five years

Twenty per cent, of basic pension or family pension

From eighty-five years to less than ninety years

Thirty per cent, of basic pension or family pension

From ninety years to less than ninety-five years

Forty per cent, of basic pension or family pension

From ninety-five years to less than hundred years

Fifty per cent, of basic pension or family pension

From hundred years or more

Hundred per cent, of basic pension or family pension.".

Section 5. Amendment of section 22 A

In section 22A of the High Court Judges Act, in sub-section (2), the words "plus thirty per cent, of the dearness pay" shall be omitted.

Section 6. Amendment of section 22C

In the High Court Judges Act, for section 22C, the following section shall be substituted, namely:--

"22C. Sumptuary allowance - The Chief Justice and each of the other Judges of every High Court shall be entitled to a sumptuary allowance of fifteen thousand rupees per month and twelve thousand rupees per month respectively.".

Section 7. Amendment of First Schedule

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. 21,945", the letters and figures "Rs. 43,890" shall be substituted;

(B) in clause (b), for the letters and figures "Rs. 16,725", the letters and figures "Rs. 34,350" shall be substituted;

(C) in the proviso, for the letters and figures "Rs. 2,70,000" and "Rs. 2,34,000", the letters and figures "Rs. 5,40,000" and "Rs. 4,80,000" shall, respectively, be substituted;

(ii) in paragraph 8, for the letters and figures "Rs. 2,70,000", the letters and figures "Rs. 5,40,000" shall be substituted;

(iii) in paragraph 9, for the letters and figures "Rs. 76,785", the letters and figures "Rs. 1,57,670" shall be substituted;

(b) in part II,--

(i) in the proviso to paragraph 2, for the letters and figures "Rs. 2,70,000" and "Rs. 2,34,000", the letters and figures "Rs. 5,40,000" and "Rs. 4,80,000" shall, respectively, be substituted;

(ii) in paragraph 3, for the figures "16,898", "20,280", "23,649", "27,033", "30,420" and "33,799", the figures "34,696", "41,642", "48,559", "55,508", "62,462" and "69,402" shall, respectively, be substituted;

(c) in Part III, in paragraph 2,--

(A) in clause (b), for the letters and figures "Rs. 7,800", the letters and figures "Rs. 16,020" shall be substituted;

(B) in the proviso, for the letters and figures "Rs. 2,70,000" and "Rs. 2,34,000", the letters and figures "Rs. 5,40,000" and "Rs. 4,80,000" shall, respectively, be substituted.

Chapter III

Section 8. Amendment of section 12A

In the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958(41 of 1958) (hereinafter referred to as the Supreme Court Judges Act), in section 12 A,--

(a) in sub-section (1), for the words "thirty-three thousand rupees per mensem", the words "one lakh rupees per mensem" shall be substituted;

(b) in sub-section (2), for the words "thirty thousand rupees per mensem", the words "ninety thousand rupees per mensem" shall be substituted.

Section 9. Amendment of section 16A

In section 16A of the Supreme Court Judges Act, in sub-section (1),--

(i) in clause (a), the words "plus fifty per cent, of his dearness pay" and "plus thirty per cent, of his dearness pay" shall be omitted;

(ii) in clause (b), the words "plus thirty per cent, of his dearness pay" shall be omitted.

Section 10. Insertion of new section 16B

After section 16 A of the Supreme Court Judges Act, the following section shall be inserted, namely:--

" 16B. Every retired Judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:--

Age of Pensioner or family Pensioner

Additional quantum of pension or family pension.

From eighty years to less than eighty-five years

Twenty per cent, of basic pension or family pension

From eighty-five years to less than ninety years

Thirty per cent, of basic pension or family pension

From ninety years to less than ninety-five years

Forty per cent, of basic pension or family pension

From ninety-five years to less than hundred years

Fifty per cent, of basic pension or family pension

From hundred years or more

Hundred per cent, of basic pension or family pension.".

Section 11. Amendment of section 23

In section 23 of the Supreme Court Judges Act, in sub-section (1A), the words "plus thirty per cent, of the dearness pay" shall be omitted.

Section 12. Amendment of section 23B

In section 23B of the Supreme Court Judges Act, for the words "ten thousand" and "seven thousand five hundred", the words "twenty thousand" and "fifteen thousand" shall, respectively, be substituted.