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SUPREME COURT JUDGES ( SALARIES AND CONDITIONS OF SERVICE) ACT

Ministry of Law and Justice

Act nº 41 of 1958


  • Chapter I
  • Chapter II
  • Chapter III. Salaries and Pensions
  • Chapter IV
  • Schedules
  • Amending Acts
  • Act nº 41 of 1958

Preamble

THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958

[Act, No. 41 of 1958]

[17th October, 1958]

PREAMBLE

An Act to regulate 1 [salaries and certain conditions of service] of the Judges of the Supreme Court.

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

1. Substituted for the words "conditions of service" by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act (18 of 1998), Section. 5 (w.r.e.f. 1-1-1996).


Chapter I

Section 1. Short title

This Act may be called The Supreme Court Judges 1 [(Salaries and Conditions of Service)] Act, 1958.

1. Substituted for the words and brackets "(Conditions of Service)" by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act (18 of 1998), Section. 5 (w.r.e.f. 1-1-1996).


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "acting Chief Justice" means a Judgeappointed under article 126 of the Constitution to perform the duties of theChief Justice of India;

(b) "actual service" includes--

(i) time spent by a Judge on duty as Judge, or theperformance of such other functions as he may, at the request of the President,undertake to discharge; and

(ii) vacations;

(c) "Chief Justice" means the Chief Justice ofIndia, but does not include an acting Chief Justice;

(d) "High Court" means the High Court for aState;

(e) "Judge" means a Judge of the Supreme Courtand includes the Chief Justice and an acting Chief Justice;

(f) "prescribed" means prescribed by rules madeunder this Act;

(g) "service as a Judge in India" means servicerendered either in the Federal Court or in the Supreme Court or in any suchCourt and in one or more of the High Courts, and "Judge in India" and"service for pension as a Judge in India" shall be construedaccordingly;

(h) "service for pension" includes--

(i) actual service;

(ii) time spent by a Judge of a High Court in attendingthe sittings of the Supreme Court as an ad hoc Judge under article 127 of theConstitution if he is subsequently appointed as a Judge;

(iii) forty-five days or the amount actually taken,whichever is less, of each period of leave on full allowances;

(i)"vacation"means such period or period during a year as may be fixed as vacation by orunder the rules of the Supreme Court made with the prior approval of thePresident.

Chapter II

Section 3. Kinds of leave admissible to a Judge

(1) Subject to the provisions of this Act, leave granted to a Judge may be at his option either--

1 [(a) leave on full allowances (including commuted leave on half allowances into leave on full

allowances on medical certificate); or.]

(b) leave on half allowances; or

(c) leave partly on full allowances and partly on half allowances.

(2) For the purposes of this Chapter, any period of leave on full allowances shall he reckoned as double that period of leave on half allowances.

1. Substituted by the Supreme Court Judges (Conditions of Service) Amendment Act, 1971 (77 of 1971), Section. 2 (15-1-1972).


Section 4. Leave account showing the amount of leave due

(1) A leave account shall he kept for each Judge showing therein the amount of leave due to him in terms of leave on half allowances.

(2) In the leave account of a Judge--

(a) there shall be credited to him--

(i) one-fourth of the time spent by him on actual service; 1 [*].

(ii) where the Judge, by reason of his having been detained for the performance of duties not connected with the Supreme Court, cannot enjoy any vacation which he would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month; and

(iii) 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, 2 [***]; and

(b) there shall be debited to him all leave with allowances taken by him.

(3) This section shall be deemed to have come into force on the 1st day of May, 1.958.

1. Word "and" at the end of sub-clause (i) omitted and sub-clause (iii) inserted by the Supreme Court Judges (Conditions of Service) Amendment Act, 1971 (77 of 1971), Section. 3 (w.r.e.f. 1-5-1958).

2. Words "so, however, that such period shall not exceed two hundred and forty days in terms of leave on full allowances" omitted by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.e.f 08.01.1999


Section 4A. Leave encashment

1 [4A. Leave encashmant 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.]

1. Inserted by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.e.f 08.01.1999


Section 5. Aggregate amount of leave which may be granted

(1) The aggregate amount of leave which may be granted to a Judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years 1 [including the period credited to his leave account under sub-section (2) (a)(iii) of section 4 as leave earned by him as Judge of a High Court] together with the aggregate of the periods, if any, credited to his leave account under sub-section (2)(a)(ii) of section 4 as compensation for vacation not enjoyed.

(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on actual service together with one-half of the aggregate periods, if any, 2 [credited to his leave account (a) under sub-section (a) under sub-section (2)(a)(ii) of section 4 as compensation for vacation not enjoyed, and (b) under sub-section (2)(a)(iii) of section 4 as leave granted by him as a Judge of a High Court.]

(3) 3 [Subject to the provisions of sub-section (2) of section 5 A, the maximum period of leave which may be granted) at one time shall be in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months.

1.Inserted, by the Supreme Court Judges (Conditions of Service) Amendment Act, 1971 (77 of 1971), Section 3(w.r.e.f. 17-10-1958).

2. Substituted for the words "credited to his leave account under sub-section (2)(a)(ii) of section 4 its compensation for vacation not enjoyed, "by the Supreme court Judges (Conditions of Service) Amendement Act, 1971 (77 of 1971), Section 3(w.r.e.f. 17-10-1958).

3.Substituted for the words "The maximum period of leave which may be granted" by the Supreme Court Judges (Conditions of Service) Amendment Act, 1971 (77 of 1971), Section 3(w.r.e.f. 17-10-1958).


Section 5A. Commutation of leave on half allowances into leave on full allowances

1 [5A. Commutation of leave on half allowances into leave on full allowances

(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 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.]

1. Inserted by the Supreme Court Judges (Conditions of Service) Amendment Act, 1971 (77 of 1971), S. 5 (15-1-1972).


Section 6. Grant of leave not due

Subject to the maximum limit specified in sub-section (1)of section 5, leave on half allowances may be granted to a Judge in excess of the amount at his credit--

(i) on medical certificate; or

(ii) otherwise than on medical certificate, for a period not exceeding six months, or for two or more periods not exceeding in the aggregate six months, during the whole period of his service as a Judge :

Provided that no such leave shall be granted if the Judge is not expected to return to duty at the end of such leave and earn the leave granted.

Note : Leave under this section is granted only when the Judge is expected to return to duty at the end of such leave and earn the leave granted. Leave granted under this section will be adjusted with the leave earned in future.

Section 7. Special disability leave

Special disability leave may be granted to a Judge under such circumstances, on such allowances and for such periods as may be prescribed.

Section 8. Extraordinarily leave

Extraordinary leave may be granted to a Judge for a period not exceeding six months, or for two or more periods not exceeding in the aggregate six months, during the whole period of his service as a Judge in excess of any leave permissible under the foregoing provisions of this Chapter, but no salary or allowances shall be payable in respect of such leave.

Section 9. Leave allowances

(1) The monthly rate of leave allowances payable to a Judge while on leave on full allowances shall be for the first forty-five days of such leave a rate equal to the monthly rate of the salary 1 [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 this monthly rate of his salary].

(2) The monthly rate of leave allowances payable to a Judge while on leave on half allowances shall be 2 [,in the case of the Chief Justice, twenty-five per cent. of the monthly rate of his salary, and in the case of each of the other Judges, twenty-seven and a half per cent. of the monthly rate of his salary].

3 [Provided that the monthly rate of leave allowances payable to a Judge in respect of leave credit to his leave account under sub-section (2)(a)(iii) of section 4 shall not exceed the rate of leave allowances admissible to him therefor as a Judge of a High Court and shall he payable by the State Government concerned.]

1. Substituted for the words "and thereafter, two thousand two hundred and twenty rupees" by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (32 of 1989), Section. 6 (w.r.e.f. 1-4-1986).

2. Substituted for "one thousand one hundred and ten rupees," by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (32 of 1989), Section. 6 (w.r.e.f. 1-4-1986).

3. Inserted by the Supreme Court Judges (Conditions and Service) Amendment Act, 1971 (77 of 1971), Section. 6 (15-1-1972).


Section 10. Combining leave with vacation

A Judge may be permitted to combine vacation on full salary with leave, if--

(a) where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not at both;

(b) where the vacation is divided into two periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation :

Provided that no such permission to combine vacation with leave shall be granted if it becomes necessary to appoint an acting Chief Justice during the period of vacation or if the Judge is not expected to return to duty at the end of such leave.