REGISTERED NO. DL-33004/2002

The Gazette of India

EXTRAORDINARY

PART II —Section 2

PUBLISHED BY AUTHORITY

No. 36]

NEW DELHI, FRIDAY, AUGUST 2, 2002/ SRAVANA 11,1924

Separate paging is given to this Part in order that it may be filed as a separate compilation.

LOK SABHA

The following Bills were introduced on 2-8-2002.

Bill No 62 OF 2002

A Bill to provide for the inclusion in the lists of Scheduled Tribes, of certain tribes or tribal

communities or parts of or groups within tribes or tribal communities, equivalent

names or synonyms of such tribes or communities, removal of area restrictions and

bifurcation and clubbing of entries; imposition of area restriction in respect of certain

castes in the lists of Scheduled Castes, and the exclusion of certain castes and tribes

from the lists of Scheduled Castes and Scheduled Tribes, in relation to the States of

Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Goa, Gujarat, Himachal Pradesh,

Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Mizoram,

Orissa, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—

1. This Act may be called the Scheduled Castes and Scheduled Tribes Orders (Second

Amendment) Act, 2002.

Short title.

2. In this Act, unless the context otherwise requires,—

Definitions.

(a) Scheduled Castes Order means the Constitution (Scheduled Castes) Order,

1950, made by the President under article 341 of the Constitution;

(b) "Scheduled Tribes Orders" means the Constitution (Scheduled Tribes) Order,

1950, the Constitution (Uttar Pradesh) Scheduled Tribes Order, 1967 and the Constitution

(Sikkim) Scheduled Tribes Order, 1978, made by the President under article 342 of the

Constitution.

3. The Scheduled Castes Order is hereby amended in the manner and to the extent

specified in the First Schedule.

Amendment

of Scheduled

Castes Order.

Amendment

of Scheduled

Tribes Orders.

4. The Scheduled Tribes Orders are hereby amended in the manner and to the

extent specified in the Second Schedule.

GAZETTE OF INDIA EXTRAORDINARY

[PART II—

THE FIRST SCHEDULE

(See section 3)

In the Constitution (Scheduled Castes) Order, 1950,—

(a) in PART VIII.—Kerala, omit entries 29 and 38;

(b) in PART XVIII,—Uttar Pradesh,—

(0 in entry 1, at the end, insert '^excluding Sonbhadra district)";

(/O in entry 5, at the end, insert "(excluding Sonbhadra district)";

(///) in entry 21, at the end, insert "(excluding Sonbhadra district)";

(rv) in entry 25, at the end, insert "(excluding Sonbhadra and Varanasi

districts)";

(v) in entry 36, at the end, insert "(excluding Mehrajganj, Sidharth Nagar,

Basti, Gorakhpur, Deoria, Mau, Azamgarh, Jonpur, Balia, Gazipur, Varanasi,

Mirzapur and Sonbhadra districts)";

(vi) for entry 46, substitute "46. Kharwar [(excluding Benbansi) (excluding

Deoria, Balia, Gazipur, Varanasi and Sonbhadra districts)]";

(v/7) in entry 57, at the end, insert "(excluding Sonbhadra and Mirzapur

districts)";

(viii) in entry 58, at the end, insert "(excluding Sonbhadra district)";

(ix) in entry 60, at the end, insert ''(excluding Sonbhadra district)";

(x) in entry 62, at the end, insert "(excluding Lahtpur district)".

THE SECONDSCHEDULE

(See section 4)

(7) In the Constitution (Scheduled Tribes) Order, 1950 —

(a) in PART I.-—Andhra Pradesh,—

(0 in entry 1, after "Andh", insert ", Sadhu Andh";

(/"/) in entry 4, omit "Chenchwar";

(Hi) in entry 5, at the end, insert", Bodo Gadaba, Gutob Gadaba, Kallayi

Gadaba, Parangi Gadaba, Kathera Gadaba, Kapu Gadaba";

(rv) in entry 6, at the end, insert ", Koitur";

(v) in entry 12, for "Mannervarlu", substitute "Kolawar";

(*>i) in entry 13, at the end, insert "Kubi";

(v/7) in entry 16, at the end, insert ", Kuvinga";

(viii) in entry 17, omit "Dhulia, Paiko, Putiya";

(be) in entry 18, for "Goud", substitute "Doli Kpya, Gutta Koya, Kammara

Koya, Musara Koya, Oddi Koya, Pattidi Koya";

(x) in entry 29, at the end, insert ", Banjara";

(xi) in entry 31, for "Agency tracts", substitute "Scheduled Areas of

Vishakhapatnam, Srikakulam, Vijayanagaram, East Godavari and West Godavari

•iistricts";

(xii) in entry 32, at the end, insert ", Chella Yenadi, Kappala Yenadi,

Manchi Yenadi, Reddi Yenadi";

SFC 2J

GAZETTE OP INDIA ' XTRAORl;!) JARY

(xm) in entry 33, at the end, insert", Koracha, Dabba Yerukula, Kunchapun

Yerukula, Uppu Yerukula",

(xiv) after entry 33, insert—

"34 Nakkala, Kurvikaran

35 Dhulia, Paiko, Putiya (in the districts of Vishakhapatnam and

Vijayanagaram)",

(b) in PART II —Assam,—

(i) under the item "In the autonomous districts —•", for entry 11, substitute

"II Karbi", and after entry 14, insert "15 Lalung",

(») under the item "In the Srate of Assam excluding the autonomous

districts •—", after entry 9, insert—

"10 Dimasa

11 Hajong

12 Singhpho

13 Khampti

14 Garo",

(c)inPARr U\—Bihar,—

(/) in entry 1, at the end, insert ", Agana",

(ti) m entry 16, at the end, '•' rt ", Dhelki KJiaua, Dudh Khana, Hill

KhjnV

(;//) in entry 19, at the end, mⁱ fit ', Nr^esia",

(iv) in entry 20, at the end, insert ", Midi-kora",

(v)in entry 24, at the end insert", Kumarbhag Pahana",

(v;) in entry 25, at the end, insert ", 1'atar",

(vu) in entry 26, at the end, insert ", Dhangar (Oraon)" ,

(viit) after entry 30, insert—

"31 Kawar

32 Kol

33 Tharu",

(d) in PART IV —Gujarat,—

(i) in entry 9, at the end, insert ", Dhodi",

(u) omit entries 15 and 20,

(m) in entry 26, after "Siddj" and before the brackets, insert ", Siddi-

Badshan",

(rv) omit entry 27,

(e) in PART V —Himachal Pradesh,—

(i) in entry 2, omit "[excluding the territories specified in sub-section (1) of

section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966), other than the

Lahul and Spiti district]",

(ii) in entry 3, omit "[excluding the territories specified m sub-section (1)

of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966)]",

GAZETTE OF INDIA EXTRAORDINARY

[PARI U—

(Hi) after entry 8, insert—

"9. Beta, Beda

10. Domba, Gara, Zoba";

if) in PART Vl.—Karnataka,—

(/) in entry 37, at the end, insert" Medari, Gauriga, Burud";

(/'/) in entry 41, at tbr end, insert", Haranshikari";

(in") after entry 49, insert "50. Siddi (in Uttar Kannada district)";

(g) in PART VII.—Kerala,—

(/) in entry 2, at the end, insert ", Aranadan";

(ii) in entry 4, at the end, insert ", Mala Pulayan, Kurumba Pulayan,

Karavazhi Pulayan, Pamba Pulayan";

(Hi) in entry 6, at the end, insert ", Wayanad Kadar";

(iv) omit entry 7;

(v) for entry 10, substitute "10. Kochuvelan";

(vt) omit entries 11,12 and 14;

(vii) in entry 16, at the end, insert ", Kurichiyan";

(viii) in entry 17, at the end, insert ", Mullu Kuruman, Mulla Kurumnn,

Mala Kuruman";

(ix) in entry 18, at the end, insert ", Kurumbar, 1 jrumban";

(x) in entry 20, at the end, insert ", Mala Arayaif;

(xi) in entry 22, at the end, insert ", Malavedan";

(xii) for entry 25, substitute "25. Malayan, Nattu Malayan, Konga Malayan

excluding the areas comprising the Kasaragode, Connanore, Wayanad and

Kozhikode districts)";

(xiii) in entry 27, at the end, insert "(to bo spelt in Malayalam script in

parenthesis)";

(x/v) omit entry 28;

(xv) for entries 30,31 and 32, substitute "30. Palleyan, Palliyan, Palliyar,

Paliyan";

(xvi) in entry 34, at the end, insert ", Ullatan";

(xvif) after entry 35, insert—

"36. Mala Vettuvan (in Kasargode and Kannur districts)

37. Ten Kurumban, Jenu Kurumban

38. Thachanadan, Thachanadan Moopan

39. Cholanaickan

40. Mavilan

41.Karimpalan

42. Vetta Kuruman

43.MalaPanickar";

SEC.2]

- GAZLT1E OF !NPI". -.ATRAOK " <R\

(h) in PART VI11.—Madhya Pradesh, omit "entries 21,32 and39" ;

(0 in PART IX, —Maharashtra,—

(/) omit entry 12;

(n) in entry 18, for"Gond Rajgond" substitute "Gond, Rajgond";

(///) omit entry 45";

(/) in PART X.—Manipur,—

(/) for entry 28, substitute "28. Vaiphei";

(//) after entry 29, insert—

"30. Poumai Naga

31. Tarao

32.Kharam

33. Any Kuki tribes";

(k) in PART XII —Orissa,—

(/) in entry 1, at the end, insert", Bhakta";

(//) in entry 4, at the end, insert ", Bathuri";

(Hi) in entry 5, at the end, insert "Bhotra, Bhatra, Bhattara, Bhotora";

(iv) in entry 8, at the end, i n ^ ", Tell Bhumij, Haladipokhna Bhumij,

Haladi PokhariaBhumija, Desi i5hum,|,DesiaBhumij, Tamaiia Bhumij";

(v) in witry ] 0, at the end, insert", Binjlwar";

(vl) in entry 13, at the end, insert", Boiula Paroja, Banda Paroja";

(v/;) in entry 17, at the end, insert", Dhuruba, Dhurva";

(viii) m entry 18, at the end, insert", Did?i Paroja, Didai";

(ix) in entry 19, at the end, insert", Bodo Gadabh, Gutob Gadaba, Kapu

Gadaba, Ollara Gadaba, Parenga Gadaba, Sano Gadaba";

(x) in entry 22, at the end, insert "Rajgond, Maria Gond, Dhur Gond";

(xl) in entry 28, at the end, insert "Kanwar";

(xii) in entry 29, at the end, insert "Berga Kharia, Dhelki Kharia, Dudh

Kharia, Erenga Kharia, Munda Kharia, Oraon Kharia, Khadia, Pahari Kharia";

(xiii) in entry 31, at Ihe end, insert "Kondh, Kui, Buda Kondh, Bura Kandha,

Desia Kandha, Dungaria Kondh, Kutia Kandha, Kandha Gauda, Muli Kondh,

Malua Kondh, Pengo Kandha, Raja Kondh. Raj Khond";

(xiv) in entry 32, at the end, insert ", Nagesar, Nagesia";

(xv) in entry 38, at the end, insert ", Khaira, Khayara";

(xvi) in entry 41, at the end, insert ", Gumba Koya, Koitur Koya, Kamar

Koya, Musara Koya";

(xvil) in entry 43, at the end, insert ", Nodh, Nodha, Lodh";

(xviii) in entry 47, at the end, insert", Mankria, Mankidi";

(xix) in entry 48, at the end, insert ", Matia";

(xx) in entry 49, at the end, insert", Kuda, Koda";

GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(xxi) in entry 50, at the end, insert", Nagabanshi Munda, Oriya Munda";

(xxii) in entry 52, at the end, insert", Omanatyo, Amanatya";

(xxiii) irt entry 53, at the end, insert", Dhangar, Uran";

(xxtv) in entry 55, at the end, insert ", Parja, Bodo Paroja, Barong Jhodia

Paroja, Chhelia Paroja, Jhodia Paroja, Konda Paroja, Paraja, Ponga Paroja, Sodia

Paroja, Sano Paroja, SoliaParoja";

(xxv) in entry 59, at the end, insert "Arsi Saora, Based Saora, Bhima Saora,

Bhimma Saora, Chumura Saora, Jara Savar, Jadu Saora, Jati Saora, Juari Saora,

Kampu Saora, Kampa Soura, Kapo Saora, Kindal Saora, Kumbi Kancher Saora,

Kalapithia Saora, Kirat Saora, Lanjia Saora, Lamba Lanjia Saora, Luara Saora,

Luar Saora, Laria Savar, Malia Saora, Malla Saora, Uriya Saora, Raika Saora,

Sudda Saora, Sarda Saora, Tankala Saora, Patro Saora, Vesu Saora";

(xxvi) in entry 62, at the end, insert ", Tharua Bindhani";

(0 in PART XIV.—Tamil Nadu, in entry 7, for "taluk," substitute "and

Ambasamudram taluks";

(m) in PART XV.—Tripura,—

(0 in entry 6, at the end, insert", Bengshel, Dub, Kaipcng, Kalai, Karbong,

Lengui, Mussum, Rupini, Sukuchep, Thangchep";

(//) in entry 14, at the end, insert ", Murashing" ;

(ri in PART XVI.—West Bengal, after entry 38, insert—

"39, Limbu (Subba)

4O.Tamang",

(o) inPAHTXVII.—Mizoram, after entry 14, insert"15.Pa'te",

ip) in PART XVIII.—Arunachal Pradesh,—

(n in entry 8, at the end, insert", Idu, Taroan";

(//) after entry 12, insert—

"B.Hrusso

14. Tagin

15. Khamba

16. Adi";

(q) in PART XIX.—Goa, after entry 5, insert—

"6.Kunbi

7. Gawda

8.Ve]ip";

(r) in PART

XXll.-^Jharkhand—

(0 in entry 1, at the end, insert ", Agaria";

(//) in entry 15,attheend, insert ",DhclkiKharia,DudhKharia,HillKharia";

(Hi) in entry 18, at the end, insert ", Nagesia";

(rv) in entry 19, at the end, insert ", Mudi-Kora";

(v) in entry 23, at the end, insert ", Kumarbhag Paharia";

SK\ 2]

• GAZETTE OF INDIA CXTRAORtJ.* iAk','

(vi) in entry 24, at the end, insert", Patar";

(vii) in entry 25, at the end, insert ", Dhangar (Oraon)";

(viii) after entry 30, insert—-

"31,Kawar

32. Kol".

(2) In the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967, after entry 5,

insert—

"6. Gond, Dhuria, Nayak, Ojha, Pathari, Raj Gond (in the districts of Mehrajganj,

Sidharth Nagar, Basti, Gorakhpur, Deoria, Mau, Azamgarh, Jonpur, Balia, Gazipur,

Varanasi, Mirzapurand Sonbhadra)

7. Kharwar, Khairwar(in the districts of Deoria, Balia, Ghazipur, Varanasi and

Sonbhadra)

8. Saharya (in the district of Lalitpur)

9. Parahiya (in the district of Sonbhadra)

10. Baiga(in the district of Sonbhadra)

11. Pankha, Panika (in the districts of Sonbhadra and Mirzapur)

12. Agariya(in the district of Sonbhadra)

13. Patari, (in the district of Scnbhadra)

14 Chero (in the districts of imnbiiadra and Varanasi)

15. Bhuiya, Bhuinya (in the district of Sonbhadra)".

(3) In the Constitution (Sikkim) Scheduled Trtbes Order, 1978, after entry 2, msert-

"3.Limboo

4. Tamang".

GAZETTE OF INDIA EXTRAORDINARY

[PART 11—

STATEMENT OF OBJECTS AND REASONS

According to the provisions of articles 341 and 342 of the Constitution, the lists

of the Scheduled Castes and the Scheduled Tribes were notified during the years 1950

and 1951 in respect of various St tes and Union territories respectively. These lists

were modified from time to time. A number of requests were received from time to time

from the State Governments for removing anomalies in the lists by inclusion of certain

tribes or tribal communities, equivalent names or synonyms of certain tribes or

communities, removal of area restrictions and bifurcation or clubbing of certain entries,

etc., imposition of area restrictions in respect of certain castes in the lists of Scheduled

Castes, and exclusion of certain castes and tribes from the lists of Scheduled Castes

and Scheduled Tribes.

2. The modifications in the lists have been processed. Accordingly, the lists of

Scheduled Castes and Scheduled Tribes are proposed to be modified for 20 States in

respect of 140-communities after consultation with the State Governments concerned,

the Registrar General of India and the National Commission for Scheduled Castes and

Scheduled Tribes.

3. The amendments contained in the Scheduled Castes and Scheduled Tribes

Orders (Second Amendment) Bill, 2002 broadly fall under the following categories,

namely:—

(/) the transfer of communities From the list of Scheduled Castes to that of

the list of Scheduled Tribes as they had been wrongly included in the lisi of

Scheduled Castes whereas they belong to Scheduled Tribes category;

(J'O the inclusion of certain tribes or tribal communities or parts thereof or

groups within tribes or tribal communities;

(Hi) the addition of equivalent names or synonyms in respect of certain

tribes in the existing lists;

(;v) the exclusion of certain communities from the existing lists;

(v) the bifurcation and clubbing of entries in the existing lists, based on

their ethnic dissimilarity or similarity;

(vj) the removal of area restrictions in respect of certain specific tribes in

the existing lists and imposition of area restrictions in respect of certain castes;

(yii) the correction in the spellings of certain tribes in the existing lists; and

(viii) the change of nomenclature of certain tribes in the existing lists.

4. The Bill seeks to achieve the above objectives.

NEW DELHI;

JUALORAM.

The 19th July, 2002.

SEC. 2]

GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 4 of the Bill seeks inclusion of communities as well as addition of synonyms of

communities in the existing lists of Scheduled Tribes. This will entail additional recurring and

non-recurring expenditure on account of benefits to be provided to the persons belonging to

such communities, under the continuing schemes meant for the welfare of the Scheduled '

Tribes.

2. It is not possible to estimate the likely additional expenditure to be incurred on this

account at this stage. However, the expenditure, whether recurring or non-recurring will be

met out of the Consolidated Fund of India.

GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILLNO.64OF2002

A Bill further to amend the Supreme Court Judges (Salaries and Conditions of Service)

Act, 1958.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—

1. U) This Act may be called the Supreme Court Judges (Salaries and Conditions of

Service) Second Amendment Act, 2002.

Short title and

commence-

ment.

(2) It shall be deemed to have come into force on the 1st day of January, 1996.

2. In the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, in

section 16A, in sub-section (7),—

Amendment of

section 16A of

Act 41 of

1958.

(i) in clause (a),—

(A) for the words "family pension calculated at the rate of sixty per

cent, of the pension admissible to him", the words "family pension calcu-

lated at the rate of fifty per cent, of his salary" shall be substituted;

(fi) for the words "and thereafter at the rate of half of the family pen-

sion so admissible", the words "and thereafter at the rate of thirty per cent,

of his salary" shall be substituted;

(ii) in clause (/>), for the words "family pension shall be thirty per cent of the

pension admissible", the words "family pension shall be thirty per cent, of his

salary" shall be substituted;

(Hi) before the Explanation, the following proviso shall be inserted, namely:—

"Provided that in no case the amount of family pension calculated

under this sub-section shall exceed the pension payable to the Judge under

this Act".

SEC, 2]

GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The family pension in the case of Judges of the Supreme Court is governed by the

provisions of sub-section (1) of section 16A of the Supreme Court Judges (Salaries and

Conditions of Service) Act, 1958. As per the existing provisions of the said Act, there are

two rates of family pension, i.e. (j) the family pension at the rate oi~ thirty per cent, ot the

pension admissible to a Judge, who retired after 1.11.1986, and (ii) the family pension at

the rate of thirty per cent, of the salary of a Judge, who retired prior to 1.11,1986. The

determination of family pension on the basis of percentage of the pension to one category

and on the basis of percentage of the salary to the other category has resulted in an anomaly.

2. Representations have been received from the Judges for removing the above

anomaly. The Chief Justice of India has also requested for taking appropriate steps to

remove the anomaly in the matter of fixation of family pension of the Judges.

3. The Andhra Pradesh High Court, in O. Chinnappa Recldy Vs.. Union of India and

others (Writ Petition No. 14804 of 1999), has also observed that the said Act needs to be

suitably amended so as to rectify the anomalous situation which has arisen in the matter of

payment of family pension.

4. Accordingly, it is proposed to amend the aforesaid provisions for providing uni-

form rates of family pension to the Judges of Supreme Court irrespective of their date of

retirement.

5. The Bill seeks to achieve the above object.

New DELHI;

K. JANA KRISHNAMURTH1,

The Uth July, 2002.

PRESIDENTS RECOMMENDATION UNDER ARTICLE 117 OFTHE CONSTITUTION

OF INDIA

[Copy of letter No. L-11016/672000-Jus. dated the 19th July, 2002 from Shri K.

Jana Krishnamurthl, Minister of Law and Justice to the Secretary-Genera], Lok Sabha]

The President, having been informed of the subject matter of the Supreme Court

Judges (Salaries and Conditions of Service) Second Amendment Bill, 2002, recommends

the introduction and consideration of the Bill in Lok Sabha under article 117(1) and (3) of

the Constitution of India.

GAZETTE OF INDIA EXTRAORDINARY

[PARTII—

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to amend section 16A of the Supreme Court Judges

(Salaries and Conditions of Service) Act, 1958 so as to revise the family pension of Judges

from sixty per cent, of the pension to fifty per cent, of the pay last drawn for the first seven

years after death or up to the age of 65 years, whichever is earlier and thereafter from thirty

per cent, of the pension to thirty per cent, of the pay subject to the condition that the family

pension so calculated in both categories shall in no case exceed 'die pensiun admissible to

the Judge. The proposal does not involve any substantial financial implications as there are

only few family pensioners of the deceased Judges.

2. The expenditure in respect of the Judges of the Supreme Court is to be borne by the

Central Government and is charged on the Consolidated Fund of India. Payment on

account of arrears will be made with effect from 1.1.1996 and shall be of a non-recurring

nature which would come around rupees twenty lakhs (excluding fluctuating dearness

relief). The approximate recurring expenditure of the Central Government would be around

rupees three lakhs (excluding fluctuating dearness relief) per annum.

3. The Bill does not involve any other expenditure of either recurring or non-

recurring nature.

SEC. 2]

GAZETTE OF INDIA EXTRAORDINARY

_ _ _ i l

BILL No. 63 OF 2002

A Bill further to amend the High Court Judges (Salaries and Conditions of

Service) Act, 1954.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as

follows:—

1. (/) This Act may be called the High Court Judges (Salaries and Conditions of

Service) Amendment Act, 2002.

Short title and

commence-

ment.

(2) It shall be deemed to have come into force on the 1 st day of January, 1996.

2. In the High Court Judges (Salaries and Conditions of Service) Act, 1954, in

section 17A, in sub-section (7),—

Amendment of

section 17A of

Act 28 of

1954.

(«') for the words "Sixty per cent of the pension admissible to him", the

words "fifty per cent of his salary" shall be substituted;

({() for the words "and thereafter at the rate of half of the family pension so

admissible", the words "and thereafter at the rate of thirty per cent of his salary"

shall be substituted;

(i«) before the Explanation, the following proviso shall be inserted, namely:—

"Provided that in no case the amount of family pension calculated

under this sub-section shall exceed the pension payable to the Judge under

this Act".

GAZETTE OF INDIA EXTRAORDINARY

[PARTII—

STATEMENT OF OBJECTS AND REASONS

The family pension in the case of Judges of the High Court is governed by the

provisions of sub-section (1) of section 17A of the High Court Judges (Salaries and Condi-

tions of Service) Act, 1954. As per the existing provisions of the said Act _ rhefp are tw<i rutes

of family pension, i.e. (i) the family pension at the rate of thirty per cent, of the pension

admissible to a Judge, who retired after 1.11.1986, and (ji) the family pension at the rate of

thirty per cent, of the salary of a Judge, who retired prior to 1.11.1986. The determination of

family pension on the basis of percentage of the pension to one category and on the basis

of percentage of the salary to the other category has resulted in an anomaly.

2. Representation have been received from the Judges for removing the above anomaly.

The Chief Justice of India has also requested for taking appropriate steps to remove the

anomaly in the matter of fixation of family pension of the Judges.

3. An analogous provision exists in case of the family pension of the Supreme Court

Judges. The Andhra Pradesh High Court, in 0. Chinnappa Reddy Vs. Union of India and

others (Writ Petition No. 14804 of 1999), has also observed that the said provision needs to

be suitably amended so as to rectify the anomalous situation which has arisen in the matter

of payment of family pension.

4. Accordingly, to remove the above anomaly in case of High Court Judges, it is

proposed to amend the aforesaid provisions for providing uniform rates of family pension

to the Judges irrespective of their date of retirement.

5. The Bill seeks to achieve the above object.

NEW DELHI;

IC JANA KRISHNAMURTHI.

The 12 July, 2002.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE

CONSTITUTION OF INDIA

[Copy of letter No. L-l 1016/6/2000-Jus. dated the 19th July, 2002 from Shrl K. Jana

Krlshnamurthi, Minister of Law and Justice to the Secretary-Genera), Lok Sabha].

The President, having been informed of the subject matter of the High Court Judges

(Salaries and Conditions of Service) Amendment Bill, 2002, recommends the introduction

and consideration of the Bill in Lok Sabha under article 117(1) and (3) of the Constitution

of India.

Stc.2]

GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to amend section 17A of the High Court Judges (Salaries

and Conditions of Service) Act, 1954 so as to revise the family pension of Judges from sixty

per cent, of the pension to Mry per cem. of liie pay lual ui awn lor the first seven years after

death or up to the age of sixty five years, whichever is earlier and thereafter from thirty per

cent, of the pension to thirty per cent, of the pay subject to the condition that the family

pension so calculated in both categories shall in no case exceed the pension admissible to

the judge. The proposal does not involve any substantial financial implications as there are

only few family pensioners of the deceased Judges,

1. The expenditure in respect of the Judges of the Delhi High Court and 5.26 per cent,

of the expenses in respect of Punjab and Haryana High Court are to be borne by the Central

Government and is charged on the Consolidated Fund of India. Payment on account of

arrears will be made with effect from 1.1.1996 and shall be of a non-recurring nature which

would come around rupees ten lakhs (excluding fluctuating dearness relief). The approxi-

mate recurring expenditure of the Central Government would be around rupees two lakhs

(excluding fluctuating dearness relief) per annum.

3. The Bill does not involve any other expenditure of either recurring or non-recur-

ring nature.

G. C. MALHOTRA,

Secretary-General

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS (PLu), M1NT0 ROAD, NEW DELHI

AND PUBLISHED BY TZIF CONTROLLER OF PUBLICATIONS, DELHI, 2002.

MGIP(PLU)MRND—2772GI—29-8-2002.