रजिस्ट्री सं०डी० एल (एन) 04/0007/2003-09
REGISTERED NO. DL-( N) 04/0007/2003-09
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II - खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शुक्रवार, जनवरी 9, 2009/19 पौष , 1930
2] No. 2]
NEW DELHI, FRIDAY, JANUARY 9, 2009/19 Pausa, 1930
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th January, 2009/Pausa 19, 1930 (Saka)
THE HIGH COURT AND SUPREME COURT JUDGES ( SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ORDINANCE , 2009
No. 1 OF 2009
Promulgated by the President in the Fifty - ninth Year of the Republic of India
AnOrdinance further to amend the High Court Judges (Salaries and Conditions ofService) Act, 1954 and the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958 .
WHEREAS a Bill 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 has been introduced in the House of the People, but has not been passed;
AND WHEREAS Parliament is not in session and the President is satisfied that the circumstances exist which render it necessary for her to take immediate action to give effect to the provisions of the said Bill;
Now, therefore , in exercise of the powers conferred by clause ( 1 ) of article 123 of the Constitution , the President is pleased to promulgate the following Ordinance:-
CHAPTER I
PRELIMINARY
Short title and commencement .
1. ( 1) This Ordinance may be called the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Ordinance , 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 Ordinance , shall be deemed to have come into force on the 1st day of September , 2008 .
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CHAPTER II
AMENDMENT OF THE HIGH COURT JUDGES ( SALARIES AND CONDITIONS OF SERVICE )
ACT, 1954
Amendment of section 13A .
28 of 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 13A,-
(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 .
3. In section 17A of the High Court Judges Act , in sub- section ( 1 ) , --
Amendment of section 17A .
(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 rupecs per month " shall be omitted;
Insertion of new section 17B .
4. After section 17A of the High Court Judges Act, the following section shall be inserted , namely : -
" 17B . 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: -
Additional quantum of pension or family pension.
Additional quantum of pension or family pension
Age of pensioner or family pensioner
From eighty years to less than eighty - five years pension or family pension thirty per cent. of basic pension or family pension
From eighty- five years to less than ninety years
From ninety years to less than ninety - five years From ninety - five years to
twenty per cent . of basic forty per cent . of basic pension or family pension fifty per cent . of basic pension or familypension
less than hundred years From hundred years or more
hundred per cent . of basic pension or family pension
Amendment of section 22A.
5.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 .
6. In the High Court Judges Act , for section 22C , the following section shall be substituted , namely: -
Substitution of new section for section 22C .
Sumptuary allowance.
"22C. 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" .
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7. In the First Schedule to the High Court Judges Act,-
Amendmentof First Schedule .
(a) InPart 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
AMENDMENT OF THE SUPREME COURT JUDGES ( SALARIES AND CONDITIONS OF SERVICE ) ACT, 1958
41 of1958 .
Amendment of section 12A.
8. In the Supreme Court Judges ( Salaries and Conditions of Service) Act , 1958 (hereinafter referred to as the Supreme Court Judges Act) , in section 12A ,-
(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" [PART II-
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shall be substituted.
Amendment of section 16A .
9. 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;
Insertion of new section 16B .
10. After section 16A 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: -
Additional quantum of pension or family pension.
of Additional quantum pension or family pension
Age of pensioner or family pensioner
twenty per cent . of basic pension or family pension
From eighty years to less than eighty - five years
thirty per cent . of basic pension or family pension
From eighty- five years to less than ninety years
forty per cent . of basic pension or family pension
From ninety years to less than ninety - five years
fifty per cent . of basic pension or family pension
From ninety- five years to less than hundred years
From hundred years or more
hundred per cent. of basic pension or family pension
Amendment of section 23 .
11. 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.
Amendment of section 23B .
12. 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 .
13. In the Schedule to the Supreme Court Judges Act,-
Amendment of the Schedule .
(a) in Part 1,-
(i) in paragraph 2 ,-
(A) in clause ( b) , for the letters and figures "Rs.6,030 " , " Rs.1,82,820 " and " Rs.15,360 " , the letters and figures " Rs.12,180 ", " Rs.3,69,300 " "Rs.31,030 " shall , respectively, be substituted; and
(B) in the proviso , for the letters and figures "Rs.2,97,000 " , the letters and figures " Rs.6,00,000" shall be substituted;
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(ii) in the proviso to paragraph 3 , for the letters and figures "Rs.2,70,000 " , the letters and figures " Rs.5,40,000 " shall be substituted;
(b) in Part II , in paragraph 2 , in clause (b) , for the letters and figures " Rs . 16,898 " , the letters and figures " Rs.33,795 " shall 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 . 2,97,000 " and " Rs.2,70,000 " , the letters and figures ""Rs . 6,00,000" and "Rs.5,40,000 " shall, respectively, be substituted.
CHAPTER IV
TRANSITIONAL PROVISION
Arrears.
14. The difference of salary, pension and family pension payable to a Judge of High Court or to his family, as the case may be , under the High Court Judges Act or a Judge of the Supreme Court or his family , as the case may be , under the Supreme Court Judges Act as amended by this Ordinance and the salary , pension or family pension payable to such Judge or his family, as the case may be , but for this Ordinance shall be paid in two installments , the first installment of forty per cent . to be paid during the current financial year 2008-09 and the remaining sixty per cent . to be paid in the financial year 2009-10 .
PRATIBHA DEVISINGH PATIL,
President.
T. K. VISWANATHAN , Secy. to theGovt. ofIndia.
PRINTED BY THE GENERAL MANAGER , GOVT. OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI-2009.
GMGIPMRND-78GI-( S-5 CRC)-09-01-2009.