REGISTERED No. D 231 राजस्ट्री स ० डॉ० 221
भारत को राजपत्र The Gazette of India U
असाधारण
EXTRAORDINARY
भाग 2 खण्ड 2
PART II -- Section 2
प्राधिकार से प्र কামিল
PUBLISHED BY AUTHORITY
म० 56 नई बिल्ली, सोमबार , नवम्बर 26 , 1968 प्रकात्रण 4 , 1890
No 56 ) NEW DELHI , MONDAY , NOVEMBER 25 , 1968 /AGRAHAYANA 4 , 1890
تت
इस भाग में भिन्न पृष्ठ माध्या की जाती है जिसमे कि यह प्रत्रण सफलन के रूप में रत्वा जा सके ।
Separate paging is given to this Part in onder that it may be filed as a separate compilation
LOK SAВНА
The following Bill was introduced in Lok Sabha on the 25th Nov- ember, 1968 : -
Bill No. 103 of 1968
A Bill to amend the Supreme Court Judges ( Conditions of Service)
Act , 1958.
Bx it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:-
1. This Act may be called the Supreme Court Judges ( Conditions Short of Service ) Amendment Act , 1968 . title .
Amend- ment of 41 of 1958 .
2. In the Supreme Court Judges ( Conditions of Service ) Act , 1958 ( hereinafter referred to as the principal Act) , in clause ( a) of section 4. sub - section ( 2) of section 4 ,-
( a) in sub- clause ( i ) , the word " and " occurring at the end shall be omitted;
1.459 THE GAZETTE OF INDIA EXTRAORDINARY [ PART 11 1.160
(b ) after sub -clause ( ii ) , the following sub- clause shall be inserted and shall be deemed always to have been inserted , namely:--
" ( 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 a High Court , so , however , that such period shall not exceed four months in terms of leave on half allowances ; and" .
3. In section 5 of the principal Act ,-
Amend- ment of section 5.
(a) in sub-section ( 1 ) , after the words " three years " , the brackets , words , figures and letter " ( including the period cre- dited to his leave account under sub-section (2) ( a ) ( iii ) of section 4 as leave earned by him as a Judge of a High Court) " shall be inserted and shall be deemed always to have been inserted;
(b ) in sub - section ( 2 ) , for 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 and shall be deemed always to have been substituted , namely: --
" credited to his leave account-
(a) under sub - section ( 2 ) ( a) ( it) of section 4 as com- pensation for vacation not enjoyed, and
(b) under sub- section (2) ( a) ( iii ) of section 4 as leave earned by him as a Judge of a High Court".
4. In section 9 of the principal Act , to sub-section ( 2 ) , the follow- ing proviso shall be added, namely:-
Amend- ment of section 9.
"Provided that the monthly rate of leave allowances pay- able to a Judge in respect of leave credited 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 be payable by the State Government concerned. " .
5 In section 24 of the principal Act , for sub- section ( 3 ) , the following sub -section shall be substituted, namely: -
Amend- ment of section 24.
"(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parlia- Бис . 2] THE GAZETTE OF INDIA EXTRAORDINARY
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ment while it is in session 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 session in which it is so laid or the session immediately following , both Houses agree in making any modification in 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 " .
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STATEMENT OF OBJECTS AND REASONS
A High Court Judge , who has accumulated leave to his credit , loses the benefit of such accumulation the moment he is appointed as a Judge of the Supreme Court . The Bill seeks to amend the Supreme Court Judges ( Conditions of Service ) Act , 1958 to enable such Judge to carry forward leave earned by him as a High Court Judge for a period not exceeding four months in terms of leave on half allowances , subject to the condition that the aggregate amount of leave , which may be granted to a Judge during the whole period of his service as a Supreme Court Judge , will not exceed , in terms of half allowances , the existing limit of three years .
VIDYA CHARAN SHUKLA .
NEW DELHI;
The 12th November , 1968 .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. 18/ 6/64 - Judl.I / III , dated the 14th November , 1968 from Shri Vidya Charan Shukla , Minister of State in the Minis- try of Home Affairs to the Secretary , Lok Sabha . ]
The President having been informed of the subject matter of the Supreme Court Judges ( Conditions of Service ) Amendment Bill , 1968 , recommends the introduction and consideration of the Bill in the Lok Sabha under article 117 ( 1 ) and 117 ( 3 ) of the Constitution of India.
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FINANCIAL MEMORANDUM
It has been provided in the Bill that the monthly rate of leave allowances payable to a Judge in respect of leave credited 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 be payable by the State Govern- ment concerned . The payment of leave allowances in respect of the leave mentioned above will , however, initially be met by the Central Government and thereafter recovered from the State Gov- ernment concerned . Thus expenditure will initia'ly be a charge on the Consolidated Fund of India . Itis however not possible to deter- mine the exact expenditure which Central Government will have to bear initially from year to year , since it would depend on the amount of leave credited and taken by the Judges from time to time, as also the number of Judges appointed to the Supreme Court from among the serving High Court Judges . The maximum amount of such expenditure per Judge on full utilisation of his full leave will be Rs . 7,000 in case of a puisne Judge becoming a Judge of Supreme Court and Rs . 8,000 in case of Chief Justice of a High Court becoming a Judge of Supreme Court .
S. L. SHAKDHER,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS . MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1969