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Extraordinary Gazette of India · Government of India

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Published 10 December 1980

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REGISTERED No. D- ( D) -72

रजिस्ट्री सं ० डी-(डी) -72

भारत का राजपत्र The Gazette of India

असाधारण

EXTRAORDINARY

भाग II-खण्ड 1

PART II-Section 1

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० 68 ] No. 68]

* है विर्ली बुधवार दिसम्बर 10 ,1980/ प्रप्रहायण 19 , 1902 NEW DELHI , WEDNESDAY , DECEMBER 10, 1980/ AGRAHAYANA 19 , 1902

'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 , JUSTICE AND COMPANY AFFAIRS (Legislative Department )

New Delhi, the 10th December , 1980 / Agrahayana 19 , 1902 ( Saka)

The following Act of Parliament received the assent of the President on the 10th December, 1980 , and is hereby published for general informa-

tion:-

THE HIGH COURT AND SUPREME COURT JUDGES ( CONDITIONS OF SERVICE ) AMENDMENT ACT, 1980

No. 57 OF 1980

[10th December, 19803

An Act further to amend the High Court Judges ( Conditions of Service) Act , 1954, and the Supreme Court Judges (Coriditions of Service) Act, 1958 .

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

CHAPTER I

PRELIMINARY

Short title.

1. This Act may be called the High Court and Supreme Court Judges (Conditions of Service) Amendment Act , 1980 .

CHAPTER II

AMENDMENT OF THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) Аст, 1954

28 of 1954 ,

Amend- ment of section2.

2. In section 2 of the High Court Judges (Conditions of Service ) Act, 1954 (hereafter in this Chapter referred to as the High Court Judges Act ) , in clause (h ) of sub - section ( 1 ) , for sub -clause ( ii ) , the following sub - clause shall be substituted , namely :-

" ( ii ) the amount , actually taken , of each period of leave on full allowances at a rate equal to the monthly rate of the salary; ".

(619) THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

620

3. In section 9 of the High Court Judges Act , to sub- section ( 1) , the following proviso shall be added, namely: -

Amend_ ment of section 9.

"Provided that where leave on full allowances is granted to a Judge on medical certificate, the monthly rate of leave allowances shall, for the first one hundred and twenty days of such leave , be a rate equal to the monthly rate of his salary ." .

Amend- ment of sections 14 and 15 .

4. In the High Court Judges Act , in the Explanation to section 14 and in section 15 , for the words " pensionable civil post " , wherever they occur, the words " pensionable post" shall be substituted and shall be deemed always to have been substituted .

section 22D.

5. After section 22C of the High Court Judges Act , the following section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April , 1975 , namely: -

43 of 1961 .

'22D. Notwithstanding anything contained in the Income- tax Act , 1961,-

(a) the value of rent- free official residence provided to a Judge under sub - section (1 ) of section 22A ; or

(b) the allowance paid to him under sub -section (2) of that section,

shall not be included in the computation of his income chargeable under the head " Salaries " under section 15 of the Income - tax Act , 1961.'.

Exemp tion from liabi- lity to pay income. certain per- quisites or allow- ance receiv. edby a Judge.

6. In the First Schedule to the High Court Judges Act,-

Amend- ment of First Sche_ dule.

(a) in paragraph 1 of Part I, for the words "pensionable civil post", at both the places where they occur , the words "pensionable post " shall be substituted and shall be deemed always to have been substituted;

(b) in paragraph 1 of Part III, for the words " civil pensionable post " , the words "pensionable post " shall be substituted and shall be deemed always to have been substituted .

CHAPTER III

AMENDMENT OF THE SUPREME COURT JUDGES ( CONDITIONS OF SERVICE)

Аст, 1958

41 of 1958 .

Amend- ment of section 2 .

7. In section 2 of the Supreme Court Judges ( Conditions of Service) Act , 1958 ( hereafter in this Chapter referred to as the Supreme Court Judges Act ) , in clause ( h ) , for sub-clause ( iii ) , the following sub- clause shall be substituted, namely : -

" ( iii) the amount, actually taken , of each period of leave on full allowances at a rate equal to the monthly rate of the salary ; " .

8.In section 9 of the Supreme Court Judges Act , to sub - section ( 1) , the following proviso shall be added, namely:-

Amend- ment of section 9 .

"Provided that where leave on full allowances is granted to a Judge on medical certificate, the monthly rate of leave allowances 621

THE GAZETTE OF INDIA EXTRAORDINARY

SEC . 1 ]

shall , for the first one hundred and twenty days of such leave, be a rate equal to the monthly rate of his salary. " .

9. In the Supreme Court Judges Act , in the Explanation to section 13 , in section 14 , in paragraph 1 of Part I, and in paragraph 1 of Part III, of the Schedule, for the words " pensionable civil post " , wherever they occur, the words " pensionable post " shall be substituted and shall be deemed always to have been substituted.

ment of sections 13 and Amend- 14 and Sche- dule.

10. After section 23C of the Supreme Court Judges Act , the following section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April , 1975, namely:-

Inser. tionof new section 23D

tion Exemp.

43 of 1961 .

a '23D. Notwithstanding anything contained in the Income - tax Act , 1961 , the value of rent - free official residence provided to Judge under sub - section ( 1 ) of section 23 shall not be included in the computation of his income chargeable under the head " Salaries " under section 15 of the Income - tax Act , 1961. ' .

from liabi- lity to pay income- tax on certain per- quisites received by a Judge.

R. V. S. PERI SASTRI , Secy . to the Govt . of India.

PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS, MINTO ROAD NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1980

Cite this issue. Extraordinary Gazette of India, Government of India, 10 December 1980. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1980-12-10.E-1035-1980-0068-45250/. Archive identifier in.gazette.csl_extraordinary.1980-12-10.E-1035-1980-0068-45250.