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