[Act No. 41 of
1958] [17th October,
1958] An Act to regulate [1][salaries
and certain conditions of service] of the Judges of the Supreme Court. BE it enacted by Parliament in
the Ninth Year of the Republic of India as follows :-- This Act may be
called The Supreme Court Judges [2][(Salaries and Conditions of Service)] Act, 1958. In this Act,
unless the context otherwise requires,-- (a)
"acting Chief Justice" means a Judge
appointed under article 126 of the Constitution to perform the duties
of the Chief Justice of India; (b)
"actual service" includes? (i)
time spent by a Judge on duty as Judge, or the
performance of such other functions as he may, at the request of the President,
undertake to discharge; and (ii)
vacations; (c)
"Chief Justice" means the Chief Justice
of India, but does not include an acting Chief Justice; (d)
"High Court" means the High Court for a
State; (e)
"Judge" means a Judge of the Supreme
Court and includes the Chief Justice and an acting Chief Justice; (f)
"prescribed" means prescribed by rules
made under this Act; (g)
"service as a Judge in India" means
service rendered [3][in the Supreme Court] or in any such Court and in
one or more of the High Courts, and "Judge in India" and"
service for pension as a Judge in India" shall be construed accordingly; (h)
"service for pension" includes? (i) actual service; (ii) time spent by a
Judge of a High Court in attending the sittings of the Supreme Court as an ad
hoc Judge under article 127 of the Constitution if he is subsequently
appointed as a Judge; (iii) forty-five days or
the amount actually taken, whichever is less, of each period of leave on full
allowances; (i)
"vacation" means such period or period
during a year as may be fixed as vacation by or under the rules of the Supreme
Court made with the prior approval of the President. (1)
Subject to the provisions of this Act, leave
granted to a Judge may be at his option either- [4][(a) leave on full allowances (including commuted
leave on half allowances into leave on full allowances on medical certificate); or.] (b) ? leave on
half allowances; or (c) ? leave
partly on full allowances and partly on half allowances. (2)
For the purposes of this Chapter, any period of
leave on full allowances shall he reckoned as double that period of leave on
half allowances. [5][(3) For the purposes of this Chapter, casual leave
may be admissible to a Judge in a calendar year, for such number of days and
subject to such conditions as may be prescribed] (1)
A leave account shall he kept for each Judge
showing therein the amount of leave due to him in terms of leave on half allowances. (2)
In the leave account of a Judge? (a)
there shall be credited to him? (i) one-fourth of the
time spent by him on actual service; [6][*]. (ii) where the Judge,
by reason of his having been detained for the performance of duties not
connected with the Supreme Court, cannot enjoy any vacation which he would
otherwise have been entitled to enjoy had he not been so detained, as
compensation for the vacation not enjoyed, a period equal to double the period
by which the vacation enjoyed by him in any year falls short of one month; and (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 the High Court, [7][***]; and (b)
there shall be debited to him all leave with
allowances taken by him. (3)
This section shall be deemed to have come into
force on the 1st day of May, 1.958. [8][4A. Leave
encashment A Judge shall be entitled in his entire service,
including the period of service rendered either as a Judge of a High Court or
in a pensionable post under the Union or a State or on re-employment, if any,
to claim the cash equivalent of leave salary on his retirement [9][in respect of the
period of leave at his credit, calculated on full allowances basis,] to the
extent of the maximum period prescribed for encashment of such leave under the
All India Service (Leave) Rules, 1955.] (1) The aggregate
amount of leave which may be granted to a Judge during the whole period of his
service as such shall not exceed in terms of leave on half allowances three
years [10][including the
period credited to his leave account under sub-section (2) (a) (iii) of section
4 as leave earned by him as Judge of a High Court] together with the aggregate
of the periods, if any, credited to his leave account under sub-section (2)(a)
(ii) of section 4 as compensation for vacation not enjoyed. (2) The aggregate
amount of leave on full allowances which may be granted to a Judge during the
whole period of his service as such shall not exceed one-twenty-fourth of the
period spent by him on actual service together with one-half of the aggregate
periods, if any, [11][credited to his
leave account (a) under sub-section (a) under sub-section (2)(a) (ii) of
section 4 as compensation for vacation not enjoyed, and (b) under sub-section
(2)(a) (iii) of section 4 as leave granted by him as a Judge of a High Court.] (3) [12][Subject to the
provisions of sub-section (2) of section 5 A, the maximum period of leave which
may be granted) at one time shall be in the case of leave on full allowances,
five months and in the case of leave with allowances of any kind, sixteen months. [13][5A.
Commutation of leave on half allowances into leave on full allowances (1)
Notwithstanding anything contained in sub-section
(2) of section 5, a Judge may be permitted to commute leave on half allowances
into leave on full allowances on medical certificate up to a maximum of three
months during the whole period of his service as a Judge. (2)
In computing the maximum period of leave on full
allowances which may be granted at one time to a Judge under sub-section (3) of
section 5, the amount of commuted leave permitted to him under this section
shall not be taken into account.] Subject to the
maximum limit specified in sub-section (1)of section 5, leave on half
allowances may be granted to a Judge in excess of the amount at his credit-- (i) on medical
certificate; or (ii) otherwise than on
medical certificate, for a period not exceeding six months, or for two or more
periods not exceeding in the aggregate six months, during the whole period of
his service as a Judge : Provided that no
such leave shall be granted if the Judge is not expected to return to duty at
the end of such leave and earn the leave granted. Note : Leave under
this section is granted only when the Judge is expected to return to duty at
the end of such leave and earn the leave granted. Leave granted under this
section will be adjusted with the leave earned in future. Special disability
leave may be granted to a Judge under such circumstances, on such allowances
and for such periods as may be prescribed. Extraordinary
leave may be granted to a Judge for a period not exceeding six months, or for
two or more periods not exceeding in the aggregate six months, during the whole
period of his service as a Judge in excess of any leave permissible under the
foregoing provisions of this Chapter, but no salary or allowances shall be
payable in respect of such leave. [14][The monthly rate
of leave salary payable to a Judge shall be in accordance with the provisions
of sub-section (1) of section 3.] A Judge may be
permitted to combine vacation on full salary with leave, if-- (a)
where the vacation consists of one continuous
period, the leave is taken either at the commencement or at the end of the
vacation but not at both; (b)
where the vacation is divided into two periods, the
leave is taken for the interval, or part of the interval, between the two
periods of that vacation, or for the interval, or part of the interval, between
the second period of that vacation and the commencement of the next ensuing
vacation : Provided that no
such permission to combine vacation with leave shall be granted if it becomes
necessary to appoint an acting Chief Justice during the period of vacation or
if the Judge is not expected to return to duty at the end of such leave. (1)
If a Judge overstays his leave or any vacation,
whether combined with leave or not, he shall receive no salary in respect of
the period of his absence in excess of the leave granted to him or beyond the
end of the vacation, as the case may be : Provided that, if
such absence is due to circumstances beyond his control, the period thereof may
be treated as leave and may be debited to his leave account. (2)
Nothing in this Act shall be construed as requiring
a Judge to rejoin on the expiration of the period of leave when that period
expires immediately before the commencement of a vacation, nor as authorizing
any acting Chief Justice to continue to hold the acting appointment during the
vacation. The authority
competent to grant or refuse leave to a Judge or to revoke or curtail the leave
already granted to a Judge shall be the President who shall exercise the power
after consultation with the Chief Justice. Chapter III -
SALARIES AND PENSIONS [15][SALARIES
AND PENSIONS] [16][12A.
Salaries of the Judges (1)
There shall be paid to the Chief Justice of India,
by way of salary, [17][two lakh eighty
thousand rupees per mensem]. (2)
There shall be paid to a Judge of the Supreme
Court, by way of salary, [18][two lakh fifty
thousand rupees per mensem].] Subject to the provisions of this Act, a pension
shall be payable in accordance with the provisions of Part I of the Schedule to
a Judge of the Supreme Court on his retirement, if, but only if,-- (a)
[19][Omitted] (b)
he has attained the age of sixty-five years; or (c)
his retirement is medically certified to be
necessitated by ill-health. [20][Explanation.--In
this section, "Judge" means a Judge who has not held any other
pensionable post under the Union or a State and includes a person who was in
service as a Judge on the 20th May, 1954, and also includes a Judge having held
any other pensionable post under the Union or a State, who has elected to
receive the pension payable under Part I of the Schedule.] [21][13A. Benefit of
added years of service.-- [22]Subject to the
provisions of this Act, a period of ten years shall be added to the service of
a Judge for the purposes of his pension, who qualified for appointment as such
judge under sub-clause (b) of clause (3) of article 124 of the
Constitution.] [23][(1) Every Judge
who has held any other pensionable post under the Union or a State shall, on
his retirement, be paid a pension in accordance with the provisions of Part III
of the Schedule: Provided that every such Judge shall elect to
receive the pension payable to him either under Part I of the Schedule, or as
the case may be, Part III of the Schedule, and the pension payable to him shall
be calculated accordingly.] [24][(2)
Notwithstanding anything contained in sub-section (1) any Judge to whom that
sub-section applies and who is in service on or after the 1st day of October,
1974 may, if he has elected under the proviso to that sub-section to receive
the pension payable to him under Part II or, as the case may be, Part III of
the Schedule before the date on which the Supreme Court Judges (Conditions of
Service) Amendment Act, 1976, receives the assent of the President, cancel such
election and elect afresh to receive the pension payable to him under Part I of
the Schedule and any such Judge who dies before the date of such assent, shall
be deemed to have elected afresh to be governed by the provisions of the said
Part I if the provisions of that Part are more favourable in his case.] The President may, for special reason, direct that
any period not exceeding three months shall be added to the service for pension
of a Judge, and any such period so added shall count for pension purposes-- (a)
in the case of a Judge who has served in the
Supreme Court as Chief Justice, as service as Chief Justice and (b)
in the case of any other Judge, as service as any
other Judge. Extraordinary pensions and gratuities may be
granted to a Judge under such circumstances and on such scales as may be
prescribed. [25][16A. Family
pension and gratuity [26][(1) Where a Judge
who, being in service on or after the commencement of the High Court and
Supreme Court Judges (Conditions of Service) Amendment Act, 1986,-- (a)
dies before retirement, [27][family pension calculated
at the rate of fifty per cent of his salary] [28][***]on the date
of his death shall be payable to the person or persons entitled thereto and the
amount so payable shall be paid from the day following the date of death of the
Judge for a period of seven years or for a period up to the date on which the
Judge would have attained the age of sixty-five years, had he survived,
whichever is earlier, [29][and thereafter at
the rate of thirty per cent. of his salary]; [30][***] and [31][(b) dies after
retirement on attaining the age of sixty-five years, [32][family pension
shall be thirty per cent of his salary] [33][***] and shall be
payable to the person or persons entitled thereto; (c) ? dies after retirement after seeking premature
retirement and before attaining the age of sixty-five years, family pension
shall be calculated at the rates specified in clause (a) shall be payable to
the person or persons entitled thereto.] [34][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.] Explanation.--Forth purposes of determining the
person or persons entitled to family pension under this sub-section,-- (i) in relation to a
Judge who elects or is eligible to receive pension under Part I of the
Schedule, the rules, notifications and order for the time being in force with
regard to the person or persons entitled to family pension in relation to an
officer of the Central Civil Services, Group 'A', shall apply: (ii) in relation to a
Judge who elects to receive pension under [35][***] Part III of
the Schedule, the ordinary rules of his service if he had not been appointed a
Judge with respect to the person or persons entitled to family pension shall
apply and his service as a Judge being treated as service therein.] (2) ? The rules, notifications and orders for the
time being in force with respect to the grant of death-cum-retirement gratuity
benefit to or in relation to an officer of the Central Civil Services, Class I
(including the provisions relating to deductions from pension for the purpose)
shall apply to or in relation to the grant of death-cum-retirement gratuity
benefit to or in relation to a Judge who, being in service on or after the 1st
day of October, 1974, retires, or dies in circumstances to which section 16
does not apply, subject to the modifications that-- (i) the minimum
qualifying service for the purpose of entitlement to the gratuity shall be two
years and six months; (ii) the amount of
gratuity shall be calculated on the basis of [36][ten days] salary
for [37][each completed
six months period] of service as a Judge; [38][***] [39][***] Explanation.-- [40][In
sub-section(2)] the expression "Judge" has the same meaning as in
section 13.] [41][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:-- Age of Pensioner or family
Pensioner Additional quantum of pension
or family pension. From eighty years to less
than eighty-five years Twenty per cent, of basic
pension or family pension From eighty-five years to
less than ninety years Thirty per cent, of basic
pension or family pension From ninety years to less
than ninety-five years Forty per cent, of basic
pension or family pension From ninety-five years to
less than hundred years Fifty per cent, of basic
pension or family pension From hundred years or more Hundred per cent, of basic
pension or family pension.] [42][Explanation.--
For the removal of doubts, it is hereby clarified that any entitlement for
additional quantum of pension or family pension shall be, and shall be deemed
always to have been, from the first day of the month in which the pensioner or
family pensioner completes the age specified in the first column of the scale.] If, at the time of his appointment to the Supreme
Court, a Judge is in receipt of a pension in respect of any previous service
either as a Judge of a High Court or in any other pensionable civil post under
the Union or a State, the pension payable to him under this Act shall be an
additional pension for service in the Supreme Court equal to the difference
between his original pension and the pension to which he would have been
entitled under this Act, if his service in the Supreme Court had been rendered
in continuation of the previous service for which his original pension was granted. [43][* * *] The Civil Pensions (Commutation) Rules for the time
being in force shall, with necessary modifications, apply to Judges. Every Judge shall be entitled to subscribe the
General Provident Fund (Central Service): Provided that a Judge who [44][* * *] has held
any other pensionable civil post under the Union or a State shall continue to
subscribe to the provident fund to which he was subscribing before his appointment
as a Judge: Provided further that a Judge who was appointed
before the commencement of this Act may continue to subscribe to the provident
fund to which he was subscribing immediately before such commencement. [45][20A. Deposit
Linked Insurance Scheme The Deposit Linked Insurance Scheme for the time
being in force under the General Provident Fund (Central Services) Rules, 1960,
shall apply to every Judge whether he subscribes to the General Provident Fund (Central
Services) or any other Provident Fund referred to in section 20.] Save as may be otherwise expressly provided in the
relevant rules relating to the grant of extraordinary pensions and gratuities,
the authority competent to grant pension to a Judge under the provisions of
this Act shall be the President. A Judge receive such reasonable allowance to
reimburse him for expenses incurred in travelling on duty within the territory
of India and shall be afforded such reasonable facilities in connection with
travelling as may, from time to time, be prescribed. (1)
Every Judge shall be entitled without payment of
rent to the use of an official residence in accordance with such rules as may,
from time to time, be made in his behalf. [46][(1A) Where a
Judge does not avail himself of the use of an official residence, he may be
paid every month an allowance equivalent to an amount of twenty-four per centum
of the salary which shall be increased at the rate of-- (a)
twenty-seven per centum, when Dearness Allowance
crosses twenty-five per centum; and (b)
thirty per centum, when Dearness Allowance crosses
fifty per centum.] (2)
Every Judge and the members of his family shall be
entitled to such facilities for medical treatment and for accommodation in
hospitals as may, from time to time, be prescribed. (3)
The conditions of service of a Judge for which no
express provision has been made in this Act shall be such as maybe determined
by rules made under this Act. [47][(4)
Sub-section(1), (3) shall be deemed to have come into force on the 26th day of
January,1950 and sub-section (1A) shall be deemed to have come into force on
the 9thday of May, 1986 and any rule made under any of the said sub-sections
may be made so as to be retrospective to any date not earlier than the
commencement of the respective sub-section.] [48][23A. Conveyance facilities Every Judge shall be entitled to a staff car
and [49][two hundred and
fifty liters of petrol every month or the actual consumption of fuel] per
month, whichever is less.] The Chief Justice and each of the other Judges
shall be entitled to a sumptuary allowance of [50][forty-five
thousand] rupees per month and [51][thirty-four
thousand] rupees per month respectively. [52][23C. Medical
facilities for retired Judges Every retired Judge shall, with effect from the
date on which the Supreme Court Judges (Conditions of Service) Amendment Act,
1976 receives the assent of the President, be entitled, for himself and his
family, to the same facilities as respects medical treatment and on the same
conditions as a retired officer of the Central Civil Services, Class I and his
family, are entitled under any rules and orders of the Central Government for
the time being in force.] [53][23D. Exemption
from liability to pay Income-tax on certain perquisites received by a Judge 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 23 [54][for the allowance
paid to him under sub-section (1A) of that section]; (b)
the value of the conveyance facilities provided to
a Judge under section 23A; (c)
the sumptuary allowance provided to a Judge in
section 23B, shall not be included in the computation of his income chargeable
under the head "Salaries" under section 15 of the
Income-tax Act, 1961.] [55][(d) the value of
leave travel concession, provided to or Judge and members of his family.] (1)
The Central Government may, by notification in the
Official Gazette, make rules a to carry out the purposes of this Act. (2)
In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following mattes, namely:-- (a)
leave of absence of a Judge, including special
disability leave; [56][(aa) the number
of casual leaves and the conditions subject to which it may be allowed under
sub-section (3) of section 3.] (b)
pension payable to a Judge, including extraordinary
pensions and gratuities; (c)
travelling allowances to a Judge; (d)
use of official residence by a Judge; (e)
facilities for medical treatment and other
conditions of service of Judge; (f)
any other matter which has to be, or may be,
prescribed. [57][(3) Every rule
made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, 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.] Nothing contained in this Act shall have effect so
as to give to a Judge who is serving as such at the commencement of this Act
less favourable terms in respect of his privileges and allowances or his rights
in respect of leave of absence (including leave allowances) or pension than
those to which he would have been entitled, if this Act had not been passed. THE SCHEDULE (See sections 13
and 14) Pensions Of Judges PART I [58][1. The provisions
of this Part apply to a Judge who has not held any other pensionable post under
the Union or a State and also apply to a person who was in service as a Judge
on the 20th May, 1954, and to a Judge who, having held any other pensionable
posts under the Union or a State, has elected to receive the pension payable
under this Part.] 2. ??? Subject to the provisions of this Part, the
pension payable to a Chief Justice to whom this Part applies [59][omitted] shall be
an amount equal to the sum of the following amounts, that is to say,-- (a)
an amount equal to the pension which would have
been payable to him in accordance with the scale and provisions in Part 1 of
the First Schedule to the High Court Judges (Conditions of Service) Act, 1954,
if his service as a Judge had been rendered as the Chief Justice of a High
Court; (b)
an additional amount of [60][Rs. 34,104]
per annum for each completed year of service as the Chief Justice of the
Supreme Court until he has become entitled to a pension of [61][Rs.
10,34,040] per annum, and thereafter an additional amount of [62][Rs. 86,884]
for each completed year of such service: Provided that the aggregate amount of his pension
shall in no case exceed [63][Rs. 16,80,000]
per annum. 3. ??? The pension payable to any other Judge to
whom this part applies [64][omitted] shall be
an amount equal to the pension which would have been payable to him in
accordance with the scale and provisions in Part 1 of the First Schedule to the
High Court Judges (Conditions of Service) Act, 1954, if his service as a Judge
had been rendered as the Chief Justice of a High Court. [65][Provided that the
pension under this paragraph shall in no case exceed [66][Rs. 15,00,000]
per annum.] 4. ??? If Judge of the Supreme Court who has served
as an acting Chief Justice thereof is subsequently appointed Chief Justice, his
service as acting Chief Justice shall, for the purposes of paragraph 2 of this
Part, be treated as service as Chief Justice. 5. ??? Where a Judge to whom this Part applies
retires without being eligible for a pension under any other provision of this
Part, then notwithstanding anything contained in the foregoing provisions, a
pension of [67][Rs. 64,030] per
annum shall be payable to such a Judge: Provided that nothing in this paragraph shall apply
to a Judge who at the time of his appointment is in receipt of a pension (other
than a disability or wound pension) in respect of any previous service under
the Union or a State. [68][* * *] [69][* * *] PART III 1.
The provisions of this Part apply to a Judge who
has held any pensionable civil post under the Union or a State (but is not a
member of the Indian Civil Service) and who has not elected to receive the
pension payable under Part 1. 2.
The pension payable to such a Judge shall be? (a)
the pension to which he is entitled under the
ordinary rules of his service if he had not been appointed a Judge, his service
as a Judge in India being treated as service therein for the purpose of
calculating that pension; and (b)
a special additional pension of [70][Rs. 45,016] per
annum in respect of each completed year of service for pension as a Judge in
India [71][***] [72][Provided that the
pension under clause(a) and the additional pension under clause (b) together
shall in no case exceed [73][Rs. 16,80,000]
per annum in the case of a Chief Justice and [74][Rs. 15,00,000]
per annum in the case of any other Judge.] [75][* * * * *] STATEMENT OF
OBJECTS AND REASONS 1.
Under clause (2) of article 125 of the
Constitution, every Judge of the Supreme Court is entitled to "such
privileges and allowances and to such rights in respect of leave of absence and
pension as may from time to time be determined by or under law made by
Parliament" but neither the privileges nor the allowances of a Judge nor
his rights in respect of leave of absence or pension can be varied to his
disadvantage after appointment. 2.
This Bill seeks to determine the rights of the
Judges of the Supreme Court in respect of leave of absence, pension and other
conditions of service. 3.
At present, a Judge of the Supreme Court is
entitled, during the whole period of his service in such Court, to leave on
medical certificate on Rs. 1,110 per month, to leave otherwise than on medical
certificate on Rs. 1,110 per month, and to extraordinary leave without
allowances, in each case for a period of six months. It is now proposed to
allow them the same leave terms as are admissible to High Court Judges with
slight modifications. They will now earn leave on half allowances for a period
equal to one-fourth of the time spent on actual service subject to a maximum of
three years during the entire period of service, leave on full allowances being
treated as double the period of leave on half allowances. The maximum amount of
leave that may be granted at one time shall not exceed five months, in the case
of leave on full allowances and sixteen months, in the case of leave on half
allowances. The aggregate amount of leave on full allowances which may be
granted to a Judge during the whole of period of service shall not exceed
one-twenty-fourth of the period spent by him on actual service. Leave not due may also be
granted to a Judge up to a specified limit with or without a medical
certificate provided the Judge is expected to return to duty and earn such
leave. Extraordinary leave without allowances may be taken up to a period of
six months during the entire period of service. During leave on full
allowances, the Judge will be paid full salary for the first 45 days of such
leave and Rs. 2,220 per month for the remaining portion of such leave. During
leave on half allowances, the Judge will get Rs. 1,110 per month. 4.
No substantial change is proposed in the rates of
pension hitherto admissible to the Judges of the Supreme Court. Rates of
pension have, however, been expressed in Indian currency and not in sterling.
Provision has also been made that a Judge would be entitled to a minimum pension
of Rs. 7,500 per annum, if he is not entitled to any other pension. 5.
Special provision has also been made to govern
certain other subsidiary conditions of service, such as medical attendance
facilities which are enjoyed by all Government servants and which up to the
commencement of the Constitution, were admissible to Judges of the Federal
Court under paragraph 23 of the Government of India (Federal Court) Order,
1937. These matters will now be provided for by rules to be made under the
Bill. [1] Substituted for the words
"conditions of service" by the High Court and Supreme Court Judges
(Conditions of Service) Amendment Act (18 of 1998), Section. 5 (w.r.e.f.
1-1-1996). [2] Substituted for the words and
brackets "(Conditions of Service)" by the High Court and Supreme
Court Judges (Conditions of Service) Amendment Act (18 of 1998), Section 5
(w.r.e.f. 1-1-1996). [3] Substituted by the High
Court and the Supreme Court Judges (Salaries and Conditions of Service)
Amendment Act, 2016, for the following:- "either in the Federal
Court or in the Supreme Court" [4] Substituted by
the Supreme Court Judges (Conditions of Service) Amendment Act,
1971 (77 of 1971), Section. 2 (15-1-1972). [5] Inserted by the High
Court and the Supreme Court Judges (Salaries and Conditions of Service)
Amendment Act, 2016. [6] Word
"and" at the end of sub-clause (i) omitted and sub-clause (iii)
inserted by the Supreme Court Judges (Conditions of Service) Amendment
Act, 1971 (77 of 1971), Section. 3 (w.r.e.f. 1-5-1958). [7] Words "so,
however, that such period shall not exceed two hundred and forty days in terms
of leave on full allowances" omitted by The Supreme Court and High Court
Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.e.f
08.01.1999 [8] Inserted by The Supreme Court
and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999)
w.e.f 08.01.1999 [9] Substituted by the High
Court and the Supreme Court Judges (Salaries and Conditions of Service)
Amendment Act, 2016, for the following:- "in respect of the period
of earned leave at his credit," [10] Inserted, by
the Supreme Court Judges (Conditions of Service) Amendment Act,
1971 (77 of 1971), Section 3(w.r.e.f. 17-10-1958). [11] Substituted for the
words "credited to his leave account under sub-section (2)(a) (ii) of
section 4 its compensation for vacation not enjoyed, "by the Supreme
court Judges (Conditions of Service) Amendment Act, 1971 (77 of 1971),
Section 3(w.r.e.f. 17-10-1958). [12] Substituted for
the words "The maximum period of leave which may be granted" by
the Supreme Court Judges (Conditions of Service) Amendment Act,
1971 (77 of 1971), Section 3(w.r.e.f. 17-10-1958). [13] Inserted by the Supreme
Court Judges (Conditions of Service) Amendment Act, 1971 (77 of 1971), S.
5 (15-1-1972). [14] Substituted by
the High Court and the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2016, for the following:- "(1) The monthly rate of leave
allowances payable to a Judge while on leave on full allowances shall be for
the first forty-five days of such leave a rate equal to the monthly rate of the
salary [and thereafter, in the case of the Chief Justice, fifty per cent.
of the monthly rate of his salary and in the case of each of the other Judges,
fifty-five per cent. of this monthly rate of his salary]. (2) The monthly rate of leave
allowances payable to a Judge while on leave on half allowances shall
be [in the case of the Chief Justice, twenty-five per cent. of the monthly
rate of his salary, and in the case of each of the other Judges, twenty-seven
and a half per cent. of the monthly rate of his salary]. [Provided that the monthly rate of leave allowances payable to a Judge in
respect of leave credit to his leave account under sub-section (2)(a)(iii) of
section 4 shall not exceed the rate of leave allowances admissible to him
therefore as a Judge of a High Court and shall he payable by the State
Government concerned.]" [15] Inserted, by the High Court
and Supreme Court Judges (Conditions of Service) Amendment Act (18 of 1998),
Section. 5 (w.r.e.f. 1-1-1996) [16] Substituted for
the heading "Pensions" by the High Court and Supreme Court Judges
(Conditions of Service) Amendment Act (18 of 1998), Section 5 (w.r.e.f.
1-1-1996). [17] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[one lakh rupees per mensem.] [18] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of Service)
Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Ninety thousand rupees per mensem.]" [19] Omitted vide
The High Court and Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2005. Previous text was " he has completed not
less than seven years of service for pension as a Judge in India; w.e.f.
01.04.2004." [20] Substituted by
the High Court and the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2016, for the following:- "Explanation.--In this section, "Judge" means a Judge who is
not a member of the Indian Civil Service or has not held any other pensionable
civil post under the Union or a State and includes a person who was in service
as a Judge on the 20th May, 1954, and also includes a Judge who being a member
of the Indian Civil Service or having held any other pensionable civil post
under the Union or a State has elected to receive the pension payable under
Part I of the Schedule." [21] Inserted
by High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2005, (w.e.f. 01.04.2004). [22] Inserted vide
High Court and Supreme Court Judges (Salaries and Conditions of Service)
Amendment Act, 1958 w.e.f 01.04.2004. [23] Substituted by
the High Court and the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2016, for the following:- "[(1) Every Judge-- (a) who is a member of the Indian
Civil Service shall, on his retirement, be paid a pension in accordance with
the provisions of Part II of the Schedule; (b) who is not a member of the
Indian Civil Service but has held any other pensionable civil post under the
Union or a State shall, on his retirement, be paid a pension in accordance with
the provisions of Part III of the Schedule: Provided that every such Judge shall elect to receive the pension payable
to him either under Part I of the Schedule or as the case may be, Part II or
Part III of the Schedule, and the pension payable to him shall be calculated
accordingly." [24] Section 14
renumbered as sub-section (2) inserted by the Supreme Court Judges
(Conditions of Service) Amendment Act, 1976 (36 of 1976), Section 2
(w.r.e.f 1-10-1974). [25] Inserted by
the Supreme Court Judges (Conditions of Service) Amendment Act,
1976 (36 of 1976), Section 3 (w.r.e.f. 1-10-1974). [26] Substituted
by High Court and Supreme Court Judges (Conditions of Service) Amendment
Act (38 of 1986), Section 8 (1-11-1986). [27] Substituted by
The Supreme court judges (salaries and conditions of service) Amendment
Act, 2002 (8 of 2003) w.e.f 01.01.1996, for the following:- "family pension calculated at the rate of fifty per cent of the
pension admissible to him". [28] Omitted by
the High Court and Supreme Court Judges (Salaries and conditions of
service) Amendment Act, 2009 (23 of 2009), Section 9 (w.e.f 5-4-2016), for
the following:- "[plus fifty per cent of his dearness pay]" [29] Substituted by
The Supreme Court Judges (Salaries and Conditions of Service) Amendment
Act, 2002 (8 of 2003) w.e.f 01.01.1996, for the following:- "and thereafter at the rate of half of the family pension so
admissible" [30] Omitted by
the High Court and Supreme Court Judges (Salaries and conditions of
service) Amendment Act, 2009 (23 of 2009), Section 9 (w.e.f 5-4-2016), for
the following:- "[plus thirty per cent of his dearness pay]" [31] Substituted, by
(32 of 1989), Section 7, for clause (b) (w.e.f 30-8-1989). [32] Substituted for
"family pension shall be twenty-five per cent of the pension
admissible" by The supreme court judges (salaries and conditions of
service) amendment act, 2002 (8 of 2003) section 2 w.e.f 01.01.1996. Again
amended vide High Court and Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 1958 w.e.f 01.04.2004. [33] Omitted by
the High Court and Supreme Court Judges (Salaries and conditions of
service) Amendment Act, 2009 (23 of 2009), Section 9 (w.e.f 5-4-2016), for
the following:- "3a[plus fifty per cent of his dearness pay]" [34] Inserted by
The supreme court judges (salaries and conditions of service) amendment
act, 2002 (8 of 2003) Section 2 w.e.f 01.01.1996. [35] Omitted by
the High Court and the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2016 (13 of 2016), Section 24 (w.e.f. 5-4-2016),
the previous text was:- "Part II or" [36] Substituted by
the Supreme Court and High Court Judges (Conditions of Service) Amendment
Act, 1998 (7 of 1999), Section 9 w.r.e.f 01.01.1996, for the following:- "twenty days" [37] Substituted for
by The Supreme Court and High Court Judges (Conditions of Service)
Amendment Act, 1998 (7 of 1999), Section 9 w.r.e.f 01.01.1996, for the
following:- "each completed year" [38] Omitted by
the High Court And Supreme Court Judges (Conditions of Service) Amendment
Act, 1988 (20 of 1988), Section 5 (w.r.e.f. 1-1-1986), for the following:- "and" [39] Clause (iii)
Omitted by High Court And Supreme Court Judges (Conditions of Service)
Amendment Act, 1988 (20 of 1988), Section 5 (w.r.e.f. 1-1-1986). [40] Substituted by
the Supreme Court Judges (Conditions of Service) Amendment Act,
1976 (38 of 1986), Section 8 (w.r.e.f. 1-11-1986), for the following:- "in this section" [41] Inserted
by High Court and Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2009, (01.09.2008). [42] Inserted
by High Court And Supreme Court Judges (Salaries And Conditions of
Service) Amendment Act, 2021, Section 3. [43] Omitted by the High Court
and the Supreme Court Judges (Salaries and Conditions of Service) Amendment
Act, 2016, the previous text was:- "Conversion of sterling
pension into rupees Pensions expressed in sterling
only shall, if paid in India, be converted into rupees at such rate of exchange
as the Central Government may, from time to time, specify in this behalf." [44] Omitted by the High Court
and the Supreme Court Judges (Salaries and Conditions of Service) Amendment
Act, 2016, the previous text was:- "is a member of the
Indian Civil Service or" [45] Inserted by High Court
and Supreme Court Judges (Conditions of Service) Amendment Act (20 of
1988), Section 6 (w.r.e.f. 1-11-1986) (2 of 1994), Section 3 (w.r.e.f.
1-4-1986). [46] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.07.2017 for the following :- "[(1A) Where a Judge does not avail himself of the use of an official
residence, he may be paid ever month an allowance of [equivalent to an
amount of thirty per cent of the salary [***].]" [47] Substituted by
Supreme Court Judges (Conditions of Service) Amendment Act (72 of 1983),
Section 2 (26-12-1993). [48] Substituted by High Court
and Supreme Court Judges (Conditions of Service) Amendment Act (38 of
1986), Section 10 (1-11-1986). [49] Substituted for "one
hundred and fifty liters of petrol every month of the actual consumption of
petrol" by High Court and Supreme Court Judges (Conditions of
Service) Amendment Act (38 of 1986), Section 10 (1-11-1986) (20 of 1996),
Section 2 (w.r.e.f. 11-1-1986). [50] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 22.09.2017 for the following :- "[twenty thousand]" [51] ?Substituted by the High Court And Supreme
Court Judges (Salaries And Conditions Of Service) Amendment Act,
2018 w.e.f. 22.09.2017 for the following :- "1[ fifteen thousand]" [52] Section 23C inserted by
the Supreme Court Judges (Conditions of Service) Amendment Act,
1976 (36 of 1976), Section 4 (w.r.e.f. 1-10-1974). [53] Substituted
by High Court and Supreme Court Judges (Conditions of Service) Amendment
Act (20 of 1988), Section. 6 (w.r.e.f. 1-11-1986). [54] Inserted
by Supreme Court Judges (Conditions of Service) Amendment Act (72 of
1993), Section 2 (26-12-1993). [55] Inserted
by High Court and Supreme Court Judges (Conditions of Service) Amendment
Act (20 of 1988), Section 6 (w.r.e.f. 1-11-1986) (2 of 1994), Section 3
(w.r.e.f. 1-4-1986). [56] Inserted by the High
Court and the Supreme Court Judges (Salaries and Conditions of Service)
Amendment Act, 2016. [57] Substituted by
the Supreme Court Judges (Conditions of service) Amendment Act,
1976 (36 of 1976), Section 4 (w.r.e.f 1-10-1974). [58] Substituted by
the High Court and the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2016, for the following:- "1. The provisions of this Part apply to a Judge who is not a member
of the Indian Civil Service or has not held any other pensionable civil post
under the Union or a State and also apply to a person who was in service as a
Judge on the 20th May, 1954 to a Judge who, being a member of the Indian Civil
Service or having held any other pensionable civil post under the Union or a
State, has elected to receive the pension payable under this Part. [59] Omitted vide
The High Court and Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2005 w.e.f 01.04.2004 for "and who has
completed not less than seven years of service for pension as a Judge in
India" [60] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 12,180]" [61] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 3,69,300]" [62] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 31,030]" [63] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 6,00,000]" [64] Omitted vide
The High Court and Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2005 w.e.f 01.04.2004 for "and who has
completed not less than seven years of service for pension as a Judge in
India" [65] Inserted
by High Court and Supreme Court Judges (Conditions of Service) Amendment
Act (20 of 1988), Section 7 (w.r.e.f. 1-11-1986). [66] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 5,40,000]" [67] Substituted for
" Rs. 19,700"by The Supreme Court and High Court Judges
(Conditions of Service) Amendment Act, 1998. (7 of 1999) w.r.e.f 01.01.1996 [68] Paras 6 and
7omitted by High Court and Supreme Court Judges (Conditions of Service)
Amendment Act (20 of 1988), Section 7 (w.r.e.f. 1-11-1986). [69] Omitted by
the High Court and the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2016, the previous text was:- "PART II 1. The provisions of this Part apply
to a Judge who is a member of the Indian Civil Service and who has not elected
to receive the pension payable under Part I. 2. The pension payable to such a
Judge shall be-- (a) the pension to which he is
entitled under the ordinary rules of the Indian Civil Service if he had not
been appointed a Judge, his service as a Judge in India being treated as
service therein, and (b) an additional pension
of [Rs.33,795] per annum for each completed year service for pension in
the Supreme Court: [Provided that the pension under
clause(a) and the additional pension under clause (b) together shall in no case
exceed Rs.2,97,000] per annum in the case of a Chief Justice and [Rs.
2,70,000] per annum in the case of any other Judge.] [* * * * *]" [70] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 16,020]" [71] Words "but
in no case such additional pension together with the additional or special
pension, if any, to which he is entitled under the ordinary rules of his
service shall exceed Rs. [8000] per annum." Omitted by
The Supreme Court and High Court Judges (Conditions of Service) Amendment
Act, 1998. (7 of 1999) w.r.e.f 01.01.1996. [72] Inserted
by High Court and Supreme Court Judges (Conditions of Service) Amendment
Act (20 of1988), Section 7 (w.r.e.f 1-11-1986). [73] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 6,00,000]" [74] Substituted by
the High Court And Supreme Court Judges (Salaries And Conditions Of
Service) Amendment Act, 2018 w.e.f. 01.01.2016 for the following :- "[Rs. 5,40,000]" [75] Paras 3 and
4omitted by High Court and Supreme Court Judges (Conditions of Service)
Amendment Act (20 of 1988), Section 7 (w.r.e.f 1-11-1986).SUPREME
COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958 (Amended Upto 2021)
PREAMBLE
Section 2 -
Definitions
Section 3 - Kinds
of leave admissible to a Judge
Section 4 - Leave
account showing the amount of leave due
Section
4A - Leave encashment
Section 5 - Aggregate amount of leave which may be
granted
Section 5A - Commutation of
leave on half allowances into leave on full allowances
Section 6 - Grant
of leave not due
Section 7 -
Special disability leave
Section 8 -
Extraordinarily leave
Section 9 - Leave
allowances
Section 10 -
Combining leave with vacation
Section 11 -
Consequences of overstaying leave or vacation
Section 12 -
Authority competent to grant leave
Section 12A -
Salaries of the Judges
Section 13 - Pension payable
to Judges
Section 13A - Benefit of added
years of service
Section 14 - Special provision
for pension in respect of Judges who are members of service
Section 15 - Power of
President to add to the services for pension
Section 16 - Extraordination
pension
Section 16A - Family pension and
gratuity
Section 16B - Additional
quantum of pension or family persion
Section 17 - Pension payable
to a Judge who was in receipt of pension at the time of appointment as such
Section 19 - Commutation of
pension
Section 20A - Deposit Linked
Insurance Scheme
Section 21 - Authority
competent to grant pension
Section 22 - Travelling
allowance to a Judge
Section 23 - Facilities for
rent free houses and other conditions of service
Section 23A - Conveyance
facilities
Section 23B - Sumptuary
allowance
Section 23C - Medical
facilities for retired Judges
Section 23D - Exemption from
liability to pay Income-tax on certain perquisites received by a Judge
Section 24 - Power to make
rules