In
exercise of the powers under Section 16 of the Uttar Pradesh State Law
Commission Act, 2010 (U.P. Act No. 10 of 2010), the Governor is pleased to make
the following rules. (1) These rules may be called the Uttar Pradesh State Law
Commission (Salaries, Allowances and Conditions of Service of Chairperson)
Rules, 2011. (2) They shall be deemed to have come into force on
January 28, 2008. In
these rules, unless the context otherwise requires,- (a) "Act" means the Uttar Pradesh State Law
Commission Act, 2010. (b) "Camp Office" means camp office of the
Commission at Allahabad or at any other place notified from time to time by the
State Government. (c) "Headquarter" means office of the State Law
Commission at Lucknow. The
Chairperson shall be entitled to receive salary and other allowances per
mensum, as are admissible to the serving Chief Justice of a High Court under
the High Court Judges (Salaries and Conditions of Service) Act, 1954 and High
Court Judges Rules, 1956: Provided
that the salary of a person appointed as Chairperson who has retired as Judge
of a High Court or who has retired from service under the Central Government or
State Government shall not be less than the salary paid or payable to him at
the time of such retirement: Provided
further that if a person referred to in the first proviso is in receipt of or
has received or has become entitled to receive any retirement benefits by way
of pension (other than a disability or wound pension), in respect of any
previous service under the Government of India or under the Government of
State, his salary in respect of service as the Chairperson shall be reduced by
the amount of that pension including commuted portion of pension, if any. (1) The Chairperson shall be provided with a rent free
fully furnished accommodation with amenities and other facilities and benefits
of free telephone as are admissible to the serving Chief Justice of High Court.
The Chairperson shall be entitled to re-imbursement of charges on account of
water and electricity consumed at his residence under the High Court Judges
Rules, 1956. (2) If the Chairperson is not provided with or does not
avail himself of an official residence referred to in sub-rule (1), he shall be
paid a monthly house rent allowance as admissible to the serving Chief Justice
of a High Court under the High Court Judges (Salaries and Conditions of
Service) Act, 1954 and the High Court Judges Rules, 1956. (3)
Where the Chairperson
occupies an official residence beyond the permissible period he shall be
governed with the relevant rules and orders of the Government. Pension
shall be admissible to the Chairperson, equivalent to the pension which would
be admissible to the Chief Justice of a High Court under the High Court Judges
(Salaries and Conditions of Service) Act, 1954 and relevant rules including
Rule 2 of the High Court Judges Rules, 1956 read with the All India Services
(Death-cum-Retirement Benefits) Rules, 1958, for the period of service rendered
as Chairperson, in addition to the pension he may be entitled to, in respect of
any previous service under the Central Government or any State Government: Provided
that the pension payable to the Chairperson under this rule together with the
amount of pension, including commuted portion of pension, if any, admissible to
him under the Central or State Government prior to his appointment in the
Commission shall not exceed Rupees Forty-five thousand per mensum or Rupees
Five lakh forty thousand per annum as admissible to the Chief Justice of a High
Court under Para 2.1.1 of the Order No. L-11017/IX 2008-Jus., dated May 11,
2009 issued by the Ministry of Law and Justice, Government of India: Provided
further that such ceiling shall be subject to further revision according to
that applicable to the Chief Justice of High Court from time to time: Provided
also such pension shall be payable to the Chairperson if he has put in minimum
two years of service in the Commission. (1) A person, on appointment as the Chairperson, shall be
entitled to various kinds of leave as are admissible to the Chief Justice of
High Court under the High Court Judges (Salaries and Conditions of Service)
Act, 1954 and the High Court Judges Rules, 1956. (2) On the expiry of his term in the office of the
Commission the Chairperson shall be entitled to receive cash equirvalent to
leave salary in respect of the earned leave standing to his credit: Provided
that the quantum of leave encashment under this sub-rule together with any
leave encashment to which he was entitled prior to his appointment in the
Commission shall not exceed 300 days. The
Chairperson,— (i) shall be entitled to draw travelling allowance for the
journey to join his appointment or on vacation of his office in the Commission
at the same scales and at the same rates as are prescribed in the High Court
Judges (Travelling Allowances) Rules, 1956. (ii)
When travelling on duty,
he shall be entitled to travelling allowance and daily allowance at the same
rates as are admissible to serving Chief Justice of a High Court. He shall also
be provided with the facilities of boarding, lodging and conveyance by the
Commission, and if any amount is spent by the Chairperson, on such account, it
shall be reimbursed by the Commission. The
Chairperson shall be entitled to such facilities and benefits of leave travel
concession for himself, his wife and dependent members of his family as
provided to the serving Chief Justice of a High Court from time to time. He
shall be entitled to reimbursement of all expenses incurred on account of fare
by air, rail, steamer or road including those within city limits, if any, by
him on such journey, under the High Court Judges Travelling Allowances Rules,
1956. The
Chairperson shall be entitled to receive such dearness allowance, city
compensatory allowance, sumptuary allowance and other allowances, as are
admissible to the serving Chief Justice of a High Court from time to time under
the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the
High Court Judges Rules, 1956. The
Governor shall be the authority competent to sanction leave to the Chairperson. The Chairperson
will be his own controlling officer for the purpose of the travelling
allowance. Other
allowances and conditions of service of the Chairperson provisions wherefor
have not expressly been made in the Act of these rules, shall be such as are
applicable to the serving Chief Justice of a High Court.Uttar Pradesh State Law
Commission (Salaries, Allowances and Conditions of Service of Chairperson)
Rules, 2011
The Chairperson shall be entitled to the facility of vehicles for use of
official and private journey, as provided to the serving Chief Justice of a
High Court.
The Chairperson and the members of his family shall be entitled to such
facilities for medical treatment and for accommodation in hospitals as may be
provided to the serving Chief Justice of a High Court from time to time.