Uttar Pradesh State Law Commission (Salaries, Allowances and Conditions of Service of Chairperson) Rules, 2011

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.

Rule - 1. Short title and commencement.

(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.

Rule - 2. Definitions.

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.

Rule - 3. Pay.

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.

Rule - 4. Accommodation.

(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.

Rule - 5. Pension.

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.

Rule - 6. Facility of conveyance.

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.

Rule - 7. Facilities for medical treatment.

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.

Rule - 8. Leave.

(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.

Rule - 9. Travelling allowance and other facilities.

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.

Rule - 10. Leave Travel Concession.

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.

Rule - 11. Dearness Allowance, City Compensatory Allowance and Sumptuary allowance.

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.

Rule - 12. Leave Sanctioning Authority.

The Governor shall be the authority competent to sanction leave to the Chairperson.

Rule - 13. Controlling Officer for Travelling Allowance.

The Chairperson will be his own controlling officer for the purpose of the travelling allowance.

Rule - 14. Other conditions of service.

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.