WEST BENGAL CIVIL SERVICE (JUDICIAL) AND THE WEST BENGAL HIGHER JUDICIAL SERVICE (REVISION OF PAY AND ALLOWANCE) ACT, 2003

WEST BENGAL CIVIL SERVICE (JUDICIAL) AND THE WEST BENGAL HIGHER JUDICIAL SERVICE (REVISION OF PAY AND ALLOWANCE) ACT, 2003

Preamble - WEST BENGAL CIVIL SERVICE (JUDICIAL) AND THE WEST BENGAL HIGHER JUDICIAL SERVICE (REVISION OF PAY AND ALLOWANCE) ACT, 2003

THE WEST BENGAL CIVIL SERVICE (JUDICIAL) AND THE WEST BENGAL HIGHER JUDICIAL SERVICE (REVISION OF PAY AND ALLOWANCE) ACT, 2003

[Act No. 04 of 2003]

[31st March, 2003]

PREAMBLE

An Act to regulate the pay and allowance by way of revision of scale of pay of the members of the West Bengal Civil Service (Judicial) and the West Bengal Higher Judicial Service and for matters connected therewith or incidental thereto.

WHEREAS it is expedient to revise the scale of pay and allowance of the members of the West Bengal Civil Service (Judicial) and the West Bengal Higher Judicial Service;

It is hereby enacted in the Fifty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

Section 1 - Short title and Commencement

(1)     This Act may be called the West Bengal Civil Service (Judicial) and the West Bengal Higher Judicial Service (Revision of Pay and Allowance) Act, 2003.

(2)     It shall be deemed to have come into force on such date, not earlier than the first day of July, 1996, as the State Government may, by notification in the Official Gazette, appoint.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a)      "existing scale of pay" shall mean the scale of pay as specified in Schedule I;

(b)      "prescribed" means prescribed by rules made under this Act;

(c)      "Schedule" means the Schedule appended to this Act;

(d)      "State Government" means the Government of West Bengal;

(e)      "West Bengal Civil Service(Judicial) and West Bengal Higher Judicial Service" mean the West Bengal Civil Service(Judicial) and the West Bengal Higher Judicial Service constituted by the State Government.

Section 3 - Pay and allowance

(1)     Notwithstanding anything contained in any other law for the time being in force, the revised scale of pay of the members of the West Bengal Civil Service (Judicial) and the West Bengal Higher Judicial Service shall be as specified in Schedule II.

(2)     The allowances and the manner of fixation of pay in the revised scale shall be such as may be prescribed.

Section 4 - Power to make rules

(1)     The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2)     Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature, 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, the State Legislature agrees in making any modification in the rule or the State Legislature agrees 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.

Schedule I - SCHEDULE I

Schedule I

[See clause (a) of section 2]

Schedule II - SCHEDULE II

Schedule II

[See sub-section (1) of section 3]