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THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1954

Title : THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1954

Year : 1954

[Act, No. 28 of 1954]1*
[20th May, 1954]


PREAMBLE

An Act to regulate 2*[salaries and certain conditions of service] of the Judges of High Courts 3 [* *]

Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:


CHAPTER I 4*

PRELIMINARY

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1. Inserted By The The High Court And Supreme Court Judges (Conditions Of Service) Amendment Act, 1998 (18 Of 1998) w.r.e.f 01.01.1996

2. Substituted for "certain conditions of service" By The The High Court And Supreme Court Judges (Conditions Of Service) Amendment Act, 1998 (18 Of 1998) w.r.e.f 01.01.1996.

3. The words "in Part A States" were omitted by 3 A. L. O., 1956.

4. The Act has been extended to and enforced in the State of Sikkim--See Gaz. of Ind., 16-5-1975, Part II, Section 3(ii), Extra., pp. 1213, 1227.

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This Act may be called The High Court Judges 1*["(Salaries and Conditions of Service)] Act, 1954.

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1.Substituted for "(Conditions of Service)" By The The High Court And Supreme Court Judges (Conditions Of Service) Amendment Act, 1998 (18 Of 1998)w.r.e.f 01.01.1996.

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(1) In this Act, unless the context otherwise requires,-

(a) "Acting Chief Justice" means a Judge appointed under article 223 of the Constitution to perform the duties of the Chief Justice;

(b) "Acting Judge" means a person 1[* * *] appointed to act as a Judge 9[***] 2*[or under clause (2) of article 224 of the Constitution];

(c) "Actual service" includes-

(i) Time spent by a Judge on duty as a Judge or in the performance of such other functions as he may, at the request of the President of India, undertake to discharge;

(ii) Vacations, excluding any time during which the Judge is absent on leave;

(iii) Joining time on transfer from a High Court to the Supreme Court or from one High Court to another or from the Supreme Court to a High Court;

(iv) Time spent by a Judge on duty as a Judge of a former Indian High Court;

(v) Time spent by a Judge to attend the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution; and

(vi) Vacation (excluding any time during which the Judge was absent on leave taken by a Judge as a Judge of a former Indian High Court;

(d) "Additional Judge" means a person 3[* * *] appointed as an additional Judge 10[***] 2*[or under clause (1) of article 224 of the Constitution];

11[***]

(f) "High Court" means a High Court 4[for a State] and includes a High Court which was exercising jurisdiction 5[in a Part A State or] in the corresponding Province before the commencement of the Constitution;

(g) "Judge" means a Judge of a High Court and includes the Chief Justice, 6[an acting Chief Justice, an additional Judge and an acting Judge of the High Court];

7*[(gg) "Pension" means a pension of any kind whatsoever payable to or in respect of a Judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits.]

(h) "Service for pension" includes-

(i) Actual service;

8*[(ii) The amount actually taken of each period of a leave on full allowances at a rate equal to the monthly rate of salary;]

(iii) Joining time on return from leave out of India;

(i) "Prescribed" means prescribed by rules made under this Act.

(2) In the calculation of service for the purposes of this Act, 12*[service for any period or periods as acting Judge or additional Judge] shall be reckoned as service as a Judge but, save as otherwise expressly provided, previous service as an acting Chief Justice shall not be reckoned as service as Chief Justice.

13[***]

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1. Words "who was", omitted by 3 A.L.O., 1956.

2. Added by 3 A.L.O., 1956.

3. Words "who was", were omitted by 3 A. L. O., 1956.

4. Substituted for "in any Part A State" by 3 A. L.O., 1956.

5. Inserted by 3 A. L. O., 1956.

6. Substituted for "and acting Chief Justice of a High Court" by the High Court Judges (Conditions of Service) Amendment Act, 1958 (46 of 1958), Section 2 (with retrospective effect from 1-11-1956).

7. Inserted, and deemed always to have been inserted by Act 50 of 1961, Section 2.

8. Inserted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1980 (57 of 1980), Section 2 (10-12-1980).

9. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-

"under sub¬section (2) of section 222 of the Government of India Act, 1935"

10. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-

"under sub-section (3) of section 222 of the Government of India Act, 1935"

11. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-

"(e) "former Indian High Court means the High Court at Rangoon, the High Court at Lahore, the Chief Court of Sind or the Judicial Commissioner's Court of North-West Frontier Province;"

12. Substituted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, for the following:-

"previous service for any period or period as acting Judge or additional Judge or as a Judge of a former Indian High Court"
13. Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, the previous text was:-

"(3) Any period of leave taken by a Judge before the commencement of this Act under the rules then applicable to him as an acting Judge, additional Judge or a Judge shall, for the purposes of this Act, be treated as if it were leave taken by him under this Act.

(4) Any period of leave taken by a Judge while serving as a Judge of a former Indian High Court before his appointment to a High Court shall, for the purposes of this Act, be treated as if it "were leave taken by him under this Act."

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Last updated on June, 2016

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