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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



Every Judge shall receive such reasonable allowances 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.

22A -1* Facility of rent free houses

(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 this behalf.

(2) Where a Judge does not avail himself of the use of an official residence, he may be paid every month an allowance of 2* [equivalent to an amount of thirty per cent of the salary 3[***]].

22B - 4* Conveyance facilities

Every Judge shall be entitled to a staff car and 5 [two hundred liters of fuel every month or the actual consumption of fuel] per month, whichever is less.]

6*22C - 7*Sumptuary allowance

8*[The Chief Justice and each of the other Judges of every High Court shall be entitled to a sumptuary allowance of fifteen thousand rupees per month and twelve thousand rupees per month respectively.]

22D -9* 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 22A or the allowance paid to him under sub-section (2) of that section;

(b) The value of the conveyance facilities provided to a Judge under section 22B;

(c) The sumptuary allowance provided to a Judge under section 22C,

10*[(d) the value of leave concession provided to a Judge and members of his family,]

shall not be included in the computation of his income chargeable under the head "Salaries" under section 15 of the Income-tax Act, 1961.]

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1. Section22A inserted by Act 35 of 1976, S. 4 (w.r.e.f. 1-10-74).

2. Substituted for "[two thousand five hundred rupees]" by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.e.f 08.01.1999.Again amended vide High Court and Supreme Court Judges (Salaries and conditions of Service) Amendment Act, 2005 w.e.f 01.04.2004.

3. Omitted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was
"plus thirty per cent of the dearness pay"

4. Sections 22B and 22C substituted by the H. C. and S. C. Judges (Conditions of Services) Amendment Act (38 of 1986), Section 5 (1-11-1986).

5. Substituted for "one hundred and fifty liters of petrol every month or the actual consumption of petrol" by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1996. w.r.e.f 11.01.1996.

6.Substituted for "five hundred" by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1996. w.r.e.f 11.01.1996. Again amended vide High Court and Supreme Court Judges (Salaries and conditions of Service) Amendment Act, 2005 w.e.f 01.04.2004 for three thousand.

7. Substituted for "three hundred" by The Supreme Court and High Court Judges (Conditions of Service) Amendment Act, 1996. w.r.e.f 11.01.1996. Again amended vide High Court and Supreme Court Judges (Salaries and conditions of Service) Amendment Act, 2005 w.e.f 01.04.2004

8. Substituted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was
"The Chief Justice and each of the other Judges of every High Court shall be entitled to a sumptuary allowance of seven thousand five hundred ]rupees per month and six thousand rupees per month, respectively.]"

9. Substituted by H. C. and S. C. Judges (Conditions of Service) Amendment Act (20 of 1988), Section 3 (w.r.e.f. 1-11-1986).

10. Inserted by H. C. and S. C. Judges (Conditions of Service) Amendment Act (2 of 1994), Section 2 (w.r.e.f. 1-4-1986).

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(1) 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.

(2) The conditions of service of a Judge for which no express provision has been made in this Act shall be such as may be determined by rules made under this Act.

(3) This section shall be deemed to have come into force on the 26th January, 1950 and any rule made under this section may be made so as to be retrospective to any date not earlier than the commencement of this section.

23A - 1*Vacation of High Courts

(1) Every High Court shall have a vacation or vacations for such period or periods as may, from time to time, be fixed by the President, by order notified in this behalf in the Official Gazette, and every such order shall have effect, notwithstanding anything contained in any other law, rule or order regulating the vacation of the High Court.

(2) Every order made under sub-section (1) shall be laid before each House of Parliament.]

23B - 2*[* * *]

3[* * *]

23C -4* Special provisions in respect of Judges transferred from the High Court of Jammu and Kashmir

(1) In the calculation of service for pension of a Judge of the High Court of Jammu and Kashmir transferred to any other High Court, his service for pension as a Judge of the High Court of Jammu and Kashmir shall also be reckoned as service for pension under this Act.

(2) In the calculation of the amount of leave at the credit of a Judge of the High Court of Jammu and Kashmir transferred to any other high Court, the amount of leave due to him as a Judge of the High Court of Jammu and Kashmir shall be added to the amount of leave at his credit under this Act.]

23D - 5* Medical facilities for retired Judges

(1) Every retired Judge shall, with effect from the date on which the High 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.

(2) Notwithstanding anything contained in sub-section (1) but subject to such conditions and restrictions as the Central Government may impose, a retired Judge of the High Court for a State may avail, for himself and his family, any facilities for medical treatment which the Government of that State may extend to him.]

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1. Inserted by the High Court Judges (Conditions of Service) Amendment Act, 1958 (46 of 1958), Section 7 (w.r.e.f. 1-11-1956).

2. Inserted by the High Court Judges (Conditions of Service) Amendment Act, 1958 (46 of 1958), Section 7 (w.r.e.f. 1-11-1956).

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

"1[23B. Special provisions in respect of continuing Judges
(1) In the calculation of the service for pension of a continuing Judge for the purposes of this Act, his previous service for pension as a Chief Justice or as a Judge of a former High Court in a Part B State, under the provisions of the High Court Judges (Part B States) Order, 1953, or any other order or rule then applicable to him, shall be reckoned as service for pension as a Chief Justice or, as the case may be, as a Judge under this Act.

(2) In the calculation of the amount of leave at the credit of a continuing Judge for the purposes of this Act, the amount of leave due to him immediately before the 1st day of November, 1956, under the provisions of the High Court Judges (Part B States) Order, 1953, or any other order or rule then applicable to him, shall be added to the amount of leave at his credit under this Act.

(3) In this section, "continuing Judge" means a Judge of a former High Court in a Part B State who on the 1st day of November, 1956, or on any date subsequent thereto has become or been appointed as a Judge of a High Court for a State.]"

4. Inserted and shall be deemed always to have been inserted by the High Court Judges (Conditions of Service) Amendment Act (27 of 1964), Section 3.

5. Inserted by Act (35 of 1976), Section 5 (w.r.e.f. 1-10-1974).

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(1) The Central Government may, by notification in the Official Gazette, make rules1to 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 matters, namely:-

(a) Leave of absence of a Judge;

4*[(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;

(c) Travelling allowances to a Judge;

2*[(ca) Use of official residence by a Judge under sub-section (1) of section 22A;]

(d) Facilities for medical treatment and other conditions of service of a Judge;

(e) Any other manner which has to be, or may be, prescribed.
3[(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.]

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1. For the High Court Judges (Part A States) Rules, 1956, --See Gaz. of India, Pt. II--S. 3, p. 106.

2. Inserted by Act 35 of 1976 Section 6(a) (w.r.e.f. 1-10-1974).

3. Substituted by Act 35 of 1976 Section 6(a) Section 6(b) (w.r.e.f. 1-10-1974).

4. Inserted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016.

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1* * *

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1. Section 25 was renumbered as sub-section (1) thereof and sub-section (2) was added thereafter by the High Court Judges (Conditions of Service) Amendment Act, 1958 (46 of 1958), Section 4 (w.r.e.f. 1-11-1956).

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

"Savings

(1) 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 allowances or his rights in respect of leave of absence (including leave allowances) or pension than those to which he would be entitled if this Act had not been passed.

(2) Nothing contained in this Act, as amendment by the High Court Judges (Conditions of Service) Amendment Act, 1958, shall have effect so as to give to a Chief Justice or a Judge of a former High Court in a Part B State less favourable terms in respect of his allowances or his rights in respect of leave of absence (including the leave allowances) or pension than those to which he would be entitled under the High Court Judges (Part B States) Order, 1953, or any other order or rule then applicable to him, if he had continued as a Judge of that High Court his service as a Judge on or after the 1st day of November, 1956, being treated as service in that High Court.]"

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Last updated on July, 2016

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