Indian Bare Acts

THE SUPREME COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1958

Title : THE SUPREME COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1958

Year : 1958

[Act, No. 41 of 1958]
[17th October, 1958]

PREAMBLE

An Act to regulate 1*[salaries and certain conditions of service] of the Judges of the Supreme Court.

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-

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1. Substituted for the words "conditions of service" by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act (18 of 1998), Section. 5 (w.r.e.f. 1-1-1996).

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This Act may be called The Supreme Court Judges 1*[(Salaries and Conditions of Service)] Act, 1958.

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1. Substituted for the words and brackets "(Conditions of Service)" by the High Court and Supreme Court Judges (Conditions of Service) Amendment Act (18 of 1998), Section. 5 (w.r.e.f. 1-1-1996).

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In this Act, unless the context otherwise requires,-

(a) "Acting Chief Justice" means a Judge appointed under article 126 of the Constitution to perform the duties of the Chief Justice of India;

(b) "Actual service" includes-

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

(ii) Vacations;

(c) "Chief Justice" means the Chief Justice of India, but does not include an acting Chief Justice;

(d) "High Court" means the High Court for a State;

(e) "Judge" means a Judge of the Supreme Court and includes the Chief Justice and an acting Chief Justice;

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

(g) "service as a Judge in India" means service rendered 1*[in the Supreme Court] or in any such Court and in one or more of the High Courts, and "Judge in India" and" service for pension as a Judge in India" shall be construed accordingly;

(h) "Service for pension" includes-

(i) Actual service;

(ii) Time spent by a Judge of a High Court in attending the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution if he is subsequently appointed as a Judge;

(iii) Forty-five days or the amount actually taken, whichever is less, of each period of leave on full allowances;

(i) "Vacation" means such period or period during a year as may be fixed as vacation by or under the rules of the Supreme Court made with the prior approval of the President.

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1. Substituted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016, for the following:-
"either in the Federal Court or in the Supreme Court"

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Last updated on August, 2016

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