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

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

Year : 1958



Save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a Judge under the provisions of this Act shall be the President.



A Judge receive such reasonable allowance 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.



(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 his behalf.

1*[(1A) Where a Judge does not avail himself of the use of an official residence, he may be paid ever month an allowance of 2 [equivalent to an amount of thirty per cent of the salary 4[***].]

(2) 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.

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

3*[(4) Sub-section(1), (3) shall be deemed to have come into force on the 26th day of January,1950 and sub-section (1A) shall be deemed to have come into force on the 9thday of May, 1986 and any rule made under any of the said sub-sections may be made so as to be retrospective to any date not earlier than the commencement of the respective sub-section.]

23A -5* Conveyance facilities

Every Judge shall be entitled to a staff car and 6*[two hundred and fifty liters of petrol every month or the actual consumption of fuel] per month, whichever is less.]

23B - Sumptuary allowance

The Chief Justice and each of the other Judges shall be entitled to a sumptuary allowance of 7*[twenty thousand] rupees per month and 7*[ fifteen thousand] rupees] per month respectively.

23C - 8* Medical facilities for retired Judges

Every retired Judge shall, with effect from the date on which the Supreme 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.]

23D -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 23 10*[for the allowance paid to him under sub-section (1A) of that section];

(b) The value of the conveyance facilities provided to a Judge under section 23A;

(c) The sumptuary allowance provided to a Judge in section 23B,
shall not be included in the computation of his income chargeable under the head "Salaries" under section 15 of the Income-tax Act, 1961.]

11*[(d) the value of leave travel concession, provided to or Judge and members of his family.]

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1. Inserted by Supreme Court Judges (Conditions of Service) Amendment Act (72 of 1983), S.2(26-12-1993).

2. Substituted for "three thousand 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 substituted vide The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004.

3. Substituted by Supreme Court Judges (Conditions of Service) Amendment Act (72 of 1983), S.2(26-12-1993).

4. 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"

5. Substituted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (38 of 1986), Section. 10 (1-11-1986).

6. Substituted for "one hundred and fifty liters of petrol every month of the actual consumption of petrol" by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (38 of 1986), Section. 10 (1-11-1986) (20 of 1996), Section.2 (w.r.e.f. 11-1-1986).

7. Amended vide High Court and Supreme Court Judges (Conditions of Service) Amendment Act 938 of1986) and thereafter vide High Court and Supreme Court Judges(Salaries and Conditions of Service) Amendment Act, 2009

8. Section 23C inserted by the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 1976), Section.4 (w.r.e.f. 1-10-1974).

9. Substituted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of 1988), Section. 6 (w.r.e.f. 1-11-1986).

10. Inserted by Supreme Court Judges (Conditions of Service) Amendment Act (72 of 1993), Section 2 (26-12-1993).

11. Inserted by High Court and Supreme Court Judges (Conditions of Service) Amendment Act (20 of 1988), Section 6 (w.r.e.f. 1-11-1986) (2 of 1994), Section 3 (w.r.e.f. 1-4-1986).

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Last updated on August, 2016

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