Chapter IV
MISCELLANEOUS
22. Travelling allowances to a Judge.
22. Travelling allowances to a Judge.—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.
22-A. Facility of rent-free houses.
[i][22-A. 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.
[ii][(2) Where a Judge does not avail himself of the use of an official residence, he may be paid every month an allowance equivalent to an amount of twenty-four per centum of the salary which shall be increased at the rate of—
(a) twenty-seven per centum, when Dearness Allowance crosses twenty-five per centum; and
(b) thirty per centum, when Dearness Allowance crosses fifty per centum.]
22-B. Conveyance facilities.
[iii][22-B. Conveyance facilities.—Every Judge shall be entitled to a staff car and [iv][two hundred litres of fuel every month or the actual consumption of fuel] per month, whichever is less.]
22-C. Sumptuary allowance.
[v][22-C. Sumptuary allowance.—The Chief Justice and each of the other Judges of every High Court shall be entitled to a sumptuary allowance of [vi][thirty-four thousand] rupees per month and [vii][twenty-seven thousand] rupees per month respectively.]
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Other Contents of High Court Judges (Salaries and Conditions of Service) Act, 1954 |
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Chapter I- PRELIMINARY |
22-D. Exemption from liability to pay income-tax on certain perquisites received by a Judge.
[viii][22-D. Exemption from liability to pay income-tax on certain perquisites received by a Judge.—Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961),—
(a) the value of rent-free official residence provided to a Judge under sub-section (1) of Section 22-A 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 22-B;
(c) the sumptuary allowance provided to a Judge under Section 22-C,
shall not be included in the computation of his income chargeable under the head “Salaries” under Section 15 of the Income-tax Act, 1961.]
[ix][(d) the value of leave travel concession provided to a Judge and members of his family.]
23. Facilities for medical treatment and other conditions of service.
23. Facilities for medical treatment and other conditions of service.—(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.
23-A. Vacation of High Courts.
[x][23-A. 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.]
23-B. Special provisions in respect of continuing Judges.
23-B. Special provisions in respect of continuing Judges.— [xi][* * *]
23-C. Special provision in respect of Judges transferred from the High Court of Jammu and Kashmir.
23-C. Special provision in respect of Judges transferred from the High Court of Jammu and Kashmir.— [xii][* * *]
23-D. Medical facilities for retired Judges.
[xiii][23-D. 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 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.]
24. Power to make rules.
24. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules[xiv] to 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;
[xv][(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;
[xvi][(ca) use of official residence by a Judge under sub-section (1) of Section 22-A;]
(d) facilities for medical treatment and other conditions of service of a Judge;
(e) any other matter which has to be, or may be, prescribed.
[xvii][(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.]
25. Savings.
25. Savings.— [xviii][* * *]
References
[i] Inserted by Act 35 of 1976, Section 4 (w.e.f. 1-10-1974).
[ii] Substituted by Act 10 of 2018, S. 3 (w.e.f. 1-7-2017).
[iii] Substituted by Act 38 of 1986, Section 5 (w.e.f. 1-11-1986).
[iv] Substituted for “one hundred and fifty litres of petrol every month or the actual consumption of petrol” by Act 20 of 1996, Section 2 (w.e.f. 11-1-1996).
[v] Substituted by Act 23 of 2009, Section 6 (w.e.f. 1-9-2006).
[vi] Substituted by Act 10 of 2018, S. 4 (w.e.f. 22-9-2017).
[vii] Substituted by Act 10 of 2018, S. 4 (w.e.f. 22-9-2017).
[viii] Substituted by Act 20 of 1988, Section 3 (w.e.f. 1-11-1986).
[ix] Inserted by Act 2 of 1994, Section 2 (w.e.f. 1-4-1986).
[x] Inserted by Act 46 of 1958, Section 7 (w.e.f. 1-11-1956).
[xi] Omitted by Act 13 of 2016, S. 14 (w.e.f. 5-4-2016).
[xii] Omitted by Noti. No. S.O. 1123(E), dt. 18-3-2020 (w.e.f. 18-3-2020).
[xiii] Inserted by Act 35 of 1976, Section 5 (w.e.f. 1-10-1974).
[xiv] For the High Court Judges (Part A States) Rules, 1956, see Gazette of India, 1956, Part II, Section 3, p. 106.
[xv] Inserted by Act 13 of 2016, S. 15 (w.e.f. 1-4-2004).
[xvi] Inserted by Act 35 of 1976, Section 6 (w.e.f. 1-10-1974).
[xvii] Substituted by Act 35 of 1976, Section 6 (w.e.f. 1-10-1974).
[xviii] Omitted by Act 13 of 2016, S. 16 (w.e.f. 5-4-2016).
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