Himachal Pradesh Subordinate Courts’ Employees (Pay, Allowances and other Conditions of Service) Act, 2005
No: 3 Dated: Feb, 07 2006
THE HIMACHAL PRADESH SUBORDINATE COURTS’ EMPLOYEES (PAY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE) ACT, 2005
(ACT NO. 3 OF 2006)
An Act to provide for the regulation of the pay, allowances and other conditions of service of the Subordinate Courts’ employees in the State of Himachal Pradesh and for the matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-sixth Year of the Republic of India, as follows:-
1. Short title.- This Act may be called the Himachal Pradesh Subordinate Courts’ Employees (Pay, Allowances and other Conditions of Service) Act, 2005.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “allowances” means the allowances admissible to the employees of the Subordinate Courts in Himachal Pradesh immediately before the commencement of this Act;
(b) “notification” means a notification published in the Official Gazette;
(c) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(d) “prescribed” means prescribed by rules made under this Act;
(e) “Schedule” means Schedule appended to the Act;
(f) “Subordinate Courts’ employees” means the employees of the Subordinate Courts of Himachal Pradesh;
(g) “State” means the State of Himachal Pradesh; and
(h) “State Government” means the Government of Himachal Pradesh.
3. Pay, allowances and other conditions of service.-(1) The Subordinate Courts’ Employees shall be paid the pay scales, as specified in the SCHEDULE : Provided that the categories of employees mentioned at Sr. Nos. 1, 2, 7, 8, 9 and 33 of the SCHEDULE, who have been given higher pay scales as per the recommendations of the Shetty Commission, shall not be entitled to additional increment granted by the State Government vide Notification No. Home-B (E) 2-7/2009-HC dated 24-09-2012, however, other categories of employees, except above mentioned categories, who have not been granted higher pay scale, shall be entitled to one additional increment on the existing pay with effect from 1-4-2003 instead of 1-10-2012 under the said notification.]
(2) The rates of allowances and other conditions of service of the Subordinate Courts’ employees shall be such as may be prescribed.
3-A. Power to amend SCHEDULE.—The State Government may, by notificationpublished in the Official Gazette, amend or substitute the SCHEDULE and thereuponthe SCHEDULE shall be deemed to have been amended accordingly.
4. Power to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules regulating the pay, allowances and other conditions of service of the Subordinate Courts’ employees.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modifications in the rule or decides 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.
5. Saving.- The rules applicable to the Subordinate Courts’ employees immediately before the commencement of this Act, shall continue to regulate the pay, allowances and other conditions of service until rules regulating pay, allowances and other conditions of service are framed under this Act.