Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
No: 41 Dated: Dec, 17 1958
THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) ACT, 1958
ACT NO. 41 OF 1958
An Act to regulate 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:―
CHAPTER I
PRELIMINARY
1. Short title.―This Act may be called the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
2. Definitions.―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 a Judge, or in 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 in the Supreme 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) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;
(i) “vacation” means such period or periods 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.
CHAPTER II
LEAVE
3. Kinds of leave admissible to a Judge.―(1) Subject to the provisions of this Act, leave granted to a Judge may be at his option either―
(a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical certificate); or
(b) leave on half allowances; or
(c) leave partly on full allowances and partly on half allowances.
(2) For the purposes of this Chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances.
(3) For the purposes of this Chapter, casual leave may be admissible to a Judge in a calendar year, for such number of days and subject to such conditions as may be prescribed.