 8111 no 90 of j970  the high court judges (conditions of service) amendment bill, 1970 a billfurther to amend the high court judges (conditions of service) act 1954 be it enacted by parliament in the twenty-first year of the republic of india as follows:-1 (1) this act may be called the high court judges (conditions of service) amendment act, 1970 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint short title and com· mencement 28 of 19m amendment of section 2 2 in section 2 of the high court judges (conditions of service) act, 1954 (hereinafter referred to as the principal act), in sub-section (1), in sub-clause (ii) of clause (h), for the words "one month", the 10 words "forty-five days" shall be substituted 3 in section 3 of the principal act, in sub-section (1), for dause (a), the following clause shall be substituted, namely:-amendment of section 3, "(a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical is certificate); or" amendmentof section 5 4 in section 5 of the principal act, in sub-section (3), for the words "the maximum period of leave which may be granted", the words, brackets, figures and letter "subject to the provisions of sub-section (2) of section sa,  the maximum period of leave which may be granted" 20 shall be substituted 5 after section 5 of the principal act, the following &ection shah be inserted, namely:-"'sa (1) notwithstanding anything contained in sub-section (2) of section 5, a judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to 5 a maximum of three months during the whole period of his service as a judge insertion of new cection 5a commuta tion of leave on half allowances into leave on full allowan::es (2) in computing the maximum period of leave on full allowances which may be granted at one time to a judge under sub-section (3) of section 5, the amount of commuted leave pennitted 10 to him under this section shall not be taken into a~ount" amendment of section 9 6 in section 9 of the principal act, in sub-section (1), for the words "for the first month of such leave", the words "for the first forty-five days of such leave" shall be substituted  statement of objects and reasonsunder the high court judges (conditions of service) act, 1954, when a high court judge avails of leave on full allowances, he can draw full salary (ckual to monthly rate of pay) for the first month and leave allowance at the rate of ru 2,220 per month for the rest of such leave it has ibeen represented that this provision is too restrictive and causes hardship it is accordingly proposed that as in the cas~! of supreme court judges, the high court judges may also be allowed full salary (equal to monthly rate of pay) for the first 45 days of leave on full allowances at present there is no provision for the glj8llt of "commuted leave" to a high court judge with the result that if a judge is forced to take long leave on grounds of ill-health, he has to avail of leave on halt allowances during which period be is entitled to an allowance at the rate of rs 1,110 per month only to give some relief in such cases, it is proposed to extend to the judges of the high courts the facility of commuting leave on half allowances into leave on full allowances on medical certificate up to a maximum period of three months during the entire service as judge, on the analogy of ~he provision for "commuted leave" obtaining in the case of central government employees the bill seeks to amend the high court judges (conditions of service) act, 1954 to achieve the above objectives new delhi; ram niw as mir'dha the 12th august, 1970  president's recommendation under article 117 of the constitution of india[copy of letter no 1913169-judl~ in (iv) dated the 13th au~st, 1970' from shri ram niwas mirdha minister of state in the ministry of home affairs to the secretary, lok sabha]  the president having been informed of the subject matter of the high ~ourt judges (conditions of service) amendment bill, 1970, recommends the introduction and consideration of the bill in the lok sabha \ulder article 117 (1) and 117 (3) of the constitution of india clause 5 of the bill makes provision enabling a high court judge to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum period of three months during the entire period of his service as a judge the monthly rate of allowance payable to a judge during leave on half allowances is rs 1,110; during leave on full allowances according to section 9 of the act as proposed to be amended by clause 6 of the bill, a judge will be entitled to draw full salary (equal to monthly rate of pay) for the first 45 days instead of one month as at present and leave allowance at the rate of rs 2,220 per month for the rest of such leave 1£ commuted leave is taken in spells of less than 45 days, the monthly allowance will be rs 4,000 for a chief justice and rs 3,500 for any other judge since only six months of leave on half allowances can be converted into leave on full allowances, the additional expenditure per judge, other than the chief justice, would be rs 3,500 minus rs 2,220, ie rs 1,280 for each month of commuted leave or rs 3,840 for the entire period of three months commuted leave 2 under clause 6 of the bill which seeks to amend section 9 of the act, a high court judge will be entitled to leave allowanl;e at monthly rate of his pay for the first 45 days instead of one month as at present the additional expenditure involved is rs 640 on each occasion when leave on full allowances for more than 45 days is taken 3 the additional expenditure in respect of judges of high courts except the delhi high court will be a charge on the consolidated fund of the states so far as the delhi high court is concerned, assuming that all the 13 permanent judges of that high court will avail of commuted leave, the total expenditure will be of the order of rs 49,920; the average period of service of a judge of the delhi high court being 10 years, the annual recurring expenditure for that high court will be about rs 5,000 4 there will be no non-recurring expenditure  - - - - - - - z (1) in this act, unless the context otherwise requires,-- - (h) 'iservice for pension" include-(i) actual service; (ii) one month or the amount actually taken, whichever is less, of each period of leave on full allowances; - - - - - 3 (1) subject to the provisions of this act, leave granted to a judge may ·be at his option either-l:inda of leave admiuible to a jud,e (4) leave on full allowances; or - - - - - i (1) - - - - - ~,re­jiite amount of leave which may be ,ranted {3) the il12i!idmum period'of' leave which may be granted at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months - - - - - leave allowances 9 (1) the monthly rate of leave allowances payable to a judge while on leave on full allowances shall be for the 1lrst month of such leave a rate equal to the monthly rate of his salary, and thereafter two thousand two hundred and twenty rupees - - - - -  ) s ; , , a bill further to amend the high court judges (conditions of service) act, 1954 (shri ram nifljas mirdha, minister oj state in the ministry of home affairs) 