 the high court judges (condi- tions of service) amend- ment bill, 1958(as introduced in lok sabha)  the high court judges (conditions of service) amendment bill, 1958 (as introduced in lok sabha) billfurther to amend the high court judges (conditions of service) act, 1954 be it enacted by parliament in the ninth year of the republic of india as follows:-1 (1) this act may be called the high court judges (conditions of short title service) amendment act, 1958 and commencement 5 (2) it shall be deemed to have come into force on the 1st day of november, 1956 2 in section 2 of the high court judges (conditions of ser,lce) amendment act, 1954 (hereinafter refl"rrl"d to as the principal act), in sub-section of section % (1), in clause (g), for the words "and acting chief justice of a high 10 com·t", the words "an acting chief justice, an additional judge and 8n acting judge of the high court" shall be substituted 3 in section (j of the principal act, for the words "and not more amendment than once", the words "or for two or more periods, not exceeding in ofsection 6 the aggregate, six months" shall be substituted 15 4 in section 8 of the principal act, for the words "extraordinary a nd leave not exceeding six months in duration may be granted to a judge of~:cti~il~~ not more than once", the words "extraordinary leave may be granted to a judge for a period not exceeding six months, or for two or more periods, not exceeding in the aggregate, six months" shall be substi-20 tuted amendment of section 14· 5 in section 14 of the principal act, after the proviso, the following further proviso shall be inserted, namely:-"provided further that if a judge at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service in the union or a 5 state, the pension payable under this act shall be in lieu of, and not in addition to, that pension" 6 in section 18 of the principal act, the proviso shall be omitted amendment of section 18 insertion of 7 after section 23 of the principal act, the following sections shall new sections be inserted namely'-23a and , - 10 23b vacation of high courts "23a (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 othet law, rule or order regulating the 15 vacation of the high court (2) every order made under sub-section (1) shall be laid before each house of parliament special provisions in respect of continuing judges amendment of section 24· zab (1) in the calculation of the service for pension of a continuing judge for the purposes of this act, his previous service 70 for pension as a chief justice or as a judge of a former high court in a part b state, under tht~ provisions of the iiigh court judges' (part b states) order, 1953, or any other order or rule then applicable to him, shall be reckoned as service for pension as a chief justice or, as the case may be, as a judge under this 25 act (2) in the calculation of the amount of leave at the credit of a continuing judge for the purposes of this act, the amount of leave due to him immediately before the 1st day of november, 1956, under the provisions of the high court judges (part b ·,0 states) order, 1953, or any other order or rule then applicable to him, shall be added to the amount of leave at his credit under this act (3) in this section, "continuing judge" means a judge of a former high court in a part b state who on the lst day of nov- 35 ember, 1956, or on any date subsequent thereto has become or been appointed as a judge of a high court for a state"  8 in section 24 of the principal act, fur sub-section (3), the following sub-section shall be substituted, namely:-"(3) all rules made under this section shall be laid for not 40 less than thirty days before each house of parliament as soon as may be after they are made and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following" 9 section 25 of the principal act shall be re-numbered as sub- amendment s section (1) thereof and after sub-section (1) as so re-num bered, the of section following sub-section shall be inserted, namely: _ 2s· "(2) nothing contained in this act, as amended by the high court judges (conditions of service) amendment act, 1958, shall have effect so as to give to a chief justice or a judge of a former fo high court in a part b state less favourable terms in respect of his allowances or his rights in respect of leave of absence (including the leave allowances) or pension than those to which he would be entitled under the high court judges (part b states) order, 1953, or any other order or rule then applicable to him, 15 if he had continued as a judge of that high court, his service as a judge on or after the 1st day of november, 1956, being treated as service in that high court" 10 in the first schedule to the principal act,-amendment of the firat (a) in part 1, to paragraph 9, the following proviso shall be schedule added, namely:-20 "provided that nothing in this paragraph shall apply-(a) to an additional judge or acting judge; or 25 (b) to a judge who at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the union or a state"; (b) in part ii, for paragraph 3, the following paragraph shall be substituted, namely:-"3 tf such a judge has completed not less than seven 30 years of service for pension in a high court, he shall be entitled to an additional pension in accordance with- the following scale:-per annum rs 3s for seven completed years of service for pension 1,333 for eight completed years of service for pension 1,600 for nine completed years of service for pension 1,866 for ten completed years of service for pension 2,133 for eleven completed years of service for pension 2,400 40 for twelve or more completed years of service for pension 2,666  statement of objects and reasonsthe high court judges (conditions of service) act, 1954, lays down the conditions of service of judges of the high courts when it was enacted, there was no provision in the constitution for the appointment of acting or additional judges in high courts such a provision was introduced by an amendment of the constitution with effect from the 1st november, 1956 it is, therefore, proposed to provide that service rendered by acting and additional judges of high courts shall count as service as a judge for the purposes of high court judges (conditions of service) act, 1954 2 a number of judges of the former high courts in part b states are now functioning as judges of high courts on the reorganisation of states it is proposed to provide that their previous service for pension under the high court judges (part b states) order, 1953, or any other order or rule then applicable to them $hould be added to their service for pension under the act of 1954 it is further proposed that the amount of leave standing at their credit on the 31st october, 1956, should be added to their leave account under the act of 1954 3 certain minor as well as clarificatory amendments, which have been found necessary as a result of the working of the act of 1954, have also been included in this bill new delhi; govind ballabh pant the 9th september, 1958 clause 2 of the bill enlarges the definition of the word "judge" so as to include an acting judge and an additional judge service rendered as an acting judge or an additional judge would, therefore, count for service for the purposes of leave and pension this would involve some small additional expenditure to government 2 a number of judges of the former high courts in part b states are now functioning as judges of high courts the proposed section 23b in clause 7 of the bill provides that their previous service for pension under the high court judges (part b states) order, 1953, or any other order or rule then applicable to them should be added to their service for pension under the act of 1954 it is further provided that such judges should be enabled to carry forward the leave standing at their credit on 31st october, 1956, under the rules then applicable to them and to enjoy it under the act of 1954 the amount of pension and leave allowances admissible under the order of 1953 were slightly less than those admissible under the act of 1954 this may involve some extra expenditure to government, but it is not possible to calculate the additional burden on this account the extra expenditure is not, however, expected to be appreciable 3 the bill, if enacted and brought into operation, might involve some additional expenditure on account of leave allowances and pension payable to judges the expenditure involved on account of leave allowances will be a charge on the consolidated fund of the states concerned whilst the pensions payable to such judges are first charged on the consolidated fund of india and recovered from the states concerned,! the proposed section 23a in clause 7 of the bill seeks to empower the president to regulate the vacation of each high court by order notified in the official gazette different orders may have to be issued for different high courts and such orders may also have to be revised from time to time it is not, therefore, possible to lay down the period of vacation to be enjoyed by each high court in the bill itself every such order will, however, be laid before each house of parliament the delegation of legislative power is thus of a normal character  extracts from the high court judges (conditions of service) act, 1954 (28 of 1954) -      chapter i preliminary - - - -  definitions  2 (1) in this act, unless the context otherwise requires,-   (g) "judge" means a judge of a high court and includes the chief justice and acting chief justice of a high court;   - chapter ii  leave   - - - 6 subject to the maximum limit specified in sub-section (1) of grant of section 5, leave on half allowances may be granted to a judge illieavo dot excess of the amount at his creditdue (i) on medical certificate; or (ii) otherwise than on medical certificate, for not more than six months and not more than once during the whole period of his service as a judge: provided that no such leave shall be granted if the judge is not expected to return to duty at the end of such leave and earn the leave granted  - - -  - 8 extraordinary leaw not exceeding six months in duration may axtrlordibe granted to a judge not more than once during the whole period nary leave of his service as a judge in excess of any leave permissible under the foregoing provisions of this chapter, but no salary or allowances shall be payable during, or in respect of, such leave      chapter iii pensiokspension pay able to ludaes 14 subject to the provisions of this act, every judge shall, on his retirement, be paid a pension in accordance with the scale and provisions in part i of the first schedule: provided that no such pension shall be payable to a judge unless-(a) he has completed not less than twelve years of service for pension; or (b) he has attain~d the a~ of sixty years; or (c) his retirement is medically certified to be necessitated by ill-health explanation-in t1o1is section 'judge' means a judge who is not a member of the indian civil service or has not held any other pensionable civil post under the union or a state and includes a judge who being a member of the indian civil service or having held any other pensionable civil post under the union or a state has elected to receive the pension payable under part i of the first schedule '" '" '" '" '" '" conversion  of aterlm, pension into rupees 18 pensions expressed in sterling only shall, if paid in india, be converted into rupees at such rate of exchange as the central government may, from time to time, specify in this behalf: provided that nothing in this section shall affect any specrific privilege in respect of the conversion ot sterling pensions which was conferred by any rules previousty in force in respect of persons who, on the 1st february, 1921, were members of the indian civil service '" - '" '" '" '" chapter iv power to make rules miscellaneous 24 - - - '" - - j ( :2 (3) all rules made under the provisions of this act shall be laid as soon as may be, before each house of parliament - - - - - -  (see sections 14 and 15) pensions of judges part i:) '"   9 where a judge to whom this part appli'es retires or has retired at any time after the 26th january",' 1950 without being eligible for a pension under any other provision of this part, then, notwithstanding" anything· contained in the foregoing provisions, a pension of rs 6,000 per annum shall be payable to such a judge    -     part ii     - 3 if such a judge has completed not less than seven years of service for pension in a high court, he shall be entitled to an additional pension in accordance with the following scale: | per            | annum                                                ||----------------|-------------------------------------------------------|| £              |                                                       || for            | seven col1lpleted years of                            || ser~jce        |                                                       || for            |                                                       || p~nsiori       |                                                       || 100            |                                                       || for            | eight completed                                       || ye~s           |                                                       || of service for |                                                       || p~nsion        |                                                       || 120            |                                                       || for            | nine completed years of service for pension           || for            | ten                                                   || for            | eleven completed years of service for pension         || for            | twelve or more completed years of service for pension || -              |                                                       || -              |                                                       || -              |                                                       || -              |                                                       | a billfurther to amend the high court judges (conditions of service) act, 1954 the president has, in pursuance of clauses (i) and (3) of article 117 of tne constitution of india, recommended to lok sabha the introduction and consideration of the biii m n kaul, secretary (shri govind ballabh pant, minister of home affairs) 