The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
Administered Ministry: Ministry of Law and Justice / Department of Justice
Section
Section 16A Family pension and gratuity.
1 [16A. Family pension and gratuity.2 [(1) Where a Judge who, being in service on or after the commencement of the High Court and Supreme Court Judges (Conditions of Service) Amendment Act, 1986 (38 of 1986),
(a) dies before retirement, 3 [family pension calculated at the rate of fifty per cent. of his salary] 4 *** on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the Judge for a period of seven years or for a period up to the date on which the Judge would have attained the age of sixty-five years, had he survived, whichever is earlier, 5 [and thereafter at the rate of thirty per cent. of his salary] 6 ***; and
7 [(b) dies after retirement on attaining the age of sixty-five years, 8 [family pension shall be thirty per cent. of his salary] 4 *** and shall be payable to the person or persons entitled thereto;
(c) dies after retirement after seeking premature retirement and before attaining the age of sixty-five years, family pension shall be calculated at the rates specified in clause (a) shall be payable to the person or persons entitled thereto.]
9 [Provided that in no case the amount of family pension calculated under this sub-section shall exceed the pension payable to the Judge under this Act.]
Explanation.For the purposes of determining the person or persons entitled to family pension under this sub-section,
(i) in relation to a Judge who elects or is eligible to receive pension under Part I of the Schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the Central Civil Services, Group A, shall apply;
(ii) in relation to a Judge who elects to receive pension under 10 * * * Part III of the Schedule, the ordinary rules of his service if he had not been appointed a Judge with respect to the person or persons entitled to family pension shall apply and his service as a Judge being treated as service therein.]
(2) The rules, notifications and orders for the time being in force with respect to the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services, Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a Judge who, being in service on or after the 1st day of October, 1974, retires, or dies in circumstances to which section 16 does not apply, subject to the modifications that
(i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months;
(ii) the amount of gratuity shall be calculated on the basis of 11 [ten days] salary for 12[each completed six months period] of service as a Judge; 13***
14 * * * * *
Explanation.15 [In sub-section (2)], the expression Judge has the same meaning as in section 13.]
16]Explanation@i/@.—For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.]br
(a) dies before retirement, 3 [family pension calculated at the rate of fifty per cent. of his salary] 4 *** on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the Judge for a period of seven years or for a period up to the date on which the Judge would have attained the age of sixty-five years, had he survived, whichever is earlier, 5 [and thereafter at the rate of thirty per cent. of his salary] 6 ***; and
7 [(b) dies after retirement on attaining the age of sixty-five years, 8 [family pension shall be thirty per cent. of his salary] 4 *** and shall be payable to the person or persons entitled thereto;
(c) dies after retirement after seeking premature retirement and before attaining the age of sixty-five years, family pension shall be calculated at the rates specified in clause (a) shall be payable to the person or persons entitled thereto.]
9 [Provided that in no case the amount of family pension calculated under this sub-section shall exceed the pension payable to the Judge under this Act.]
Explanation.For the purposes of determining the person or persons entitled to family pension under this sub-section,
(i) in relation to a Judge who elects or is eligible to receive pension under Part I of the Schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the Central Civil Services, Group A, shall apply;
(ii) in relation to a Judge who elects to receive pension under 10 * * * Part III of the Schedule, the ordinary rules of his service if he had not been appointed a Judge with respect to the person or persons entitled to family pension shall apply and his service as a Judge being treated as service therein.]
(2) The rules, notifications and orders for the time being in force with respect to the grant of death-cum-retirement gratuity benefit to or in relation to an officer of the Central Civil Services, Class I (including the provisions relating to deductions from pension for the purpose) shall apply to or in relation to the grant of death-cum-retirement gratuity benefit to or in relation to a Judge who, being in service on or after the 1st day of October, 1974, retires, or dies in circumstances to which section 16 does not apply, subject to the modifications that
(i) the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months;
(ii) the amount of gratuity shall be calculated on the basis of 11 [ten days] salary for 12[each completed six months period] of service as a Judge; 13***
14 * * * * *
Explanation.15 [In sub-section (2)], the expression Judge has the same meaning as in section 13.]
16]Explanation@i/@.—For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.]br
1. Ins. by Act 36 of 1976, s. 3 (w.e.f. 1-10-1974).
2. Subs. by Act 38 of 1986, s. 8, for sub-section (1) (w.e.f.1-11-1986).
3. Subs. by Act 8 of 2003, s. 2, for certain words (w.e.f. 01.01.1996).
4. The words plus fifty per cent. of his dearness pay omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
5. Subs. by Act 8 of 2003, s. 2, for and thereafter at the rate of half of the family pension so admissible (w.e.f. 1-1-1996).
6. The words plus thirty per cent. of his dearness pay omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
7. Subs. by Act 32 of 1989, s. 7, for clause (b) (w.e.f. 30-8-1989).
8. Subs. by Act 8 of 2003, s. 2, for family pension shall be thirty per cent. of the pension eligible (w.e.f. 1-1-1996).
9. The proviso ins. by s. 2, ibid. (w.e.f. 1-1-1996).
10. The words and figures Part II or omitted by Act 13 of 2016, s. 24 (w.e.f. 5-4-2016).
11. Subs. by Act 7 of 1999, s. 9, for twenty days (w.e.f. 1-1-1996).
12. Subs. by s. 9, ibid., for each completed year (w.e.f. 1-1-1996).
13. The word and omitted by Act 20 of 1988, s. 5 (w.e.f. 1-1-1986).
14. Clause (iii) omitted by Act 20 of 1988, s. 5. (w.e.f. 1-1-1986).
15. Subs. by Act 38 of 1986, s. 8, for In this section (w.e.f. 1-11-1986).
16. Explanation ins. by Act 44 of 2021, s. 3 (w.e.f. 18-12-2021).
2. Subs. by Act 38 of 1986, s. 8, for sub-section (1) (w.e.f.1-11-1986).
3. Subs. by Act 8 of 2003, s. 2, for certain words (w.e.f. 01.01.1996).
4. The words plus fifty per cent. of his dearness pay omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
5. Subs. by Act 8 of 2003, s. 2, for and thereafter at the rate of half of the family pension so admissible (w.e.f. 1-1-1996).
6. The words plus thirty per cent. of his dearness pay omitted by Act 23 of 2009, s. 9 (w.e.f. 5-4-2016).
7. Subs. by Act 32 of 1989, s. 7, for clause (b) (w.e.f. 30-8-1989).
8. Subs. by Act 8 of 2003, s. 2, for family pension shall be thirty per cent. of the pension eligible (w.e.f. 1-1-1996).
9. The proviso ins. by s. 2, ibid. (w.e.f. 1-1-1996).
10. The words and figures Part II or omitted by Act 13 of 2016, s. 24 (w.e.f. 5-4-2016).
11. Subs. by Act 7 of 1999, s. 9, for twenty days (w.e.f. 1-1-1996).
12. Subs. by s. 9, ibid., for each completed year (w.e.f. 1-1-1996).
13. The word and omitted by Act 20 of 1988, s. 5 (w.e.f. 1-1-1986).
14. Clause (iii) omitted by Act 20 of 1988, s. 5. (w.e.f. 1-1-1986).
15. Subs. by Act 38 of 1986, s. 8, for In this section (w.e.f. 1-11-1986).
16. Explanation ins. by Act 44 of 2021, s. 3 (w.e.f. 18-12-2021).
Section 16B Additional quantum of pension or family pension.
3[16B. Additional quantum of pension or family pension.Every retired Judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:--
__________________________________________________________________________________ Age of Pensioner or family Pensioner Additional quantum of pension or family pension
__________________________________________________________________________________ From eighty years to less than eighty-five years Twenty per cent. of basic pension or family pension
From eighty-five years to less than ninety years Thirty per cent. of basic pension or family pension
From ninety years to less than ninety-five years Forty per cent. of basic pension or family pension
From ninety-five years to less than hundred years Fifty per cent. of basic pension or family pension
From hundred years or more Hundred per cent. of basic pension or family pension.]
2[Explanation.--For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.]
__________________________________________________________________________________ Age of Pensioner or family Pensioner Additional quantum of pension or family pension
__________________________________________________________________________________ From eighty years to less than eighty-five years Twenty per cent. of basic pension or family pension
From eighty-five years to less than ninety years Thirty per cent. of basic pension or family pension
From ninety years to less than ninety-five years Forty per cent. of basic pension or family pension
From ninety-five years to less than hundred years Fifty per cent. of basic pension or family pension
From hundred years or more Hundred per cent. of basic pension or family pension.]
2[Explanation.--For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.]
1 Ins. by Act 23 of 2009, s. 10 (w.e.f. 1-1-2006).
2. Explanation ins. by Act 44 of 2021, s. 3 (w.e.f. 18-12-2021).
2. Explanation ins. by Act 44 of 2021, s. 3 (w.e.f. 18-12-2021).
Section 17 Pension payable to a Judge who was in receipt of pension at the time of appointment as such.
If, at the time of his appointment to the Supreme Court, a Judge is in receipt of a pension in respect of any previous service either as a Judge of a High Court or in any other pensionable civil post under the Union or a State, the pension payable to him under this Act shall be an additional pension for service in the Supreme Court equal to the difference between his original pension and the pension to which he would have been entitled under this Act, if his service in the Supreme Court had been rendered in continuation of the previous service for which his original pension was granted.
Section 18 [Omitted.].
[Conversion of sterling pension into rupees.] Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 25 (w.e.f. 5-4-2016).
Section 19 Commutation of pension.
The Civil Pensions (Commutation) Rules for the time being in force shall, with necessary modifications, apply to Judges.
Section 20 Provident fund.
Every Judge shall be entitled to subscribe to the General Provident Fund (Central Services):
Provided that a Judge who 1 *** has held any other pensionable civil post under the Union or a State shall continue to subscribe to the provident fund to which he was subscribing before his appointment as a Judge:
Provided further that a Judge who was appointed before the commencement of this Act may continue to subscribe to the provident fund to which he was subscribing immediately before such commencement.
Provided that a Judge who 1 *** has held any other pensionable civil post under the Union or a State shall continue to subscribe to the provident fund to which he was subscribing before his appointment as a Judge:
Provided further that a Judge who was appointed before the commencement of this Act may continue to subscribe to the provident fund to which he was subscribing immediately before such commencement.
1. The words "is a member of the Indian Civil Service or" omitted by Act 13 of 2016, s. 26 (w.e.f. 5-4-2016).
Section 20A Deposit Linked Insurance Scheme.
1 [20A. Deposit Linked Insurance Scheme.―The Deposit Linked Insurance Scheme for the time being in force under the General Provident Fund (Central Services) Rules, 1960, shall apply to every Judge whether he subscribes to the General Provident Fund (Central Services) or any other Provident Fund referred to in section 20.]
1. Ins. by Act 38 of 1986, s. 9 (w.e.f. 5-9-1977).
Section 21 Authority competent to grant pension.
Save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a Judge under the provisions of this Act shall be the President.
Section 22 Travelling allowance to a Judge.
A Judge shall receive such reasonable allowance 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.
Section 23 Facilities for rent-free houses and other conditions of service.
(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.
1 [ 2 [(1A) 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.] 3 ***]].
(2) 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.
(3) 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.
4 [(4) Sub-sections (1), (2) and (3) shall be deemed to have come into force on the 26th day of January, 1950 and sub-section (1A) shall be deemed to have come into force on the 9th day of May, 1986 and any rule made under any of the said sub-sections may be made so as to be retrospective to any date not earlier than the commencement of the respective sub-section.]
1 [ 2 [(1A) 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.] 3 ***]].
(2) 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.
(3) 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.
4 [(4) Sub-sections (1), (2) and (3) shall be deemed to have come into force on the 26th day of January, 1950 and sub-section (1A) shall be deemed to have come into force on the 9th day of May, 1986 and any rule made under any of the said sub-sections may be made so as to be retrospective to any date not earlier than the commencement of the respective sub-section.]
1. Ins. by Act 72 of 1993, s. 2 (w.e.f. 26-12-1993).
2. Subs. by Act 10 of 2018, s. 7 for "sub section (1A)" (w.e.f. 1-7-2017).
3. The words "plus thirty per cent. of the dearness pay" omitted by Act 23 of 2009, s. 11 (w.e.f. 5-4-2016).
4. Subs. by Act 72 of 1993, s. 2 (w.e.f. 26-12-1993).
2. Subs. by Act 10 of 2018, s. 7 for "sub section (1A)" (w.e.f. 1-7-2017).
3. The words "plus thirty per cent. of the dearness pay" omitted by Act 23 of 2009, s. 11 (w.e.f. 5-4-2016).
4. Subs. by Act 72 of 1993, s. 2 (w.e.f. 26-12-1993).
Section 23A Conveyance facilities.
1 [ 2 [23A. Conveyance facilities.―Every Judge shall be entitled to a staff car and 3 [two hundred litres of fuel every month or the actual consumption of fuel] per month, whichever is less.]]
1. Ins. by Act 36 of 1976, s. 4 (w.e.f. 1-10-1974).
2. Subs. by Act 38 of 1986, s. 10, for section 23A (w.e.f. 1-11-1986).
3. Subs. by Act 20 of 1996, s. 2, for certain words (w.e.f. 11-1-1996).
2. Subs. by Act 38 of 1986, s. 10, for section 23A (w.e.f. 1-11-1986).
3. Subs. by Act 20 of 1996, s. 2, for certain words (w.e.f. 11-1-1996).
Section 23B Sumptuary allowance.
1[23B. Sumptuary allowance-- The Chief Justice and each of the other Judges shall be entitled to a sumptuary allowance of 2[3[forty-five thousand] ] rupees per month and 4[5[thirty-four thousand]] rupees] per month respectively
1. 1. Ins. by Act 36 of 1976, s. 4 (w.e.f. 1-10-1974)
2. Subs. by Act 23 of 2009, s. 12, for "ten thousand" (w.e.f.16-3-2009).
3. Subs. by Act 10 of 2018, s. 8, for "twenty thousand" (w.e.f. 22-9-2017).
4. Subs. by Act 23 of 2009, s. 12, for "seven thousand five hundred" (w.e.f. 16-3-2009).
5. Subs. by Act 10 of 2018, s. 8, for "fifteen thousand" (w.e.f. 22-9-2017).
2. Subs. by Act 23 of 2009, s. 12, for "ten thousand" (w.e.f.16-3-2009).
3. Subs. by Act 10 of 2018, s. 8, for "twenty thousand" (w.e.f. 22-9-2017).
4. Subs. by Act 23 of 2009, s. 12, for "seven thousand five hundred" (w.e.f. 16-3-2009).
5. Subs. by Act 10 of 2018, s. 8, for "fifteen thousand" (w.e.f. 22-9-2017).
Section 23C Medical facilities for retired Judges.
1[23C. Medical facilities for retired Judges.-- Every retired Judge shall, with effect from the date on which the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 of 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.]
1. 1. Ins. by Act 36 of 1976, s. 4 (w.e.f. 1-10-1974)
Section 23D Exemption from liability to pay Income-tax on certain perquisites received by a Judge.
1 [ 2 [23D. 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 23 3[or the allowance paid to him under sub-section (1A) of that section];
(b) the value of the conveyance facilities provided to a Judge under section 23A;
(c) the sumptuary allowance provided to a Judge under section 23B,
shall not be included in the computation of his income chargeable under the head “Salaries” under section 15 of the Income-tax Act, 1961 (43 of 1961).]
4[(d) the value of leave travel concession provided to a Judge and members of his family.]
(a) the value of rent-free official residence provided to a Judge under sub-section (1) of section 23 3[or the allowance paid to him under sub-section (1A) of that section];
(b) the value of the conveyance facilities provided to a Judge under section 23A;
(c) the sumptuary allowance provided to a Judge under section 23B,
shall not be included in the computation of his income chargeable under the head “Salaries” under section 15 of the Income-tax Act, 1961 (43 of 1961).]
4[(d) the value of leave travel concession provided to a Judge and members of his family.]
1. Ins. by Act 57 of 1980, s. 10 (w.e.f. 1-4-1975).
2. Subs. by Act 20 of 1988, s. 6, for section 23D (w.e.f. 1-11-1986).
3. Ins. by Act 72 of 1993, s. 3 (w.e.f. 9-5-1986).
4. Ins. by Act 2 of 1994, s. 3 (w.e.f. 4-1-1994).
2. Subs. by Act 20 of 1988, s. 6, for section 23D (w.e.f. 1-11-1986).
3. Ins. by Act 72 of 1993, s. 3 (w.e.f. 9-5-1986).
4. Ins. by Act 2 of 1994, s. 3 (w.e.f. 4-1-1994).
Section 24 Power to make rules. 5 docs
(1) The Central Government may, by notification in the Official Gazette, make rules 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, including special disability leave;
1[(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, including extraordinary pensions and gratuities;
(c) travelling allowances to a Judge;
(d) use of official residence by a Judge;
(e) facilities for medical treatment and other conditions of service of Judge;
(f) any other matter which has to be, or may be, prescribed.
2 [(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.]
(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, including special disability leave;
1[(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, including extraordinary pensions and gratuities;
(c) travelling allowances to a Judge;
(d) use of official residence by a Judge;
(e) facilities for medical treatment and other conditions of service of Judge;
(f) any other matter which has to be, or may be, prescribed.
2 [(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.]
1. Ins. by Act 13 of 2016, s. 27 (w.e.f. 5-4-2016).
2. Subs. by Act 36 of 1976, s. 5, for sub-section (3) (w.e.f. 1-10-1974).
2. Subs. by Act 36 of 1976, s. 5, for sub-section (3) (w.e.f. 1-10-1974).
Section 25 Savings.
Nothing contained in this Act shall have effect so as to give to a Judge who is serving as such at the commencement of this Act less favourable terms in respect of his privileges and allowances or his rights in respect of leave of absence (including leave allowances) or pension than those to which he would have been entitled, if this Act had not been passed.