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231 lines
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231 lines
11 KiB
Plaintext
SECOND SCHEDULE
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[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164 (5), 186 and 221]
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PART A
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PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES
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1. There shall be paid to the President and to the Governors of the States
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the following emoluments per mensem, that is to say:—
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The President
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……
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10,000 rupees*.
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……
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5,500 rupees**.
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The Governor of a State
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2. There shall also be paid to the President and to the Governors of the
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States such allowances as were payable respectively to the Governor-General
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of the Dominion of India and to the Governors of the corresponding Provinces
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immediately before the commencement of this Constitution.
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3. The President and the Governors of the States throughout their respective
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terms of office shall be entitled to the same privileges to which the GovernorGe
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neral and the Governors of the corresponding Provinces were respectively
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entitled immediately before the commencement of this Constitution.
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4. While the Vice-President or any other person is discharging the
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functions of, or is acting as, President, or any person is discharging the
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functions of the Governor, he shall be entitled to the same emoluments,
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allowances and privileges as the President or the Governor whose functions he
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discharges or for whom he acts, as the case may be.
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*
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*
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*
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*
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*
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PART C
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PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE
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OF THE PEOPLE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
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OF THE COUNCIL OF STATES AND THE SPEAKER AND THE
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DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLY
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AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN
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OF THE LEGISLATIVE COUNCIL OF A STATE
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7. There shall be paid to the Speaker of the House of the People and the
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Chairman of the Council of States such salaries and allowances as were payable
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______________________________________________
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* Now 1,50,000 rupees, vide Act 28 of 2008, s. 2 (w.e.f. 1-1-2006).
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** Now 1,10,000 rupees, vide Act 1 of 2009, s. 3 (w.e.f. 1-1-2006).
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224
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225
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THE CONSTITUTION OF INDIA
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to the Speaker of the Constituent Assembly of the Dominion of India
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immediately before the commencement of this Constitution, and there shall be
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paid to the Deputy Speaker of the House of the People and to the Deputy
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Chairman of the Council of States such salaries and allowances as were payable
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to the Deputy Speaker of the Constituent Assembly of the Dominion of India
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immediately before such commencement.
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8. There shall be paid to the Speaker and the Deputy Speaker of the
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Legislative Assembly and to the Chairman and the Deputy Chairman of the
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Legislative Council of a State such salaries and allowances as were payable
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respectively to the Speaker and the Deputy Speaker of the Legislative
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Assembly and the President and the Deputy President of the Legislative
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Council of the corresponding Province immediately before the commencement
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of this Constitution and, where the corresponding Province had no Legislative
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Council immediately before such commencement, there shall be paid to the
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Chairman and the Deputy Chairman of the Legislative Council of the State
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such salaries and allowances as the Governor of the State may determine.
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PART D
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PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE
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HIGH COURTS
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9. (1) There shall be paid to the Judges of the Supreme Court, in respect of tim
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e
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spent on actual service, salary at the following rates per mensem, that is to sa
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y:—
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The Chief Justice
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..
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10,000 rupees. *
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Any other Judge
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..
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9,000 rupees. **
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Provided that if a Judge of the Supreme Court at the time of his
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appointment is in receipt of a pension (other than a disability or wound
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pension) in respect of any previous service under the Government of India or
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any of its predecessor Governments or under the Government of a State or any
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of its predecessor Governments, his salary in respect of service in the Supreme
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Court shall be reduced—
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(a) by the amount of that pension, and
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(b) if he has, before such appointment, received in lieu of a portion of
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the pension due to him in respect of such previous service the commuted
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value thereof, by the amount of that portion of the pension, and
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______________________________________________
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*
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**
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Now 1,00,000 rupees, vide Act 23 of 2009, s. 8 (w.e.f. 1-1-2006).
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Now 90,000 rupees, vide s.8, ibid. (w.e.f. 1-1-2006).
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226
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THE CONSTITUTION OF INDIA
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(c) if he has, before such appointment, received a retirement gratuity in
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respect of such previous service, by the pension equivalent of that gratuity.
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(2) Every Judge of the Supreme Court shall be entitled without payment
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of rent to the use of an official residence.
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(3) Nothing in sub-paragraph (2) of this paragraph shall apply to a Judge
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who, immediately before the commencement of this Constitution,—
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(a) was holding office as the Chief Justice of the Federal Court and
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has become on such commencement the Chief Justice of the Supreme
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Court under clause (1) of article 374, or
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(b) was holding office as any other Judge of the Federal Court and
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has on such commencement become a Judge (other than the Chief
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Justice) of the Supreme Court under the said clause,
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during the period he holds office as such Chief Justice or other Judge, and
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every Judge who so becomes the Chief Justice or other Judge of the Supreme
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Court shall, in respect of time spent on actual service as such Chief Justice or
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other Judge, as the case may be, be entitled to receive in addition to the salar
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y
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specified in sub-paragraph (1) of this paragraph as special pay an amount
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equivalent to the difference between the salary so specified and the salary
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which he was drawing immediately before such commencement.
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(4) Every Judge of the Supreme Court shall receive such reasonable
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allowances to reimburse him for expenses incurred in travelling on duty within
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the territory of India and shall be afforded such reasonable facilities in
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connection with travelling as the President may from time to time prescribe.
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(5) The rights in respect of leave of absence (including leave allowances)
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and pension of the Judges of the Supreme Court shall be governed by the
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provisions which, immediately before the commencement of this Constitution,
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were applicable to the Judges of the Federal Court.
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10. (1) There shall be paid to the Judges of High Courts, in respect of time
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spent on actual service, salary at the following rates per mensem, that is to sa
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y,—
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The Chief Justice
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..
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9,000 rupees *
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..
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8,000 rupees **
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Any other Judge
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______________________________________________
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* Now 90,000 rupees, vide Act 23 of 2009, s. 2 (w.e.f. 1-1-2006).
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** Now 80,000 rupees, vide s. 2, ibid. (w.e.f. 1-1-2006).
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227
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THE CONSTITUTION OF INDIA
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Provided that if a Judge of a High Court at the time of his appointment is in
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receipt of a pension (other than a disability or wound pension) in respect of an
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y
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previous service under the Government of India or any of its predecessor
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Governments or under the Government of a State or any of its predecessor
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Governments, his salary in respect of service in the High Court shall be reduced
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—
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(a) by the amount of that pension, and
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(b) if he has, before such appointment, received in lieu of a portion of
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the pension due to him in respect of such previous service the commuted
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value thereof, by the amount of that portion of the pension, and
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(c) if he has, before such appointment, received a retirement gratuity in
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respect of such previous service, by the pension equivalent of that gratuity.
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(2) Every person who immediately before the commencement of this
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Constitution—
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(a) was holding office as the Chief Justice of a High Court in any
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Province and has on such commencement become the Chief Justice of the
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High Court in the corresponding State under clause (1) of article 376, or
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(b) was holding office as any other Judge of a High Court in any Province
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and has on such commencement become a Judge (other than the Chief
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Justice) of the High Court in the corresponding State under the said clause,
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shall, if he was immediately before such commencement drawing a salary at a
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rate higher than that specified in sub-paragraph (1) of this paragraph, be
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entitled to receive in respect of time spent on actual service as such Chief
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Justice or other Judge, as the case may be, in addition to the salary specified
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in
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the said sub-paragraph as special pay an amount equivalent to the difference
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between the salary so specified and the salary which he was drawing
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immediately before such commencement.
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(3) Any person who, immediately before the commencement of the
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Constitution (Seventh Amendment) Act, 1956, was holding office as the Chief
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Justice of the High Court of a State specified in Part B of the First Schedule
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and has on such commencement become the Chief Justice of the High Court of
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a State specified in the said Schedule as amended by the said Act, shall, if he
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was immediately before such commencement drawing any amount as
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allowance in addition to his salary, be entitled to receive in respect of time
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spent on actual service as such Chief Justice, the same amount as allowance in
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addition to the salary specified in sub-paragraph (1) of this paragraph.
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228
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THE CONSTITUTION OF INDIA
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11. In this Part, unless the context otherwise requires,—
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(a) the expression “Chief Justice” includes an acting Chief Justice,
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and a “Judge” includes an ad hoc Judge;
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(b) “actual service” includes—
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(i) time spent by a Judge on duty as a Judge or in the performance
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of such other functions as he may at the request of the President
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undertake to discharge;
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(ii) vacations, excluding any time during which the Judge is absent
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on leave; and
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(iii) joining time on transfer from a High Court to the Supreme
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Court or from one High Court to another.
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PART E
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PROVISIONS AS TO THE COMPTROLLER AND AUDITOR-GENERAL OF INDIA
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12. (1) There shall be paid to the Comptroller and Auditor-General of
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India a salary at the rate of *four thousand rupees per mensem.
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(2) The person who was holding office immediately before the
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commencement of this Constitution as Auditor-General of India and has
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become on such commencement the Comptroller and Auditor-General of India
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under artcle 377 shall in addition to the salary specified in sub-paragraph (1)
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of
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this paragraph be entitled to receive as special pay an amount equivalent to the
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difference between the salary so specified and the salary which he was drawing
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as Auditor-General of India immediately before such commencement.
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(3) The rights in respect of leave of absence and pension and the other
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conditions of service of the Comptroller and Auditor-General of India shall be
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governed or shall continue to be governed, as the case may be, by the
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provisions which were applicable to the Auditor-General of India immediately
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before the commencement of this Constitution and all references in those
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provisions to the Governor-General shall be construed as references to the
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President.
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______________________________________________
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* The Comptroller and Auditor-General of India shall be paid a salary equal to t
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he salary
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of the Judges of the Supreme Court vide s. 3 of Act 56 of 1971. The salary of Ju
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dges of
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the Supreme Court has been raised to Rs.90,000 per mensem by Act 23 of 2009, s.
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8
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(w.e.f. 1-1-2006).
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