Provisions as to the President and the Governors of
States_422***.
1. There shall be paid to the President
and to the Governors of the
States _422*** the following emoluments per mensem, that is to say:-
The President ......
10,000 rupees_659.
The Governor of a State ......
5,500 rupees_660.
2. There shall also be paid
to the President and to the Governors of
the States _423*** such allowances as were payable respectively to the
Governor-General of the Dominion of India and to the Governors of the
corresponding Provinces immediately before the commencement of this
Constitution.
3. The President and the Governors
of _424[the States] throughout
their respective terms of office shall be entitled to
the same
privileges to which the Governor-General and the Governors of
the
corresponding Provinces were respectively entitled immediately before
the commencement of this Constitution.
4. While the Vice-President or any
other person is discharging the
functions of, or is acting as, President, or any person is discharging
the functions of the Governor, he shall be entitled to
the same
emoluments, allowances and privileges as the President or the Governor
whose functions he discharges or for whom he acts, as the case may be.
PART B.-[Repealed.]
_425* *
*
*
*
PART C
Provisions as to the Speaker and the
Deputy Speaker of the House of
the People and the Chairman and the Deputy Chairman of the Council of
States and the Speaker and the Deputy Speaker of the
Legislative
Assembly_426*** and the Chairman and the Deputy Chairman
of the
Legislative Council of _427[a State]
7. There shall be paid to the Speaker of
the House of the People and
the Chairman of the Council of States such salaries and allowances as
were payable to the Speaker of the Constituent
Assembly of the
Dominion of India immediately before the
commencement of this
Constitution, and there shall be paid to the Deputy Speaker of the
House of the People and to the Deputy Chairman of the
Council of
States such salaries and allowances as were payable to the
Deputy
Speaker of the Constituent Assembly of the
Dominion of India
immediately before such commencement.
8. There shall be paid to the Speaker and
the Deputy Speaker of the
Legislative Assembly _428*** and to the Chairman and
the Deputy
Chairman of the Legislative Council of _429[a State] such salaries and
allowances as were payable respectively to the Speaker and the Deputy
Speaker of the Legislative Assembly and the President and the Deputy
President of the Legislative Council of the corresponding Province
immediately before the commencement of this Constitution and, where
the corresponding Province had no Legislative Council
immediately
before such commencement, there shall be paid to the Chairman and the
Deputy Chairman of the Legislative Council of the State such salaries
and allowances as the Governor of the State may determine.
PART D
Provisions as to the Judges of the Supreme Court and of the High
Courts _430***
9. (1) There shall be paid to the
Judges of the Supreme Court, in
respect of time spent on actual service, salary at the following rates
per mensem, that is to say:-
The Chief Justice .. _431[10,000 rupees]*.
Any other Judge .. _432[9,000
rupees]**:
Provided that if a Judge of the
Supreme Court 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 Government
of India or any of its predecessor Governments or under the Government
of a State or any of its predecessor Governments, his
salary in
respect of service in the Supreme Court _433[shall be reduced-
(a) by the amount of that pension, and
(b) if he has, before such appointment,
received in lieu of a portion
of the pension due to him in respect of such previous service
the
commuted value thereof, by the amount of that portion of the pension,
and
(c) if he has, before such appointment, received a
retirement gratuity
in respect of such previous service, by the pension equivalent of that
gratuity].
(2) Every Judge of the Supreme Court shall be
entitled without payment
of rent to the use of an official residence.
(3) Nothing in sub-paragraph (2) of this
paragraph shall apply to a
Judge who, immediatley before the commencement of this Constitution,-
(a) was holding office as the Chief Justice of
the Federal Court and
has become on such commencement the Chief Justice of the Supreme Court
under clause (1) of article 374, or
(b) was holding office as any other Judge of the
Federal Court and has
on such commencement become a Judge (other than the Chief Justice) of
the Supreme Court under the said clause,
during the period he holds office
as such Chief Justice or other
Judge, and every Judge who so becomes the Chief Justice or other Judge
of the Supreme Court shall, in respect of time spent on actual service
as such Chief Justice or other Judge, as the case may be, be entitled
to receive in addition to the salary specified in sub-paragraph (1) of
this paragraph as special pay an amount equivalent to the difference
between the salary so specified and the salary which he was drawing
immediately before such commencement.
(4) Every Judge of the Supreme Court
shall receive such reasonable
allowances 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 the President
may from time to time prescribe.
(5) The rights in respect of
leave of absence (including leave
allowances) and pension of the Judges of the Supreme Court shall be
governed by the provisions which, immediatley before the commencement
of this Constitution, were applicable to the Judges of the Federal
Court.
10. _434[(1) There shall be paid to
the Judges of High Courts, in
respect of time spent on actual service, salary at the following rates
per mensem, that is to say,-
The Chief Justice .. _435[9,000 rupees]*.
Any other Judge .. _436[8,000 rupees]**:
Provided that if a Judge
of a High Court 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 Government
of India or any of its predecessor Governments or under the Government
of a State or any of its predecessor Governments, his
salary in
respect of service in the High Court shall be reduced-
(a) by the amount of that pension, and
(b) if he has, before such appointment,
received in lieu of a portion
of the pension due to him in respect of such previous service
the
commuted value thereof, by the amount of that portion of the pension,
and
(c) if he has, before such appointment, received a
retirement gratuity
in respect of such previous service, by the pension equivalent of that
gratuity.]
(2) Every person who immediately
before the commencement of this
Constitution-
(a) was holding office as the Chief
Justice of a High Court in any
Province and has on such commencement become the Chief Justice of the
High Court in the corresponding State under clause (1) of article 376,
or
(b) was holding office as any other
Judge of a High Court in any
Province and has on such commencement become a Judge (other than the
Chief Justice) of the High Court in the corresponding State under the
said clause,
shall, if he was immediately before such commencement
drawing a salary
at a rate higher than that specified in sub-paragraph (1) of
this
paragraph, be entitled to receive in respect of time spent on actual
service as such Chief Justice or other Judge, as the case may be, in
addition to the salary specified in the said sub-paragraph as special
pay an amount equivalent to the difference between the
salary so
specified and the salary which he was drawing immediately before such
commencement.
_437[(3) Any person who, immediately
before the commencement of the
Constitution (Seventh Amendment) Act, 1956, was holding office as the
Chief Justice of the High Court of a State specified in Part B of the
First Schedule and has on such commencement become the Chief Justice
of the High Court of a State specified in the said Schedule as amended
by the said Act, shall, if he was immediately before such commencement
drawing any amount as allowance in addition to his salary, be entitled
to receive in respect of time spent on actual service as such Chief
Justice, the same amount as allowance in addition to
the salary
specified in sub-paragraph (1) of this paragraph.]
11. In this Part, unless the context otherwise
requires,-
(a) the expression "Chief Justice"
includes an acting Chief Justice,
and a "Judge" includes an ad hoc Judge;
(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;
(ii) vacations, excluding any time during which the
Judge is absent on
leave; and
(iii) joining time on transfer from a High
Court to the Supreme Court
or from one High Court to another.
PART E
Provisions as to the Comptroller and Auditor-General of India
12. (1) There shall be paid to the Comptroller
and Auditor-General of
India a salary at the rate of _438 four thousand rupees per mensem.
(2) The person who was
holding office immediately before the
commencement of this Constitution as Auditor-General of India and has
become on such commencement the Comptroller and Auditor-General of
India under article 377 shall in addition to the salary specified in
sub-paragraph (1) of this paragraph be entitled to receive as special
pay an amount equivalent to the difference between the
salary so
specified and the salary which he was drawing as Auditor-General of
India immediately before such commencement.
(3) The rights in respect of leave
of absence and pension and the
other conditions of service of the Comptroller and Auditor-General of
India shall be governed or shall continue to be governed, as the case
may be, by the provisions which were applicable to the Auditor-General
of India immediately before the commencement of this Constitution and
all references in those provisions to the Governor-General shall be
construed as references to the President.
TOP
