22.Travelling allowances to a Judge.—Every Judge 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 may, from time to time, beprescribed.
1
[22A. Facility of rent-free houses.—(1) Every Judge shall be entitled without payment of rent to the
the use of an official residence in accordance with such rules as may, from time to time, be made in this
behalf.
2
[(2) 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
[22B.Conveyance facilities.—Every Judge shall be entitled to a staff car and 4
[two hundred litres of
of fuel every month or the actual consumption of fuel] per month, whichever is less.
5
[22C.Sumptuary allowance.—The Chief Justice and each of the other Judges of every High Court
shall be entitled to a sumptuary allowance of 6
[thirty-four thousand" and "twenty-seven thousand] rupees
per month respectively.]]
7
[22D.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
22A or the allowance paid to him under sub-section (2) of that section;
(b) the value of the conveyance facilities provided to a Judge under section 22B;
(c) the sumptuary allowance provided to a Judge under section 22C;
8
[(d) the value of leave travel concession provided to a judge and members of his family,]
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).]
23. Facilities for medical treatment and other conditions of service.—(1) 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.
(2) 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.
(3) This section shall be deemed to have come into force on the 26th January, 1950 and any rule made
under this section may be made so as to be retrospective to any date not earlier than the commencement
of this section.
1. Ins. by Act 35 of 1976, s. 4 (w.e.f. 1-10-1974).
2. Subs. by Act 10 of 2018, s. 3, for sub-section (2) (w.e.f. 1-7-2017).
3. Subs. by Act 38 of 1986, s. 5, for sub-sections 22B and 22C (w.e.f. 1-11-1986).
4. Subs. by Act 20 of 1996, s. 4, for “one hundred and fifty liters of petrol every month or the actual consumption of Petrol”
(w.e.f. 11-1-1996).
5. Subs. by Act 23 of 2009, s. 6, for section 22C (w.e.f. 1-1-2006).
6. Subs. by Act 10 of 2018, s. 4, for "fifteen thousand" and "twelve thousand" (w.e.f. 22-9-2017).
7. Subs. by Act 20 of 1988, s. 3, for section 22D (w.e.f. 1-11-1986).
8. Ins. by Act 2 of 1994, s. 2 (w.e.f. 1-4-1986).
11
1
[23A. Vacation of High Courts.—(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
other law, rule or order regulating the vacation of the High Court.
(2) Every order made under sub-section (1) shall be laid before each House of Parliament.
23B.[Special provisions in respect of continuing Judges.]Omitted by the High Court and the Supreme
Court Judges (Salaries and Conditions of Service) Amendment Act, 2016 (13 of 2016), s. 14 (w.e.f. 5-4-
2016).
2
[23C. Special provisions in respect of Judges transferred from the High Court of Jammu and
Kashmir.—(1) In the calculation of service for pension of a Judge of the High Court of Jammu and
Kashmir transferred to any other High Court, his service for pension as a Judge of the High Court of
Jammu and Kashmir shall also be reckoned as service for pension under this Act.
(2) In the calculation of the amount of leave at the credit of a Judge of the High Court of Jammu and
Kashmir transferred to any other high Court, the amount of leave due to him as a Judge of the High Court
of Jammu and Kashmir shall be added to the amount of leave at his credit under this Act.]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs)
Section 23C.—Omit
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 1123(E), dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
3
[23D. Medical facilities for retired Judges.—(1) Every retired Judge shall, with effect from the
date on which the High Court Judges (Conditions of Service) Amendment Act, 1976 (35 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.
(2) Notwithstanding anything contained in sub-section (1) but subject to such conditions and
restrictions as the Central Government may impose, a retired Judge of the High Court for a State may
avail, for himself and his family, any facilities for medical treatment which the Government of that State
may extend to him.]
24. Power to make rules.—(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;
4
[(aa) the number of casual leaves and the conditions subject to which it may be allowed under
sub-section (3) of section 3;]
1. Ins. by Act 46 of 1958, s. 7 (w.e.f. 1-11-1956).
2. Ins. by Act 27 of 1964, s. 3 (w.e.f.20-5-1954).
3. Ins. by Act 35 of 1976, s. 5 (w.e.f.1-10-1974).
4. Ins. by Act 13 of 2016, s. 15 (w.e.f.5-4-2016)
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(b) pension payable to a Judge;
(c) travelling allowances to a Judge;
1
[(ca) use of official residence by a Judge under sub-section (1) of section 22A;]
(d) facilities for medical treatment and other conditions of service of a Judge;
(e) any other manner 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.]
25. [Savings.]Omitted by the High Court and the Supreme Court Judges (Salaries and Conditions of
Service) Amendment Act, 2016 (13 of 2016), s. 16 (w.e.f. 5-4-2016).