SECOND SCHEDULE

[Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221]


PART A


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.-[Repealed.]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.

 

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