Second Schedule
[Schedule II] Second Schedule (Articles 59 (3), 65 (3), 75 (5), 97, 125, 148
(3), 158 (3), 164 (5), 186 and 221)
Part
A Provisions as to the President and the Governors of States
Paragraph
1 [Emoluments per mensem]
There shall be paid to the
President and to the Governors of the States the following emoluments
per mensem, that is to say: -
The President 20,000 rupees.
The
Governor of a State 11,000 rupees.
Paragraph
2 [Allowances]
There shall also be paid to the President and
to the Governors of the States 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.
Paragraph
3 [Privileges]
The President and the Governors of 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.
Paragraph
4 [Vice-President]
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 []
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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 Legislation
Assembly and the Chairman and the Deputy Chairman of the Legislative
Council of State
Paragraph
7 [Council of States]
There shall be paid to the Speaker of
the House of 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.
Paragraph
8 [Legislative Assembly]
There shall be paid to the Speaker
and the Deputy Speaker of the Legislative Assembly and to the
Chairman and the Deputy Chairman of the Legislative Council of 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 Legislature 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
Paragraph
9 [Judges of the Supreme Court]
(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 10,000 rupees.
Any Other Judge
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
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, immediately 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, immediately before the commencement of this Constitution, were
applicable to the Judges of the Federal Court.
Paragraph
10 [Judges of High Courts]
(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 9,000 rupees.
Any other Judge 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.
(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.
Paragraph
11 [Definitions]
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
Paragraph
12 [Salary, Pension]
(1) There shall be paid to the
Comptroller and Auditor-General of India a salary at the rate of nine
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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