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Supreme Court Judges ( Salaries and Conditions of Service) Act,1958

Act No : 41


Section : Aggregate amount of leave which may be granted.

5. (1)Aggregate amount of leave which may be granted. The aggregate amount of leave which may be granted to a Judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years 4*[ [including the period credited to his leave account under sub-section (2)(a)(iii) of section 4 as leave earned by him as a Judge of a High Court] ] together with the aggregate of the periods, if any, credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed. (2) The aggregate amount of leave on full allowances which may be granted to a Judge during the whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on actual service together with one-half of the aggregate periods, if any, 5*[credited to his leave account- (a) under sub-section (2) (a) (ii).of section 4 as compensation for vacation not enjoyed, and (b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court.] ---------------------------------------------------------------------- 1 Ins. by Act 77 of 1971, s 3, (w.e.f. 1-5-1958). 4 Ins. by s. 4, ibid. (w.e.f. 17-10-1958). 5 Subs, by s, 4, ibid., for: certain words (w.e.f. 17-10-1958). 2. Subs. by Act 38 of 1986, S. 7 (w.e.f. 1.11.1986). 3. Subs. by Act 32 of 1989, s 3 (w.e.f. 1.11.1986). ---------------------------------------------------------------------- 50 (3) 1*[Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave which may be granted] at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months. 2*[5A. (1) Commutation of leave on half allowances into leave on full a allowances. Notwithstanding anything contained in sub-section (2) of section 5, a Judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his leave as a Judge. (2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub-section (3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.]


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