The Himachal Pradesh Judicial Officers (Pay, Allowances and Conditions of Service) Act, 2003

THE HIMACHAL PRADESH JUDICIAL OFFICERS (PAY, ALLOWANCES AND CONDITIONS OF SERVICE) ACT, 2003

(1) This Act may be called the Himachal Pradesh Judicial Officers (Pay 3[, Allowances] and Conditions of Service) Act, 2003. (2) It extends to the whole of the State of Himachal Pradesh. (3) It shall be deemed to have come into force on the First day of July, 1996.

1[3. Salaries.- Notwithstanding anything contained in any rules made under any other law for the time being in force, regulating the pay, allowances and other conditions of service, or any order or judgment passed by any court, the Judicial Officers in the State shall be paid the pay scales as specified in the Schedule and the rates of allowances and other conditions of service of such Officers shall be such as may be prescribed.]

(1) Subject to the provisions of section 3, the State Government may, by notification in the Official Gazette, make rules with retrospective effect regulating the pay, allowances and conditions of of service of the Judicial Officers. (2) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of not less than fourteen days which may be comprised is one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides 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.

Subject to the provisions of section 3, the rules applicable to the Judicial Officers, immediately before the commencement of this Act shall continue to regulate the pay, allowances and conditions of service of the Judicial Officers until the rules in that behalf are made under this Act.

P. Act No. 5 of 2008.

THE HIMACHAL PRADESH JUDICIAL OFFICERS (PAY, ALLOWANCES AND 3 CONDITIONS OF SERVICE) ACT, 2003

1. (d) "SCHEDULE" means Schedule appended to this Act;
2. (e) "State" means State of Himachal Pradesh; and
3. (f) "State Government" means the Government of Himachal Pradesh. 1[3. Salaries.- Notwithstanding anything contained in any rules made under any other law for the time being in force, regulating the pay, allowances and other conditions of service, or any order or judgment passed by any court, the Judicial Officers in the State shall be paid the pay scales as specified in the Schedule and the rates of allowances and other conditions of service of such Officers shall be such as may be prescribed.] 2[3-A. Power to amend Schedule.- The State Government may, by notification published in the Official Gazette, amend or substitute the Schedule, and thereupon the Schedule shall be deemed to have been amended accordingly.] 4. Power to make rules.- (1) Subject to the provisions of section 3, the State Government may, by notification in the Official Gazette, make rules 3[with retrospective effect] regulating the 4[pay, allowances] and conditions of of service of the Judicial Officers.

1. (2) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of not less than fourteen days which may be comprised is one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides 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. 5. Saving.- Subject to the provisions of section 3, the rules applicable to the Judicial Officers, immediately before the commencement of this Act shall continue to regulate the 5[pay, allowances] and conditions of service of the Judicial Officers until the rules in that behalf are made under this Act. ______________ 1. Section 3 amended by Act No. 23 of 2006 and substituted vide H.P. Act No. 5 of 2008. 2. Section 3-A inserted vide H.P. Act No. 23 of 2010. 3. In section 4 the words “with retrospective effect” inserted vide H.P. Act No. 5 of 2008.

⁴ Substituted vide Act No. 23 of 2006.

⁵ Substituted vide H.P. Act No. 23 of 2006.

The Pay Scales for different cadres of the Judicial Officers: 1. Civil Judge (Junior Division),- (a) Initial Scale:- Rs. 27,700-770-33090-920- 40540-108044770. (b) First stage Assured Career Progression Scale, after five years of service: Rs. 33090-920-40540-1080-45850. (c) Second stage Assured Career Progression Scale, after another five years of service:- Rs. 39530-920-40450-1080-490901230-54010. 2. Civil Judge (Senior Division),- (a) Initial Scale:- Rs. 39530-920-40450-1080-49090-123054010. (b) First stage Assured Career Progression Scale, after five years of service: Rs. 43690-1080-49090-1230-56470. (c) Second stage Assured Career Progression Scale, after another five years of service:- Rs. 51550-1230-58930-1380-63070. 3. District Judges Cadre,- (a) Initial Scale:- Rs. 51550-1230-58930-1380-63070. (b) Selection Grade: (Available to 25% Officers of the cadre): Rs. 57700-1230-58930-1380-67210-1540-70290. (c) Super Time Scale (Available to 10% Officers of the cadre) : Rs.70290-1540-76450.] _________ 1. SCHEDULE substituted vide H.P. Act No. 23 of 2010.