22. Travelling allowance to a Judge.―A Judge shall receive such reasonable allowance 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, be
prescribed.
23. Facilities for rent-free houses and other conditions of service.―(1) Every Judge shall be
entitled without payment of rent to the use of an official residence in accordance with such rules as
may, from time to time, be made in this behalf.
3
[ 4
[(1A) 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.] 5***]].
(2) 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.
(3) 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.
6
[(4) Sub-sections (1), (2) and (3) shall be deemed to have come into force on the 26th day of
January, 1950 and sub-section (1A) shall be deemed to have come into force on the 9th day of
May, 1986 and any rule made under any of the said sub-sections may be made so as to be
1. The words “is a member of the Indian Civil Service or” omitted by Act 13 of 2016, s. 26 (w.e.f. 5-4-2016).
2. Ins. by Act 38 of 1986, s. 9 (w.e.f. 5-9-1977).
3. Ins. by Act 72 of 1993, s. 2 (w.e.f. 26-12-1993).
4. Subs. by Act 10 of 2018, s. 7 for “sub section (1A)” (w.e.f. 1-7-2017).
5. The words “plus thirty per cent. of the dearness pay” omitted by Act 23 of 2009, s. 11 (w.e.f. 5-4-2016).
6. Subs. by Act 72 of 1993, s. 2 (w.e.f. 26-12-1993).
12
retrospective to any date not earlier than the commencement of the respective sub-section.]
1
[
2
[23A. Conveyance facilities.―Every Judge shall be entitled to a staff car and 3
[two hundred
litres of fuel every month or the actual consumption of fuel] per month, whichever is less.]]
23B. Sumptuary allowance.―The Chief Justice and each of the other Judges shall be entitled to
a sumptuary allowance of 4
[ 5
[forty-five thousand] ] rupees per month and 6
[ 7
[thirty-four thousand]]
rupees] per month respectively.
23C. Medical facilities for retired Judges.―Every retired Judge shall, with effect from the date
on which the Supreme Court Judges (Conditions of Service) Amendment Act, 1976 (36 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.]
8
[
9
[23D. 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 23 10[or the allowance paid to him under sub-section (1A) of thatsection];
(b) the value of the conveyance facilities provided to a Judge under section 23A;
(c) the sumptuary allowance provided to a Judge under section 23B,
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).]
11[(d) the value of leave travel concession provided to a Judge and members of his family.]
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, including special disability leave;
12[(aa) the number of casual leaves and the conditions subject to which it may be allowed
under sub-section (3) of section 3;]
(b) pension payable to a Judge, including extraordinary pensions and gratuities;
(c) travelling allowances to a Judge;
1. Ins. by Act 36 of 1976, s. 4 (w.e.f. 1-10-1974).
2. Subs. by Act 38 of 1986, s. 10, for section 23A (w.e.f. 1-11-1986).
3. Subs. by Act 20 of 1996, s. 2, for certain words (w.e.f. 11-1-1996).
4. Subs. by Act 23 of 2009, s. 12, for “ten thousand” (w.e.f.16-3-2009).
5. Subs. by Act 10 of 2018, s. 8, for “twenty thousand” (w.e.f. 22-9-2017).
6. Subs. by Act 23 of 2009, s. 12, for “seven thousand five hundred” (w.e.f. 16-3-2009).
7. Subs. by Act 10 of 2018, s. 8, for " fifteen thousand " (w.e.f. 22-9-2017).
8. Ins. by Act 57 of 1980, s. 10 (w.e.f. 1-4-1975).
9. Subs. by Act 20 of 1988, s. 6, for section 23D (w.e.f. 1-11-1986).
10. Ins. by Act 72 of 1993, s. 3 (w.e.f. 9-5-1986).
11. Ins. by Act 2 of 1994, s. 3 (w.e.f. 4-1-1994).
12. Ins. by Act 13 of 2016, s. 27 (w.e.f. 5-4-2016).
13
(d) use of official residence by a Judge;
(e) facilities for medical treatment and other conditions of service of Judge;
(f) any other matter which has to be, or may be, prescribed.
1
[(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.―Nothing contained in this Act shall have effect so as to give to a Judge who is
serving as such at the commencement of this Act less favourable terms in respect of his privileges and
allowances or his rights in respect of leave of absence (including leave allowances) or pension than
those to which he would have been entitled, if this Act had not been passed.