Document — The Himachal Pradesh Subordinate Courts’ Employees (Pay, Allowances and other Conditions of Service) Act, 2005

AUTHORITATIVE ENGLISH TEXT THE HIMACHAL PRADESH SUBORDINATE COURT’S EMPLOYEES (PAY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE) Act, 2005 ARRANGEMENT OF SECTIONS Sections: 1. Short title. 2. Definitions. 3. Pay, allowances and other conditions of service. 4. Power to make rules. 5. Savings. ____________ THE HIMACHAL PRADESH SUBORDINATE COURTS’ EMPLOYEES (PAY, ALLOWANCES AND OTHER CONDITIONS OF SERVICE) Act, 2005 (Act NO. 3 OF 2006) 1 (Received the assent of Governor on 7 th h February, 2006 and was published in Hindi and English in R.H.P. Extra., dated the 7 th h February, 2006, P. 6761-6763). An Act to provide for the regulation of the pay, allowances and other conditions of service of the Subordinate Courts’ employees in the State of Himachal Pradesh and for the matters connected therewith or incidental thereto. Amended, repealed or otherwise affect by,- (i) H.P. Act No. 19 of 2015 2 published both in Hindi and English in R.H.P. dated 30 th h May, 2015 at p. 1063-1069). (ii) H.P. Act No. 3 of 2016 3 assented to by the Governor of Himachal Pradesh on the 4 th April, 2016, published both in Hindi and English in R.H.P. dated 7th April, 2016 at pages 111-119. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Fifty-sixth Year of the Republic of India, as follows:- 1 . Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons, see R.H.P. Extra., dated 7-2-2006, p. 6761-6763. 2 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 17.4.2015, p. 334&335. 3 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects and Reasons see R.H.P. dated 3.12.2015, p. 5831 & 5835. 1. Short title.- This Act may be called the Himachal Pradesh Subordinate Courts’ Employees (Pay, Allowances and other Conditions of Service) Act, 2005. 2. Definitions.- In this Act, unless the context otherwise requires,- (a) “allowances” means the allowances admissible to the employees of the Subordinate Courts in Himachal Pradesh immediately before the commencement of this Act; (b) “notification” means a notification published in the Official Gazette; (c) “Official Gazette” means the Rajpatra, Himachal Pradesh; (d) “prescribed” means prescribed by rules made under this Act; (e) “Schedule” means Schedule appended to the Act; (f) “Subordinate Courts’ employees” means the employees of the Subordinate Courts of Himachal Pradesh; (g) “State” means the State of Himachal Pradesh; and (h) “State Government” means the Government of Himachal Pradesh. 3. Pay, allowances and other conditions of service.- 4 [(1) The Subordinate Courts’ Employees shall be paid the pay scales, as specified in the SCHEDULE : Provided that the categories of employees mentioned at Sr. Nos. 1, 2, 7, 8, 9 and 33 of the SCHEDULE, who have been given higher pay scales as per the recommendations of the Shetty Commission, shall not be entitled to additional increment granted by the State Government vide Notification No. Home-B (E) 2-7/2009-HC dated 24-09-2012, however, other categories of employees, except above mentioned categories, who have not been granted higher pay scale, shall be entitled to one additional increment on the existing pay with effect from 1-4-2003 instead of 1-10-2012 under the said notification.] (2) The rates of allowances and other conditions of service of the Subordinate Courts’ employees shall be such as may be prescribed. 5 [3-A. Power to amend SCHEDULE.—The State Government may, by notificationpublished in the Official Gazette, amend or substitute the SCHEDULE and thereuponthe SCHEDULE shall be deemed to have been amended accordingly.] 4 Sub-Section (1) substituted vide Act No. 19 of 2015again substituted vide Act No. 3 of 2016. 5 New Section 3-A inserted vide Act No. 19 of 2015. 4. Power to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules regulating the pay, allowances and other conditions of service of the Subordinate Courts’ employees. (2) Every Rule made under this Act 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 in 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 modifications 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.- The rules applicable to the Subordinate Courts’ employees immediately before the commencement of this Act, shall continue to regulate the pay, allowances and other conditions of service until rules regulating pay, allowances and other conditions of service are framed under this Act. 6 [SCHEDULE [See sections 2(e) and 3(1)] Pay Scales admissible to Subordinate Courts’ Employees w.e.f. 1-4-2003 and revised pay scales w.e.f. 1-1-2006. Master Scale : 2520-100-3220-110-3660-120-4260-140-4400-150-5000-160- 5800-200-7000-220-8100-275-10300-340-12000-375-13500-400-15900-450- 18600-500-23600. Sr. No. Category Classifica tion Pay Scale w.e.f. 1-4-2003 Revised Pay Scale w.e.f.

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