4. Salary, allowances and other terms and conditions of judges.
(1)The terms and conditions of service of a Judge appointed by deputation under clause (a) of sub-rule (1) of Rule 3 shall: -(a)If such Judge belongs to the Bihar Superior Judicial Service be regulated by the Rules applicable to the members of the service:Provided that the pay and allowances of such Judge shall be as are admissible to a District Judge on deputation and his service conditions shall not be varied to his disadvantage after such appointment, and(b)If such Judge belongs to a service other than the Bihar Superior judicial Service, be regulated by the Rules applicable to the members of that service:Provided that the pay and allowances of such Judge shall be as are applicable to an Officer on deputation under the provisions of the Bihar Service Rules and his Service conditions shall not be varied to his disadvantage after appointment.(2)The terms and conditions of Service of a Judge appointed under clause (c) of sub-rule (1) of Rule 3 shall be the same as are applicable to a member of the Bihar Superior Judicial Service and shall be paid such pay and allowances as admissible to a selection grade member of that service. On his appointment as Judge, his pay will be fixed at the minimum Scale of Selection Grade of that service.(3)No person shall be appointed as Judge before he has attained the age of 35 years and after he has attained the age of 62 years.(4)If any person appointed as a Judge was in service under the Central or State Government he shall, on completion of age of Superannuation applicable in his parent Department, stand retired from the Service:Provided that the State Government may, with concurrence of the High Court, re-appoint him on the post of a Judge for a period not exceeding two years, which can be further extended, but not beyond the age of 62 years. On his reappointment, He will get the Salary and Allowances as admissible to a retired Government Servant on his re-appointment as per provisions of Bihar Service Rules.(5)Any member of the Bihar Superior Judicial Service who has reached the age of superannuation will be eligible for re-appointment as a Judge of the Family Courts for a period not exceeding two years, which can further be extended, but not beyond the age of 62 years, by the State Government with the concurrence of the Hight Court. On his re-appointment, he will get salary and allowances as are admissible to a retired Government Servant as per Law.(6)The pension of a person appointed otherwise than from members of Bihar Superior Judicial Services or other Service shall be governed by the contributory Pension Rules' or any other Pension Rule enacted by the State Government from time to time".(7)The Hight Court may transfer any Judge from One Family Court to another such Court in the State of Bihar.(8)The Judge of Family court shall work under administrative control and superintendence of the High Court.(9)The Dress of a Judge of Family Court Shall be similar to that of District and Session Judge.(10)The maintenance of the Court building of Family Courts and its office shall be looked after by the Registrar/Judge-in-Charge of Civil Court of that District.(11)(i)The allotment of fund on all heads including heads of fees and honoraria to be paid to experts, counsellors or amicus curae shall be made available to the Principal Judge of the Family Court and the accounts of receipts and expenditure shall be maintained as per prevailing Rules and practices by the Registrar or the Judge-in-Charge of the Judgeship separately.(ii)The Registrar or the Judge-in-Charge shall be drawing and disbursing officer in respect of the officers and employees of the Family courts.(iii)In case a Family Court is established outside in addition to the one already existing at the headquarters of the Judgeship, in officers posted at the outlying station and authorized to act as the Registrar or Judge-in-charge there by the District and Session Judge, Shall also act as such for all purposes in respect of the Family Court.(iv)In case of the office of the Principal Judge, lying vacant or in case the Principal Judge is unable to discharge his function due to his absence or illness or for any other cause, the Additional Principal Judge, if any posted in the Family Court, Shall discharge the functions of the Principal Judge.(v)In case the Family court is lying vacant, the District Judge of the Judgeship shall act as the Principal Judge to discharge all the functions of the Principal Judge of the Family Court.(12)The Family Court shall observe holidays and vacation as declared by the High Court for Civil Courts.(13)A Staff Car shall be provided to each Judge of Family courts with 100 liters of petrol per month, or actual consumption of petrol which ever is less. An amount equal to the amount sanctioned for maintenance of a Staff Car or Civil Court shall be sanctioned for maintenance of the Staff Car of Family Courts.(14)Every Judge of Family Court shall be provided Telephone at the residence and in Chamber in Court premises as per Rule applicable to District Judge.(15)A Library shall be attached with every family Court and an annual grant shall be sanctioned for books, and Journals in the Library. Seristedar of Family Court shall be Incharge of Library.
