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Union of India - Section

Section 2 in The High Court Judges Travelling Allowance Rules, 1956

2.

(1)When a Judge travels on duty, he is entitled :
(a)When travelling by railway, -
(i)to a reserved two-berth compartment of the highest class including air-conditioned and if one such compartment is not available, then to a reserved four-berth compartment of the highest class (but excluding air conditioned);
(ii)if such a compartment is provided, to take his spouse along with him without payment of the fare: and
(iii)to the fares at the lowest class rates actually paid for servants not exceeding two in number;
(b)when travelling by a steamer service, to one reserved first class cabin, if available or to the fare actually paid for himself, and the fares at the lowest class rates actually paid to the steamer service for servants not exceeding two in number, subject to usual deductions on account of messing charges;
(c)When travelling by a public air transport service, to the fare paid for himself and, if actually paid, the cost of transporting upto (75 kilograms) of luggage by rail at passenger rates, or steamer and the railway or steamer fares of the lowest class for servants not exceeding two in number, and the expenditure actually incurred on the transport by road of servants or luggage up to a maximum of (one-half of the rate per kilometer notified by the concerned Director of Transport for auto-rickshaw) of that part of the journey by road for which no allowance is claimed under clause (d) of this sub-rule;
(d)when travelling by road, to %(road mileage allowance at the rate notified by the concerned Director of Transport) provided that -
(i)no such allowance shall be payable in respect of that portion of a journey by road for which a public air transport service provides its own transport and the fare for which journey is included in the air fare paid under clause (c) for the air journey;
(ii)no mileage allowance shall be admissible for journeys undertaken within a radious of (eight kilometers) from the residence of the Judge or for a journey between such residence or temporary residence and the place of sitting of the High Court or of a Bench of the High Court; and
(iii)where daily allowance is admissible and is claimed for any day, no mileage allowance shall be admissible in addition in respect of any journey undertaken by road within a radius of (eight kilometers) from the temporary residence of the Judge at the place of halt;
(iv)no such allowance shall be payable in cases where the Judges uses transport provided at Government expense;
[***] [Clauses (dd) and (ddd), omitted by G.S.R. 344(E), dated 18th May, 1976 (w.e.f. 18th May, 1976)]
(e)[ 10 a daily allowance up to [Rs. 7500/- per day for hotel or guest house accommodation, transport charges (AC taxi) as per actual expenditure commensurate with official engagements for travel within the city and food bills not exceeding Rs. 1200/-] [Substituted by G.S.R. 330 (E), dated 15th April, 2011.] per day for the entire period of absence from headquarters, the absence being reckoned from the time of departure from headquarters to the time of return to headquarters]
Provided that the daily allowance so admissible shall be regulated as follows :-
(i)[ when a Judge is required to perform functions outside his normal duties away from his headquarters he may, subject to such conditions as the President may in each case determine, be granted daily allowance up to [Rs. 7500/- per day for hotel or guest house accommodation, transport charges (AC taxi) as per actual expenditure commensurate with official engagements for travel within the city and food bills not exceeding Rs. 1200/-] [Substituted by G.S.R. 330 (E), dated 15th April, 2011.] per day and shall also be entitled to Government accommodation at the same rates as for Government servants of equivalent pay];
(ii)[***] [Clause (ii) omitted by G.S.R. 330 (E), dated 15th April, 2011.]
(iii)if the date of departure from and return to headquarters fall on different dates, the period of absence from headquarters shall be reckoned as two days and daily allowance shall be calculated for each day as in clause (ii)
Provided further that -
(i)[ "When a Judge is required to perform functions outside his normal duties away from his headquarters he may, subject to such conditions as the President may in each case determine, be granted daily allowance exceeding [Rs. 7500/- per day for hotel or guest house accommodation, transport charges (AC taxi) as per actual expenditure commensurate with official engagement for travel within the city and food bills not exceeding Rs. 1200/-] [Substituted by G.S.R. 1194(E), dated 7th November, 1986 (w.e.f. 7th November, 1986)] per day and shall also be entitled to Government accommodation at the same rates as for Government servants of equivalent pay".]
(ii)when a Judge is required to perform his normal duties away from his headquarters and in specially expensive localities like Bombay, Calcutta or any other locality so declared hereafter by the President, he may be granted a daily allowance of [Rs. 1000] [Substituted by G.S.R. 151(E), dated 24th February, 1999(w.e.f. 24th February, 1999)]
(iii)when a Judge is required to perform similar functions, whether part-time or whole time in his own headquarters, he shall not be paid any allowance or charges unless the special work involves extra expenses in which case he may be granted such allowance not exceeding [Rs. 7500/-] [Substituted 'Rs. 5000/-' by Notification No. G.S.R. 631(E), dated 10.7.2018 (w.e.f. 23.10.1956).] per day as the President in each case determine;
(iv)when a Judge is a State Guest or is allowed to avail free board and lodging at the expenses of the Central or State Government or any autonomous industrial or commercial undertaking or corporation or a statutory body or a local authority, in which Government funds have been invested or in which Government have any other interest, the daily allowance shall be restricted to 25 per cent of the amount admissible or sanctioned; and if only board or lodging is allowed free, the Judge may draw daily allowance at one-half of the admissible rate.
(f)to the expenditure, if any, actually incurred on the transport by [passenger train at Railway risk or by Air at owners risk, whichever is less] [Substituted by G.S.R. 914(E), dated 6th September, 1988 (w.e.f. 6th September, 1988)] or steamer at owner's risk of a motor car, and the fare at lowest class rate actually paid to a railway or steamer service in respect of one driver or cleaner for the car.
[(1-A) when a Judge of the High Court at Bombay is required to proceed on circuit from [one of the four stations namely, Bombay, Nagpur, Aurangabad and Panaji any other aforesaid station] [Inserted by G.S.R 784(E), dated 2nd May, 1970 (w.e.f. 2nd May, 1978)] he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter -]
(i)for journeys by rail, and in case not travelling in the reserved compartment in the highest class of accommodation, excluding air-conditioned;
(ii)for journeys by air, by a public air transport service:
Provided that the duration of @ (the circuit concerned) is not less than (fifteen days) at a time.][(1-B) When a Judge of the High Court of Madhya Pradesh is required to proceed on circuit from Jabalpur to Indore or Gwalior or from Indore to Jabalpur or Gwalior, or from Gwalior to Jabalpur or Indore, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter-When a Judge of the High Court of M.P.........
(i)for journeys by rail in case not travelling in the reserved compartment, in the highest class of accommodation, excluding air conditioned;
(ii)for journeys by air, by a public air transport service:
Provided that the duration of circuit at Indore or Gwalior or Jabalpur is not less than [fifteen days] [Inserted by G.S.R. 1539, dated 4th September, 1970.] at a time.][(1-C) When a Judge of the Gauhati High Court is required to proceed on circuit from Gauhati to Imphal or to Agartalla or to any other Bench of the High Court that may constituted, or from Imphal or Agartalla or to any other such Bench to Gauhati or from one Bench to another Bench, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter-When a Judge of the Gauhati High Court...........
(i)for journeys by rail and in case not travelling in the reserved compartment in the highest class of accommodation, excluding air conditioned;
(ii)for journeys by air, by a public air transport service:
Provided that the duration of circuit at Imphal or Agartalla or at such other Bench is not less than * (fifteen days) at a time.][1-D) When a Judge of the High Court of Rajasthan is required to proceed on circuit from Jodhpur to Jaipur or from Jaipur to Jodhpur, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter-
(i)for journey by rail and in case not travelling in the reserved compartment, in the highest class of accommodation excluding air-conditioned;
(ii)for journeys by air, by a public air transport service.
Provided that the duration of circuit at Jodhpur or Jaipur is not less than (fifteen days) at a time.][1-E) When a Judge of the High Court of Patna is required to proceed on circuit from Patna to Ranchi or from Ranchi to Patna he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter:
(i)for journeys by rail and in case not travelling in the reserved compartment in the highest class of accommodation excluding air-conditioned;
(ii)for journeys by air, by a public air transport service.
Provided that the duration of circuit at Patna or Ranchi is not less than (fiftten days) at a time.(1-F) [When a Judge of the High Court of Calcutta is required to proceed on circuit from Calcutta to the Andaman and Nicobar Islands, he shall for the journeys from Calcutta to Port Blair and back, also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter.
(i)for journeys by sea in the Deluxe Cabin of a Ship;
(ii)for journeys by M.V. Akbar in the Deluxe Class with attached toilet and;
(iii)for journeys by air, by a public air transport service :
Provided that the duration of the circuit at Port Blair is not less than (fifteen days) at a time.][(1-G) When a Judge of the High Court of Madras is required to proceed on circuit from Chennai to Madurai or from Madurai to Chennai, he shall also be entitled to the expenditure actually incurred by him for the transport of his wife and dependent son or daughter -
(i)for journey by rail, and in case not travelling in the reserved compartment, in the highest class of accommodation, excluding air-conditioned;
(ii)for journeys by air, by a public air transport service:
Provided that the duration of the circuit concerned is not less than fifteen days at a time.] [Inserted by Notification No. G.S.R. 412(E) dated 16.6.2005]
(2)If any person * (other than wife and servants) accompany a Judge in a compartment or cabin reserved for him under sub-rule (1), fares shall be payable by him or their account, and the fares so paid shall, if full tariff rates have been paid by Government for the reserved accommodation, be credited to Government.
(3)For the purposes of this rule -
(i)all journeys to and from headquarters shall be deemed to commence and terminate at the Judge's residence at headquarters or, as the case may be at an out-station;
(ii)a Judge shall be deemed to be travelling on duty when, during a vacation of the High Court, he proceeds from any place in India where he was spending the vacation for the purpose of doing duty in the High Court and returns to such place after completion of such duty;
(iii)a Judge shall be deemed to be travelling on duty when during leave or leave combined with vacation of the High Court, he proceeds from any place in India where he was spending the leave or vacation to any place or places in India for the purpose of performing duty and returns to such place or to his headquarters after completion of his duty.
Provided that in case of returns to headquarters after performing duty the travelling allowance in relation to that journey shall be restricted to what the Judge would have drawn had he returned to the place from where he proceeded.]
(iii)[ `actual expenses' means the ordinary and normal expenses incidental to the journey and includes any charge for a ferry, payment of tools, amount spent on transport of camp equipment but does not include such other charges as hotel charges rent for occupying a traveller's bungalow, cost of refreshments, charges for carriage of stores or conveyance or presents to coachmen or tips to bearers, or any other allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of additional servants;]