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 retrospective to any date not earlier than the commencement of the respective sub-section.]

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).