Section 5:
Aggregate amount of leave which may be granted.
(1) The aggregate amount of leave
which may be granted to a Judge during the whole period of his service as such shall not exceed in
terms of leave on half allowances three years 1
[including the period credited to his leave account
under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High Court] together
with the aggregate of the periods, if any, credited to his leave account under sub-section (2) (a) (ii) of
section 4 as compensation for vacation not enjoyed.
(2) The aggregate amount of leave on full allowances which may be granted to a Judge during the
whole period of his service as such shall not exceed one-twenty-fourth of the period spent by him on
actual service together with one-half of the aggregate periods, if any, 2
[credited to his leave account―
(a) under sub-section (2) (a) (ii) of section 4 as compensation for vacation not enjoyed, and
(b) under sub-section (2) (a) (iii) of section 4 as leave earned by him as a Judge of a High
Court.]
(3) 3
[Subject to the provisions of sub-section (2) of section 5A, the maximum period of leave
which may be granted] at one time shall be, in the case of leave on full allowances, five months and in
the case of leave with allowances of any kind, sixteen months.
Notes:
1. Ins. by Act 77 of 1971, s. 4 (w.e.f. 17-10-1958).
2. Subs. by s. 4, ibid., for "credited to his leave account under sub-section (2) (a) (ii) of section 4 as compensation for
vacation not enjoyed" (w.e.f. 17-10-1958).
3. Subs. by s. 4, ibid., for "The maximum period of leave which may be granted" (w.e.f. 17-10-1958).