Section 2Definitions

Section 2: Definitions

2. Definitions

(1)

In this Act, unless the context otherwise requires,

(a)

"acting Chief Justice" means a Judge appointed under article 223 of the Constitution to perform the duties of the Chief Justice;

(b)

"acting Judge" means a person *** appointed to act as a Judge *** [under clause (2) of article 224 of the Constitution];

(c)

"actual service" includes

(i)

time spent by a Judge on duty as a Judge or in the performance of such other functions as he may, at the request of the President of India, undertake to discharge;

(ii)

vacations, excluding any time during which the Judge is absent on leave;

(iii)

Joining time on transfer from a High Court to the Supreme Court or from one High Court to another or from the Supreme Court to a High Court;

(iv)

time spent by a Judge on duty as a Judge of a former Indian High Court;

(v)

time spent by a Judge to attend the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution; and

(vi)

vacation (excluding any time during which the Judge was absent on leave) taken by a Judge as a Judge of a former Indian High Court;br

(d)

"additional Judge" means a person *** appointed as an additional Judge *** [under clause (1) of article 224 of the Constitution];

* * * * *

(f)

"High Court" means a High Court [for a State] and includes a High Court which was exercising Jurisdiction [in a Part A State or] in the corresponding Province before the commencement of the Constitution;

(g)

"Judge" means a Judge of a High Court and includes the Chief Justice [an acting Chief Justice, an additional Judge and an acting Judge of the High Court];

[(gg) "pension" means a pension of any kind whatsoever payable to or in respect of a Judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits;]

(h)

service for pension includes

(i)

actual service;

[(ii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;]

(iii)

joining time on return from leave out of India;

(i)

"prescribed" means prescribed by rules made under this Act.

(2)

In the calculation of service for the purposes of this Act, [service for any period or periods as acting Judge or additional Judge] shall be reckoned as service as a Judge but, save as otherwise expressly provided, previous service as an acting Chief Justice shall not be reckoned as service as Chief Justice.

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Amendment notes (13)
  1. omitted w.e.f. 1-11-1956 . The words "who was" omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f. 1-11-1956).
  2. Omitted w.e.f. 5-4-2016 . The words, brackets and figures 'under sub-section (2) of section 222 of the Government of India Act, 1935 or" Omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
  3. inserted w.e.f. 1-11-1956 . The words, brackets and figures "or under clause (2) of article 224 of the Constitution " were inserted by the Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956).
  4. omitted w.e.f. 5-4-2016 . The words, brackets and figures "under sub-section (3) of section 222 of the Government of India Act, 1935 or" omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
  5. inserted w.e.f. 1-11-1956 . The words, brackets and figures 'under clause (1) of article 224 of the Constitution' were inserted by the Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956).
  6. omitted w.e.f. 5-4-2016 . Clause (e) omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
  7. Subs w.e.f. 1-11-1956 . Subs. by the Adaptation of Laws (No.3) Order, 1956, for in any Part A State (w.e.f. 1-11-1956).
  8. Ins w.e.f. 1-11-1956 . Ins. by Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956).
  9. Subs w.e.f. 1-11-1956 . Subs. by Act 46 of 1958, s. 2, for and acting Chief Justice of a High Court (w.e.f. 1-11-1956).
  10. Ins w.e.f. 20-5-1954 . Ins. by Act 50 of 1961, s. 2 (w.e.f. 20-5-1954).
  11. Subs w.e.f. 10-12-1980 . Subs. by Act 57 of 1980, s. 2, for sub-clause (ii) (w.e.f. 10-12-1980).
  12. Subs w.e.f. 5-4-2016 . Subs. by Act 13 of 2016, s. 2, for certain words (w.e.f. 5-4-2016).
  13. omitted w.e.f. 5-4-2016 . Sub-sections (3) and (4) omitted by s. 2, ibid. (w.e.f. 5-4-2016).