Chapter I — PRELIMINARY

Section 2Definitions

Section 2: Definitions

2. Definitions

In this Act, unless the context otherwise requires,―

(a)

“acting Chief Justice” means a Judge appointed under article 126 of the Constitution to perform the duties of the Chief Justice of India;

(b)

“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, undertake to discharge; and

(ii)

vacations;

(c)

“Chief Justice” means the Chief Justice of India, but does not include an acting Chief Justice;

(d)

“High Court” means the High Court for a State;

(e)

“Judge” means a Judge of the Supreme Court and includes the Chief Justice and an acting Chief Justice;

(f)

“prescribed” means prescribed by rules made under this Act;

(g)

“service as a Judge in India” means service rendered [in the Supreme Court] and in one or more of the High Courts, and “Judge in India” and “service for pension as a Judge in India” shall be construed accordingly;

(h)

“service for pension” includes―

(i)

actual service;

(ii)

time spent by a Judge of a High Court in attending the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution, if he is subsequently appointed as a Judge:

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

(i)

“vacation” means such period or periods during a year as may be fixed as vacation by or under the rules of the Supreme Court made with the prior approval of the President.

Amendment notes (2)
  1. Subs w.e.f. 5-4-2016 . Subs. by Act 13 of 2016, s. 18, for certain words (w.e.f. 5-4-2016).
  2. Subs w.e.f. 10-12-1980 . Subs. by Act 57 of 1980, s. 7, for sub-clause (iii) (w.e.f. 10-12-1980).