High Court Judges (Salaries and Conditions of Service) Act,1954
Act No : 28
Section :
Definitions.
2. (1)Definitions. 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 2* *** appointed to act as a Judge under sub-section (2) of section 222 of the Government of India Act, 1935 3*[or 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 for- mer 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 ---------------------------------------------------------------------- 1 The words and letter "in Part A States" omitted by the Adaptation of Laws (No. 3) Order, 1956. 2 The words "who was" omitted, ibid. 3 Added, ibid. ----------------------------------------------------------------------- 32 (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 ; (d) "additional Judge" means a person 1* *** appointed as an additional Judge under sub-section (3) of section 222 of the Government of India Act, 1935 2*[or under clause (1) of article 224 of the Constitution] ; (e) "former Indian High Court" means the High Court at Rangoon, the High Court at Lahore, the Chief Court of Sind or the Judicial Commissioner's Court of North-West Frontier Province ; (f)"High Court" means a High Court 3*[for a State] and includes a High Court which was exercising Jurisdiction 2*[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 4*[an acting Chief Justice, an additional Judge and an acting Judge of the High Court] ; 5*[(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 ; 6*[(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, previous service for any period or periods as acting Judge or additional Judge or as a Judge of a former Indian High Court 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. ---------------------------------------------------------------------- 1 The words "who was" omitted by the Adaptation of Laws (No. 3) Order, 1956. 2 Added, ibid. 3 Subs:, ibid., for "in any Part A State". 4 Sub. by Act 46 of 1958, s. 2, for "and acting Chief (w.e.f. 1-11-1956). 5 Ins by Act 50 of 1961. s. 2 (retrospectively). 6 Subs. by Act 57 of 1980 s. 2, for sub-clause (ii). ---------------------------------------------------------------------- 33 (3)Any period of leave taken by a Judge before the commencement of this Act under the rules then applicable to him as an acting Judge, additional Judge or a Judge shall, for the purposes of this Act, be treated as if it were leave taken by him under this Act. (4)Any period of leave taken by a Judge while serving as a Judge of a former Indian High Court before his appointment to a High Court shall for the purposes of this Act be treated as if it were leave taken by him under this Act.
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