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 4*** appointed to act as a Judge 5*** 6[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;

(d) "additional Judge" means a person 4*** appointed as an additional Judge 7*** 6[under clause (1) of article 224 of the Constitution];

8***

(f) "High Court" means a High Court 9[for a State] and includes a High Court which was exercising Jurisdiction 6[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 10[an acting Chief Justice, an additional Judge and an acting Judge of the High Court];

1[(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;

2[(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, 3[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.

4* * * * *

1. Subs. by Act 18 of 1998, s. 2, for "certain conditions of service" (w.e.f. 1-1-1996).

2. The words and letter "in Part A States" omitted by the Adaptation of Laws (No. 3) Order, 1956.

3. Subs. by Act 18 of 1998, s. 3, for "(conditions of service)" (w.e.f. 1-1-1996).

4. The words "who was" omitted by the Adaptation of Laws (No. 3) Order, 1956.

5. 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).

6. The words, brackets and figures "or under clause (2) of article 224 of the Constitution" were added by the Adaptation of Laws (No.3) Order, 1956.

7. 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).

8. Omitted by s. 2, ibid. (w.e.f. 5-4-2016).

9. Subs. ibid., for "in any Part A State".

10. Subs. by Act 46 of 1958, s. 2, for "and acting Chief Justice of a High Court" (w.e.f. 1-11-1956).

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