(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 1*** appointed to act as a Judge 2*** 3[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 1*** appointed as an additional Judge 4*** 5[under clause (1) of article 224 of the Constitution];
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(f) "High Court" means a High Court 7[for a State] and includes a High Court which was exercising Jurisdiction 8[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 9[an acting Chief Justice, an additional Judge and an acting Judge of the High Court];
10[(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;
11[(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, 12[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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(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 1*** appointed to act as a Judge 2*** 3[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 1*** appointed as an additional Judge 4*** 5[under clause (1) of article 224 of the Constitution];
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(f) "High Court" means a High Court 7[for a State] and includes a High Court which was exercising Jurisdiction 8[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 9[an acting Chief Justice, an additional Judge and an acting Judge of the High Court];
10[(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;
11[(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, 12[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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1. The words "who was" omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f. 1-11-1956).
2. 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. 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. 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. 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. Clause (e) omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
7. Subs. by the Adaptation of Laws (No.3) Order, 1956, for in any Part A State (w.e.f. 1-11-1956).
8. Ins. by Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956).
9. 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. by Act 50 of 1961, s. 2 (w.e.f. 20-5-1954).
11. Subs. by Act 57 of 1980, s. 2, for sub-clause (ii) (w.e.f. 10-12-1980).
12. Subs. by Act 13 of 2016, s. 2, for certain words (w.e.f. 5-4-2016).
13. Sub-sections (3) and (4) omitted by s. 2, ibid. (w.e.f. 5-4-2016).