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Section 2: Definitions.

The High Court Judges Salaries and Conditions of Service Act, 1954Central Act · Act 28 of 1954

(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];

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(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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Where this provision sits

ActThe High Court Judges Salaries and Conditions of Service Act, 1954
Section2
Marginal noteDefinitions.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted. . The words "who was" omitted by the Adaptation of Laws (No. 3) Order, 1956 (w.e.f. 1-11-1956).
  • omitted, Act 13 of 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).
  • inserted. . 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).
  • omitted, Act 13 of 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).
  • inserted. . 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).
  • omitted, Act 13 of 2016. . Clause (e) omitted by Act 13 of 2016, s. 2 (w.e.f. 5-4-2016).
  • substituted. . Subs. by the Adaptation of Laws (No.3) Order, 1956, for in any Part A State (w.e.f. 1-11-1956).
  • inserted. . Ins. by Adaptation of Laws (No.3) Order, 1956 (w.e.f. 1-11-1956).
  • substituted, Act 46 of 1958. . Subs. by Act 46 of 1958, s. 2, for and acting Chief Justice of a High Court (w.e.f. 1-11-1956).
  • inserted, Act 50 of 1961. . Ins. by Act 50 of 1961, s. 2 (w.e.f. 20-5-1954).
  • substituted, Act 57 of 1980. . Subs. by Act 57 of 1980, s. 2, for sub-clause (ii) (w.e.f. 10-12-1980).
  • substituted, Act 13 of 2016. . Subs. by Act 13 of 2016, s. 2, for certain words (w.e.f. 5-4-2016).
  • omitted. . Sub-sections (3) and (4) omitted by s. 2, ibid. (w.e.f. 5-4-2016).

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