(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]; 6 * * * * * (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. 13 * * * * *Open in Lexace · Ask the AI about this section
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