(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*** 8[under clause (1) of article 224 of the Constitution];
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(f)“High Court” means a High Court 10[for a State] and includes a High Court which was exercising Jurisdiction 11[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 12[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.
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