High Court Judges (Salaries and Conditions of Service) Act, 1954
Act No. 28 of 1954 [With latest Amendments]
[20th May, 1954]
An Act to regulate [i][salaries and] certain conditions of service of the Judges of High Courts [ii][* * *]
Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:—
Chapter I
PRELIMINARY
1. Short title.
1. Short title.—This Act may be called the High Court Judges ([iii][Salaries and] Conditions of Service) Act, 1954.
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Other Contents of High Court Judges (Salaries and Conditions of Service) Act, 1954 |
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Chapter I- PRELIMINARY |
2. Definitions.
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 [iv][* * *] appointed to act as a Judge [v][* * *] [vi][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 [vii][* * *] appointed as an additional Judge [viii][* * *] [ix][under clause (1) of Article 224 of the Constitution];
(e) [x][* * *]
(f) “High Court” means a High Court [xi][for a State] and includes a High Court which was exercising jurisdiction [xii][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 [xiii][an acting Chief Justice, an additional Judge and an acting Judge of the High Court];
[xiv][(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;
[xv][(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, [xvi][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.
(3) [xvii][* * *]
(4) [xviii][* * *]
References
[i] Inserted by Act 18 of 1998, Section 2 (w.e.f. 1-1-1996).
[ii] The words “in Part A States” omitted by the Adaptation of Laws (No. 3) Order, 1956.
[iii] Inserted by Act 18 of 1998, Section 3 (w.e.f. 1-1-1996).
[iv] The words “who was” omitted by the Adaptation of Laws (No. 3) Order, 1956.
[v] The words “under sub-section (2) of Section 222 of the Government of India Act, 1935 or” omitted by Act 13 of 2016, S. 2(a)(i) (w.e.f. 5-4-2016).
[vi] Added by the Adaptation of Laws (No. 3) Order, 1956.
[vii] The words “who was” omitted by the Adaptation of Laws (No. 3) Order, 1956.
[viii] The words “under sub-section (3) of Section 222 of the Government of India Act, 1935 or” omitted by Act 13 of 2016, S. 2(a)(ii) (w.e.f. 5-4-2016).
[ix] Added by the Adaptation of Laws (No. 3) Order, 1956.
[x] Omitted by Act 13 of 2016, S. 2(a)(iii) (w.e.f. 5-4-2016).
[xi] Substituted by the Adaptation of Laws (No. 3) Order, 1956, for “in any Part A State”.
[xii] Inserted by the Adaptation of Laws (No. 3) Order, 1956.
[xiii] Substituted for “and acting Chief Justice of a High Court” by Act 46 of 1958, Section 2 (w.e.f. 1-11-1956).
[xiv] Inserted by Act 50 of 1961, Section 2.
[xv] Substituted by Act 57 of 1980, Section 2.
[xvi] Substituted for “previous service for any period or periods as acting Judge or additional Judge or as a Judge of a former Indian High Court” by Act 13 of 2016, S. 2(b) (w.e.f. 5-4-2016).
[xvii] Omitted by Act 13 of 2016, S. 2(c) (w.e.f. 5-4-2016).
[xviii] Omitted by Act 13 of 2016, S. 2(c) (w.e.f. 5-4-2016).
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