Act Number: 41

Act Name: The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

Year: 1958

Enactment Date: 1958-10-17

Long Title: An Act to regulate salaries and certain conditions of service of the Judges of the Supreme Court.

Ministry: Ministry of Law and Justice

Department: Department of Justice

Section 2: Definitions.
    In this Act, unless the context otherwise requires,―
         (a) “acting Chief Justice” means a Judge appointed under article 126 of the Constitution to perform the duties of the Chief Justice of India;
         (b) “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, undertake to discharge; and
             (ii) vacations;
         (c) “Chief Justice” means the Chief Justice of India, but does not include an acting Chief Justice;
         (d) “High Court” means the High Court for a State;
         (e) “Judge” means a Judge of the Supreme Court and includes the Chief Justice and an acting Chief Justice;
         (f) “prescribed” means prescribed by rules made under this Act;
         (g) “service as a Judge in India” means service rendered 1 [in the Supreme Court] and in one or more of the High Courts, and “Judge in India” and “service for pension as a Judge in India” shall be construed accordingly;
         (h) “service for pension” includes―
             (i) actual service;
             (ii) time spent by a Judge of a High Court in attending the sittings of the Supreme Court as an ad hoc Judge under article 127 of the Constitution, if he is subsequently appointed as a Judge:
             2 [(iii) the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary;]
         (i) “vacation” means such period or periods during a year as may be fixed as vacation by or under the rules of the Supreme Court made with the prior approval of the President.
Notes:
1. Subs. by Act 13 of 2016, s. 18, for certain words (w.e.f. 5-4-2016).
2. Subs. by Act 57 of 1980, s. 7, for sub-clause (iii) (w.e.f. 10-12-1980).
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