Judges Pensions (India and Burma) Act 1948

5 Computation of service.

(1) Subject to the provisions of subsection (2) of this section, the service of a person shall be computed—

(a) for the purposes of sections one and two of this Act, in the same manner as his service for pension would fall to be computed under the Government of India (High Court Judges) Order, 1937, for the purposes of the Third Schedule to that Order;

(b) for the purposes of the last preceding section, in the same manner as his service for pension would fall to be computed under the Government of Burma (High Court Judges) Order, 1937, for the purposes of the First Schedule to that Order:

Provided that service as an acting judge or an additional judge shall be taken into account notwithstanding that there is no subsequent service in a substantive appointment.

(2) If, in the opinion of the Secretary of State, service in a court in India or Pakistan created after the fifteenth day of August, nineteen hundred and forty-seven, ought to be treated for the purposes of section one or section two of this Act as if it were service in a court which was a High Court in British India, it shall be so treated, and references in the said sections one and-two, in the Schedule to this Act, and in the Government of India (High Court Judges) Order, 1937, as applied by that Schedule, to service, or to service in a particular court or particular courts, shall be construed accordingly.