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Section 222 - Temporary and Additional Judges in Government of India Act, 1935 [Repealed]

snapp 222 GOIA[ 1935 0 Notes

Temporary and Additional Judges.

(1) If the office of chief justice of a High Court becomes vacant, or if any such chief justice is by reason of absence, or for any other reason, of his office, those duties shall, until some person1[appointed by His Majesty] to the vacant office has entered on the duties thereof, or until the chief justice has resumed his duties, as the case may be, be performed by such one of the other judges of the Court as the Governor-General may2[in his discretion] think fit to appoint3[for the purpose].

(2) If the office of any other judge of a High Court becomes vacant, or if any such judge is appointed to act temporarily as a chief justice, or is by reason of absence, or for any other reason, unable to perform the duties of his office, the Governor-General may2[in his discretion] appoint a person duly qualified for appointment as a judge to act as a judge of that Court, and the person so appointed shall, unless the Governor-General2[in his discretion] thinks fit to revoke his appointment, be deemed to be a judge of that Court until some person1[appointed by His Majesty] to the vacant office has entered on the duties thereof, until the permanent judge has resumed his duties.

(3) If by reason of any temporary increase in the business of any High Court or by reason of arrears of work in any such Court it appears to the Governor-General that the number of the judges of the Court should be for the time being increased, the Governor-General2[in his discretion] may, subject to the foregoing provisions of this chapter with respect to the maximum number of judges, appoint persons duly qualified for appointment as judges to the additional judges of the Court for such period not exceeding two years as he may specify.

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1.Substituted, by the India (Provisional Constitution) Order, 1947, by the words--

'permanently appointed'

2. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6.

3. Substituted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words "as acting chief justice".

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