The Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978

An Ordinance to provide for the remuneration and privileges of the Judges of the Supreme Court.

Act No. Ordinance NO. XI OF 1978

Date: 28th March, 1978

An Ordinance to provide for the remuneration and privileges of the Judges of the Supreme Court. WHEREAS it is expedient to provide for the remuneration and privileges of the Judges of the Supreme Court; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

Section 1. Short title

This Ordinance may be called the Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978.

Section 2. Definition

In this Ordinance, unless there is anything repugnant in the subject or context, “Judge” means a Judge of a Division of the Supreme Court, and includes the Chief Justice and an Additional Judge of a Division of that Court.

Section 3. Salary

¹(1) There shall be paid to the Judges a salary at the following rates, namely:-

(i) The Chief Justice - Taka 1,10,000 Per mensem;

(ii) A Judge of the Appellate - Taka 1,05,000 Per mensem;

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(iii) A Judge of the High Court - Taka 95,000 Per mensem.

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(2) No income-tax shall be payable in respect of ²salary and allowances payable to a Judge under this Ordinance.

Section 3A. [Omitted]

[Omitted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Ordinance, 1985 (Ordinance No. XLV of 1985).]

Section 3B. [Omitted]

[Omitted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XIII of 1992).]

Section 3C. [Omitted]

[Omitted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XIII of 1992).]

[Omitted]

³*

Special Allowance

⁴3DD. There shall be paid to a judge a special allowance at the rate of 50% of his salary per mensem.

Recreation allowance.

⁵3E. (1) There shall be paid to a judge, a recreation allowance equal to one month's pay of his salary once in every three years for the purpose of taking leave for rest and recreation.

(2) The recreation allowance shall be paid in addition to the leave salary as mentioned in the section 7 of the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982 (Ordinance No. XX of 1982).

Festival allowance

⁶3F. (1) There shall be paid to a Judge festival allowance equal to two month’s pay of his salary in every year.

(2) The allowance under sub-section (1) shall be paid following the provisions mentioned in the Finance Division’s Memo No. FM/FD(Imp)-4/FB-12/86/29, dated 3 July 1988, and other notifications issued, from time to time, in this behalf by the Government.

Bangla New Year allowance

⁷3G. (1) There shall be paid to a Judge a Bangla New Year allowance once in every year at the rate of 20% of his salary per mensem.

(2) The allowance under sub-section (1) shall be paid following the provisions mentioned in the Finance Division’s Memo No. 07.00.0000.173.44.018.14-78, deted 14 October 2015.

Section 4. Privileges regarding residence, etc.

⁸(1)A Judge shall be entitled to, and provided with,-

(a) a furnished residence free from the payment of any rent and charges on account of municipal taxes and local rate and of the use of electricity, water and gas and, until such residence is provided, a Judge shall be paid a residence allowance of ⁹Taka 50,600 per mensem;

¹⁰(b) an official transport on the same terms as are admissible to a Secretary to the Government and, until such transport is provided or if it is not required by him, he shall be paid a car allowance of ¹¹Taka 25,000 per mensem if he uses his own car or ¹²Taka 2,000 per mensem if he does not use his own car; and

¹³(2) There shall be paid to the Judges a domestic aid allowance at the following rates, namely:-

(i) The Chief Justice - Taka 5,000 Per mensem;

(ii) A Judge of the Appellate - Taka 4,500 Per mensem;

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(iii) A Judge of the High Court - Taka 4,000 Per mensem.

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(3) There shall be paid to the Judges a sumptuary allowance at the following rates, namely:-

(i) The Chief Justice - Taka 12,000 Per mensem;

(ii) A Judge of the Appellate - Taka 8,000 Per mensem;

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(iii) A Judge of the High Court - Taka 5,000 Per mensem.

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Section 5. Medical facilities

A Judge and the members of his family shall be entitled to medical facilities admissible under the Special Medical Attendance Rules, except that he and the members of his family shall be entitled to medical treatment at the residence of the Judge; and such medical facilities shall continue to be admissible after the Judge has retired or otherwise ceased to hold office.

Section 6. Rights relating to leave, pension, etc.

(1) In respect of leave, pension, gratuity and provident fund, a Judge shall be entitled, subject to the provisions of this Ordinance, to all the rights, privileges and allowances as were admissible to him immediately before the commencement of this Ordinance.

(2) [Omitted by section 4 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2005 (Act No. XXV of 2005).]

Section 7. Option of Judges

This Ordinance shall not apply to a Judge who, immediately before the commencement of this Ordinance, was holding office as a Judge of the ¹⁴High Court Division or ¹⁵Appellate Division of the Supreme Court and who, within a period of three months from such commencement, exercises in writing communicated to the Accountant General of Bangladesh his option to be governed by the provisions of law which, immediately before such commencement, were applicable to him.

Section 8. Repeal

The Supreme Court and the High Court Judges (Remuneration and Privileges) Ordinance, 1976 (LXV of 1976) is hereby repealed.

Section 9. Retrospective effect

The provisions of this Ordinance shall be deemed to have taken effect on the 1st day of December, 1977.

Footnotes

1.Sub-section (1) was substituted by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2015).

2.The words “salary and allowances payable to a Judge under this Ordinance” were substituted for the words, brackets and figure “salary payable to a Judge under sub-section (1)” by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Second Amendment) Act, 1990 (Act No. XLI of 1990)

3.Section 3D was omitted by section 3 of The Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XXII of 2010) (With effect from 1st July, 2009).

4.Section 3DD was inserted by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2014 (Act No. II of 2014) (with effect from 1 July, 2013).

5.Section 3E was inserted by section 3 of The Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2009 (Act No. LIV of 2009).

6.Section 3F was inserted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).

7.Section 3G was inserted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (Bangla New Year allowance (বাংলা নববর্ষ ভাতা) ১৪২৩ বঙ্গাব্দ হইতে প্রবর্তিত)

8.The existing provision was numbered as sub-section (1) of that section by section 4 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XIII of 1992)

9.The word, figure and comma “Taka 50,600” were substituted for the word, figure and comma “Taka 26,600” by section 4(a)(i) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).

10.Clause (b) was substituted by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Ordinance, 1983 (Ordinance No. LIX of 1983)

11.The word, figure and comma “Taka 25,000” were substituted for the word, figure and comma “Taka 15,000” by section 4(a)(ii) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).

12.The word, figure and comma “Taka 2,000” were substituted for the word, figure and comma “Taka 1,000” by section 4(a)(ii) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).

13.Sub-sections (2) and (3) were substituted by section 4(b) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).

14.The words “High Court Division” were substituted for the words “High Court” by Article 7(1)(a) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972) (See: Bangladesh (Adaptation of Existing Laws) Order, 1972 )

15.The words “Appellate Division of the Supreme Court” were substituted for the words “Supreme Court” by Article 7(1)(b) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972) (See: Bangladesh (Adaptation of Existing Laws) Order, 1972 )