The Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982

An Ordinance to provide for the leave, pension and privileges of the Judges of the Supreme Court.

Act No. Ordinance NO. XX OF 1982

Date: 26th July, 1982

An Ordinance to provide for the leave, pension and privileges of the Judges of the Supreme Court. WHEREAS is expedient to provide for the leave, pension and privileges of the Judges of the Supreme Court and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-

Section 1. Short title and commencement

(1) This Ordinance may be called the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982.

(2) It shall be deemed to have come into force on the 1st day of December, 1977.

Section 2. Definitions

(1) In this Ordinance unless there is anything repugnant in the subject or context,-

(a) “actual service” means the time spent by a Judge on duty as such or in the performance of such other functions as he may be required under any law to perform or may be required by the ¹President to discharge and includes vacation (but excluding any time during which the Judge is absent on leave) and joining time on transfer from-

(i) the Supreme Court to the place where he is required under any law to perform any function; and

(ii) the place where he is required under any law to perform any function to the Supreme Court;

² *

(c) “Additional Judge” means a Judge appointed by the ³President under sub-paragraph (2) of paragraph 3 of the Schedule to the Proclamation to be an Additional Judge;

⁴(d) “Chief Justice” means the Chief Justice of Bangladesh;

(e) “Judge” means a Judge of a Division of the Supreme Court and includes the Chief Justice ⁵ * and an Additional Judge;

(f) “Proclamation” means the Proclamation of 24th March, 1982;

(g) “Service for pension” means actual service and includes thirty days or the amount actually taken, whichever is less, of each period of leave on full salary;

(h) “Supreme Court” means the Supreme Court as was in existence immediately before the Proclamation;

(i) “Schedule” means a Schedule to this Ordinance; and

(j) “vacation” means a vacation fixed in paragraph 4(6) of the Schedule to the Proclamation.

(2) ⁶In the calculation of service for the purpose of this Ordinance, the previous service for any period or periods immediately before the Proclamation as Chief Justice, Judge,

Additional Judge or Acting Judge of a High Court shall be reckoned as service as a Judge

Section 3. Kinds of leave admissible

(1) Subject to the provisions of this Ordinance, leave granted to a Judge may, at his option, be either-

(a) leave on full salary; or

(b) leave on half salary; or

(2) For the purpose of this part, any period of leave on full salary shall be reckoned as double the period of leave on half salary.

Section 4. Leave account

A leave account shall be kept for each Judge showing therein the amount of leave due to him in terms of leave on half salary and in such account there shall be-

(1) credited to him in two separate columns-

(a) a period equal to one-fourth of actual service; and

(b) where any duties not connected with the business of the Supreme Court are assigned to a Judge and, for reasons of such assignment, the Judge does not avail of any vacation or avails of less than thirty days of vacation in any calendar year, in addition to the leave credited under the preceding sub-clause, a further period equal to double the period by which the vacation availed of by him falls short of thirty days; and

(2) debited to him the period of leave on full or half salary granted to him:

Provided that the opening credit at the commencement of this Ordinance shall not exceed six months in the case of any Judge.

Section 5. Aggregate amount of leave admissible to a Judge

(1) The aggregate amount of leave granted to a Judge during his whole period of service as such shall not exceed, in terms of leave on half salary, thirty-six months.

(2) The aggregate amount of leave on full salary granted to a Judge during his whole period of service as such shall not exceed one-twenty fourth of the period spent by him on actual service, but the leave credited to a Judge under sub-clause (b) of clause (1) of section 4 shall not be subject to the limit herein specified.

(3) The period of leave granted at any one time shall not exceed, in the case of leave on full salary, five months and, in the case of leave of any other kind specified in section 3, sixteen months.

Section 6. Grant of leave not due

Subject to the maximum limits specified in sub-section (1) of section 5, leave on half salary may be granted to a Judge in excess of the amount at his credit-

(a) on a medical certificate; and

(b) for a period not exceeding six months and not more than once during the whole period of his service as Judge, otherwise than on medical certificate.

Section 7. Leave salary

(1) The monthly rate of leave salary payable to a Judge while on leave on full salary shall be equal to the monthly rate of his salary.

(2) The monthly rate of leave salary payable to a Judge while on leave on half salary shall be equal to half the monthly rate of his salary.

(3) A Judge shall not be entitled to draw his leave salary otherwise than in Bangladesh currency unless, in the case of a Judge appointed before the commencement of this Ordinance, he was so entitled.

Section 8. Extraordinary leave

(1) Leave in excess of any leave admissible under the foregoing provisions of this Ordinance may be granted to a Judge for a period not exceeding six months and not more than once during the whole period of his service.

(2) No leave under sub section (1) shall be granted to a Judge so as to terminate with his retirement nor after he has tendered his resignation.

(3) No leave salary shall be payable to a Judge in respect of the period of leave granted under sub section (1).

Section 9. Special disability leave

Special disability leave may be granted to a Judge when he is disabled by injury intentionally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position and the provisions of Fundamental Rule 83 shall, so far as may be, apply to a Judge as they apply to a Government servant.

Section 10. Combining leave with vacation

A Judge may be permitted to combine vacation with leave of any kind if the leave is either at the commencement, or at the end, of the vacation but not at both:

Provided that no such permission shall be granted to a Judge if it becomes necessary thereby to appoint an Additional Judge.

Section 11. Consequences of overstaying leave or vacation

If a Judge overstays his leave or any vacation whether combined with leave or not, he shall receive no salary for the period of his absence in excess of the leave granted to him or beyond the end of the vacation, as the case may be:

Provided that, if such absence is due to circumstances beyond his control, the period thereof may be treated as leave admissible to him.

Section 12. Authority competent to grant leave, etc.

The authority to grant or refuse leave, or to revoke or curtail leave already granted, shall be the ⁷President.

Section 13. Conditions of admissibility of pension

A Judge shall, on his retirement, resignation or removal, be paid a pension in accordance with the provisions of this Ordinance if he has-

(a) completed not less than five years of service for pension and attained the retiring age; or

(b) completed not less than ten years of service for pension and, before attaining the retiring age, resigned; or

(c) completed not less than five years of service for pension and, before attaining the retiring age, either resigned, his resignation having been medically certified to be necessitated by ill health, or been removed for physical or mental incapacity:

Provided that for the purpose of clause (a) of Part I of the First Schedule, a deficiency of three months or less in the service for pension as Judge shall be deemed to have been condoned.

Section 14. Determination of pension of Judges covered by section 13

Subject to the provisions of this Ordinance, the pension payable to a Judge who is entitled to a pension under section 13 shall be calculated-

(a) in the case of a Judge who was not a member of a service in Bangladesh or who immediately before his appointment as Judge did not hold any other pensionable civil post in the service of the Republic, in accordance with the provisions of Part I of the First Schedule;

(b) in the case of a Judge who was a member of a civil service in Bangladesh or who immediately before his appointment as a Judge held any other pensionable civil post in the service of the Republic, in accordance with the provisions of Part II of the First Schedule unless he elects to receive pension under Part I of the said Schedule.

Section 15. Pension of Judges not covered by section 13

A Judge who, immediately before his appointment as such, was a member of a civil service in Bangladesh or was holding a pensionable post in the service of the Republic and who does not fulfil any of the conditions laid down in section 13, shall, ⁸on his ceasing to be a Judge, be entitled to-

(a) such pension as would have been admissible to him in his previous service or post, had he not been appointed a Judge, his service as Judge being treated, for the purpose of calculating his pension, as continuation in the service to which he belonged or the post he held immediately before his appointment as a Judge; and

(b) an extra pension at the rate of ⁹Taka ¹⁰two hundred and fifty per month for each completed year of service as Judge, subject to a maximum total pension of ¹¹Taka ¹²eight thousand and five hundred per month.

Section 16. Treatment of temporary appointments

For the purpose of pension under this Ordinance, the service as temporary Chief Justice of the Supreme Court, if followed by service as Chief Justice of the Supreme Court, shall be treated as service rendered as Chief Justice of the Supreme Court.

Section 17. Extraordinary pension

The Civil Service (Extraordinary Pension) Rules, shall apply to a Judge who may suffer injury or die as a result of violence as they apply to an officer in the service of the Republic subject to the modification that reference in those Rules to tables relating to injury/gratuities and pensions and family gratuities and pensions shall be construed as reference to the corresponding tables in the Second Schedule

Section 18. [Omitted.]

[Commutation of pension.- Omitted by section 3 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (V of 1984).]

Section 19. Authority competent to grant pension

The authority competent to grant any pension or gratuity to a Judge under this Ordinance shall be the ¹³President.

Section 20. Abeyance of pension

(1) The pension admissible to a Judge under this Ordinance shall be held in abeyance on his appointment to any other office and shall not be payable for the period he holds that office.

(2) Any pension admissible to a Judge for his having been in any service or post before his appointment as Judge shall be held in abeyance and shall not be payable, for the period he holds office as Judge.

Provision for dearness allowance

¹⁴21A. A Judge who retired before or after the 1st June, 1982, shall be entitled to dearness allowance per mensem at the rate as admissible to a Government servant.

Section 21. Gratuity and family pension

¹⁵(1) Notwithstanding anything contained in any other provision of this Ordinance, ¹⁶one half of the gross pension payable to a Judge of the class mentioned in section 14(a) shall be deemed to have been surrendered to Government and in lieu thereof, he, after his retirement or, his family in case of his death, shall be entitled to the following benefits:-

(a) on retirement or death before retirement after rendering pensionable service for 3 years or more but less than 5 years–a gratuity equal to 3 months' salary;

(b) on retirement after rendering pensionable service for 5 years or more-a gratuity at the following rates for each taka of pension surrendered-

(i) when the age at retirement is 40 years or more but less than 45 years- ¹⁷Taka ¹⁸260,

(ii) when the age at retirement is 45 years or more but less than 50 years- ¹⁹Taka ²⁰245,

(iii) when the age at retirement is 50 years or more- ²¹Taka ²²230

Plus

a monthly pension equal to ²³one-half of the gross pension;

(c) on death before retirement, after rendering pensionable service for 5 years or more-a gratuity at the rates at (b) above and family pension for ²⁴15 years from the date following the date of death at the rate of one-half of the gross pension which would have been admissible had the Judge retired on the date of his death;

(d) on death after but within ²⁵15 years of retirement (after rendering pensionable service for 5 years or more) family pension for the unexpired portion of ²⁶15 years of retirement at the rate of ²⁷one-half of the gross pension from the date following the date of death.

²⁸ * ²⁹(2) Subject to the provisions of sub-sections (4) and (5), if-

(a) a Judge, to whom section 14 (a) applies, after rendering pensionable service for 5 years or more, dies, before retirement or within 15 years after retirement; or

(b) a Judge, to whom section 14 (b) applies, dies at any time before retirement or within 15 years after retirement,

the spouse of the Judge, till death or remarriage, whichever occurs first, and a retarded child or children of the Judge, if any, till his or her or their death, shall be entitled to family pension at the following rate, namely:-

(c) in the case of death of the Judge before retirement, one-half of the gross pension which would have been admissible had the Judge retired on the date of his death; or

(d) in the case of death of the Judge after but within 15 years of his retirement, one-half of the gross pension admissible to him on the date he actually retired.

(3) Any Judge may, after retirement, opt to surrender the whole of his gross pension at a time and, on such option, he shall be entitled to-

(a) for the first one-half of the gross pension surrendered, the benefits mentioned in clause (b) of sub-section (1); and

(b) for the remaining one-half of the gross pension surrendered, fifty per cent of the benefits mentioned in clause (b) of sub-section (1):

Provided that, if the Judge surrenders the whole of the gross pension at a time, he and, in the event of his death, his family, shall not be entitled to the benefit of the monthly pension mentioned in the said clause (b).

(4) A Judge may, at any time before or after retirement nominate any one or more members of his family to receive the family pension either wholly or in such proportion as the Judge may specify.

(5) In the absence of any nomination under sub-section (4), the proportion of the family pension receivable by the members of the family, if there are more members than one, shall be determined by the Chief Justice.

Explanation.- In this section-

(a) “family” means the spouse, and also the legitimate children of the Judge solely dependent upon him;

(b) “gross pension” means full pension admissible to a Judge before any portion thereof is surrendered or commuted; and

(c) “retarded child” means a son or daughter of any age in respect of whom a certificate has been issued by a registered medical practitioner to the effect that because of physical or mental infirmity the child is incapable of earning livelihood for himself or herself or for members of his or her family and the certificate is countersigned by an officer of the Supreme Court authorised in this behalf by the Chief Justice.

Section 22. Option for existing benefits

No provision of this part shall apply to a Judge, who, immediately before the commencement of this Ordinance, was holding office as such and who, within a period of three months from such commencement, exercises in writing communicated to the Accountant General, Bangladesh, his option to be governed by the provisions relating to pensions and gratuities applicable to him immediately before such commencement.

Section 23. Subsidiary conditions of service

Subject to the provisions of this Ordinance and such other provisions as the ³⁰President may make in this behalf, the other privileges and rights of a Judge ³¹or a person entitled to any benefit under this Ordinance shall be determined by the rules or other similar instrument for the time being applicable to an officer appointed by the ³²President and holding the rank of Secretary to the Government:

Provided that nothing in this section shall have effect so as to give to a Judge who is a member of a civil service less favourable terms in respect of his conditions of service than those to which he would have been entitled as member of such service if he had not been appointed as a Judge, his service as Judge being treated as service for the purpose of determining those privileges and rights.

Section 24. Repeal

The High Court Judges (Leave, Pension and Privileges) Order, 1970 (P. O. No. 9 of 1970), and the Supreme Court Judges (Leave, Pension and Privileges) Order, 1968 (P.O. No. 1 of 1968), are hereby repealed.

Footnotes

1.The word “President” was substituted for the words “Chief Martial Law Administrator” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

2.Clause (b) was omitted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

3.The word “President” was substituted for the words “Chief Martial Law Administrator” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

4.Clause (d) was substituted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

5.The comma and words “, an Acting Chief Justice” were omitted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

6.The word “In” was substituted for the word “in” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

7.The word “President” was substituted for the words “Chief Martial Law Administrator” by section 3 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

8.The words “on his ceasing to be a Judge” were substituted for the words “on retirement” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 1993 (Act No. XXIII of 1993)

9.The words “Taka one hundred eleven” were substituted for the words “Taka fifty” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1985 (Ordinance No. XLVI of 1985)

10.The words “two hundred and fifty” were substituted for the words “one hundred thirty nine” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 1993 (Act No. XXIII of 1993)

11.The words “Taka four thousand” were substituted for the words “Taka one thousand eight hundred” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1985 (Ordinance No. XLVI of 1985)

12.The words “eight thousand and five hundred” were substituted for the words “five thousand” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 1993 (Act No. XXIII of 1993)

13.The word “President” was substituted for the words “Chief Martial Law Administrator” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

14.Section 21A was inserted by section 5 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)

15.The previous provision was re-numbered as sub-section (1) by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)

16.The word “one-half” were substituted for the word “one-fourth” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984

17.The word and figure “Taka 210 ” were substituted for the letters and figure “Tk. 192” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)

18.The figure “260” was substituted for the figure “230” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2016 (Act No. XLI of 2016) (With effect from 1st December, 2013)

19.The word and figure “Taka 195 ” were substituted for the letters and figure “Tk. 178” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)

20.The figure “245” was substituted for the figure “215” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2016 (Act No. XLI of 2016) (With effect from 1st December, 2013)

21.The word and figure “Taka 180 ” were substituted for the letters and figure “Tk. 165” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)

22.The figure “230” was substituted for the figure “200” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2016 (Act No. XLI of 2016) (With effect from 1st December, 2013)

23.The words “one-half” were substituted for the words “three-fourth” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)

24.The figure and word “15 years ” were substituted for the figure and word “15 years” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)

25.The figure and word “15 years ” were substituted for the figure and word “10 years” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)

26.The figure and word “15 years ” were substituted for the figure and word “10 years” by section 4 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Ordinance, 1984 (Ordinance No. V of 1984)

27.The words “one half of the gross pension” were substituted for the words, brackets and comma “one-half of the reduced pension (i. e., one-half of the pension remaining after surrender of one half of the gross pension) ” by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)

28.The Explanation was omitted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)

29.The sub-sections 2, 3, 4, 5 and the explanation were inserted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)

30.The word “President” was substituted for the words “Chief Martial Law Administrator” by section 5 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)

31.The words “or a person entitled to any benefit under this Ordinance shall be determined by the rules or other similar instruments” were substituted for the words“shall be determined by the rules” by section 3 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)

32.The word “President” was substituted for the words “Chief Martial Law Administrator” by section 5 of the Supreme Court Judges (Leave, Pension and Privileges) (Second Amendment) Ordinance, 1984 (Ordinance No. LIV of 1984)