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

( Ordinance NO. XX OF 1982 )

[ 26th July, 1982 ]

Part III

PENSION

Gratuity and family pension
21. 1[(1)] Notwithstanding anything contained in any other provision of this Ordinance, 2[one 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- 3[Taka 4[260]],
 
 
 
 
(ii) when the age at retirement is 45 years or more but less than 50 years- 5[Taka 6[245]],
 
 
(iii) when the age at retirement is 50 years or more- 7[Taka 8[230]]
 
 
Plus
 
 
a monthly pension equal to 9[one-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 10[15 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 11[15 years] of retirement (after rendering pensionable service for 5 years or more) family pension for the unexpired portion of 12[15 years] of retirement at the rate of 13[one-half of the gross pension] from the date following the date of death.
 
 
 
 
14[* * *]
 
 
15[(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.]
  • 1
    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)
  • 2
    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
  • 3
    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)
  • 4
    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)
  • 5
    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)
  • 6
    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)
  • 7
    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)
  • 8
    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)
  • 9
    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)
  • 10
    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)
  • 11
    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)
  • 12
    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)
  • 13
    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)
  • 14
    The Explanation was omitted by section 2 of the Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Act, 2001 (Act No. VII of 2001)
  • 15
    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)
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