Jadual Kelima kepada Akta ibu dipinda seperti yang berikut:
(a)
dalam perenggan 5, dengan menggantikan perkataan “15 dan 15A”
dengan perkataan “15, 15A dan 15B”; dan
(b)
dengan memasukkan selepas perenggan 5 perenggan yang berikut:
“6.
GANJARAN:
(1)
Ganjaran
(2)
Tarikh mula berkuat kuasa
Seseorang Pesuruhjaya Kehakiman yang telah tamat tempoh pelantikannya dan tidak dilantik sebagai
Hakim layak menerima ganjaran seperti yang berikut:
(a)
seseorang Pesuruhjaya Kehakiman yang tidak mencarum kepada Kumpulan Wang Simpanan
Pekerja akan dibayar ganjaran berdasarkan 1-9-2010”
9
perkiraan seperti yang berikut:
17.5% x gaji akhir x jumlah genap bulan perkhidmatan, seperti yang diberikan kepada pegawai dalam perkhidmatan awam sebagaimana yang dipinda dari semasa ke semasa; dan
(b)
seseorang
Pesuruhjaya
Kehakiman yang mencarum kepada Kumpulan Wang Simpanan
Pekerja akan dibayar ganjaran berdasarkan perkiraan seperti yang berikut:
(17.5% – peratus kadar caruman majikan dalam Kumpulan Wang Simpanan Pekerja berdasarkan undang-undang yang berkuat kuasa) x (gaji akhir x jumlah genap bulan perkhidmatan) – (jumlah faedah ke atas caruman majikan dalam Kumpulan Wang
Simpanan Pekerja), seperti yang diberikan kepada pegawai dalam perkhidmatan awam sebagaimana yang dipinda dari semasa ke semasa.
Dibuat 18 April 2012
[SPK.(R)605/3/1; PN(PU2)91/IV]
Dengan Titah Perintah
DATO’ SRI MOHD NAJIB BIN TUN HAJI ABDUL RAZAK
Perdana Menteri
10
JUDGES’ REMUNERATION ACT 1971
JUDGES’ REMUNERATION (AMENDMENT OF SECOND AND FIFTH SCHEDULES)
REGULATIONS 2012
IN exercise of the powers conferred by section 19 of the Judges’ Remuneration Act 1971
[Act 45], the Yang di-Pertuan Agong, after consultation with the Chief Justice, makes the following regulations:
Citation and commencement 1.
(1)
These regulations may be cited as the Judges’ Remuneration
(Amendment of Second and Fifth Schedules) Regulations 2012.
(2)
Paragraphs 2(a), 2(c) and 2(d) are deemed to have come into operation on 1 January 2012.
(3)
Paragraph 2(b) is deemed to have come into operation on 13 January 2011.
(4)
Paragraph 2(e) is deemed to have come into operation on 23 January 2009.
(5)
Paragraph 2(f) is deemed to have come into operation on 1 May 2010.
(6)
Paragraph 3(b) is deemed to have come into operation on 1 September 2010.
Amendment of the Second Schedule 2.
The Second Schedule to the Judges’ Remuneration Act 1971, which is referred to as the “principal Act” in these Regulations, is amended as follows:
(a)
in paragraph 1, by substituting for the words ‘The privilege and allowance in this paragraph shall be accorded or paid notwithstanding that the
11
Judge has been granted a loan under the housing loans scheme referred to in paragraph 14.
In this paragraph, “free fully furnished institutional quarters” means housing accommodation provided free or rent by the Government and furnished in accordance with the guidelines of the Government for the furnishing of such accommodation.’ the following subparagraphs:
‘(A)
The privilege and allowance in this paragraph shall be accorded or paid notwithstanding that the Judge has been granted a loan under the housing loans scheme referred to in paragraph 14.
(B)
In this paragraph, “free fully furnished institutional quarters”
means housing accommodation as prescribed by the Chief Justice provided free of rent by the Government and furnished in accordance with the guidelines of the Government for the furnishing of such accommodation.
(C)
Judges who do not live in free fully furnished institutional quarters are not eligible for special housing payment .’;
(b)
in paragraph 5
(i)
by numbering the existing provision as subparagraph (a); and
(ii)
by inserting after subparagraph (a) the following subparagraph:
(1)
Provision for a car, etc., for a Judge
(2)
Effective Date
“(b)
The Government car of a Judge shall be 13-1-2011”;
12
equipped with a “Touch N Go” card and
“Smart Tag” or any device that has the same function according to the rates and conditions as accorded to a Staff III officer in the public service as revised from time to time;
(c)
in paragraph 10
(i)
in subparagraph (c), by substituting for the words “overseas or in a country with temperate climate” the words “in a country with temperate or cold climate”; and
(ii)
by inserting after subparagraph (d) the following subparagraph:
(1)
Allowances for a Judge
(2)
Effective Date
“(e)
The spouse of a Judge shall be eligible to receive clothing allowance to attend ceremonies for conferment of decorations, either at the Federal or
State level, as accorded to an officer in the public service as revised from time to time;
1-1-2012”;
(d)
in paragraph 14
(i)
by numbering the existing provision as subparagraph (a); and
(ii)
by inserting after subparagraph (a) the following subparagraphs:
13
(1)
Loan scheme for a Judge
(2)
Effective Date
“(b)
A Judge who is appointed from the
Judicial and Legal Service who has obtained a housing loan from the
Government while serving at any grade is eligible to obtain loan facility as a Judge at the maximum loan amount and shall be considered as a new loan.
(c) A Judge is eligible to apply for a second loan during the tenure of his service, subject to the conditions as prescribed in the Treasury Circular, as accorded to an officer in the public service as revised from time to time;
1-1-2012”;
(e)
by inserting after paragraph 15A the following paragraph:
“15B. FACILITIES FOR PURCHASING OF MOBILE COMMUNICATION
DEVICES:
(1)
Facilities for purchacing of mobile communication device for a Judge
(2)
Effective Date
A Judge shall be reimbursed for the payment made by him to purchase mobile phones according to the rates and conditions as prescribed in the Treasury 23-1-2009”;
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Circular as accorded to a Staff III officer as revised from time to time;
(f)
in paragraph 16
(i)
by subtituting for subparagraph (aa) the following subparagraph:
(1)
Paid passage for overseas for Judge and certain dependants
(2)
Effective Date
“(aa) Once in every period of five years of his service, a Judge, other than the
Chief Justice, may use this facility at any time during the entitlement period.
1-5-2010”;
(ii)
by inserting after paragraph (ad) the following subparagraphs:
(1)
Paid passage for overseas travel for Judge and certain dependants
(2)
Effective Date
“(ae) A judge may choose whether to use the passage paid for overseas travel in the form of flight tickets or cash according to the rates and conditions prescribed in the Service Circular as accorded to a
Staff III officer in the public service as revised from time to time.
1-5-2010”;
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(af) If a Judge does not make the choice to use the passage paid for overseas travel in the form of flight tickets or cash, the Judge shall be given the facility in the form of cash automatically upon completion of 5
years entitlement period, or 1 year in the case of the Chief Justice, or any other conditions prescribed in Service the Circular as accorded to a Staff III officer in the public service as revised from time to time.
Amendment of the Fifth Schedule 3.
The Fifth Schedule to the principal Act is amended as follows:
(a)
in paragraph 5, by substituting for the words “15 and 15A” the words “15,
15A and 15B”; and
(b)
by inserting after paragraph 5 the following paragraph:
“6.
GRATUITY:
(1)
Gratuity
(2)
Effective Date
A Judicial Commissioner who has reached the end of his appointment and has not been appointed as a
Judge is entitled to a gratuity as follows:
(a)
a Judicial Commissioner who does not contribute to the Employees Provident Fund 1-9-2010”
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shall be paid gratuity based on the following computation:
17.5% x last drawn salary x total number of completed months of service, as accorded to an officer in the public service as revised from time to time; and
(b)
a Judicial Commissioner who contributes to the Employees Provident Fund shall be paid gratuity based on the following computation:
(17.5% – percentage rate of employer’s contribution to the Employees Provident
Fund based on prevailing laws in effect) x
(last drawn salary x total number of completed months of service) – (total interest paid on the employer’s contribution to the Employees Provident Fund), as accorded to an officer in the public service as revised from time to time.
Made 18 April 2012
[SPK.(R)605/3/1; PN(PU2)91/IV]
By Command
DATO’ SRI MOHD NAJIB BIN TUN HAJI ABDUL RAZAK
Prime Minister