Judges’ Remuneration Act 1994

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for the remuneration of the Supreme Court Judges.

[39/2019]

[1 September 1994]

Short title

1. This Act is the Judges’ Remuneration Act 1994.

Interpretation

1A. In this Act, unless the context otherwise requires —

“annual pensionable salary”, in relation to a holder of any judicial office, means the emoluments of the holder, the whole or any part of which count —

(a)	for a pension in accordance with the Pensions Act 1956 if the holder is appointed to any judicial office before 1 January 2015; or
(b)	for a gratuity in accordance with this Act if the holder is first appointed to any judicial office on or after 1 January 2015;

“judicial office” means the office of the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court.

[38/2014; 39/2019]

Remuneration of Judges

2.—(1) There must be paid to the Chief Justice, every Justice of the Court of Appeal, every Judge of the Appellate Division and every Judge of the High Court such annual pensionable salaries as the Minister may, from time to time by order in the Gazette, determine.

[39/2019]

(2) A Supreme Court Judge has to receive, in addition to his or her salary, such pensionable and non-pensionable allowances and privileges as the Minister may determine, which must not be less than such pensionable and non-pensionable allowances and privileges as a public officer receiving the same pensionable salary would receive.

[39/2019]

(3) Any salary or allowance payable to a Supreme Court Judge under this section —

(a)	commences from the date of appointment, but subject to the fulfilment of any condition on which the allowance is payable;
(b)	accrues from day to day; and
(c)	is payable monthly on the last day of each month or on such other day in each month as the Minister for Finance may from time to time determine. [39/2019]

(4) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.

Saving

3. Section 2(2)(b) of the repealed Judges’ Remuneration Act (Cap. 147, 1985 Revised Edition) continues to apply to a Judge of the Supreme Court appointed before 1 September 1994.

Gratuity upon retirement or death while holding judicial office

4.—(1) An individual —

(a)	who holds a judicial office; and
(b)	who retires from that office on attaining 65 years of age or in such other circumstances as may be prescribed,

may, on retirement, be granted by the President, in respect of each complete month of the individual’s reckonable service which is unbroken, a gratuity determined in accordance with a rate prescribed in regulations subject to such limit as may be prescribed in those regulations.

[38/2014]

(2) Where at any time after 1 January 2015, an individual dies while holding any judicial office, there may be paid to such of the deceased’s dependants as the President may think fit or, if there are no dependants, to the legal personal representatives of the deceased, a death gratuity determined in accordance with regulations.

[38/2014]

(3) It is lawful for the President to make regulations for the granting of gratuities to individuals who have held judicial office or to their legal personal representatives or dependants, and for such other matters as may be necessary or expedient to give effect to this section.

[38/2014]

(4) A gratuity granted under this section —

(a)

is not assignable or transferable, except for the purpose of satisfying —

(i)	a debt due to the Government; or
(ii)	an order of any court for the payment of periodical sums of money towards the maintenance of the spouse or former spouse or minor child, whether legitimate or not, of the individual to whom the gratuity has been granted; and

(b)

is not liable to be attached, sequestered or levied upon for or in respect of any debt or claim except a debt due to the Government.

[38/2014]

(5) To avoid doubt, no holder of a judicial office has an absolute right to compensation for past services or to any gratuity under this section.

[38/2014]

(6) There is charged on and paid out of the Consolidated Fund all sums of money as may from time to time be granted by way of gratuity or death gratuity in accordance with this Act.

[38/2014]

(7) In this section, “reckonable service” means —

(a)	service in one or more judicial offices;
(b)	service as a Judicial Commissioner if, and only if, it immediately precedes appointment to a judicial office without any break; or
(c)	such other service in the Government (except as a Senior Judge or an International Judge) that regulations under this section prescribe to be reckonable for the purposes of a gratuity or death gratuity under this section, if, and only if, that other service immediately precedes appointment to a judicial office without any break. [38/2014; 39/2019]

(8) This section applies only to an individual who is first appointed to any judicial office on or after 1 January 2015.

[38/2014]

LEGISLATIVE HISTORY

Judges’ Remuneration Act 1994

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.

Pictorial Overview of Predecessor Acts

Legislative History Details

PART 1
JUDGES’ REMUNERATION ACT
(CHAPTER 147, 1985 REVISED EDITION)

M. Act 36 of 1963—Judges’ Remuneration Act, 1963

Commencement

16 September 1963

Act 20 of 1969—Judges’ Remuneration (Amendment) Act, 1969

Bill

15/1969

First Reading

15 October 1969

Second and Third Readings

23 December 1969

Commencement

1 January 1969

1970 Revised Edition—Judges’ Remuneration Act (Chapter 7)

Operation

1 March 1971

Act 25 of 1973—Judges’ Remuneration (Amendment) Act, 1973

Bill

37/1973

First Reading

11 July 1973

Second and Third Readings

26 July 1973

Commencement

1 March 1973

Act 1 of 1979—Judges’ Remuneration (Amendment) Act, 1979

Bill

3/1979

First Reading

10 January 1979

Second and Third Readings

5 March 1979

Commencement

1 November 1977

Act 1 of 1981—Judges’ Remuneration (Amendment) Act, 1981

Bill

4/1981

First Reading

6 March 1981

Second and Third Readings

17 March 1981

Commencement

1 April 1981

Act 14 of 1982—Judges’ Remuneration (Amendment) Act, 1982

Bill

8/1982

First Reading

27 July 1982

Second and Third Readings

31 August 1982

Commencement

1 April 1982

1985 Revised Edition—Judges’ Remuneration Act (Chapter 147)

Operation

30 March 1987

Act 27 of 1989—Judges’ Remuneration (Amendment) Act 1989

Bill

28/1989

First Reading

29 May 1989

Second and Third Readings

11 July 1989

Commencement

1 April 1989

PART 2
JUDGES’ REMUNERATION Act 1994
(2020 REVISED EDITION)

10.

Act 7 of 1994—Judges’ Remuneration Act 1994

Bill

9/1994

First Reading

23 May 1994

Second and Third Readings

25 July 1994

Commencement

1 September 1994

11.

1995 Revised Edition—Judges’ Remuneration Act (Chapter 147)

Operation

15 March 1995

12.

Act 38 of 2014—Judges’ Remuneration (Amendment) Act 2014

Bill

31/2014

First Reading

7 October 2014

Second and Third Readings

4 November 2014

Commencement

1 January 2015

13.

Act 39 of 2019—Judges’ Remuneration (Amendment) Act 2019

Bill

31/2019

First Reading

7 October 2019

Second and Third Readings

5 November 2019

Commencement

2 January 2021

14.

2020 Revised Edition—Judges’ Remuneration Act 1994

Operation

31 December 2021

Abbreviations

(updated on 29 August 2022)

G.N.

Gazette Notification

G.N. Sp.

Gazette Notification (Special Supplement)

L.A.

Legislative Assembly

L.N.

Legal Notification (Federal/Malaysian)

Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)

Parl.

Parliament

Subsidiary Legislation

S.I.

Statutory Instrument (United Kingdom)

S (N.S.)

Subsidiary Legislation (New Series)

S.S.G.G.

Straits Settlements Government Gazette

S.S.G.G. (E)

Straits Settlements Government Gazette (Extraordinary)