- جموں و کشمیر
- Jammu and Kashmir
With the establishment of Jammu and Kashmir Judicial Academy, Government vide Order No. 01-LD(A) of 2008 dated 01-01-2008 on the recommendation of Hon’ble High Court accord sanctions to the Rules called as “The Jammu and Kashmir State Judicial Academy Rules, 2008” and have come into force from the date of their issuance.
Government of Jammu and Kashmir
Department of Law, Justice and Parliamentary Affairs
(Judicial Administration Section) Civil Secretariat
Srinagar/Jammu
Subject: Amendment in the Jammu and Kashmir Judicial Academy Rules, 2007.
Reference: - General Administration Department’s U.O No. GAD-ADM/182/2021-09-GAD Dated : 16.07.2021
Government Order No. 4018 –JK(LD) of 2021 Dated: 23-07-2021
In partial modification of Government Order No. 01-LD(A) of 2008 dated 01-01-2008, the Government on the recommendations of the Hon’ble High Court of Jammu & Kashmir and Ladakh, hereby accords sanction to the following amendments in the Jammu and Kashmir Judicial Academy Rules, 2007.
1. Short title and commencement: -
(l) These rules may be called the Jammu and Kashmir Judicial Academy (Amendment) Rules, 2021.
(2) They shall come into force from the date of their publication.
2. Amendment of rule 1.-In rule 1, in clause (2).-
(i) for the word “issuance”, the word “publication” shall be substituted; and
(ii) the words “except rule 7 which shall come into force after creation of the post of Deputy Director” shall be omitted.
3. Amendment of rule 2.-In rule 2:-
(i) in clauses (a), (c) and (d) the word “State” shall be omitted; and
(ii) in clause (c) for the words “Chief Patron”, the words “Patron-in-Chief” shall be substituted.
4. Amendment of rule 3.- In rule 3:-
(i) in clause (1) for the words “Chief Patron”, the words “Patron-in-Chief” shall be substituted;
(ii) in clause (2):-
a) for the word ‘He’ the words “The Chief Justice” shall be substituted;
b) for the words “sitting Judge of the High Court as Judge-in-Charge of the
Academy” the words “Governing Committee of the Academy, comprising Judges of the High Court” shall be substituted; and
(iii) in clause (3):-
a) for the words “Judge-in-Charge” the words “Governing Committee of the Academy” shall be substituted; and
b) the words “however, for financial implications if any, it shall require prior sanction of the Government” shall be omitted.
5. Amendment of rule 4.- In rule 4 the words “by the said Court” shall be omitted.
6. Amendment of rule 5.- In rule 5 for the words “sanctioned by the Government in consultation with the Chief Justice, for efficient discharge of its function” the words “required from time to time shall be substituted.
7. Amendment of rule 6.- In rule 6:-
(i) clauses (2), (3), (6) and proviso shall be omitted
(ii) clauses (4) and (5) shall be re-numbered as (2) and (3) respectively.
(iii) the symbol “,” shall be added after words “ District Judge” in renumbered clauses (2) and (3)
8. Amendment of rule 7.- In rule 7:-
(i) the words and symbols “Additional Director, Joint Director,” shall be inserted before
the words “Deputy Director”, wherever appearing in the rule;
(ii) in clause (1) the alphabet “a” shall be omitted;
(iii) in clause (2) for the words “employees of the High Court”, the words “members of
the Judicial Service in Jammu & Kashmir” shall be substituted;
(iv) clause (3) shall be substituted by the following:
“Other employees of the Judicial Academy shall be governed by the rules and service
conditions applicable to the employees of the High Court.” and
(v) clauses (4) and (5) shall be omitted.
9. Amendment of rule 8.- Rule 8 shall be substituted as under: -
“Appointment of other officers and employees to any posts sanctioned on the establishment of the Academy shall be made in
accordance with the Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968, as amended from time to time:
Provided that the existing posts and staff of the Academy shall merge with the staff of the High Court in the corresponding cadre and the
seniority of the existing staff of the Academy shall be determined in the services of the High Court from the date of their appointment in the Academy:
Provided further that with prior approval of the Patron-in-Chief, any officer or employee from subordinate services may also be brought
on deputation to the Judicial Academy for a period of two years, extendable to three years.”
10. Amendment of rule 9.- Rule 9 shall be substituted as under:-
“The Budget of the Academy shall be included in the Annual Budget estimate of the High Court.”
11. Amendment of rule 10.- In rule 10 from the words ‘Chief Patron’ the words Patron-in-Chief” shall be substituted.
This issues with concurrence of Finance Department conveyed vide U.O. No. A/24(2021) – 110 dated 24-07-2021.
By order of the Government of Jammu and Kashmir.
Sd/-
(Achal Sethi)
Secretary to Government
Government of Jammu and Kashmir
Civil Secretariat Law Department
Subject: Formulation of rules for the Jammu and Kashmir Judicial Academy.
Government Order No: 01-LD(A)of 2008
Dated: 01.01.2008
Whereas in 'All India Judges Association V/S Union of India' AIR 1992 SC 164, the Hon'ble Supreme Court of India directed for establishing State Level Institute in all the States for imparting training to the Judicial Officers; and
Whereas, in view of the directions of the Apex Court, the High Court of Jammu and Kashmir has established State Level Judicial Academy.
Now therefore the Government on the recommendations of Hon'ble High Court accords sanction to the following rules, namely;
Short title and commencement: - (l) These rules may be called the Jammu and Kashmir Judicial Academy Rules, 2007.
(2) They shall come into force from the date of their issuance except rule 7 which shall come into force after creation of the post of Deputy Director.
2. Definitions:- In these rules, unless the context otherwise requires:-
(a) “Academy” means the Jammu and Kashmir State Judicial Academy
(b) "Chief Justice" means the Chief Justice of the High Court of Jammu and Kashmir.
(c) "Chief-Patron" means the Chief Patron of Jammu and Kashmir Judicial Academy.
(d) "Director" means the Director of Jammu and Kashmir State Judicial Academy.
(e) “High Court” means the High Court of Jammu and Kashmir.
3. Establishment: - (l) The Chief Justice shall be the Chief Patron of the Academy.
(2) He shall nominate a sitting Judge of the High Court as Judge-in-Charge of the Academy.
(3) The faculty of the Academy shall be such as may be decided by the Judge-in-Charge with the approval of the Chief Justice. However, for financial implications, if any, it shall require prior sanction of the Government.
Functioning: - The Academy shall function under the supervision and control of the High Court and shall follow the directions and guidelines as may be issued by the said Court from time to time.
Administration: - The other Officers and employees of the Academy shall be such as may be sanctioned by the Government in consultation with the Chief Justice, for efficient discharge of its function.
6. Qualificationand Service conditions of Director (l) The Director of the Academy may be: -
(a) a serving or retired District Judge or,
(b) a person who is qualified to be a District Judge.
(2) The Director (if a serving District Judge) shall be entitled to draw pay and all other allowance and facilities as may be admissible in his parent cadre.
(3) The Director (if a serving District Judge) may at any time be repatriated to his parent cadre.
(4) In case of re-employment of a retired District Judge the relevant rules/Orders in vogue shall apply.
(5) In case of a person who is qualified to be a District Judge his service as Director shall be engaged on contract terms.
(6) The Director shall hold the Office for a term of two years and shall be eligible for re-appointment for further terms till he attains the age of his superannuation.
Provided that the Judge-in-Charge may in exceptional circumstances in consultation with the Chief Patron and with the prior approval of the Government re-employ a Director up to the age of 62 years.
7. Qualification and service conditions of Deputy Director and other employees: -
(l) The Academy shall have a Deputy Director and such other employees as may be sanctioned by the Government from time to time.
(2) The Deputy Director of the Academy shall be appointed from amongst the employees of the High Court.
(3) The Deputy Director shall hold the Office for a term of three years and shall be eligible for re-appointment for one or more terms or till he attains the age of superannuation. Provided that he may at any time be repatriated to his parent cadre.
(4) The Deputy Director and other employees shall be entitled to Salary against the sanctioned posts.
(5) The Judge-in-Charge may at any time and without assigning reason repatriate any of the Officers or employees of the Academy appointed on deputation basis to his parent cadre.
8. Mode of appointment to the Academy: -
(1) Appointment of other Officers and employees to any post on the establishment of the Academy shall be made:-
either by direct recruitment; or by deputation.
(2) Appointment by deputation shall be made by transfer of suitable persons working in the High Court or Subordinate Courts.
(3) The Director may, in emergent cases, make appointment of Officers or Officials on contractual basis against any vacant post in the Academy for period not exceeding on year.
Provided that all such contractual appointments shall be subject to regular appointments made under these rules.
Finance: - (1) The Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Academy by way of grants, such sum of money as it may deem necessary for achieving the object of the Academy.
(2) The Budget of the Academy may be included in the annual budget estimate of the High Court until a separate Provision is made by the Government.
Regulation of business: - The Chief Patron may, from time to time, issue orders, directions, instructions and guidelines to regulate the working and business of the Academy.
Repeal and saving: - (1) The orders corresponding to the provisions of these rules shall, in of far they are inconsistent with any provision of these rules, stand repealed. Notwithstanding such repeal anything done or any action taken under the orders, so repealed, shall be Deemed to have been done or taken under the Corresponding Provisions of these rules.
Sd/-
(A.H. Kochak)
Commr./Secretary to Government, Law Department
