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Assam Judicial Service Rules, 2003
Assam Judicial Service Rules, 2003
Sections
4. Cadre.
Section 45. Recruitment.
Section 56. Appointing Authority.
Section 67. Method Of Recruitment, Qualification, Reservation And Age Limit.
Section 71. Must be holder of degree in law of a recognized University.
Section 12. Must be practising as an Advocate in Courts of Civil and Criminal jurisdiction on the last date fixed for receipt of applications and must have so practising for a period of not less than seven years as on such date.
Section 23. Must have attained the age of thirty-five years and must not have attained the age of forty-five years in the case of candidates belonging to Scheduled Tribes and forty five years in the case of others, as on the last date fixed for receipt of applications.
Section 34. Must have been in the cadre of Grade-II for a period of not less than 5 years.
Section 48. Reservation.
Section 89. Disqualification For Appointment.
Section 910. Recruitment.
Section 1011. Conditions Relating to Suitability, Fitness and Character.
Section 1112. Fees.
Section 1213. Joining Time For Appointment.
Section 1314. Training.
Section 1415. Probation and Officiation.
Section 1516. Pay.
Section 1617. Seniority.
Section 1718. Promotion.
Section 1819. Retirement.
Section 1920. Retirement in Public Interest.
Section 2021. Re-Employment After Retirement.
Section 2122. Addition of Certain Service for the Purpose Of Pension.
Section 2223. Residuary Provision.
Section 2324. A Conduct.
Section 2425. Leave, Pension, Etc.
Section 2526. Repeal and Savings.
Section 263. General Instructions.
Section 31. Special Pay.
Section 12. Charge Allowance.
Section 23. Time Scale Pay.
Section 31. General Criteria For Promotion:
Section 12. Promotion.
Section 2
assam-judicial-service-rules-2003-2003.json
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33 Sections
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Assam
{
"id": 15074,
"slug": "assam-judicial-service-rules-2003-2003",
"title": "Assam Judicial Service Rules, 2003",
"short_title": "Assam Judicial Service Rules, 2003",
"act_number": "Published vide Notification No. JDJ(E) 110/80/137,",
"act_year": 2003,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "Assam Judicial Service Rules, 2003",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "4",
"title": "4. Cadre.",
"chapter": null,
"content": "",
"footnote": "",
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"sort_order": 0
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{
"number": "5",
"title": "5. Recruitment.",
"chapter": null,
"content": "",
"footnote": "",
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"number": "6",
"title": "6. Appointing Authority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
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{
"number": "7",
"title": "7. Method Of Recruitment, Qualification, Reservation And Age Limit.",
"chapter": null,
"content": "SI.No.\nSI.No.\nCadre\nCadre\nMethod of Recruitment\nMethod of Recruitment\nQualification age limit etc.\nQualification age limit etc.\n1\n1\n2\n2\n3\n3\n4\n4\n1.\nGrade-I\n(i) Not exceeding or\n\t\t\t\t25%of the posts in the cadre may be filled by direct recruitment\n\t\t\t\tthe basis of aggregate marks / grade Secured in a competitive\n\t\t\t\texamination conducted by the High Court, as specified in Schedule\n\t\t\t\tB of the Rules.\n(ii) 50% of the posts\n\t\t\t\tin the cadre shall be filled by promotion from the cadre of Grade\n\t\t\t\tII of the service on the basis of merit cum seniority by the High\n\t\t\t\tCourt, following the criteria in Schedule-E.\n(iii) Remaining 25% of the cadre of the service\n\t\t\t\tshall be filled up by promotion strictly on the basis of merit\n\t\t\t\tthrough limited departmental competitive examination as conducted\n\t\t\t\tby the High Court in schedule B of the specified Rules.\nBy direct\n\t\t\t\trecruitment.",
"footnote": "",
"is_definition": false,
"sort_order": 3
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{
"number": "1",
"title": "1. Must be holder of\n\t\t\t\tdegree in law of a recognized University.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
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{
"number": "2",
"title": "2. Must be practising\n\t\t\t\tas an Advocate in Courts of Civil and Criminal jurisdiction on\n\t\t\t\tthe last date fixed for receipt of applications and must have so\n\t\t\t\tpractising for a period of not less than seven years as on such\n\t\t\t\tdate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
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{
"number": "3",
"title": "3. Must have attained\n\t\t\t\tthe age of thirty-five years and must not have attained the age\n\t\t\t\tof forty-five years in the case of candidates belonging to\n\t\t\t\tScheduled Tribes and forty five years in the case of others, as\n\t\t\t\ton the last date fixed for receipt of applications.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "4",
"title": "4. Must have been in the cadre of Grade-II for a\n\t\t\t\tperiod of not less than 5 years.",
"chapter": null,
"content": "2.\nGrade-II\nBy promotion from the cadre of Grade-III\n\t\t\t\tselected by the High Court on the basis of Criteria indicated in\n\t\t\t\tSchedule E.\nMust have been in the cadre of Grade-III for a\n\t\t\t\tperiod not less than five years.\n3\nGrade-III\n[By direct recruitment on the basis of aggregate\n\t\t\t\tmarks obtained in a competitive examination conducted by the High\n\t\t\t\tCourt as indicated in Schedule B of the Rules.]\n(1) Must be holder of\n\t\t\t\ta III degree in law granted by a recognized University\n\t\t\t\testablished by law in India.\n(2) Must not have\n\t\t\t\tattained the age of 35 years.\n(3) Must not have completed, as on the last date\n\t\t\t\tfixed for receipt of applications 38 years of age in the case of\n\t\t\t\tcandidates belonging to Scheduled Castes or Scheduled Tribes and\n\t\t\t\t35 years of age in the case of others.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "8",
"title": "8. Reservation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "9",
"title": "9. Disqualification For Appointment.",
"chapter": null,
"content": "(a) Unless he is citizen of India;\n(b) If he is dismissed from service by any High Court, Government or statutory or local authority;\n(c) If he has been convicted of an offence involving moral turpitude or who is or has been permanently debarred or disqualified by the High Court or the Union Public Service Commission or any State Public Service Commission or any State Public Service Commission from appearing for examination or selections conducted by it,\n(d) If he directly or indirectly influences the recruiting authority by any means for his candidature;\n(e) If he is a man, has more than one wife living and if a woman, has married a man already having another wife.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "10",
"title": "10. Recruitment.",
"chapter": null,
"content": "(ii) The decision of the recruiting authority as to the eligibility or otherwise of a candidate for admission to the written and viva vice examination shall be final. No candidate to whom certificate of admission has not been issued by the recruiting authority shall be admitted for the examination.\n(iii) The recruiting authority shall on the basis of cumulative grade value secured by a candidate, and taking into consideration the orders, if any, in force relating to reservation of posts for Schedule Tribes and other backward classes, prepare in the order of merit, assessed as provided in Schedule B, a list of candidates to be included in the list which shall be equal to the number of vacancies notified.\n(iv) The recruiting authority shall in accordance with the provisions of clause (iii), also prepare an additional list of names of candidates not included in the list of candidates prepared under clause (iii) above, in which the number of candidates to be included, shall, as far as possible, be ten percent of the number of vacancies notified for recruitment or one, whichever is higher.\n(v) The lists so prepared under clauses (iii) and (iv) above shall be published and they shall cease to be operative on the expiry of one year from the date of such publication.\n(vi) Candidates whose names are included in the list prepared under clauses (iii) above shall be considered for appointment in the order in which their names appear in the list and subject to rule 9, they may be appointed by the appointed by the appointing authority in the vacancies notified under clause (i) above. Candidates whose names are included in the additional list may be similarly appointed after the candidates whose names are included in the list published under clause (iii) above have been appointed.\n(vii) Inclusion of the name of a candidate in any list prepared under clause (iii) or (iv) shall not confer any right of appointment to such candidate.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "11",
"title": "11. Conditions Relating to Suitability, Fitness and Character.",
"chapter": null,
"content": "(i) unless the appointing authority is satisfied that he is of good character and is in all respects suitable for appointment to the service;\n(ii) unless he is certified by the medical authority specified by the High Court for the purpose that he is medically fit to discharge the duties of the post to which he is selected for appointment.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "12",
"title": "12. Fees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "13",
"title": "13. Joining Time For Appointment.",
"chapter": null,
"content": "ii. Notwithstanding anything contained in sub-rule (1) the appointing authority may, on the application of the candidate, if satisfied that there are good and sufficient reasons for doing so, by order in writing, grant such further time as it may deem necessary.\niii. The name of the candidate who fails to assume charge of the post within the time specified who fails to assume charge of the post within the time specified in the sub-rule (1) or within the further time granted under sub-rule (2) shall stand deleted from the list of selected candidates and he shall cease to be eligible for appointment.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "14",
"title": "14. Training.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "15",
"title": "15. Probation and Officiation.",
"chapter": null,
"content": "(i) if it decides that he is suitable to hold the post to which he was appointed and has passed the special examinations or tests, if any, required to be passed during the period of probation or officiation, as the case may be, it shall, as soon as possible, issue an order declaring him to have satisfactorily completed the period of probation or officiation, as the case may be; and such an order shall have effect from the date of expiry of the period of probation or officiation, including extended period, if any, as the case may be.\n(ii) if the appointing authority considers that the person is not suitable to hold the post to which he was appointed or promoted, as the case may be, shall by order-\n(a) if he is a promotee, revert him to the post which he held prior to his promotion.\n(b) if he is a probationer, discharge him from service;\nDischarge of a probationer during the period of probation.\ni. Notwithstanding anything here-in-above, the appointing authority may, at any time during the period of probation, discharge from services, a probationer on account of his unsuitability for the service.\nii. An order under sub-rule (1) shall indicate the grounds for the discharge but no disciplinary enquiry shall be necessary.\nAppeal.\nAppeal.\nConfirmation.\nConfirmation.\nIncrement during the period of probation or officiation\nIncrement during the period of probation or officiation\n(a) A probationer or promotee may draw the increments that fall due during the period of probation or officiation. He shall not however, draw any increment after the expiry of the period of probation or officiation unless and until he is declared to have satisfactorily completed his probation or officiation, as the case may be.\n(b) When a probationer or promotee is declared to have satisfactorily completed his probation or officiation, as the case may be, he shall draw, as from the date such order takes effect, the pay he would have drawn had he been allowed the increments for the whole of his service from the date of his appointment on probation or officiation as the case may be.\n(a) as probationer is questioned in any legal proceedings before a Court of law, the period of probation of such person shall continue until the final disposal of such proceedings.\n(b) as a promotee on officiating basis is questioned in any legal proceeding, before a Court of law, the period of officiation of such promotee shall continue until the final disposal of such proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 15
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{
"number": "16",
"title": "16. Pay.",
"chapter": null,
"content": "(ii) The Time Scale of Pay admissible to the members of the service shall be as shown in Column 3 of the Schedule C. This will be personal to the officer and not attached to the post\n(iii) The Special Pay/Charge Allowance admissible to different post shall be such, as shown in Schedule-C appended to this Rule. The Special Pay and Charge Allowance shall be attached to the post and would be available to the person holding the post.\n(iv) The Registrar/Deputy Registrar and Asstt. Registrar shall be entitled to Special Pay, if any, as laid down in the Gauhati High Court Service (Appointment, Condition of Service and Conduct) Rules, 1967.\n(v) The Selection Grade Pay and Super Time Scale Pay for members of the Grade-1 of the Service shall be such as shown in Schedule-C. This pay shall be personal to the officer and not attached to the post.\n(vi) The existing members of the Service shall be absorbed in the respective posts they may be holding on the commencement of these Rules and shall be eligible for pay scales provided for such posts.",
"footnote": "",
"is_definition": false,
"sort_order": 16
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{
"number": "17",
"title": "17. Seniority.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "18",
"title": "18. Promotion.",
"chapter": null,
"content": "(ii) The promotion of the officers under the various Grades in the Service shall be as per the criteria laid down in Schedule-E.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "19",
"title": "19. Retirement.",
"chapter": null,
"content": "B. Notwithstanding anything contained in Clause A above, a Judicial Officer belonging to the Assam Judicial Service, who in the opinion of the High Court, have the potential to continue with his/her service, shall be retained in service up to 60 years.\nI. The potential for continued utility shall be assessed and evaluated by appropriate Committee of Judges of the High Court, constituted and headed by the Chief Justice and the evaluation shall be made on the basis of the officer's past record of service, character roll, quality of judgments and other relevant matters.\nII. The High Court should undertake and complete the exercise well within time, before the Officer attains the age of 58 years and take a decision whether the benefit of extended service is to be given to the officer or not.\nIII. In case the officer concerned is found fit for being given the benefit of extended age of superannuation, the officer and the State Government be informed accordingly.\nIV. In case the officer concerned is found not fit for retention beyond 58 years, the High Court may inform the officer that he would stand retired at the age of 58 years.\nV. An officer shall be deemed to have been denied the benefit of extension unless a specific order to that effect is passed and communicated.",
"footnote": "",
"is_definition": false,
"sort_order": 19
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{
"number": "20",
"title": "20. Retirement in Public Interest.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
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{
"number": "21",
"title": "21. Re-Employment After Retirement.",
"chapter": null,
"content": "(i) There is no adverse comment in the ACR's so far disposal/integrity and character are concerned.\n(ii) The Officer was not dismissed or removed or compulsorily retired or made to seek retirement.\n(iii) The Officer had sought voluntary retirement after initiation of departmental proceedings / inquiry.",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "22",
"title": "22. Addition of Certain Service for the Purpose Of Pension.",
"chapter": null,
"content": "(1) The members of the Service initially recruited to Grade III of the Service having not less than 10 years of actual qualifying service shall be entitled to add to their service qualifying for superannuation pension, the actual period, of practice put in by him at the Bar not exceeding three years.\n(2) The members of the Service directly recruited from the Bar to Grade-1 of the Service, having not less than 10 years of actual qualifying service, shall be entitled to add to their service qualifying for superannuation pension, the actual period of practice put in by h8im at the Bar not exceeding seven years.",
"footnote": "",
"is_definition": false,
"sort_order": 22
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{
"number": "23",
"title": "23. Residuary Provision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
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{
"number": "24",
"title": "24. A Conduct.",
"chapter": null,
"content": "B. Disqualification\nB. Disqualification\n(1) A judge shall disqualify himself or herself in a proceeding in which the Judge's impartiality might reasonably be questioned, including but not limited to instances where;\n(a) the judge has personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding;\n(b) the judge served as a lawyer in the matter in controversy, or lawyer with whom the judge's previously practiced law served during such association as a lawyer concerning the matter, or the judge has been a material witness concerning it;\n(c) the judge knows that he or she, individually or a fiduciary, or the judge's spouse parent or child wherever residing, or any other member of the judge's family residing in the judge's household, has an economic interest in the subject matter in controversy or in a party to the proceeding or has any other interest that could be substantially affected by the proceeding;\n(d) the judge or the judge's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person;\ni. is a party to the proceeding, or an officer, director or trustee of party;\nii. is acting as a lawyer in the proceeding;\niii. is known by the judge to have interest that could be substantially affected by the proceeding;\niv. is to the judge's knowledge likely to be a material witness in the proceeding.\nC. The rules governing and regulating the conduct of Indian Administrative Service Officers shall in so far as they are not inconsistent with the rules in this chapter shall apply to the members of the service.\nC.\nD. Disciplinary Authority. - The members of the service shall be under the disciplinary control of the High Court and the disciplinary proceeding may be drawn up against them in accordance with the provisions of the Assam Civil Services (Discipline and Appeal) Rules, 1964.\nD. Disciplinary Authority.\nE. No disciplinary proceeding shall be initiated against the members of the service except with the recommendation of the High Court.\nE.",
"footnote": "",
"is_definition": false,
"sort_order": 24
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{
"number": "25",
"title": "25. Leave, Pension, Etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "26",
"title": "26. Repeal and Savings.",
"chapter": null,
"content": "Schedule - A\n(a) Grade-I\n(b) Grade-II\n(c) Grade-III.\nGrade-I\nGrade-I\nSL No.\nSL No.\nName & Posts\nName & Posts\nPay No. of Posts\nPay No. of Posts\nScale of Pay.\nScale of Pay.\nRemarks\nRemarks\n1.\nSuper Time Scale District & Sessions Judge\n10% Posts in Grade-1 at SI. 3to 10.\nAs may be fixed by the State Government from time to time.\n2.\nSelection Grade District & Sessions Judge\n25% of Posts in Grade-1 at SI.No.3 to 10.\n3.\nDistrict & Sessions Judge\n21\n4.\nAdditional district & Sessions Judge\n7\n5.\nRegistrar General\n1\n6.\nRegistrar (I8&E)\n1\n7.\nRegistrar (Admn.)\n1\n8.\nSpecial Judge\n1\n9.\nPrincipal Judge, Family Court\n1\n10.\nPresiding Officer, Industrial Tribunal.\n3\n11.\nPresiding Officer Labour Court.\n2\n12.\nJudge, Designated Court.\n1\n13.\nAddl. Judge, Designated Court.\n1\nGrade-II\nGrade-II\nSL No.\nSL No.\nName & Posts\nName & Posts\nPay\nPay\nNo. of Posts\nNo. of Posts\nScale of Pay\nScale of Pay\nRemarks\nRemarks\n1.\nChief Judicial Magistrate\n21\nAs may be fixed by the State Government from\n\t\t\t\ttime to time\n2.\nAddl. Chief Judicial Magistrate\nEntry Level\n19\n3.\nDeputy Registrar\n2\n4.\nPrincipal Civil Judge\nTime Scale of pay\n2\n5.\nSenior Civil Judge\nTime Scale of pay\n2\n6.\nCivil Judge\nEntry Level\n23\n7.\nCounsellor, Family Court.\n1\nGrade-III\nGrade-III\nSL No.\nSL No.\nName & Posts\nName & Posts\nPay\nPay\nNo. of Post\nNo. of Post\nScale of Pay\nScale of Pay\nRemarks\nRemarks\n1.\nSenior Munsiff\nACP scale - II stage\nAs may be fixed by the State Government from\n\t\t\t\ttime to time\n2.\nUpper Munsiff\nACP Scale - I Stage\n3.\nMunsiff\nEntry Level\n63\n4.\nJudicial Magistrate\n46\n5.\nSpecial Judicial Magistrate\n1\n6.\nSub-Divisional Judicial Magistrate\n38\nSchedule B\nCompetitive Examination.\nCompetitive Examination.\nA. For Direct Recruitment 85 Promotion Under Limited Departmental Examination:\nA. For Direct Recruitment 85 Promotion Under Limited Departmental Examination:\n(1) A competitive examination for recruitment to the service in Grade-1 shall be held at such intervals by the High Court from time to time as determined. The examination shall be conducted with the syllabus as below:\n(i) Paper-1: - One Paper of 100 marks (duration not less than 2 hours) to test the General Knowledge, aptitude, intelligence, test of comprehension and expression of law and General English including Essay Writing on legal topic and information technology.\nPaper-1:\n(ii) Paper-II: - One paper of 100 marks of not less than 2 hours duration regarding objective questions and problems of law as regards the Transfer of Problems of law as regards the Transfer of Property Act, Civil Procedure Code, Code of Criminal Procedure, Indian Evidence Act, Indian Penal Code, Limitation Act [the Arbitration & Conciliation Act, 1996, the Indian Contract Act, Family Law, Law relating to Specific Relief, the Motor Vehicle Act, Industrial and Labour Law, the Land Acquisition Act, Law relating to Trust, the Indian Registration Act and the Court Fees Act.]\nPaper-II:\n(iii) Paper-III: - One paper of 100 marks (duration not less than two hours) consisting of Judgment writing (Paper Book to be supplied) Legal theories on jurisprudence, provision of Constitution of India.\nPaper-III:\n[(iv) Paper-IV: - One paper of 50 marks (duration not less than 1 hour) to test the proficiency of the candidate in official language(s) of the State of Assam.]\nPaper-IV:\nNote. - The candidate is expected to refer to the relevant decisions of the Apex Court and the High Court while writing answers in Paper II and in).\nNote.\n(d) Interview: Viva-voce-50 marks.$$\nInterview:\n2.\n(i) Paper on English - 100 marks.\n(a) Essay writing,\n(b) Precise writing,\n(c) [Grammar] etc.\n(ii) General Knowledge-100 Marks.\n(a) Objective Type\n(b) Aptitude Test\n(iii) Law Paper-1 - 100 Marks.\n(a) Constitution of India\n(b) Code of Civil Procedure\n(c) Transfer of Property Act\n(d) Indian Contract Act\n(iv) Law Paper-II - 100 Marks.\n(a) Indian Penal Code\n(b) Criminal Procedure Code\n(c) Indian Evidence Act\n(d) Law of Torts\n[(v) Paper to test the proficiency of the candidate in the official language (s) of the State of Assam 50 marks;]\n[(vi)] Interview, Viva-voce - [50] Marks.",
"footnote": "",
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"number": "3",
"title": "3. General Instructions.",
"chapter": null,
"content": "Evaluating Performance in Competitive\nEvaluating Performance in Competitive\nExaminations For Judicial Selection.\nExaminations For Judicial Selection.\n(1) The questions in the question paper may carry numerical marks for each question.\n(2) The examiner may assign numerical marks for each sub- question, which may be totaled up and shown against each full question in numbers.\n(3) The tabulator will then convert the numerical marks into grades in a seven-point scale with corresponding grade values as follows:\nPercentage of marks\nPercentage of marks\nGrade\nGrade\nGrade value\nGrade value\n70% and above\nO\n7\n65% to 69%\nA+\n6\n60% to 64%\nA\n5\n55% to 59%\nB+\n4\n50% to 54%\nB\n3\n45% to 49%\nC+\n2\n40% to 44%\nc\n1\nBelow 40%\nF\n0\n(4) After converting the numerical marks of each question into the appropriate grade according to the formula given in first column above, the tabular will re-covert to Grades obtained for each question to the Grade value according to the value given in the third column above.\n* What is now obtained is the relative Grade value of each answer in the question paper obtained by the candidate in a seven-point scale (i.e. 'O' to 7')\n* The tabulators next task is to add up those Grader Values and divide the sum total by the numbers of questions in the answer book including the questions unanswered by the candidate. What is thus obtained is the Cumulative Grade Value Average (CGVA) obtained by the candidate at the examinations. Suppose the CGVA comes to '4', the grade obtained by the candidate at the examinations is \"B+\". If the CGVA is '6', the Grade of the candidate is \"A+\".\n(5) Thus organized, the result of the written examination will be indicating only the cumulative evaluation grade of the candidates which moderates the inevitable element of subjectivity in individual evaluation and brings in relative objectivity and fairness to much higher degree. Of course, the tabulation record sheet can carry the numerical marks as well for reference and re-checking whenever needed. A proper computer programme can do all these operations in minutes.\n(6) What happens if there are several successful obtaining the same grade and the available positions are fewer in number How do you rank them to determine who is to be given the job Of course, this situation can develop with numerical marking also where persons with one mark or half a mark difference are given advantage. This is unfair given the fact that in actual practice this may happen because of the play of subjective elements on the part of the individual examiners. What is therefore recommended is a similar vigorous and objective grade value exercise for the viva-vice examination as well.\n(7) At the end of each day's interview the, tabulator will convert the numerical marks assigned to each category into grades and then to grade values. This will then be totaled up and the Cumulative Grade Value Average of each candidate interviewed will be obtained.\n(8) Thus a separate list of candidates interviewed and the Grades obtained in the viva-vice will be readied which will naturally be far more fair and transparent with little scope for corrupt practice to creep in. Again for ready reference, the result sheet may carry the numerical marks side by side with grades.\n(9) The final selection list will be readied by combining the Cumulative Grade Value obtained in the written examination and the viva - vice examination.\n(10) Since in practice many candidates who have obtained less than a prescribed grade (say B+) in the written examination will not be called for viva vice examination, then combined tabulation has to be done only with reference to fewer candidates, possibly one - tenth or even less of the total number of applicants for the job.\n(11) If the viva - vice is rigorous and higher marks are given only to those who are outstanding in all categories of evaluation given in the profroma, the chances are very few will obtain higher grades (like 'O' or TV) and their numbers may be just within the available vacancies. There may be some borderline cases where it is difficult to determine who is to included and whom to be excluded. This dilemma may be resolved by a second interview between those candidates by the same board or alternatively looking at the difference in numerical scores between them similarly placed in grades.\nSchedule-C",
"footnote": "",
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{
"number": "1",
"title": "1. Special Pay.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "2",
"title": "2. Charge Allowance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
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{
"number": "3",
"title": "3. Time Scale Pay.",
"chapter": null,
"content": "Schedule-D\nTraining course for officers appointed in Grade - I (Direct Recruits)\nTraining course for officers appointed in Grade - I (Direct Recruits)\nA. After the appointment of a candidate in Grade -1 of the Service as provided in Rule 7, the Officer would require to submit his Joining Report before the Registrar General, Gauhati High Court and thereafter he shall be given four weeks training at the Training Institute in the following manner:\n(i) Writing of judicial orders both in civil and criminal cases;\n(ii) Framing of charge and settlement of issues;\n(iii) Judgment writing;\n(iv) Administrative order and other matters relating to administration of office including accounts;\n(v) Any other subject which the High Court/Training Institute may deem fit and proper.\n(i) Six months class room lectures at Training institute as per the curriculum fixed by the Training Institute in consultation with the High court.\n(ii) Six months of field posting in criminal courts and civil courts as decided by the High Court.\n(iii) The order and period of field posting and class room training commencing from the date of appointment and for a period of 1 (one) year shall be decided by the High Court in consultation with the Training Institute.]\nSchedule-E",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "1",
"title": "1. General Criteria For Promotion:",
"chapter": null,
"content": "(a) Considering the number of vacancies to be filled up, the Assessment Committee shall assess the Judgments/ACR's of the officers, who are within the zone of consideration, the ratio being 1:3.\n(b) The suitability and overall performance of the officers including disposal of cases and the remarks of the concerned Portfolio Judge shall be considered.\n(c) In case any Departmental Proceeding/Enquiry is pending against an officer, his/ her promotion may be considered and the decision be kept in a sealed cover, to be opened on conclusion of the Departmental Proceeding/ Enquiry.\n(d) The officers against whom there is adverse entry regarding their character, integrity will be eligible for promotion provided the required Bench mark has been obtained subsequent to the adverse entry.",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "2",
"title": "2. Promotion.",
"chapter": null,
"content": "From Grade-III to Grade-II:\n(i) Seniority-cum-merit subject to overall suitability.\n(ii) ACR's of last five years are to be considered and officers having minimum two Good Grading in ACR's will be considered provided their integrity and character is beyond doubt or there is no doubt.\nFrom Grade -II to Grade - I under sub-rule 7 (1) (II):\n(i) Merit-cum-Seniority subject to suitability.\n(ii) ACR's of last five years are to be considered and officers having minimum Three Good' Grading out of five ACR's will be considered.\n(iii) Must have completed 5 years of Service in the Grade.\nFrom District Judge to Selection Grade District Judge:\n(i) Merit and suitability.\n(ii) Minimum 'Four Good' out of last five ACR's; or\n(iii) The officer must have Two Good' and \"One Very Good\" in the ACR's out of last five ACR's.\nFrom Selection Grade District judge to Super Time Scale District Judge:\n(i) Merit-cum-suitability.\n(ii) The Officer must have \"Three Good\" and \"One Very Good\" grading during the last 5 years; or\n(iii) The officer must have Two Good' and 'One Outstanding' grading during the last five years.\nAppendix-A\nAppendix-A\nShould uphold the integrity and independence of Judiciary\n(I) Should avoid impropriety\n(ii) A judge shall respect and observe the law. At all times, the conduct and manner of a judge should promote public confidence in the integrity and impartiality of the judiciary. Without regard to a person's race, gender, or other protected personal characteristic, a judge should treat every person fairly, with courtesy and respect.\n(iii) A Judge shall not allow family, social, or other relationships to influence his judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance his private interests or those of others. A judge shall not convey or permit others to convey the impression that they are in a special position to influence the Judge. A judge shall not appear as a character witness in a Court proceeding subpoenaed.\n(iv) A Judge shall not allow activity as a member of an organization to cast doubt ion the judge's ability to perform the function of the office in a manner consistent with the code of judicial conduct and the laws of the State. A judge shall not hold the membership of an organization activities of which discriminate, or appear discriminate, on the basis of race, gender, or other protected personal characteristic. Nothing in this paragraph should be interpreted to diminish a judge's right to free exercise of religion.\n(II) Performance of duties impartially and diligently\n(ii) A judge may require lawyers, court personnel, and litigants to be appropriately attired for Court and should reasonable rules of conduct, order and decorum in the Courtroom.\n(iii) A judge shall be patient, dignified, and courteous to litigants, witness, lawyers, and others with whom the judge deals in official capacity, and should require similar conduct of lawyers, and of staff, Court officials, and others subject to the judge's direction and control.\n(iv) A judge shall not initiate, permit, or consider ex-parte communications made to the judge outside the presence of the parties concerning a pending or impending proceeding.\n(v) A Judge shall hear and decide matters assigned to the judge except those in which disqualification is required.\n(vi) A judge shall perform judicial duties without bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, Court officials and others subject to the judges direction and control to do so.\n(vii) A judge shall dispose of all judicial matters speedily, effectively and fairly.\n(viii) A judge shall not, while a proceeding is pending or impending in any Court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any nonpublic comment that might substantially interfere with a fair trial or hearing. The judge shall require similar abstention on the part of Court personnel subject to the judge's direction and control. This clause does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the Court. This clause does not apply to proceedings in which the judge is a litigant in a personal capacity.\n(ix) A judge should prohibit broadcasting, televising, recording or taking of photographs in or out of the courtroom during session of court or recess between sessions except as authorized by the High Court.\n(x) (a) A judge may properly intervene in a trial of a case to promote expedition, and prevent unnecessary waste of time, or to clear up some obscurity, but the Judge should bear in mind that undue interference, impatience, or participation in the examination of witness, or severe attitude on the judge's part toward witness, especially those who are excited or terrified by the unusual circumstances of a trial, may tend to prevent the proper presentation of the cause, or the ascertainment of truth in respect thereto.\n(b) Conversation between the judge and counsel in Court is often necessary, but the judge should be studious to avoid controversies that apt to obscure the merits of the dispute between litigants and lead to unjust disposition. In addressing counsel, litigants, or witness, the judge would avoid a controversial manner or tone.\n(c) A judge shall avoid interruptions of counsel in their arguments except to clarify their positions, and should not be tempted to the unnecessary display of learning or premature judgment.\n(xi) A judge shall adopt the usual and accepted methods of doing justice; avoid the imposition of humiliating acts or discipline, not authorized by law in sentencing and endeavour to conform to a reasonable standard of punishment and not seek popularity or publicity either by exceptional severity or undue leniency.\n(xii) A judge shall be punctual in attending court and do judicial work during Court hours. He shall ensure punctuality of the staff and Court Officials.\n(xiii) A judge should diligently discharge administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and Court officials.\n(xiv) A judge should take or initiate appropriate measures as admissible under law against a judge or lawyer for unprofessional conduct of which the judge may become aware.\n(xv) A judge should not cause unnecessary expense by making appointments. All appointments shall be based upon merit.\n(xvi) A judge should not approve compensation beyond the fair value of services rendered.\nIII. Extra judicial and quasi-judicial activities.\nII. A judge, subject to the proper performance of judicial duties and to the extent time permits, may engage in the following quasi-judicial activities:\n(a) A judge may speak, write, lecture, teach and participate in other activities concerning only the law, the legal, and the administration of justice; and\n(b) A judge may appear at a public hearing on matters concerning only the law, the legal system, and the administration of justice.\n(c) A judge should refrain from financial and business dealings that tend to reflect adversely on the judge's impartiality or judicial office, interfere with the proper performance of judicial duties, exploit the judicial position, demean the judicial office or involve the judge in transactions with lawyers or persons likely to come before the court on which the judge serves.\nIV.\nV.\nVI.\nVII.\nVIII.\nIX.\nX.\nXI.\nXII.\n(a) cast reasonable doubt on the judge's capacity to act impartially as a judge;\n(b) demean the judicial office; or\n(c) interfere with the proper performance of judicial duties.\nXIII.\n(a) Will be engaged in proceedings that would ordinarily come before the judges, or\n(b) Will be engaged frequently in adversary proceedings in the Court of which the judge is a member or in any Court subject to the appellate jurisdiction of the Court of which the judge is a member.\n(c) A judge and members of the judge's family residing in the judge's household shall not accept, a gift, bequest, favour or loan from anyone except for:\n(d) a gift incident to a public testimonial, books, tapes and other resource materials supplied by the publishers on a complimentary basis for official use, or an invitation to the judge and the judge's spouse or guest to attend a bar-related function or an activity devoted to the improvement of the law, the legal system or the administration of justice;\n(e) a gift, award or benefit incident to the business, profession or other separate activity of a spouse or other family member of a judge residing in the judge's household, including gifts, awards and benefits for the use of both the spouse or other family members and the judge (as spouse or family member), provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties;\n(f) ordinarily social hospitality;\n(g) a gift from a relative or friend, for a special occasion, such as a wedding, anniversary or birthday, if the gift is fairly commensurate with the occasion and the relationship;\n(h) a gift, bequest, favour or loan from a relative or close personal friend whose appearance or interest in a case would in any event require disqualification under rule 27;\n(i) a loan from a lending institution in its regular course of business on the same terms generally available to persons who are not judges;\n(j) a scholarship or fellowship awarded on the same terms and based on the same criteria applied to other applicants; or any other gift, bequest favour or loan, only if the donor is not a party or other person who has come or is likely to come or whose interest have come or are likely to come before the judge;",
"footnote": "",
"is_definition": false,
"sort_order": 32
}
],
"metadata": {
"Act ID": "Last Updated 13th February, 2020 [ass341]",
"Act Number": "Published vide Notification No. JDJ(E) 110/80/137, dated 17.2.2003",
"Enactment Date": "",
"Act Year": "2003",
"Short Title": "Assam Judicial Service Rules, 2003",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:19"
}