jammu and kashmir accountability commission rules 2005.pdf

8/20/2019 Jammu and Kashmir Accountability Commission Rules 2005.pdf

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GOVERNMENT OF

JAMMU

AND

KASEMlR

CIVIL

SECRETARIAT-LAW DEPARTMENT

Notificatiqn

Srinagrr, the

5th

October, 2005.

SRO-280.-In exercise o f the

powers

conferred by section 30

o f the Jammu and Kashmir Accountability Commission Act, 2002

(Act No. XXXVIl l o f 2W)2), the Government hereby makes

the following rules, namely

:-

I.

Short title and coruoncemnt.- (l ) These ri les may be

called the Jammu and Kashmir Accountability Commission

Rules, 2005.

(2) They shall comc nm'f-

on

the date of their publication

in

the

Government -tte.

2. Definitions.-In t k ules, unless there is anything

repugnant in the subject or the context :-

(i)Act" means ~ h e a m a d Kashmir Accountability

Commission Act, 2002 (Act No. XXXVll l o f 2002) ;

(ii)

Chairperson" means the Chairpmon o f the Jammu and

Kasbmi~ kecounfrbility Commission, appointed under

sub-section

(I)

of

section

4

;

(iii) Commission" means the Jammu and Kashmir Accountability

Commission cstnblishcd under section 3 of the Act ;

i r )

"Cohplainanr means a pm on who is entitled to file a

complaint under section I

of

the Act ;

(v) "Form* means the Form appended to these rules

;



(vii) W q i s W means

the

Rcgia~tar e m d o under rule 23 and

i n c l d

d

b g i i .

Drputy

Registrar and Assistant

Registrar

;

(viii) "Schedulen

meap the

Schedule appended to these rules

;

i x )

"Secretmy" means tke Scwotsry ofthe Commission, appninted

under

section

25

o f the Aat :

(w) All otkt w d s a d xpressions uded in thest rules u k not

spseificaity

Mmed

sheU

hne

the same meaning as a s s i d

to them under the Act.

' 3.

Campfew

hdmrify.-For

Burposes

d

sub-clwse (iii)

of clause (6) of M o a

2

of

Bo k t tke compttent authority

. shali :-

(i) n the case where a & ~ + - dkipkkwry action is

r wmmd d

by

tb t Commission, bc tbenurhorrty by which

p M i c k t i o n a f y

waa or

which has the competence

~ r e w w e ~ ~ ~ f D B l s ~ :

P m v W t W b tbcase of ptlbli functionary who idor was

on -u*- f a ervice, tJre ks of the

establisbnrcnt

in

whieb *ltic fact- khs

ban

w o r m or had worked slnall he a rrtlthd

if

the cause

of

g r ~ v - or t d o @ # i m r i s es *-of .sy

~ i n i s t ~ ~ e

action taken

by

or

with tbc

approval of ruFh public

f t l ~ ~ t i a M r yming rhe p8riud of hiu k p u t d i or bsnsfer

to such foreign service

; or

(ii) n a ease where the r e d i a l actior w he redressat of the

grievance is rc~~unmca8oQy

the

Comntisaion be the Head

o f he Department or the Head of heconotmed Adminisbstive .

I

Department in wbich the puMii

functio~ary

as

been

working

or had worked where the cause of action arose :

Expianation:-F6r

the purposes

&'these

rules, 'foreign service' shall

\



4

Members of r k CdsiaR . - -The Commission may have

not more thm two

lDcrabm.

Provided that i t shall not

be

necessary to appoint

any

such

rpcmber unless

the

Governor is ss t is fd that such appointment is

ncecsury or expedient

i@

he

p M i c intersst.

5.

Form

okd

comtmd

of

the

complaint.-(I) Every

complaint JaaH be made

as

f b

as pssiMe in Fonn

'A'

prescribed

in the Schedule duly s i g d Md

supported

by an affidavit asprescribed

by rule 6.

(2) The cotnplaint &in8 allegations and grievances may

be

pnsented

before

such offrcer

as may

be notified by the

Srrretaiy

in oonsy4tation with the Chairpenurn.

(3) The complaint may be prrsrrdsd in person or

sent

by

registered post. Such complaint shall be provisionally

r e g i s l & e n d in sepm(e mgiata, maintained by the Registry 8t

Jmmltl

ad ab@f.

(4)

Ewiy cowpbint shall be

.ccoaqunicd

by three copms for

the C Yd sue admr

e f c+es

M

the W l i e

frniotlrles s.

6.

Conientd

of

&dm&--(l)

Every affidavit shdl

be

baa

u p c ~ a dgibly

fthrll

besworn inbeforeakdieial

M n g i i ,

an ~xtcrrtive~agiatnre.~ o t v y

or

~ c f a c y

wried

O f f i

duly . t f f L o r i to w a u

4

(2)

E v c y p s o n n d i fhh i t pkali sum his full name,

sunmme,

.(lc,

p m b s im

or

midcrrce aad shall

g i v e s u c h o O s r m a l Y 1 # -

t o ~ e r W 4 M

him clurly .



affidavit me true, I urther swtrr that what

is

stated i n the

paragrsph (give number) is true to my infonnation and is

believed

by

me

to

be

true.

7. Regishy of be

Conmission.--(I) The Commission shall

have a Registly in its

Office both at

Jmmu and Srinagar and each

Registry shall be

headed

by

aa

Additional Regjstrar or Deputy

Registrar as the Chairperson

may

authorize in this behalf.

(2)'All complaints

eddr ssed

to fhe Commission shall be filed

or

sont by

post

in the Registry o f

the

Commission.

(3)

The complaints relating

to

actions. allegations and grievances

pertaining to Kashmir Division shall

be

filed in the Srinagar wing

o f he Commission and such complaints permining to Jammu Division

be

filed in the Jpnmu Wing of

the

Commission.

(4)

The

Commission may,

on

application made

or

of its own,

entertain a complaint dating to

one

Division

at

another Division or

transfer one pending wmpiaim fmm

one

Registry to another.

8 Seminy d e&Rrrtim 4 r guls complainls.--( I ) On

receipt of

the

complaint

thc

Registrar shall

examine

the oomplaint,

afidavit

and

accompanied documents

and

report as to whether it has

been likd

ih

accordance

with

the

Act

and

rules.

*

(2) If

tk Rcgirrtrar i s

of ihc

opinion that the complaint

i s

not

in confon ity with

the

pvvbtons

liw Act

or the r u b or is otherwise

defective,

he

shall issue

nothe

to

tke

com p la i i t i n Fonn 6

to

remow the defects within the spofifm

period

stipulated in the notice.

The

Registrar may extend

t c

time specified in

the

notice for su ff ~i en t

cause.

(3)

When

the

cornplrirunt

is

dimstad

to remove the defects



complainant has been directed to remove the defects shall be placed

only a f ter the exp iry o f the per iod o f t ime st ipu la ted in the not ice

or the extended period.

(5) Every person making the complaint shal l be informed of the

substance o f the orders passed under the preced ing rule, if no further

act ion on the complaint is to be taken.

9.

Acknowledgmen t o compluinl .-A fter the comp la in t i s

registered, the Registrar or any other of f ic er empowered in th is b ehalf

by the secretary shall send to the complainant an acknowledgment

o f the con ip la in t in F orm "C" prescr ibed in th 'e Schedule in for mi ng

h im that h is compla in t is reg is tered and g iv ing h im the number o f

the complaint.

10. N o t i c e . 4 n reg is tr at io n o f r eg ular c o ~n p la in t ,a not ice in

the Form

'D'

shall be issued to the public functionary and the

competent authority for compliance.

I

I.

Authenr ica r ion of o rdc rs pussed by the Contmission.-

A ny order passed by. the Comrnission under the A ct or the rules

and executed in the name o f t l ie Comm ission sh al l be authent icated

by such person and i n such manner as the Co mm ission may, b y

general or special order, from time to t ime,. specify.

12. .Adtnrnislering oath.-The Com mission or any off ic er duly

empowered by the Commission. may administer oath to any person

examined by i t dur ing any enquiry .

13.

Inre rpre tar io n. - ( l ) The Corfimiss ioh may. in any specia l

case, ap point an interpreter(s) wh o w i l l be paid at such rate as may

be f ixed by the Government f rom t ime to t ime.

(2 ) The in terpre ter sha l l take oath in the fo l lowing form :-

hereby swear in the name of G o d

I

d o t h a t w i l t te l l and



14 . Fu rn i sh ing of inforn8ution un d pro du ct io n of

document.---(I) Where the Comm ission requ ires any pu bli c servant

or any other person to furnish information or to produce documents

under sub-section. ( I ) o f section 14, the Registrar o r any o ffic er

authorized by the Registrar shall issue a notice in Form 'E' prescribed

in the Schedule to the officer or authority in whose custody the file

or the document i s stated to be or in whose custody that file would

ordinarily be.

(2) i f

the file i s not produced or sent. within the period

prescribed by the officer or authority concerned, the Registrar shall,

in writing , direct the Head o f the De partment concerned to produce

the same.

. .

(3) I f the t i le

i s

not reccived within I S days aAer Registrar's

notice referred to under sub-rule (2) above. thc complaint shall be

put up before the Commission for orders.

(4) Withou t prejudice to the provisions o f the Act and the

rulcs, the Commission may direct the competent authority to

initiate disciplinary proceedings against such public servant or

other .person who refuses or fails to produ ce any document in

his custody or power within the time stipulated in the notice issued

under sub-rule (I .

1 5 .

Consequences o f refusal o f a party to produce document.-

Where any party to an investigation before the Commission refuses,

without any lawful excuse, to produce any document or documents

in his custody or power, the Commission may decide the matter,

against him in the absence o f such documents and may also strike

out the complaint or defence, as the case may be, or may make

such other order as it thinks fit.

\

16. Rehearing o f a complaint.-If a case is closed for

default o f complainant or if it is ordered to be filed or i s decided

\

ex parte against the public functionary, the Commission may,

i f suficient cause i s shown to it. reopen the case and rehear i t on



17. C'onfidrn1iali1.y of infir ma lion and evidence.-The

information and evidence referred to in section 19 shall be

kept confidential in the custody of the Registrar or such other

off ice r o f the Comm ission as the Cha irperson may authorize in this

behalf.

18.

CerriJicd co py .+l )

The Commission may, subject to the

provisions o f the A ct and the rules issue to any person a

ce rtified cop y o f any order. inform ation or evidence other than the

copy of the report of the preliminary enquiry and the information or

evidence obtained in connection with such preliminary enquiry or

investigation.

2 ) The Registrar may authenticate such copies for issue if the

Commission orders for supply of such a certified copy.

( 3 )

The party concerned will have to deposit necessary cost

o f the supply o f such certified copy as may be fixe d by the

Commissioll.

19.

Srcrerary and orher s~affof the Comnrission.+I)

The

Government shall. after consulation with the Chairperson, appoint an

offic er not below the rank of District and Sessions Judge or an IA S

offic er to be the Secretary o f the Comm ission.

(2) The other offcers and employees of the Commission shall

be such as the Government may from time to time determine, in

consultation with the Commission.

(3)

The Governor may specify the minimum qualification and

the m ethod of recruitment fo r employees o f the Com mission whether

directly appointed, sent by transfer or on deputation.

(4) The officers and officials on deputation or by transfer from

any Government Department shall be deputed to the Commission with

its prior consent.



(2) The employees o f the Commission, other than those specif ied

in wb-rule (I ), shal l be ent i t led to the salary and other al lowances

according to pay scale o f their appointment.

I

7i av el l in g allowances.-When any person, not in the

service o f the Governm ent is required by the Comm ission to appear

before i t as a witness, he shall be paid trave l l ing al lowance for jou rn ey

calculated u nder the ordin ary ru les for the jou rne y or as the

(i twernmen t servant on,tou r and dai ly al lowance, and for th is purpose

the Com mis sion may declare by special order the grade to wh ich such

person shal l be considered to belong according to his status in l i fe

,and i ts decision shal l 'be f inal.

22. Au tho r i ty competen l l o gr am ledve.+l ) The power to

grant or refuse leave to the Chairperson and to revoke or curtai l

t l ie leave granted to h im sh all vest i n the Governor.

(2) The power to grant or re fuse ' leave to any M embe r or

gazetted o f f icer serv ing wi th the Com mission and to revoke or cur ta i l

the leave granted to him shall vest in the Chairperson.

(3) The power to grant or refuse leave to any other of f icer and

cmploye e o f the Com mission o r to revoke or curtai l the leave granted

l o l i ~ m hall vest i n the S ecretary.

23.

Fv r~ ,t io n.c f' rh r Secretary.+ I) The Secretary shall be

ex

of f ic e Regist rar o f the Comm ission as w el l and sha l l d ischarge

sucl i dut ies and carry out the direct ions issued by the Cammission

f rom t ime to t ime.

(2) T h e S e cr et ar y s h a l l b e o v i r a l l i n ch a r ge o f th e

a d m ~n i s t ra t i o n o v e r t h e e mp lo y ee s o f t he C o mm is s io n a n d

shal l ensure e f f ic i ent per formance by the employees o f the

Commission.

24.

Fi na nc ia l powers. -The Comm ission sha l l have-

(I)

f u l l p o w e r s t o i n c u r n o n - r e c u r r i n g e x p en d i tu r e

on con t ingeqcy and purchase o f stores other than works ;



25. Procedure in matters n ot p ro vi de d i n the rules.-

The Commission shall have the power to regulate its own procedure

in respect o f h ny matter fo r 'w hi ch no provision i s made in these

rules.

26. Repeal.+l) The Jammu and Kashrnir Ac cou nta bility

Commission Rules, 2003 are hereby repealed.

(2) No twith sta nd ing such repeal any act or anyth ing done under

the said ru les shall be deemed to have been done under these rules

and may be continued and completed under the correspo~~dencef

these rules.

J A M M U A N D K A S H M l R

ACCOUNTABILITY COMMISSION RULES, 2005

Farm-'A'

(See Rule 5)

'

Before the Accountability Commission,

Jammu/Siinagar.

Nam e and address o f the Com plainapt

(Complainant)

.

..

v

s

. .

N am e and address o f the public func tionary

I.

.

..2. (Respondent)

Complaint under section

o f the J&K Accountability

Commission Act, 2002.



The complaint is not mnb fide and

i s

being f i led

rela ting the actions o r allegations against the

respondentls

(in such a case the complainant need not be an aggrieved

person).

2. That the respondenvs ore public functio nary lies as defined

in section 2(16) o f he J K Accoun tability Comm ission Act.

3. Para-wise deta i led gr ievance la l legat ion wi th fu l l

particulars.

4.

That with respect to the grievancelactionlallegation detailed

in this complaint no earlier complaint was filed or action

initiated.

Or

The complainant had filed

a

complaintlcivi l suit lpetit ion

earlier which i s p e n d i ~ m seen disposed offdeferred before

(name o f the authority).

5 .

(If

the earlier c o ~ t l p 0 l i t i o n

een

disposed o f a copy

o f the order passed on it

k

nclosed).

6. (If the ewlier wmplllintlpetition is pending, the reasons for

tiling the new complaint).

7.

That an aff idavit duly swon, b f o r e the Competent Author ity

i s

being tile d in support o f the averments made i n the

complaint.

I t

i s

p ra ye d th at ~ o p r i a t e c tio n b e i n it ia te d a ga in st

the public functionarylies who m y e dealt with according to law

and report be s u b m i w to the Competent Authority along with

recommendetions for aotbn under

the

Act.

Complainant.



J A M M U A N D K A S I t M I R

ACC OUN TAB IL ITY COMhAlBSKlN RULES,

2005

(Give

n H n

and d d m s of complainant).

-Your complaint eddresspd to

tkc

Aecountabitity CoLmission

dated i s defective on acgount o f the

follmving defects

:-

.

I t will not be registered unkss

the

defects

are

rectified. They

should be rectified on or before

(date).

RegistrarlAdditional Registrar,

A cm tn b i l i t y Commissio n.



JAMMU A N D K A S H M I R

ACCOUNTABILITY COMMISSION RULES.

2005

Form 'C'

/See Rule 9)

To

(G ive name and address o f complainant)

Your comp laint addressed to the Accountab ility Comm ission o f

Jammu and Kashmir. dated

i s

received in this office

on

.

I t i s registered as complaint

No . o f

200-.

In a l l fur th er correspondence th is num ber should be

il lvariably mentioned.

RegistrarJAdditionaI Registrar.

Accountabil i ty Commission.



JAMMU AND KASHMIR

ACCOUNTABILIIY COMMISSION RULES, 2005

Form 'D'

Summons/Notice to h b l i c Functionary

(Undsr

section

13)

(Rule 10)

Whereas, a complaint has

hrm

against you in this Commission

for initiating proceedings undr the Jammuand Kashmir Accountability

Commission Act, 2002 making allegations defined in sub-section (3)

of section 2 of the Act ; and

Wbtoess, aiiec &g the campl.int and aourmpying

documms, the ComRdrrion i s &Mdthat the complaint contains

prima fscis allegations w h i d aro re@& to be enquid into and

the

C o m k i o n

proposes

to --ry into

the

allegations

made

against you

;

and

Whereas, your

presence

is

ncccmuy

bdm the Commission

i nn

your own interests for

the purposes of

representing your cars.

Ymu am, henfore,

mqukdku

aepear personally o f through a

.

duly authorized pclson before the Commission on

at

t b

b



Take n otice that in default o f appearance before the Com mission

on the date and time fixed, it shall

be

legally presumed that you have

nothing to contradict the allegations levelled against you and the

Comm ission, without ho lding further inquiry, w il l submit

i t s

report

to the competent authority with the

proposed

action be taken against

you.

Give n under my hand and the seal o f the Comm ission on

the

-- day o f 2005.

RegistrarIAdditional Registrar,

Accountability Commission,

JammulSrinagar.



J A M M U A N D K A SH M I R

ACCOUNTABILITY COMMlSSlON RULES,

2005

Form 'E'

[See rule I J I ) ]

Summons t o produce document under

sub-section

(I)

f section

14

o f the Act in the

Omce o f t he Aemnmtab il it y Commission o f

J n m m u a n d

K u h m i r

at JammdSr inagar .

Comp la in t No . o f

Whereas, a compla int has been made before the Acc ou nta bility

Commission by

(name and address o f he complainant),

against (pu blic functionnry's name and designation)

conta ining a grievancelall allegations i n respect o f

and it appears to the Accountability Commission desirable for the

purpose o f inquirylinv estigstion that the follo wi ng documents(s)

should be

produced before

i t

by (date period) any :-

(I)



YOU

an

hereby summonad

to

attsnd

and

produce

or cause to

be produced through your swv tst, ckrk of sgenf the said documcnt(s)

before it in his

case

on next at 1 1

O'clock

in the

forenoon.

Given under my hand and seal o f the office.

RegistrartAdditional Registrar,

Accountability Commission.

Dated

(Sd.) A. H. KOCHAK,

CommrlSecrctary

to Govcrnmenf

LBw Department.



THE JAMMU

AND

KASHMIR

ACCOUNTABILITY

COMMISSION REGULATIONS, 2085.

Notification No.

I

o f 2005

Dated 2-1 2-2005.

In exercise o f the powers conferred by Section 31 o f the Jammu

and Kashmir Accountability Commission Act, ZOO2 (Act No. XXXVll l

o f 2002). the Accountability Commission hereby makes the following

Regulations, namely :

I. Short title nd commencement.--(I) These Regulations

may be called the Jammu and Kashmir Accountability Commission

Regulations, 2005.

(2) They shall come i n t i orce on the date o f heir publication in

the'Government Gazette.

(I) ;4ct" means the J&K Accountability Commission Act,

2002 (Act No. XXXVl l l o f 2002).

(2)

"Certified copy" shall have the same meaning as is

assigned to

it

in Scction 76 o f the Jammu and Kashmir

Evidence Act, 1977 (XI1 o f 1977).

(3)

"Chairperson" means the Chairperson o f the

Accountability Commission.

(4)

"Form" means the Form prescribed in the Ruln,or in

these Regulations.



for

the

ime being in force, to practice i n the Court, and

includes

any

other

person

appointed or permitted by the

Com mission t o act as such in the procee dings before the

Commission.

( 7 )

Registrar

: includes the Additio na l Registrar. De puty

Registrar and Assistant Reg istrar o f the Com mission.

(8)

Rules

means the

S&K

Accountabil i ty Commission

Ruks.

(9)

Secretary

means the Secretary o f the Acc oun tability

Comm ission, appoiRtcd under Section 25 of-& Act.

(10) Schecfule

means the Schedule appended to these

Regulations.

(I )Wo rds and expressions used in these R egulations but no t

defined herein shall have the same meaning as are

assigned to them in the A ct

or

the rules made thereunder.

3.

Sc of

t k

Comrrkr iem-- ( I) The Aefo lm tab i l i t y

Comm ission sha ll have its offices both

at

Jammu and Srinagar where

i t w i l l h old s i t tings as per the orders and directions o f the Chairperson

o f

the

Commission.

'

(2)

When the Comm ission comprises o f more than one member,

the sit tings o f such members o f the Com mission and the nature o f cases

to be heard by them shall be regulated by the Chairperson, either by

a general order or by special assignment o f cases.

(3) The Hecld$tlaf+erof the C om m kio n sha ll be at such plac e and

for such period

as

may be specified by the Chairperson.



Y::i.~&l~tiaa~gCiffmat)~-Tka.Chdrpa~nmay h y a general

or;\rptwisI m d n

n-writinp.

irecb~th* nny p w : w f e r d

or

duty

:

m p as eb tm hh i u&&e Act for the purposes.of receiving, processing

and registering o f the complaints, m ay be exercised or discharged by

such M ~ ' b t % k ~ $ i i d ~ l b ~ e e 9 ~ Qhe Com h+ iss lh a s may b e

-s$&yned

ili

He (lti/,jkf M;,"..

, .

. ,

,,. .~

: , 5 ,, , . , , . - , . , , , ...,: .

1.

I.,,. >; . ,

. ,

.,

5 . Filing of the

complaints.--(I)

A l l the co~n plaints hall be

fi led' in t k e ' # r ~ i s ~ & " 6 ' f ~ , e ~ S o i n f ~ i ~ h i ~ ~ ~ef o h th&'Reg)sthP,& such

,miffd, SI l&itibb't,,siiMi & 'chaivison

to

' receive ' the

;o$$,la\hg

,ijiirr&

h

IR&,,laiio&;

. i: 1 .:

(

? i i l , , .

,.,

I

. , , : ,

:

:. (29l0sl

recdpl

o f eoanrp l rin& ~ e ' ~ i P t , r y . s h a l l ~ , o x m ~ ~ a so

i v h e t h e t w ~ o the comp laint has been file d in accordance with the Ac t

and the Rules or otherwise it suffers fmm any defects.. The defects

found'shah be' n o i i h d . ' 6 f ' ~ i t . ~ e p l s t r a i the kompiainaitt in rlie

6beddi iLh with ihe d i ~ ~ t ' i o no r e ~ t i f ~ t h eame within tr Jpeci fed

ti&:

.wl"uh;" the wdir&: h

'

e the defects a re not rectified, the

complaint phd l ,

,

be

pu).up beforp Q e -ission for appropriate ord en .

, . ..

i

(3)

l t ' th; bot"~la/nts pip+rly f i led anddoes not suffer f iom any

defeh ihe'barne- . .

. . Shall be

t$utaily registered and placed before the

" k o ~ i i s ~ i b n

, :

for B p p r < p r i & f e ' : o i d ~ ~ k g d i d i ~ gnq uiry or investigation.

,

~

,

:; I

(4) On perusal o f the w m da in t. the reports o f the Registry, the

~ ~ r n ~ i s s i ~ ~ ' & ~ ~.,. d ~ w olding df nqu iry or investigation by any office r

o f h e Issu~ry wl lnvesli&tioo Wing of th e Commission or any other

. Y . . , . , ? , , . , ]

.,,~,

, , , I $ , : , .

7.

.,

-

offid& or agency, a$' spec iffed in Section 26 o f the Act.

. .

: . , , ' < , > ,

, , , t

, ? ' ( : , 11 ,.

,

.,.,,

( 5 )h ? r :, fh q , p yq $ ~ . d . ~ ~ p l d i c l e : q ~ l i m i ~ a &n 4 iG :a . regu ,la r'

k&iQ ,iw~stipa fi~~,:~$$Cqyis~~oray,direct issuance o f notice

to the public functionary in the presc;ibedForm, affo rdin g him pn

oppo&nitr b : m & m , ~ h s ~ ~ ~ & n m m a d e .here .the com miss ion'

directs the issuanse o f notice, the complainant shall furnish R egistered

o r

Speq

post [~n;elb&&f&'& s a k e o f the respondents and the



functionary concerned to submit his statement o f defence within a

period specified i n the order. If upon consideration o f he statement o f

defence and the report o f the C ompetent Authority, the Comm ission

considers that further inquiry or investigation i s required to be

conducted, i t shall afford to the pu blic functionary a further op portunity

o f time prescribed by the Comm ission not exceeding tw o m onths to

submit his defence, if any, and thereafter issue appropriate directions

k~he complainant and the Public Prosecutor for production o f evidence

in support oft he allegations evelled against the pu blic functionary with in

a specified time.

( 2 ) The evidence i n support o f the allegations may be subm ined

in the form o f aff~ da vits hich shall be treated as examination-in-chief

and the copies thereof shall be furnished to the public functionary.

(3)

On submission o f the evidence i n the form o f aff idavits, the

Com mission shall inq uire from the public func tionary as to whether he

desires to cross-examine any person who has filed aff ida vit against him

and, i f he so desires, affo rd h im an opportun ity o f cross-exam ination.

(4) The complainant or the Public Prosecutor shall be under

obligation to produce such person before the Commission for cross-

examination by the pub lic functionary. After cross-examination, if so

desired, is complete, the Comm ission shall aff or d an opportun ity to the

Public functionary to lead evidence in his defence. The defence

evidence shall also be submined i n the form o f duly sworn affida vits

w ithi n the time specified by the Comm ission and the other side shall

be afforde d o pportu nity t o cross-examine, i f so desired, any such person

who has f i led a ff i da v~ t n behalf o f the public functionary.

( 5 ) The complainant, the Public Prosecutor or public functionary

may seek the assistance o f he Com mission for production o f any person

as their witness or summoning o f any record from any of fice in support

o f their respective cases. I f the request is found to be genuine, the



for the purpose of addressing arguments, unless sufficient grounds are

made out for adjournment to the satisfaction of the Commission. and

the case once adjourned shall not be adjourned again.

7 .

Procedure in contempt matters -To deal with a contempt

matter under Section

20

or proceedings under Section 22 of the Act,

the Commission shall hold summary inquiry and

ifprimajucie finds the

person guilty for contempt, afford him an opportunity to lead evidence

in

defence, if any, within

a

period of two weeks. Every petition for

contempt shall be disposed of as expeditiously as possible and within

a period of two months from the date of appearance of the contemnor

before the Commission.

8.

Utilisotion

of

services of other persons.--(I) For the

purposes to exercise powers under Section

26

of the Act, the

Chairperson may authorize Registrar or any other oftjcer of the

Commission to utilize theservicesofany officeror investigatingagency

of the State or any other Frson or agency.

(2) For the purposes of holding inquiry and investigation. the

Chairperson may authorize any of the officers to exercise the powers

vested

i n

a police officer under the Code of Criminal Procedure.

(3) The chairperson may authorize the Registrar or any other

officer of the Commission to exercise the powers vested

i n

the

Commission under Section 14 of the Act.

(4) No fee shall be chargeable on any complaint filed before the

Commission.

9. Procedure in suo moto actions.-In cases where the

Commission intends to take suo moto action, the substance of



custody of the do cur nen ~s lrr(~ l)

'

summon/notice in Form-D.

prescribed i n the Schedule appenged to the rules, shall be sewed upon

the public functionary along w;th'dco& o f com plain t or the substance

':of the allegations and copies o f the a ccompanying documents to be

relied upon i n sttpoort o f the substance o f the allegations durin g the

inqu iry and investigatlon.

(2)

Every summ ons/noticcunder Sub-Regulation

(I)

ha ll be sent

to the concerned by registered

pi

peed post or eourier service. I f

the sum~nonshtotke

nd

the sf tk e d e w w n ts sent under Sub-

Regulation (l,)~ ?e not~

,

. e t u r n ~ d , v , e d:.,,,>

,..:

,. ? un-~ d;r$h in a reasonable

time t o the Commission. ~t hall be oresuhe d thht suc summons /notice

and the do fu m gt s have duly been served upon the public functionary

:

r tne cQ C & i ~ p p W t ,

: w ~ , : ; ,.,..,,,

; . . . , _

/

.

. , ,

1 .

<,l'l;L,

I

I.

~roc idh re ' j f d r . hfo in i~ r i ~ rcopy fi~i idi.uhgernmt or

order.-Any person entitled t oo bt ai n c ~ i W : c q ~ y

f

@ ~ ~ f l j q $ d e r

the Act and'the Rules. may a

ply

to the Registrar or any other off ice r

o f h d m d s s i o n ,

~glany

Pspec iaUyauth oriled by& Chairperson

and the requisite copy w i ll be supplied

on

payment o f he copying fee

i I..

, , ',,

as

pte s c k tbe d ( i e ~ nde t~ ;.

, ,,;1 <'..

. , .

(i) For every copy o f judgment1 order up to ten pages

consolidated copying

&&VIM.

i € i / i i i v i l? ' tk dbtu.g&f:nnd

Rs. 501-

if

he udgment/

i k i w ~ ~ d F &

kbhl&pages

;

(ii)For obtaining a ce rtified copy o f any record, judgmenv

,order urgently, the copying fee shall be double the

aforesaid amount ;

(iii)

An application for obtaiaing certified copy shall be

accompanied by stamps o f requisite denom ination :



(v) An application

for

obtaining certified copy shall be file d

before

the

Registrar or any other officer duly authorized

by the Com mission for that purpose. O n receipt o f the

application

the

Registrar or.the authorized office r

as

the

case may be shall make

na

endorsement on the application

showing the date o f ilin g o f the application, the amount

o f he copying fce deposited wi th the Commission and the

expected date for delivery o f the copy. The date for the

supply o f he copy shall also be notified t o the applicant.

12. Insp ec tion of records.--(I) Reco rd o f pending cases

will open to the inspection by the parties or their authorised agents

or Advccate or Va kil o f the Court who is duly authorised to act in the

case

:

Provide d that the inspection o f record shall not be perm itted on

the date fixed

for

hearing.

(2) The inspection o f

he

records o f decided cases w i l l be allow ed

only,un&r the

ordcrs

o f

the

Chairperson or in his absence the next

Senior Member.

(3)

A n application for the inspection o f record shall be made by

a pe tition d uly stamped w it h a court fee o f Rs. 51-.

(4)

Every application for inspection shall specify clearly :-

(a) dii pa rt ic ul w o f he -d or paper o f which inspection

is desired

;

(b) the party or the person on whose Oehaif the app licatio n i s

made

;



( 4 )

13.

-of

the

C-ksh.-(I)

The

stmu@h

and

composition

o f the staff of tbc Accoolrcrbilky Commission shall consist o f sueh

o f i c m

u

are specifbd in Akncxwc-A a d sueh other officers1

employ& u hc

Gomnor

m&y detcnninc fran time to time in

cons m

wi(h

tke Commission.

4 2 )

TIMqbpointmats to the

posts

specif4 in the Schedule-A

s h a n k

ado

:-

(a) By direct mcmitmcnt

;

as

preacrikd m

the Schoduk against c r h post.

(3)

Tkc

sWT

f UI

Comnisria, shall

bc

wbjcct

to exclusive

adminiatntiw dd ir ip l in ar y cat ol Y d d k c d i oftheCommission.

(4)

Tkc Jammu wd

dmk

C M S m i s Clmitiwtion

and

Contml ( A w l ) Rubs, 1955

ad*

a d m o fof Commission, issued

from time to time, sk.Happly to thwmit ment , postingand promotion

to thepwtso l6kesmffo f theCearrkr ion .

(5)

The

d i t i o n s

o f sew o f a

pawn

on

the

staff o f the

Commission All

k govaasdbythe J&K Civil &vices Rqplationq

J K Civil

Smieg

Cbssifmiond

amol

(Appeal) Rules, 1956and

the orders o f Ute Commission

i d

ran tiRIC h time in respect of

Government servants holding correspondingappointments.

(Sd.)

SYED T. A. NAQSHBANDI.



ANNZXURE

'A'

>.

S. C.tc#~ry of Post No. of Method of Minimum Qualification

No. Posts rscruitmHlt

1

2

3 4 5

I B y d a p l t r t l o n f r o m G a v ~

-1 or

Hi*

CouH or by

dlosdt

moruitmrm

if

retired.

3.

Accounts

O f F h 2

Bybcplt.#an&omFinmcc

Department.

% ic. 2

By deputation.

Who is or h.o

been

~ . ~ . m m o ~ r ( l ~ kn

Government of JdtK or

Judicial services of the

State.

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6.

Head Assistant

2

By deputation. ,

7.

Accounts Assistant

4

By deputation.

I

8.

Sr. Assistant

2

By deputation.

9.

Jr. Assistant

I0

75

by deputation or by

direct recruitment and

25

by promotion from Class IV

Employees.

In case of direct

appointees must

be

g r a J , ~ . t ~ith knowledge -'

of typew~ ~ r ingaving not

8

less than 35 words speed

'

per m i k e w ith

six

months certificate course

in Computer Applications

from

a recognized

institute and by promotion

from Class IV employees

having

10+2

qualification

type knowing with six

months certificate course in

Computer Applications.

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18. Computer Operator

12.

Telephone

OperatwJReceptionirt

14.

Despatch Rider

IS.

Jamadar

16. Orderlies

17. Home Orderlies

By diwct recruitment.

By

direct recruitment.

By direct

reciuibntat.

75

oy

direct

recruitment

and

25%

by panotion rtc pry

Wa 14 who

posfcssvrlid

driving

tios

By

direct

recruitment

By

Qputadon Imm Government

or

judicial services or

by

promotion from category

16.

By

direct recruitment .

By

direct recruitment

Must

possess three years

Diplom a Engineering.

Must be B.

Lib.

As

prrscribed

by

tbe

Cmmmcnt o f M K .

As prescribed

by

the

Government of JBK.

As prespibed by

the Comm ission.

do.

As p m d k d by

th e G o w n n e n t o f

J K.

As preswi'bsd by the

Government of

J K.

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IS. Chowkidars

19. Sweepers

20. Gardeners

I Principal SecRLary t o

Cha l ipe 'bn

4 ' B y di tet t recmitmknt.

I Ely ddpatatibn fmm the 1&K

Cwrt if

in

M i c e and

'by c kect r a t h l i m t if m i d .

2

By

fmm

the

I L K

Mgh'couttlif in

sehlce

and

'

b)

d h

ehrritnrd if tetircd

'As prescribed by

bhe Government of J&K.

As prasclikd by

the G ova nm snt oflJ&K.

-

V,

N

-

Must

be

or has

km

a

'

D i n t .

& Sessions

J d g e .

Who

is

o r

has

been a

Wbty

Registnr

in d&K

High

Contt.

Must be

a

Law Graduate

h v i n g a t k t ycars o f

emperfence at

the

Bar.

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4. Public hosecutor 2 By d k d appointment

5.

Assn. Public Prosecutor 2

r)r

direct *ppointment

6. Judgment W riters

4

By bqputs(ion from JBK High

Csun or by direct recruitment.

7. Court Officas/Master

2

By deputatjon from JBK High

Court or by* direct recruitment.

9.

Copyist

2

By deputafion from the High

Court or Government.

2 By deputation or direct

recruitment

Must be a Law Graduate

hav ing a t l e w 10 years

of experience at Bar.

Must be a Law Graduate

having at least 5 years of

experience at Bar.

Who is or has

been

a

Judgment Writer in JBK

Judicial Services. -

(II

W

Who is or has been a

Reader of the Court in

JBK Judicial Services.

Who is Jr. Assn. if in

service or who is eligible

to be appointed as Jr.

Asstt.

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I 2

3 4 5

lavest lsr t loa Wlas

I . Addl. ffiIIGP 1

By

deputation.

2. DIG

2

By

deputation.

3.

SPs 4

By

deputation.

4.

DSPs 4

By

deputation.

5: Inspectors

6

By

deputation.

6.

Sub-Inspectors

I2

By

doputstion.

7.

ASls

I2

By

deputation.

8. Head Constables

24

By

deputation.

9.

Constables

10. Police Clerks

4

By

deputation.

6

By

deputation.

I I

Police Drivers

7

By

deputation.

TecbalcaI Wlag

I Supcrintendit~g

I By

deputation.

Engineer

2. Executive Engineer 2

By

deputation.

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