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State of Jharkhand - Section

Section 5 in The Jharkhand Law Officers (Engagement) Rules, 2018

5. Selection Committee and Engagement.

(1)The Selection Committee shall consist of the following, namely:-
(a) The Minister/Minister-in-Charge, Law Department - Chairman
(b) Advocate General - Member
(c) Principal Secretary-cum-legal Remembrancer, Law Department - Member Secretary
(2)The Selection Committee, on receipt of the recommendation made by the Search Committee under Rule 4(2) of these Rules, shall recommend to the Government for engagement of such Advocates as Law Officers in Jharkhand High Court and the Supreme Court of India on the basis of the eligibility criteria set out under these Rules and their experience, integrity, reliability, reputation, merit and suitability.
(3)On the recommendations made by the Selection Committee under sub-rule (2), the Government shall, by order, make the engagement of Law Officers to the various categories of posts in. Jharkhand High Court and the Supreme Court of India and shall issue order(s) of engagement of Law Officers including such terms and conditions as may be determined by the Government in this regard from time to time.
(4)The Government Counsel for Tribunals, other adjudicatory bodies constituted by or under any other Court of law of the State, except the Civil Courts, or in case so specially required for any particular Department of the Government shall also be engaged by following the provisions of and on the basis of eligibility and criterion under these Rules by the Government and such Counsels shall discharge the duties similar to those of the Law Officers under these Rules.
(5)
(i)For engagement of Law Officers for Civil Courts of Jharkhand as mentioned in Rule 3(3) of these Rules the Search Committee shall consist of the following namely:-
(a)For Public Prosecutor-The District Magistrate and the Superintendent of Police of the concerned District.
(b)For Government Pleaders-The District Magistrate and the Additional Collector of the concerned District.
(c)For Additional Public Prosecutor-The District Magistrate, the Superintendent of Police and the Public Prosecutor of the concerned District.
(d)For Additional Government Pleader-The District Magistrate, the Additional Collector and the Government Pleader of the concerned District..
(e)For Special Public Prosecutor-The District Magistrate and the Superintendent of Police of the concerned District.
(ii)The Search Committee constituted under sub-rule 5(1) in consultation with the District and Sessions Judge for the concerned district shall prepare a list of names of Advocates on the basis of the eligibility criteria set out under these Rules and their experience, integrity, reliability, reputation, merit and suitability and submit it to be Principal Secretary-cum-Legal Remembrancer, Law Department.
(iii)The list so forwarded by the District Magistrate shall be placed before the Selection Committee constituted under Rule 5(1) of these Rules and based on the eligibility and qualifications as provided under these Rules and also their experience, integrity, reliability, reputation, merit and suitability the Selection Committee shall prepare a panel of names of Advocates for engagement by the Government on the categories of posts mentioned in Rule 3(3) of these Rules. On such recommendations made by the Selection Committee, the Government shall, by order, make engagement of Law Officers to the various categories of Posts in the Civil Courts of Jharkhand:
Provided that the engagement of Public Prosecutor and Additional Public Prosecutor in the Jharkhand High Court and the Civil Courts of State shall be made as per the provisions as contained in Section 24(3) of the Code of Criminal Procedure, 1973.Provided further that in respect of such selection, the provisions of sub-section (6) of Section 24 of the Code of Criminal Procedure, 1973 as substituted by Bihar Act 16 of 1984 shall be applicable.
(6)The Search Committee while making recommendation of the names of the Advocates for their engagement on various categories of posts shall have regard to the facts that the list of the Advocates so recommended contains proper representation of all sections of the society.
(7)The Search Committee of the district shall recommend the names of the Advocates, upto twice of the number of vacancy of the Law Officers as determined under Rule 3(4) and Rule 3(5) of these Rules.