.. / ~/ , ..... ~ ... " : t f_' t· - [L. ~·s Librar y J Registered No. - 768/97 .,. -~ C- ~d"' . ""'f"l I~ -~ -1 • · ·EXTRAORDINARY m~\<t>4~Cit ~ ztq;IP,!'-' PUBLISHED BY AUTHORITY .. , i1~ 27 f'M~. ~. 17 ~' 2003, 28 Il'N 1924 (~). No. 27 ·.Dispur,' Monda1 ,' .. '17th' Fefu.ua·cy, 20{}>3j 28th Magha, 1924 (S.E.) ~- .. GOVERNMENJ:f>F ASSAM; , . ORDERS BY THE GOVERNOR JUDICIAL DEPARTMENT: : JUDICIAL BRANCH . . NOTIFICATION T~e 1J~th Fe~ruary, 20Q~. .. ;~~ ' .,. No. JDJ(E) 110/80/ 137 .-·In exercise of the powers conferred by the proviso to Article 309.read with Article 234 of the Constitution of India, the Governor of Assam . . - . ~ ;., •' ., . . ., _. . ~ is pleased. to make in consultatj9JI with the Gauhati Kigh .Court the follo_wing rules regulating the recruitment and conditions of-service of persons appointed to th~ Assam Judicial Service, namely·:- · .. ,.
1. (1) These rules may be called the Assam Judicial Service Rules, 2003.
(2) They shall come into force on the date .o.f their publication in the official .._. . . Gaz.ette.
2. In these Rules, unless there is· anything repugnant to the subject or context :·
3.
(a) "Assured Career Progression" in short "ACP" means time bound scale as ,. '>.may b~ _provi~~~: in· the ROP Ru!e-~ to be fr~me1f for the purp~se, {b) "Chief Justice" means the Chief _Justice of the Gauhati High Court,
(c) "Constitution" means the Constitution of India,
(d) ~Commission~· rnea~s T~~ Ass~m Public Service Commission, -"' (e) ,;E~istin~~~ember~ of the Servil;e~' means.the offi~ers ,who .have be.e,n holding . - . :.. - . . ~ the posts under the Assam Judicial Service Rules. 1967, as amended, ~ •. (f.) "Government" means the-:Gover.nment ·Df Assam~ :· .·_ ,,
(g) "High Court" means "The Gauhati High Court",
(h) '~.M_embers, of the Service" .~eans the officers jippointed or deemed to have : been aPtJointed under the provisions .of thes~ Rules,
(i) "Service" means the Assam Judicial Senrice, ij) "Year" means the English Calendar Year, There shall be constituted a service to be known as the Assam Judicial Service, consisting of three grades of officers as shown in Schedule 'A' appended to the Rules. _ .. _ ... ·,.__.;.. ... -·-~ --·---··-- ------ - - - - - - --- THE ~ASSAM GAZETTE: EXTRAORDINARY, FEBRUARV 17, 2003 183 SL ·Cadre N9. 1 1 Grade-I · ·~ ' Method of Recndtment Qualification age limit etc. 3 Q) Not exceedng 25% of.- ·ay-dreet reauitment the Posts in the ,cadre . may be fitted by drect · . 1. reauitment oh the basis of the aggrag~te· · marks I grade secured 2. in .. a ~e exarrination conducted ; by the High Court •. as specified -in Schedule -~~ of the Ruies. Must be flolder of degree in law I of a reoogniZed University. 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 Jess than seven years as on such date.
3. Must have attained the age of· thirty-five years and must not have attained the age of-forty . ~t years in the case of .' candidates belonging to . ,
(ii)SO%. of the posm in the cadre ·shall be · filled by prontotion from the cadre of Grade n of the service on the basis of merit cum seniority by the -·High Court, following the criteria in'Schedule-·E. Q.ii) Remaining 25% of · 4 .. the caae of the service , . . shalt · be filled up by_ promotion strictly on the . basis of merit through · linited departmental competitive exaflination as <;>nducted by the High Court in schedule ~- of t!l& spedfied Rules. Scheduled . Castes or · Schedules Tn'bes and forty ffye years in the case of I others, as on the last date I fixed for ~ receipt of I applicati<W,S • Must have been in the cadre of Grade-II for a period of not less than 5 yeaqt. -· .. . - . " THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 1 ; , 2003 185 ' (a)
(b) Unless he is a citizen of India; If he is_ dismissed from service by any High . Court, Governm~nt or statutory or local authority; _'(~l · ..
(d) If he has ,been convict~ of an offence involving moral turpitude or who is or has been pennanently debared or di$tlualified by the High Court or the Union PubUc Service . Commission or any State Public Service Commission or any State ·Public Service Commission from appearing for examination or·selections conducted by it; , If he directly, or indirectly influences the recruiting authority .by any means for his candidature; · (e) ·1f ·he i~ a man, has more· than one \We living and if a Wciman, has married a man:alr~y hErJing another wife. · . . .
10.RECRUITM'ENT ~
(1) Jo fill a vacancy_ required to b.e fiUed .by promotion the recruiting authority shall take all necessary steps well in advance so as to finalise the list of persons considered .eligible for promotion at least 10-15 days before the occurrence of the vacancy. ; ~ i· . .
(2) . {i} Whenever two or more vacanci8$ required .to be fiHed by direct . recruitment oC<IUf in .. a cadre in the service or once in two years , whichever is earlier, the rerirui6ng · authority shall, invite by advertisement in the .official Gazette and -in at least two news - papers , ~plicatioris in such form ias it may determine from intending candidates, who poSsess the prescribed qualifications. The advertisement shall indicate. the number of vacancies reserved fqr Schedule Castes , Schedul.e· Tobe, Md other backward classesf if any I . and !hall contairl' all. necessary information relating to the tecruitment I~ , sh~J al69· · indi~ that an additional list of . Selected candidates would be prep~ed ~ p~ clause (iv).
(ii) Tbe _decision of ~ rec~ng :$1thority as to the eligibility or oth9oMse of a candidate for admi$si0n to the written and viva voce examin8tio~ shall be final . No 'ean~i~·~ ,. to whom certificate of admissi6n has not been iss~ed . by ·ttie~.recruiting authority shaH be ad,nitt&d for the examination. · · · Oii) The recruiting authority :.~halt on ·the basis of cumulative grade value secured by a candidat~ ; a·Dd taking into consideration . ' . .. . .. . ' \, the 9i'C1ers, if any, in force relaUno; t~ · · reservation of posts for ~--- ---- Sch9dul& Tribes and other backwaid ·:cl8$Ses, prepare in the order . of merit,~ asse~se~a pcqvided in' ·.Sc.it~Ufe B, a list of candidates to b~ included io the Ii~ which · s.h·all-. b8-,equal to the number of ·vacancies notffiect . ·· ' .. . . .. · . . - -- ---- THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY · 11. 2003 :_ 187
13. - . JOINING TIME FOR APPOINTMENT- i. A candidate by direct recruHment sh~H report for duty before the authority on the date specified in the order of appoinfme_nt 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 yi,'f'iting, grant such further time as it may deem aecessary. iii. The name of the candidate who fails to assume charge of the post within the time specified in the sub-rufe ( 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.
14. TRAINING ( 1) There shall be a .·training Course for the Officers appointed in Grade 111 of the service. and direct recruits in Grade--1 of the · service, as the High Court .may deem fit and proper as per the Schedule-0. {2) The High Court maY arrang~ Refresher Course for officers of all cadres from time to time. The Judicial Officer may also be deputed for Training/Refresher outside the State or outside the country in consultation with the State Govt.
15. PROBATION AND OFFICIATION ( 1) All appointments to the service by direct recruitment shall be on probation for a period of two years.
(2) All appointments by promotion shall be on officiating basis for a period of two years. ' -
(3) . · The period of probation· or officiation, as the case may be , for reasons to. be recorded in :writing, may be extended by the appointing authority by such period not exceeding the period of probation or officiation, as the cas~ m:ay be , specified in sub-rules( 1) · or (2). -
(4) At the end of the period -of pro~ation or officiation or the extended-period of probation or officiation, as the case may be , the aj,pointing authority shall .consider the · sultability of the person so appointed or promoted to hold the pQSt to which he was appointed or promoted, and - T~AS~AM GAZ~TTE, EXTRA~RD~ARY, FEBRUARY 17, 2003 189
(9) lncrement·durtng the period of probation or o~ciatlon·
(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 satisfactotjfy completed his probation or officiation, as the case may be.
(b) When a probationer or prqmotee is declared to hav~ · · · Satisfactorily completed his probation or officiation, as the case may be ' he shall draw, as from the date such order takes effec~ 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 maybe. · (10) Notwithstanding anything contained in sub-rules (1) and (2) where validity of the appointment of any person-·
16.PAY. (I) (II) (Ill) (IV) . ·M {a) as probationer is questioned in my legal proceedings ·before a Court of law, the period of probation of such person shall continue tintil the final disposal of such proceedings. .. . .
(b) as apromotee on offipiating basis is questioned in any legal proceeding, before a Court of law, the period of officiation of such promotee shaft continue until the final disposal of such proceedings: The pay of all the members of the various cadres of the services shall be as shown in Schedule·A appended to thi:: Rule. The Time Scale of Pay admissible to the members of the service . shall be as shown in Column 3 of the Schedule C. This wm be . personal to the officer and not ~ched to the post The Special Pay/Charge AliowaneEjr admissible to different post shall be such, as shown in Scheel*. ~: C appended to this Rule. The Special Pay and Charge Al!owai:tee, shall be attached to the post and would be available to the person holding the post. . . The Registrar/Deputy Registrar and Asstt Registrar shall be entitled to Special Pay: if any, AS l~d down in the Gauhati High · Court Service {Appointm,n~ ConditiOn of Service and Conduct) Rules, 1967. · The Selection GrSde Pay an.d SuP.er. Time Scale Pay for members of the Grade-I of the ServiCEi shall be such as shown in ,.. . . ;, . .. ~------- --- - -- - - -- - ·--------------------- THE.ASSAM GAZETTE, EXTRAORDINARY; FEBRUARV=t7~ 2003 3· 191 ··. > ., .. ' ~: ·. ·~. , -· . . .. '~:.. Qi) The promotion of the officers under the various Grades in the Service shatt be as per the criteri~ laid down in· Schedule-E. 1 '.,,s. ·\ .. :. \../.· . " .... ·.-· . . . . . ... ·· -... ~· ·--~. l
19. RETIREMENT. ·,.. · .. ·• : A. Except as otherwise provided in this Rule, e~ery J.~dicial Officer shall retire fr.Om service on the aftemoo.n .5>J the last date of the month in which he attains ~e age,G{.58Jears. Prov.ided that all Judi~al· Officer wttose date-· of .birtb.: is the 1st day of a month shall retire from service on the. afternoon of - . "· - Jh~ last day of the preceeding .month on attaining the age of B. · 58 years. .. /. Notwithstanding anythin.g contained ·in Cla~~ A, .above, a Judicial Officer belongjn.g to the Assam Jud-Service, who in the opinion of the High Court, have the potential to continue with his/her servicer shall be re~ned in service upto 60 years.
1. The potential .tor continued utility shall be assessed and evaluated by appropriate Committee of Judges of the High Courtvconstituted and headed by the .Chief Justice and the e\laluation shal! be made on the basis of the officer's past record of service, character ron, quality of judgements aod other relevant r:natters. ii. The High Court should· undertake and complete the exercise well within tim·e. b.efore the Offi~r 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. Ill. 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. .:.' IV. In case the officer concerned is found not fit for retention beyond 58 y~, the. High Court may inform the officer that he wo~ld'. ~tand retired at the age of 58 years, V. An officer shall be deemed to have been denied the ben~fit of extension unleSs a specific order'. to that effect is passed and cQffir:nu11icated . - ----- - - . -- - --- -------- -- [ .... ( L. R's~ Library J THEASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 17, 2003 193
(2) the members of the Service directly recruited from the Bar to Grade - I of the Service, having not tess than 10 years of actual qualifying seNice, shall be entitled to add to their service qualifying for superannuation pension, .. th6 actual period of practice p_ut in by_ him at the Bar not exceeding seven years.
23. RESIDUARY PROVISION. The conditions of service of the members of the service far Which no express provisiof! is made in these rul~s shall be determined by. the rules and orders for the time being applicable to officers of l~dian Administrative Service in the State.
24. A.Conduct - A Judicial Officer appointed urider the Rules shall be " required to maintain the integrity and conduit ~mself in confonnity with the dignity. of the office he holds. He should follow the Code of Conduct as provided in Appendix - A to the Rliles., ·· B. Dlsquallf~catlon ( 1) A judge shall disqu~flfy himself or herself in a proceeding in. which the· Judge's impartlaHty might reasonably · be questioned, including but not limited to instances where ; . a) the judge has personal bias or _prejudice concerning a party or a party's lawyer, Oi ·p.ersorial .knowledge of disputed · ._evidentiary facts concerning ihe prOceeding; ~ . . " b) the judge served as a lawyer in.the matter in .~troversy, or lawyer with whom the judge p~eviously practised law S8!Yed during such association as a lawyer concerning the matter, or the judge has been a material Witness concerning ~ ; c) the· judge knows that he or she, individually or a fiduciary, or the judge's spouse parent or child wherever residing, or any _o~er member of the judge's farriily 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 St!bSta~tially affected by the · proceeding; · · · d) the judge or the judge's $pouse1 '.or· a person within the third degree of relationship to either ·of ·~. 0r the spouse of such ·a person; · · i. is a party to the proceeding,. or an officer, director or trustee of a party; .. ii. is acting as a lawyer-in the proceeding; iii. is known by the judge tQ have intere~ that could be substantially affected by ·t~e proceeding; iv. ,. is to the judge's knowledge·fikely to be a material witness in the procee9ing .. .....,._ ___ :=--_,_ _ __.;_. _ _ _ ----·- - ·-- -~-- ,..., TffE:ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 17, 2003 195
SCHEDULE· A There shall be three Grades o.f service, namely:-
(a) Grade-I
(b) Grade-ti
(c) Grade-Ill. GRADE-I Sf. Name &·Posts En No. of Posts Scale Of Pa~ Remark$ No. 1 Super Time Scale 100..b Posts in As maybe District & Sessions Grade-I at St fixed by the Judge 3 to 10. State Govern -ment from I time to time.
2. Selection Qade 25% of Posts · 1 District & Sessions in Grad&-1 at I Judge SI. No. 3 to
10.
3. District & Sessions 21 ·· Judge
4. Addtional District & I Sessions Judge 7
5. Registrar General 1 I
6. Registrar (I & E) 1 I
7. Registrar (Admn.) 1 I ·1 a .. Special Judge I 1 ~·
9. Principal Judge, 1 Family Court ·
10. Presiding Officer, 3 Industrial Tribunal. · 11. Presidng Officer 2 I Labour Court. .
12. Judge, Designated 1 Court. J 13. Addi. Judge, 1 Designated Court. ~· - - -- --· -- . --- ,,, .... ~· THE ASSAM GAZETTE, .EXTRAORDINARY, FEBRUARY 17. 2003 197
SCHEDULE 'Br COMPETITIVE EXAMINATION.
1. The competitive examination fot recruitment to Grade-I of the Service shall ·consists of - A .. FOR DIRECT RECRUITMENT ~ . PROMOTION UNDER LIMITED DEPARTMENTAL EXAMINATION: · (I )A competitive examination for recruitment to the service in Grade-I shall be held at such intervals by the High Court~ time to time as determined. The examination shall be conducted with the syllabus as below:
(i) Paper -1: One Pape-.r of 100 marks (duration not less th~n 2 hours) to test the General· knowledge, aptitude, .intelligence, test of comprehension and expression of law and General Engfish including Essay· . Writing on · legal topic and infonnation . technoJogy. · ·
(ii) Paper -H: One paper of tOO marks of not less ·. than 2 hours duration regarding obj~tive questions and ·problems of law as regards the ·Tran sf er of Property Act, Civil Procedure Code, Gode of Criminal Procedure, tndian "Evidence Act; Indian Penal Code, Limitation Act -. .. Ii" ' .;."'. . . ·'•- (iii ) Pap.er ..;..Uf: One paper ~f 100 marks (duration not les~ . than two hours) - consisting of Judgment writing (Paper Book to be _supptted) - Legal theories . · ~· on jurisprudence, proyision of ·constitution of India. · · ., ·· ·,. ..
Note: (The . candidate is e>(pected to refer to the ._ relevant decisions of the Apex Court and the Higb .. ~ Court while writing answers in Pap.er II and Ill). ~J .:: Interview: Viva-voce - 50 rriarks.
2. The Competitiv~ -c.Ex~rnination for recruitment fo Grade-Ill of the l Service shall be held at such inter-Vais as the Governor . may ,Jn consultation with the High Court from tiine to ·time detennine. The examination .shat be conducted by the High Court in accordance with the following syllabus.
(i) Paper on English - 10f}marks.
(a) Essay writing, {b} Precise writing, © Grammer etc. ~· . ~ . THE ASSAM GAZETTE, EXiRAORDINARY ... FEBRUARY 17, 2003 199 EVALUATING PER'FORMANCE IN· COMPETtTIVE ·EXAMINATIONS FOR JUDICIAL SELECTION . The system operates as follows : 1) The questions in the question paper may carry numerical. marks for : each question . 2): TJ,le examiner may assign numerical marks for each sub-question which m~y be totaled up and shown against each full question in numbers . · · 3) The tabulator will then convert the numeric.al marks into grades in a seven point scale with corresponding grade values as follows : ' I - . . ------~-------------~------------------~----~~------~~~-----~-~-----~~~-·-. . . .. : Percentage of marks Grade Grade value ---- ·- 70 % and above 0 7 65%to69% A+ 6 60% .to64 % . A 5 55:% to 59 % , ... 13+ 4 " 50% to54% B 3 .... 45% to 49 % C+ 2 40% to44 % c 1 BEilow40% J .. F 0 'I .':":- . , ~ ~ -. 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 Jo the value given in the third column above . - • What is now oDtained is the relative Grade value of each answer in ' - the question paper obtained by the candidate jn a seven point scale . (i.e. 'O' to '7') ·• The tabulators next task- is to add up those Grader Values and . ., divide the sum total by- the numbers of g,u~stions- in the answer book including the qu.estions unanswered by the ca!ldidate. What is thus ·obtained is.the Cumulative Grade Value Av~rage (CGVA) obtained by the candidate at the examin.ations. Suppose the CGVA comes to '4' ,, the grade obtaineq by_· the candidate at the examination is "B+~ .. If the CGVA is '6', the Grade of the candidate is 1'A+". 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 evalua6on and brings in relative objectivity and fairness to much higher degi·ee·. Of course, the tabulation r-ecord sheet can carry the numerical marks as well for reference. and re-checking whenever -..i--_._ __ -~ -- 4 •• ' · . . . ;r . , .. ~· ~.· . THE ASSAM GAZETTE, EXTRAORDINARY, FEBRU,-:\.RY 17, 2003 201
SCHEDULE -C , . Special _Pay.· 1. - The members of the service may be given . .Special··pay as fixed by ~he State Govt. from time to time. ·The · special pay shall be attached to the· post and: not the officer.
2. ·Charge· Allowance: The State Government ln consultation with . t~e High Court may provide for charge allowance ·to the members, at .the rates to be fixed, from time to time. ·The charge . allowance· ·sjhall be attached to the post.
3 .· Time Scale Pay : The State Goyernment may grant Time Scale Pay to the various grade of officers for assured career · progression. The pay scale shalt be personal to the officer . . i ... . . : : .... ·, . . : : ;. . • . . · i---------'--'--~- - - -----·-··· -- ·---· . » ;..rc-;4 ·.-' · . . : . :> . ·!' THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 17, 2003 . · ' "203 . ·:.; .. '. J· • '• :. ••• . .. . -~ ... diary. They. will be. under the superv1s1on of the concerned District Judge. This training shall be for a period of 3 months. On completion of the training they _ will submit a report to ~he Director, TRAINING INSTITUTE. b) After the field training, there will be a g~p of two weeks and thereafter th~ officer shaft report back to the Director, TRAINING INSTITUTE for further training of 10 weeks. In this period the trainees will give the feed back and the Training Institute will take steps to remove all doubts in the mind of the trainees a~. reg~rd the working of the Courts or any law point . raised by them. On completion of the above· period the trainees will be· pos~e~_ out. ,· .. ! ;, . .. . . - I - - ·---- . ~ --.. [L. Ws ifu·~;I;J THE ASSAM GAZETT E, EXTRAORDINARY, FEBRUARY 17. 2003 . 205 · APPENDIX~ A.
(1) Should u·phold the.Integrity and Independence of Judiciary" An lndependent:and honourable- judiciary is indispensa~le to justice in our sqpiety .. A judge should ·participate in establishing, maintaining and . ·· ·~riforcirig . ~nd shQuld . personaUy . observe, high · ·standards Qf conduct"so that the integrity and independence of the judiciary ·may Q~ preserved. A judge shafi. always be aware th.at the judicial system is for the benefit of the liti_gant and the p;Ul}lic, and not the judiciary. The provisions of this chapter should be construed and applied to further these obj~tives.
(2) Shoul~ avoi~ impropriety~ {i) · Public confidence in the judiciary is ·eroded by irresponsible or improper conduct. by judges. A judge must avoid all im,propriety and .appearanc.e of impropriety. A j udge must e~ect to be.the subject of constant public scrutiny. A judge · must therefore accept re5trictions on {londuct that might be viewed as burdensome by the ordinary citizen and should do . ,so freely and'willingly . . . · . . (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 · per-Sona! characteristic, a judge; should treat e·very person · .faiiiy, 'wlth C<?urtesy and respect. ,
(iii) A J~dge shall not allow family, social, or other refationships to hlfluence his judicial conduct or judgment. A judge shall nof lend the prestige of judicial offioe 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 influenc~ t~e · yu.dge. A judge shall not appear as a character witn~s& · in a Court proceeding subpoenaed.
(iv) A : Judge. shall not allow ~acti~ity . as a member of an org~nitation to cast . doubt~n ~;judge's ability to perform the ·function of the office in .. 'a·.rfianner eonsistent with the code of judicial con~uct and .-tti~ Jaws of the State. A judgwe shall not hold the tnembership. ... of an· .organization activities of which discriminate, or appear:: (liscriininate, on the basis of race, gender, or other protect~ personal characteristic. · N_othing in this ·paragraph ~oolg. be i·nterpreted to diminish a Jµ,dge's right to free exercise ·oftejigion. ' :'. .•.:: ·'' ;;. THE ASSAM GAZETTE, EXTRAORDINARY. FEBRUARY 17. 2003 207 f.. .. I '
(x) (a) A judge may properly intervene in a trial of a case to promote expedition, and prevent unnecessary . ' · waste of time, or to olear up Sortie ot)scu.rity, but the Judge should bear in mind that undue interference , impatience, or participatio.n .'in. the examination of witness, or severe attitude. on the judge's part toward Witness, especially ·thos'e, who are excited or terrified by the unusual circumstances . of a trial, may tend to prevent the pr-oper.presentatior,l of the cause, or the ascertainment of truth in respec.t thereto.
(b) Conversation between the judge and counsel in Court is often necessary, but the. judge should be studious to avoid controversies t~at apt io obscure· the m·erits of the dispute between litigants and lead to unjust. disposition. In addre$sing counsel, litigants, or witness, , the judge should avoid a controversial manner or tone . (c.) A judge shall ·avoid interruptions of oounsel in their arguments . except to clarify their positions, and should not .. be tempted to the unnecessary display of le~~ing or premature judgment.
(xi) Ajudge shall adopt the usual and accepted methods of doing justice; avoid the imposition of humiliating acts or discipHne, not authorised by law in sentencing and en~e.avour to conform· to a reasonable standard of punishment and not seek popularity or publicity either by exceptional severity or und.ue ieniency. {xii) · A.judge shall be punctual in a,ttending court and do judiciaf work during·Court hours. He ~hall ensure punctuality of the staff and Court Officials. . . .(xiii) A judge should diligently . cfscharge administrative responsibilities, maintain prqfes·sional competence in judicial administration, and faci~itate the performance of the administratiy~ responsibilities _of .9ther judges and Court officials. . . .. . (xivY. '!' A judge should take or )ni.tiate·appropriate measures · as admiss.ible under law against a judge or lawyer for unprofessional con-duct of. which- the judge may become aware. -------- . THE ASSAM GAZETTE, EXTRAORDINARY~ FEBRUARY 17, 2003 209 . I VIII. A judge should. not accept appointment to a governmental conimittee, commission , or .other position without the . permission of the High Court in writing. IX. · A judge or a candidate form judici~ .· office should not be a member of, or hold any office in ·, a political party. X. A judge shall not make speeches. on . behalf of a politicaf party or endorse a candidate for a P?'itical office. XI. A judge shaH keep infortned a~out the judga.s personal and fiduciary economic interests. and make a reasonable effort to keep informed aboli( the: ·personal economic interests of the judge's spouse and· children residing in. the judges household. . ; XII. A judge shall not condu<:t all '.of tlie judge's extra- judicial · activities in such a way that they do not : · a) cast reasonable doubt on ~he "judge's capacity to act impartially .as a judge;. b) demean the judicial office ; pr · . . . c) interfere with the proper performance of judicial duties. XIII. A judge shall not setve as an · officer, director, trustee or legal advisor if it is likely that the organization,~ a) Will be engaged in proceedings that would ordinarily come before the judges, or . b) Will be engaged frequentfy In adversary proceedings in the Court of which the judge is a member or in any Court su.bject to the appellate jurisdiction pf the Court of which the judge is a member. XIV. . A judge and members of the judge's famlly residing in the judge's household' shall .not accept,· a gift, bequest, favour or loan from anyone except for: a) a gift in~ident to a public testimonial, books, tapes and other resource materials supplied by the pub1ishers on a compliment~ry 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 th.e law; . the ·. _legal system or the administration of justice; b) a gift, award or benefit' incident to the business, profession or other separate acti"'.ity of a spouse or . other family member of a judge residing in the judge's - .· t'd ~· s· ·« . - • ~