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Section 2: Definitions

The Jharkhand State Civil Courts Officers and Staffs (Recruitment Promotion Transfer and other Service Conditions) Rules 2018State Rules of Jharkhand · 2019

In these rules, unless the context otherwise requires -

(a) “Appointment” means appointment either by way of direct recruitment or limited examination or selection by way of promotion including appointment on compassionate ground.

(b) “Appointing Authority” means-

(i) The Registrar General of the High Court, for all posts of Group-A and Group-B.

(ii) The Principal District Judge/Judicial Commissioner, Ranchi for all posts of Group-C and Group-D.

(c) “Appropriate Case” means such case which is found to be appropriate by the High Court.

(d) “Cadre” means the strength of the posts specified in Schedule-‘II’ of these Rules and includes any temporary post sanctioned by the Government of Jharkhand.

(e) “High Court Selection Committee” means High Court Selection & Appointment Committee constituted under Rule 8 (A) (i) of these Rules.

(f) “Chief Justice” means the Chief Justice of the High Court of Jharkhand.

(g) “Civil Courts” means civil/criminal courts, subordinate to High Court of Jharkhand at Ranchi created under Bengal, Agra and Assam Civil Courts Act, 1887 and all other Courts Subordinate to High Court Jharkhand.

(h) “Government” and “State” mean the Government of Jharkhand and the State of Jharkhand respectively.

(i) “High Court” means The High Court of Jharkhand at Ranchi as contemplated under Article - 235 of the Constitution of India.

(j) “Judgeship” means the administrative Jurisdiction of the Principal District and Sessions Judge including Judicial Commissioner, Ranchi.

(k) “Person with Disability or Physically handicapped person” means a person as defined in The Rights of Persons with Disabilities Act, 2016 who has been issued a disability certificate in prescribed format by the competent authority as applicable under The Rights of Persons with Disabilities Act, 2016 and circular issued by the Government of Jharkhand thereunder.

(l) “Principal District Judge” means Principal District Judge of a district including Judicial Commissioner, Ranchi.

(m) “Reservation in vacancies” shall have the same meaning as ascribed in Jharkhand Reservation for Scheduled Castes, Scheduled Tribes and Backward Classes against Vacancies in Posts and Services Act, 2001 along with Rules, Notifications and Circulars issued by Government of Jharkhand from time to time.

Jharkhand Gazette (Extraordinary), Monday, 4 th November, 2019 3)))) 3

(n)“The High Court Promotion Committee” means the Committee constituted under Rule 8(B)

(i) of these Rules.

(o) “District Court Selection Committee” means the Selection Committee constituted under Rule 8(C) (i) of these Rules.

(p) “Standing Committee” means the committee as mentioned in Chapter II (Rule 6) of the High Court Jharkhand, Rules 2001.

(q) “Staffing Pattern” shall mean all the posts included in the Schedule –‘II’ of these rules.

(r) “Skill Test” shall mean the test as prescribed by the different Committees constituted under Rule – 8 from time to time according to the nature of work.

(s) “Service” means Jharkhand Civil Courts Establishment Service.

(t) “Regulation” means regulation as defined under Rule -25 of these rules.

Jharkhand Gazette (Extraordinary), Monday, 4 th November, 2019 4)))) 4

CHAPTER-II ESTABLISHMENT

3. On and from the date of commencement of these Rules for administration of Civil Courts and Sub-Divisional Courts, a Jharkhand Civil Courts Establishment Service shall be constituted.

4. (i) All the posts of Group-A and Group-B as specified in Schedule-I shall be of State cadre and all other posts as specified under Schedule-I shall be of District Cadre.

(ii) All the employees of Civil Courts, who immediately before the commencement of these Rules, having been appointed on regular basis on any post specified in the staffing pattern to these rules shall be deemed to have been appointed to the respective cadre of the service in accordance with the provisions of these Rules.

CHAPTER-III CONDITIONS OF ELIGIBILITY FOR APPOINTMENT

(5) Eligibility for Appointment:-

(1) A person to be eligible for appointment on any post as specified in the staffing pattern shall-

(a) be a citizen of India.

(b) be medically fit.

(c) be of a good character.

(d) not have more than one spouse living.

(e) possess the essential qualifications and experience as prescribed in Schedule- ‘I’.

(2) Any person who attempts to obtain extraneous support by any means for his candidature from officials or non-officials, shall be disqualified for appointment.

Jharkhand Gazette (Extraordinary), Monday, 4 th November, 2019 5)))) 5

(3) No person shall be eligible for appointment if he or she –

(a) is or has been a member of, or has associated himself or herself with anybody or association after such body or association is declared as an unlawful body or association;

or

(b) has participated in or is associated with any activity or programme -

(i) aimed at subversion of the Constitution of India; or

(ii) aimed at organized breach or defiance of law involving violence; or

(iii) which is prejudicial to the interests of the sovereignty and integrity of India or the security of the State; or

(iv) which promotes, on grounds of religion, race, language, caste or community, feelings of enmity or hatred between different sections of the people; or

(c) is dismissed from service under the Government of India or any State Government or any other organization,

(d) is or has been debarred or disqualified by the Union or any State Public Service Commission or any organization from appearing for any examination or selection conducted by it;

and

(e) is or has been convicted of an offence involving moral turpitude.

EXPLANATION - If any doubt arises regarding the eligibility of a candidate for appointment, the decision of the High Court shall be final.

Where this provision sits

ActThe Jharkhand State Civil Courts Officers and Staffs (Recruitment Promotion Transfer and other Service Conditions) Rules 2018
Section2
Marginal noteDefinitions
JurisdictionState of Jharkhand
StatusIn force as published by the source

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