Updated: Thursday July 07, 2016/AlKhamis
Shawwal 02, 1437/Bruhaspathivara
Asadha 16, 1938, at 05:42:09 PM
The Federal Judicial Academy Act, 1997
ACT NO XXVIII OF 1997
An Act to provide for the establishment of the Federal
Judicial Academy
WHEREAS it is necessary to provide for
the proper training of judicial officers and Court personnel in order to
improve the professional competence of judges and the quality of justice
administered in the Courts;
It is hereby enacted as follows:‑--
1. Short title and commencement.__(1) This Act may be called the Federal Judicial
Academy Act, 1997.
(2) It shall come into force at once.
2. Definitions. In this Act, unless there is anything repugnant in
the subject or context,‑‑-
(a) “Academy”
means the
(b) “Board”
means the Board of Governors of the Academy;
(c) “Chairman”
means the Chairman of the Board;
(d) “Director‑General”
means the Director‑General of the Academy;
(e) “prescribed”
means prescribed by rules made under this Act; and
(f) “staff”
means members of the staff of the academy, including contract employees, part
time employees and deputationists.
3. Name and location.--(1) The Academy shall be called the
(2) The Academy shall be a body corporate
having perpetual succession and a common seal with power to acquire, hold and
dispose of property both movable and immovable and shall by the said name sue
and be sued.
(3) The headquarters of the academy
shall be at
4. Aims and objects.--The aims and objects of the Academy shall be,---
(a)
orientation and training of new judges, Magistrates, law officers and Court
personnel;
(b) in
service training and education of Judges, Magistrates, law officers and Court
personnel;
(c) holding
of conferences, seminars, workshops, and symposia for improvement of the
judicial system and quality of judicial work; and
(d)
publishing of journals, memories, research papers and reports.
5. The Board.--(1) The Board shall consist of,---
(i) The Chief Justice of |
Chairman. |
(ii)
The Minister for Law, Justice and Parliamentary Affairs. |
Vice-Chairman. |
(iii)
The Attorney-General for |
Member. |
(iv)
The Chief Justice of |
Member. |
(v)
The Chief Justice of High Court of Sindh. |
Member. |
(vi)
The Chief Justice of |
Member. |
(vii)
The Chief Justice of Balochistan High Court. |
Member. |
(viii)
The Secretary, Ministry of Law, Justice and Parliamentary Affairs. |
Member. |
(ix)
The Director-General of the Academy. |
Member/ Secretary. |
6. Powers and functions of the
Board.--For carrying out the aims and
objects of the Academy, the Board shall, inter alia,---
(a) exercise
general supervision over the affairs of the Academy;
(b) lay down
the policy and programme for training and approve courses of training;
(c) evaluate
and examine the activities of the Academy;
(d) approve
and consider the annual budget and revised budget estimates;
(e) receive
grants-in-aid from the Federal Government, Provincial Governments and aid
giving agencies;
(f) cause
proper books of account to be maintained for all sums of money received and
expended by the Academy and arrange for audit by the Auditor-General of
(g) prescribe
the terms and conditions of service of the Director-General and member of the
staff;
(h) create,
abolish, suspend and upgrade posts;
(i)
prescribe duties of the members of the staff;
(j) appoint,
suspend, punish, dismiss or remove from service any member of the staff;
(k)
purchase, hire, construct or alter any building for the Academy;
(l) hold,
control and administer the movable and immovable property, assets and funds of
the Academy;
(m)
regulate, determine and administer all matters concerning the Academy;
(n)
affiliate with Provincial judicial academies and other training and educational
institutions; and
(o) decide
any other matter ancillary and incidental to the aims and objects of the
Academy.
7. Delegation of powers.___(1)
The Board may delegate all or any of its powers and functions to she Chairman,
Vice-Chairman, any member of the Board, the Director-General or any Member of
the staff.
(2) The Director-General may, in any
emergency which in his opinion requires immediate action, exercise such powers
as he may consider necessary in the circumstances, and shall report the action
taken by him for approval of the board at its next meeting.
8. Appointment of advisors,
consultants and experts.--The Board
may appoint advisors, consultants and experts for assisting the Board in
fulfilment of its aims and objects.
9. Meetings of the Board.--(1) The meetings of the Board shall be called by the
Chairman on such date and at such time and place as he may specify.
(2) Subject to subsection (1) the
intervening period between two meetings of the Board shall not exceed six
months.
(3) The Chairman or, in his absence,
the Vice-Chairman, or if the Vice-Chairman is also absent, the member elected
by the members for the purpose, shall preside at a meeting of the Board.
(4) The Quorum for the meetings of the
Board shall be four members.
(5) The Board may, from time to time,
appoint such committees and working groups, from amongst its members or
otherwise, as it may consider necessary.
10. Director-General.--(1)
The Director-General shall be appointed by the Chairman on such terms and
conditions as may be approved by the Board.
(2) The management of the Academy shall
be carried on by the Director-General under the general directions of the
Board.
(3) The Director-General shall be the
academic and administrative head of the Academy and shall be responsible for
the maintenance of good order and discipline.
(4) The Director-General shall be the
Principal Accounting Officer of the Academy.
11. Appointment of officers and
members of staff of the Academy.-(1)
The members of the staff of the Academy shall be appointed by direct
recruitment or transfer, or deputation or on contract basis or otherwise in
such manner and on such terms and conditions as may be approved by the Board.
(2) All appointments of the members of
the staff to posts in Basic Pay Scales 1 to 16 shall be made by the
Director-General with the approval of the Chairman.
(3) Appointment of the members of the
staff to posts in Basic Pay Scale 17 and above shall be made by the Chairman.
(4) Notwithstanding anything contained
in any contract or agreement or in the conditions of service, all persons
serving in connection with the affairs of the Academy immediately before the
commencement of this Act, other than persons so serving on deputation, shall
stand transferred to the Academy and become the employees of the Academy on the
same terms and conditions to which they were entitled immediately before such
commencement and shall, on such transfer, cease to be persons in the service of
Pakistan.
12. Funds of the Academy.-(1) There shall be a Fund of the Academy to be known
as the “Academy Fund” to which all its income shall be credited and from which
all its expenditures shall be met.
(2) The following shall be the sources
of income for the Academy Fund,---
(i) grants
from the Federal Government;
(ii) grants
from the Provincial Governments;
(iii) sale
and other proceeds of the Academy’s publications;
(iv) aid
from national and international agencies; and
(v) fees,
charges and donations.
(3) The Academy Funds shall vest in the
Board and the moneys to the credit of the fund shall be kept in a personal
ledger account in the Government Treasury or, with the approval of the Board,
in a scheduled bank.
13. Budget.--(1) The Director-General shall, in respect of each
financial year, submit for approval of the Board, by such date and in such form
as may be prescribed, a statement showing the estimated receipts the current
and development expenditures and the sums required as grant-in-aid from the
Federal Government.
(2) The Director-General shall not
incur any expenditure from the Fund which is not provided for in the Budget
approved by the Board.
14. Annual reports, etc.--(1) Within two months of the conclusion of each
financial year, the Director-General shall submit the annual report to the
Board in respect of various activities carried out by the Academy during the
previous year.
(2) The Board shall submit an annual
report to the Federal Government relating to the Academy Fund and the Academy's
programmes.
15. Power to make rules.--The Board may, with the approval of the Federal
Government, make rules for carrying out the purposes of this Act.
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