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Contents

Preamble.

1. Short title and commencement

2 . Definition

3. Establishment of the Academy

4. Functions of the Academy

5. Board

6. Powers and the functions of the Board

7. Delegation of powers

8. Appointment of advisers, consultants, etc

9. Resignation from membership, etc

10. Meetings of the board

11. Director-General

12. Appointment of the officers and members of the staff of the Academy

13 Fund of the Academy

14. Budget etc

15. Annual reports etc

16. Regulations

17. Removal of difficulties

18. Repeat of Sindh Ordinance No.XVIII of 1993

 

ACT IX OF 1994

SINDH JUDICIAL ACADEMY ACT: 1993 .

An Act to establish a Provincial Judicial Academy in the Province of Sindh
[Gazette of Sindh, Extraordinary, Part IV, 7th March, 1994]

No. PAS/Legis-B-18/93, dated 7-3-1994. The Sindh Judicial Academy Bill,1993 having been passed by the Provincial Assembly of Sindh on 26th December, 1993 and assented to by the Governor of Sindh on - 2nd February, 1994 is hereby published as an Act of the Legislature of Sindh.

Preamble.—Whereas it is expedient to establish a Provincial Judicial Academy in the Province of Sindh, in the manner hereinafter appearing;

It is hereby enacted as follows:

1. Short title and commencement:-

(1) This Act may be called the Sindh Judicial Academy Act 1993.

(2) It shall come into force at once.

2 . Definition:-

In this Act unless there is anything repugnant in the subject or context—

    1. "Academy" means the Judicial Academy established under section 3;
    2. "Board" means the Board of Governors of the Academy constituted under section 5;
    3. "Chairman" means the Chairman of- the Board and includes a person authorised by
      him to perform all or any of his functions;
    4. "Director-General" means .the Director-General of the Academy and includes a person authorised by the Chairman to perform all or any of the functions of the Director- General;
    5. "Government" means the Government of Sindh;
    6. "Member of the subordinate judiciary" means a District and Sessions Judge, Additional District and Sessions Judge, Senior Civil Judge and Assistant Sessions Judge; Civil Judge and Judicial Magistrate wherever he may be;
    7. "Regulations" means regulations made under this Act.

 

3. Establishment of the Academy:-

    1. As from the commencement of this Act there shall be established for car-tying out the purposes of this Act an Academy to be known as the Sindh Judicial Academy.

    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 name specified in subsection (T) sue and be sued

    3. The headquarters of the Academy shall be at Karachi.

4. Functions of the Academy:-

The functions of the Academy shall be—

    1. legal orientation, training of members of the subordinate judiciary, law officers and members of the-bar.

    2. continuing education of members of the subordinate judiciary:

    3. holding of conferences, seminars, workshops and - symposia for improvement of judicial system and quality of judicial work;

    4. providing information on legal and constitutional research;

    5. to conduct departmental examinations of members of establishment of subordinate Courts and the High Court;

    6. publishing of journals, memories, research papers or reports; and

    7. performing such other incidental functions as may be approved by the Board or as may be requisite to further its objectives.

 

5. Board:-

(l) The general direction and the administration of the affairs of the Academy shall vest in a Board constituted under subsection

(2) The Board shall consist of-

(i) The Chief Justice, High Court of Sindh. Chairman

(ii) The Senior Puisne Judge, High Court of Sindh. Vice-Chairman

(iii) The Attorney-General of Pakistan Member

(iv) Minister of Law . Member

(v) Advocate-General, Sindh Member

(vi) One District and Sessions Judge, nominated by the Chief Justice, High Court of Sindh. Member

(vii) One Senior Member of the Bar nominated by the Chief Justice, . High Court of Sindh Member

(viii) One Principal of a Law College, nominated by the Chief Justice, High Court of Sindh Member

(ix) The Secretary, Law Department Government of Sindh. Member

(x) A renowned scholar nominated by the Chief Justice High Court Sindh Member

(xi) The Registrar, High Court Sindh Member

(xii) The Director-General of the Academy Member/Secretary

(3) The existence of a vacancy in, or defect in the constitution of, the Board shall, not
invalidate any act or proceedings of the Board.

(4) The term of office of the members of the Board, other than ex officio members,
shall, unless removed earlier, be three years.

 

6. Powers and the functions of the Board:-

For carrying out the purposes 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 legal orientation, continuing education and
training of members of the subordinate judiciary, law officers and members of the bar and approve courses of training;

(c) examine and evaluate the activities of the Academy;

(d) consider and approve the budget estimates;

(e) receive grants-in-aid from the Federal Government, Provincial Government or aid-giving agencies;

(f) cause proper books of accounts to be maintained for all sums of money received and
expanded by the Academy and arrange for their audit by the Accountant-General, Sindh;

(g) create, abolish and suspend posts;

(h) prescribed duties of the member's of the staff of the Academy;

(i) appoint, suspend, punish and remove from service any member of such staff; .
(j) purchase, hire, construct or alter any building for the Academy;

(k) regulate; determine and administer all matters concerning, the Academy; and

(l) decide any other matter ancillary and incidental to the facilities of the Academy or
any matter which the Director-General may bring to the notice of the Board.

 

7. Delegation of powers:-

The Board may delegate all or any of its power and functions to the Chairman, any member of the Board or the Director-General: Provided that the Director-General may, in any emergency which in his opinion requires immediate action, take such action with the prior approval of the Chairman.

8. Appointment of advisers, consultants, etc:-

The Board may appoint any person as adviser, consultant or expert on such terms and conditions as it may determine.

9. Resignation from membership, etc:-

(1) Any member of the Board, other than an ex officio member, may at any time, by writing under his hand addressed to the Chairman resin his office.

(2) Any casual vacancy in the office of a member other than an ex officio member, shall
be filled in through nomination by the Chairman for the unexpired period of the term of
the member.

 

10. Meetings of the board:-

The meetings of the Board shall be called by the Chairman:

      1. Provided that not 'more than a period of six months shall intervene between two meetings of the Board.
      2. The Chairman or, in his absence, the Vice-Chairman, shall preside at a meeting of the Board.
      3. The quorum for the meetings of the Board shall be five members.
      4. The Board may, from time to time, appoint such working groups of persons, from amongst its members or otherwise, as it may consider necessary and give them specific assignments related to the functions of the Academy

 

11. Director-General:-

(1) The Director-General shall be appointed by the Board on such terms and conditions as it may determine and shall perform his functions under general directions of the Board.

(2) The Director-General :shall be responsible for the maintenance of good order and discipline.

(3) The Director-General shall be the principal accounting officer of the Academy.

 

12. Appointment of the officers and members of the staff of the Academy:-

    1. Officers and members of the staff of the Academy may be appointed either by direct recruitment, transfer, deputation or otherwise, on such terms and conditions, as may be determined by the Board.
    2. The Director-General may:-
      1. on the recommendation of a Selection Committee constituted by the Board,, appoint members of the staff to posts in Basic Pay Scales up to 16; and
      2. on the recommendation of a Selection Committee constituted by the Board, and with the prior approval of the Chairman, appoint officers to posts in Basic Pay Scales 17 and above.

13 Fund of the Academy:-

(1) Government may, from time to time place funds at the disposal of the Academy for smooth discharge of its functions and the efficient conduct of its affairs.

(2) The Academy may also be financed from the following sources,

(i) grants from the Federal and Provincial Governments;

(ii)scale or royalties of its publications; and
(iii) aid from national and international agencies.

(3) Funds of the Academy shall vest in the Academy, and may be kept in the personal ledger account of the Academy to be opened in the Government Treasury or, with the approval of the Chairman in a scheduled bank, and to be operated by the Director-General. .

 

14. Budget etc:-

(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, current and development expenditure and the sums which are likely to be required from the Government during the financial year.

(2) The Director-General shall not incur any expenditure from the funds which is not provided for in the budget approved by the Board.

(3) The accounts of the Academy shall be audited by the Accountant- General of Sindh.

 

15. Annual reports etc:-

(I) Within two months of the conclusion of each calendar year, the Director-General shall submit the annual report to the Board in respect of various activities carried out by the Academy during the last year, together with the report of the Accountant-General of Sindh relating to the accounts of the Academy.

(2) The Board may, from time to time, submit a report to Government relating to the funds of the Academy and its programmes.

 

16. Regulations:-

The Board may make regulations for earning out the purposes of this Act.

 

17. Removal of difficulties:-

If arty difficulty arises in giving effect to arty provision of this Act the Board may make such order, not inconsistent with the express provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.

 

18. Repeat of Sindh Ordinance No.XVIII of 1993:-

The Sin& Judicial Academy ordinance, 1993, is hereby, repealed.