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GOVERNMENT OF JAMMU AND KASEMlR


CIVIL SECRETARIAT-LAW DEPARTMENT
Notificatiqn
Srinagrr,

the 5th October, 2005.

SRO-280.-In exercise o f the powers conferred by section 30


o f the Jammu and Kashmir Accountability Commission Act, 2002
(Act No. XXXVIll o f 2W)2), the Government hereby makes
the following rules, namely :-

I. Short title and coruoncemnt.-(l) These riles may be


called the Jammu and Kashmir Accountability Commission
Rules, 2005.
(2) They shall comc inm'fin the Government -tte.

on the date of their publication

2. Definitions.-In
t k rules, unless there is anything
repugnant in the subject or the context :-

(i)"Act"

means ~ h eJ a m a d Kashmir Accountability


Commission Act, 2002 (Act No. XXXVlll o f 2002) ;

(ii)"Chairperson" means the Chairpmon o f the Jammu and


Kasbmi~ kecounfrbility Commission, appointed under
sub-section (I) of section 4 ;

(iii)"Commission" means the Jammu and Kashmir Accountability


Commission cstnblishcd under section 3 of the Act ;

( i r ) "Cohplainanr means a pmon who is entitled to file a


complaint under section II of the Act ;
(v) "Form* means the Form appended to these rules ;
means a Member o f the Accountability
Commission appointed undcr subreftion (I)o f section 4 of
the Act ;

(vi) "Member"

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(vii) " W q i s W means the Rcgia~tard e m d to under rule 23 and


i n c l d Md i b g i i . Drputy Registrar and Assistant
Registrar ;
(viii) "Schedulen meap the Schedule appended to these rules ;

( i x ) "Secretmy" means tke Scwotsry ofthe Commission, appninted


under section 25 o f the Aat :
(w) All o t k t w d s a d expressions uded in thest rules b u k not
spseificaity Mmed sheU-hne the same meaning as a s s i d
to them under the Act.

' 3. Campfew hdmrify.-For


Burposes d sub-clwse (iii)
of clause (6) of M o a 2 of Bo k t , tke compttent authority
shali :-

(i) in the case where a & ~ + dkipkkwry action is


rwmmdd by t b t Commission, bc tbe nurhorrty by which
p M i c k t i o n a f y waa
~
r
e
w
w

or which has the competence


~
~
f
D
B
l

P m v W t W b tbcase of ptlbli functionary who idor was


on -u*f
a service, tJre ks of the
khs ban
establisbnrcnt in whieb d p*ltic factw o r m or had worked slnall he a#rrtlthd if the cause of
gr~vor t
b do@#im rrises *-of .sy ~ i n i s t ~ ~ e
action taken by or with tbc approval of ruFh public
f t l ~ ~ t i a M dming
ry
rhe p8riud of hiu k p u t d i or bsnsfer
to such foreign service ; or

(ii)in a ease where the r e d i a l actior w the redressat of the


by the Comntisaion be the Head
grievance is rc~~unmca8oQ
o f the Department or the Head oftheconotmed Adminisbstive
Department in wbich the puMii functio~aryhas been working
or had worked where the cause of action arose :
the purposes &'these rules, 'foreign service' shall
or t
m to ru#,thcr
inekdc sorv& on
semice,
-"-;
pC
.&
,,"

Expianation:-F6r
.

Government - C o m . o r M y Compeny or Sbciety


established undcr law for the t h e being in force.

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4. Members of r k C d s i a R . - - T h e Commission may have


not more thm two lDcrabm.
Provided that it shall not be necessary to appoint any such
rpcmber unless the Governor is s s t i s f d that such appointment is
ncecsury or expedient i@
the p M i c intersst.

5. Form okd comtmd of the complaint.-(I)


Every
complaint JaaH be made as f b as pssiMe in Fonn 'A' prescribed
in the Schedule duly s i g d Md supported by an affidavit as prescribed

by rule 6.
(2) The cotnplaint &in8
allegations and grievances may be
pnsented before such offrcer as may be notified by the Srrretaiy
in oonsy4tation with the Chairpenurn.
(3) The complaint may be prrsrrdsd in person or sent by
registered post. Such complaint shall be provisionally
regisl&end
in sepm(e mgiata, maintained by the Registry 8t

ab@f.

Jmmltl ad

(4) Ewiy cowpbint shall be .ccoaqunicd by three copms for


e f c+es
M the W l i e
the -C
Yd sue& admr

4 as.

frniotlrles

6. Conientd of &dm&--(l) Every affidavit shdl be baa


u p c ~ a kgibly
d
fthrll besworn inbeforeakdieial M n g i i ,
or ~ c f a cuy wried
an ~xtcrrtive ~agiatnre.~ o t v y
O f f i duly . t f f L o r i to w a u 4,

(2) Evcy p s o n n d i a a f h h i t pkali sum his full name,


sunmme, .(lc, p m b s i m or
givesuchoOsrmalY1#him clurly.
.

midcrrce aad shall

t o ~ e r W 4 M

'

hereby s w u r

I ?9

..

.h tb~.&. of Gad
. . ~. . tk# thir ia p y !?at=

solarmly

&in,

signature

M&

4 W &e contents of this

taurne trrpt.plion

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affidavit me true, I further swtrr that what i s stated in the


paragrsph (give number) is true to my infonnation and is
believed by me to be true.

7. Regishy of (be Conmission.--(I) The Commission shall


have a Registly in its Office both at Jmmu and Srinagar and each
Registry shall be headed by aa Additional Regjstrar or Deputy
Registrar as the Chairperson may authorize in this behalf.
(2)'All complaints eddrcssed to fhe Commission shall be filed
or sont by post in the Registry o f the Commission.

(3) The complaints relating to actions. allegations and grievances


pertaining to Kashmir Division shall be filed in the Srinagar wing
o f the Commission and such complaints permining to Jammu Division
be filed in the Jpnmu Wing o f the Commission.
(4) The Commission may, on application made or o f its own,
entertain a complaint dating to one Division at another Division or
transfer one pending wmpiaim fmm one Registry to another.

8. Seminy a d re&Rrrtim 4 reguls complainls.--( I ) On


receipt o f the complaint thc Registrar shall examine the oomplaint,
afidavit and accompanied documents and report as to whether it has
been likd ih accordance with the Act and rules.
*

(2) If t
k Rcgirrtrar i s of ihc opinion that the complaint i s not
in confonity with the pvvbtons dliw Act or the r u b or is otherwise
defective, he shall issue nothe to tke c o m p l a i i t in Fonn '6' to
remow the defects within the spofifm! period stipulated in the notice.
The Registrar may extend tBc time specified in the notice for s u f f ~ i e n t
cause.
(3) When the cornplrirunt is dimstad to remove the defects
within the specified period stipulated in the notice and if the defects
are not removed w i h h sxh Hnw cw cxrcaded time. the complaint
lnay be dismissed for dcfruk of the c a ~ ~ p l r i n r n
byt or&=
o f the '
Commission.
(4) A11 the c a m p h i d shall be ptrod before the Commission
for appropriate orders. Howcvcr, tbe complaints regarding which the

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complainant has been directed to remove the defects shall be placed


only after the expiry o f the period o f time stipulated i n the notice
or the extended period.

(5) Every person making the complaint shall be informed of the


substance o f the orders passed under the preceding rule, if no further
action on the complaint is t o be taken.
9. Acknowledgment of compluinl.-After
the complaint is
registered, the Registrar or any other officer empowered i n this behalf
by the secretary shall send to the complainant an acknowledgment
o f the coniplaint i n Form "C" prescribed i n th'e Schedule informing
him that his complaint is registered and giving him the number o f
the complaint.
10. N o t i c e . 4 n registration o f regular co~nplaint,a notice i n
the Form 'D' shall be issued to the public functionary and the
competent authority for compliance.

I I. Authenricarion of ordcrs pussed by the Contmission.A n y order passed by. the Comrnission under the Act or the rules
and executed i n the name o f tlie Commission shall be authenticated
by such person and i n such manner as the Commission may, by
general or special order, from time to time,. specify.
12. .Adtnrnislering oath.-The Commission or any officer duly
empowered by the Commission. may administer oath to any person
examined by i t during any enquiry.
13. Inrerpretarion.-(l) The Corfimissioh may. i n any special
case, appoint an interpreter(s) who w i l l be paid at such rate as may
be fixed by the Government from time to time.

(2) The interpreter shall take oath i n the following form :I do

hereby swear in the name of God


t h a t I w i l t tell and
solemnly affirm

explain a l l questions put to and evidence given by witnesses


and translate correctly and accurately all documents given to me
for translation.

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14. Furnishing of inforn8ution u n d production of


document.---(I) Where the Commission requires any public servant
or any other person to furnish information or to produce documents
under sub-section. ( I ) o f section 14, the Registrar or any officer
authorized by the Registrar shall issue a notice in Form 'E' prescribed
in the Schedule to the officer or authority in whose custody the file
or the document i s stated to be or in whose custody that file would
ordinarily be.
(2) if the file i s not produced or sent. within the period
prescribed by the officer or authority concerned, the Registrar shall,
in writing, direct the Head o f the Department concerned to produce
..
the same.
(3) I f the tile i s not reccived within I S days aAer Registrar's
notice referred to under sub-rule (2) above. thc complaint shall be
put up before the Commission for orders.
(4) Without prejudice to the provisions o f the Act and the
rulcs, the Commission may direct the competent authority to
initiate disciplinary proceedings against such public servant or
other .person who refuses or fails to produce any document in
his custody or power within the time stipulated in the notice issued
under sub-rule (I).
15. Consequences o f refusal o f a party to produce document.Where any party to an investigation before the Commission refuses,
without any lawful excuse, to produce any document or documents
in his custody or power, the Commission may decide the matter,
against him in the absence o f such documents and may also strike
out the complaint or defence, as the case may be, or may make
such other order as it thinks fit.
\

16. Rehearing o f a complaint.-If


a case is closed for
default o f complainant or if it is ordered to be filed or i s decided
ex parte against the public functionary, the Commission may,
if suficient cause i s shown to it. reopen the case and rehear i t on
merit :
Provided that no case shall be reopened aAer the expiry o f
a period o f three months from the date o f closure, filing or ex parte
decision o f the case.

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17. C'onfidrn1iali1.y of infirmalion and evidence.-The


information and evidence referred to in section 19 shall be
kept confidential in the custody o f the Registrar or such other
officer o f the Commission as the Chairperson may authorize in this
behalf.
18. CerriJicd copy.+l) The Commission may, subject to the
provisions o f the Act and the rules issue to any person a
certified copy o f any order. information or evidence other than the
copy o f the report o f the preliminary enquiry and the information or
evidence obtained in connection with such preliminary enquiry or
investigation.

( 2 ) The Registrar may authenticate such copies for issue if the


Commission orders for supply o f such a certified copy.

( 3 ) The party concerned will have to deposit necessary cost


o f the supply o f such certified copy as may be fixed by the
Commissioll.
19. Srcrerary and orher s~affof the Comnrission.+I) The
Government shall. after consulation with the Chairperson, appoint an
officer not below the rank o f District and Sessions Judge or an IAS
officer to be the Secretary o f the Commission.

(2) The other offcers and employees o f the Commission shall


be such as the Government may from time to time determine, in
consultation with the Commission.
(3) The Governor may specify the minimum qualification and
the method o f recruitment for employees of the Commission whether
directly appointed, sent by transfer or on deputation.
(4) The officers and officials on deputation or by transfer from
any Government Department shall be deputed to the Commission with
its prior consent.

...

20. Salary and other allowances of rhe emplo.yees of the


Comm;,Csion.-(l)A Government employee who is transferred to the
Commission or whose services have been lent to it shall be entitled
to the salary and other allowances in the pay scale held by him in
his parent Department.

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(2) The employees o f the Commission, other than those specified


in wb-rule ( I ) , shall be entitled to the salary and other allowances
according to pay scale o f their appointment.

I . 7iavelling allowances.-When
any person, not in the
service o f the Government is required by the Commission to appear
before i t as a witness, he shall be paid travelling allowance forjourney
calculated under the ordinary rules for the journey or as the
(itwernment servant on,tour and daily allowance, and for this purpose
the Commission may declare by special order the grade to which such
person shall be considered to belong according to his status i n l i f e
,and its decision shall 'be final.
The power to
22. Authority competenl l o gram ledve.+l)
grant or refuse leave to the Chairperson and to revoke or curtail
tlie leave granted to him shall vest i n the Governor.
(2) The power to grant or refuse' leave t o any Member or
gazetted officer serving with the Commission and to revoke or curtail
the leave granted to him shall vest in the Chairperson.

(3) The power to grant or refuse leave to any other officer and
cmployee o f the Commission or to revoke or curtail the leave granted
l o l i ~ mshall vest i n the Secretary.

23. Fvr~,tion.cof' r h r Secretary.+

I) The Secretary shall be

ex office Registrar o f the Commission as well and shall discharge

sucli duties and carry out the directions issued by the Cammission
from time to time.

(2) T h e Secretary shall be o v i r a l l incharge o f the


a d m ~ n i s t r a t i o n over the employees o f the Commission and
shall ensure efficient performance by the employees o f the
Commission.

24. Financial powers.-The

Commission shall have-

(I) f u l l powers t o i n c u r n o n - r e c u r r i n g expenditure


on contingeqcy and purchase o f stores other than works ;

(ii) the power to make local purchase o f stationery as available


to Hon'ble Chief Justice ; and
.
(iii) f u l l powers t v pl~rchasebooks up to the l i m i t of budget
provision.

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25. Procedure i n matters notprovided i n the rules.The Commission shall have the power to regulate its own procedure
in respect o f hny matter for'which no provision i s made in these
rules.
26. Repeal.+l)
The Jammu and Kashrnir Accountability
Commission Rules, 2003 are hereby repealed.
(2) Notwithstanding such repeal any act or anything done under
the said rules shall be deemed to have been done under these rules
and may be continued and completed under the correspo~~dence
of
these rules.
JAMMU AND KASHMlR
ACCOUNTABILITY COMMISSION RULES, 2005
Farm -'A'
(See Rule 5)
'

Before the Accountability Commission,


Jammu/Siinagar.
Name and address o f the Complainapt

(Complainant)
.
.

v s.

..
.

Name and address o f the public functionary


I.
..2.
(Respondent)
o f the J&K Accountability

Complaint under section


Commission Act, 2002.
Sir.

The complainant submits as urider :-

I. That the complainant is an aggrieved person in this complaint


relating to grievances.

Or

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The complaint is not mnb fide and i s being filed


relating the actions or allegations against the respondentls
(in such a case the complainant need not be an aggrieved
person).
2. That the respondenvs ore public functionarylies as defined
in section 2(16) o f the J&K Accountability Commission Act.
3.

Para-wise detailed
particulars.

grievancelallegation

with

full

4.

That with respect to the grievancelactionlallegation detailed


in this complaint no earlier complaint was filed or action
initiated.
Or
The complainant had filed a complaintlcivil suitlpetition
earlier which is p e n d i ~ m been
s
disposed offdeferred before
(name o f the authority).

5.

(If the earlier c o ~ t l p 0 l i t i o h


n been disposed o f a copy
o f the order passed on it k enclosed).

6.

(If the ewlier wmplllintlpetition is pending, the reasons for


tiling the new complaint).

7. That an affidavit duly swon, b f o r e the Competent Authority


i s being tiled in support o f the averments made in the
complaint.

I t i s prayed that ~ o p r i a t eaction be initiated against


the public functionarylies who m y be dealt with according to law
and report be s u b m i w to the Competent Authority along with
recommendetions for aotbn under the Act.
Complainant.

2.
List o f documents, i f any :

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J A M M U A N D KASItMIR
ACCOUNTABILITY COMhAlBSKlN RULES, 2005

(Give n H n and d d m s o f complainant).


-Your complaint eddresspd to
dated

tkc

Aecountabitity CoLmission

i s defective on acgount o f the

follmving defects :-

It will not be registered unkss

the defects are rectified. They


(date).

should be rectified on or before

RegistrarlAdditional Registrar,
A c m t n b i l i t y Commission.
Dated

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JAMMU AND KASHMIR


ACCOUNTABILITY COMMISSION RULES. 2005
Form 'C'

/See Rule 9)
To

(Give name and address o f complainant)


Your complaint addressed to the Accountability Commission o f
Jammu and Kashmir. dated

i s received in this office

. I t i s registered as complaint

on
No.

of

200-.

I n a l l further correspondence this number should be


illvariably mentioned.
RegistrarJAdditionaI Registrar.
Accountability Commission.

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JAMMU AND KASHMIR


ACCOUNTABILIIY COMMISSION RULES, 2005
Form 'D'

Summons/Notice to h b l i c Functionary
(Undsr section 13) (Rule 10)

Whereas, a complaint has hrm against you in this Commission


for initiating proceedings undr the Jammu and Kashmir Accountability
Commission Act, 2002 making allegations defined in sub-section (3)
of section 2 o f the Act ; and
the campl.int
and a o u r m p y i n g
Wbtoess, aiiec &g
documms, the ComRdrrion i s &Md that the complaint contains
to be e n q u i d into and
prima fscis allegations w h i d aro re@&
the C o m k i o n proposes to -riy
into the allegations
made against you ; and
Whereas, your presence is ncccmuy bdm the Commission i n n
your own interests for the purposes of representing your cars.

Ymu am, thenfore, mqukdku aepear personally o f through a


at
duly authorized pclson before the Commission on
8 A.M.110 A.M. in t b otffct o f t b C o ~ # n abi jammid
~
Srinagar. In case a f l the service o f the sumnwm/notice, you
your cpr, you a18
d&&.
to deh& y
d aud
directed to submit your -s
o f defence along with
accompanying documents and n s 4 i l t . i wimessw upon which you
intend to rely upon.

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Take notice that in default o f appearance before the Commission


on the date and time fixed, it shall be legally presumed that you have
nothing to contradict the allegations levelled against you and the
Commission, without holding further inquiry, will submit its report
to the competent authority with the proposed action be taken against
you.
the

Given under my hand and the seal o f the Commission on


-day o f
2005.
RegistrarIAdditional Registrar,
Accountability Commission,
JammulSrinagar.

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JAMMU A N D KASHMIR
ACCOUNTABILITY COMMlSSlON RULES, 2005
Form 'E'
[See rule IJ(I)]

Summons t o produce document under


sub-section (I)o f section 14 o f the Act in the

Omce o f the Aemnmtability Commission o f


Jnmmu and Kuhmir at JammdSrinagar.

Complaint No.

of

Whereas, a complaint has been made before the Accountability


Commission by
against

(name and address o f the complainant),


(public functionnry's name and designation)

containing a grievancelall allegations in respect o f


and it appears to the Accountability Commission desirable for the
purpose o f inquirylinvestigstion that the following documents(s)
should be produced before it by

(date period) any :-

(I)

(2)

(3)

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YOU an hereby summonad to attsnd and produce or cause to


be produced through your swvtst, ckrk of sgenf the said documcnt(s)
before it in his case on

next at 1 1 O'clock in the

forenoon.

Given under my hand and seal o f the office.


RegistrartAdditional Registrar,
Accountability Commission.
Dated

(Sd.) A. H. KOCHAK,
CommrlSecrctary to Govcrnmenf
LBw Department.

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THE JAMMU AND KASHMIR ACCOUNTABILITY


COMMISSION REGULATIONS, 2085.
Notification No. I o f 2005
Dated 2-12-2005.
In exercise o f the powers conferred by Section 31 o f the Jammu
and Kashmir Accountability Commission Act, ZOO2 (Act No. XXXVlll
o f 2002). the Accountability Commission hereby makes the following
Regulations, namely :

I. Short title and commencement.--(I) These Regulations


may be called the Jammu and Kashmir Accountability Commission
Regulations, 2005.
(2) They shall come i n t i force on the date o f their publication in
the'Government Gazette.

(I)';4ct" means the J&K Accountability Commission Act,


2002 (Act No. XXXVlll o f 2002).
(2) "Certified copy" shall have the same meaning as is
assigned to it in Scction 76 o f the Jammu and Kashmir
Evidence Act, 1977 (XI1 o f 1977).
(3) "Chairperson" means the Chairperson
Accountability Commission.

o f the

(4) "Form" means the Form prescribed in the Ruln,or in


these Regulations.
(5) 'High ('ourl" means like High Court of Jammu and
Kashmir.
(6) "Public Prosecutor'' means any person appointed as
such under h e Act. Rules and these Regulations and
includes any other person authorized by or under any law

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for the time being in force, to practice i n the Court, and


includes any other person appointed or permitted by the
Commission to act as such in the proceedings before the
Commission.

( 7 ) "Registrar': includes the Additional Registrar. Deputy


Registrar and Assistant Registrar o f the Commission.

(8) "Rules" means the S&K Accountability Commission

Ruks.
(9) "Secretary" means the Secretary o f the Accountability
Commission, appoiRtcd under Section 25 of-& Act.

(10) "Schecfule" means the Schedule appended to these


Regulations.
(II) Words and expressions used i n these Regulations but not
defined herein shall have the same meaning as are
assigned to them in the Act or the rules made thereunder.

3. Sc
of t k Comrrkriem--(I) The Aefolmtability
Commission shall have its offices both at Jammu and Srinagar where
it w i l l hold sittings as per the orders and directions o f the Chairperson
o f the Commission. '
(2) When the Commission comprises o f more than one member,
the sittings o f such members o f the Commission and the nature o f cases
to be heard by them shall be regulated by the Chairperson, either by
a general order or by special assignment o f cases.

(3) The Hecld$tlaf+erof the C o m m k i o n shall be at such place and


for such period as may be specified by the Chairperson.
(4) The Commission shall follow the High Court Calendar and the
o f f ~ c etimings, both at Jammu and Srinagar.
(5) The Commission shall hold its sittings at places other t h u .
J a m and Srinagar, as per orders o f the Chairperson as and whk
required.

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Y::i.~&l~tiaa~gCiffmat)~-Tka.Chdrpa~n
.may h y a general
or;\rptwisI m d n in-writinp.direcb~th* nny p w : w f e r d .or duty
: impasebtmhhi u&&e
Act for the purposes.of receiving, processing
and registering o f the complaints, may be exercised or discharged by
such 'Mi ~ ' b t % k ~ ! $ i i d ~ l b ~ erhe
e 9 Comh+isslh
~Q
:as may b e
-s$&yned ili 1He' &(lti/,jkf&M;,
'
"..'
, . . ,
,,. .~
!!!,, , . , , . - !, .,..,:
,,,.
1. I.,,.. >;., .!,
5 . Filing of the complaints.--(I) A l l the co~nplaintsshall be
filed'in tke'#r~is~&"6'f~,e~Soinf~i~hi~~~
befoh th&'Reg)sthP,& such
,miff
i
d
,
&
JSI l&itibb't,,siiMi
'chaivison
to 'receive the

: , 5

&

;o$$,la\hg
?iil

,ijiirr&ihd IR&,,laio&;

,.,

'

. 1 .:

i:

'

,,:

:.!(29l0sl recdpl o f eoanrplrin& ~ e ' ~ i P t , r y . s h a l l ~ , o x to


m~~as
ivhethet!w~otthe complaint has been filed in accordance with the Act
and the Rules or otherwise i t suffers fmm any defects.. The defects
a i the kompiainaitt i n rlie
found'shah be' n o i i h d . ' 6 f ' ~ i t . ~ e p l s t r m
6beddiiLh
with ihe d i ~ ~ t ' i toonr e ~ t i f ~ t same
h e within tr Jpecifed
ti&: . wl"uh;"
the wdir&: th e' the defects are not rectified, the
complaint phdl,
,,
be pu).up beforp Qe -ission
for appropriate orden.
:

, .

..

(3) lt'th; bot"~la/ntis pip+rly filed anddoes not suffer fiom any
defeh ihe'barne
:-.. .
Shall be t$utaily registered and placed before the
forn Bppr<pri&fe':oid~~kgdidi~g
inquiry or investigation.
" k, o ~ i i s ~, :i b

:;

(4) On perusal o f the wmdaint. the reports o f the Registry, the


w holding
!~ ' & df
or investigation by any officer
~ ~ r n . ~.,.i s sd ~i ~
~ inquiry
~
o
f
ihe
Issu~ry
awl
lnvesli&tioo
Wing
ofthe
Commission or any other
.Y..,.,?!,,.,]
.,,~,
., offid& or agency, a$' speciffed in Section 26 o f the Act.
.: . ! , , ' < , > , , , , t !
( : ,
11 ,. , .,.,,
7.-

,!,,I$,:,.

,?'

(5)h?r:,fhq,pyq$~. d . ~ ~ p l d i c l e ! : q ~ l i m i ~
i na4&i G : a . regu,lar'
q,iw~stipa!fi~~,:~$$Cqyis~~or
may,direct issuance o f notice
to the public functionary in the presc;ibedForm, affording him pn
oppo&nitr
b : m & m , ~ h s ~ ~ ~ & n m m a dWhere
e.
.the commission'
directs the issuanse o f notice, the complainant shall furnish Registered
s a k e o f the respondents and the
or S p e q post [~n;elb&&f&'&

k&iQ

competelit'kuthority.

.,~!I,,~t:ii!..
,-

V ~ I I : ,!:

2 ~ $ ! : ~ 8 r ~ d l c t ~~f-ir,ga,
.!
h&#irlgl,uf prdi~nutwyr;v&piy.the
( I) .Qfl W~,oF,M~w%~la&-w.,
M .gmunds oflal~egqions..
. . ,
A c ~ l p k j l j ( ~ , C o m m i s s i o n . s h safford
ll
an opportunity to the public

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functionary concerned to submit his statement o f defence within a


period specified in the order. If upon consideration o f the statement of
defence and the report o f the Competent Authority, the Commission
considers that further inquiry or investigation i s required to be
conducted, it shall afford to the public functionary a further opportunity
o f time prescribed by the Commission not exceeding two months to
submit his defence, if any, and thereafter issue appropriate directions
k~
the complainant and the Public Prosecutor for production o f evidence
in support ofthe allegations levelled against the public functionary within
a specified time.

( 2 ) The evidence i n support o f the allegations may be submined


in the form o f aff~davitswhich shall be treated as examination-in-chief
and the copies thereof shall be furnished to the public functionary.
(3) On submission o f the evidence in the form o f affidavits, the
Commission shall inquire from the public functionary as to whether he
desires to cross-examine any person who has filed affidavit against him
and, if he so desires, afford him an opportunity of cross-examination.
(4) The complainant or the Public Prosecutor shall be under
obligation to produce such person before the Commission for crossexamination by the public functionary. After cross-examination, if so
desired, is complete, the Commission shall afford an opportunity to the
Public functionary to lead evidence i n his defence. The defence
evidence shall also be submined in the form o f duly sworn affidavits
within the time specified by the Commission and the other side shall
be afforded opportunity to cross-examine, i f so desired, any such person
who has filed affidav~ton behalf o f the public functionary.
( 5 ) The complainant, the Public Prosecutor or public functionary
may seek the assistance o f the Commission for production o f any person
as their witness or summoning o f any record from any office in support
o f their respective cases. If the request is found to be genuine, the
Commission may summon such person as witness or the record at the
expenses o f the party applying for it.
(6) After the evidence is complete, the parties shall be afforded
an opportunity to a d d r e i arguments in support oftheir contentions on
adate and time specified by the Commission. Nocase shall be adjourned

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for the purpose of addressing arguments, unless sufficient grounds are


made out for adjournment to the satisfaction of the Commission. and
the case once adjourned shall not be adjourned again.

7. Procedure in contempt matters -To deal with a contempt


matter under Section 20 or proceedings under Section 22 of the Act,
the Commission shall hold summary inquiry and ifprimajucie finds the
person guilty for contempt, afford him an opportunity to lead evidence
in defence, if any, within a period of two weeks. Every petition for
contempt shall be disposed of as expeditiously as possible and within
a period of two months from the date of appearance of the contemnor
before the Commission.
8. Utilisotion of services of other persons.--(I) For the
purposes to exercise powers under Section 26 of the Act, the
Chairperson may authorize Registrar or any other oftjcer of the
Commission to utilize theservicesofany officeror investigatingagency
of the State or any other Frson or agency.

(2) For the purposes of holding inquiry and investigation. the


Chairperson may authorize any of the officers to exercise the powers
vested in a police officer under the Code of Criminal Procedure.
(3) The chairperson may authorize the Registrar or any other
officer of the Commission to exercise the powers vested in the
Commission under Section 14 of the Act.

(4) No fee shall be chargeable on any complaint filed before the


Commission.

9. Procedure in suo moto actions.-In


cases where the
Commission intends to take suo moto action, the substance of
the allegations shall be examined by the Registrar of the commission
and reported to the Commission. After examining the report of the
Registrar, the'Commission may decide to issue process for investigation
of the allegations in the same manner prescribed for inquiry and
investigation with respect to the complaints. In all such matters, the
Public Prosecutor shall assist the Commission.

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custody of the docurnen~slrr(~l)4' summon/notice i n Form-D.


prescribed in the Schedule appenged to the rules, shall be sewed upon
the public functionary along w;th'dco& o f complaint or the substance
':of the allegations and copies o f the accompanying documents to be
relied upon i n sttpoort o f the substance o f the allegations during the
inquiry and investigatlon.

(2) Every summons/noticcunder Sub-Regulation (I)shall be sent


to the concerned by registered pi,speed post or eourier service. If
the sum~nonshtotkeend the
sf t k e d e w w n t s sent under SubRegulation (l,)~?e not
,~ , .r e.:.,,,>
t u r n ~ d,..:
, v ,,.e d?,! un-~d;r$hin
a reasonable
time to the Commission. ~tshall be oresuhed thht suc summons/notice
and the dofumgts have duly been served upon the public functionary
or
&t&
~Q
(1
kb#tne
A
; , f&
a$,oc
C & i ~ p p W ! t , : w ~ , : .; ,.,..,,,

..

,_

.,

1,.

<,l'l;L,

II. ~rocidhre'jfdr.ahfoini~ri~rcopy
qfi~i&idi.
juhgernmt or
order.-Any person entitled toobtain c ~ i W : c q of
~ y r@~~fljq$der
the Act and'the Rules. may a ply to the Registrar or any other officer
o f t h d m d s s i o n , ~glanybPspeciaUyauthoriled by& Chairperson
and the requisite copy will be supplied on payment o f the copying fee
i' :
: :'I.. ! !
, ,
',,
as ptescktbed!(ie!~ndet~;
. .

,,;

'1

<'... , .

(i) For every copy o f judgment1 order up to ten pages


consolidated copying &&VIM. ii/iiivil?'tk dbtu.g&f:nnd
Rs. 501- if the judgment/ i k i w ~ ~ d F & tkbhl&pages ;
(ii)For obtaining a certified copy o f any record, judgmenv
,order urgently, the copying fee shall be double the
aforesaid amount ;

(iii)An application for obtaiaing certified copy shall be


accompanied by stamps o f requisite denomination :
[iv) Ordinary certified copy shall be supplied within seven
working days From tlic date thc application i s made i n this
behalf. Urgent certifwd copy shall be supplied within 48
hours : and

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(v) An application for obtaining certified copy shall be filed


before the Registrar or any other officer duly authorized
by the Commission for that purpose. On receipt o f the
application the Registrar or.the authorized officer as the
case may be shall make na endorsement on the application
showing the date o f filing o f the application, the amount
o f the copying fce deposited with the Commission and the
expected date for delivery o f the copy. The date for the
supply o f the copy shall also be notified to the applicant.
12. Inspection of records.--(I)
Record o f pending cases
will open to the inspection by the parties or their authorised agents
or Advccate or Vakil o f the Court who is duly authorised to act in the
case :
Provided that the inspection o f record shall not be permitted on
the date fixed for hearing.
(2) The inspection o f the records o f decided cases w i l l be allowed
only,un&r the ordcrs o f the Chairperson or in his absence the next
Senior Member.

(3) An application for the inspection o f record shall be made by


a petition duly stamped with a court fee o f Rs. 51-.
(4) Every application for inspection shall specify clearly :-

(a) dii particulw o f the -d


is desired ;

or paper o f which inspection

(b) the party or the person on whose Oehaif the application i s


made ;
(c) the asmeofthe person by whom inspection is to be made ;

(d) any other particulars necessary to be incorporated.


(5) N o mark shall be made on any record or paper inspected and
no one shall be allowed on any zccwnt;to
take notes.

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(4)

13. -of
the C-ksh.-(I)
The stmu@hand composition
o f the staff of tbc Accoolrcrbilky Commission shall consist o f sueh
o f i c m u are specifbd in Akncxwc-A a d sueh other officers1
employ& u thc Gomnor m&y detcnninc fran time to time in
c o n s & & m wi(h tke Commission.

4 2 ) TIM qbpointmats to the posts specif4 in the Schedule-A


s h a n k ado :(a) By direct mcmitmcnt ;

as preacrikd m the Schoduk against c r h post.

(3) Tkc sWTof UIC Comnisria, shall bc wbjcct to exclusive


adminiatntiw d d i r i p l i n a r y cat&ol Y d d k c d i oftheCommission.
(4) Tkc Jammu wd Kdmk C M S m i s Clmitiwtion and
Contml ( A w l ) Rubs, 1955 ad* a d m o f of Commission, issued
from time to time, sk.H apply to thwmitment, postingand promotion
to thepwtsol6kesmffoftheCearrkrion.

(5) The d i t i o n s o f sew& o f a pawn on the staff o f the


Commission All k govaasd by the J&K Civil !&vices Rqplationq
J&K Civil SmiegCbssifmion dCamol (Appeal) Rules, 1956 and
the orders o f Ute Commission i d fran tiRIC h time in respect of
Government servants holding correspondingappointments.

(Sd.) SYED T. A. NAQSHBANDI.

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ANNZXURE 'A'
>.

S.
No.

C.tc#~ry of Post

No. of
Posts

Method of
rscruitmHlt

Minimum Qualification

BydapltrtlonfromGav~
or Hi* CouH or by
-1
dlosdt moruitmrm if retired.

Bybcplt.#an&omFinmcc
Department.

3.

Accounts O f F h

Who is or h.o been


~ . ~ . m m o ~ r in
(l~k
Government of JdtK or
Judicial services of the
State.
%

ic.

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By deputation.

6.

Head Assistant

By deputation.

7.

Accounts Assistant

By deputation.

8. Sr. Assistant

By deputation.

9. Jr. Assistant

I0

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75% by deputation or by
direct recruitment and 25%
by promotion from Class IV
Employees.

In case of direct
appointees must be
g r a J , ~ . twith
~ knowledge
of typew~~ring
having not
less than 35 words speed
per m i k e with six
months certificate course
in Computer Applications
from a recognized
institute and by promotion
from Class IV employees
having 10+2 qualification
type knowing with six
months certificate course in
Computer Applications.

-'

8
'

18. Computer Operator

By diwct recruitment.

Must possess three years


Diploma Engineering.

12. Telephone
OperatwJReceptionirt

By direct recruitment.

Must be B. Lib.

By direct reciuibntat.

As prrscribed by tbe
Cmmmcnt of M K .

75% oy direct recruitment and


25% by panotion h crtc%pry
Wa 14 who posfcssvrlid driving

As prescribed by the
Government of JBK.

tiosc
14.

Despatch Rider

IS. Jamadar

By direct recruitment

As prespibed by
the Commission.

By Qputadon Imm Government

do.

or judicial services or by

promotion from category 16.

16. Orderlies
17.

Home Orderlies

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By direct recruitment

By direct recruitment

As p m d k d by
the G o w n n e n t of J&K.
As preswi'bsd by the
Government of J&K.

IS.

Chowkidars

'By ditett recmitmknt.

'As prescribed by
bhe Government of J&K.

19. Sweepers

20. Gardeners

As prasclikd by
the Govanmsnt oflJ&K.

V,

I . Principal SecRLary to
Chalipe'bn

Ely ddpatatibn fmm the 1&K


Cwrt if in M i c e and
'by cWkect r a t h l i m t if m i d .

By
fmm the I L K
Mgh'couttlif in sehlce and
' b) d
h tehrritnrd if tetircd

Must be o r has km a
' Dint. & Sessions J d g e .

Who is or has been a


Wbty Registnr in d&K
High Contt.
Must be a Law Graduate
h v i n g at k t 5 ycars of
emperfence at the Bar.

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4.

Public hosecutor

By d k d appointment

Must be a Law Graduate


having at l e w 10 years
of experience at Bar.

5.

Assn. Public Prosecutor

r)r direct *ppointment

Must be a Law Graduate


having at least 5 years of
experience at Bar.

By bqputs(ion from JBK High


Csun or by direct recruitment.

Who is or has been a


Judgment Writer in JBK
Judicial Services.

6. Judgment Writers

(II

7.

Court Officas/Master

9. Copyist

By deputatjon from JBK High


Court or by* direct recruitment.

By deputafion from the High


Court or Government.

By deputation or direct
recruitment

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Who is or has been a


Reader of the Court in
JBK Judicial Services.

Who is Jr. Assn. if in


service or who is eligible
to be appointed as Jr.
Asstt.

W
w

lavestlsrtloa Wlas

4. DSPs

5:

Inspectors

6.

Sub-Inspectors

I2

7.

ASls

I2

By deputation.
By deputation.
By deputation.
By deputation.
By deputation.
By doputstion.
By deputation.

8. Head Constables

24

By deputation.

9. Constables

40
6
7

By deputation.
By deputation.
By deputation.

Supcrintendit~g
Engineer

By deputation.

2. Executive Engineer

By deputation.

I.

Addl. ffiIIGP

2. DIG

SPs

3.

10. Police Clerks

I I.

Police Drivers

TecbalcaI Wlag
I

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