MIZORAM JUDICIAL SERVICE RULES, 1989
(1) These rules may be called the Mizoram Judicial. Service Rules, 1989.(2) They shall be deemed to have come into force with effect from the 17th February, 1986 on which the Mizoram Judicial Service Rules, 1986 was notified in the Mizoram Gazette.
In these rules, unless the context otherwise requires—(a) “Administration of Justice Rules of1937” and “Administration of Justice Rules of 1953” means the Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills, 1937 ; and the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953 respectively as amended and adapted ;(b) “Chief Justice” means the Chief Justice of the Gauhati High Court;(c) “Commission” means the Mizoram Public Service Commission ;(d) “Committee” means the Selection Committee constituted under Rule 12 of these rules ;(e) “Constitution” means the Constitution of India(f) “District Council Court” means and includes the District Council Court, Aizawl, Subordinate District Council Courts, Aizawl and Lunglei, Additional Subordinate District Council Courts, Aizawl
There shall be constituted by the Government a service to the known as the Mizoram Judicial Service consisting of the following persons, namely:(a) persons appointed to the service in accordance with the initial constitution of the service as per Rule 13 (i) of Part IV of these rules;(b) persons appointed to the Mizoram Judicial Service after the Mizoram Judicial Service Rules, 1986 came into force;(c) persons to be appointed to the service in accordance with the provisions of these rules.
The service shall consist of four grades of officers as shown in Schedule A to these rules, namely :(1) (a) Grade I Senior(b) Grade I Junior(ii) Grade II(iii) Grade III(iv) Grade IV
(1) The strength of the service and the posts in different Grades therein shall be as the Governor may, from time to time, determine.(2) At the commencement of these rules, the composition and the strength of the service shall be in accordance with the initial constitution made under Rule 13 of the Part IV of the rules.
Save as provided in Rule 13 of these rules, recruitment to the service shall, after the commencement of these rules, be made by the following methods:Appointment to the service in the Grade IV in any one year shall be made by the Governor in the manner indicated below :(a) by filling up two-thirds of the vacancies by direct recruitment on the basis of the competitive examination to be conducted in the manner as laid down in these rules ; and(b) by filling up the remaining one-third of the vacancies in the Grade IV by selection from amongst the members of the Bar having been a practising advocate of any court in India for a period of not less than three years as per the certificate issued by the principal District Court or the Bar Association ;(c) All appointments to the service shall be made to respective grades or time scales of pay of the service and not agains
A candidate for recruitment to the vacancies in Grade IV shall satisfy the following conditions, besides the general qualification laid down in Rule 9 of the rules :(i) (a) for direct recruitment on the basis of the result of the competitive examination as laid down in Rule 6 (a), he shall not be less than 21 years and more than 30 years on the first January of the year in which the examination is held and the candidate should have passed Class IV standard in Mizo vernacular ;(b) for recruitment by selection as laid down in Rule 6 (b), he shall not be less than 25 years and not more than 35 years of age on the first day of January of the year in which the selection is made ;(ii) he must be a holder of the Bachelor degree in laws of any University recognised for the purpose.
(1) Appointment to the service in the Grade I, II and III, except for the vacancies in the post of Assistant Registrar, Deputy Registrar or Registrar of the High Court, as the case may be, shall be made by the Governor in consultation with, and on the recommendation of the High Court, by promotion from the next grade below from the permanent members of the service, on the basis of merit-cum-seniority.(2) In the case of failure to fill up the posts in Grade I, II and III by promotion from the permanent members of the service, in Grade I, III and IV respectively, up to 25% of the vacancies may be filled up direct recruitment from the Bar on the recommendation of the High Court:Provided that a candidate for such recruitment from the Bar under sub-rule (2) shall be not be less than thirty years and not more than forty-five years on the 1st day of January in the year in which the recruitment i
Every member of the service shall satisfy the following general conditions :(i) shall be a citizen of India ;(ii) shall be of good character ;(iii) shall be found health, active habits and free from any bodily defect or deformity which may render him unfit for such appointments ;(iv) shall not have more than one spouse living unless exempted by the Governor on special ground.
(1) The Chief Justice, in exercise of his powers under Art. 229 (1) of the Constitution, may fill up the post of the Registrar in the Grade I by way of promotion from posts in Grade II, the post of the Deputy Registrar in Grade II from the post in Grade III, and the post of the Assistant Registrar in the Grade III from the posts in the Grade IV.(2) Notwithstanding anything contained in the sub-rule (1) of this rule and in these rules, Chief Justice may fill up 15% of the vacancies in the posts of Assistant Registrars by promotion from amongst the Ministerial Staff of Law and Judicial Department or at the High Court and the Subordinate Courts in Mizoram.(3) Notwithstanding anything contained in these rules the conditions of the service of the persons appointed to the posts of Registrar, Deputy Registrar and Assistant Registrar shall be regulated by the rules already made or to be mad
(1) For the purpose of direct recruitment in Grade IV, a competitive examination as specified in the Schedule B of these rules shall be conducted through the Commission.(2) Decision of the commission as to the eligibility or otherwise of a candidate for admissible to the examination shall be final ; and only those candidate to whom admission card has been issued by the Commission shall be admitted to the examination.(3) The Commission shall prepare a final list, in order of merit of the candidates who have qualified in the examination so held, and shall forward the same to the Governor alongwith relevant papers and specified recommendation, if any.(4) Any inclusion of a candidates’ name in the list shall confer no right for appointment to the service unless the Governor is satisfied, after inquiry as may be considered necessary, that the candidate is suitable in all res
(l) So long as the Commission is not constituted, a committee shall be constitute by the Governor, which shall conduct the competitive examination and do all other necessary exercise as may be required to be done by the Commission as per R.11, for the purpose of direct recruitment to the service in the Grade IV.(2) For the purpose of promotions to Grade I, II and III, lists of eligible members of the service shall be prepared, and then forwarded by the Government to the committee alongwith the Character Rolls, service records and other relevant papers :Provided that the lists prepared under this sub-rule shall be the basis of the principles laid down in Rule 8 of these rules.(3) The lists as finally considered any recommended by the committees shall be forwarded to the High Court by the Government alongwith all the relevant papers and with the documents received under sub-rule
At the commencement of these rules, the following persons shall be the members of the service and deemed to be appointed in the equivalent Grade and scale as specified ion the Schedules appended to these rules :(i) Persons who immediately before the commencement of these rules, held or have been holding any of the existing posts as specified in the Schedule C ; provided that the members who have held any post specified in the Schedule C prior ^to the commencement of the Mizoram Judicial Service Rules, 1986, the entire length of their services shall be counted as service under these rules :(ii) Persons appointed to the service after the commencement of the Mizoram Judicial Service Rules, 1986 ;(iii) Persons who immediately before the commencement of these rules, held or have been holding the posts of the President and Recorder or the Judicial Officer or the Magistrate, under the D
(1) The seniority inter se the members of the service in the respective Grades shall be as a determined by the Governor in consultation with the High Court.(2) The relative seniority of the members of the service in its initial constitution as per Rule 13 shall be determined with reference to a particular grade or scale according to the length of the service of such members in that particulars grade or scale which they have been holding immediately before the commencement of these rules.(3) The relative seniority of the member on direct recruitment to the Grade IV shall be determined according to the order of merit of the basis of the list to be prepared under Rule 11 (3), whereas the relative seniority of the members on selection from the Bar shall be determined in accordance with the merit list to be prepared by the Committee under Rule 12 :Provided that if any such recrui
(1) Mutatis Mutandis to Rule 6 (c) all appointments to the service shall be made to the appropriate Grads of the service and not against any specific post.Conferment of power.—(2) The Governor may, in consultation with the HighCourt, confer upon the members of the service any or all the powers conferrable under the Code of Criminal Procedure, 1973 and under the Administrative of Justice Rules, 1937 and of 1953.
Appointment to the service in any Grade of service shall be subject to the orders regarding special representation in the service for the Scheduled Castes and Schedule Tribes as may be issued by the Government from time to time.
No person—(a) who has entered into or contracted a marriage with a person having a spouse living, or(b) who, having a spouse living, has entered into or contracted a marriage with any, or(c) who has undergone sentence of any term on conviction by any Court of law.shall be eligible for appointment to the service :Provided that the Governor may, if satisfied that such marriage is permissible under the personal law applicable to such persons and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
No candidate shall be appointed to the service unless he is declared, after such medical examination, as the Governor may prescribe, to be mentally and physically sound and free from any defects likely to effect the due discharge of his Government duties.
(1) Every person recruited to the service in accordance with these rules be on probation for a period of two years :Provided that the period of probation, may, for good and sufficient reasons to be recorded in writing, be extended by the Governor in the individual cases.(2) Any member of a service on probation shall be liable to be discharged from the service at any time without assigning any reasons therefor during the period of probation:Provided that if he holds a lien on any permanent post under the High Court or the State or the Central Government, he shall be liable to be reverted to that post;Provided further that a person who holds lien on any permanent post under the High Court or the State or the Central Government may, if he so desires, during the period of probation, opt for reversion to his parent department after giving a notice of one month or of such
(1) Every probationer shall, during the period of probation, successfully undergo such training as the Governor, may, in consultation with the High Court, prescribes from time to time.(2) All new recruits to the service shall undergo an initial training for two weeks in Criminal Courts and for another two weeks in Civil Courts before they start working. The Courts where the training would be undergone shall be decided in consultation with the High Court and indicated in the appointment order.
Every probationer shall, during the period of probation, qualify himself at such departmental examination as may be prescribed and conducted by the Commission :Provided that the Governor, for good and sufficient reasons to be recorded in writing, temporarily exempt a probationer from any one or more of the prescribed departmental examinations.
A probationer who has been declared to have satisfactorily completed the period of probation and qualified successfully in the departmental examinations shall be confirmed in the service by the Governor or by the High Court, as the case may be.
(1) The time scale of pay admissible to a member of the service with effect from the date of enforcement of these rules shall be as follows, subject to revisions by the Government from time to time :1. (a) Grade I Senior Rs. 5100-150-6300-200-6700.(non-functional)(b) Grade I Junior (non functional) Rs. 4500-150-5700.2. Grade II (non-functional) Rs. 3700-125-4700-150-5000.3. Grade III (non-functional) Rs. 3000-100-3500-125-4500.4. Grade IV Rs. 2200-75-2800-EB-100-4000.(2) Notwithstanding anything contained in these rules—(a) a member of the service in Grade IV shall be entitled to the scale of pay in Grade III after completion of five years of service in Grade IV or in the equivalent judicial posts in the Sc
(1) On first appointment to the service in the Grade IV, the initial pay of a member of the service shall be fixed at the minimum of the time- scale, unless under the Fundamental Rules or any other rules for the time being in force, his pay has to be fixed at a higher stage.(2) On appointment to Grades, I, II and III of the service, the initial pay of a member of the service in the time-scale shall be fixed in accordance with the principles governing such fixation under the Fundamental Rules or any other rules for the being in force.
(1) The first increment admissible to a member of the service in Grade IV time-scale shall accrue on the expiry of successful completion of the period of probation from the date of his joining the service.(2) The pay of a member of the service on confirmation shall be fixed at such a stage in Grade IV of the time-scale as if he has been allowed his usual increments due but for withholding of the due increments for the period to the date of his confirmation.(3) The Governor may withhold, for such time as he may direct, any increment or increments due to a substantive member of the service who has failed to pass the Departmental examinations within such time as the Governor may, by general or special order, prescribe ; but withholding of such increment shall have no cumulative effect.
A member of the service shall not be allowed to cross the efficiency bar in the time-scale of pay unless the Governor is satisfied about his ability and integrity.
Notwithstanding anything contained in these rules and in the earlier Recruitment Rules, if any, the existing posts specified in the Scheduled the rules, namely, Secretary, Joint Secretary, Deputy Secretary, Under-Secretary and Special Officer in the Department of Law, Judicial & Parliamentary Affairs and the posts of Additional District Magistrate (Judl.) in the districts shall stand re- designated as the posts of Legal Remembrancer-cum-Secretary, Joint Legal Remembrancer-cum-Joint Secretary, Deputy Legal Remembrancer-cum-Deputy Secretary, Assistant Legal Remembrancer- cum-Under-Secretary, Special Officer-cum-Assistant Draftsman, in the Department of Law Judicial & Parliamentary Affairs and Chief Judicial Magistrate in the Districts respectively for the purpose of these rules, with effect from the date of commencement of the Mizoram Judicial Service Rules, 1986 or from the date of commencement of these rul
Except as provided, in these rules, all matters relating to pay, allowance, pension, leave, discipline and other conditions of the service shall be regulated by the Fundamental Rules read with such other relevant rules as may be in force in the State from time to time.
In regard to matters not specifically covered by these rules or by regulations or orders issued thereunder, the member of the service shall be governed by the rules, regulations and orders applicable to the members of Mizoram Civil Service.
For the purpose of removing any difficulty in the implementation of these rules or where the Governor is satisfied that the operation of any of these rules causes undue hardship in any particular case, the Governor may dispense with or relax any of these rules to such extent and subject to such conditions as he may consider necessary for resolving the difficulty or for dealing with the case in a just and equitable manner.
If any question arises as to the interpretation of these rules, the same shall be referred to the Governor whose decision shall be final.
The Mizoram Judicial Service Rules, 1986, and all previous Recruitment Rules for the posts in Schedule C to these rules, and orders made in that behalf shall stand repealed with the commencement of these rules :Provided that any order made or action taken under the Rules so repealed or under any general orders ancillary thereto shall be deemed to have been made or taken under the corresponding provisions of these rules.
SCHEDULE A
[See Rule 2 (g) and Rule 4]
SCHEDULE C
[See Rules 5 (2) and 13 (i)]
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
