Bihar Law Officers (Engagement) Rules, 2021
No: C/EH-07/2017-.3909./J Dated: Jul, 26 2021
Bihar Law Officers (Engagement) Rules, 2021
No. C/EH-07/2017-.3909./J—In exercise of powers under Article-162 of the Constitution of India, the Governor of Bihar hereby makes the following Rules to provide for system of engagement of Law Officers for the State of Bihar for the Patna High Court, the Supreme Court of India, other Courts of Law, Tribunals, etc. in a transparent, fair and objective manner and to regulate their engagement, remuneration, duties and other terms and conditions and for matters connected therewith and incidental thereto:-
1. Short title and commencement.— (1) These Rules may be called the Bihar Law Officers (Engagement) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazatte.
2. Definitions:- In these rules, unless the context otherwise requires:-
(a) "Advocate" means an advocate as defined under the Advocates Act, 1961;
(b) "Advocate General" means a person appointed under Article-165 of the Constitution of India as Advocate General for the state of Bihar and includes any person appointed to act temporarily as such;
(c) "Advocate on Record" means an Advocate on Record as per the applicable Rules of the Patna High Court and the Supreme Court of India;
(d) "Assistant Counsel" means an Advocate not being a Law Officer but engaged to provide assistance to Law Officer under Rule-9 of these Rules;
(e) "Category" means the category of post of Law Officers specified in Rule 3 of the Rules and includes such other categories of Law Officers, as may be determined by the Government from time to time;
(f) "Engaging Authority" means the Government;
(g) "Government" means the Government of the State of Bihar;
(h) "Government Counsel" means an Advocate engaged under Rule-5(4) of these Rules;
(i) "Law Officers" means an Advocate engaged under these Rules as a Law officer in the Office of the Advocate General by the Government and includes a Special Public Prosecutor or a Special Counsel;
(j) "Public Prosecutor" means an Advocate appointed under section-24 of the Code of Criminal Procedure, 1973 to be a Public Prosecutor for the Patna High Court or for the Sessions Division and includes Additional Public Prosecutor, Additional Public Prosecutor (Senior Panel) and Special Public Prosecutor;
(k) "Selection Committee" means a committee constituted under Rule-5 of these Rules.
(l) "Search Committee" means a Committee constituted under Rule-4 of these Rules;
(m) "Special Counsel" means an Advocate or a Senior Advocate engaged under Rule 13 of these Rules.
(n) "Research Counsel" means an Advocate engaged under Rule-14 of these Rules.
(o) " Special Public Prosecutor" means an advocate engaged under Section24(8) of the Code of Criminal Procedure, 1973 or any other Special Act specially provided therein.