National Judicial Academy

Act no 24 of the year 2063 (2006)

Whereas, it is expedient to establish and operate the National Judicial Academy for the purpose of enhancing capacity and professional competence and for conducting study and research in the field of law and justice,
Now therefore the House of Representative has enacted this Act in the first year of the Parliamentary Declaration 2063(2006 AD).

Chapter -1
PRELIMINARY

Short title and commencement:

This Act shall be called the "National Judicial Academy Act 2063 (2006)
This Act shall be meant to have come into force on 24th day of Bhadra of the year 2063 B.S. (Sept 9, 2006)

Definitions:

Unless the subject and context other requires, in this Act:

“Academy" means the National Judicial Academy established under Section 3.
"Council" means the Judicial Academy Council constituted under section 6.
"Committee" means the Executive Committee established under section 9.
"Executive Director" means the Executive Director appointed or deputed under sub-section 2 of Section 17.
"Judicial Body" shall mean all such bodies established under prevailing law such as the court, special court, tribunal or bodies responsible for making judicial decision and the said word also includes other bodies which are related to the field of law and justice.
"Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules and bylaws made under this Act.

Chapter -2
ESTABLISHMENT OF THE NATIONAL JUDICIAL ACADEMY

Establishment of National Judicial Academy:

For the purpose of enhancing competence and professional development of judges, government attorneys, personnel and law practitioners working in the judicial bodies and, also for undertaking study and research in the field of law and justice, National Judicial Academy has been established.
The Head Office of the Academy shall be situated in Kathmandu and if it so determines the Academy may open branch office outside of the Kathmandu valley.

Academy to be an autonomous Corporate body:

The Academy shall be an autonomous and a corporate body with perpetual succession.
The Academy shall for its activities have its own separate seal.
The Academy may acquire, possess, sell or otherwise manage any movable and immovable property as an individual.
The Academy may sue or be sued by or against its name as an individual.

Functions and Duties of the Academy

The functions and duties of the Academy shall be as follows:

To organize conduct trainings, conferences, workshops, seminars, symposia, interaction program and any other such types of activities for the purpose of enhancement of the work efficiency and professional skill of judges, government attorneys, personal and law practitioners engaged in judicial bodies.
To undertake study and research in the field of law and justice and publish the research report and materials.
To render or cause to render the service of consultancy and information on various subject pertaining to law and justice.
To co-ordinate with the Supreme Court, Judicial Council, Judicial Service Commission and Nepal Bar Council for purpose of enhancement of work efficiency and professional skill of judges, Government attorneys, personnel and private law practitioner engaged in judicial bodies.
To organize or conduct trainings, conference, workshop, seminars and symposia for the personnel performing legal task in Quasi-Judicial bodies.
To provide help to relevant body about the reforms required for correcting the drawbacks, weakness and mistakes identifies in the field of law and justice.
To make the judicial bodies acquainted with the novel technology and uses there of developed in the field of law and justice.
To tie up the judicial training program with the judicial administration as its integral part.
To tie up the training with the career development by enhancing the knowledge and skill in relation to the procedure of law-drafting, judicial administration, justice dispensation and execution of the verdict.
To run program in order to develop the law practice as the competitive, competent, service oriented and effective legal profession.
To organize seminars, symposia, conferences and workshops by making participation of the experts of the concerned fields for the purpose of resolving the problems seen in the field of law and justice.
To make the training program standard and effective by making contact with the judicial training institutions of other countries.
To work as the liaison with Government of Nepal and International organizations and agencies on matters relating to the training program to be conducted in the field of law and justice for enhancement of ability and competency.
As per the requirement collaborate or and collaborate with Government of Nepal, national of International organization for capacity enhancement and professional development of Judges, officials and lawyers working in judicial bodies.
In order to provide support to run and develop the program of the Academy, the Academy shall work to make means and resources available from the government of Nepal, foreign government, international agency, and institution or individual.
To organize study tours of foreign judicial bodies or training institutes and foreign training programs, seminar and workshop etc for the purpose of enhancing professional skill of judicial personnel.
To carry out or cause to be carried out the other functions as prescribed.

CHAPTER- 3
PROVISION RELATING TO THE COUNCIL

6. Constitution of the Council

A Judicial Academy Council shall be constituted for working as the supreme body of the Academy.
The Council shall be comprised of the followings:

Chief Justice Chairperson
Minister for Law, Justice and Parliamentary Affairs Member
Vice-Chair, National Planning Commission Member
Two persons from among the sitting Judges of Supreme Court Member
Attorney General, Office of Attorney General, Member
One person from among the retired Judge of the Supreme Court Member
Dean, Law Faculty, Tribhuvan University Member
One judges from among the sitting judges of Court of Appeal Member
One person from among those who is professor of law and having at least Five year's teaching experience Member
President, Nepal Bar Association Member
One District Court Judge Member
Three persons representing women, ethnic community and dalit from among persons and, after graduating in law have working for fifteen years in areas of law and justice Member
Executive-Director of the Academy Member-Secretary
The members pursuant to clauses (d), (f), (h), and (k) shall be nominated by Chief Justice and members pursuant to clause (l) shall be nominated by the government of Nepal. The tenure of such member shall be for a period of two years from their appointment.

3. The Council if it deems necessary, may invite any person having expertise in the field of law and justice to participate at its meeting as an observer.

7. Meeting of the Council

The meeting of the Council shall be held at least two times a year.
The Member Secretary of the council shall call the meeting of the Council as directed by the chairperson of the Council.
The member secretary of the Council shall make available the notice regarding the calling of the meeting along with the agenda to be discussed at the meeting in advance of seven days at minimum.
The Chairperson shall preside over the meeting of the Council and in his/her absence, a member selected from among the members themselves present at the meeting shall preside over the meeting.
The quorum for holding the meeting shall be deemed as adequate in case more than fifty percent of total members exited at that time are present.
The decision at the meeting shall be taken on the basis of majority votes and in case of a tie the person presiding over the meeting shall exercise his casting vote.
The member secretary of the Council shall authenticate the minutes of the meeting.
Other procedures of the meeting of the Council shall be as determined by the Council itself.

8. Powers, functions and duties of the Council
The powers, functions and duties of the council shall be as follows:

To formulate policies as regards to training and research programmes to be conducted by the Academy,
To approve the long-term plan of the Academy,
To approve the annual programme and budget of the Academy,
To make rule of the Academy and to approve bye laws,
To carry out other functions as prescribed by the Council itself.

CHAPTER -4
PROVISION RELATING TO THE COMMITTEE

9. Formation of the Executive Committee

For the purpose of carrying out the functions as the executive body of the Academy there shall be an executive committee.
The formation of the committee shall be as follows:

Executive Director of the Academy Chairperson
Secretary, Ministry of Law, Justice and Parliamentary Affairs Member
Secretary, Judicial Council Member
Registrar, Supreme Court Member
Senior most Deputy Attorney General,

Office of the Attorney General Member

Secretary, Nepal Bar Association Member
One senior employee of the Academy nominated by the Committee Member secretary

The Committee may, if it seems necessary, invite any national or foreign expert working in the field of law and justice to attend its meeting as an observer.

10. Meeting of the Committee
1) The meeting of the Committee shall be held as per requirement,
2) The member secretary of the Committee shall call the meeting of the Committee as directed by the chairperson of the Committee,
3) The member secretary of the Committee shall make available the notice regarding the calling of the meeting along with the agenda to be discussed at the meeting in advance of three days at minimum,
4) The quorum for holding the meeting shall be deemed as adequate in case more than fifty percent of total members enrolled for the time being are present,
5) The chairperson shall preside over the meeting of the Committee and in absence of him a member selected from among the members themselves present at the meeting shall preside over the meeting,
6) The decision at the meeting shall be taken on the basis of majority votes and in case of a tie the person presiding over the meeting shall exercise his casting vote,
7) The member secretary of the Committee shall authenticate the minutes of the meeting.
Other procedures of the meeting of the Committee shall be as determined by the Committee itself.

11. Powers, Functions and Duties of the Committee shall be as follows:

To prepare the long term plan of the Academy,
To prepare the policies as regards to judicial training and research to be conducted by the Academy,
To prepare annual program and budget of the Academy and submit it to Governing Council,
To conduct research and training program of the Academy and to provide consultancy service,
To evaluate or to cause to be evaluated the training programmes conducted by the Academy,
To make arrangement for exchange of service with experienced personalities of various faculties in order to make the training program more functional and practical,
To carry out other functions as prescribed.

CHAPTER – 5
PROVISION RELATING TO THE TRAINING PROGRAMME

12. To determine the Training program and scope
1) The Academy as per requirement in consultation with other judicial bodies shall determine the training program and scope to that effect.
2) The Academy shall determine the scope of training, evaluation criteria, training material and syllabus on the basis of training program and scope formulated pursuant to sub- section (1).

13. Evaluation of training program
1) With the help from expert, the Academy from time to time shall monitor and evaluate the effectiveness of the training programmes conducted by it.
2) The Academy on the basis of the evaluation made pursuant to sub-section (1) after making review of its training program and policy may redesign or reform on the same.

14. Training method
Considering the subject of training and group of trainees, the Academy may adopt the useful and effective modern training method.

15. Arrangement of Training material
The Academy may make arrangement of necessary and appropriate training material for the training programmes.

16. To prepare the panel of instructors
1) The Academy shall prepare the panel of instructors on the basis of subject and sector and shall make arrangement for providing training on subject matter relating to law and Justice.
2) While preparing the panel pursuant to sub-section (1), the Academy shall prepare separate list on the basis of subject-wise and scope-wise.
3) The Academy shall make the panel list prepared pursuant to sub-section (1) up to date from time to time.

CHAPTER – 6
PROVISION RALATING TO
EXECUTIVE DIRECTOR AND PERSONNEL

17. Appointment of Executive Director
1) There shall be an Executive Director as the Executive Chief of the Academy.
2) Chief Justice of Supreme Court on the recommendation of Judicial Council shall appoint at the post of Executive Director from the sitting Chief Judge or other judge of Court of Appeal who has ability on management, research and training.
3) The tenure of the Executive Director shall be for the maximum period of four years and may be eligible to be re-appointed for one additional term if his performance is deemed satisfactory.
4) Remuneration, facilities and other terms and conditions of service of the Executive Director shall be as prescribed.

18. Removal of Executive Director from the office
In case the council feels that executive director is not performing his duty honestly and efficiency or he is found not performing his duty honestly, Chief Justice, on the recommendation of Judicial Council may remove the Executive Director from his office prior to expiration of his term.

Provided that, before removing the Executive Director from his office he shall be provided a reasonable opportunity to submit his clarification.

19. Powers, function and duties of the Executive Director
Following shall be the power, function and duties of the Executive Directors:

To implement or cause to be implemented the decisions and directives of the council and board,
To prepare or to cause to be prepared the long- term plan, annual program and budget of the Academy,
To submit the progress report of the Academy before the board and the council.
To do or cause to do internal evaluation and inspection of the training program conducted by the Academy,
To do other necessary administrative work of the academy as an Executive Chief.
To carry out other works as prescribed.

20. A judge of Court of Appeal or District court may be appointed on deputation
As per the request of the Academy, a judge of Court of Appeal or District Court may be appointed on deputation in the Academy as Trainer or Researcher or Analyst for a specified period of time on the request of Council.

21. Provision relating to the staff of the Academy
1) There shall be staff in the Academy as prescribed.
2) Appointment, salary and terms and conditions of service and powers, functions and duties of the staff shall be as prescribed.
3) On the request of Academy, the employee from Nepal Judicial Service can be hired on deputation in the Academy.

CHAPTER – 7
PROVISION RELATING TO FUND AND AUDITING

22. Fund of the Academy
1) There shall be a separate fund of the Academy and the following money shall be deposited in the fund:
a) Money to be received as grants from Nepal Government,
b) Money to be received as grant assistance from any foreign government or international institutions or agencies,
c) Money to be earned for rendering consultancy services,
d) Money to be received through sale of publications of the Academy,
e) Money to be received from any other sources.

Prior to receiving money pursuant to clause (b) of subsection (1), the Academy shall have to obtain approval of Nepal Government.
Money of the fund shall be deposited any bank by opening the account.
Money to be required for running the Academy shall be borne from the fund pursuant to sub-section (1).
Operation of the account of the fund of the Academy shall be done as prescribed.

23. Accounts and Auditing
1) Book of income and expenditure of the Academy shall be kept as required by the prevalent law.
2) Auditing of the Academy shall be done by the Auditor General.

CHAPTER – 8
MISCELLANEOUS

24. Formation of sub committee and task force
1) The Academy may from sub committee or working group as required for performing tasks pursuant to this Act.
2) Powers, functions and duties of and facilities to be provided to the members of the sub committee to be formed pursuant to sub section (1) shall be as prescribed.

25. To publish the Annual Report
1) Every year the Academy shall make its annual report published.
2) The report prepared pursuant to subsection (1) shall contain inter alia the programmes conducted by the Academy in the previous year, money received by the Academy from various resources, statement of cost and expenses incurred in each program separately, cost incurred on conducting the training programmes, evaluation of achievement attained from various programmes conducted by the Academy, and recommendations for reforms.

26. Delegation of power
1) The Academy as per requirement may delegate all or any of the powers vested on it under this Act to the board or Executive Directors.
2) The board as per requirement may delegate all or any of the powers vested on it under this Act to the sub committee formed pursuant to section 23, executive director or any other official.

27. Contact with Nepal Government
The Academy while making contact with Nepal Government shall contact through the Ministry of Law, Justice and Parliamentary Affairs.

28. Power to make rules
For the purpose of carrying out the objectives of this Act, the Academy may make the required rules.

Provided that the Academy shall obtain concurrence from Nepal Government while making rules pertaining to remuneration, facilities which has impact of financial burden to Nepal Government.

29. Effect of the Annulment of the National Judicial Academy Ordinance, 2062
After the annulment of National Judicial Ordinance, 2062, unless it intends otherwise, the annulment shall not -

denote anything not in force or existing at the time at which the Ordinance has taken effect,
affect any operation or action duly done or anything already enjoyed in accordance with the Ordinance,
affect any right privileges, obligation or liability already acquired, achieved or enjoyed in accordance with the Ordinance,
affect any punishment, penalty or forfeiture incurred in accordance with the Ordinance,
affect any action, proceeding or remedy taken in respect of such right, privilege, obligation, liability or punishment as aforesaid, and any legal proceeding or remedy may be instituted, continued or enforced as if the Ordinance is in effect.

Verified on 2063/8/6