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Jharkhand Gazette · Government of Jharkhand

Jharkhand Gazette, No. 414, 05 August 2026

Published 05 August 2026

Type
Extra Ordinary
Gazette no.
414
Identifier
in.gazette.jharkhand.2026-08-05.414
Languages
English, Hindi

सत्यमेव जयते

झारखण्ड गजट

असाधारण अंक

झारखण्ड सरकार द्वारा प्रकाशित

1 श्रावण , 1948 (१० )

23 जुलाई , 2026 ( ई ० )

संख्या 414 राँची, गुरुवार ,

Government of Jharkhand

Department of Law

Notification

25 th June, 2026

TheJharkhand Law officer (Engagement ) Rules , 2026

Notification No. - C/ AGO ( Niyukti ) -25/2016-1425/J , Dated 25th June , 2026 In exercise of the powers under Proviso of Article 309 of the Constitution of India , the Governor of Jharkhand hereby makes the following Rules to provide a system of engagement of Law Officers who will represent the State of Jharkhand in the Jharkhand 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 matter connected therewith and incidental thereto-

1. Short tile and commencement-

(1) These Rules may be called the Jharkhand Law Officers ( Engagement ) Rules , 2026 .

(2) They shall come into force with effect from the date of notification .

2. Definitions : - In these Rules, unless the context otherwise requires: -

(a ) " Advocate " means an advocate as defined under the Advocates Act , 1961;

2

झारखण्ड गजट ( असाधारण ) गुरुवार , 23 जुलाई, 2026

( b) "Advocate General " means a person appointed under Article 165 of the Constitution of India as Advocate General for the State of Jharkhand 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 Jharkhand High Court and the Supreme Court of India .

(d ) " Category " means the category of post of Law Officers specified in Rule 3 of these Rules and includes such other categories of Law Officers , as may be determined by the Government from time to time ;

(e) "Engaging Authority " means the Government ;

(f ) " Government " means the Government of the State of Jharkhand ;

(g) "Government Counsel " means an Advocate engaged under Rule 5 (4) of these Rules ;

( h ) " Law Officer " means an Advocate engaged under these Rules as a Law officer in the Office ofthe Advocate General by the Government and includes a special Public Prosecutor or a Special Counsel ;

(i ) " Public Prosecutor " means an Advocate appointed under Section 18 and 19 of the Bhartiya Nagrik Suraksha Sanhita , 2023 to be a Public Prosecutor for the Jharkhand High Court and for Sessions Division and includes Additional Public Prosecutor , Additional Public Prosecutor (Senior Panel ) and Special Public Prosecutor ;

(j ) "Selection Committee " means a committee constituted under Rule 5 of these Rules ;

(k) " Search Committee " means a Committee constituted under Rule 4 of these Rules ;

( 1 ) "Special Public Prosecutor " or " Special Counsel " means an Advocate or a Senior Advocate engaged under Rule 12 of these Rules ;

3. Categories of Law Officer: -

(1) The following Categories of Law Officers may be engaged for the Jharkhand High Court , namely: -

(a) Senior Additional Advocate General ,

(b) Additional Advocate General ,

(c) Standing Counsel ( Civil side ) ,

(d ) Government Pleader

( e) Government Advocate ,

(f) Standing Counsel ( Criminal side)

(g) Public Prosecutor,

(h ) Additional Public Prosecutor,

(2) The following Categories of Law Officers may be engaged for the Supreme Court of India , namely: -

(a) Senior Additional Advocate General

(b ) Additional Advocate General ,

(c) Standing Counsel ,

(d) Arguing Counsel .

( e) Advocate on Record, 3 झारखण्ड गजट ( असाधारण ) गुरुवार , 23 जुलाई, 2026

(3) The following Categories of Law Officers may be engaged for the Civil and Criminal Courts ofJharkhand , namely: -

( a) Public Prosecutor ,

(b) Government Pleader,

( c) Additional Public Prosecutor,

( d) Additional Government Pleader ,

( e) Special Public Prosecutor.

(4) The above categories of Law Officers and the number of Law Officers to be engaged under each category shall be fixed and /or modified , from time to time as required , by the Government based on an assessment made by the Government in consultation with the Advocate General .

(5) The Government while making assessment under sub - Rule ( 4) above may take into consideration various aspects, including but not limited to the workload of legal cases involving the Government , the total number of Courts ( sanctioned and working) , the nature of work involved , specialization in subject matters and any other relevant material or aspect , as it deems fit .

(6) The Government shall be Engaging Authority for the Law Officers belonging to the various categories of posts under these Rules and Law Officers so engaged shall hold such posts during the pleasure of the Government .

(7) In relation to the Boards , Corporations and other authorities funded and run by the funds of the State Government , the engagement of the counsel to represent such bodies before the courts and tribunals in the State of Jharkhand and elsewhere shall be made on a case to case basis by the Advocate General only from the panel of Law Officers engaged by the State in terms of these Rules after taking into consideration the recommendation , if any , of the Law Department of the concerned Board , Corporations and other authorities . The payment of remuneration for such counsel shall not exceed the fee paid in terms of Rules 12 hereinafter and be commensurate with the fee paid to Law Officers having similar qualification.

For all other non litigation assignments , the Law Department of the Boards , Corporations and other authorities funded and run by the funds of the State Government shall engage counsel only from the panel of Law Officers engaged by the State in terms of these Rules on a case to case basis . The payment of remuneration for such counsel shall not exceed the fee paid in terms of Rules 12 hereinafter and be commensurate with the fee paid to Law Officers having similar qualification .

There shall be no retained counsel for such bodies including Department of State Government .

4. Search Committee: -

(1) There shall be a Search Committee for searching the names of and preparing the panel of Advocates for making recommendation to the Selection Committee for engagement of different categories of Law Officers in the Jharkhand High Court and in the Supreme Court ofIndia . This Committee shall consist of the following : - 4

झारखण्ड गजट ( असाधारण ) गुरुवार, 23 जुलाई , 2026

(a) The Advocate General , Jharkhand- Chairman ;

(b ) Principal Secretary , Personnel , Administrative Reforms and Rajbhasha Department , Jharkhand - Member;

(c) The Principal Secretary , Department of Home , Jharkhand- Member .

(2) The Search Committee shall prepare a panel of names of Advocates , not more than upto twice the number as determined under Rule 3 (4 ) and Rule 3 ( 5 ) of these Rules , on the basis ofthe eligibility criteria set out under these Rules and their experience , integrity, reliability , reputation , merit and suitability and submits its recommendation to the Selection Committee through the Law Department for engagement of such Advocates as Law Officers in the Jharkhand High Court and the Supreme Court of India .

(3) The Search Committee shall formulate its own procedure for seeking willingness and preparation of the panel of the names of the advocates for engagement as Law Officers in theJharkhand High Court and the Supreme Court of India .

5. Selection Committee and Engagement : -

(1) The Selection Committee shall consist of the following : -

( a) The Minister/ Minister- in - Charge , Law Department - Chairman

( b) The Advocate General- Member

( c) The Chief Secretary - Member

(d) The Principal Secretary- cum- Legal Remembrancer, Law Department- Member Secretary

(2) The Selection Committee , on receipt of the recommendation made by the Search Committee under Rule 4( 2) of these Rules , shall recommend to the Government for engagement of such Advocates as Law Officers in Jharkhand High Court and the Supreme Court of India on the basis of the eligibility criteria set out under these Rules and their experience, integrity, reliability , reputation , merit and suitability .

(3) On the recommendations made by the Selection Committee under sub - Rule ( 2) , the Government shall , by order , make the engagement of Law Officers to the various categories of posts in Jharkhand High Court and the Supreme Court of India and shall issue order ( s ) of engagement of Law Officers including such terms and conditions as may be determined by the Government in this regard from time to time .

(4) The Government Counsel for Tribunals , other adjudicatory bodies constituted by or under any other State or Central Act , except the Civil Courts , or in case so specially required for any particular Department of the Government , shall also be engaged by following the provisions of and on the basis of eligibility and criteria under these Rules by the Government and such Counsel shall discharge the duties similar to those of the Law Officers under these Rules and paid remuneration in terms of Rule 12 hereinafter.

(5 ) (i ) For engagement of Law Officers for Civil and Criminal Courts of Jharkhand as mentioned in Rule 3 ( 3 ) of these Rules the Search Committee shall consist of the following namely: -

a. For Public Prosecutor - The District Magistrate and the Superintendent of Police of the concerned District .

5 झारखण्ड गजट ( असाधारण ) गुरूवार , 23 जुलाई, 2026

b . For Government Pleaders - The District Magistrate and the Additional Collector ofthe concerned District.

c . For Additional Public Prosecutor - The District Magistrate , the Superintendent ofPolice and the Public Prosecutor of the concerned District .

d . For Additional Government Pleader The District Magistrate , the Additional Collector and the Government Pleader of the concerned District .

e. For Special Public Prosecutor - The District Magistrate and the Superintendent ofPolice of the concerned District .

( ii ) The Search Committee constituted under sub - Rule 5 (1 ) in consultation with the Principal District and Sessions Judge for the concerned district shall prepare a list of names of Advocates on the basis of the eligibility criteria set out under these Rules and their experience , integrity , reliability , reputation , merit and suitability and submit it to bePrincipal Secretary- cum - Legal Remembrance , Law Department .

( iii ) The list so forwarded by the District Magistrate shall be placed before the Selection Committee constituted under Rule 5 ( 1 ) of these Rules and based on the eligibility and qualifications as provided under these Rules and also their experience , integrity , reliability , reputation , merit and suitability the Selection Committee shall prepare a panel of names of Advocates for engagement by the Government on the categories of posts mentioned in Rule 3 (3 ) of these Rules . On such recommendations made by the Selection Committee , the Government shall , by order , make engagement of Law Officers to the various categories of Posts in the Civil Courts of Jharkhand . Provided that the engagement of Public Prosecutor and Additional Public Prosecutor in the Jharkhand High Court and the Civil Courts of State shall be made as per the provisions as contained in Section - 18 & 19 of the Bhartiya Nagrik Suraksha Sanhita , 2023 .

(6) The Search Committee while making recommendation of the names of the Advocates for their engagement on various categories of posts shall have regard to the facts that the list of the Advocates so recommended contains proper representation of all sections of the society.

(7) The Search Committee of the district shall recommend the names of the Advocates , upto twice of the number of vacancy of the Law Officers as determined under Rule 3 (4 ) and Rule3 (5) of these Rules .

6. Eligibility: -

(1) In order to be eligible to be engaged as a Law Officer , an Advocate shall be: - (a) a citizen of India and registered with a Bar Council constituted under the Advocate Act, 1961; and

( b) a designated senior Advocate who is practising in the Supreme Court or any High Court, or a Senior Advocate or an Advocate who is practising in the Jharkhand High Court or an Advocate who has been practising in the Civil Courts of Jharkhand ;

(c) possesses the following standing in number of years of practice against the respective categories and being an income tax assesses for at least three financial years from the financial year in which engagement is to be made: - 6

झारखण्ड गजट ( असाधारण ) गुरुवार, 23 जुलाई , 2026

(i ) For Senior Additional Advocate General and Additional Advocate General for the Jharkhand High Court , he has been in practice as an Advocate for not less than 15 years in the Jharkhand High Court or is a designated Senior Advocate of the Supreme Court or any High Court .

(ii ) ForSenior Additional Advocate General and Additional Advocate General for the Supreme Court , he has been in practice as an Advocate for not less than 20 years and is a designated Senior Advocate of the Supreme Court or any High Court.

(iii) ForStanding Counsel for the Supreme Court of India , he has been in practice as an advocate for not less than 15 years in the Supreme Court ;

(iv) For Standing Counsel for the Jharkhand High Court , he has been in practice as an Advocate for not less than 12 years in the Jharkhand High Court ;

(v) ForArguing Counsel for the Supreme Court of India , he has been in practice as an advocate for not less than 20 years and is practising in the Supreme Court ofIndia ;

(vi) ForGovernment Pleader for the Jharkhand High Court or for the Civil Courts ofJharkhand , he has been in practice as an advocate for not less than 10 years in the Jharkhand High Court or in the Civil Courts of Jharkhand respectively for that Court for which the engagement is to be made;

(vii) ForAdvocate on Record for the Supreme Court , he has been an Advocate on Record of the Supreme Court for not less than 10 years ;

(viii ) for Government Advocate for the Jharkhand High Court he has been in practice as an Advocate for not less than 5 years in the Jharkhand High Court;

(ix) ForPublic Prosecutor for the Jharkhand High Court or for the Civil Courts of Jharkhand , he has been in practice for not less than 10 years in the Jharkhand High Court or in the Civil Courts of Jharkhand respectively for that Court for which the engagement is to be made;

(x) Foran Additional Public Prosecutor for Jharkhand High Court or for the Civil Courts of Jharkhand , he has been in practice as an Advocate for not less than 07 years in the Jharkhand High Court or in the Civil Courts of Jharkhand respectively for that Court for which the engagement is to be made ;

(xi ) For a Special Public Prosecutor for the Civil Courts of Jharkhand , he has been in practice as an Advocate for not less than 10 years in the Civil Courts of Jharkhand .

7. Disqualification for engagement - An Advocate or a Senior Advocate shall be disqualified from being engaged or to continue as Law Officer under these Rules in the following circumstances: - 8

झारखण्ड गजट ( असाधारण ) गुरुवार , 23 जुलाई, 2026

above except Government Advocates appointed in terms of Rule 3 ( 1) ( e ) above in research , drafting etc. ( except appearing in court ) , in such number and on such fee , as may be decided by the Government on the recommendation of the Advocate General to assist the Law Officers in performing their duties stated under Rule 8 of these Rules . Such Law Research Officer shall be associated with the Law Officer assigned to him by the Advocate General . Such Law Research Officer shall not accept or act for any private party during the period of his engagement by the State .

10. Disengagement of Law Officers - The Law Officers engaged and holding the various categories of posts under these Rules or an Advocate engaged under these Rules at the pleasure of the Government shall be disengaged at any time by the Government in consultation with the Advocate General if found to be not eligible as under Rule 6 or having found to have incurred disqualification as under Rule 7 or on failure to perform the duties as under Rule 8 of these Rules . The Law Officer may disengage himself after giving one month notice to the Advocate General in this regard.

11. Review of performance -

( i ) The works of the Law Officers , adverse to the interest of State except those engaged under Rule 5 (5) of these Rules , shall be communicated by the Advocate General and such communication shall be sent to the Government for appraisal of their performance of duties and the Government shall disengage such Law Officers , in consultation with the

Advocate General ,

(ii) The work of the Law Officers engaged under rule 5 (5 ) of these Rules , adverse to the interest of State shall be communicated by the District Magistrate or Public Prosecutor of concerned District or Director of Prosecution and such communication shall be sent to the Government for appraisal of their performance of duties and the Government may disengage such Law Officers , in consultation of the Advocate General .

12. Retainer , Fee and other Allowances - For performance of the duties as mentioned in Rule 8, a Law Officer shall be paid fee including retainer fee , and such other allowances as may be determined by the Government from time to time .

13. Special Engagement Notwithstanding anything contained in these Rules , the Advocate General shall have the discretion to engage for the Jharkhand High Court, other High Courts and the Supreme Court of India , on such terms and fee as may be fixed in consultation with theAdministrative Department and the Law Department , an Advocate for the Government as a Special Public Prosecutor or a Special Counsel who is not a Law Officer under these Rules , in case(s) involving important issue ( s ) for the Government , specially revenue or in public interest .

Notwithstanding anything contained in these Rules , the Department of Law ( Justice ) , Government of Jharkhand shall have discretion to engage for the Jharkhand High Court , other High Courts, Tribunal and the Supreme Court of India and on such terms and fee as may be fixed, in consultation with the Administrative Department , an Advocate for the Government as a Special Public Prosecutor or a Special Counsel who is not a Law Officer under these Rules , in case(s) involving important issue (s) for the Government . In arbitration matter if 7 झारखण्ड गजट ( असाधारण ) गुरुवार , 23 जुलाई , 2026

(1) A Law Officer who accepts brief from any private person in a criminal case in any Court ;

(2) A Law Officer may accept a brief from any private person for a civil case in which the State or its departments or its corporations or agencies are not party , in any Court with prior written approval of the Advocate General provided that such private person does not have any contract with the Government or any board , corporation or other State Authority and that acceptance does not interfere with the discharge of his duties as a Law Officer and relates solely to dispute involving private parties and not involving the Government or its officials .

(3 ) A Law Officer shall not appear for or give Legal Advice to private person or matter in which the interest of the person are likely to be adverse to that of the Government or its Officials;

(4) A Law Officer shall not accept a brief from any person , whether a Petitioner or Respondent, in proceedings initiated in a Election Petition in connection with an Election to Local Authority or the State Legislature or the Parliament ;

(5) A person , who is a member of the Parliament or a Legislature of the State , a Municipal Corporation , a Municipal Council , a Panchayat or any other Local Authority, shall not , as long as he holds that office , be eligible for engagement as a Law Officer .

(6) A Law Officer shall not continue to give legal advice to or to retain brief from or appear in any Court of Law or Tribunal on behalf of any person , body, association , company etc. which effects the interest of the Government or its Officials , either directly or indirectly, after being engaged under these Rules ;

(7) If the Law Officer ceases to be an Advocate or is convicted by a Court of Law for an offence involving moral turpitude.

8. Duties of Law Officers -It shall be the duty of a Law Officer: -

(a ) to give advice to the Government upon such matters , and to perform such other duties of a legal character , as may from time to time, be referred or assigned to him by the Government or the Advocate General ;

(b) to appear without fail on behalf of the Government and its Officials and either prosecute or defend all proceedings diligently, faithfully and with such professional expertise as may be reasonably expected of a Law Officer of his experience and standing , as that case may be, before the Jharkhand High Court or the Supreme Court or any other High Court or any other Courts / Tribunals as allotted or as directed by the Advocate General , in which the Government is concerned as a party or is otherwise interested;

(c) to discharge such other functions as are conferred on a Law Officer by or under the Constitution of India or any other Law for the time being in force.

9. Assistance of Law Officers

An Advocate who has been in practice for not less than 2 years and not more than 5 years shall be engaged as Law Research Officer to assist the Law Officers appointed in terms of Rule 3 9 झारखण्ड गजट ( असाधारण ) गुरुवार , 23 जुलाई , 2026

the Government of Jharkhand or any agency funded by the State of Jharkhand is a party , counsel from the panel of Law Officers appointed in terms of Rules 3 ( 1) and Rule 3 ( 2) except Rule 3 ( 1 ) ( e ) shall be engaged to represent the State or any agency funded by the State on the recommendation of Advocate General .

The Department of Law ( Justice) , Government of Jharkhand in consultation with the Administrative Department and the Advocate General may engage an advocate for the Government

14. Saving and overridingeffect-

( i ) All appointments made or anything done or any action taken under the previously existing Rules shall be deemed to have been made , done or taken under the corresponding provision of these Rules;

(ii) These Rules shall be supplemental to the provisions contained in the different statutes regarding engagement of Law Officers.

( iii) Anything contrary to the Rules made or issued by the Government in connection with the matters provided for herein prior to coming force of these Rules or anything contained in the Legal Remembrancer Rules 1946 shall not have any effect and shall not stand saved from the date of coming in force of these Rules .

( iv) Until the appointment is made under these Rules , the law officer appointed under TheJharkhand Officer Engagement Rules, 2018 shall continue .

(v) Upon the issuance of the notification for these Rules , any previously issued Rules related to the same shall stand repealed .

15 . Removal of Difficulties -

The Law Department , Government of Jharkhand in consultation with the Advocate General will issue circulars / notifications / office orders as and when required for removal of difficulties and according to need and exigencies .

By Order of the Governor of Jharkhand ,

(Niraj Kumar Srivastav)

Principal Secretary- cum- Legal Remembrancer , Law Department , Govt . of Jharkhand .

अधीक्षक, झारखण्ड राजकीय मुद्रणालय , राँची द्वारा प्रकाशित एवं मुद्रित , झारखण्ड गजट (असाधारण ) 414 50

Cite this issue. Jharkhand Gazette, Government of Jharkhand, 05 August 2026. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jharkhand.2026-08-05.414/. Archive identifier in.gazette.jharkhand.2026-08-05.414.