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Administration of Justice Training Institute Act, 1995

Act No.15 of 1995

An Act made to establish the Administration of Justice Training Institute

Whereas it is expedient to provide for training in order to enhance the professional skill of persons appointed in the field of justice, lawyers and members of certain other professions connected with judicature;
and whereas it is expedient to establish an institute by the name of Administration of Justice Training Institute in order to make arrangements for and manage such training;

Now, therefore, it is herewith enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Administration of Justice Training Institute Act, 1995.
(2) It shall be deemed to have come into force on 1st Caitra, 1401/23th March, 1995, respectively.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

(a) "Institute" means the Administration of Justice Training Institute established under this Act;
(b) "Chairman" means the Chairman of the Board;
(c) "Chief Justice" means the Chief Justice of Bangladesh;
(d) "regulation" means any regulation made under this Act;
(e) "rule" means any rule made under this Act;
(f) "Board" means the management board of the Institute;
(g) "Vice-Chairman" means the Vice-Chairman of the Board;
(h) "Manager-General" means the Manager-General of the Institute;
(i) "member" means member of the Board.

4. Head office.- The Head Office of the Institute shall be located at Dhaka and it may, if necessary, on the previous consent of the Government, set up branch offices at any place.

5. Management of the Institute.- The management and administration of the Institute shall be entrusted on a Management Board and the Management Board may exercise all powers and perform all functions the Institute may exercise or perform.

6. Management Board.- The Management Board shall consist of the following members, namely:-

(a) the Minister in charge of the Ministry of Law, Justice and Parliamentary Affairs, who shall also be its Chairman;
(b) two judges of the Supreme Court nominated by the Chief Justice, the senior amongst whom also being its Vice-Chairman;
(c) the Secretary, or the person discharging the functions of the Secretary, of the Ministry of Law, Justice and Parliamentary Affairs;
(d) the Secretary, or the person discharging the functions of the Secretary, of the Ministry of Housing and Public Works;
(e) the President of the Committee of Supreme Court Lawyers;
(f) the Registrar of the Bangladesh Supreme Court;
(g) the Dean, Faculty of Law, Dhaka University;
(h) the Dean, Faculty of Law, Rajshahi University;
(i) two eminent lawyers to be nominated by the Government;
(j) the Solicitor engaged in the Ministry of Law, Justice and Legal Affairs and one other officer engaged in the said Ministry, holding at least the rank of a Joint Secretary;
(k) the Director-General of the Institute, who shall also be its Secretary.

(a) to offer training to persons engaged in the field of justice, law officers performing the duty of conducting public cases, advocates included in the list kept by the Bangladesh Bar Council and officers and employees engaged in any court and tribunal below the High Court Division of the Supreme Court;
(b) to organize and manage training relating to law and the making of drafts of various legal documents;
(c) to offer, in co-operation with international relief organizations, training relating to law and the making of drafts of various legal documents to trainees from various countries;
(d) to do research and collect informations on court systems and to publish the informations received from such research and collections;
(e) to organize and manage national and international meetings, workshops and symposions with a view to raising the quality of the machinery and working of justice;
(f) to publish journals, reports etc. on the machinery of justice and the court system;
(g) to advise the Government on any matter relating to the machinery of justice and the court system;
(h) to prescribe the curricula and subjects of study of training courses under this Act and to determine all matters etc. relating to the training;
(i) to award certificates to persons trained in the Institute;
(j) to set up and manage a library and reading room;
(k) to do any work prescribed by rules for activating the system of administration of justice;
(l) to take any measures required for performing the abovementioned functions.

9. Committees.- The Board may establish one or more committees to render it assistance in the performance of its duties.

10. Fund of the Institute.- (1) There shall be a fund to the Institute to which shall be credited the following sums, namely:-

(a) grants made by the Government;
(b) grants made by any local authority;
(c) loans taken on the prior approval of the Government;
(d) proceeds from the sale of property of the Institute;
(e) sums received from any other source.

11. Director-General.- (1) There shall be one Director-General to the Institute.
(2) The Director-General shall be appointed by the Government and the terms and conditions of his service shall be fixed by the Government.
(3) If the office of the Director-General is vacant or if, for absence, illness or any other reason, the Director-General is incapable of performing his duties, the Government may nominate any other person to perform the duties of the Director-General until the freshly appointed Director-General enters upon his office or the Director-General is able again to perform his duties.
(4) The Director-General shall be the permanent chief executive officer of the Institute and he-

(a) shall be responsible for carrying out the decisions of the Board;
(b) shall execute other functions of the Institute in accordance with the directions of the Board.

13. Annual budget account.- The Institute shall every year, within such period as the Government may prescribe, submit to the Government an annual budget account of the following financial year showing the sums required by the Institute from the Government during such financial year.

14. Audit and accounts.- (1) The Institute shall maintain its accounts properly and shall prepare an annual statement of account.
(2) The Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General, shall every year audit the accounts of the Institute and shall send one copy of the audit report to the Government and Institute, respectively.
(3) For the purpose of an audit under sub-section (2) the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash or sums deposited with banks, securities, stores and other property of the Institute and may examine any member, officer or employee of the Institute.

15. Reports.- (1) The Institute shall submit to the Government, as soon as possible after the end of every financial year, an annual report including an account of its activities during that year.
(2) The Government may, if necessary, call at any time for a report or statement from the Institute on its activities and the Institute shall be bound to send it to the Government.

16. Indemnity.- No suit, prosecution or other legal proceeding shall lie against the Board, Chairman, members, Director-General or other officers or employees of the Institute for any damage caused or likely to be caused by any action done in good faith under this Act, the rules or regulations.

17. Delegation of powers.- The Board may, subject to such conditions as it thinks fit, delegate any power or duty to the Chairman or any other member or the Director-General or any other officer of the Institute.

18. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

19. Power to make regulations.- The Institute may, with the prior approval of the Government and by notification in the official Gazette, make regulations, not inconsistent with this Act or any rules, for carrying out the purposes of this Act.

 20. Repeal.- (1) The Administration of Justice Training Institute Ordinance, 1995 (Ordinance No.2 of 1995) stands herewith repealed.
(2) Notwithstanding such repeal, any action done or measure taken under the repealed Ordinance shall be deemed to have been done or taken under this Act.