2.2 ASSAM
2.2.1 Under the First Schedule of the Constitution, the State of Assam was formed comprising the provinces of Assam, Khasi States and some territories of Assam Tribal areas. It was Part ‘A’ State.
2.2.2 By the States Reorganisation Act, Assam became a full-pledged State.
2.2.3 Assam was originally remained within the jurisdiction of the High Court of Port William at Calcutta.
2.2.4 The Civil Courts in Bengal North-Western provinces and Assam were consolidated under the Bengal North-Western provinces and Assam Civil Courts Act, 1887. The said Act was amended in 1911 by substituting the word "Agra" for the words "North-Western Provinces".
2.2.5 The following classes of Civil Courts were constituted under the said Act.
(i) The Court of the District Judge,
(ii) The Court of the Additional Judge,
(iii) The Court of the Subordinate Judge, and
(iv) The Court of the Munsiff.
2.2.6 The District Judge or the Subordinate Judge was invested with jurisdiction to decide suits as provided under section 15 of the Code of Civil Procedure.
2.2.7 The Munsiff had jurisdiction to decide suits of the value not exceeding Rs.1000/-. However, the local Government, could, by notification, enlarge the jurisdiction of the Munsiff to decide suits of the value not exceeding Rs.2000/-.
2.2.9 An appeal from the decree or order of a Subordinate Judge would lie to the District Judge in respect of the suits of the value not exceeding Rs.5,000/-.
2.2.10 An appeal against the decree or order of the Subordinate Judge in respect of the suits of the value exceeding Rs.5000/- would lie to the High Court.
The present structure of judicial set up in the State :
2.2.12 At present, the Assam Judicial Service Rules, 1967 as amended upto 1995 regulates the appointment and conditions of service to the State Judiciary.
2.2.13 The Assam Judicial Service consists of :
I (a) District and Sessions Judges (Gr.I).
(b) Additional District and Sessions Judges (Gr.I).
(c) Special Judge (Gr.I).
II. Chief Judicial Magistrates /Asst. District and Sessions Judges / Additional Chief Judicial Magistrates (Gr. II).
III. (a) Sub-Divisional Magistrates (Gr. III)
(b) Judicial Magistrates /Civil Judges (Junior Division) (Gr. III).
2.2.14 At present, initial recruitment to the post of Judicial Magistrates / Civil Judges (Junior Division) Grade-III is made by the High Court on the basis of selection from amongst the members of the bar with three years practice. Sub-Divisional Judicial Magistrates are appointed by the High Court from amongst the Senior Judicial Magistrates / Civil Judges (Junior Division).
2.2.15 Training is imparted to the newly recruited officers for a period of 14 weeks. They will be on probation for a period of one year. There are 19 posts of Sub- Divisional Magistrates (Gr.III) and 127 posts of Judicial Magistrates / Civil Judges (Junior Division) (Gr.III) in the pay scale of Rs.1835-50-2035-60-2395-80-2555-EB-80-2875-100-3575-125-4325. However, the Senior First Class Judicial Magistrates (Grade-III) are entitled to Special Pay of Rs.100/- per month on being designated as Sub-Divisional Judicial Magistrate (Sadar) and Rs.200/- per month on being designated as Sub-Divisional Judicial Magistrate (Mofussil)".
2.2.16 The post of Chief Judicial Magistrates / Assistant District and Sessions Judge / Additional Chief Judicial Magistrate (Gr.II) is purely the promotional post from that of the Sub-Divisional Judicial Magistrates (Gr.III) and Judicial Magistrate / Civil Judges (Junior Division) (Gr.III). There are 46 posts carrying the pay scale of Rs.3375-100-3575-125-4325-EB-125-4450-150-5200.
2.2.17 There is one post of Special Judge (Gr.I) getting an initial salary of Rs.3825/- in the pay scale of Rs.3825-125-4450-150-5200-175-5900. The said post is filled up by promotion from the cadre of Chief Judicial Magistrates / Assistant District and Sessions Judges / Additional Chief Judicial Magistrates (Gr.II).
2.2.18 The recruitment and promotion to the Higher Judicial Service consisting of District and Sessions Judges (Gr.I) and Additional District and Sessions Judges (Gr.I) is made by the High Court directly from the Bar and also from the Judicial officers in Gr.II. 33 per cent of the posts are filled up by direct recruitment from amongst the advocates with a minimum of 7 years practice and the remaining 67 per cent of the posts are filled up by promotion from amongst the Judicial Officers in Grade II.
2.2.19 The following posts are also held by the Officers of Grade-I (District & Sessions Judges):-
1) Registrar General of High Court - 1 Post
2) Registrar (I&E) and Registrar (Admn.) of
High Court - 2 Posts
3) L.R.-cum-Secretary, Judicial Department,
Govt. of Assam - 1 Post
4) Special Judge, Assam - 1 Post
5) Judge, Designated Court, Assam - 2 Posts
6) Presiding Officer, Industrial Tribunal - 2 Posts
7) Presiding Officer, Labour Court - 2 Posts
8) Presiding Officer, S.T.A.T. & Member,
M.A.C.T. - 1 Post
9) Principal Judge, Family Court, Guwahati - 1 Post
2.2.20 There are 6 (six) posts of Selection Grade District & Sessions Judges (Grade-I) in the Scale of Pay of Rs.3950-125-4450-150-5200-175-6100. All District & Sessions Judges are entitled to Special Pay of Rs.200/- (Rupees two hundred only) per month irrespective of Grade-I or Selection Grade.
2.2.21 All appointments, other than the appointment to the temporary posts, under the Assam Judicial Service Rules, 1967 as amended upto 1995 shall be on probation for a period of one year from the date of appointment to such posts.
2.2.22 Jurisdiction :
i) There are two categories of Munsiffs, one with pecuniary jurisdiction upto Rs.10,000/- and another with pecuniary jurisdiction upto Rs.25,000/-. Considering the experience of the Officers, the High Court confers jurisdiction on the respective officers.
ii) Assistant District Judges have got unlimited pecuniary jurisdiction over civil matters and they hear appeals against the orders passed by the Munsiffs.
iii) District Judges and Additional District Judges have got appellate powers upto the pecuniary limit of Rs.50,000/-.
2.2.23 Territorial :
i) Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge and Chief Judicial Magistrate exercise their powers within their districts.
ii) Additional Chief Judicial Magistrate, Sub-Divisional Judicial Magistrate and Judicial Magistrates exercise powers within their sub-divisions.
iii) District Judge, Additional District Judge and Assistant District Judge exercise their civil powers within the district.
iv) The Munsiffs exercise powers within their Sub-Division / District, as the case may be.
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