Key Benefits:
འག་གི་དོ་དཔོན་ཡོངས་བ་ི་བཅའ་ིམས་ ི་ལོ་༢༠༠༦ ཅན་མ།
THE OFFICE OF THE ATTORNEY GENERAL ACT OF BHUTAN, 2006
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CONTENT Section Page
Preamble........................................... ........ …………1
CHAPTER 1 .............................................................1 PRELIMINARY..........................................................1
Title, Commencement and Extent .............................1
Repeal........................................................................2
CHAPTER 2 .............................................................2 THE OFFICE OF THE ATTORNEY GENERAL ........2
Establishment of the Office of the Attorney General..2
CHAPTER 3 .............................................................3 FUNCTIONS OF THE OFFICE OF THE
ATTORNEY GENERAL ............................................3
Prosecution and Litigation.........................................3
Legal Service ............................................................5
Drafting ....................................................................5
Review …………………………………………….........6
CHAPTER 4 .............................................................7 THE ATTORNEY GENERAL ....................................7
The Attorney General................................................7
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Section Page
Duties and Responsibilities of the Attorney General..7
Accessibility ............................................................10
CHAPTER 5 ...........................................................10 CODE OF CONDUCT OF THE
ATTORNEY GENERAL………................................10
Ethical Values and Principles..................................10
Loyalty and Dedication……………………………… .10
Responsibility………………………………………… .10
Honesty…………………………………………………10
Fairness and Diligence……………………………… .11
Confidentiality………………………………………….11
Integrity…………………………………………………11
Selflessness……………………………………………11
Transparency………………………………………… .11
Leadership………………………………………… .....12
Personal Conduct ...................................................12
Conflict of Interest ...................................................14
Removal of the Attorney General ............................15
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Section Page
CHAPTER 6 ...........................................................16 OTHER FUNCTIONS OF THE OFFICE OF THE
ATTORNEY GENERAL ..........................................16
Research and Library..............................................16
Administration and Finance.....................................16
Policy and Planning ................................................16
CHAPTER 7 ...........................................................17 MISCELLANEOUS .................................................17
Immunity from Prosecution or Civil Suit...................17
Savings ..................................................................17
Rulemaking Power..................................................17
Amendment ............................................................18
Authoritative Text ....................................................18
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THE OFFICE OF THE ATTORNEY GENERAL ACT OF BHUTAN, 2006
Preamble In keeping with the noble vision of His Majesty the Druk Gyalpo to promote and impart justice through fair, impartial and just proceedings in civil and criminal cases, by enacting enlightened laws and to uphold the rule of law, natural justice and the Constitution through responsive and accessible legal process, the National Assembly do hereby enact the Office of the Attorney General Act of the Kingdom of Bhutan. The Office of the Attorney General Act of Bhutan has been passed on the Fifth Day of the Fifth Month of the Male Fire Dog Year, corresponding to 30th Day of the Month of June of the Year 2006, during the 85th Session of the National Assembly of Bhutan.
CHAPTER 1 PRELIMINARY
Title, Commencement and Extent
1. This Act shall:
(a) Be called the Office of the Attorney General Act of Bhutan, 2006;
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(b) Come into force on the Fifth day, Fifth month of the year of the Male Fire Dog, corresponding to 30th Day of the Month of June or the Year 2006; and
(c) Extend to the whole of the Kingdom of
Bhutan. Repeal 2. This Act shall repeal all directives and circulars
that are inconsistent with this Act.
CHAPTER 2 THE OFFICE OF THE ATTORNEY GENERAL
Establishment of the Office of the Attorney General 3. There shall be an Office of the Attorney General
(the Office) entrusted with the responsibilities arising within the domain and authority of the Government on internal and external legal matters.
4. The Office of the Attorney General shall be
autonomous, effective and efficient, and worthy of public trust and confidence.
5. The Office of the Attorney General shall provide
the highest standard of professional legal services to the Government.
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6. The Office of the Attorney General shall
prosecute, render legal opinions, draft and review bills, advice on all legal matters and perform such other duties of legal nature, as may be assigned by the Druk Gyalpo or the Government.
7. The Office of the Attorney General shall be
headed by the Attorney General. 8. The Office of the Attorney General shall have
divisions and sections that shall be determined by the Attorney General as deemed necessary.
9. The Government shall provide adequate facilities
for the smooth functioning of the Office. 10. Except for the Attorney General, the service
conditions of the employees of the Office shall be governed by the Civil Service Act of the Kingdom of Bhutan.
CHAPTER 3
FUNCTIONS OF THE OFFICE OF THE ATTORNEY GENERAL
Prosecution and Litigation 11. The Office of the Attorney General shall endeavor
to promote fair, impartial and just proceedings in civil and criminal cases.
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12. The Office of the Attorney General shall: (a) Represent the Government in civil litigation
and criminal prosecution before the Courts of Law and tribunals and perform such other functions as may be referred to by the Government;
(b) Render advise on cases affecting the Government in which it is a party;
(c) Obtain relevant information, particulars and necessary documents pertaining to a case and the Government shall not withhold such information and documentary evidence;
(d) Be entitled to enlist the presence of officers and employees of the Government who shall render active cooperation and assistance pertaining to a case;
(e) Advise the Government on orders passed by Courts of Law in and outside Bhutan as and when required; and
(f) Render necessary advice and support to the Government for the execution of judgments.
13. The Government shall ensure the presence of the
concerned officers and witnesses as and when required.
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Legal Services 14. The Office of the Attorney General shall:
(a) Endeavor to promote efficiency, transparency and accountability of the Government through effective legal services;
(b) Provide legal services and opinions on
matters of law and such other issues assigned or referred to it by the Druk Gyalpo or the Government;
(c) Provide legal education to legal personnel;
and
(d) Disseminate information to enhance awareness of laws among the people.
Drafting
15. The Office of the Attorney General shall draft bills referred to it by the Government.
16. The ministries/agencies shall furnish clear policy
guidelines and support to the Office for drafting of the bills.
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17. The ministries/agencies shall designate in writing
an official to facilitate the Office in drafting of the bills.
Review
18. The Office of the Attorney General shall:
(a) Review bills referred to it by the
Government; (b) Review the laws and propose for necessary
amendments to the Government;
(c) Constitute Committees to review laws as and when required; and
(d) Endeavor to ensure that there is no duplicity
or contradiction of laws by reviewing the form and content of bills, rules and regulations.
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CHAPTER 4
THE ATTORNEY GENERAL The Attorney General 19. The Druk Gyalpo shall, by warrant under His
hand and seal, appoint an eminent jurist as the Attorney General of Bhutan on the recommendation of the Prime Minister.
20. The Attorney General shall be accountable to the
Prime Minister. 21. The Attorney General shall not abuse the powers
bestowed upon him.
22. The Attorney General shall hold Office for a term of five years.
23. The Attorney General shall be paid such remuneration and benefits as may be from time to time determined by the Government.
Duties and Responsibilities of the Attorney General: 24. The Attorney General, as the Chief Legal Officer,
shall:
(a) Defend the cause of the Kingdom and discharge his functions in pursuit of justice;
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(b) Advise the Druk Gyalpo and the Government on all legal matters and perform such other duties of a legal nature as may be assigned or referred to him;
(c) Have the right of audience in all Courts of Law
in Bhutan; and
(d) Be responsible for the functioning of the Office of the Attorney General to uphold the rule of law, justice, and in pursuit of excellence.
25. The Attorney General shall represent the Government
in any Court of Law outside the Kingdom of Bhutan.
26. The Attorney General shall furnish the Druk Gyalpo and the Government such information and advice as may be required on legal matters or issues related to national interests.
27. The Attorney General shall avail the services of
Jabmis, as and when deemed necessary, to perform specific legal assignments.
28. The Government shall seek opinion from the Office of the Attorney General in writing, through a concise statement on the subject, supported by documentation or other materials that may be necessary.
29. The Attorney General shall furnish opinion in writing
only and oral communication shall not be considered as part of the opinion.
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30. The Attorney General shall:
(a) Authorize and supervise Government pleaders, prosecutors and special counsels for and on behalf of the Government, in any Court of Law;
(b) Create, change and merge divisions,
sections, and units in the Office and the regional offices as deemed necessary;
(c) Supervise formulation of plans and policies
of the Office; and
(d) Take any other action necessary in the administrative interests of the Office of the Attorney General.
31. The Attorney General shall have the right to
appear and express opinion on any legal question in Parliament or any committee thereof, but shall not have the right to vote.
32. The Attorney General shall have the power to institute, initiate, or withdraw a criminal case or civil litigation in accordance with the law.
33. The Attorney General shall submit annual reports of the activities of the Office to the Druk Gyalpo and the Prime Minister.
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Accessibility 34. The Attorney General shall have access to
persons, relevant records, documents and properties pertaining to a civil or criminal case in the performance of his duties.
CHAPTER 5
CODE OF CONDUCT OF THE ATTORNEY GENERAL
Ethical Values and Principles 35. Loyalty and Dedication
The Attorney General shall perform his duties with complete loyalty and dedication to the Tsa- Wa-Sum and he shall not indulge in any activity that may affect the sovereignty and interests of the Kingdom of Bhutan.
36. Responsibility
The Attorney General shall ensure that his personal conduct is consistent with the dignity, image and integrity of the Office.
37. Honesty
The Attorney General shall act honestly, and with propriety in the performance of his duties and functions.
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38. Fairness and Diligence
The Attorney General shall not make an official decision without first giving due consideration to the matter at hand and the impact it is likely to have on the rights and interests of the people involved.
39. Confidentiality
The Attorney General shall maintain confidentiality in cases where the Office of the Attorney General’s decisions and documents should not be disclosed in the interest of the nation.
40. Integrity
The Attorney General shall not be influenced in any manner whatsoever by any individual or body of individuals in the discharge of his official duties.
41. Selflessness
The Attorney General shall take decisions solely in the interest of the nation and in the interest of justice and not on any other factors.
42. Transparency
The decisions and actions of the Attorney General shall be made transparent and he shall provide reasons for his decisions.
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43. Leadership
The Attorney General shall display high moral values and conduct himself at all times in a manner that reflects credibly on the Office. He must abide by the spirit and letter of the laws and rules, and adhere to the ethical standards expressed in this Act.
Personal Conduct 44. The Attorney General, shall comply and execute
laws, uphold the administration of justice and protect the integrity of public life.
45. The Attorney General entrusted with the sacred responsibility to serve the Tsa-Wa-Sum, shall:
(a) Refrain from indulging in habits and
behaviour that infringe upon the performance of official duties or tarnish the image of the Office;
(b) Maintain dignity and decorum of the Office;
(c) Not use Government resources for personal purposes and benefits;
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(d) Be liable for unlawful and improper behaviour or the non-performance of his duties;
(e) Not do or direct to be done, in abuse of his
office or power, any act prejudicial to the rights of another person knowing that such act is unlawful or contrary to Government policy;
(f) Maintain transparency in the policies of the
Office and in his decisions and actions;
(g) Not knowingly mislead the Government on any matter of significance arising from his functions;
(h) Not maintain or operate a bank account in any country outside Bhutan;
(i) Not provide information which is detrimental to the interest, territorial integrity and sovereignty of the Kingdom;
(j) Protect and uphold professionalism of a Jabmi, render decisions based on merit, and shall prohibit all forms of discrimination; and
(k) Not accept any gifts, presents or benefits.
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Conflict of Interest 46. The Attorney General shall ensure that no conflict
arises, or appears to arise between his official duties and his private interests, financial or otherwise. A conflict of interest may exist when the Attorney General is influenced or appears to be influenced by private interests.
47. Private interests include not only the Attorney General’s financial or other interests but also the financial or other interests of the Attorney General’s spouse.
48. The Attorney General shall:
(a) Declare his income, asset and liability including the asset and liability in the name of his spouse and dependents within three months upon taking the office, annually thereafter and three months prior to the vacation of the office to the Anti Corruption Commission;
(b) Not undertake any private trade or
commercial activity or additional employment;
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(c) Be entitled to retain any shares held before his appointment as the Attorney General, provided that he does not trade those shares or acquire new shares while in office;
(d) Not appear, advise or represent any party
against the Government; and (e) Not be a member of, belong to, or take part
in any society the membership of which is incompatible with the functions or dignity of his office.
49. The Attorney General shall not accept
decorations from foreign countries. Removal of the Attorney General 50. The Prime Minister may remove the Attorney
General on grounds of:
(a) Physical, mental, or other incapacity of a permanent nature; or
(b) Any violation of this Act; or
(c) Conviction under any other law.
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CHAPTER 6
OTHER FUNCTIONS OF THE OFFICE OF THE ATTORNEY GENERAL
Research and Library 51. The Office of the Attorney General shall conduct
research to facilitate the functions of its divisions, sections and units.
52. The Office of the Attorney General shall be the
depository of all laws. Administration and Finance
53. The Administration and Finance Division of the
Office of the Attorney General shall discharge its functions in accordance with the relevant laws, rules and regulations.
Policy and Planning 54. The Policy and Planning Division of the Office of
the Attorney General shall discharge its functions in accordance with the policy of the Government.
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CHAPTER 7 MISCELLANEOUS
Immunity from Prosecution or Civil Suit 55. No criminal proceeding or civil suit shall be
brought against any employee of the Office of Attorney General in respect to any proceeding in a Court of Law, which has been done in good faith, in the course of his duties under this Act.
Savings 56. This Act does not affect the validity of any action
or decision of the Office of Legal Affairs as was constituted before the commencement of the Act.
Rulemaking Power
57. The Office of the Attorney General may make
rules from time to time to carry out the provisions of this Act.
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Amendment 58. Any amendment of this Act shall be made by
Parliament. Authoritative Text 59. The Dzongkha text shall be the authoritative text,
if there exists any difference in meaning between the Dzongkha and the English text.
