CAPACITY BUILDING TRAINING PROGRAM OF STAFF MEMBERS OF BANKING COURTS, SINDH. REPORT

Transcription

1 CAPACITY BUILDING TRAINING PROGRAM OF STAFF MEMBERS OF BANKING COURTS, SINDH. REPORT Supervised by: Mr. Justice Khilji Arif Hussain, Director General, Sindh Judicial Academy Edited by: Mr. Muhammad Shahid Shafiq, Ld. Sr. Faculty Member, SJA Prepared by: Mohammad Murtaza Khan, I.T Expert/Faculty Member, SJA

2 Introduction According to the Sindh Judicial Academy Act 1993, the mandate of this Academy is to provide legal orientation, training of members of the subordinate judiciary, law officers and members of the bar and continuing education of members of the subordinate judiciary. So far, the Academy has given trainings to 65 regular batches of Judicial Officers along with numerous other training courses to investigation officers, IBA Islamic System of Banking to District & Sessions Judges, Finance & Management, Income Tax and ADR training etc. Dispensing the timely and fair justice is the core responsibility of Judiciary. The supporting staff of the courts play as important role as Judicial Officers to serve the purpose. A three-day program was arranged for Capacity Building Training Program of Staff Members of Banking Courts, Sindh at Sindh Judicial Academy from 9-11 April This course was deigned to train the supporting staff to expedite the court proceeding in banking case and to introduce the modern techniques/methodologies for resolving the problems. The participants were sensitized with: Procedure followed in FIO, 2001 Functions of Nazir under FIO, CPC and SCCRs Job Discerption of Accountant under FRs, GFRs and SCCRs Preparation of Budget and Budgetary problems Record Keeping under SCCRs Matters relating to certified copies Precautions by Nazir in Auctions Use of CFMS (Case Flow Management System) 29 staff members including Nazir, Accountant, Reader and UDC/Cashier of banking courts from all over the province attended this program. 1

3 Day 1 Honorable Mr. Justice Khilji Arif Hussain, Director General Sindh Judicial Academy welcomed the participants. He defined the purpose of this program, that is, to introduce the modern techniques/methodologies for resolving the problems, to know their job description with clear knowledge of standard operating procedures and to learn the skills using practical approach for doing their job. The Honorable Director General said that every individual s performance reflects the picture of whole department. He also said that learning is a never-ending process and here at Academy, you will definitely learn a lot in these sessions. Addressing the participants, the Honorable Consultant of Sindh Judicial Academy, Mr. Justice Ali Aslam Jafri also welcomed the participants to this training program. He said that the people have lots of grievances with our judicial system. He also said that majority believe that dishonesty and corruption are the main reasons of failure of dispensing the timely justice. Honorable Mr. Justice Ali Aslam Jafri defined the system as a system is a series of inter-related elements, performing their specific tasks to achieve a common goal. He said that the supporting staff of the courts are as important as our Judicial Officers. He shared that sometimes the newly posted judges do not have the knowledge of Banking Laws and procedures so it is your responsibility to guide them in a respectful manner. Honorable Mr. Jafri instructed the participants to clearly mention the references if they are placed in their writing. 2

4 He hoped that the misconception about the judiciary would be minimized after this training. He said that you should have a great passion towards your job. Honorable Mr. Jafri encouraged the participants to ask the questions. He quoted the famous Hadith that a good question is half of knowledge. Mr. Shahid Shafiq, the learned senior faculty member and District & Sessions Judge, shared that we went through approximately 1450 files of Banking Courts and analyzed all the stakeholders performance, this also helped us in designing this training program. He said that by the end of this training you will be having a good knowledge of Nazir, Accountant, Reader and UDC/Cashier etc. He asked the participants that if they are performing their duties according to their job description. The next session was conducted by Mr. Saad Qureshi, the learned District & Sessions Judge. He delivered his lecture on Procedure followed in FIO, He started his presentation by the answer of the question why training of staff is essential? He said that staff are the backbone of judicial system who are involved in all proceedings of the judicial process. He mentioned that we sometime ignore Limitation Act 1908 which is also a part of FIO. He also mentioned that we should not ignore the proper attestation of documents we also fulfil all the pre-requisites. He said that a minor mistake may derail the whole process. Mr. Qureshi pointed out that some staff members provide case proceedings information to litigants. He emphasized that this practice should be avoided. Explaining his presentation, Mr. Saad Qureshi said that it is not specific rather it is generic in perspective. Describing the role of Nazir, he said that there are lots of responsibilities of a Nazir. He also mentioned the One Window Operation concept proposed by Mr. Javed Keerio, the learned District & Sessions Judge. He shared that Financial Institutions (Recovery of Finances) Ordinance 2001 (the FIO) is a special law which regulates the relationship between financial institution and customers. He also shared that the FIO being remedial statute was promulgated to provide speedy measures for recovery of outstanding loans and finances of the banking companies. He also explained the different Sections and Rules of the Ordinance. The next session was conducted by Mr. Muhammad Shahid Shafiq, the learned senior faculty member Sindh Judicial Academy. There was an activity in the session. Participants were divided into three groups. Each group was assign separate exercise. The Readers were explained how to 3

5 write case diary. They were also asked to list out their functions/jd. They were asked to seek assistance from FIO, CPC and Sindh Civil Court Rules. It was made understood that Sindh Civil Court Rules are not applicable in to the Banking Courts, however, wisdom may be borrowed from these rules for Court and Case Management. As well as to a certain responsibility functions of each stakeholders. The group of Nazirs were also asked to list out their functions. Similarly, the Accountant were shared about accountancy system which is followed for preparation of budget. During discussion it was explained how a proper budget is to be designed and how an effective budget document shall serve to all members of the court and how it would have effect on disposal of cases. 4

6 Day 2 A joint session was conducted by Mr. Muhammad Shahid Shafiq, the learned senior faculty member and Mr. Azmat Qazi, the Secretary Sindh Judicial Academy. The discussion was started by inviting problems faced to Accountants while preparing budget. It was shared that how budget plan is assessed and accordingly placed before competent authority with justification for approval. Different examples were discussed and it was explained how to give justification. Mr. Azmat Qazi said that court proceedings effect in the real life of the people. He elaborated the importance of diaries and official drafts. He said that if the language is not properly used, the whole interpretation may be effected. He shared that we cannot deny the importance of writing diaries in legal proceedings. Answering to a question is it necessary to learn English language? he said that learning English or any other language is not important but to know that what has been written is important. One should know the impact and consequences of improperly drafted sentences. It has been seen that after a long and agonized period, the accused is released from the superior courts just because of ambiguities and opacities in the writing process. Mr. Qazi shared the fact that in the writing process, it is very important the meaning should be commonly understood and it should not be obscured, that is, all the facts should clearly be expressed or easily be perceived the intended meaning of words. He also shared that the writing should be in a proper flow and with reference to the context, otherwise, the meaning and interpretation may get changed that is why it is necessary to know the proper grammar and composition of English language. In the next session, Mr. Javed Keerio, the learned District & Sessions Judge delivered his presentation on Record Keeping under SCCRs. The final session of the second day was conducted by Mr. Saad Qureshi. He sensitized the participants on Matters relating to certified copies. He shared that there is no specific provision for grant of certified copies is provided in the FIO, 5

7 2001 or CPC. He mentioned the Order XLI rule 1 CPC that Under Section 22 FOI appeal can be filed. For filing of appeal certified copy of Judgment and decree is prerequisite. He explained Taxation Cost Rules 188, 189, 190 of SCCRs and pointed that the bill of cost should be filed within five days of the judgment. He also explained the registration of application and estimate of copying and other charges with reference to Rule 323 of SCCRs. He also elaborated Rules 325, 326, 327, 328, 329, 331, 332 and Rule 239 of SCCRs. Day 3 Mr. Muhammad Shahid Shafiq conducted the first session. One of the participant shared and explained the proposed hierarchy of staff members designation. The learned faculty member requested the Nazir, Accountant, Reader and UDC/Cashier to write down their job description and him. He shared that FIO does not provide the mechanism of the working of staff. He also pointed out that usually order sheets are not properly placed in the file. Describing the importance of the diary he said that the reflection of proceedings should be placed in the diary, that is, mention the names of the people who appeared and all the proceedings that may describe what happened and what occurred during the day. He also explained the comprehension and components of the diary. He also directed the participants to avoid duplication in the diary and instead of writing the writing the decision write down order passed on it. Mr. Muhammad Shahid Shafiq shared that he went through approximately 1400 files and found that the reason of adjournment is not defined, therefore describe the reason of adjournment by either placing the application for adjournment or by describing that an application is placed before the Judicial Officer for the adjournment. Describing the responsibilities of a Nazir Mr. Shahid said that getting an oath of witness to be placed before the judge is the duty of a Nazir, moreover, it is also his responsibility to return the original documents to the plaintiff by mentioning original seen in the diary. He also instructed to the participant to ask the plaintiff to write down I do close my site with his signature to avoid any questioning in future. 6

8 Mr. Muhammad Shahid Shafiq also explained the budget and how to prepare it. He said that Accountant should work on SNE (Sanction of New Expenditure). He explained the normal and special requisition and emphasized on preparing proper justification for SNE. He stressed on presenting and preparing the SNE even there is only 1% chance for the approval. In the next session Mr. Abdul Rasheed Mehar, Director IT, High Court of Sindh delivered a lecture on the use of CFMS (Case Flow Management System). He gave an introduction of IT department and its achievements made so far including judicial services rendered by IT, brief introduction to all IT projects and automation comparison with other Provinces. Describing the benefit of CFMS, Mr. Mehar produced the facts and figures about reduction in frivolous litigation, reduction in backlog of cases, monitoring and performance evaluation of Judicial Officers. He shared that access to case information for Judges, Advocates, Court Staff and Litigant Public is made free, easy and instant through: Case Search Engine on the websites. Websites in multiple languages (Sindhi and Urdu versions launched during the tenure of the current Hon ble Chief Justice). Cause Lists on the website also available in PDF format. Court-wise Cause List, Advocate-wise Cause List, Cause List of Additional Registrar (OS), Nazir, etc. available on website. Online Judgments, Orders, Court Proceedings (Case Diaries, etc.) Judgments / Orders may be verified online through QR-Code. Auto generated s and SMS on Mobile. ATM like Touch-Screen ekiosk Machines. Large LCD/TV Screens installed in the Court Premises. Computerized Public Information Desks. Web App accessible on Mobiles. Mr. Mehar also shared that through following IT measures several malpractices by Court Staff are reduced, including: Auto-fixation of future dates of cases in Cause Lists by the CFMS systems. Auto-priority of cases in the Cause Lists in accordance with the policy approved by the Chief Justice. Auto-generated statements of disposal/pendency of cases has eliminated the discrepancy of figures which occurred in manual statements. 7

9 Auto Attendance system has ensured 100% presence and deduction of salary in case of absence, late comings, etc. Accounts systems in the Nazir, Budget and Resident Branch has put computerized check & balance on the public money. He also shared the list of IT projects implemented by IT department. He explained the several features of CFMS by logging in live to the system. Later on, the session was opened for questions and queries. Mr. Abdul Rasheed Mehar requested the participants to send an in case of any queries. Replying to a question who is responsible for entering data? he said the court clerk who is having all files is responsible for entering data. He also noted down the problems mentioned by the participants and distributed the addresses and phone numbers among them for the quick response. Last session of post assessment was planned but such activity was dropped as the two additional speakers Mr. Aqi A Khan, SVP/Divisional Head Legal Division and Mr. Chander Parkash Guriro, Manager Legal South, Collection & Recovery Department from UBL confirmed their participation in the training program as to share point of view of Financial Institutions and at the same time participants were given opportunity to share difficulties which they face while dealing with representative of Financial Institutions. Healthy discussion was made Hon ble Mr. Justice Khilji Arif Hussain, Director General and Mr. Muhammad Shahid Shafiq also attended the session as discussant. Mr. Shahid Shafiq asked the UBL executive if they have an internal monitoring system. He also suggested that why don t we have a mediation system within the Bank so that the case may decided in a short time period. He said that this may be initiated from Sindh Judicial Academy as the Academy is playing an active role as a research center. 8

10 Mr. Muhammad Shahid Shafiq suggested that there should be a mechanism for resolving the case through mediation, arbitration, conciliation or negotiation etc. instead of going for litigation process. He also suggested that the Bank should be informed about the other Bank Accounts of the party, in this regard, SBP (State Bank of Pakistan) may be involved. That is, the PBA should approach the SBP for the information about the other accounts of the party. He also offered the services of Sindh Judicial Academy for making the policy with the Collaboration of PBA and SBP. The program was concluded with the certificate distribution ceremony and the group photograph of the participants. 9

11 Annexure 10

12 CAPACITY BULIDING TRAINING PROGRAMM OF STAFF MEMBERS OF BANKING COURTS, SINDH. Day-1 Sr. NO. Time Topic/Activity Speaker :30 AM to 11:40 AM Recitation of Holy Qur an :40 AM to 12:00 Noon Introduction of Training Mr. Justice Khilji Arif Hussain, Former Judge Supreme Court of Pakistan Director General, SJA :00 Noon to 01:30 PM Procedure followed in FIO, 2001 Mr. Saad Qureshi, District & Sessions Judge :30 PM to 02:00 PM Lunch Break :00 PM to 03:30 PM Functions of Nazir under FIO, CPC and SCCRs Mr. Muhammad Shahid Shafiq, District & Sessions Judge :30 PM to 04:00 PM Tea Break 07 04:00 PM to 05:30 PM Job Discerption of Accountant under FRs, GFRs and SCCRs Mr. Muhammad Shahid Shafiq, District & Sessions Judge / Mr. Azmat Qazi, Secretary, SJA Day-2 Sr. NO. Time Topic/Activity Speaker :00 Noon to 01:30 PM Preparation of Budget and Budgetary problems Mr. Muhammad Shahid Shafiq, District & Sessions Judge / Mr. Azmat Qazi, Secretary, SJA 11

13 02. 01:30 PM to 02:00 PM Lunch Break :00 PM to 03:30 PM Record Keeping under SCCRs Mr. Javed Keerio, District & Sessions Judge :30 PM to 04:00 PM Tea Break :00 PM to 05:30 PM Matters relating to certified copies Mr. Saad Qureshi, District & Sessions Judge Day-3 Sr. NO. Time Topic/Activity Speaker :00 Noon to 01:30 PM Precautions by Nazir in Auctions Mr. Saad Qureshi, District & Sessions Judge :30 PM to 02:00 PM Lunch Break :00 PM to 03:30 PM Use of CFMS Mr. Abdul Rasheed Mehar, Director IT :30 PM to 04:00 PM Tea Break Honorable Mr. Justice Khilji Arif Hussain, :00 PM to 05:30 PM Group Discussion & Concluding Ceremony Mr. Muhammad Shahid Shafiq, District & Sessions Judge / Mr. Azmat Qazi, Secretary, Mr. Aqi A Khan UBL, Mr. Chander Parkash Guriro UBL 12

14 Bungalow No.1, Ferozenana Road, Bath Island, Clifton, Karachi Tel: TRAINING OF BANKING COURT STAFF Date: to PRE-TRAINING ASSESSMENT (NAZIR) Name: Posting Designation: _ BPS: Year of Joining Q1. What are your duties? (Please attach paper if so needed)

15 10. Q2. How many auction proceedings have been assigned to you till date? Less than to to 50 More Q3. What steps are followed while processing auction of an immovable property?

16 7. Q4. What are the relevant provisions in the Financial Institutions (Recovery of Finances) Ordinance, 2001 relating to your work? Q5. What are the relevant provisions in Sindh Civil Court Rules relating to your work? Q6. What are the relevant provisions in Code of Civil Procedure 1908 relating to your work? Q7. What type of Registers do you maintain? Explain the purpose of each Registrar? 15

17 Bungalow No.1, Ferozenana Road, Bath Island, Clifton, Karachi Tel: TRAINING OF BANKING COURT STAFF Date: to PRE-TRAINING ASSESSMENT (READER) Name: Posting Designation: _ BPS: Year of Joining Q1. What are your duties? Q2. What are the relevant provisions of Code of Civil Procedure, 1908 that you follow? 16

18 Q3. What are the relevant provisions of Sindh Civil Court Rules that you follow? Q4. Write a diary whereby service goods held against the defendant. 17

19 Q5. Write a diary whereby leave application has been filed by the defendant. Q6. Write a diary for a date when Replication is filed. 18

20 Q7. Write a diary for Depositing Process Fee. Q8. Who prepares summons and notices? write is its procedure? Q9. Application for leave to defend has been heard. Write a diary. 19

21 Q10. Matter was fixed for evidence. Bar Association has declared strik. Reader informs to Parties. Write proper diary. Q11. Matter was fixed for orders, application for leave to defend is dismissed. Suit is decreed as prayed. Write appropriate diary. 20

22 Q12. Matter was fixed for evidence. Two plaintiff s witnesses are examined in a court. They produce power of attorney, Bank statement and finance agreement. The Plaintiff does not want to produce further evidence. Matter is adjourned for defendant s evidence. Write appropriate order. 21

23 Bungalow No.1, Ferozenana Road, Bath Island, Clifton, Karachi Tel: TRAINING OF BANKING COURT STAFF Date: to PRE-TRAINING ASSESSMENT (ACCOUNTANT) Name: Posting Designation: _ BPS: Year of Joining Q1. What are your duties? Q2. Do you maintain any register? If so, list with their purpose. Name of Register Purpose of Register 22

24 Q3. Who assist you in the preparation of budget? Q4. When do you receive Budget call circular? Month Q5. What is the yearly budget of your court? Rs. Q6. How many cases are pending in your court? No. of cases Q7. How many staff members are assigned to your court? No. of staff Q8. Do you usually submit for re-appropriation of funds from one financial head to another? Yes No occasionally None 23

25 Q9. Do you have sufficient furniture, fixture, law books and equipment in you court? If not list them Q10. Do you have sufficient funds in each head? Yes No Q11. How oftenly your bills are returned unpassed? Oftenly Yearly Never Q12. Who maintain personal files the staff? _ Q13. ACRs are written by Presiding Officer at the end of year or he send after his transfer. _ Q14. Last year ACR are available in record or not? Available Not available Few available 24

26 Bungalow No.1, Ferozenana Road, Bath Island, Clifton, Karachi Tel: Mr. Saad Qureshi, The Learned District & Sessions Judge, Handout Financial Institutions (Recovery of Finances) Ordinance 2001 (the FIO) is a special law which regulates the relationship between financial institution and customers. The FIO being remedial statute was promulgated to provide speedy measures for recovery of outstanding loans and finances of the banking companies. Before promulgation of the Financial Institutions (Recovery of Finances) Ordinance 2001 (the FIO), the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997 was in the field to settle disputes between the financial institutions and their customers. The Banking Courts are established under Section 5 of the FIO with powers vested in them under Section 7 thereof. The provisions of the Code of Civil Procedure 1908 (CPC) and the Code of Criminal Procedure, 1898 have been made applicable in the cases pending before the Banking Courts in terms of Section 7 of the FIO. The provisions of the Limitation Act 1908 have also been made applicable in the cases pending before the Banking Courts. The procedure for filing of suit is provided in Section 9. It gives right to initiate legal proceedings where a Customer or a Financial Institution commits default in fulfillment of any obligation with regard to any finance, the financial institution or, as the case may be, the customer, may institute a suit in the Banking Court by presenting a plaint which shall be verified on oath, in the case of a financial institution by the Branch Manager or such other officer of the financial institution as may be duly authorized in this behalf by power of attorney or otherwise. The plaint shall be supported by a statement of account and other relevant documents relating to the grant of finance. The right to initiate recovery proceeding has also been extended to the financial institution in the matters wherein finance amount was written off, released or adjusted The procedure for issuance of summons against defendant is laid down in Section 9(5) of the FIO. It is directed by the law that Summons shall be served on the defendant through the (i) bailiff or process server of the Banking Court, (ii) by registered post 25

27 acknowledgment due, (iii) by courier and (iv) by publication in one English language and one Urdu language daily newspaper simultaneously. The service duly effected in any one of the aforesaid modes shall be deemed to be valid service for purposes of the FIO. The defendant has right to file application for leave to defend the suit under Section 10 of the FIO. The said Section provides complete mechanism and procedure for disposal of application for leave to defend the suit filed by the defendant. Subsection (2) of Section 10 provides that the defendant shall file application for leave to defend within thirty days of the date of first service by any one of the modes laid down in subsection (5) of Section 9: Provided that where service has been validity effected only through publication in the newspapers, the Banking Court may extend the time for filing an application for leave to defend if satisfied that the defend did not have knowledge thereof. Sub-section 12 of Section 10 provides that where application for leave to defend is rejected or where a defendant fails to fulfill the conditions attached to the grant of leave to defend, the Banking Court shall forthwith proceed to pass judgment and decree in favor of the plaintiff and against the defendant. A suit in which leave to defend has been granted to the defendant and issues have been framed in the leave granting order, the Banking Court by virtue of Section 13(1) is required to dispose of such suit within ninety days (90) from the day on which leave was granted. Section 12 of the FIO gives powers to the Banking Court to set aside decree in a case in which decree is passed against the defendant under Subsection (1) of Section 10, he may within 21 days of the date of the decree or when he has knowledge of the decree reply to the banking Court for an order to set it aside and if he satisfies the banking Court that he was prevented by sufficient cause from making an application under Section 10, the Court shall make an order setting aside the decree against him. Section 13 of the FIO deals with the disposal of suit. Subsection 13 thereof provides that suits before a Banking Court shall come up for regular hearing as expeditiously as possible and except in extraordinary circumstances and for reasons to be recorded, a Banking Court shall not allow adjournments for more than seven days. The FIO also authorizes the Financial Institutions to sell the tangible securities of the defendant under Section 15 of the FIO. The Financial Institution after decree can also sell such securities either by way of public auction or by inviting sealed tenders with or without the intervention of the Banking Court and appropriate the proceeds towards total or partial satisfaction of the decree and no further order of the Banking Court shall be required for this purpose. Section 19 of the FIO deals with execution of decree and sale with or without intervention of Banking Court. The said Section provides complete mechanism and procedure for execution of the decree. Upon pronouncement of judgment and decree, the defendant shall have 30 days to pay the decretal amount to the decree holder bank where-after the decree passed by the 26

28 banking Court shall automatically be converted into execution proceedings without the need to file a separate application and no fresh notice shall be issued to the judgment debtor in this regard in terms of Section 19(1) of the FIO. Particulars of the movable and immovable properties of the judgment debtor shall be filed by the decree holder for consideration of this Court on expiry of the afore-noted period of 30 days. The financial institution under the provisions of Section 20 of the FIO can initiate criminal proceedings against the customers. Section 22 of the FIO deals with appeal. It provides that subject to subsection (2) any person aggrieved by any judgment, decree, sentence or final order passed by the Banking Court, may within 30 days of such judgment, decree, sentence or final order prefer an appeal to the High Court. The Banking Courts have been restrained to review or revise or call its own judgment, decree, sentence or order under Section 27 of the FIO. However, the said Court on its own accord or on application of any party and with notice to the other party can correct any clerical or typographical mistake in any judgment, decree, sentence or order passed by it. 27