CHAPTER XXIII HOLIDAYS, LEAVE, TRANSFERS AND ESTABLISHMENT ESTALISHMENT

Transcription

1 CHAPTER XXIII HOLIDAYS, LEAVE, TRANSFERS AND ESTABLISHMENT ESTALISHMENT Establishment 1. (1) The appointments to the posts of Classes III and IV in Civil and Criminal Courts in the districts shall be made by the concerned District and Sessions Judges, strictly in order to seniority from the lists of candidates prepared by the District and Sessions Judge in accordance with the procedure prescribed in the Rules for the recruitment in the subordinate Judicial Service,revised and issued under government resolution, Law and Judiciary Department, No.DCE 5265/3643 J, dated the 22 nd February (2) The Bombay Civil Services Conduct, Discipline and Appeal Rules shall apply to all the members of Class III and Class IV Services of the subordinate Judicial Services, except the allocated Government Servants from the former States of Madhya Pradesh and Hyderabad who shall continue to be governed by the respective Conduct, Discipline and Appeal Rules by which they were governed immediately before the 1t of November,1956. (3) In cases governed by the Bombay Civil Services Conduct, Discipline and Appeal Rules, the District and Sessions Judges may impose any penalty specified in Rule 33of the said Rules upon members of the Class III or IV service in the Civil and Criminal Courts of his district. 2. Sheristedars or Senior Clerks of the Judicial Magistrates Courts, and Clerks in the Offices of such Courts, shall give security for the amount and in the manner prescribed in the case of Nazirs and Clerks, respectively, in the Courts of the Civil Judge ( J.D.)

2 3. Class IV servants, who are serving in the offices of the Courts, which are exclusively doing criminal work, and who are entrusted with the duty of carrying money from the office to the treasury or Bank or vice versa or of handling money in any other way, shall furnish security for the amount and in the manner prescribed in the case of Bailiff's of the Courts of Civil Judges ( Junior Division). Duties of the Clerks of Courts 4. (a) Criminal Appeals,Applications for Revision and other Petitions shall be received by the Clerk of the Court of the Sessions Court. He shall examine the proceedings and note in writing whether they conform to the provisions of the Act under which they purport to have been filed and of the Court fees and Limitation Act..He shall obtain the order of the Sessions Judge in the matter. (b) He shall prepare and/or scrutinise the warrants of commitment to prison. 5. The Clerk of the Court may, in the temporary absence of the Sessions Judge and when there is no Additional or Assistant Sessions Judge available at the Head quarters, adjourn proceedings and make orders as to re attendance of witnesses and, if necessary, take bail from any apprehended witness. 6. The Clerk of the Court shall further: (a) examine Returns and Statements submitted by the Judicial and Executive Magistrates and notes thereon. (b) sign, seal and dispatch certified copies of the judgments and orders in an Appeal or Revision to the lower Court concerned in cases of acquittal or conviction of Government Servants to their Department Heads. examine reports of Judicial Magistrates for forwarding proceedings and submit them to the Sessions Judge for fixing the dates of trial of the cases forwarding or likely to be forwarded to the Sessions Court. (d) examine periodically the records deposited in the record room and report to the Sessions Judge in matters which appeal to call for notice. (e) see to the smooth and efficient working of all the Sessions of the Office.

3 ( f) attend promptly to the complaints and inquiries made by members of the public having business in the Office or in the Courts. (g) (h) Examine all valuable muddemal property once in every month. Examine all General Muddemal Property once in every quarter. (i) certify about the solvency of the sureties offered in Appeals and Sessions Cases up to Rs.1.000/ after proper scrutiny. (j) shall verify whether the official required to furnish sureties have furnished the same or not and,if so, to ascertain every year whether they are alive and solvent or not. (k) shall see that paper books to be submitted to the High Court are prepared neatly and correctly. The duties and powers of the Clerk of the Court in relation to civil business in the District Court as prescribed in the Civil Manual shall apply mutatis to criminal business in the Sessions Court. 7. (a) Each Section writer shall daily type or copy and compare 5,000 words from documents in English or 3,500 words from documents in regional languages or in case wherein the copies are required to be prepared in hand writing, shall daily, copy and compare 3,000 words from documents in regional languages, and shall maintain a day today diary in Form A given at the end of this paragraph showing particulars of copying and comparing work done by him. The diary shall be checked and signed daily after verifying its correctness, by such officer as the officer presiding over the Court may appoint in this behalf. (b) A statement in Form B given at the end of this paragraph showing the daily out turn as also the balance of copying work shall be prepared and submitted daily in the District and Sessions Court by the record keeper to such officer as the District and Sessions Judge may appoint in this behalf. In the Court of the Civil Judge or of the Civil Judge and Judicial Magistrate, such statement shall be submitted by the Clerk of the Court and in the Court of the Judicial Magistrate by the Senior Clerk daily to the Presiding Officer of the Court. The officer to whom such statements are submitted shall examine whether the out turn of work is satisfactory and give such directions as he may deem necessary.

4 A register in Form C given at the end of this paragraphs shall be kept in every Court by such person as the officer presiding over the Court may direct in that behalf indicating the movement of the applications for copying. The said register shall be kept in three parts, part I relating to applications which are sent to other Courts for supplying the record of the required case or for supplying the copy after copying, part II relating to record of the required case, and part III relating to applications which are given to the Section Writers with the necessary originals for copying,. Where the Court concerned is doing both civil and Criminal work, such registers should be maintained separately for applications received in Civil matters and for applications received in criminal matters. (d) The Courts of the Civil Judges and Judicial Magistrates should submit every month to the District and Sessions Court a statement in Form D given at the end of this paragraphs showing the out turn and the balance of copying work in their courts. The District and Sessions Judge should scrutinize the statements and then issue such directions as he may deem proper and necessary. FORM A Name of the Section Writer Paper book work Certified copies work Date Distinctive Description of Serial number Distinctive Description number the document of the appli number of of the document of the or the exhibit cation in the case or or Exhibit Appeal or number copied the copying proceeding number copied revision Registered

5 of which the paper book is prepared Total number Total number of Total number of words Work Remarks of words typed words written compared other than copying and Comparing English Regional English Regional English Regional language Language language Language Notes: (1 ) if the section writer is an English section writer, the letter E should be inserted before his name within brackets and if he is Regional language section writer, the letter R should be inserted before his name within brackets. (2) In columns 7 to 12 show the total of copying as well as paper book work,if any. FORM B out turn and Balance of copying work on Balance pending at the close of day Kind of Balance Received Total Disposed Pending Pending over work of the during for of during over ten over twenty

6 previous the day dis the day days days posal Application for copying paper books. FORM C PART I (Relating to applications sent to other Court) sr. Number of the Name of the Court to Date on Date on which Remarks no. application in which the application which the the application the copying is sent for making the application is received back Register record of the case is sent. With or without available or for record or the preparing the copy copy PART II (Relating to applications sent to the Record keeper) Sr. Number of the Name of the Record Keeper Date on Date on which Remarks application in or the Record Clerk to which the the applithe copying whom the application is appli cation Register sent for making the cation is returned

7 record of the case is sent. With or available or without the record PART III (Relating to applications given to the Section Writer for copying) Sr. Number of the Name of the Section Date on Date on Remarks applications in Writer to whom the which the which the the copying application is given applica copy is Register with the original tion is prepared given FORM D PART I (Monthly out turn) Sr. Name of Number of Total number of Average number of no. the sec. working words copied words copies & compared tion days and compared per day writer

8 English Regional English Regional work other Remarks language language language language copying and comparing Total N.B. (1) In column no.2 shown the letter (E) in brackets against the name of the English section writer and the letter against the name of the Regional language section writer. (2) In columns 6 and 7 against the item Total show the average number of words, copied and compared per day per section writer. PART II ( Monthly balance ) Number of appli Number received Number of Balance pend. Serial numbers of cations pending during the month disposed ing at the end applications at the beginning month. During of the month pending more of the month the month than ten days with reasons for delay in each of them.

9 Holidays 8. The provisions contained in the Bombay Civil Manual regarding Holidays, leave and Transfer, shall apply mutatis mutandis to judicial Magistrates and civil Judges Cum Magistrates and their Courts. Hours of Attendance 9. The hours of work of the Courts and the office Establishment shall be such as maybe fixed by the High Court from time to time. Petition writers 10. The Honorable the Chief Justice and Judges with the previous approval of the Governor or Maharashtra under Article 227 of the Constitution of India and of the Government of Maharashtra under Section 555 A of the Code of Criminal Procedure,1998, (corresponding Section 477 of the Code of Criminal procedure, 1973) are pleased to direct that: (a) in supersession of the existing rules incorporated in paragraph 8 of Chapter XX of the Criminal Manual, 1960, appearing at pages 225 to 228 (hereinafter referred to as the existing rules ) the rules given in the Appendix language annexed hereto for licensing of petition writers in Criminal Courts (hereinafter referred to as the new rules'), be made and substituted for the existing rules in the said paragraphs 8; (b) notwithstanding the superseeeion of the existing rules by clause ( a) above, where the Sessions Judge has already brought into force in all or any of the Criminal Courts of the District the existing rules by the issue of a notification as required under the existing rules and where such rules continue to be in force on the date of the application of this notification the existing rules shall continue to remain in force until they are superseded by the issue of the necessary notification under the new rules by the Sessions Judge and the new rules are brought into force: ( c ) that the supersession of the existing rules shall not: ( i) affect the previous operation of any of the existing rules or anything duly done or suffered thereunder, or

10 ( ii ) affect any right, privilege, obligation or liability acquired, accrued or incurred under any of the existing rules, or ( iii) affect any penalty forfeiture or punishment incurred in respect of any offence committed against any of the existing rules, or ( iv ) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, contained or enforced and any such penalty, forfeiture or punishment may be imposed as if the new rules had not come into force;and ( d) any licence issued to a petition writer under the existing rules shall continue to remain force even after the new rules are brought into force, unless already cancelled by a competent authority, and shall be deemed to have been issued under the new rules. APPENDIX Rules for licensing of Petition Writers in Criminal Court 11. ( i ) The Sessions Judge or each District may, from time to time by notification, duly published in the Maharashtra Government Gazette, direct that from such date as he may prescribe these rules shall be in force in all or any of the Criminal Courts of the District and may by like notification suspend their operation in any such Court. (ii ) When these Rules are in force in any Court, no person other than a duly qualified lawyer entitled to practice in the Court or his clerk holding the necessary permit under the rules made in that behalf shall be permitted to prepare or write complaints, written statements, applications, lists of witnesses or any other legal document within precincts of such Courts, unless he shall first have obtained from the Magistrate or Judge presiding over the Court a petition writers; licence, which,if issued in any Criminal Court subordinate to the Sessions Court, shall be subject to confirmation by the Sessions Judge. ( iii ) The Sessions Judge shall in consultation with the Magistrate or the Judge presiding over the Court, fix the maximum number of petition writers to be licensed in each Court.

11 ( iv ) Subject to the provisions of rule ( iii ), the Magistrate or the Judge presiding over the Court may in his discretion issue a selected applicants licences in the form given below which shall remain in force till suspended or cancelled by competent authority. Temporary licences may be issued to fill temporary vacancies. ( v ) No such licences shall be granted to any clerk, bailiff or peon in the service of government or to the clerk of any lawyer practising in the district. ( vi ) Every applicant for a licence shall produce a certificate of good character signed by two lawyers practising in the Court or other reputable and responsible persons known to the Magistrate or the Judge presiding over the court. ( vii ) Every licensed petition writer shall attend the Court daily during office hours and shall not absent himself, without leave. He shall charge such fees only as maybe sanctioned by the Magistrate or the Judge presiding over the Court not exceeding the scale hereto annexed. He shall subscribe his name on every document written by him and shall note thereon the date and the fee charges. He shall keep a register in the following form and shall show it to the Magistrate or the Judge presiding over the court when required: Date Name of the client Nature of document Fee charged and the opponent, written (e.g.complaint, if any. Written statement etc. ( viii) No licensed petition writer shall act as a law tout or receive any fee for introducing clients to lawyers. (ix) No licensed petition writer shall directly or indirectly bid for any property sold at a Court sale. (x) Any person committing a breach of the provisions of Rule ( ii ) shall be liable to a fine not exceeding fifty rupees which may be imposed by the Magistrate or the Judge

12 presiding over Court. The Magistrate or the Judge presiding over the Court may also impose a fine not exceeding twenty five rupees on any petition writer or suspend or cancel the licence of any petition witter who commits any breach of the provisions of Rules (vii), ( viii) and ( ix) or who is guilty of any other misconduct. All punishments inflicted under this rule shall be inflicted by an order in writing, after giving the person affected thereby an opportunity of being heard in his defence and all such punishments excepting fines not exceeding two rupees imposed by a Magistrate or a Judge presiding over any Court subordinate to the Sessions Court shall be subject to an appeal to the Sessions Judge. No appeal shall lie from an order whether original or appellate passed by the Sessions Judge: Provided that the Magistrate or the Judge presiding over the Court or the Sessions Judge may, for reasons to be recorded in writing, suspend the petition writer, pending inquiry, with regard to his misconduct, if it is expedient to do so in the interest of administration (xi) A copy of these rules shall be hung up in a conspicuous place in each Court in which they are in force. Maximum Scale of Description of the document 1 1 Complaint in respect of cognizable and non cognizable offence. Maximum Fees Rs. P Memorandum of Appeal Application Written Statement List of witnesses 2.00

13 6 Any other legal documents, such rate as may be agreed on or in the absence of agreement. 7 For additional copies of documents mentioned at any of the items 1 to 6 above Half of the fees prescribed for the original for the first Copy and1/4 th of the fee for the additional copy if the copy is made by hand or by typing separately and half of the fees prescribed for the original for every set of two additional copies, if the copies are made with the help of carbon paper by hand or by typing. 8 For copies of documents not covered by item 7above. Rs.1 for per full page or part thereof if the copies made separately by hand or by typing and Rs.1 for every set of two copies if the copies are made with the help of carbon paper by hand or by typing. Note: The above fees shall be inclusive of paper cost and shall apply to documents and copies in English language as well as in the Regional language. 2. The above amendment will come into force from the date of publication of the notification in Maharashtra Government gazette High Court Appellate side 29thJan Form of Licence of Petition Writers In the...court of... To You are hereby appointed a petition writer in the Court of... subject to the rules

14 framed by the High Court in this respect. (Seal) Magistrate/Judge. Clerk of Lawyers 12. The rules regarding enrollment, suspension and removal of clerks of lawyers shall be the same as are contained in the Bombay Civil manual. A common Register of all Clerks of Lawyers practising in Civil and Criminal Courts in the District shall be maintained by the District Judge. Rules for licensing for typists in Criminal courts 13. The rules regarding the licensing of the typists,doing the typing work within the precincts of the Courts,for Advocates and Pleaders, shall mutatis mutandis be the same as are contained in paragraphs578 A, Chapter XXIX of the Civil Manual,1960,Volume I....