chapter xxiii holidays, leave, transfers and … · 2015-06-10 · (g) examine all valuable...
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CHAPTER XXIII
HOLIDAYS, LEAVE, TRANSFERS AND ESTABLISHMENT
ESTALISHMENT
Establishment
1. (1) The appointments to the posts of Classes III and IV in Civil and CriminalCourts 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 andSessions Judge in accordance with the procedure prescribed in the Rules for therecruitment in the subordinate Judicial Service,revised and issued under governmentresolution, Law and Judiciary Department, No.DCE5265/3643J, dated the 22nd February1971.
(2) The Bombay Civil Services Conduct, Discipline and Appeal Rules shallapply to all the members of Class III and Class IV Services of the subordinate JudicialServices, except the allocated Government Servants from the former States of MadhyaPradesh 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 ofNovember,1956.
(3) In cases governed by the Bombay Civil Services Conduct, Discipline andAppeal Rules, the District and Sessions Judges may impose any penalty specified in Rule33of the said Rules upon members of the Class III or IV service in the Civil and CriminalCourts of his district.
2. Sheristedars or Senior Clerks of the Judicial Magistrates Courts, and Clerks inthe Offices of such Courts, shall give security for the amount and in the mannerprescribed in the case of Nazirs and Clerks, respectively, in the Courts of the Civil Judge( J.D.)
3. Class IV servants, who are serving in the offices of the Courts, which areexclusively doing criminal work, and who are entrusted with the duty of carrying moneyfrom the office to the treasury or Bank or vice versa or of handling money in any otherway, shall furnish security for the amount and in the manner prescribed in the case ofBailiff'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 bereceived by the Clerk of the Court of the Sessions Court. He shall examine theproceedings and note in writing whether they conform to the provisions of the Act underwhich they purport to have been filed and of the Courtfees and Limitation Act. .He shallobtain 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 andwhen there is no Additional or Assistant Sessions Judge available at the Head quarters,adjourn proceedings and make orders as to reattendance 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 ExecutiveMagistrates and notes thereon.
(b) sign, seal and dispatch certified copies of the judgments and orders in an Appealor Revision to the lower Court concerned in cases of acquittal or conviction ofGovernment Servants to their Department Heads.
© examine reports of Judicial Magistrates for forwarding proceedings and submitthem to the Sessions Judge for fixing the dates of trial of the cases forwarding or likely tobe forwarded to the Sessions Court.
(d) examine periodically the records deposited in the record room and report to theSessions Judge in matters which appeal to call for notice.
(e) see to the smooth and efficient working of all the Sessions of the Office.
( f) attend promptly to the complaints and inquiries made by members of the publichaving business in the Office or in the Courts.
(g) Examine all valuable muddemal property once in every month.
(h) Examine all General Muddemal Property once in every quarter.
(i) certify about the solvency of the sureties offered in Appeals and Sessions Casesup to Rs.1.000/ after proper scrutiny.
(j) shall verify whether the official required to furnish sureties have furnished thesame 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 neatlyand correctly.
The duties and powers of the Clerk of the Court in relation to civil business in theDistrict Court as prescribed in the Civil Manual shall apply mutatis to criminal businessin the Sessions Court.
7. (a) Each Sectionwriter shall daily type or copy and compare 5,000 wordsfrom documents in English or 3,500 words from documents in regional languages or incase wherein the copies are required to be prepared in hand writing, shall daily, copy andcompare 3,000 words from documents in regional languages, and shall maintain a daytoday diary in Form A given at the end of this paragraph showing particulars of copyingand comparing work done by him. The diary shall be checked and signed daily afterverifying its correctness, by such officer as the officer presiding over the Court mayappoint in this behalf.
(b) A statement in Form “B” given at the end of this paragraph showing thedaily out turn as also the balance of copying work shall be prepared and submitted dailyin the District and Sessions Court by the record keeper to such officer as the District andSessions Judge may appoint in this behalf. In the Court of the Civil Judge or of the CivilJudge and Judicial Magistrate, such statement shall be submitted by the Clerk of theCourt and in the Court of the Judicial Magistrate by the Senior Clerk daily to thePresiding Officer of the Court. The officer to whom such statements are submitted shallexamine whether the out turn of work is satisfactory and give such directions as he maydeem necessary.
© A register in Form “C” given at the end of this paragraphs shall be kept inevery Court by such person as the officer presiding over the Court may direct in thatbehalf indicating the movement of the applications for copying. The said register shall bekept in three parts, part I relating to applications which are sent to other Courts forsupplying the record of the required case or for supplying the copy after copying, part IIrelating to record of the required case, and part III relating to applications which aregiven to the SectionWriters with the necessary originals for copying,. Where the Courtconcerned is doing both civil and Criminal work, such registers should be maintainedseparately for applications received in Civil matters and for applications received incriminal matters.
(d) The Courts of the Civil Judges and Judicial Magistrates should submitevery month to the District and Sessions Court a statement in Form “D” given at the endof 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 suchdirections 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
of which the paper book is prepared1 2 3 4 5 6Total number Total number of Total number of words Work Remarksof words typed words written compared other than
copying and
ComparingEnglish Regional English Regional English Regional language Language language Language 7 8 9 10 11 12 13 14
Notes: (1 ) if the sectionwriter is an English section writer, the letter E should beinserted 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 Bout turn and Balance of copying work on
Balance pendingat the close of day
Kind of Balance Received Total Disposed Pending Pending overwork of the during for of during over ten over twenty
previous the day dis the day days days posal
1 2 3 4 5 6 7Application for copyingpaper books.
FORM CPART I
(Relating to applications sent to other Court)sr. Number of the Name of the Court to Date on Date on which Remarksno. 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.1 2 3 4 5 6
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 appli the copying whom the application is appli cation Register sent for making the cation is returned
record of the case is sent. With or available or without
the record 1 2 3 4 5 6
PART III (Relating to applications given to the SectionWriter 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
given1 2 3 4 5 6
FORM D PART I
(Monthly out turn)Sr. Name of Number of Total number of Average number ofno. the sec. working words copied words copies & compared tion days and compared per day writer
English Regional English Regional work other Remarkslanguage language language language copying
and comparing
1 2 3 4 5 6 7 8 9
Total
N.B. (1) In column no.2 shown the letter (E) in brackets against the name of the Englishsection 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 ofwords, copied and compared per day per section writer.
PART II ( Monthly balance )
Number of appli Number received Number of Balance pend. Serial numbers ofcations pending during the month disposed ing at the end applications at the beginning month. During of the month pending moreof the month the month than ten days
with reasons for delay in each of them.
Holidays
8. The provisions contained in the Bombay Civil Manual regarding Holidays, leaveand Transfer, shall apply mutatis mutandis to judicial Magistrates and civil JudgesCumMagistrates and their Courts.
Hours of Attendance
9. The hours of work of the Courts and the office Establishment shall be such asmaybe fixed by the High Court from time to time.
Petition writers
10. The Honorable the Chief Justice and Judges with the previous approval of theGovernor or Maharashtra under Article 227 of the Constitution of India and of theGovernment of Maharashtra under Section 555A of the Code of CriminalProcedure,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 ofthe Criminal Manual, 1960, appearing at pages 225 to 228 (hereinafter referred to as “theexisting rules”) the rules given in the Appendix language annexed hereto for licensing ofpetition writers in Criminal Courts (hereinafter referred to as “the new rules'), be madeand substituted for the existing rules in the said paragraphs 8;
(b) notwithstanding the superseeeion of the existing rules by clause ( a) above, wherethe Sessions Judge has already brought into force in all or any of the Criminal Courts ofthe District the existing rules by the issue of a notification as required under the existingrules and where such rules continue to be in force on the date of the application of thisnotification the existing rules shall continue to remain in force until they are supersededby the issue of the necessary notification under the new rules by the Sessions Judge andthe 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 dulydone or suffered thereunder, or
( ii ) affect any right, privilege, obligation or liability acquired, accrued orincurred under any of the existing rules, or
( iii) affect any penalty forfeiture or punishment incurred in respect of anyoffence committed against any of the existing rules, or
( iv ) affect any investigation, legal proceeding or remedy in respect of any suchright, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid andany such investigation, legal proceeding or remedy may be instituted, contained orenforced and any such penalty, forfeiture or punishment may be imposed as if the newrules had not come into force;and
( d) any licence issued to a petition writer under the existing rules shall continue toremain force even after the new rules are brought into force, unless already cancelled by acompetent 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 bynotification, duly published in the Maharashtra Government Gazette, direct that fromsuch date as he may prescribe these rules shall be in force in all or any of the CriminalCourts of the District and may by like notification suspend their operation in any suchCourt.
(ii ) When these Rules are in force in any Court, no person other than a dulyqualified lawyer entitled to practice in the Court or his clerk holding the necessary permitunder 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 withinprecincts of such Courts, unless he shall first have obtained from the Magistrate or Judgepresiding over the Court a petition writers; licence, which,if issued in any Criminal Courtsubordinate 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 Judgepresiding over the Court, fix the maximum number of petition writers to be licensed ineach Court.
( iv ) Subject to the provisions of rule ( iii ), the Magistrate or the Judge presiding overthe Court may in his discretion issue a selected applicants licences in the form givenbelow 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 ofgovernment or to the clerk of any lawyer practising in the district.
( vi ) Every applicant for a licence shall produce a certificate of good character signedby two lawyers practising in the Court or other reputable and responsible persons knownto the Magistrate or the Judge presiding over the court.
( vii ) Every licensed petition writer shall attend the Court daily during office hours andshall not absent himself, without leave. He shall charge such fees only as maybesanctioned by the Magistrate or the Judge presiding over the Court not exceeding thescale hereto annexed. He shall subscribe his name on every document written by him andshall note thereon the date and the fee charges. He shall keep a register in the followingform and shall show it to the Magistrate or the Judge presiding over the court whenrequired:
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 forintroducing clients to lawyers.
(ix) No licensed petition writer shall directly or indirectly bid for any property sold ata Court sale.
(x) Any person committing a breach of the provisions of Rule ( ii ) shall be liable to afine not exceeding fifty rupees which may be imposed by the Magistrate or the Judge
presiding over Court. The Magistrate or the Judge presiding over the Court may alsoimpose a fine not exceeding twenty five rupees on any petition writer or suspend orcancel the licence of any petition witter who commits any breach of the provisions ofRules (vii), ( viii) and ( ix) or who is guilty of any other misconduct. All punishmentsinflicted under this rule shall be inflicted by an order in writing, after giving the personaffected thereby an opportunity of being heard in his defence and all such punishmentsexcepting fines not exceeding two rupees imposed by a Magistrate or a Judge presidingover any Court subordinate to the Sessions Court shall be subject to an appeal to theSessions Judge. No appeal shall lie from an order whether original or appellate passed bythe Sessions Judge:“Provided that the Magistrate or the Judge presiding over the Court or the Sessions Judgemay, 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 inwhich they are in force.
Maximum Scale of
Description of the document
1
Maximum Fees
Rs. P.
1 Complaint in respect of cognizable andnoncognizable offence.
6.00
2 Memorandum of Appeal 10.00
3 Application 4.00
4 Written Statement 4.00
5 List of witnesses 2.00
6 Any other legal documents, such rate asmay be agreed on or in the absence ofagreement.
5.00
7 For additional copies of documentsmentioned at any of the items 1 to 6above.
Half of the fees prescribed forthe original for the first Copyand1/4th of the fee for theadditional copy if the copy ismade by hand or by typingseparately and half of the feesprescribed for the original forevery set of two additionalcopies, if the copies are madewith the help of carbon paper byhand or by typing.
8 For copies of documents not covered byitem 7above.
Rs.1 for per full page or partthereof if the copies madeseparately by hand or by typingand Rs.1 for every set of twocopies if the copies are madewith the help of carbon paper byhand or by typing.
Note: The above fees shall be inclusive of paper cost and shall apply to documents andcopies in English language as well as in the Regional language.2. The above amendment will come into force from the date of publication of thenotification in Maharashtra Government gazette High Court Appellate side 29thJan.1992.
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
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 shallbe the same as are contained in the Bombay Civil manual. A common Register of allClerks of Lawyers practising in Civil and Criminal Courts in the District shall bemaintained 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 theprecincts of the Courts,for Advocates and Pleaders, shall mutatis mutandis be the same asare contained in paragraphs578A, Chapter XXIX of the Civil Manual,1960,Volume I.
....