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State of Uttarakhand - Section

Section 10 in Uttaranchal Amendments of the Rules of the Court, 1952

10. General Provision:

(i)Notwithstanding anything contained in the foregoing Chapter, any Rule or Rules inconsistent with this Chapter XLI, shall stand repealed and shall be read consistent with Chapter XL."The following amendments be incorporated in Chapter III of the Allahabad High Court Rules, 1952 :Rule 1 : Concerning Inspecting Judge is deleted.Rule 2 : is deleted.Rule 4 : be substituted by the following:"(A) Matters for the Chief Justice :
(1)General supervision and control of Subordinate Courts and Vigilance Cell subject to these Rules.
(2)Constituting Committees of Judges to examine any specified matter.
(3)Co-ordination of the work of different Committees.
(4)Assigning any work of the district as may be considered proper or expedient to any one or more Judges of the High Court.
(5)Mid-term posting and transfer of the Officers of Subordinate Judiciary.
(6)Inter-district transfers of the employees of the Subordinate Courts.
(7)Review of the Judicial work of Subordinate Courts, Tribunals, District Consumer Forum and all other Special Courts and control over their working including inspection thereof which may also be assigned to any Judge of the High Court.
(8)Recording entries in the character rolls of the officers posted in the District Courts, Tribunals, District Consumer Forum and other Special Courts which may also be assigned to any Judge of the High Court.
(9)Perusal of Returns, Calendars, Evaluation of Inspection Notes made by the Presiding Officers in respect of their own offices, Audit Reports received from those Courts, Tribunals etc. and to make orders thereon.
(10)Deciding representations of the Judicial Officers of the Subordinate Courts made within one month from the date of communication to them of the Adverse Remarks, if any, by the District Judge concerned.
(11)Grant of casual leave (including special casual leave) and permission to leave the Headquarters to the District and Sessions Judges, Presiding Officers of the Tribunals and Special Courts, by whatever name designated. It may also be assigned to any Judge of the High Court.
(12)Grant of earned leave to the Judicial Officers. It may also be assigned to any Judge of the High Court.
(13)Deciding appeal against the punishment imposed on the employees of the Subordinate Courts.
(14)Creation and abolition of posts.
(15)Consideration of the preliminary reports in disciplinary matters and directing holding of disciplinary inquiry against the officers subordinate to the High Court.
(16)Suspension of the officers subordinate to the High Court pending disciplinary proceedings.
(17)Award of censure entries to the officers subordinate to the High Court.
(18)Provisional Promotion of the officers to the cadre of Civil Judge (Senior Division) and the Chief Judicial Magistrate.
(19)Direction of issuance of the Circular Letters and General Letters for the guidance of the Subordinate Courts.
(20)To decide matters in which opinion of the High Court is sought by the Union or State Government.
(21)Permission to cross efficiency bar to the officers subordinate to the High Court.
(22)Any other matter not covered under the powers of the Full Court.
(B)Matter for the Full Court:
(1)Deputation of officers of Subordinate Judiciary and their withdrawal.
(2)Annual posting and transfers of the officers of Subordinate Judiciary.
(3)Confirmation and promotion to selection grade, supertime scale and reversion of the officers of the Subordinate Judiciary.
(4)Investiture of powers of officers of the Subordinate Judiciary.
(5)Finalisation of list of holidays, working hours, vacations and calendars of the High Court.
(6)Fixing working hours, vacation of Subordinate Courts, calendar and list of holidays of Subordinate Courts.
(7)Direct recruitment to Higher Judicial Service and recommendations to the Government regarding promotion to Higher Judicial Service.
(8)Grant of supertime scale to the officers of Higher Judicial Service, reduction in rank, premature retirement.
(9)Termination of services of probationers and temporary officers of subordinate Judiciary.
(10)Consideration of final reports of disciplinary inquiries in respect of officers of the Subordinate Judiciary and taking decisions as to punishment.
(11)Proposals as to legislation and changes in law.
(12)Amendment of Rules of Court.
(13)Amendment of Rules applicable to the Subordinate Courts.
(14)General policy matters.
(15)Consideration of general annual report of Administration of Justice to be sent to the Government.
(16)Consideration of any representation against the adverse remarks awarded by the Chief Justice or by any other Judge of the High Court to an officer of Subordinate Judiciary.
(17)Any matter which the Chief Justice or any Judge of the High Court considers fit to be placed before the Full Court.
(18)Any other matter which is not covered under any of the above heads.Note. - The Full Court shall also have the power to review any decision taken by the Chief Justice under the head 'A'.Following should be substituted in place of existing Rule 5 :"The business of Full Court may be transacted either at a meeting or by circulation provided that if any Judge in the case of matters relating to the Full Court desires that the matter may be placed in a meeting, it shall be so placed."Following should be substituted in place of existing Rule 6:"Procedure for circulation. - So far as convenient, papers for circulation shall be sent by the Registrar to the Judges in their order or seniority, commencing with the Junior Judge. The Registrar shall, so far as practicable, obtain from each Judge such papers within three days from the date when the same are sent to him. The Registrar shall endorse on the papers the date when they are sent to and the date when are received back from each Judge. It shall not be necessary to send papers to any Judge who is not for the time being at the station."Existing Rule 7 is retained in its present form.Following is substituted for existing Rule 8 :"Papers to be submitted to Chief Justice after circulation. - After any papers have been circulated for opinion, they shall be submitted again to the Chief Justice and he may either direct that the opinion of the majority of the Judges including his own be given effect to or lay the matter for consideration before a Judges meeting."Following is substituted for the existing Rule 9 :"Full Court Meeting. - The Chief Justice may call a Full Court meeting whenever there is business to be disposed of.Provided :
(1)that a Full Court meeting shall be called once every three months excluding winter vacation, and
(2)that if a request is made to the Chief Justice by at least two Judges to call such a meeting, it shall be called within a week of the request."Rule 10 is deleted .Existing Rule 11 is substituted by the following:"(a) The Registrar shall give notice to the Judges concerned, except in a case of emergency, at least three days notice of the Full Court meeting of the date, place and hour when such meeting would be held and of the business to be brought before such meeting. In a case of emergency, the Registrar shall give the best notice he can.
(b)The Agenda of the Full Court meeting shall ordinarily be circulated to all the Judges before the meeting and they may, if necessary, express their views in writing on any of the matter for consideration of the Full Court, as the case may be.
(c)As soon as the business of the Full Court is over the minutes of the Full Court will be circulated to all the Judges."
Following is substituted for the existing Rule 12 :"Quorum. - The quorum necessary for the transaction of the business shall be two in the cast of the meeting of the Full Court."By order of the Court(J.C.S. Rawat)Register.[2] Notification No. 163/UHC-2001, dated 6th October, 2001In exercise of the powers conferred by clause (2) of Article 229 of the Constitution of India and all other powers enabling in that behalf, the Court has been pleased to make the following amendments in High Court Rules, 1952, applicable to Uttaranchal under Section 30 of the l/.P. Reorganisation Act, 2000 :AmendmentsThe following Amendments be substituted in the rules of the High Court Rules, 1952, applicable to Uttaranchal.Add the sub-rule (6) in Chapter VII after sub-rule (5) in Rule 1. The following guidelines laid down in the Supreme Court's Judgment, Criminal Appeal Nos. 389 of 1998, 387-88 of 1998 and 199 of 1999, Anil Rai v. State of Bihar, be incorporated in the High Court Rules, 1952 :"(6) - (i) In a case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title date of reserving the judgment and date of pronouncing it be separately mentioned by the Bench Secretary concerned.
(ii)The Bench Secretary/Reader of the various Benches in the High Court of Uttaranchal to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within six weeks.
(iii)On noticing that after conclusion of the arguments the judgment is not pronounced within a period of two months the Chief justice shall draw the attention of the Bench concerned to the pending matter. The Chief Justice may also see the desirability of circulating the statement of such cases in which the judgments have not been pronounced within a period of six weeks from the date of conclusion of the arguments amongst the Judges of the High Court for their information. Such communication be conveyed as confidential and in a sealed cover.
(iv)Where a judgment is not pronounced within three months from the date of reserving judgment any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment. Such application as and when filed, shall be listed before the Bench concerned within two days excluding the intervening holidays.
(v)If the judgment, for any reason, is not pronounced within a period of six months any of the parties of the said list shall be entitled to move an application before the Chief Justice of the High Court with a prayer to withdraw the said case and to make it over to any other Bench for fresh arguments. It is open to the Chief Justice to grant the said prayer or to pass any other order as he deems fit in the circumstances."
By order of the Court(J.C.S. Rawat)Register.[3] Notification No. 164/UHC-2001, dated 6th October, 2001In exercise of the powers conferred by clause (2) of Article 229 of the Constitution of India and all other powers enabling in that behalf, the Court has been pleased to make the following amendments in Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976, applicable to Uttaranchal under Section 30 of the U.P. Reorganisation Act, 2000 :AmendmentsThe following Amendment be substituted in the Rules of the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976, applicable to Uttaranchal :The following Rule be added in Chapter IV, Rule 8 after sub-clause (c) :
"(cc) Console Operator-cum-Data Entry Assistant ... (i) By direct recruitment through competitive examinationconducted by the appointing authority or in any manner sodirected by the Chief Justice.
(ccc) System Analyst-cum-Programmer ... (i) By direct recruitment through competitive examinationconducted by the appointing authority or in any manner sodirected by the Chief Justice."
Rule 9, Clause (b) in Chapter IV is deleted and substituted as under:
"(b) Personal Assistant ... Must possess good knowledge of English Shorthandand Type-writing with minimum speed of 40 words per minute inEnglish and 100 words in English Shorthand dictation per minute.Preference will be given to those having good knowledge of HindiShorthand and Type-writing with minimum speed of 30 words inHindi Type-writing per minute and 80 words in Hindi Shorthanddictation per minute and knowledge of Computer operation."
Sub-clauses VI and VII of Rule 9 in Chapter IV be substituted after sub-clause (v) :
"(vi) Console Operator-cum Data Entry Assistant ... (i) Must possess a Bachelor's Degree of a Universityestablished by law in India or a qualification recognised asequivalent thereto.
    ... (ii) Must possess a speed of not less than 8000 keyDepressions per hour for Data Entry work.
    Note 1 : Qualifications are relaxable at the discretion"of the Chief Justice.
    Note 2 : The speed of 8000 key Depressions per hour forData Entry work is to be judged by conducting a speed test on theEDP Machine(s) by the competent authority.
(vii) System Analyst-cum-Programmer ... 1. Must possess a Bachelor's Degree in Engg. orM.Sc. Maths or Statistics of a University established by law inIndia or a qualification recognised as equivalent thereto.
    ... 2. Two years Experience in any Institute or anyother establishment or Corporation or Undertaking or any otherdepartment in the sphere of computer software.
        Degree in Computer Technology by a recognisedInstitute or a University established by law in India or aqualification recognised as equivalent thereto."
Rule 20 (b) (i) is deleted and substituted as under:
"(b) (i) Deputy Registrar ... (i) By promotion from amongst Section Officers ofGeneral Officer. Bench Secretaries Grade 1 and PrivateSecretaries having three years experience as such:
        Provided that-
      (1) the appointment shall be so regulated that outof the existing posts of Deputy Registrar 50% of the posts shallbe filled from amongst the Section Officers, 25% from amongstBench Secretaries, Grade 1 and 25% from amongst the PrivateSecretaries. In case a fraction of a post, the matter as to whomit should go shall rest in the discretion of the Chief Justice.
      (2) notwithstanding anything contained in proviso(1) above, any Deputy Registrar may also be appointed by theChief Justice as he deems fit and expedient."
By order of the Court(J.C.S. Rawat)Register.[4] Notification No. 03/UHC-2002, dated 21st March, 2002In exercise of the powers conferred by clause (2) of Article 229 of the Constitution of India and all other powers enabling in that behalf, the Court has been pleased to make the following amendments in High Court Rules, 1952 applicable to Uttaranchal under U. P. Reorganisation Act, 2000 :AmendmentAdd the following Rule 22, in Chapter IV of the Allahabad High Court Rules, 1952, applicable to Uttaranchal after Rule 21, in Chapter IV :"Notwithstanding anything contained in the foregoing rules of Chapter IV of the High Court Rules, the affidavits for the purpose of any cause, appeal or matter before the High Court may be sworn before a Notary."This amendment will come into force with immediate effect.By order of the Court(J.C.S. Rawat)Register.[5] Notification No. 04/UHC-2002, dated 21st March, 2002In exercise of the powers conferred by clause (2) of Article 229 of the Constitution of India and all other powers enabling in that behalf, the Court has been pleased to make the following amendments in High Court Rules, 1952 applicable to Uttaranchal under U.P. Reorganisation Act, 2000 :AmendmentsAdd sub-clause (23) after sub-clause (22) in Chapter III, Rule 4 (A) of High Court Rules, 1952 applicable to Uttaranchal, as under: