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State of Rajasthan - Section

Section 8 in The Family Courts (Rajasthan) Rules, 1991

8. [ Appointment of counsellors. [Substituted by Notification No. G.S.R. 28, dated 27.6.2016 (w.e.f. 23.11.1991).]

(1)The High Court shall, by public notice published in any local daily news paper having wide circulation in the area, invite applications for each area from persons engaged or working in the field of social welfare and welfare of the family for being associated with or to assist the Family Court of such area.
(2)A person shall not be qualified for appointment as a counsellor unless he possesses the following qualifications, namely:-
(i)Degree in social sciences such as social welfare, sociology, clinical psychiatry, psychology/ philosophy, preferably with a Degree in laws; and
(ii)At least five years experience in field work/ research or of teaching in Government department or in a College/ University or a comparable academic institute, with special reference to problems of women and children.
OrFive years experience in the examination and/ or application of Central/ StateLaws relating to marriage, divorce, maintenance, guardianship and adoption and other family disputes;Provided that the High Court may, in exceptional circumstances, relax the minimum academic qualifications:Provided further that preference may be given to women having the requisite qualifications:Provided also that preference shall be given to a candidate who has been an officer of District Judge cadre or has experience of counselling in family matters.
(3)The applications received for appointment as counsellors shall be examined and if the applicants are, on such enquiry as deemed proper, found to be fit for being associated as counsellors, such applicants shall, in consultation with the Judge of the Family Court, be authorized for a period of two years by the State Government by notification in the Official Gazette, to be associated with the Family Court in that area.
(4)The Court may appoint a Counsellor from the persons authorized under sub-rule (3).
(5)The Court may secure the services of any other person whose association with the Court appears necessary so as to enable the Court to exercise its jurisdiction more effectively in accordance with the purpose of the Act.]
8. Appointment of counsellors and other persons.- (1) The High Court shall, by public notice published in any local daily newspaper invite applications in each area from institutions organisations and persons engaged or working in the field of social welfare and welfare of the family for being associated with or to assist the Family Court of such area.(2) The applications shall be examined and if the applicants are, on such enquiry as deemed proper, found to be fit for being associated as counsellors, such applicants shall, in consultation with the Judge of the Family Court be authorized for a period of 2 years by the State Government by notification in the official Gazette, to be associated with the Family Court in that area.(3) The Court may appoint a Counsellor from the approved list.(4) Such Counsellor may, if permitted by the Court in a particular matter, assist the Court as welfare expert in its functions under the Act.(5) Such Counsellor shall not be paid any fee or expenses by any party to the case.(6) The Court may assign any work to a Counsellor for assisting it in discharging its functions under the Act.(7) The Court may secure the services of any other person whose association with the Court appears necessary so as to enable the court to exercise its jurisdiction more effectively in accordance with the purpose of the Act.(8) The Counsellor or the person associated with the Court under clause (7) shall not act or plead for a party to a case or proceeding but shall generally assist the Court in reaching peaceful and amicable settlement of the dispute.(9) A Counsellor or a person associated under clause (7) may be paid by the Court a sum not exceeding Rs. 25/- as conveyance charges.