Rules made by the High Court under the Andhra Pradesh Civil Courts Act, 1972

advtanmoy 26/12/2018 6 minutes read

Rule 1 – The District Courts and the Senior Civil Judges Courts in the State may adjourn for a period not exceeding 55 days in each year as may be notified by the High Court.

Rule 2 – All the Civil Courts under the control of the High Court may adjourn for Sankranti, Summer and Dasara. The High Court will issue notifications every year sufficiently in advance declaring Sankranthi, Summer and Dasara Vacations for all the Civil Courts in the State including the Junior Civil Judge Courts.

Rule 3 – The annual adjournment for summer shall be curtailed by the number of working days included in the adjournments for Sankranti and Dasara in each year.

Rule 4 – The rules relating to annual adjournment shall apply mutatis mutandis to Sankranti and Dasara adjournments.

Rule 5 – The annual adjournment for summer for the District Courts and Sub-Courts shall commence on the same day as the High Court adjourns for its summer vacation.

Rule 6 – (a) The Chief Judge, City Civil Court, the Chief Judge City Small Causes Court, Additional Chief Judges in the City, the Additional Judges, Assistant Judges and Rent Controllers, in the above Courts, the District Judges, Additional District Judges, Subordinate Judges and District Munsifs who belong to Vacation Department shall remain in the Head Quarters during Sankaranthi, Summer and Dasara Vacations in order to attend to official work-Judicial or Administrative, subject to clauses (b) and (c) of this Rule.
(b) The Chief Judge, City Civil Court, the Chief Judge, City Small Causes Court, Additional Chief Judges in the City, the District Judges and Additional District Judges may be permitted by the High Court to avail two weeks permission to be away from the Head Quarters during Summer Vacation, by turns.

(c) The Additional Judges, Assistant Judges in City Civil Courts, Additional Judges and Rent Controllers in City Small Causes Courts, Subordinate Judges and District Munsifs in the districts may be permitted by their respective unit heads to avail two weeks permission to be away from the Head Quarters during Summer Vacation, by turns.

(d) The Metropolitan Sessions Judges, Additional Metropolitan Sessions Judges, Chief Metropolitan Magistrates in the Metropolitan areas and Sessions Judges, Additional Sessions Judges, Chief Judicial Magistrates and Special Judges doing criminal work may be permitted by the High Court to avail two weeks permission to be away the Head Quarter during Summer Vacation, by turns.

(e) The Assistant Metropolitan Sessions Judges, Metropolitan Magistrates in Metropolitan areas, Assistant Sessions Judges, and Judicial Magistrates of First Class in the districts may be permitted by their respective unit heads to avail two weeks permission to be away from the Head Quarters during Summer Vacation by turns.

(f) The Ministerial Officers and employees in the Judicial Department may be permitted by the their respective office heads to avail one week permission during Summer Vacation by fixing turns without causing inconvenience to the office administration.

Rule 7 – xxxx

Rule 8 – During the adjournment a Judge may hear and determine any suit or matter which both parties may be willing that he should so hear and determine.

Rule 9 – No plaint or petition except applications for grant of copies and for service and execution of processes shall be received by the civil courts of any grade other than the Vacation Civil Judge during the adjournment. The offices of the copyists and process service and execution department shall accordingly be kept open throughout the vacation provided that no arrest warrant shall be executed during the adjournment. The offices of the other departments shall remain closed. Arrangements shall however be made,-
(i) for furnishing the copyists and process departments with necessary records and original orders;

(ii) for transmitting to the High Court records in appeals etc; and

(iii) for all administrative correspondence.

Rule 10 – The occurrence of the adjournment shall not be accepted as an explanation for the non-submission of statistical or other information called for by the High Court or by any competent authority.

Rule 11 – (i) The officer-in-charge of the office shall during the annual adjournment of courts perform, when necessary, the duties of the Chief Ministerial Officer, the Central or Deputy Nazir or the Superintendent of Copyists,
(ii) Matters requiring the order or supervision of the judge shall not be dealt with during the vacation.

(iii) Repayment of unexpended case under Rule 172, Civil Rules of Practice and Circular Orders (Volume I) shall be deferred until the reopening of courts.

Notes : –

(1) Judge and other Officers who get regular vacations on full pay shall report to the Accountant-General the date on which they resume duty after such vacation. (G. O. 2004 H. (j) dated 10-8- 1916. H.C. Dis. 1916.)

(2) All District Judges, Senior Civil Judges and Junior Civil Judges shall report to the High Court the hour and date on which they resume duty on the reopening of their courts after vacation. H.C.D. is 1539 of 1924.) Holidays

1. All the Courts under the control of the High Court shall observe Sunday, Second Saturdays in every month as public holidays in addition to the list of general public holidays notified by the High Court every year.

2. The courts shall not be closed on days other than those allowed by the High Court.

3. Employees in the Judicial Department, including the Presiding Officer of Courts, shall not avail Optional Holidays. They may be permitted to avail casual leave not exceeding 15 days in the course of one calendar year.

4. The District Judges may grant, in lieu of a Second Saturday, a local holiday on account of a festival or of a visible eclipse of the Moon or the Sun so far as their own courts or the subordinate courts in their district provided a month’s notice is given of the grant of the holiday.

5. The Presiding Officers of the courts may suspend the court work for not more than half-an-hour or to stand in silence for two minutes after a suitable reference has been made when a practising local advocate passes away and when a request for suspension of work is made to the Court.