The Appellate Side Rules of The High Court at Calcutta-Chapter -1 [Administrative Committee]

CHAPTER I

Business not of a Judicial Character

The Administrative Committee

[1. There shall be an Administrative Committee of the Judges composed of the Chief Justice and at least four other Judges to be nominated from time to time by the Chief Justice.]

2. The Administrative Committee shall be charged with the control and direction of the subordinate courts, so far as such control and direction are exercised otherwise than judicially.

3. The Administrative Committee shall have power, without reference to the Judges generally –

(a) to make recommendations for appointment to the Selection Grade posts of the Higher Judicial Service;

(b) to make recommendations –

(i) for selection of Assistant District Judges for appointment to the Higher Judicial Service,

(ii) for selection of Assistant District Judges for appointment as Assistant Sessions Judges,

(iii) for selection of Munsifs for appointment as Assistant Sessions Judges;

(c) to make recommendations –

(i) for confirmation of Assistant District Judges and Munsifs,

(ii) for allowing Munsifs to cross Efficiency Bars,

(iii) for appointment to the Selection Grade posts of Assistant District Judges;

(d) to make recommendations for disciplinary action including degradation and suspension against members of the Higher Judicial Service and State Judicial Service;

(e) to issue circulars, orders and general letters to the Subordinate Courts;

(f) to dispose of any matter which might ordinarily have been dealt with by the Judge – in – Charge of the Administrative Department and which he or the Chief Justice may have referred to the Committee for their opinion.]

Judge-in-Charge, Administrative Department

4. One Judge, being a member of the Administrative Committee, shall have executive charge of the Administrative Department, by which is meant the administrative business of the court on its Appellate Side:Provided that the Chief Justice may at any time direct that the powers conferred on the Judge in the Administrative Department shall be exercised by two or more Judges of the Court, who shall also be members of the Administrative Committee, and who may apportion the duties of the post between them, subject to the approval of the Chief Justice.

Powers of the Judge in the Administrative Department

5. Order on all correspondence and on all returns and statements (not being returns to precepts and judicial orders or explanations called for by particular Judges or Benches) shall ordinarily be passed under his powers, as hereinafter specified, by the Judge in the Administrative Department (or by the Registrar under his superintendence):[Provided that the sessions statement which is required from each Sessions Judge at the close of every month shall be submitted for the orders of the Judges of the Division Bench sitting for the disposal of the Criminal Business or such other Judges as the Chief Justice may direct. This statement will, hoWever, be dealt with by such Judges from the judicial point of view only, and when returned by them, will be laid before the Judge in the Administrative Department, whenever any orders are required on any administrative questions (including delays in commitment) in connection with the statement.

6.The Judge of the Administrative Department is empowered to pass orders in the following matters, namely:

(a) matters arising out of the review of all periodical returns and statements furnished by the Subordinate Civil and Criminal

Courts, and also sessions statements in the manner provided in the proviso to Rule 5;

(b) the posting, transfer and the grant of leave to the members of the Higher Judicial Service:

[Provided that in respect of the posts of – (i) Secretary, Additional Secretary and/or Joint Secretary, Judicial Department; (ii) Secretary, Additional Secretary and /or Joint Secretary, Legislative Department; (iii) Legal Remembrancer, Additional and /or Joint Legal Remembrancer; (iv) Chief Judge, City Civil and Sessions Courts; (v) Chief Metropolitan Magistrate; and (vi) District and Sessions Judge, 247Parganas, the selection shall be made, in the first instance, by the Judge of the Administrative Department in consultation with the Chief Justice, such selection be circulated to all the Judges, and, if no objection is raised by any Judge, it shall be deemed to have been approved by all the Judges, and in case any such objection is raised, the matter is to be decided at a meeting of all the Judges;]

(c) the posting, transfer and the grant of leave to the Assistant District Judges and Munsifs; .

(d) vesting MunsifS with higher powers or with powers under the Provincial Small Causes Court Act; and

(e) recommendations to the State Government for vesting Assistant District Judges and Munsifs with powers under the. Indian Succession Act, the Land Acquisition Act and other Statutes under which the State Government is to vest Subordinate Judges and Munsifs with powers.]

Special Committees

7. A Special Committee may be appointed by the Judges at a meeting of the Full Court, or by the Chief Justice, at any time, to consider and report to the Full Court upon any matter which may be referred to it.8.Such a Committee shall have power, without reference to the Judges generally, to enter upon and conduct any correspondence which the members may consider desirable, in order to enable them to prepare their report.

Contemplated Legislation

9. Bills of the Legislative Department of the Central Government and of the State Government forwarded to the High Court for opinion, proposals for the amendment of the law, and generally all matters connected with the development of the law, shall ordinarily be referred in the first instance to Special Committees appointed under Rule 7, consisting of not less than three members.

General

10. The Registrar, Appellate Jurisdiction, is in administrative control of the offices on the Appellate Side of the Court, and the Officers in immediate charge of such offices are responsible to the Registrar and he to the Chief Justice for their efficient administration. Matters affecting all departments on the Appellate Side, and establishment questions in particular, shall be submitted to the Registrar through the Deputy Registrar.

[10A.The expression ‘Registrar’ occurring in these rules includes ‘Additional Registrars’:Provided that the powers and the duties of the Registrar under the Appellate Side Rules may be distributed as between the Registrar and the Additional Registrars by the Chief Justice from time to time.]

11. The office rooms of the court are not open to the public. Information regarding cases shall only be obtained upon filing an application in the form prescribed in Chapter XVI. Advocates may, however, interview any Gazetted Officer of the court during office hours on official business. They or their clerks shall also have free access to the proper officials for the purposes mentioned in the Schedule appended to this Chapter.

12. It shall be the duty of the Registrar to submit all papers relating to any matter to the Committee, if any, appointed to deal with it.

13. [(1) When the Administrative Committee has acted under Rule 3 of this Chapter the relevant papers shall be laid on the table; and there shall be circulated to all the Judges as soon after each meeting as possible, a notice in which shall be stated the matters which have been laid before the Committee and the manner in which they have disposed of with a note that in the absence of any objection being raised by any Judge, the resolutions of the Administrative Committee would be deemed to be approved by all the Judges of the court.](2) When a Special Committee is appointed under Rule 7 of this Chapter, a notice shall be circulated to all the Judges informing them of the appointment, of the names of the members, and of the matters which have been referred to it.When any matters are pending before such Special Committee, notices shall be circulated fortnightly to all the Judges stating what matters are pending.If a Special Committee enters upon and conducts any correspondence under Rule 8 of these rules, the relevant papers shall be laid on the table for the information of the Full Court.

14. It shall be competent to any Judge to require that any matter within the cognizance of any Committee shall be referred to the Full Court.

15. On the following matters all the Judges shall be consulted: –

(a) Proposed changes in the law where the proposition emanates from the Government or, in other cases, where a Committee or any Judge of the Court considers that action is called for.

(b) The Administration Reports yearly submitted to Government.

(c) Rules which, when published, will have the force of law.

(d) Subjects connected with the relations between the Supreme Court and the High Court.

(e) All appointments which by law are made by the High Court and which are not otherwise expressly provided for by the rules in this Chapter.

[(f) Omitted].

16. Any individual Judge shall be at liberty to record a separate minute upon any matter that comes before the Full Court for discussion; but no such minute shall be submitted to the Government by the Registrar unless or until it has been circulated to the rest of the Judges.17.With the notice of a meeting of the Administrative Committee, or of the Full Court, there shall ordinarily be distributed a list setting out the matters for discussion.18. Except for some special reason, the papers relating to any matter for discussion at a meeting of the Full Court shall be circulated to all the Judges before the day of meeting.19. The proceedings of all meetings of the Full Court and of the Administrative Committee shall be recorded in books to be kept for that purpose by the Registrar, and shall be at all times open to inspection, when called for by any of the Judges.

Schedule

[See Rule 11]

(1) Obtaining an official report from the Stamp Reporter under Rule 13 of Chapter V;(2) Presenting memoranda of appeals, memoranda of objections under Order XLI, Rules 22 and 26, Civil Procedure Code, in accordance with Rule 12, Chapter V, and getting the court – fee stamps attached to such memoranda cancelled by the Filing Clerk;(3) Having court – fee stamps affixed to miscellaneous applications intended to be presented to the Court or to the Registrar, or applications for copies, information or inspection cancelled by the Filing Clerk and entered in the Filing Register;(4) Transacting business connected with the deposit and withdrawal of money, etc., with the Accountant of the Court;(5) Filing applications for leave to appeal to the Supreme Court after cancellation of the court – fee stamps attached to such applications and entry in the Filing Register;(6) Filing applications for copies and folios with the Superintendent of the Copying Section, and appearing before him when required to do so;(7) Inspecting records in the Inspection Room and in the presence of the Inspection Clerk;(8) Filing applications with the Assistant Registrars (Court) and appearing before them to settle draft decrees;(9) Filing applications for information and inspection of records with the officers empowered to deal with these matters;(10) Filing miscellaneous documents not referred to above with the Court – fee Clerk for cancellation of the court – fee stamps, (if any), attached to such documents, and for distribution to the sections concerned;(11) Receiving manuscripts, receiving and filing proofs of paper – books and filing paper – books;(12) Translating documents for purposes of paper – books (only such advocates and their clerks as are referred to in Rule 37 of Chapter IX of these Rules);(12a) Translating documents in relation to Second Appeals, Second Miscellaneous Appeals, Revision Cases and References (only such Advocates and their clerks as are referred to in Rule 37 of Chapter IX of these Rules);(13) Obtaining prescribed forms from the Forms Clerk;(14) Having oaths and affirmations administered before a Commissioner of Affidavits;(15) Getting affidavits explained to declarants by translators of the court;(16) Paying Talabana and other costs.