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High Court of Jharkhand Rules, 2001

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High Court of Jharkhand Rules, 2001 HIGH COURT OF JHARKHAND RULES, 2001 In exercise of the powers conferred by Section 29 of The Bihar Reorganisation Act, 2000 (Act XXX of 2000), and all other powers enabling it in this behalf, the High Court of Jharkhand hereby makes the following rules, namely : PART I GENERAL CHAPTER I INTERPRETATION, ETC. 1. (1) These rules may be called as High Court of Jharkhand Rules, 2001. (2) These shall come into force on such date**Came into force w.e.f. 6th June, 2001 vide High Court Notification, dated 10.5.2001, as the Chief Justice may, by Notification in the official Gazette, appoint : Provided, however, different dates may be appointed for enforcement of different rules. 2. (1) In these rules, unless the context otherwise requires— (a) ‘advocate’ means a person whose name is entered on the roll of Advocates prepared and maintained by a State Bar Council under the Advocates Act, 1961 (25 of 1961); and includes Senior Advocate and Advocate on record. (b) ‘advocate on record’ means an advocate who is entitled under these rules to act as well as plead for a party in the Court; (c) ‘appointed day’ means the date on which these rules shall come into force; (d) ‘Chief Justice’ means the Chief Justice of HIGH COURT OF JHARKHAND and includes a Judge appointed under Article 223 of the Constitution to perform the duties of the Chief Justice; (e) ‘Code’ means the Code of Civil Procedure, 1908 (5 of 1908); (f) ‘Constitution’ means the Constitution of India; (g) ‘Court’ and ‘this Court’ means the HIGH COURT OF JHARKHAND; (h) ‘Court appealed from’ includes a Tribunal or any other judicial body from which an appeal is preferred to this Court; (i) ‘Judge’ means a Judge of the High Court of Jharkhand; (j) ‘Judgment’ includes decree, order, sentence or determination by any Court, Tribunal, or any other Authority having jurisdiction to decide a matter; (k) ‘Judicial Officer’ means an Officer belonging to the Judicial Service of either type; (l) ‘prescribed’ means prescribed by or under these Rules; (m) ‘Registrar’ includes the Registrar General and vice- versa; (n) ‘Registry’ means the Registry of the High Court of Jharkhand; (o) ‘respondent’ includes an intervenor; (p) ‘the Rules’ and ‘Rules of Court’ mean these Rules and include the forms appended to these Rules; (q) ‘Senior advocate’ means an advocate so designated under sub-section (2) of Section 16 of the Advocates Act, 1961 (25 of 1961); (r) ‘State’ means the State of Jharkhand; (2) Terms words or expressions not defined herein shall have the meaning assigned to them in Acts or Rules from which they draw their origin. 3. The General Clauses Act, 1897 (10 of 1897), shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Legislature. 4. Where by these rules or by any order of the Court any step is required to be taken in connection with any cause, appeal, or a matter before the Court, that step shall, unless the context otherwise requires, be taken in the Registry. 5. Where any particular number of days is prescribed by these Rules, or is fixed by an order of the Court, in computing the same, the day from which the said period is to be reckoned shall be excluded and, if the last day expires on a day when the Court is closed, that day and any succeeding day on which Court remains closed shall also be excluded. CHAPTER II RULES FOR THE DISPOSAL OF NON-JUDICIAL BUSINESS **Rules 6, 7 and 8 came into force w.e.f. 20.2.2003, vide Notifi. No. 02 Acctts, dated 19.2.2003. 6. There may be a Standing Committee comprising of— (a) the Chief Justice (b) two Judges to be nominated by the Chief Justice who shall ordinarily be the senior-most Judges of the Court. (c) two other Judges, to be nominated by the Chief Justice, on rotation for such period as the Chief Justice decides, one of them being a Judge elevated from out of the Superior Judicial Service. 17. The Standing Committee shall be charged with the control and direction of the Subordinate Courts, so far as such control and direction are exercisable otherwise than judicially. 18. The Standing Committee shall have power, without reference to the Judges generally— (1) (i) to dispose of all correspondence within its own Department urgent in its nature and not of general importance; (ii) to make recommendations for promotion of Munsifs to the rank of Subordinate Judges, Subordinate Judges to the rank of Additional District and Sessions Judges, and Additional District and Sessions Judge to the rank of District and Sessions Judges, and their initial posting on promotion or appointment; (iii) (a) to exercise the power exercisable by the Court under the Code of Criminal Procedure, 1973; or (b) to make recommendations to the Government for the vesting of special powers under any special Act; (iv) to pass orders of transfers of Judicial Officers; (v) To make recommendations for the deputation of Judicial Officers to posts under the Government of India, Government of Jharkhand or other State Government or to any Foreign Service; (vi) to pass orders of suspension, initiation of departmental proceedings against Judicial Officers, and consequential orders in the said proceedings other than that of dismissal from service; (vii) to issue Circulars, Orders and General Letters to the Subordinate Courts; (viii) to dispose of any matter which might have been dealt with by the Judge-in-charge of the Administrative Department, but which he has referred to the Committee for its opinion; (ix) to make recommendation to the State Government for compulsory retirement of any Judicial Officer; (x) to dispose of any matter referred to it by the Full Court; (xi) to pass orders on matters arising out of the revision of all periodical returns and statements furnished by subordinate Civil and Criminal Courts; (xii) to pass orders on representations relating to annual confidential remarks, as are referred to it; (xiii) to pass orders on recommendation to the Government on the applications of the Judicial Officers for various types of advances and loan; (xiv) to pass orders on permission for acquisition of property movable or immovable; (xv) to pass orders on departmental appeals by the class III and IV employees of the Civil Courts. (2) If the Standing Committee so decides, or if there is no Standing Committee, powers mentioned in clauses (i), (iii), (vii), (x), (xi), (xii), (xiii), (xiv) and (xv) shall be exercisable by the Chief Justice. (3) The Standing Committee may refer any matter for decision to the Full Court. 9. A Sub-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. 10. Such a Committee shall have power, without reference to the Judges generally, to enter upon and conduct any correspondence which the mem- bers may consider desirable in order to enable them to prepare their report. 11. Bills of Parliament and of the State Legislature 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 Sub-Committees appointed under Rule 9 consisting of not less than three members. 12. It shall be the duty of the Registrar General to submit all papers relating to any matter to the Committee, if any, appointed to deal with it. 13. In all cases in which the Standing Committee has acted under Rule 8 or a Sub-Committee under Rule 9, the correspondence shall be laid on the table for the information of the Full Court, and a notice shall be circulated fortnightly to all the Judges of the matters which have, during the past fortnight been laid before such Committees, showing whether they have been disposed of, and, if so, in what manner. 14. (i) It shall be competent for any Judge to require that any matter within the cognizance of any Committee shall be referred to the Full Court. (ii) In respect of any other matter within the cognizance of the Court, a Judge may request for holding of a Full Court meeting. When such a request is made, the opinion of the other members of the Full Court should be ascertained, and in case, the majority of the Judges are of the opinion that for consideration of the matter suggested a meeting of the Full Court be convened, such meeting shall be called ordinarily within two weeks. 15. (1) On the following matters decision shall be taken by the Judges at a meeting of the Full Court :— (i) All appointments which by law are to be made by the High Court and which are not otherwise expressly provided for by the rules in this Chapter; (ii) All recommendations for the dismissal from office of Judicial Officers; (iii) Proposals for designating Advocates as Senior Advocates under Section 16(2) of the Advocates Act, 1961; (iv) Matters relating to the service conditions, facilities and amenities of the Judges of the Court; (v) Constitution of Rule Committee under Section 123 of the Code and nominating Members of the Rule Committee; (vi) Consideration of matters relating to the Chief Justices’ Conference; (vii) High Court Calendar. (2) The following matters on which Judges have to be consulted, may be disposed of by circulation of files : (i) Proposed changes in the law where the proposal emanates from the Government or, in other cases, where a Committee or any Judge of the Court considers that action is called for.
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