Document — The Himachal Pradesh Courts Act, 1976

HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001 No. HHC(RaP)/Rules/2/93 Dated:Shimia 4th July.1997 NOTIFICATION In exercise af the powers conferred by }) of the Himachal Pradesh Courts Act, No.XXIIE of 1976), read with Article 235 Constitution of India, the Hon’ble the Chief Justice and Judges of the High Court of Himachal Pradesh are to make the following rules, relating to the appointment promotion and conditi of service of Class-III and IV officials of the Subordinate Courts (other than the Superintendents of the District and Sessions Judges) in Himachal Pradesh: 8 18 PART-I GENERAL These Rules may be called the Himachal bardinate Courts’ Staff (Recruitment, and Conditions of Service) Rules, 1997. Ch) These shall come into force from the date of their publication in the Himachal Pradash Rajpatra. 2. in these Rules, unless there is anyth repugnant in the subject or context: means the District (23 thority” means the Hon’ble jce or such other Hon*ble Judge of the High Court of Himachal Pradesh as may be nominated by the Hon’ble Chief Just (3) "Chief Justice” means the Chief Justice of the High Court of Himachal Pradesh. \ (4) al strength of posts : ate unit as shown in & these rules. (5) Sessions Judge of a Di: an Section 2(b) of Himachal Pradesh Courts Act; 1976. “"Govermment" means the Govermmer Himachal Pradesh. “Hich Cou Himachal means the High means castes/ comms such by the State Govermmen- o time. “Post means any post. described cn Schedule-T. “Promotion means promotion to a post cr class of sosts hased on seniority subisct to rejection of unfit. “Recomissd University/Board" means . Board which is recognised “Schedul Castes" means the castes races ibes or parts of aroups with castes. races or tribes specified in the Constitution (Schedule Castes} 1980, as amended by Section 15/1) re with the First Schedule of the Stat Himachal desh, Act. 1970 {Act 53 L970) 2 S it may further he amende time to time. “Sched Tribes" means the trihes tribal cummmities or parts of or armams within tribes or tribal commen Ss i i the Constitution {Scheduijed ceder. 1950. as amended Section 20{1)} read with the thirc Schedule of the State of Himechai Slication. 3 “Pradesh Act. 1970 (53 of 1970) and as it may be further amended from time to tim. (15) "Schedule" means the Schedules attached to these ries. 416) "Selection" mea class of pasts merit. with due r promotion fo a post ar hy selection hased on ard ta seniority. C1?Y “Service” means sarvice in Class #11 a Class. IV pasts in the courts suhordinate to the High Court. 3. These Rules shall apply to all the employees of the subordinate courts in Himachal Pradesh except the Suserintendents of the Courts f District ms Judges .. PART-IT 4. (1) The establishment of the subordinate Courts shall consist of the posts specified in Schedule-I. of these rules carrying such pay scales as may be notified by the State Government fron time to time. (2) post is -sane carrying manner to the ca modify the Sched: x State Govermme responsibilities af | post. the High Court te T ta these mies accor ie Be far aponintment to any past om the establishment of the Snuberdinate Courts 6. Nao person shi be eligihle for appoint- ment to a past in a Subordinate Court: (a) who has entered into or contracted a marriage with a Derson having a spouse living: or 4 ssthed of recruitment. iby ho having a entered into or age with any pe law applicable to such persan and the vy fo the marriage and there are for sa doina. exempt any person trom the oberaetion af this mila. other fie Recruitment to a post or class of be made by o or more of the foll methods, namely: , Fi BY promotion/selection amongst the members of the service. as provided in Schedule II to these rules. recruitment on the fa competiti examina- as may be prescribed by the ing Authority. — For the purpose ot promoti appointment constitute a se comm thes of dix al Officers compristna a minimum numhe members posted trick and committee shall make recommendatio: tor purpose of such ment/selection. inter-district transf her courts in the State. o 2 OF Ee ck ig Gg inclu- & Aueuslesl vile nohificahou dh 2-4-2002 (6% Auendireub) , Provided that. such only by the guidelines to be presc- by the Hon'ble Chief ce from time to time. For direct recruitment. in addition to x £ the vacancies to District/Sub Divisional Bmp | ovment exchange(s) 2 within the local iimits of the appointing autho- rity. such authority may invite applications from - the ible 2 posted in other courts oF the State and/or from the « open market by notifying the vacancies m the not Roar The courts within the juris- diction of the Appointing Authority. 8. To secure hetter representa’ Scheduled Castes, Scheduled Tribes and Backward Classes. the reservation of pos filled up by direct recruitment shali be £ Castes. 7-1/2 % for the Scheduled Tribes and 10% ror other Backward Classes as notified by the High Court from time to time. ~« For this purpose. a Roster shali be y Q 5 ed by the appointing authority. . Note-1 1 Selection to Ex-sery @inst such posts edu) e-Tl. Bote-2. Backward for such XM ER acllesl wale veh pieabou'alt- DB 9 2eor CG* Avseeic) wert Qualifications. “hoc appointmen tions fer rec shalt cond Schedule. Py that Hon'ble the or special order. accordance with these Laila 6 abe person appointed to a probation for a period Provided that the veriod may in the o any person. he reduced or dispensed with Appnintina Authority for reasons ta | ayced From service without Provided that if he holds any anent © other service he on probation. post. shali Oaaaes of probati et to his permanent Giving due notice. 25 fa) Where it is necess post and undue or s expected in appoi Auth ¥ _appoint/pr omote any siitahia versa on ad-hoc a farm net exceadina er until Tent to the pa: me 4 confirmation. above. heldina the post nor shall he/she he entitled claim such past hy reason only of his/her ad- ho appointment to that post. (ce) If such a person is subsequently appointed to that post accordance with these rules. the peried of his/her probation shall commence against that post from the date of such subsequent appointment. 13). A person appointed on probation may be confirmed by the appointing Authority on satisfactory completion of his/her initial or extended period of probation. However. the confirmation of such person shall be subject to the availabiiity of permanent posts. : 4. (3) Persons appointed in a substantive officiating capacity in a cadre in the civil and Sessio Division on the date immediately preceding the date which these rules came into force, shall retain the relative seniority already assicmed to them. to srovision of sub-rujes{1) and (3) mranent memhers in each cadre shall rank senior to persons who are officiating in that. cadre. {3) The seniority of the direct recriits shall b= termined by the order of merit in which they are selected for intment and versons appointed as a result of an earlier selection shall be senior to those abpointed as a result of subsequent selection. {4) The relative seniority-cummerit to the various posts shall be determined on the basis of their length service in the feeder cadre. 5) Where the promotions are made on the basis of nee on merit only. the seniority of such promotees be in the order of merit determined by the Appoint- ia Authority. ta y oD ai No person shali be eligible for direct recruitment to the service if he is below 18 vears of age as on the first day of January of the recruitment year and not more than 35 vears of age on that date. Hower in the case of candidetes helonging ta Schedule Caste. Auccded vole whflcahon alt. 3.9. 18 (Js) Aueucuen!) Anerleo! yyole ooh preahoy OM. 23-6: des/ Luh Ourercolusi}) Schedule Tribe. Backward Classes or who is an Ex-service- men. upper age limit shall be the same as may. fram time to time. he prescribed hy the State Government for entry into service fer such 1§. In respect of all such matters regarding the conditions of serv of the members of the service for which no provision or insufficient provision has been made in these . the rules ag@ orders for the time being in force and are applicable to officials/servants holding corresponding posts in the High Couyt of Himachal Pradesh shall requi = conditions of service of the members of the serv inject to such modifications. variations or ions. if any. in the said miles and orders. as the} rt omay. from time fo time, a specify. Transfer Vy. The Ai arity may transfer a member ot the service within th 7} and Sessions Divisian carry- nd grades af pay in the pub’ ing corresponding scaal interest. PART TIT AND DISCIPLINE. 18. All the members of the service shal] be governed by the rules contained in the Central Services (Classi- fications. Control an Rules. 1965 and other rules and provisions of law. as amended from time to time. as far as practicable in respect of suspensidn. discipline and punishment. enbpeal ig. {a) An appeal against the order of the Appointing Authority shall lie to the Chief Justice and the order passed by the appellate authority shall be final. (b) The periad af I-mitation for filing an appeal against the ordar of the Ap: ointing Authority shall he 30 days from the date on which the order appealed against is served pon the sroloy avided that.. the delay my he condoned hy the Hor ter TST {c) A person F shall do so hy a pat proper channel. that and Sessions Judge wi te the Hon'ble the Ch TG an appeal wmder this mii on which shall he filed thri through the respective District an advance copy to the Secretary Justice. The District & Sessions 2. wo udce shall forward to the High Cou alongwith his/her ments within 15 days of the filing of such petition. court official shal: integrity and devotion to w mduct . 20. {1) Every maintain absolute = official shall iine and goed order (3) Phe piles and Orders for the tir being in force and applicable to afficials holding carrespondir post in the Government of Himachal Pradesh ae reaard conduct shall ly. mutatis mutandis. t i subject. however to the modification. if anv. mace hy Court. PART-V. erpretation. 21. Ali questions relating to the interSretetion of these rules shall he referred to the Chief Justice whos= decision thereon shal] be final. Tt any difficulty arises is giving effect to any the provisions of these rules. the Chief Justice may by order in writing. direct what appears tc hix necessary for the pursose of removing the difficulty Pemovai of = culties. The Hon'ble the Chief Justice, on being satisfied > that the operation si any Rule is causing undue hardshin rticular case. may relax the requirement of that and subeict to he may consider necessary for dealing with the case in a i and equitable manner. (A) The rules contained in Chapter 18-A. t Rules a contro] of the officials of the courts sithard = High sDealed. made and arto af any. “the yeneal ed rules prior ta the coming inta 2 af the presen shall be deemed have heen er action take these rules. AVY 10 Provided that any reference in any order to the provisions of the repealed rules shall, unless a different intention appears from the context, be construed as a reference te the corresponding provisions of these rules: Provided further that the repeal of the aforesaid rules shall not except as expressly provided in these rules:—- (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any jon given und the rules so repealed or done or suffered thereunder; or & (ce) affect any right, privilege, obligaticn * - or liability acquired, accrued or incurred “under the Rules earlier in existence. (d) affect investigation, al proceeding or remedy in of any such r it, privilege, obligation or aforesaid. By order of Haon’ble the Chief Justice and Judges. (M.R. VERMA) REGISTRAR HIGH COURT OF HIMACHAL PRADESH =rwep. No. HHC(R&P) Rules//2/93- Dated: forwarded ta:- The Chief Secretary to the Govt. of H.P., Shimla-2 for information. the District/Addl.District and § jons Judges in Himachal Pradesh for information and necessary action. All the Senior Sub Judges-cum-Chief Judicial Magistrates and Sub- Jucges-cum-Judicial Magistrates in H.P. for information. the Special Private Sacrerary ta Hon'ble the Chief Jus’ The Secretaries ta Hon'ble Judges of ‘this High Court. All the Add] .Registrars/Deputy Reqistrars/Assistant RK Court Secretaries/Pv Sec Ves /Readers/Sipe: 4 Librarian of this Regist The Superir with 5 spar rendent (Adam 3: cepieas aach The Gant } for publicat He is also remiest publicari Guard file. x SCHEDULE-1 SANCTIONED STRENGTH OF THE FMPLOVEES = OF THE SUBORDINATE, IRTS . Superintendents Gr.it Cless-Ili 2000-3500 7S 2 Personal Asstt. -do- -do- iL 3: Readers ~do- 1800-3200 67 4. Stenographers =do- -do- 13 5. Record-Keerer =do= -do- g é Enalish Clerk -do- —do- 8 7 ~do- -do- 20 2 -da- -da- 16 Assistant -da- ~da- 5 Junior S Steno -da- 4700-7160 12 graphes fee ~do- at =a0= Y -do- -do- < -ds- -do- 64 Copvist =do- 74 ie Court ™ =do- 4 q Guardian Clerk -do- -do- a 28 Auousled vile whypcahou al 2-9. pes (6M dueuuenl)

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