Sections | Particulars |
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Part X | Rules |
123 | Constitution of Rule Committees in certain States |
Description | (1) A Committee, to be called the Rule Committee, shall be constituted at {Subs. by Act 13 of l909, s.2 and Sch., for "each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon ".} [the town which is the usual place of sitting of each of the High Courts {The words "and of the Chief Court" rep.by Act 11 of 1923, s.3 and Sch.II.These words were again ins.by Act 32 of 1925 and subsequently rep.by the A.O.1948.} referred to in section 122]. (2) Each such Committee shall consist of the following persons, namely:- (a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or {The words "(in Burma)" rep.by Act 11 of 1923, s.3 and Sch.II.} a Divisional Judge for three years, {Subs. by Act 2 of 1951, s.16.for the original clauses (b) and (c).} [(b) two legal practitioners enrolled in that Court.] {Clauses (d) and (e) were relettered as (c) and (d) respectively, ibid} [(c)] a Judge of a Civil Court subordinate to the High and Court, {Clauses (d) and (e) were relettered as (c) and (d) respectively, ibid} [(d)] in the towns of Calcutta, Madras and Bombay, an attorney (3) The members of each such Committee shall be appointed by the Chief Justice or Chief Judge, who shall also nominate one of their number to be President: Provided that, if the Chief Justice or Chief Judge elects to be himself a member of a Committee, the number of other Judges appointed to be members shall be two, and the Chief Justice or Chief Judge shall be the President of the Committee (4) Each member of any such Committee shall hold office for such period as may be prescribed by the Chief Justice or Chief Judge in this behalf; and whenever any member retires, resigns, dies or ceases to reside in the State in which the Committee was constituted, or becomes incapable of acting as a member of the Committee, the said Chief Justice or Chief Judge may appoint another person to be a member in his stead. (5) There shall be a Secretary to each such Committee, who shall be appointed by the Chief Justice or Chief Judge and shall receive such remuneration as may be provided in this behalf {Subs. by the A.O.1937 for "by the G.G.in C.or by the L.G., as the case may he ".} [by the State Government]. |
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