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Section 9: Appointment, salaries, ,allowances etc

Insurance Act, 1948Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 34 of 1948

(1) The Goveriunlint may appoint It person qualified under section 74 of the Act to ooa Judge of a Court.

SERIES I No. 31 the Corporation and central Government, from time to time, determine.

~3) A Judge shall receive dearness allowance, com­ pensatory (city) allowance, house-rent and other allowances, at such rates and subject to such condi­ tions as are applicable to officers of the Government of a corresponding rank stationed at the same plaCE).

A 'Judge shall be entitled to leave .and leave salary under the leave rules which may from time to time be applicable to other Government servants of similar status and drawing similar emoluments.

(4) A Judge shall be entitled to travellingaUowc ance for journeys performed on official business in . a~Cordance with the scale applicable to the class of officers to which in the opinion of the Government such Judge belongs.,

(5) A Judge shall be subject to such other condi­ tions of service, 'as the Government may in consulta­ tion with the Corporation and the central Govern­ ment determine."

(6) Notwithstanding anything contained in sub­ -rules (2) to (5) the pay, allowances and other con­ ditions of service of a judge, if he is a person already in the service of the Government, shall be such as the StaJte Government may in consultation with the Cor­ pora:tIon and central. Government, by a general or speCial order, from tIme to time, determine.

(!) Where the Government has appointed any such OffIcer refened to in Rule 4, as a PresIding Offil:er of the Court, he may be paid such additional allow­ ance as the Government may, after consultation with the Central Government and the Corporation determine. . '

10. Appointment of other officers and subordinate staff . .,-.(l) The Government may, with the consent of the Corporation, appoint such ministerial officers and other subordinate staff as may be necessary for the. exerciSe and performance of the powers and dutIes conferred and imposed on a Court by or under the Act.

(2)The ministerial officers and the subordinate staff of a Court shall exercise such powers and dis­ charge such duties as the Judge, or if there are more Judges than one, the senior Judge, may, subject to any order of 'the Government, from time to time, direct.

. (3) The ministerial officers, and subordinate staff of a Court shall be subject to such 'conditions of &er­ vice and draw such salaries and other emoluments and receive such benefits as maybe fixed by the Government after consultation with the Central Go­ vernment and the Corporation.

Administrative Control and Court Seel

11. Administrative control of the HighCOnrl. ~:A Court shall be subject to the Administrative control and superintendence of the Judicial'Commissioner's Court/High CoU1.i;, and .shall_

(a) keep such 'r'egi~ter~,books and accounts as the Judicial Commissioner's Court/High Court may, from time to time, pre!ICribE);' and

(2) A Judge.shall receive such salary and allow­ ances as the Government may in consultation with , .,! . . ' .

(b) comply with such, requisitions as may be made by the Judicial Commissioner's Court/High Court or .the Government for subnfission of: service records. returns and statements. in such forins and - " ,28TH OCTOBER, 1976 (KARTIKA 6, 1898) .in such manner as the authority making the requi­ ,sition directs.

1,2. SeaI. - A Court shall keep a seal of such size, .dimensionS' and design as the Government may ,direct.

CHAPTER m Procedure and 'Execution of Orders

13. Application. ~ (1) Every proceeding under ,section 75 shall be instituted by the presentation of ,an application to the Court.

(2) Every such application shall be verified in the :same manner as a pleading 'in a Civil Court and shall 'be accompanied by two copies thereof. ' , (3) An application under section 77 shall be' pre~ ,sented in Form I shall be duly stamped in accor­ ,dance with these rules, and shall contain the fOllow­ jng particulars:-

(i) the name of the Court in which the appli­ , cation is brought;

(H) the full name including the father's name, description including age, occupation and place of residence of the applicant;

(iii) the full name including the father's name,description including age, occupation and place of residence of the opposite party so far as they can be ascertained;

(iv) where the applicant or the opposite party is a minor or a person of unsound mind a state­ ment to that effect and the full name, age, occu­ pation and address of his or her next friend or guardian;

(v) the facts constituting the cause of action and the date when it arose;

(vi) the facts showing' that the court has jurisdiction;

(Vii) particulars giving the address within the jurisdiction of the Court at which notice or summons may be serVed on the applicant; and

(viii) the relief which the applicant clanns.

(4) The Court may summarily reject an applica­ -tion if it is not in accordance with sub-rule (3).

Where this provision sits

ActInsurance Act, 1948
Section9
Marginal noteAppointment, salaries, ,allowances etc
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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