HIGH COURT OF HIMACHAL PRADESH, SHIMLA No.HHC/Rules/22 (24) 83-II- Dated 24 August, 2015 NOTIFICATION In exercise of the powers conferred by Section 139(b) of Code of Civil Procedure, 1908 read with Section 29 of the Himachal Pradesh Courts Act, 1976 and Section 297 of Code of Criminal Procedure the High Court of Himachal Pradesh makes the following amendments in the Himachal Pradesh Oath Commissioners (Appointment & Control) Rules, 2007:- Short Title 1. | These Rules shall be called, “The Himachal Pradesh Oath Commissioners (Appointment & Control) (4 Amendment- 2015) Rules,2007”. Commencement 2 These Rules ‘shall come into force with immediate effect. Amendment 3 |After definition clause s(a)F shall be inserted as follows:- Tribunal”, Commission, Shimla”. AS a consequence of insertion of \ deleted. After definition clause 3(c) in Se) (G1) shall be inserted and as following clauses 3({b) (i) and 3 (5) (3) 3(b) (i) “Administrative Tribunal” means “The Himachal Pradesh Administrative 3(b) (ii) “Consumer Commission” means “The H.P. State Consumer Disputes Redressal Clause 3(b}) (ii), the definition clause 3(d) (i)»in the Original Rules shall stand Original Rules, the following clause consequence thereof, definition clause d(ii) in the Original Rules shall stand deleted.
(c) (i) “Consumer Forum” means, “District Consumer Disputes Redressal Forum, Shimla or other Consumer Disputes Redressal Fora in the State of H.P.” In the original Rule 3(d) the words “Registrar (Inspection)” occurring in 3*¢ line shall stand deleted and substituted by the words “Registrar (Judicial) ,Registrar (Administration) ” before the words of “The High Court of Himachal Pradesh” and immediately after the words “the High Court of Himachal Pradesh” the words “the Registrar, Administrative Tribunal” shall be added. After amendment this definition clause 3({d) shall read as under:- 3(d) Registrar means and includes the Registrar General, Registrar (Rules), Registrar (Vigilance) ,Registrar (Judicial), Registrar (Administration) of the High Court of Himachal Pradesh, Registrar, Administrative Tribunal and the Registrar, Consumer Disputes Redressal Commission, Shimla. Strength of In Original Rule-4 “regarding strength of | Oath Commissioners at each place”, after words, “The High Court” occurring in the second line and before words, “Consumer Disputes Redressal Commission”, the words “Administrative Tribunal” shall be inserted. After amendment this Rule shall read as under: The number of Oath Commissioners for the High Court, Administrative Tribunal, Consumer Disputes. Redressal Commission, District Consumer Fora in HP as well as at each District, Sub Divisional and Tehsil/Sub Tehsil Headquarters shall be determined by the High Court from time to time. Oath Commissioners at each place. Mode of Appointment In Original Rule-5 clauses(ii) to (v) shail stand deleted and substituted as under:- “Clause-(ii)’ when a vacancy of Oath Commissioner is likely to occur in the Administrative Tribunal/Consumer Commission/District Consumer Forum, the Registrar (s)/President(s), shall invite applications at least 45 days before the expiry of the term of the serving Oath Commissioner (Ss) Or FAG) up the vacancy from amongst the Advocates practicing in tne Administrative Tribunal /Consumer Commission/Consumer Forum on the prescribed form annexed as Appendix-A to these Rules. ‘Clause-(iii)’, when a vacancy of Oath Commissioner is likely to occur within his jurisdiction, the District. and Sessions Judge shall invite applications in respect of the Sessions Division, Headquar*er direct, wnile in case of a place other than the Sessions Division Headquarter through the Civil Judge (Senior Division) /Civil Judge (Junior Division) of the area concerned atleast 45 days ‘prior to the expiry of the term(s) of serving Oath Commissioner (Ss) for filling the vacancy from amongst the hoeaeécates tof athe .-lecal Bar in the prescribed ,form annexed as Appendix-A to these Rules. ~Clause-(iv)’, the District and Sessions Judge, the Registrars) Administrative Tribunal/Consumer Commission/President (s),Consumer Forum in Hp?” shall scrutinize the applications recéived from desirous candidates and in case an application is found to be not in order, the same shall be returned to the applicant with objections in writing and such applicant may file the application afresh, if he so desires, within the time Tto-°Be specified by the District and Sessions Judge or Registrar (s) Administrative Tribunal/Consumer Commission/ President(s) Consumer Forum while returning the application. ‘CYaise-(v), in case the application(s) are found in order or are so found after _removal of objections within eae stipulated period, the District and Sessions Judge, the Registrar, Administrative Tribunal/Consumer Commission/ the President, Consumer Forum, as the case may be shall forward the applications to the Regiztrar General of the High Court at least ten days prior to the expiry of the term of the Oath Commissioner(s))«: alongwith ~ ~~ his recommendations, sie any, with the following information electing to the | t applicant: >
(a) Standing at the Bar;
(fh) Whether lady/Schedule Caste/ Schedule Tribe/OBC/ Physically handicapped; :
(c) Reputation of the applicant, with regard to his integrity and honesty;
(d) Whether he has acted previously as Oath Commissioner, if so, the period thereof?
(e) Whether he indulges in any _tmalpractice 1ike touting Stc.? (£) General behavior with public. Periodicil Inspection of the Registers maintained by Oath Commiss ioner 10 [In Rule-10 “regarding periodical inspection of the registers maintained by Qath Commissioner”, the “clauses .10(i) and 10(ii)’ stand deleted and substituted as under:- *«lause-10(i)’ inspection of registers of Oz.th Commissioner (s) at the High Court /Administrative Tribunal/Consumer Commission shall be conducted quarterly by the Registrar or his nominee and at the Consumer Forum by its President and the: report shall be placed before Hon’ble the: Chief Justice for perusal and orders. \Cliause10(ii)’ . The inspection of the Reg:.sters of the Oath Commissioners shall be conducted © quarterly at the heaclquarters of the District and Sessions Divi.sions by the Civil Judge (Sr- Divj.sion) and at the Sub-Divisional hea:iquarters by the Civil Judge and if there are more than one Civil Judges, thar: by the Senior most Civil Judge. A copy’ cof the inspection note shall be sent to ‘the respective District and Sessions Judge oy the Inspecting Officer by the 10 >of the month and the consolidated sta’cement. of the Division shall be sent by the D:.strict and Sessions Judge to the Resgistrac General of the High Court by the 15 of the month following the month of the inspection. Consignmer:t 12 | | In original Rule 12 (i) after the words “Registrar General of the High Court” and before eine words “Registrar, State Consumer Disputes Redressal Commission”, -5- The words, “Registrar, Administrative Tribunal, shall be inserted. 7 After amendment this clause 12(i) shall read as under: — “When the terms of the appointment of an Oath Commissioner expires and he is not appointed for any other term he/she shall deposit the register of affidavit with the Registrar General of the High Court, Registrar, Administrative Tribunal, Registrar, State consumer Dispute Redressal Commission, President Consumer Dispute Redressal Forum,District and Sessions Judge or Senior most Civil Judge in the Sub-divisional headquarter (where he was appointed as Oath Commissioner) BY ORDER OF THE HON'BLE THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA (VIRENDER SHARMA) REGISTRAR(RULES) aatus- 66 . Endst. No. HHC/Rules/22(24)83-I- Dated 24.08.2015 ah Ba Copy forwarded for information to :-
1. ‘The Registrar, Hon'ble Supreme Court of India , New Delhi. 2 The Deputy Registrar-—cum-Special Private Secretaryto Hon'ble the Chief Justice, High Court of Himachal Pradesh, Shimla.
3. The Principal Secretary (Home) to the Govt. of Himachal Pradesh, Shimla-2.
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18. 19, age The LR-cum- Principal Secretary (Law) to the Government of Himachal Pradesh, Shimla-2. The President, State Consumer Commission, Shimla-9 The Presidents, District Consumer Fora, Shimla, Mandi and Dharamshala. All the District and Sessions Judges, in Himachal Pradesh with a request to. circulate the copy of this notification amongst the Judicial Officers under their control as well as to the Presidents/District Bar Associations and Sub Divisional Bar Associations. The Director, Deputy Director/Joint Director, H.P Judicial Academy, Corzon House, Boileauganj, Shimla-5 The Presiding Officers, Labour Court-cum-Industrial Tribunal, Shimla and Kangra at Dharamshala. The Member Secretary/Administrative Officer, HP State Legal Aid Services Authority, Shimla-09. The Legal Advisor to Hon'ble Lokayukta, Shimla, H.P. The Advocate General, High Court of H.P. Shimla. The Registrar, HP Administrative Tribunal, Shimla-2, w.r.t. his letter dated 19.05.2015. The Accountant General(Audit), H.P. Shimla-3 All the Additional Registrars High Court of Himachal Pradesh, Shimla. The President, HP High Court Bar Association Shimla. The Secretary/Private Secretary/PAs to the Registrar General, Registrar(Vigilance)/ Registrar(Rules) / Registrar(Judicial) / Registrar Admn.) Registrar (Establishment) and Central Project Coordinator High Court of Himachal Pradesh. All the Deputy Registrars/Assistant Registrars/Court Masters/Secretaries/Section Officers/Marriage Counselor/ /PRO/Protocol Officer /Private Secretaries / Chief Librarian High Court of H.P. Shimla. The President/General Secretary, HP High Court Non-Gazetted ployees Association, Shimla. The Technical Director, NIC, High Court of Himachal Pradesh, Zl.
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7. The Section Officer (Computer) for information and uploading the notification in the High Court website as well as on the egazette. Guard File. Vitor Siro rar” Registrar(Rules) a paaee