(l) The State Government may appoint a person qualificd under Section-74 of the Act to be a Judge of a Court.
Provided that where a person already in judicial service or the State is to be appointed the High Court, shall be consulted and the appointee's consent obtained.
(2) A Judge shall receive such salary as the State Government may, after consultation with the corporation and the court front time to time, determine,
(3) A Judge shall receive deamoss and other allowunccs at such rates and subject to such conditrons as are applicable to Judicial Otlcers of the State Goverrunent of a corresponding raurk stationed at the same place. A Judge shall bc entitled to leavc and leave salary uutler leave rules which may from timc to tinrc lrc applicable to Judicial Ot]lcers of similar status and drawrng simrlar cmotumcuts.
4
(2) A Judge sfiall be entitled to traveling allowances for journcys performed on official business irr accordancc with the scale applicable to the class of officers to which in the opinion of the State Govemment such Judge belongs.
(3) A Judge shall be subject to such other conditions of service, as the State Government may, after consultation with the corporation and the High Court, determine.
(4) Notwithstanding any thing contained in Sub-rules (2) to (5) the pay, allowances and other conditions of service of a Judge, if he is a person already in the service of the Govemment shall be such as the State Government may with the approval ol the Guahati High Court, Agartala Bench by a general or a special order, from time to time.
determine.
This Rule and also Rule-10 has been made as provided in clause(a) of section-96 of the Act.
l0 Appo intment of ot o fficers and subordinatc stalf:- Tht-' Strttc' Govemment may, with the consent o f the Corporation, iippotnt such ministerial officers and other surbordinate staff as nlay bc necessarv for the exercise and performance of he powers arrd duties cont'erreci and imposed on a Court by or under the Act.
2. The ministerial officers and subordinate statT ol il c:ottrt shall exercise such powers and discharge such cltrtics lts the itrdge or il
(5) Where the State Government confers the powers of a Court on the Presiding Officer of a civil or criminal cout1, the Presiding Officer may be paid such additional allowance as the State Govelrlment may after consultation with the Corporation, determine.
(6) Qualifications for being appointed as Presiding Officer of ESI Court from persons out side the State Judicial Service shall be as may be specified by the State Government by notification in offrcial Gazette.
NOTES.
l l.Administrative control of the lligh Court:- A court shall be subiect to the Administrative control and superintendcnce of the High Coun. anci shall -
(a) Keep such registers, books and accounts as the High Court ma1 from time to time, Prescribe' and
(b) compiy with such requisitron as may bc made b1' the Higi Court or the State Government for submission o[ sen tce records, returns 'and statements. in suCh forms and in su;h manner as the authority making the requisition dirc'cts.
5 lltcrc rrre morc .juclgcs thalt ottc. thc scrrior .iudgc. may sublecl Ut an',r ordcr ol'the Statc Gover"ltmettt" liorn timc t0 timc. <lircct,
3. Thc nrinistcrial of'{lccrs anrl suborclinatc :;taff of a coufi slrall be subjcct to such copditions of scrvice an<l draw such salaries and other enroluments and receive such bencfits as may be fixed b;* the State Govenrttteltt after consultation rvith the Iligh Court' ADM STRA'I'I CONTITOI, AND C.OL,I( SEAL.
I2.Seal:- A Court shall kcep a seal of such size. dimcnsiOn and dt'sign ;.ts thc State Govcrnment may direct.
CI-IAPTEIT-II.
PROCIDU I{E AND lrX[('1.I'l'lON () II ORI)ERS l3.npplication:- ( l) Ilvcry proccc-ding unclcr Scction-7.i shttll trc' institutcd br lht' prcscntation ol'an upplicttitlrl to tlrc cottrt.
(2) livcry such appliclliorr shall bc vcrilir,'tl in lltc'S:,Illlr.'tllrtttttcr.ls a pleadirrg in a civil cotrrl nul slurll tre ltcc()nlpurlrcd hr trro co;:ies lhcretll.
(3) An applicltiolt turtlcr Sre tiorr-77 slurll tru [)r\'sr'ntc(l trt tirtrtt-1.
shall be rltrly stlrtrglutl rn irceultllrrrce rvith thesc liulcs. .urrl slurll coltlittn lltu lilllorr rttp'. pttrtictrlitt's.-
(i) llrc rriurru tll llrr: e ttrrrt itr rr ltre lt tlrt .rppltcuttr)tl ls llrorrglrt.
6 ( ii) (iii ) the full name including the father's name, description includin E a1e, occupation and place of residence of the applicant;
the full name including the father's name, description includingage, occupation and place of residence of the opposite par$ so far as they can be ascertained;
where the applicant or the opposite parfy is a minor or a person of unsound mind, a statement to that effect and the full name, age, occupation and address of his or her next lriend or guardian;
the fact constiruting the cause of action and the date when, it arose;
the fact showing that the court has jurisdiction;
particulars giving the address within the jurisdicrion of the court at which notice or surrunons may be served on the applicant; and the relief which the applicant claims.
(iv)
(v)
(vi)
(vii)
(viii)
4. The court may summarily reject an application, if it is not in accordance with sub-rule (3).
NOTES.
Rules-13 to 38 have been made as provided in clause(b) ot' Section-96 of the Act.