Constitution of Rules Committees in certain States

 

Code of Civil Procedure Section

 

123. Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule Committee, shall be constituted at ¹[the town which is the usual place of sitting of each of the High Courts ²*** 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 ³*** a Divisional Judge for three years,

⁴[(b) two legal practitioners enrolled in that Court,]

⁵[(c) a Judge of a Civil Court subordinate to the High Court, ⁶***

⁷* * * * *

(3) The members of each Committee shall be appointed by the ⁸[High Court], which shall also nominate one of their number to be President:

⁹* * * * *

(4) Each member of any such Committee shall hold office for such period as may be prescribed by the ⁸[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the State in which the Committee was constituted, or becomes incapable of acting as a member of the Committee, the said ⁸[High Court] 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 ⁸[High Court] and shall receive such remuneration as may be provided in this behalf ¹⁰[by the State Government].

Note: 1. Subs. by Act 13 of 1916, s. 2 and Sch., for “each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon”.

2. The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and the Second Schedule These words were again ins. by Act 32 of 1925, and subsequently omitted by the A.O. 1948.

3. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and the Second Schedule.

4. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c).

5. Clause (d) re-lettered as clause (c) by s. 16, ibid.

6. The word “and” omitted by Act 38 of 1978, s. 3 and the Second Schedule.

7. Clause (d) omitted by s. 3 and the Second Schedule, ibid.

8. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).

9. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).

10. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”.

 

Code of Civil Procedure Section