CHAPTER XXXI

ESTABLISHMENT

Appointments

577. (i) The appointments to all posts in the Classes III and IV of the Subordinate
Judicial Service in the Civil Courts in each District shall be made by the District Judge
from the lists of candidates selected by the Advisory Committee formed for the purpose
in each District.

(ii) An Advisory committee should be formed in each District to assist the

District Judge, in making appointments to Class III and Class IV services in the Judicial
Department, Such Committee should consist of the District Judge, the Joint District
Judge, the Additional District Judge, the Chief Judicial Magistrate an the Civil Judge,
Senior Division.

In a District, where there is no Joint District Judge, the Advisory Committee should
consists of the aforesaid Judges excluding the Joint District Judge.

(iii) The rules for the recruitment of candidates to Class III and Class IV
services in Subordinate Judicial Service are contained in the Appendix attached to
Government Resolution, Home Department, No.Misc.1055/62546­III, dated 26th
December 1957, as amended by Government Resolution, Law and Judiciary Department,
No.DCE. 5265/3643­J, dated the 22nd February 1971. These Recruitment Rules are
included in Appendix `A' at the end of this Chapter.

578. The bailiffs are concerned with service of various kinds of Writs and
processes etc., at distant places and are, therefore, required to travel over wide areas of
extensively. Therefore, while selecting candidates for appointment as bailiffs, the
selection should be made particularly with reference to the following aspects of
personality :­

(i) He should possess the minimum educational qualification of not lower

than a pass in the examination of Standard VIIth ;

(ii) He should be physically fit, mentally alert and energetic ;

 (iii) He should be intelligent and matured in understanding and behaviour ;

(iv) He should have sense of good behaviour and initiative so as to complete

the procedural formalities in performance of his duties in the shortest possible period or
particularly within a specified time.

No one should, therefore, be selected who is lacking in any of these qualities.

Promotion

579. (a) The District Judge shall maintain a separate Confidential File in respect of
each Class III Servant on the establishment of his district. This file should contain a
compilation of the Confidential Reports concerning such member made and completed in
accordance with the provisions contained in Paragraph 584 below.

(b) The District Jduge shall also maintain a Confidential Register for all Class
IV servants on the establishment of his district in the form set out herein below and in the
manner indicated in sub paragraph (c) below :­

FORM OF CONFIDENTIAL REPORT FOR CLASS IV

GOVERNMENT SERVANTS

Full Name .. .. ..
Father's Name .. .. ..
Date of birth .. .. ..
Place of birth (Village/Town/Taluka/District ..
Nationality and Religion .. .. ..
Whether belongs to Scheduled Castes/Scheduled
Tribes/Other Backward Classes ?
Home of Family .. .. ..
Permanent Address .. .. ..
Whether any immovable property held ? ..
If so, what and where ? .. .. ..
Date of joining Government service .. ..
If service is not continuous, details of previous ..
Government service
Mother tongue .. .. ..
Languages known .. .. ..
Educational Qualifications Examination. Year.

PART II

Estimate of general ability and character

Name .. .. ..
Period of report .. .. ..
Post or posts held .. .. ..
(1) Physical Fitness .. .. ..
(2) General intelligence .. .. ..
(3) Technical ability (where relevant) .. ..
(4) Integrity and character .. ..
(5) Special aptitude .. .. ..
(6) Obedience .. .. ..
(7) Punctuality .. .. ..
(8) Penalties/Awards, if any .. ..
(9) Fitness for promotions .. ..
General Assessment .. .. ..

Date : Signature, Name and Designation

Place : of the Reviewing Officer.

PART III

(1) Length of service under Reviewing Officer.

(2) Do you agree with the Reporting Officer or

Do you wish to modify or add to his assessment ?

Date : Signature, Name and Designation

Place : of the Reviewing Officer.

(c) The names of Class IV servants required to be mentioned in column (2) of the
Confidential Register should be arranged cadrewise, each cadre being separately and in
order of seniority. The remarks in the said Register should be entered by the District
Judge himself or an Additional District Judge, or Civil Judge, Senior Divisions, named
by the District Judge for the said purpose on the basis of the reports received from the
Judicial Officers under whom the Class IV servants may have been working. Such
remarks should be entered in the said Register every year in the month of April.

580. In the matter of promotions and confirmations, the District Judge should take
into consideration the following principles :­

(i) All clerks who pass the Lower Standard Departmental Examination should
be confirmed immediately in the existing vacancies. Such confirmations should not be
deferred till the passing of the said examination by their seniors.

(Vide High Court Circular No.B­10135/50, dated the 5th December 1950)

(ii)(a) Whenever vacancies to be filled by promotion are available, the District

Judge shall consider for promotion thrice the number of eligible employees according to
their seniority.

(b) The District Judge may, if, for reasons to be recorded in writing, he
considers it to be so desirable, appoint a Committee to subject the employees within the
Zone of consideration to an appropriate test, and may also consider the result of such test.

(c) While selecting an employee for promotion, the District Judge shall take
into consideration :­

(i) The entire service record, and more particularly annual confidential reports
for the previous 5 years;

(ii) Leave and punctuality record for the previous 5 years;

(iii) Special reports called from the officers under whom the employees
within zone of consideration are currently working;

(iv) Nature of duties of the promotional post vis­a­vis the abilities of

employees within zone of consideration.

(d) In case promotion are not made according to seniority, a minute indicating
reasons for selection shall be recorded by the District Judges.
 The seniority of Senior Clerks should be determined from the date of their
appointment to the post i.e. The Senior Clerk and not reference to seniority in the cadre
of Junior Clerk.

(iii) If a clerk who is junior in service has passed the Lower Standard
Departmental Examination before a clerk who is senior in service, the clerk junior in
service should be confirmed, if there is a permanent vacancy, in preference to the clerk
senior in service who has not passed the examination.

581. The District Judge shall maintain separate Gradation Lists in the form set out
herein below for each cadre of Class III and Class IV servants on the establishment of his
district showing the position on the Gradation List of the various members on the
establishment as on the 1st of April in order of seniority, and revise such lists every year
in the month of April. As soon as such revision is completed, typed copies of such
revised lists shall be circulated for information to all the members of the staff concerned
in the district, and written acknowledgments of the list having been circulated to the
members of the staff concerned shall be obtained from them and preserved in the office;

Form of Gradation List

Serial Name Educational qualifications, Date of birth Date of entry into

No. departmental and ad­hoc Government Service
examinations passed and
other special qualifications
1 2 3 4 5

Date of Date of Pay on 1st April Due date of next Remarks

continuous Confirmation in of the year increment
Officiation the post concerned
in the post
6 7 8 9 10

582. The duplicates of Service Books and Service Rolls should be supplied to all
members of Class III and Class IV services free of charge.
583. District Judge shall invariably consult the Judicial Officer under whom the
employee is working in the matters concerning the promotion of members of the
establishment and Judicial Officers should be encouraged to write frankly as to the
fitness, or otherwise for promotion of any members of their establishment. Or any case of
special merit.

584. (a) The Additional District Judge, a Civil Judge or a Judicial Magistrate
should report to the District Judge, confidentially upon Class III and Class IV servants
working under him, on or before the 31st of March, each year, or on his own transfer or
on the transfer of such servant (unless he has already submitted his report within the
previous three months). The Confidential Reports concerning Class III servants should be
in the form prescribed by Government in the schedule attached to the Government
Resolution, Political and Services Department, No. CFR. 1256, dated the 15th October
1956 or such other form as the Government may hereafter prescribe for the said purpose
with the approval of the High Court. The Confidential Reports concerning Class IV
servants should be made in the form set out in paragraph 595 above, or in the form, if
any, which Government may hereafter prescribe for the said purpose with the approval of
the High Court. While reporting about Class III servants, the reporting Officer should
also bear in mind the instructions contained in the aforesaid Government Resolution as
modified from time to time or any instructions which Government may hereafter issue in
that behalf.

(b) In respect of Class III and Class IV servants working in the District Court,
the District Judge should himself write the Confidential Reports referred to in sub­
paragraph (a) above.

(c) The District Judge may add on the confidential reports received by him
from the Additional District Judges, Civil Judges and Judicial Magistrates his own
remarks from observations made by him personally.

(d) Adverse or favourable remarks, if any, should be communicated by the

District Judge to the persons concerned, either orally or in writing, in accordance with the
directions and principles laid down in Government Resolution, General Administration
Department, No. CFR 1261­D, dated 8th January 1962 or in accordance with the
directions or principles which Government may hereafter lay down, unless the Additional
District Judge, the Civil Judge or the Judicial Magistrate concerned intimates that he has
already communicated such remarks to the person concerned.
 (e) The District Judge or the Additional District Judge or a Civil Judge or a
Judicial Magistrate, shall also maintain an ephemeral roll for each Class III servant
working under him in the form and for the purpose laid down in Government Circular,
Political and Services Department, No. CFR. 1256­D, dated the 4th April 1957.

(f) Testimonials should not be given to any members of the establishment

except­
(i) When such person has applied for a post elsewhere and his confidential
reports cannot be supplied to the appointing authority, or
(ii) When he is retiring from service.

585. Section 9 of the Bombay Civil Courts Act, XIV of 1869, provides that the
District Judge shall have general control over the establishments of all the Courts in his
district. The District Judge has general Control, while the Small Causes Court Judge,
Civil Judge and Judicial Magistrate have direct control over the establishments of their
own Courts.

586. The Judge is responsible for the distribution of duties amongst the various
members of the establishment and for enabling each member of his establishment to
receive proper instruction in the duties he has to perform. He may do this through the
agency of the Clerk of the Court and the Nazir but he must satisfy himself that it is
properly done.

587. Every District Judge, Civil Judge and Judge of a Court of Small Causes in the
mofussil must insist on the punctual attendance in office of all members of the
establishment at the proper office hours and on the prompt and regular dispatch of all
official business by the member concerned.

588. Civil Judge should bear in mind that administrative work is no less important
than judicial work. It is the duty of a Civil Judge to see that every office register, diary or
book is regularly kept and every official paper is kept in its proper place. It is also a part
of his duty to make proper arrangements for due preservation of all Government books
and records entrusted to his care. He may, however, with the sanction of the District
Judge, sell or destroy absolute books and those which are of no use.

Punishment
589. (a) The Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, shall
apply to all the members of Class III and IV Services of the Subordinate Judicial Service.

(b) In cases governed by the Maharashtra Civil Services (Discipline and

Appeal) Rules, 1979, a Civil Judge may impose­

(i) any penalty specified in Rule 5 of the said rules upon members of Class IV
service in his Court, and
(ii) any penalty other than dismissal or removal from service, specified in rule
5 of the said rules upon members of Class III service in this Court.

Leave and Transfer

590. Casual leave and other leave when substitutes have not to be provided may be
granted by Civil Judges to the members of their establishments.

591. Every member of the staff belonging to Class III establishment of the District
is liable to be transferred after he has served at one place for 5 years.

Having regard to the rising number of women employees in the Subordinate

Courts, of late the question of their transfers in the wake of general transfers of the staff,
has become more acute. As such, subject to the sole criterion of the Administrative
convenience, in case of transfer of women employees, as far as possible, they should not
be posted to inconvenient or far off stations, in view of the hazards of in security to
which they may be subjected in case of remote or inconvenient places, separated from
their family members or relatives.

Duties of the Establishment and Distribution of Work

592. Many of the matters to be done by the Court can be delegated by the Judge to
a subordinate officer. Under the Code, certain matters can be done only by an officer
appointed for the purpose but there are others which are to be done only by a subordinate.

593. The general provision as to delegation in this State is contained in section 40

of Act XIV of 1869 which runs as follows :­

“There may be appointed to any Civil Court under this Act a Clerk of the
Court, who, in addition to such duties as may from time to time be prescribed by the High
Court, may receive and register plaints, and shall refer such as he may consider should be
refused for the orders of the Judge of the Court, and may sign all processes, and
authenticate copies of papers.”

594. The Code itself provides explicitly or impliedly that the Court may appoint an
officer,­

(1) to receive plaints (Order IV, rule 1),

(2) to register plaints (Order IV, rule 2),
(3) to sign summonses to defendants and witnesses (Order, V, rule 1 and (3)
and rule 10),
(4) to serve summonses (Order V, rule 9),
(5) to sign letters substituted for summonses (Order V, rule 30),
(6) to satisfy himself as to the correctness of copies produced and mark the
original documents for the purpose of indentification (Order VII, rule 17),
(7) to receive applications for summonses to witnesses (Order XVI, rule 1),
(8) to receive applications for execution (Order XXI, rule 10),
(9) to sign process for execution (Order XXI, rule 24),
(10) to conduct sales (Order XXI, rule 65),

The Code also provides by rule 9(4) of Order VII, that the chief ministerial
officer of the Court shall satisfy himself as to the correctness of and sign the following
papers :­

(i) List of documents produced along with the plaint.

(ii) Copies of the plaint.
(iii) Concise statements.

595. The old rule framed by the High Court under section 40 of Act, XIV of 1969
is as follows :­

“In addition to the duties set forth in section 40 of Act XIV of 1869 the Judge,
of a District or subordinate Court may authorize the Clerk of his Court to `perform all or
any of the following duties, namely :­

(a) authenticate translations,

(b) sign receipts for papers received in the Court,
(c) have charge of and affix the seal of the Court,
 (d) sign registers and books of proceedings and notices on the notice board,
(e) receive and register all applications and papers accompanying them, being
bound to refer such as he considers should be refused or amended for the orders of the
Judge.

(f) receive and dispose of all merely formal applications which are presented
in due time, and must prima facie be granted as a matter of course : e.g. Applications for
adjournment made on the ground that the summons was not served on defendant or that
service must be proved, or that a notice may be served on the legal representative of a
deceased defendant or a guardian ad litem of minor defendant, or with consent of both
sides that a compromise may be effected,

(g) receive written statements under order VIII, rule 1, of the Civil Procedure
Code.

(h) in the temporary absence of the Judge, adjourn proceedings, make orders
for the re­attendance of witnesses and take bail, from an apprehended witness under
Order XVI, rule 18, of the Civil Procedure Code and from judgment­debtors arrested
under Order XXI, rule 38.

In addition to the above duties, the Clerk of the Court may in a District Court,­

(i) receive and register appeals and papers accompanying them,

(ii) sign Roznamas,
(iii) sign `by order' and after taking the order of the Judge, correspond with
the Civil Judges relating to leave of absence, establishment, pay and allowances,
contingent bills, periodical returns or statements, budget estimates, and similar matters of
administration.
(iv) exercise a general control over the Record Keeper, in providing for the
proper sorting and destruction of records, in accordance with the rules in force regarding
the permanent or temporary preservation of such records.

Nothing in section 40 of the Bombay Civil Courts Act or in the above rules
should be construed to affect the power of the presiding officer of each Court under order
IV, rule 1; order VII, rule 17; Order V, rule 1, 10 and 30(1); Order XVI, rule 1; and order
XXI, rule 10 and 24, of the Civil Procedure Code to appoint an officer who need not be
the Clerk of the Court, for the duties mentioned in the said rules as capable of delegation
to an officer appointed in that behalf.”
 The above rule is still in force so far as it is consistent with the Code, and it
should be followed.

In the temporary absence of the Clerk of the Court, a Civil Judge may appoint
a senior clerk to authenticate copies and translations “for the Clerk of the Court.”

596. In addition to the duties mentioned in paragraph 595 a District Judge may
delegate or assign to his Clerk of the Court all or any of the following duties on being
satisfied that the said Clerk of the Court is competent to discharge the same.

I. Quasi­Judicial

(i) Determining the nature of summons to be issued under order V, rule 5,

Civil procedure Code.

(ii) Receiving documents produced by parties on the day fixed for the first
hearing under Order XIII, rule 1 (2) Civil Procedure Code.

(iii) Requiring the return of documents and substituting certified copies in

their places under Order XIII, rule 9, Civil Procedure Code.

(iv) Calling for records on the application of parties under Order XIII, rule 10
(1), Civil Procedure Code.

(v) Calling upon the applicant­judgment­creditor to produce a certified copy

of the decree when it is not already produced with the darkhast under Order XXI, rule 11
(3), Civil Procedure Code.

(vi) issuing a certificate when the Court authorizes a judgment­debtor to raise

the decretal amount by sale of the attached property under Order XXI, rule 83(2), Civil
Procedure Code.

II. Non­judicial

(i) Calling upon the parties to deposit money to cover expenses of witnesses
under order XVI, rule 4 (1), Civil Procedure Code.
 (ii) Furnishing certified copies of judgments and decrees under Order XX,
rule 20, Civil Procedure Code.

(iii) Issuing a sale certificate to purchaser under Order XXI, rule 94, Civil
Procedure Code.

Other Non­judicial or Administrative Duties.

(i) Calling for reports and accounts from the private guardians.

(ii) Assisting the District Judge in the inspection of lower Courts.

(iii) To perform such duties and exercise such powers in relation to the
appointment and transfer of the members of the District Judge's establishment as the
District Judge may by general or special order determine.

(iv) Supervision over the establishment, clerical as well as menial, under the
District Judge.

(v) Arranging the board, fixing the appeals, etc., for hearing.

(vi) Returning of original documents, etc., produced by the parties in Court

whenever they apply for their return.

597. In addition to the powers conferred and duties imposed under the Provincial
Small Cause Courts Act, 1887, and also in addition to the duties of the Clerk of the Court
of the District Judge and Civil Judge, the Registrar of the Court of Small Causes may
perform the following duties :­

(1) Issuing processes on changed addresses.

(2) Passing orders regarding payments of amounts deposited in the Court in
decided proceedings.
(3) Passing orders regarding payments of amounts deposited in the Court in
pending proceedings when the party depositing the amounts consents to the payment
being made.
(4) Signing refund certificates.
(5) Revalidating refund orders.
(6) Carrying on routine correspondence with officers below the rank of a
District Judge.
(7) Authenticating amendments in the register of suits.

598. All registers, processes, etc., should be legibly and neatly written.
Corrections in words or figures should not be written over the original but above it, the
incorrect words or figures being cancelled by a line drawn neatly through it and initialled
by the officer making the corrections.

599. Files should be maintained and indexed. Dead stock register should be
maintained and verified according to the standing orders on the subject.

600. There should ordinarily be two superior officers in each subordinate Court, a
Clerk of the Court and a Nazir. The clerk of the Court shall be the chief ministerial
officer of the Court for the purpose of Court work, and the Nazir the chief ministerial
officer for the purpose of execution work, service of processes and accounts. Both should
be experienced and intelligent men thoroughly acquainted with the Civil Procedure Code,
the Bombay Civil Courts Act, the Bombay Court­fees Act, the suits Valuation Act, the
orders and circulars of the High Court and the relevant orders and Circulars of
Government. They should be capable of performing accurately and intelligently the
duties described in this Manual in regard to the examination of plaints, the drawing up of
decrees, the examination of applications for execution and the scrutiny of the work of
bailiffs or other officers of the Court engaged in execution work. The clerk in charge of
accounts and establishment of each Court must have sufficient knowledge of the Civil
Service Regulations and Civil Account Code deal with leave applications, pension cases,
service books of the members of the establishment and other matters requiring an
understanding of the orders of Government.

601. There should also be a Record Keeper of the District Court who should be a
man of intelligence and be familiar with the Code of Civil Procedure, the Bombay Civil
Courts Act, the Bombay Court­fees Act, the orders of High Court and the relevant orders
of Government.

602. The Nazirs of District Courts, Small Causes Courts and subordinate Courts
the Registrars of Small Causes Courts, the Record Keepers of the above Courts, clerks
and bailiffs in the offices of the Nazirs, clerks in charge of the library, and all members of
the establishment who have to handle Government money shall furnish security for the
prescribed amount and in the prescribed manner. If any securities have been deposited,
such securities and the security bonds shall be forwarded for safe custody to the Treasury
Officer at the headquarters of the District Court and it shall be the duty of the Clerk of the
Court, District Court in each District to satisfy himself that the security or security bonds
furnished by all concerned officers within the District are forwarded for safe custody to
the District Treasury and to report to the District Judge about such verification. No
practising lawyer shall be accepted as surety.

Note :­ (i) The following amounts of security to be taken from different officers are
prescribed under High Court (Confidential) letter No. A(Cri.) 1067/76, dated the 30th November 1977.
While actually accepting the amount of security from any officer, the change, if any, therein should be
verified from the relevant record in that behalf and the latest amount of security prescribed should
alone be accepted.

Name of the Court Designation of the post Prescribed amount

of security to be
taken now
Rs.
1. District Court (1) Nazir 10,000
(2) Deuty Nazir 4,000
(3) Asst. to Nazir or Clerk to Nazir 1,000
(4) Record Keeper 4,000
(5) Senior Clerk 4,000
(6) Accounts Clerk 4,000
(7) Junior Clerk, doing the work of Library or 1,000
incharge of postage stamps, incharge of stationery,
incharge of muddemal or incharge of Government
money dealing with monetary transactions.
(8) Section­Writers dealing the copying fees 1,000

(9) Bailiff 300

2. Additional District (1) Clerk of the Court 4,000

Judge's
(2) Nazir 4,000
(3) Junior Clerk incharge of Government Money or 1,000
muddemal or library or postage stamps etc.
 Name of the Court Designation of the post Prescribed amount
of security to be
taken now
3. Civil Court, Senior (1) Nazir 10,000
Division
(2) Clerk to Nazir 1,000
(3) Accounts Clerk 1,000
(4) Junior Clerk dealing with Government money or
muddemal or Library book or Stationery or postage
1,000
stamps etc.
1,000
(5) Section­Writers dealing with copying fees
300
(6) Bailiff
4. Small Cause Court (1) Nazir 10,000
(2) Junior Clerk to Nazir 1,000
(3) Registrar 4,000
5. Chief Judicial (1) Senior Clerk 4,000
Magistrate's Court
(2) Junior Clerk dealing with Government money, 1,000
postage stamps, stationery or library books etc.
6. Civil Court, Junior (1) Nazir 4,000
Division
(2) Clerk of the Court 4,000
(3) Nazir's Assistant 1,000
(4) Senior Clerk 4,000
(5) Junior Clerk dealing with Government money or
muddemal or postage stamps or stationery or library
1,000
books etc.
300
(6) Bailiff
7. Judicial Magistrate, (1) Senior Clerk 4,000
F.C.
(2) Junior Clerk dealing with Government money or
muddemal or postage stamps or stationery or library
1,000
books etc.

Note :­ (ii) One surety would suffice in the case of clerks and bailiffs in the offices of Nazirs of
District Courts and subordinate Court. (Vide Government Resolution, Home Department, No. 1229/2,
dated the 16th October 1929).

Note :­ (iii) No surety is necessary if sufficient cash or other securities are deposited.
Note :­ (iv) No fresh bond is necessary on transfer to another post or place in the same district unless
the new post requires higher security.

Note :­ (v) If the position of the sureties deteriorates or their solvency to meet the obligations becomes
doubtful, then a fresh surety bond should be taken.

603. Every Court shall maintain a list containing the names of sureties and their
address in respect of the members of their establishment and shall make due inquiries
about the solvency etc., of the sureties in December, every year, and every subordinate
Civil Court shall submit its report to the District Judge on or before the 15th of January.

Enquiry as to the solvency of the sureties shall be made annually in the month
of January by the District Judge, who shall certify in writing that he has satisfied himself
about the solvency of sureties and report the fact to the High Court.

604. The Court may in its discretion delegate to the Nazir the authority to sign
summonses in execution proceedings and to sign processes for execution. It should be
borne in mind that wherever possible the ministerial responsibility in execution
proceedings should rest with the Nazir.

605. A notice setting out the duties assigned to the Clerk of the Court and the
Nazir, should be affixed to the Court Notice Board.

606. (a) Each Section­Writer shall daily type or copy and compare 7,000 words
from documents in English or 5,000 words from documents in regional languages or, in
case wherein the copies are required to be prepared in hand writing, shall daily copy and
compare 3,000 words from documents in regional languages, and shall maintain a day to
day diary in Form `A' given at the end of this paragraph showing particulars of copying
and comparing work done by him. The diary shall be checked and signed daily, after
verifying its correctness, by such officer as the officer presiding over the Court may
appoint in this behalf.

(b) A statement in Form `B' given at the end of this paragraph showing the
daily out turn as also the balance of copying work shall be prepared and submitted daily
in the District and Sessions Court by the Record Keeper to such officer as the District and
Sessions Judge may appoint in this behalf. In the Court of the Civil Judge or of the Civil
Judge and Judicial Magistrate, such statement shall be submitted by the Clerk of the
Court and in the Court of the Judicial Magistrate by the Senior Clerk daily to the
presiding officer of the Court. The officer to whom such statements are submitted shall
examine whether the out turn of work is satisfactory and given such directions as he may
deem necessary.

(c) A register in Form `C' given at the end of this paragraph shall be kept in
every Court by such person as the officer presiding over the Court may direct in that
behalf indicating the movement of the applications for copying. The said register shall be
kept in three parts, Part I relating to applications which are sent to other Courts for
supplying the record of the required case or for supplying the copy after copying, Part II
relating to applications which are forwarded to the Record Keeper for supplying the
record of the required case, and Part III relating to applications which are given to the
Section­Writers with the necessary originals for copying. Where the Court concerned is
doing both Civil and Criminal work, such registers should be maintained separately for
applications received in Civil Matters and for applications received in Criminal Matters.

(d) The Courts of the Civil Judges and Judicial Magistrates should submit
every month to the District and Sessions Court a statement in Form `D' given at the end
of the this paragraph showing the outturn and the balance of copying work in their
Courts. The District and Sessions Judge should scrutinize these statements and then issue
such directions as he may deem proper and necessary.

FORM A

Name of the Section­Writer

Paper book work Certified copies work

Distinctive Description of Serial No. of Distinctive Description of
Date Number of the the document the application Number of the the document
Appeal of Revision or the Exhibit in the copying Case or or the Exhibit
of which the paper number copied Register proceeding number copied
books is prepared
1 2 3 4 5 6
Total number of words Total number of words Total number of words Work other
typed written compared than
copying and Remarks
English Regional English Regional English Regional
Language Language Language comparing
7 8 9 10 11 12 13 14

Note.­ (1) If the Section­writer is an English Section­Writer, the letter E should be inserted
before his name within brackets and if he is a Regional language Section­writer, the letter R
should be inserted before his name within brackets.
(2) In columns 7 to 12, show the total of copying as well as paper book work, if any.

FORM B

Outturn and Balance of Copying work on

Balance pending at the

Balance of Received Disposed close of the day
Kind of Total for
the previous during the during the Pending Pending
work disposal
working day day day over ten over twenty
days days
1 2 3 4 5 6 7

Applications
for Copying
Paper Books

FORM C

PART I

(Relating to applications sent to other Court)

 Number of the Name of the Court to Date on which Date on which
application in which the application is the application is
Serial
the copying sent for making the record application is received back with Remarks
No.
Register of the case available or sent or without the
for preparing the copy record or the copy
1 2 3 4 5 6

PART II

(Relating to applications sent to the Record Keeper)

Number of the Name of the Record Date on which Date on which the
application in Keeper or the Record the application is
Serial the copying Clerk to whom the application is returned with or
Remarks
No. Register application is sent for sent without the record
making the record of the
case available
1 2 3 4 5 6

PART III

(Relating to applications given to the Section­writers for copying)

Number of the Name of the Section­ Date on which Date on which

Serial application in writer to whom the the application the copy is
Remarks
No. the copying application is given with is given prepared
Register the original
1 2 3 4 5 6
 FORM D

PART I

(Monthly Outturn)

Name of Number Total number of Average number of Work

the of words copied and words copied and other than
Seria Section­ working compared compared per day copying
Remarks
l No. writer days English Regional English Regional and
comparin
language language language language
g
1 2 3 4 5 6 7 8 9

Total ..

N.B.­­(1) In Column No.2, show the letter (E) in brackets against the name of the English
Section­Writer and the letter ® against the name of the Regional language Section Writer.

(2) In Columns 6 and 7 against the item “Total”, show the average number of words
copied and compared per day per Section­Writer.

PART II

(Monthly balance)

Number of Number Number Balance pending Serial Numbers of

applications received disposed of at the end of the applications pending
pending at the during the during the month for more than ten days
beginning of the month month with reasons for delay
month in each of them
1 2 3 4 5
 Number of Number Number Balance pending Serial Numbers of
applications received disposed of at the end of the applications pending
pending at the during the during the month for more than ten days
beginning of the month month with reasons for delay
month in each of them
 Duties of Bailiffs and Supervision over them

607. Bailiffs are commonly entrusted with the service of summonses and notices
and orders and with the enforcement of processes for execution of decrees and orders.

608. There is no prescribed method for apportioning and supervising the duties of
bailiffs. The District Judge may adopt and suitable method for his district having regard
to the nature and volume of work, and the particular requirements of the district.

609. It would generally be convenient to divide the jurisdiction of the Court into
beats for execution of processes. The bailiffs must try to execute the processes
independently of the parties, on their own information and knowledge. They must also
understand that if they return a process unserved, they will be repeatedly sent back till it
is served.

610. Some useful instructions have been given in the Bailiff's Manual which
should be followed by the bailiffs. It is the duty of the Nazir or other officer appointed by
the Judge for that purpose to give instructions and directions to the bailiffs in regard to
their work and duties. The Nazir should also keep a watch over the work of the bailiffs
and see that the bailiffs perform their duties satisfactorily and obey the directions given to
them.

611. The Nazir of the Court should submit to the Presiding Officer for his orders
every day all the processes returned unserved. The Presiding Officer should scrutinise the
reasons for non­service in every case and if they are unsatisfactory, he may take such
action as he deems fit.

612. Although the legitimate work of the bailiffs is the service of processes, the
District Judge may assign to them any other reasonable work when they are not engaged
on the work of service of processes.

The work of bringing tapal, taking money and boxes containing valuables to
and bringing the same from Treasury, calling out parties in Court, etc. may reasonably be
considered to fall within the scope of duties assigned to bailiffs, but the work of doing
night watch duty in the court buildings may not be assigned to the bailiffs after sanction
of all the posts of peons and watchmen as per the recommendation of the Study Group.
613. (i) Nazir has to see :­

(a) that the process to be given to the bailiff is accurately drawn,

(b) that the bailiff is given all the papers to be sent along with the process e.g.,
a copy of the plaint, summons, notice, etc.,
(c) that the bailiff is given the necessary amount of money for the purpose of
the service of the process, and,

(d) that a reasonable time is fixed for his return having regard to the distance
and the nature of the work.

(ii) After the process is brought back or sent by post by the bailiff, it is the
duty of the Nazir or a clerk working under him,

(a) to scrutinize his report and ascertain whether the bailiff has done his work
properly,
(b) to ascertain whether all the details required by the kamgiri book are
mentioned in the bailiff's report, and,
(c) to scrutinize carefully the bailiff's diaries.

(iii) The scrutiny of the reports and the diary should be intelligent and
constant and not merely mechanical and casual. It would be enough if the Nazir signs the
bailiff's report in token of scrutiny, if he considers them satisfactory and has no remarks
to make.

(iv) The return required under Order V, rule 23, in amended Form No.10 in
Appendix B, Schedule I, of the Civil Procedure Code, should be made under the
signature of the Judge after the scrutiny by the Nazir.

614. It is the duty of bailiffs to explain failure to serve any process and to report, as
required by rule 25 of Order XXI on all processes in execution.

615. The Nazir should make careful enquiry of the bailiff, in execution matters as
to whether the decree has been adjusted or satisfied wholly or in part.

616. If the reports of a bailiff are not sufficiently clear, the Nazir should examine
him about any matter which requires an explanation or a clarification.
 All matters of doubt or difficulty and all cases of negligence, laziness or
misconduct on the part of bailiffs should be referred to the Judge.

617. Where a man sent with a bailiff to indentify a judgment­debtor has

represented that he does not wish to point out the judgment­debtor or to attach his
property, he shall be required to sign an endorsement to that effect on the warrant.

618. No bailiff charged with service of a process is entitled to call upon the party
interested in the service to point out the person to be served.

It is the duty of the bailiff to use his best efforts to effect the service and it is
only when he fails, in spite of such efforts, that the Court may order the party to render
help to him.

Where the serving officer does not know the individual on whom the process
is to be served, but such individual is pointed out to him, the person who points out the
individual served should be asked to make an endorsement on the process.

619. Villages Officers have been instructed by Government to give every

assistance to bailiffs when serving processes.

620. Bailiffs should be required to keep diaries in the standard form No. `Civil B
38'.

621. Forms of the bailiffs' patrol book may be obtained from the Superintendent,
Yeravda Prison Press, on indent by the Collector.

Form of Bailiffs' Patrol book

Signature of Date of arrival Date of Summary of To what village

officer departure work done proceeding next

622. Whenever bailiff visits a village, he should ascertain from the patrol book the
name of the bailiff who had visited it immediately before him and the date of his visit,
and should make a note of the same in his diary. The Nazir should check these notes,
from time to time, in order to ascertain the correctness of the diaries of other bailiffs.
623. Permission is given to District Judges and to Civil Judges (subject to any
general instructions from the District Judge) to allow their bailiffs to return processes by
post in cases in which it may be convenient to do, so. Processes, however, should not be
posted in village boxes which are cleared at irregular intervals. When sent by post, they
may be sent “Service bearing” and the postage should be paid out of the Court's
contingent allowance. The presiding officer of each Court, in which the system may be
introduced, should carefully watch its working, and should discontinue it, if found
objectionable.

624. The official directly responsible for the work of the bailiffs is the Nazir. In
order to see whether that responsibility is fully realized, the presiding Judge must
occasionally inspect the bailiff's work. As illustrating one of the ways in which this may
be done, the following mode of inspection is suggested. Taking :­

(a) the “Kamgiri book” :

(b) the Nazir's book (attendance roll which should show what bailiffs were in
attendance on the Court each day and were engaged in outside work);
(c) the Darkhast Register ;
(d) the Bhatta Book ;
(e) the Memo book for Darkhasts.

The Civil Judge can in a short time trace several execution proceedings and
very soon see whether the subordinate officials promptly and accurately do their work
and whether the Nazir recognizes his responsibility.

Similar investigations should be made by the District and Additional District

Judges when on inspection circuit, serious notice also should be taken of all irregularities
on the part of the execution establishment which may be brought to light in the course of
any judicial investigation.

Close supervision should be exercised over the conduct of process servers in

executing warrants of arrest. This branch of work should be closely scrutinized, and
persistent default in arresting judgment­debtor should be a ground for either dispensing
with the services of the process­server or his reduction or stopping his promotion and
good work in this direction should be a ground for special advancement.

Departmental Examinations
625. (1) There shall be two examinations called respectively the “Lower Standard”
and the “Higher Standard”.

(2) No candidate selected for appointment to a clerical post in accordance

with Government Circular, Home Department, No. 8977/3­II, dated the 16th March 1939
shall be confirmed in his appointment as a Clerk unless he has passed the “Lower
Standard” Examination.

Note :­ The above shall not apply to candidates who were selected before 16th March
1939.

(3) No Clerk shall be promoted to an appointment to the post of Sheristedar,

Assistant Superintendent and above unless he passes the Higher standard Departmental
Examination or to an Appointment to the post of Senior Clerk unless he passes the Lower
Standard Departmental examination.

(3) (i) “The Members of the Staff of the Subordinate Courts who have
completed the age of 45 years are exempted from appearing and passing the Higher
Standard Departmental Examination.”

(4) No Clerk shall be permitted to appear for the “Higher Standard

Departmental Examination” until he has completed 3 years of service and after he
completes 10 years of service as a Clerk. No candidate shall be permitted to appear for
the “Lower Standard Departmental Examination” until he has completed one year's
service as a clerk.

(5) To be deleted.

(6) The examinations shall be in English and shall­consist of written papers

and oral and practical tests.

(7) The examinations shall be held each year in July, on 2nd Saturday and
following Sunday either in Court premises or any other convenient place likes school,
college near District Court.

(8) At least three months' notice of the exact dates fixed for holding the
examination shall be given by the High Court by publication in the Maharashtra
Government Gazette.

(9) “The Examination Committee in each district shall consist of the District
Judge, the Civil Judge (Senior Division) and a third officer who should be an Additional
District Judge, a Judge of the Small Cause Court or a Civil Judge as the District Judge
may think fit to appoint. In other Courts, the committee shall consists of the principal
Judge and two other members as the Principal Judge may subject to approval of the High
court appoint. However, having regard to the number of candidates appearing for Lower
and Higher Standard Departmental Examinations, District Judge may include as many.
Judicial Officers in the committee as deemed necessary. The Adjudication of Answer
Books shall be done by such Examination Committee of another district as may be
directed by the High Court.

(10)(a) The question papers for both the Higher and Lower Standard
Departmental Examinations for all cadres of Subordinate Judiciary, shall be drawn up in
the form of Question Banks, duly approved by the High Court and the same shall be sent
to the District Judges and the Chief Judge, Small Causes Court, Mumbai for being
circulated to the Candidates/Examinees, by taking out sufficient number of its xerox
copies well in advance. The Candidates/Examinees, are expected to study the entire
Question Bank of each paper and to go through the relevant provisions of the Acts/Rules
for the purposes of preparation of the Examinations.

On the day fixed for the Examination, the District Judges/Chief Judge, Small
Causes Court, Mumbai shall take out the Question Bank of the papers fixed which is
already circulated to the Candidates/Examinees and shall call upon any candidate in the
examination hall to pick up such number of questions by lot as is required and mentioned
in the notes/instructions given on the question paper and those questions only should be
solved/answered by the Examinees of that Court/District. Thus, for every District
different questions will be taken out by random system, for being answered by the
Examinees.

After the examination of each paper is over, the concerned District Judge
shall take necessary steps to get the Answer Books properly sealed and shall safely keep
the same in his custody till the same are taken up for evaluation.

For the year 2004, and for subsequent years the same Question Bank shall be
used for holding the Departmental Examinations, until the Question Banks are duly
revised by the High Court.
 (b) The Answer Papers shall be Evaluated/Examined by forming the
Evaluation Committee consisting of sufficient number Judges working at the District
Headquarter and Taluka Places, by the concerned District Judge/Principal Judge. All the
Answer Books shall be centrally examined on 4th Saturday and Sunday in the month of
July every year at the District Headquarter and it shall not be necessary to send the same
to the High Court.

For the purposes of evaluation of Answer Books, Key/Model Answers of each

Question Bank, duly approved by the High Court, shall be supplied to the District
Judges/Chief Judge, Small Causes Court, Mumbai and same shall be circulated to the
Members of the Evaluation Committee as a guide for the purpose of evaluation of the
Question Papers. Sufficient number of its zerox copies should be drawn up for this
purpose. However, after the work of evaluation is over the District Judges/Chief Judge,
Small Cause Court, Mumbai shall ensure that none of the members of the Adjudication
Committee or Staff deployed on duty retain copy of the question Bank or its key and the
same shall be collected back from them and should be kept in a sealed cover in the safe
custody of the District Judges and the Chief Judge, Small Cause Court, Mumbai, or
Principal Judge, as the case may be.

The same Question Bank shall be used for the next subsequent years and
should be supplied to examinees every year in the month of May for preparation. The
Examination shall be held every year on 2nd Saturday and Sunday, as scheduled.

Every Member of the Evaluation Committee formed by the District Judges is

expected to evaluate about 20 or more Answer Books depending upon the total Number
of Answer Books.

On the day of the evaluation, the sealed bundles containing the answer books
shall be opened one after the other and the Answer Books should be distributed in
chronological order to all the evaluators ensuring that nobody can anticipate to get any
particular Answer Book. After the evaluation of all the papers from one bundle, the next
bundle shall be opened and so on till the Answer Books are evaluated.

The District Judge should ensure and impress upon all the members of the
Evaluation Committee to evaluate Answer Books strictly and impartially. Even slight
deviation, if any committed by any member of Evaluation Committee should be reported
to the High Court by the District Judge/Principal Judge.
 (c) After evaluation of all Answer Books is over the Adjudication Committee
shall thoroughly re­check all the Answer Books for re­totalling of Marks and then shall
prepare the Mark Sheets. The signature with name and designation of each Member of
the Evaluation Committee who has evaluated a particular paper should be obtained on the
top of the Paper. Re­checking/re­totalling of Marks alloted is necessary to ensure that no
request for re­checking would be entertained thereafter.

The result of the examination should be declared by the District Judges/Chief

Judge, Small Causes Court, Mumbai immediately on the next working day after
evaluation of Answer Books, under intimation to the High Court, and the same should be
communicated in writing to the Examinees.

(11) The number of questions which a candidate is required to answer in each

paper shall be limited to ten and the time allowed shall be three hours.

(12) The syllabus for the Examinations and the marks for each paper and for
the practical and oral tests shall be as under :­
(i) The syllabus for the examinations and the marks for each paper and for
the practical and oral tests for the State of Goa shall be as under :

Lower Standard

A. Written :­

Marks
(i) Questions to test the examinee's knowledge of such parts of the Code of
Civil Procedure as refer to matters coming within the scope of a Clerk's duties.
(with books). 100
(ii) Questions to test the examinee's knowledge of (a) the Limitation Act, the
Indian Stamp Act, 1899 and the Court­fees Act, 1870 (All Central Acts), (b)
Goa Government Amendments/Notifications to on the latter two Acts and (c)
the Civil Manualk (with books). 100
 Marks
(iii) Questions to test the examinee's knowledge of (1) The Criminal Procedure
Code and (2) The Criminal Manual (with books).
Syllabus for Lower Standard Departmental Examination of the employees of
the Court of Small Causes :­
(a) Presidency Small Cause Courts Act, 1882.
(b) Maharashtra Rent Control Act, 1999 and all rules and sections 18, 20, 24
and 28 of Bombay Rent Control Act, 1947.
(c) Bombay Municipal Corporation Act, 1888.
(d) Bombay Money Lenders Act, 1947.
(e) Payment of Wages Act, 1936.
(f) Maharashtra Slum Areas (Improvement, Clearance and Redevelopment )
Act, 1971.
(g) Indian Oaths Act, 1969. 100

B. Written :­

Higher Standard

Marks
(i) (a) The Fundamental and Supplementary Rules,
excluding Chapters VI to X in Fundamental Rules and
Supplementary Rules, Vol. IV.

(b) Central Civil Service Pension Rules, 1972. 0

(c) Central Civil Service (Classification, Control and
Appeal) Rules, 1965. As in force in
(d) The Central Civil Service (Leave) Rules, 1972. State of Goa.
(e) The Central Civil Service (Conduct) Rules, 1964. (With
Books).
(ii) Questions to test the examinee's knowledge (a) the
Limitation Act, the Stamp Act and the Bombay Court Fees
As in force in
Act and (b) Government Notifications on the letter two Acts 100
State of Goa.
and (c) the Civil Manual (d) the City Civil Courts Rules for
employees of the City Civil Court (with books)
 Marks
(iii) Questions to test the examinee's knowledge (1) the
Criminal Procedure Code and (2) The Criminal Manual, (3)
100
City Civil and Sessions Court Rules (Criminal Section ) for
Employees of City Civil and Sessions Court (with books).

(C) Oral­­

Questions relating to accounts rules for maintenance, preservation and

destruction of records and general questions connection with current rules and 100
practice.

(13) An examinee must, in order to pass, obtain not less than 35 percent, of
the maximum marks in each written papers.

For the purpose of this Rule, Test in Type­writting and the Oral Test will be
considered as “Written papers”.

Note :­ (1) A candidate who obtains 75 percent of the total maximum marks shall be declared and
notified to have passed the examination “with credit” and a note to that effect shall be made in his
service book.

Note :­ (2) Committee shall not give any grace marks to any candidate..

(14) (a) “Any clerk who has passed LL.B Examination of any recognised
University with the Civil Procedure Code and Code of Criminal Procedure as subjects
shall on an application made by him in this behalf to the District Judge, be exempted
from appearing for Paper­I and III (on the Civil Procedure Code, Criminal Procedure
Code, 1973 and Criminal Manual) of the Lower Standard Departmental Examination. If
such exemption is granted, he will not be entitled to be declared to have passed the
examination with credit, under the note below to sub para (13) above.

Such a clerks who are to be granted exemption under this rule shall be
required to answer the questions in Part (b) of Paper­III of the Higher Standard
Departmental Examination within one hour only.”

(b) A candidate appearing for any of the examination may be exempted

appear in any of the subjects in which he had secured minimum 40 percent marks in the
said subject in his earlier attempt.

626. (a) The rules, given in Appendix B at the end of the Chapter, have been
framed by the High Court under section 41­A of the Bombay Civil Courts Act, (Act XIV
of 1869), for licensing of the petition writers in Civil Courts. These rules are brought into
force with the following directions :­

(b) notwithstanding the supersession of the former rules by clause (a) above,
where the District Judge has already brought into force in all or any of the civil courts of
the District (other than Mamlatdars, Courts) the former rules by the issue of a notification
as required under the former rules and where such rules continue to be in force on the
date of the publication of this notification, the former rules shall continue to be in force
until they are superseded by the issue of the necessary notification under the new rules by
the District Judge and the new rules are brought into force :­

(c) that the supersession of the former rules shall not, ­

(i) affect the previous operation of any of the former rules of anything duly
done or suffered thereunder, or
(ii) affect any right, privilege, obligation or liability acquired, accrued or
incurred under any of the former rules, or
(iii) affect any penalty or forfeiture or punishment incurred in respect of any
offence committed against any of the former rules, or
(iv) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed as if the new
rules had not come into force; and

(d) any license issued to a petition­writer under the former rules shall
continue to remain in force even after the new rules are brought into force, unless already
cancelled by a competent authority, and shall be deemed to have been issued under the
new rules.

Miscellaneous

627. A Court official should not be appointed as Trustee or Administrator under

the Indian Trusts Act or under the Indian Succession Act or a Administrator of Devasthan
but may be appointed as manager of the estates of lunatics.

628. The Court official appointed manager of the estate of a lunatic or trustee of an
estate in accordance with a scheme framed under section 92 of the Civil Procedure Code
or otherwise should be remunerated by a commission on the income of the estate, the rate
of the commission being within the discretion of the Court which appoints the official as
the manager of the lunatic or the trustee. In no case should the official appointed a
manager or lunatic or a trustee be remunerated by a percentage charge upon the
realisation of the principal.

APPENDIX A

(Paragraph 677) (iii)

Recruitment Rules for recruitment to Class III and Class IV Services in the
Subordinate Judicial Service

Rule 1. (a) Recruitment to the posts of (i) Stenographers, (ii) Clerks, (iii)
English Section Writers, (iv) Regional Language Section Writers, (v) Bailiffs, (vi) Peons,
(vii) Watchmen, (viii) Gardeners and (ix) Sweepers in Civil and Criminal Courts in a
District shall be made by the District Judge, strictly in order of seniority from a list of
candidates to be prepared as hereinafter provided.

(b) In preparing the list, the District Judge shall act upon the advice of a
committee known as the Advisory Committee.

(c) Such list shall contain names of candidates for recruitment to the different
categories referred to above, in separate parts for each category.

(d) Subject to Rule 3 below, no candidate whose name is not on such list shall
be employed in any of the above categories in any Civil or Criminal Court.

(e) The list prepared by the Advisory Committee shall be final.

Rule 2. The Advisory Committee shall consist of the District Judge as the
Chairman, Additional District Judge (for the time being working) in the district and the
Civil Judge, Senior Division (for the time being working) in the district and if there is no
Additional District Judges working in the district, then the Committee shall consist of the
District Judge as the Chairman and a Civil Judge, Senior Division. If there is no
Additional District Judge or a Civil Judge (Senior Division), the Committee shall consist
of the District Judge as the Chairman and a Civil Judge (Junior Division) and Judicial
Magistrate to be nominated by the Chairman :­

Note :­ The expression “the District Judge” appearing in this Rule where such District Judge is an
Inspecting District Judge and when he is out of his District Headquarters on inspection shall mean and
include the Joint Judge posted at such place.”

Rule 3. (i) The District Judge may appoint. ­

(a) a Regional (Language) Section Writer to the post of an English Section
Writer : and
(b) a Regional (Language) Section Writer or an English Section Writer to the
post of a clerk.

Provided that he is properly qualified and is, in opinion of the District Judge,
fit for such an appointment.

(ii) District Judge may, after following guidelines contained in para 580 &
583 of Civil Manual, promote :­

(a) A Peon, Watchman, Gardner, Sweeper to the post of Bailiff/Driver.

(b) Bailiff to the post of Head Bailiff or Driver.
(c) A Peon, Watchman, Gardner, Sweeper, Bailiff, Head Bailiff, Driver,
Xerox Operator, Book Binder to the post of Junior Clerk , Stenographer Lower, Grade /
Higher Grade / Stenotypist / interpreter.
(e) Stenotypist, Steno Lower Grade to the of Steno Higher Grade / interpreter.
(f) Senior Clerk to the post of Assistant Superintendent.
(g) Assistant Superintendent to the post of Superintendent.
(h) Superintendent to the post of Registrar.
(i) From any other post in lower pay scale to post in higher pay scale.

Provided that he is properly qualified and is, in the opinion of the District
Judge, fir for promotion to the higher post.

Rule 4. The number of candidates to be enlisted annually in such category

specified in rule (1) shall be such as to make the total number in each category equal to
(a) the average temporary vacancies which occurred during the previous two years plus
(b) the expected permanent vacancies during the year for which the enlistment is
proposed to be made and (c) an addition of 20 per cent of (a) and (b) to meet unexpected
contingencies and wastage.

Rule 5. (a) Every year preferably in the month of June, the Advisory
Committee shall scrutinise the list of candidates, and subject to rule 11, strike off from
the list the names of (i) those who have become ineligible for appointment and (ii) those
who have failed to accept the appointment without good cause even though an intimation
was sent to them.
(b) The Advisory Committee shall then decide having regard to the provisions
of rule (4) above the number of candidates required to be added to the list for each
category.
(c) If the number of candidates remaining on the list for any category is found
to be sufficient for a particular year, the Committee shall not enlist any candidate for such
category.

Rule 6. (a) The additions to the list shall be made annually in August. The
number of candidates in each category proposed to be enlisted shall be advertised in the
local news papers of wide publicity and by exhibiting notices in the various offices of the
Department in the manner prescribed in para 5 of Government Resolution, Finance
Department, No. 5011, dated the 26th March 1928. The Advisory Committee shall also
call for lists of eligible candidates from the local Employment Exchange and the District
Social Welfare Officer.
(b) The Selection of the candidate shall be made by the Advisory Committee
after considering the applications and lists so received, if necessary, by holding a test.
The final selection shall not be made without interviewing the candidates.
(c) The selection shall be made in such a manner that, as far as possible, at
any particular time, a sufficient number of Backward Class candidates shall always be
available for appointments so as to satisfy the percentage prescribed for the purpose by
Government from time to time.

Rule 7. (a) The Committee shall fix the seniority of each selected candidate
on merit and merit being equal on age and prepare a list of candidates in separate parts as
provided in rule 1. Such list shall be signed and dated by the members of the Advisory
Committee and shall continue to remain in force till it is exhausted.
(b) The seniority once assigned to a candidate in the list shall be final and
shall not be disturbed on any account. While making additions to the list, the seniority
fixed on the previous occasion shall not be disturbed.

Rule 8. The necessary educational and other qualifications which would

qualify a candidate for being enlisted in the various parts of the list are as follows :­

Stenographer. (i) Not lower than a pass in the S.S.C. Or other examination
recognised as equivalent to the S.S.C. Examination.

(ii­a) Stenographer (Higher Grade) ; minimum shorthand speed of 120 wpm

and minimum English typing speed of 40 wpm

(ii­b) Stenographer (Lower Grade) Minimum shorthand speed of 100 wards

per minute and minimum typing speed of 40 words per minute.

(ii­c) Stenotypist Minimum shorthand speed of 80 wards per minute and

minimum typing speed of 40 words per minute.

Clerks. (i) Not lower than a pass in the S.S.C. Or other examination
recognised as equivalent to the S.S.C. Examination.

(ii) A reasonably good speed in typing.

(iii) Adequate knowledge of the regional language of the Court in the District.

English Section Writers. (i) Not lower than a pass in the S.S.C. Or other
examination recognised as equivalent to the S.S.C. Examination.

(ii) A reasonably good speed in typing.

Regional Language Section Writers.­­ Not lower than a pass in the Regional
Language Final Examination or in the Examination of Standard VII of a recognised
school with Marathi as the medium of instruction.

Bailiffs. (i) Not lower than a pass in the Regional Language Final
Examination or in the Examination of Standard VII of a recognised school with Marathi
as the Medium of instruction.

(ii) Active habits and temperament.

 Peons.­­ Not lower than a pass in the Examination of Standard IV.

Watchman. (i) Not lower than a pass in the Examination of Standard IV in the
regional language.

(ii) Good physique and active habits.

Gardeners and Sweepers.­­ Good physique and ability to carry out the duties
attached to the post.

Rule 9.­­ Age limit – For appointment to Class III and Class IV posts
specified in Rule 1, the minimum age limit shall be 18 years while the maximum age
limit shall be 28 years.

Provided that in the case of candidates belonging to the Backward Classes, an

upper age limit shall be 33 years.

Rule 10.­­ No candidate who has not passed the Lower Standard
Departmental Examination prescribed by the High Court shall be confirmed as a Clerk.

(ii) A candidate shall be required to pass the Lower Standard Departmental

Examination within a period of three years from the date of his continuous officiation as
a Clerk. The District Judge may, in suitable cases, extend this time limit by a period of
two years. Further extension of the time limit shall be in the discretion of the High Court.

(iii) A candidate who fails to pass the Lower Standard Departmental

Examination prescribed by the High Court within the time permitted by clause (ii) above
shall be liable to lose his seniority as a clerk and to be reverted as English or Regional
Language Section Writer.

Rule 11.­­ If a candidate who is otherwise eligible to officiate intermittently

in short term vacancy while within the age limit, becomes age barred before he gets an
opportunity to officiate continuously, his case shall be referred to the High Court for
relaxation of the upper age limit :

Provided where the upper age limit in the case of any such candidate has been
once relaxed by High Court, it shall not be necessary to approach High Court once again,
for relaxation of age if such candidate is subsequently discharged and has to be appointed
again.

Rule. 12 (a) A confidential sheet shall be maintained for each candidate

appointed to a Class III post by each Judicial Officer under whom the candidate is to
work on every appointment even though such appointment may be for a very short
duration. Such sheet shall be maintained in the same form as the one prescribed by
Government for the maintenance of the confidential record of a Class III Government
servant.

(b) For a candidate appointed to a Class IV post, such confidential sheet shall
be maintained by each Judicial Officer under whom he works on every appointment even
though such appointments may be for a very short duration in the form prescribed in
para. 579 of Chapter XXXI of the Civil Manual.

Rule 13.­­ The District Judge shall examine the confidential record so
maintained of each candidate from time to time but at least once in very year and shall
remove from the list the name of any candidate, who on the material date, is not
officiating in any vacancy, if, in the opinion of the District Judge, he is below the average
standard of conduct, character or efficiency.

Rule 14. ­­ The District Judge shall give a candidate an opportunity of being
heard and shall record brief reasons before ordering the removal of his name from the
list, under rule 13 above.

Rule 15.­­ An appeal shall lie from the decision of the District Judge to the
High Court in respect of matters connected with the rank in candidates' list, removal from
the list or seniority acquired on previous officiating service.

Rule 16.­­ Notwithstanding anything contained in the aforesaid rules, the

High Court of its own motion or otherwise may call for a list or lists of candidates
prepared by the Advisory Committee or papers relating to the selection or appointment of
a candidate and where it has reason to believe that there has been an infringement of any
of the aforesaid rule, it may ­­

(a) cancel or modify any list or lists prepared by the Advisory Committee;
(b) cancel or modify an order passed by the District Judge removing from any
such list the name of a candidate.
 Rule 17.­­ These rules shall come into operation at once.

APPENDIX B

(Paragraph 626)

Rules for licensing of Petition­Writers in Civil Courts.­­

(i) The District Judge may from time to time by notification, duly published
in the Maharashtra Government Gazette, direct that from such date as he may prescribe
these rules shall be in force in all or any of the Civil Courts of the district (other than
Mamlatdars' Courts) and may be like notifications suspend their operation in any such
Courts.

(ii) When these rules are in force in any Court, no person other than a duly
qualified lawyer entitled to practise in the Court or his clerk holding the necessary permit
under the rules made in that behalf shall be permitted to prepare or write pleadings,
applications, affidavits, or any other legal documents within the precincts of such Court,
unless he shall first have obtained from the Judge presiding over the Court a petition­
writer's licence, which, if issued in any Court subordinate to the District Court or in
Small Cause Court, shall be subject to confirmation by the District Judge.

(iii) The District Judge shall in consultation with the Judge presiding over the
Court fix the maximum number of petition­writers to be licensed in each Court.

(iv) Subject to the provisions of rule (iii), the Judge presiding over the Court
may in his discretion issue to selected applicants licences in the form given below which
shall remain in force till suspended or cancelled by competent authority. Temporary
licences may be issued to fill temporary vacancies.

(v) No such licence shall be granted to any clerk, bailiff or peon in the service
of Government or to the clerk of any lawyer practising in the district.

(vi) Every applicant for a licence shall produce a certificate of good character
signed by two lawyers practising in the Court or other reputable and responsible persons
known to the Judge presiding over the Court.
 (vii) Every licensed petition­writer shall attend the Court daily during office
hours and shall not absent himself without leave. He shall charge such fees only as may
be sanctioned by the Judge presiding over the Court not exceeding the scale hereto
annexed. He shall subscribe his name on every document written by him and shall note
thereon the date and the fee charged. He shall keep a register in the following form and
shall show it to the Judge presiding over the Court when required :­­

Date Name of the client and the Nature of document written Fee charged
opponent, if any (e.g., plaint, affidavit, etc.)

(viii) No licensed petition­writer shall act as a law tout or receive any fee for
introducing clients to lawyers.

(ix) No licensed petition­writer shall directly or indirectly bid for any

property sold at a Court­sale.

(x) Any person committing a breach of the provisions of rule (ii) shall be
liable to a fine not exceeding fifty rupees which may be imposed by the Judge presiding
over the Court. The Judge presiding over the Court may also impose a fine not exceeding
twenty­five rupees on any petition­writer or suspend or cancel the licence of any petition­
writer who commits any breach of the provisions of rules (vii), (viii) and (ix) or who is
guilty of any other misconduct. All punishments inflicted under this rule shall be inflicted
by an order in writing, after giving the person affected there­by an opportunity of being
heard in his defence, and all such punishments excepting fines not exceeding two rupees
impossed by a Judge presiding over any Court subordinate to the District Court shall be
subject to an appeal to the District Judge. No appeal shall lie from an order, whether
original or appellate, passed by the District Judge.

Provided that the Judge presiding over the Court of the District Judge, may,
for reasons to be recorded in writing, suspend the petition­writer, pending inquiry with
regard to his misconduct, if it is expedient to do so in the interest of administration.

(xi) A copy of these rules shall be hung up in a conspicuous place in each

Court in which they are in force.

Maximum Scale of Fees

 Description of the Document Maximum Fees
Rs. Ps.
Plaint or Written Statement ­­­
(a) In suits of the nature of Small causes where no 4.00
1 Second Appeal lies and in suits for rent or arrears of
land revenue.
(b) In all other suits. 6.00

Memorandum of Appeal (Regular and

Miscellaneous)­­
(a) From a decree in a suit described at Item No.1(a) 4.00
2 above and from an Order (Section 104 and Order
XLIII, Rule 1 of the Civil Procedure Code).
(b) From a decree in a suit described at Item No.1(b) 5.00
above.
Memorandum of Objections under Order XLI, Rule 5.00
3 2 of the Civil Procedure Code.

Applications ­­
(a) For execution of a decree in a suit mentioned at
Item No.1 (a) above. 4.00
4 (b) For execution of a decree in a suit mentioned at
4.00
Item No.1 (b) above.
2.00
(c) Not otherwise provided for.

Any other legal document, such rate as may be 5.00

5 agreed on or in the absence of agreement.
 Description of the Document Maximum Fees
Rs. Ps.
For additional copies of document mentioned at any Half of the fees prescribed for
of the Items No. 1 to 5 above. the original, for the first copy
th
and 1/4 of the fee for the
additional copy, if the copy
made by hand or by typing
6 separately and half of the fees
prescribed for the original for
every set of two additional
copies if the copies are made
with the help of carbon paper by
hand or by typing.

For copies of documents not covered by Item No. 6 Re.1 for per full page or part
above. thereof if the copies made
separately by hand or by typing
7 and Re.1 for every set of two
copies if the copies are made
with the help of carbon paper by
hand or by typing.

Note :­ (1) The above fees are inclusive of paper cost and shall apply to documents and copies in
English language as well as in the regional language.

(2) The above amendment will come into force from the date of publication of this Notification in
Maharashtra Government Gazette.

FORM OF LICENCE TO PETITION WRITER

In the ....................................................... Court of ................................................

To,

You are hereby appointed a petition­writer in the Court of ...............................................

subject to the rules framed by the High Court in this respect.

Seal. Civil Judge.

CHAPTER XXXI­A

Summons Service through Courier

628­A. The following are the guidelines as regards service through Courier of service
of Summons when given to the plaintiff for service :­

(i) The District Judge shall prepare a panel of courier agency for the purpose
of sub­rule (i) of Rule 9 of Order V, Keeping in view reputation of courier agency, annual
turn over, income tax payment and the tangible assets thereof. The empanelling of
reputed Courier agencies shall be made by the Advisory Committee of each District.

(ii) The summons may be sent through courier agency only when it is proved
to the satisfaction of the Court, on the basis of affidavit filed by the concerned party, that
the defendant is avoiding to accept summons.

(iii) In case of service through courier agency. If defendant does not appear
and the suit is to be set exparte. It would be necessary for concerned Courier agent to file
affidavit about due delivery of the courier packet / parcel containing the summons to the
defendant or member of his family. Such affidavit of Courier agent shall contain name of
the person to whom the summons was delivered, the name of the persons who were
present at that residence of the defendant, at the time of service, and a brief
identification / topography of the residential premises where the delivery was made.

(iv) The courier agent shall be informed that in case such affidavit filed by the
agent / servant is found to be false, then the servant and the owner or directors of the
courier company shall be liable for criminal prosecution on charge of perjury and will be
sentenced after a summary trial as provided under section 344 of Criminal Procedure
Code and in addition such Courier Agency may be black listed.

(v) The Advisory Committee of the District Court shall as far as possible,
empanel the Courier Agency having computerized system to track done progress of the
courier parcel / packet through transit and up to the stage of service.

(vi) Where the summons is given to the plaintiff for service on defendant, if
shall be necessary for plaintiff to visit residence of the defendant in the presence of at
least one reputed witness.

(vii) Where the plaintiff is allowed to undertake service of summons on

defendant, then the plaintiff shall give his affidavit about service and shall give details of
the time of his visit to the residence of the defendant, persons who were present at such
residence, topographical account of the residential premises and the name of person who
had accompanied him at the time of service.

(viii) Where the plaintiff is given the work to effect service of summonses on
defendant, the court may direct him to take help of Junior Advocate and such Advocate
shall filed affidavit about the service instead of the affidavit of plaintiff and / or his
witness, and the same manner as stated above.