Jharkhand Gazette, No. 275, 29 May 2023

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THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

25 VAISHAKH, 1945 (S)

No. 275

RANCHI, MONDAY 15th MAY,2023

HIGH COURT OF JHARKHAND, RANCHI -------- NOTIFICATION 15th May, 2023

No.09/2023/R&S--

HIGH COURT OF JHARKHAND ADVOATES' CHAMBERS (ALLOTMENT &

OCCUPANCY) RULES, 2023

1. (i) These Rules may be called "High Court of Jharkhand Advocates' Chamber (Allotment & Occupancy) Rules, 2023".

(ii) These Rules shall come into force from the date of its notification.

2. Allotment of the Chambers shall be made by a Committee constituted by the Chief Justice of the High Court and all such allotments shall be subject to approval of the Chief Justice.

3. The Committee to be constituted by the Chief Justice shall comprise of three sitting Judges of the High Court, President and General Secretary of High Court of Jharkhand Advocates' Association, Ranchi.

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4. The category wise allotment shall be made only to such Designated Senior Advocates/Senior Advocates/Advocates of the High Court of Jharkhand as are members of High Court of Jharkhand Advocates' Association, who regularly practice in High Court of Jharkhand, Ranchi as per Jharkhand State Bar Council Records and reside in Ranchi.

5. The Chambers to be allotted shall be of two categories;

Category-I - chambers earmarked for designated Senior Advocates;

Category-II-chambers meant to be allotted individually/jointly to other Advocates.

No Chamber will be allotted to any Advocate who has a chamber in Ranchi District Bar Association (RDBA).

6. The Chambers of the Category-I are earmarked for individual allotment to the designated Senior Advocates, who have regular appearance before the High Court of Jharkhand, Ranchi;

Provided that if the number of eligible Senior Advocates are less than number of Chambers of Category-I available, the allotment of these Chambers shall be made to the Advocates other then the Designated Senior Advocates on the basis of seniority.

7. The Chambers of the Category-II shall be available for allotment to the Advocates having ten (10) years of regular practice in High Court of Jharkhand, subject however to condition that such Advocate should have filed power/vakalatnama in minimum 12 cases as an advocate (which shall not include interlocutory/stay applications) and his name should appear in at least 5 orders in preceding two years ending on last date of month preceding the date of issue of notice inviting applications for allotment by the High Court. The allotment shall be made on the basis of seniority at the Bar, to be reckoned from date of membership of Jharkhand High Court Advocates' Association, subject to condition of possessing the required number of filing of power/vakalatnama.

8. The Registrar General of the High Court of Jharkhand shall notify the Chambers available for allotment by a notice published in the website of High Court of Jharkhand. A copy of the notice shall also be forwarded to the High Court of Jharkhand Advocates' Association Ranchi.

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9. The eligible designated Senior Advocates/Advocates shall submit their application duly forwarded by the President/General Secretary of Advocates' Association, High Court of Jharkhand for allotment of the Chambers of Category-I and Category-II to the Registrar General, High Court of Jharkhand in the prescribed form A and B respectively, within the stipulated time alongwith application fee a sum of Rs. 5000/-. The application fee shall be paid by NEFT in the Bank Account of Registrar General, High Court of Jharkhand or by pay order/demand draft in favour of Registrar General, High Court of Jharkhand.

10. The applications received shall be scrutinized by the High Court of Jharkhand, Ranchi, and the list of the eligible Advocates shall be published in the website of High Court of Jharkhand.

11. The Registry of the High Court of Jharkhand shall submit the applications for consideration before the Committee, which after consideration of the applications as per the norms laid down, shall make recommendation for allotment of Chamber of Category-I and Category-II to the Chief Justice and on approval being granted by the Chief Justice of High Court of Jharkhand, the Registrar General of High Court of Jharkhand shall publish the list of the Senior Advocates/Advocates, who are allotted the Chambers. It is made clear that the Chamber number shall be allotted preferably in order of seniority of the Senior Advocate/Advocate.

12. Upon allotment of the Chambers, the allottees shall have to deposit for Chamber Category-I a sum of Rs. 2,00,000/- and for Chamber Category-II a sum of Rs. 1,00,000/- for each applicant as security deposit, which shall be refundable on termination of allotment in the situations specified hereinafter.

The amount shall be paid by NEFT in the Bank Account of Registrar General, High Court of Jharkhand or by pay order/demand draft in favour of Registrar General, High Court of Jharkhand within 15 days from the date of publication of final allotment list. The amount deposited as security deposit shall be kept in fixed deposit in the Nationalized Bank in the name of Registrar General, High Court of Jharkhand.

13. The Chambers shall be allotted on non-transferable license basis. The license fee for Chambers Category-I payable monthly shall be Rs. 1500/-. For Chambers Category-II license fee shall be Rs. 1000/- per month. The aforesaid4 Jharkhand Gazette (Extraordinary), Monday, 15th May, 2023 license fee shall be exclusive of electricity, water and common amenities charges and other charges, if any. The license fee shall be subject to revision by the High Court of Jharkhand from time to time.

14. The allottee shall have no right to claim suspension of license fee in whole or in part for any reason whatsoever.

15. The license fee and other charges shall be payable also for the period during which the Court remains closed.

16. The individual licensee shall take separate electricity supply connection from the concerned electricity department/company and shall pay the electricity charges regularly as per the bill to the concerned electricity department/company.

17. In addition to the license fee, the licensee shall be liable to pay scavenging charges for the common facilities for Chambers. The amount of scavenging charges shall be decided by the committee to be formed by the allottees of chambers engaging/hiring any appropriate outsourcing agency.

18. The license fee and other charges specified as aforesaid, shall be payable in advance by the Seventh day of each month in cash/ NEFT in the Bank Account of Registrar General, High Court of Jharkhand or by pay order/demand draft drawn on a local bank in favour of Registrar General, High Court of Jharkhand, Ranchi. It will be open for the licensee to deposit the license fee and other charges every year in advance.

19. The licensee to whom a Chamber has been allotted as aforesaid shall not use or cause or permit to be used the said Chamber in any other way than as an Advocate Chamber.

20. The furnishing of the Chambers shall be carried out by the licensee at his own expense. No licensee in respect of a Chamber allotted shall at any time during the continuance of allotment carry out or caused to be carried out any structural, additional or alteration in the Chamber without consent in writing of the Chief Justice or his nominee.

21. No licensee shall transfer, assign or sub-let the Chamber allotted to him in favour of any other person; nor shall such licensee share the Chamber with any other Advocate unauthorisedly.

22. The licensee shall be responsible for proper up-keep and maintenance of the Chamber in accordance with Municipal laws and such directions as may be issued by the Registrar General as per instructions of the Chief Justice.

23. No licensee shall use his Chamber before 6 a.m. and after 10 p.m.

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24. The Chambers shall be property of the High Court of Jharkhand and shall remain completely under its control.

25. The allotment shall be effective from the date on which Chamber is made available for occupation pursuant to an order of allotment. The possession of the Chamber shall be handed over only after deposit of the security deposit and the advance license fee. If the Chamber is not occupied within a period of two weeks of the allotment, the same shall be deemed to be cancelled and the same will be allotted to any suitable Advocate.

26. The licensee shall indemnify the High Court of Jharkhand against any loss or claim preferred against him/her by third parties as a result of acts/omission of licensee or his agents.

27. The allotment made may be cancelled at any time by the Chief Justice on breach of any of the terms and conditions of the license/conditions specified in the letter of allotment issued under these rules.

28. The allotment shall terminate:

(a) on its cancellation by the Chief Justice; or

(b) on its surrender by the licensee concerned; or

(d) on licensee's name being removed from the roll of the Bar Council; or (e) on licensee failing to deposit license fee and/or scavenging charges for six months; or

(f) on the death of the licensee; or

(g) on the licensee being elevated to the Bench of the High Court/Supreme Court.

(h) on its transfer, assign or sublet by the allottee.

However, in case of joint allotment, the remaining allottees shall continue to occupy the Chamber and the addition of the allottee shall be made in accordance with the allotment procedure laid down as aforesaid.

29. If the allotment is cancelled or terminated under these rules, the licensee, heirs of the deceased licensee or other occupants occupying the Chamber shall vacate the Chamber within a period of 30 days from the date of cancellation/termination of allotment, as the case may be and the occupation of such Chamber beyond the period of 30 days will be treated as unauthorized6 Jharkhand Gazette (Extraordinary), Monday, 15th May, 2023 occupation and penal/market rent, as may be fixed from time to time, shall be charged apart from other action for recovery of possession as per applicable law.

30. On the death of the licensee, the Allotment Committee may consider the allotment of Chamber to the sons/daughters of the deceased licensee subject to the condition that he/she fulfills the eligibility conditions prescribed for allotment of the Chamber of the concerned category.

31. The High Court of Jharkhand may from time to time make such amendments and addition to these rules, as may be necessary and expedient.

32. The Chief Justice may, for reasons to be recorded in writing, relax any condition or conditions prescribed by these Rules in appropriate cases.

33. If any question arises as to interpretation of these rules, the decision of the Chief Justice shall be final.

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Jharkhand Gazette (Extraordinary), Monday, 15th May, 2023 7

PHOTO

Form A

(Application form)

HIGH COURT OF JHARKHAND, RANCHI

APPLICATION FOR ALLOTMENT OF ADVOCATES CHAMBER

CATEGORY-I

1. Name of Advocate : ____________________________ 2. Father's Name : ____________________________ 3. Name of the Spouse : ____________________________ 4. Address :(a)Present Address : ____________________________ (b)Permanent Address : ____________________________ (c)Contact Number : Office _____________________ Residence_________________ Mobile_____________________ E mail_____________________ 5. Whether the applicant (s) is/ are : ____________________________ Permanent resident of Ranchi (if yes, Please enclose appropriate proof) 6. Enrollment number and date as an : ____________________________ Advocate in Jharkhand State Bar Council. 7. Enrollment number and date of : ____________________________ Designation as Senior Advocate 8. Membership No. & Date of Registration : ____________________________ In Advocates' Association (Please enclose the documentary proof) 9. Whether the applicant is /are standing : ____________________________ Counsel to any institution. If yes, give details. 10. Total number of cases (with details in : ____________________________ which appeared in the High Court of Jharkhand on behalf of the parties (in last two years) (Separate Sheet be enclosed containing details of cases in which applicant has filed power/vakalatnama/order sheet)

DECLARATION

I, hereby declare that all the information stated above are true, complete and correct as per my knowledge. If any information is found false, incorrect or misleading, I shall have no Claim for allotment of chamber.

Place :-________________ Applicant's Signature

Date:- ________________

Note. The information furnished herein above has been certified from the relevant records and found true & correct.

President/ General Secretary

(High Court of Jharkhand Advocates' Association)8 Jharkhand Gazette (Extraordinary), Monday, 15th May, 2023 PHOTO

Form B

(Application form)

HIGH COURT OF JHARKHAND, RANCHI

APPLICATION FOR ALLOTMENT OF ADVOCATES CHAMBER

CATEGORY-II

Mobile_____________________ E mail_____________________ 5. Whether the applicant (s) is/ are : ____________________________ Permanent resident of Ranchi (if yes, Please enclose appropriate proof) 6. Enrollment number and date as an : ____________________________ Advocate in State Bar Council. 7. Membership No. & Date of Registration : ____________________________ In Bar Association (Please enclose the documentary proof) 8. Whether the applicant is /are standing : ____________________________ Counsel to any institution. If yes, give details. 9. Total number of cases (with details in (a)For Petitioner/Applicant/Appellant___ which appeared in the High Court of Jharkhand on behalf of the parties (in last two years) (Separate Sheet be enclosed containing details of cases in which applicant has filed power/vakalatnama /order sheet) (b) For respondent/Non-Applicant______

DECLARATION

Place :-________________ Applicant's Signature Date:- ________________ Note. The information furnished herein above has been certified from the relevant records and found true & correct.

President/ General Secretary

(High Court of Jharkhand Advocates' Association)

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By order of the Court,

Mohammad Shakir, Registrar General.

Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi. Jharkhand Gazette (Extraordinary) 275 -- 50.