[ 1127 ]
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
(G.O. Ms. No. 26/2022-LD., Puducherry, dated 02nd December 2022)
NOTIFICATION
Whereas, the Hon’ble High Court of Judicature at Madras vide
R.O.C. No. 90106/2019/Pondy, dated 05-02-2020 of the Registrar-General,
Hon'ble High Court of Judicature at Madras, has approved for the proposal
for setting up of Fast Track Court for the offences under the Protection
of Children from Sexual Offences (POCSO) Act, 2012, in Puducherry and
has further directed the Chief Judge, Puducherry, to provide required
particulars such as staff requirement, infrastructure and other requirements
as mandated by the Hon’ble Supreme Court of India, in suo moto W.P.(Crl.)
No. 1 of 2019, dated 25-07-2019 to the Government of Puducherry;
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No. 71 Poudouchéry
Mercredi
7
Décembre
2022
No.
Puducherry
Wednesday
7th
December
2022
(16 Agrahayana 1944)
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LA GAZETTE DE L'ETAT
[PART–II
2. And whereas, the Hon’ble Chief Judge, Puducherry, has also
provided the required particulars vide Letter No. 227/JD/A/2020, dated
02-03-2020 of the Judicial Department, Puducherry;
3. And whereas, the proposal for constitution of Fast Track Court
exclusively to deal with the offences under the POCSO Act, 2012 in
Puducherry was addressed to the Ministry of Home Affairs, Government
of India, New Delhi vide Letter No. 374/2020-LD, dated 19-05-2020 of the
Law Department, Government of Puducherry;
4. And whereas, the Department of Justice, Ministry of Law and
Justice, Government of India vide Letter F.No. 15011/13/2020-Jus.-ll/5487,
dated 20-01-2022 of the Department of Justice, Ministry of Law and
Justice, New Delhi, has informed that the request for establishment of
one exclusive POCSO Court, in the Union territory of Puducherry has been
approved under the Centrally Sponsored Scheme for setting up of Fast
Track Special Courts (FTSC);
5. And whereas, as per clause 6 of the Guidelines-2019 for the
Scheme for setting up of Fast Track Special Courts (FTSC);
(i) FTSCs are set up for one year initially and continued up to
March 2023 and the Scheme does not intend to create any permanent
infrastructure. The Courts will be made functional in suitable
premises taken on lease or as decided by the States/Union Territories
and respective High Courts;
(ii) Each FTSC shall have one Judicial Officer and seven Staff
Members. The Judicial Officer and staff shall work exclusively for
disposal of Rape and POCSO Act, cases as per the Scheme.
Additional charge of the FTSCs will not be given to any existing
Judicial Officer or Court Staff;
(iii) The States/Union Territories may engage Judicial Officers
and Court Staff on contractual basis, where, sufficient manpower is
not available. Services of retired Judicial Officers with relevant
experience may also be engaged to dispose of cases in the FTSCs;
(iv) The responsibility of setting up of FTSCs lies with the State
and Union Territory Governments. The State/Union Territory
Governments will take requirements from the High Courts and draw
up an action plan of implementation;
(v) Each FTSC will exclusively handle pending cases of Rape and
the POCSO Act. No other cases of crime against women and children
should be transferred to these Courts;
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(vi) FTSCs will function full-time;
(vii) FTSCs will be linked to National Judicial Data Grid.
6. And whereas, as per clause 8 of the Scheme Guidelines, the
Scheme will be implemented by the State/Union Territory Governments
and High Courts in close coordination and the State/Union Territory
Governments will take requirements from High Courts and set up FTSCs,
appoint Judicial Officers and staff and make necessary arrangements for
functioning of these Courts;
7. And whereas, the details of the posts proposed by the Judicial
Department for the constitution of Fast Track Court exclusively to deal
with offences under the POCSO Act, in Puducherry is as detailed below:-
Sl.
Name of the Post
No. of the Scale of Pay/Level in the
No.
Posts to
Pay Matrix
be created
(1)
(2)
(3)
(4)
1
District Judge
1
51,550-1,230-58,930-1,380-
63,070 (as per All India
Judicial Pay Commission)
2
Head Sarishtadar
1
Level-6
3
Sarishtadar
1
Level-6
4
Senior Grade Stenographer
1
Level-6
5
Senior Clerk
3
Level-4
6
Junior Clerk
4
Level-2
7
Typist
1
Level-2
8
Driver
1
Level-2
9
Multi Tasking Staff
2
Level-1
(Copyist/Amin)
10
Multi Tasking Staff (General)
2
Level-1
Total No. of posts
17
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LA GAZETTE DE L'ETAT
[PART–II
8. And whereas, the segregation with respect to the category of
the sanctioned seven Staff Members was requested from the Hon’ble
High Court vide No. 374/2020-LD., dated 27-07-2022 of the Law
Department, Government of Puducherry;
9. And whereas, the Hon’ble High Court vide R.O.C. No. 90106/
2019/Pondy, dated 24-08-2022 of the Registrar-General, Hon’ble
High Court of Judicature at Madras, has directed the Chief Judge,
Puducherry, to segregate with respect to the category of the sanctioned
seven Staff Members, as per clause 6 of the Scheme Guidelines-2019;
10. And whereas, the Judicial Department vide Letter No. 1055/
JD/A/2022, dated 26-08-2022 of the Chief Judge, Puducherry, has
furnished the segregation of the categories in respect of sanctioned
seven numbers of Staff as follows:–
Sl.
Name of Post
No. of
No.
posts
required
(1)
(2)
(3)
1
Senior Grade Stenographer
1
2
Senior Clerk
1
3
Junior Clerk
1
4
Typist
1
5
Driver
1
6
Multi Tasking Staff (General)
2
Total No. of Posts
7
11. And whereas, vide Letter No. 1173/JD/A/2022, dated
20-09-2022, the Judicial Department, Puducherry, has forwarded the
R.O.C. No. 90106/2019/Pondy, dated 16-09-2022 of the Hon’ble High
Court, Chennai. Wherein, the High Court has directed the Chief Judge,
Puducherry, to address the Government of Puducherry for issuance of
revised Orders for sanction of one Judicial Officer and 7 supporting Staff
Members on regular basis, instead of contractual basis, for the
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functioning of the newly constituted Fast Track Special Court exclusively
to deal with offences under POCSO Act, 2012, in the Union territory of
Puducherry;
12. And whereas, the Judicial Department, Puducherry, has
addressed Letters, dated 20-09-2022 and 23-09-2022 to the Law
Department, Puducherry and hence, considering the Letter received from
the Chief Judge, Puducherry and the justifications furnished therein for
creation of posts for Fast Track Court for POCSO cases on permanent
basis, the Law Department has proposed for the issuance of the revised
G.O. as requested by the Hon’ble High Court of Judicature at Madras
as it is prevailing in the neighbouring State of Tamil Nadu that the Fast
Track Court for POCSO cases are functioning with the Judicial Officer
alongwith the staff on permanent basis;
13. And whereas, the earlier G.O. Ms. No. 16/2022-LD, dated
02-09-2022 of the Law Department, Government of Puducherry published
vide Part-II of Extraordinary Gazette No. 50, dated 02-09-2022 of the
Government of Puducherry sanctioning one Judicial Officer and seven
Staff Members on contract basis may be superseded;
14. Now, therefore, in supersession of the G.O. Ms. No. 16/2022-LD,
dated 02-09-2022 of the Law Department, Government of Puducherry, the
Lieutenant-Governor, Puducherry, is pleased to sanction one post of
Judicial Officer and seven posts of Staff Members for the constitution
of Fast Track Court exclusively to deal with offences under the POCSO
Act in the Union territory of Puducherry on permanent basis;
15. The expenditure is debitable from the New CSS Head – Central
Share Head (60%) – “2014 – Administration of Justice – 103 – Special
Courts – (01) – Setting up of Fast Track Court to deal with offences under
the POCSO Act (CSS) – (01) – Puducherry Region – (50) – Other
Charges”; State Share Head (40%) – “2014 – Administration of Justice –
103 – Special Courts – (02) – Setting up of Fast Track Court to deal with
offences under the POCSO Act (CSS) – State Share – (01) – Puducherry
Region – (50) – Other Charges” in the Budget of the Financial year.
16. This G.O. is issued with concurrence of the Finance Department
vide their I.D. Note No. 1352/FD/F3/FC/2022-23, dated 17-11-2022.
(By order of the Lieutenant-Governor)
S. KARTHIKEYAN,
Secretary to Government (Law).
online publication at “https://styandptg.py.gov.in”
Published by The Director, Government Press, Puducherry.