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G-88.

R.N.I. No. TELMUL/2016/73158.

[Price : `

`. 6-00.

HSE.No.1051/2020-2022.

RULES SUPPLEMENT TO PART-I

EXTRAORDINARY

THE TELANGANA GAZETTE

PUBLISHED BY AUTHORITY

No. 07 ]

HYDERABAD, TUESDAY, APRIL 20, 2021.

NOTIFICATIONS BY GOVERNMENT

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LAW DEPARTMENT

(LA,LA&J-Home-Courts.A2)

AMENDMENT TO RULES TO REGULATE THE TRIAL OF ELECTION

PETITIONS UNDER REPRESENTATION OF THE PEOPLE ACT,

1951 - INSERTION OF NEW RULE 11-A AFTER RULE 11 OF

RULES TO REGULATE THE TRIAL OF ELECTION PETITIONS

UNDER REPRESENTATION OF THE PEOPLE ACT, 1951.

[G.O. Rt.No.210, Law (LA,LA&J-Home-Courts.A2), 20^th April, 2021.]

Under the provisions of Section 122 of Civil Procedure Code,

1908 and with the previous approval of the State Government,

the High Court has made the following Amendment to Rules to

Regulate the trial of Election Petitions under Representation of

the People Act, 1951.

TELANGANA GAZETTE EXTRAORDINARY [Part -I

AMENDMENT

Insertion of new Rule 11-A, after Rule 11 of Rules to Regulate the trial of

Election Petitions under Representation of the People Act, 1951:

“11-A: Evidence on Commission at Court’s discretion:

Commissions to examine parties & witnesses :-

Notwithstanding anything contained in Order XXVI of the Code

of Civil Procedure, 1908, the Court may, at its discretion, in

any Election Petition, at any stage, direct that the parties and

witnesses be examined on Commission. The evidence

recorded on Commission shall be read as evidence in the

Election Petition.

AMENDMENT TO CIVIL RULES OF PRACTICE AND CIRCULAR

ORDERS, 1980 - INSERTION OF NEW RULE IN CHAPTER VIIA,

AFTER RULE 82 OF CIVIL RULES OF PRACTICE AND

CIRCULAR ORDERS, 1980 AS RULE 82-A REGARDING

ELECTRONIC PROCESS SERVICE RULES.

[G.O. Rt.No.211, Law (LA,LA&J-Home-Courts.A2), 20^th April, 2021.]

Under the provisions of Section 122 of Civil Procedure Code, 1908 and with

the previous approval of the State Government, the High Court has made the

following Amendment to Civil Rules of Practice and Circular Orders, 1980.

AMENDMENT

Insertion of new Rule in Chapter VIIA, after Rule 82 of Civil Rules of Practice

and Circular Orders, 1980 as Rule 82-A regarding Electronic Process Service

Rules:

Rule 82-A : Civil Rules of Practice of Circular Orders, 1990 :

The method of service under Electronic/Digital Application.

(i)

Once the service of process has been ordered by the Court, the

parties or their Advocates on whose behalf such summons or notices

are issued, shall deposit the prescribed process fee and forms.

(ii)

on such deposit of fee and forms, the office of the Court shall generate

and issue the process

(iii)

on such generation or issuance of process, the process service

Nazarath establishment shall transmit the manual (in hard copy form)

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RULES SUPPLEMENT

or electronic process to the Court within whose limits the proposed

recipient of such process actually resides or works for gain.

(iv)

in the event the proposed recipient of process resides or works for

gain within the limits of the court which has issued the process, the

process service establishment shall allocate the process to the process

serving staff electronically as well as manually (in hard copy form)

within 48 hours from the time of receiving such process into that

establishment.

(v)

On receipt of such processes manually (in hard copy form) and

electronically, the process server physically shall affect the service

of such processes in any or all of the following modes:

by tendering the original copy of process to the

person to whom it is addressed and shall obtain

the acknowledgment from the recipient and with

the permission of such recipient, shall take the

photograph showing the handing over of

process.

Provided that if the recipient is a ‘Pardanashin’

woman, the service of process may be affected

to any male member of her family and subject

to the above, photograph may be taken to that

affect.

After service of such process, the process

serving officer shall obtain the signature or

thumb impression of the recipient on the physical

copy and also obtain the signature or thumb

impression digitally on the device entrusted to

such process serving officer in electronic mode

and shall save such photograph and signature

or thumb impression taken.

the process serving officer shall also draw the

location as to the service of process on the

addressee by using Geographical Positioning

System tool in the device entrusted to him and

shall save the location of service of such

process.

TELANGANA GAZETTE EXTRAORDINARY [Part -I

(vi)

After completion of service of such process, the process serving

officer shall save and upload the photograph as to the proof of service,

electronic signature and Geographical Positioning System location

together and shall make an endorsement in the device while submitting

the service report to the establishment.

(vii)

In the event the house premises of the person to whom the process

is proposed to be served is closed or locked, the process serving

officer shall take the photograph showing such locked premises and

shall make an endeavour to obtain the signature of a respectable

inhabitant of that locality, as proof. The process serving officer shall

also draw the Geographical Positioning System location of that closed

premises in the aforesaid manner and shall submit a consolidated

report to the process service establishment.

(viii)

In case of refusal of such process by the person on whom it is to be

served, the process serving officer shall draw the Geographical

Positioning System location of that place where he attempted the

service and shall also make an endeavour to get attested his report

by a respectable person of that locality.

(ix)

In case of affixture of such process at the outer door of the house

premises of the person on whom the process is proposed to be served,

the process serving officer shall take the photograph evidencing such

affixture and shall make an endeavour to obtain the signature of at

least one inhabitant of that locality and shall also draw the

Geographical Positioning System location, as token of proof.

(x)

After submission of report by such process serving officer, the process

service establishment shall make necessary endorsement manually

and electronically and then shall forward the same to the court from

which such process has been sent for service.

(xi)

The processes may also be served by other electronic mode by way

of sending the same through e-mail service. WhatsApp/Telegram

and other similar application as approved by the High Court from

time to time. However, in such cases, it is for the sender of such

process to prove the service.

(xii)

These Electronic Process Services Rules shall be construed as

enabling provisions and shall operate not in derogation but in addition

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RULES SUPPLEMENT

to the other process service rules provided in Civil Procedure Code,

1908 and the rules contained in this chapter and all other extant rules

or circulars regulating the service of processes in Courts.

A. SANTHOSH REDDY,

Secretary to Government,

Legal Affairs, Legislative Affairs & Justice.

Printed and Published by the Commissioner of Printing, Government of Telangana at

Government Central Press, Chanchalguda, Hyderabad.

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