123. Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule Committee, shall be constituted at [the town which is the usual place of sitting of each of the High Courts * * * referred to in section 122.]
(2) Each such Committee shall consist of the following persons, namely:—
(a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or * * * a Divisional Judge for three years,
[(b) two legal practitioners enrolled in that Court,]
[(c) a Judge of a Civil Court subordinate to the High Court, * * *
* * *
(3) The members of each Committee shall be appointed by the [High Court], which shall also nominate one of their number to be President:
* * *
(4) Each member of any such Committee shall hold office for such period as may be prescribed by the [High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the State in which the Committee was constituted, or becomes incapable of acting as a member of the Committee, the said [High Court] may appoint another person to be a member in his stead.
(5) There shall be a secretary to each such Committee, who shall be appointed by the [High Court] and shall receive such remuneration as may be provided in this behalf [by the State Government.]
State amendments
Assam.—
For clause (a) of sub-section (2) of section 123 the following shall be substituted—
“(a) three Judges of the High Court established at the town at which such Committee is constituted, provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the
number of Judges of the High Court does not exceed three.”
[Vide Assam Act 8 of 1953, sec. 2.]
Tamil Nadu Amendment of section 123, Central Act V of 1908.—In section (2) of section 123 of the Code of
Civil Procedure, 1908 ( Central Act V of 1908),- (a) in clause (b), for the words “two legal practitioners”, the words “three legal practitioners” shall be substituted.
(b) in clause (d), the word “Madras” shall be omitted.
[Vide Tamil Nadu Act 15 of 1970, s. 2]
Amendment notes
- Subs. by Act 13 of 1916, s. 2 and the Schedule, for “each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon”.
- The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and Sch. II These words were again ins. by Act 32 of 1925, and subsequently omitted by the A.O. 1948.
- The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and Sch. II.
- Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c).
- Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by s. 16, ibid. (w.e.f. 1-4-1951).
- The word “and ” omitted by Act 38 of 1978, s. 3 and Sch. II (w.e.f. 26-11-1978).
- Clause (d) omitted by s. 3, ibid. and Sch. II (w.e.f. 26-11-1978).
- Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).
- Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).
- Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”.