Karnataka High Court Act, 1961: Difference between revisions

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==Section 1==
==Section 1==
1. Short Title and Commencement.-
Short title.- This Act may be called the Madhya Pradesh Mantri (Vetan Tatha Bhatta) Adhiniyam, 1972.
(1)
This Act may be called the Karnataka High Court Act, 1961.
(2)
It shall come into force at once.
 
==Section 2==
==Section 2==
2. Definitions.—
Definition.- In this Act unless the context otherwise requires, "Ministers" includes "Chief Minister
In this Act,—
(1)
“Chief Justice” means the Chief Justice of the High Court of the State of Karnataka;
(2)
“Criminal Appeal” means an appeal which, under any law for the time being in force, lies to the High Court from an order or sentence passed by a subordinate criminal court in the exercise of its original criminal jurisdiction;
(3)
“First Appeal” means an appeal which, under any law for the time being in force, lies to the High Court, from a judgment, decree or order, made by a subordinate civil court in the exercise of its original civil jurisdiction;
(4)
“Full Bench” means a Bench consisting of not less than three Judges of the High Court;
(5)
“High Court” means the High Court of the State of Karnataka;
(6)
“Second Appeal” means an appeal which, under any law for the time being in force, lies to the High Court from a judgment, decree or order passed by a subordinate civil court in the exercise of its appellate civil jurisdiction.
==Section 3==
==Section 3==
3. Registrar and Deputy Registrars.—
3. Salaries of Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries. - There shall be paid to each Minister, Minister of State, Deputy Minister and Parliamentary Secretary, a Salary of Four thousand rupees per mensem.
(1)
The High Court shall have a Registrar and as many Deputy Registrars as may be determined by the Governor in consultation with the High Court.
(2)
The High Court may also have as many Additional Registrars, Joint Registrars and Assistant Registrars as may be determined by the Governor in consultation with the High Court.
 
==Section 4==
==Section 4==
4. Appeals from decisions of a single Judge of the High Court.—
Sumptuary Allowance, Constituency Allowance and Daily Allowance.- (1) There shall be paid to the Chief Minister a sumptuary allowance of Fifteen thousand rupees per mensem, to each Minister, a sumptuary allowance of Eight thousand rupees per mensem, to each Minister of State, a sumptuary allowance of Five thousand rupees per mensem and to each Deputy Minister and Parliamentary Secretary a sumptuary allowance of One thousand five hundred rupees per mensem.
An appeal from a judgment, decree, order or sentence passed by a single Judge in the exercise of the original jurisdiction of the High Court under this Act or under any law for the time being in force, shall lie to and be heard by a Bench consisting of two other Judges of the High Court.
(2) There shall be paid to each Minister, Minister of State, Deputy Minister and Parliamentary Secretary a Constituency allowance of Eight thousand rupees per mensem.


(3) There shall be paid to each Minister, Minister of State, Deputy Minister and Parliamentary Secretary a Daily allowance of Five hundred rupees per day during the term of office.]
==Section 5==
==Section 5==
5. First appeals.—
Residence of Ministers, etc.- (1) Each Minister, Minister of State, Deputy Minister and Parliamentary Secretary shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office at Bhopal and for the period of one month immediately thereafter, and no charge shall fall on the Minister or Minister of State or Deputy Minister or Parliamentary Secretary personally in respect of the maintenance of such residence.
Save as otherwise provided in this Act,—
Explanation. - For the purposes of this section, "residence" includes the staff quarters and other buildings appurtenant thereto and the garden thereof, and "maintenance" in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water.
(i)
all First Appeals against a decree or order passed in a suit or other proceedings, the value of subject matter which exceeds fifteen lakh rupees shall be heard by a Bench consisting of not less than two Judges of the High Court and other First Appeals shall be heard by a Single Judge of the High Court.
(ii)
all Criminal Appeals against Judgements in which sentence of death or imprisonment for life is passed and against Judgements of acquittal in cases in which offences are punishable with death or imprisonment for life shall be heard by a Bench consisting of not less than two Judges of the High Court and other Criminal Appeals shall be heard by a Single Judge of the High Court.


(2) If a Minister or a Minister of State, or a Deputy Minister or a Parliamentary Secretary docs not avail of the benefit of sub-section (1), he shall, in lieu thereof, be entitled to a house-rent allowance equal to twenty per centum of the salary payable to him under Section 3.
(3) In addition to a free furnished residence at Bhopal under sub-section (1), each Minister, Minister of State, Deputy Minister and Parliamentary Secretary shall also be entitled to the use of a furnished residence without payment of rent at any other place which the State Government may, from time to time for the purpose of this Act, declare to be the place of official residence of the Minister, Minister of State, Deputy Minister and Parliamentary Secretary, as the case may be, so long as such declaration remains in force.
(4) The expenditure to be incurred in respect of furnishing of the residence provided to a Minister, Minister of State, Deputy Minister and Parliamentary Secretary, as the case may be, under sub-section (1) shall be subject to the following monetary limits :-
Minister Thirty-five thousand rupees.
Minister of State Twenty-five thousand rupees.
Deputy Ministers Twenty thousand rupees.
Parliamentary Secretary Fifteen thousand rupees.
(5) The annual expenditure to be incurred in respect of upkeep, annual repairs and maintenance of the residence and garden provided under sub-section (1) shall be subject to such monetary limits as may be laid down by rule made in this behalf by the State Government.
==Section 6==
==Section 6==
6. Second Appeals.—
Conveyance for Ministers, etc.- (1) There shall be provided to each Minister, to each Minister of State, to each Deputy Minister and to each Parliamentary Secretary for his use a suitable motor vehicle purchased and maintained at public expense in accordance with the rules to be made by the State Government in that behalf.
All Second Appeals shall be heard and disposed of by a single Judge of the High Court:
(2) The State Government shall also provide at public expense [two chauffeurs] for each such motor vehicle, and also supply for each motor vehicle, motor fuel consumed for journeys (other than journeys for which travelling allowance is admissible) performed by each such motor vehicle subject to a maximum of three hundred and fifty litres per month in the case of a motor vehicle provided to a Minister, three hundred litres per month in the case of a motor vehicle provided to a Minister of State, two hundred and seventy-five litres per month in the case of a motor vehicle provided to a Deputy Minister, and two hundred and fifty litres per month in the case of a motor vehicle provided to a Parliamentary Secretary.
Provided that, if such Judge is satisfied that a substantial question of law is involved in the case, or that in the interest of justice, the case is to be heard and disposed of by a Bench of Judges, he may refer the Second Appeal for hearing and disposal to such Bench.
==Section 7==
[7. Medical attendance and treatment etc. to Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries. - (1) A Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary and the members of the family of the Minister, the Minister of State, the Deputy Minister and the Parliamentary Secretary, as the case may be, shall be entitled to medical attendance and treatment, free of charge, on the scale and conditions applicable to, the members of the All India Services and members of their families under the rules relating to medical attendance and treatment, made from time to time, under the All India Service Act, 1951 (LXI of 1951).


==Section 7==
(2) While on tour undertaken by him in the discharge of his official duties outside India, a Minister, a Minister of State, a Deputy Minister and Parliamentary Secretary shall also be entitled to such medical attendance and treatment, free of charge, as may be admissible to the Head of the Indian Mission at that place.]
7. Reference to Full Bench.—
(1)
Where in any proceeding pending before it, any question of law or usage having the force of law arises, a Bench consisting of not less than two Judges of the High Court may, if it thinks fit, and shall, if it differs from the view taken by a similar Bench of the High Court on the said question, refer to a Full Bench of the High Court the question of law or usage having the force of law.
(2)
The decision of the majority of Judges comprising a Full Bench of the High Court shall be the decision of the High Court.
==Section 8==
==Section 8==
8. Powers of single Judge to dispose of revision cases himself or refer the same to a Bench.—
Prohibition against practising any profession, drawing salary as member, etc.- A Minister, a Minister of State, a Deputy Minister, and a Parliamentary Secretary shall not:-
(1)
(a) during the tenure of his office for which he draws salary and allowance, practise any profession or engage in any trade or undertake for remuneration any employment other than his duties as Minister, Minister of State, Deputy Minister or Parliamentary Secretary; and
Any Judge of the High Court sitting alone, shall have power to hear and dispose of civil and criminal revision cases in exercise of the revisional jurisdiction vested in the High Court under any law for the time being in force, except cases relating to quashing of orders of commitment:
 
Provided that in exercise of such revisional jurisdiction in respect of proceedings of any criminal court such single Judge shall not impose a sentence of death or imprisonment for life or sentence of imprisonment exceeding seven years.
(b) while he draws salary and allowance for his office, be entitled to any salary or allowance as member of the Madhya Pradesh Legislative Assembly.
(2)
The decision or order of a single Judge in cases under sub-section (1) shall be final:
Provided that such Judge may, if he thinks fit, instead of disposing of any case as aforesaid refer such case to a Bench of two Judges for hearing and disposal.
==Section 9==
==Section 9==
9. Other powers of a single Judge.—
Travelling and Daily Allowance to Ministers, etc.- (1) A Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary shall, in accordance with the rules, made in this behalf by the State Government, be entitled to-
The powers of the High Court in relation to the following matters shall be exercised by a single Judge, provided that the Judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a Bench of two Judges:—
(a) travelling allowance for himself and the members of his family dependent upon him and for the transport of his and his family's effects-
(i)
 
determining in which of several courts having jurisdiction a suit shall be heard;
(i) in respect of the journey to Bhopal from his usual place of residence out of Bhopal for assuming office; and
(ii)
 
admission of an appeal in forma pauperis;
(ii) in respect of the journey from Bhopal to his usual place of residence out of Bhopal on relinquishing office; and
(iii)
 
exercise of original jurisdiction under any law for the time being in force;
(b) travelling and daily allowance in respect of tours undertaken by him in the discharge of his official duties whether by land, sea or air.
(iv)
 
appeals under rule 1 of Order XLIII of the First Schedule to the Code of Civil Procedure, 1908;
(2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof.
(v)
 
appeals in which the subject matter is as to costs only;
(3) In addition to travelling and daily allowances payable in respect of tours specified in clause (b) of sub-section (1), a Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary shall be entitled, without payment of any charge, to accommodation in and provision of electricity at, circuit houses and Rest Houses maintained by the State Government, for the period of their stay during such tours.
(vi)
 
any matter of an interlocutory character in appeals and other proceedings;
[9A. Allowances and perquisites to be exclusive of Income-tax. - All allowances payable and furnished residence without payment of rent and other perquisites admissible to a Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary under this Act shall be exclusive of income-tax which shall be payable by the State Government at the maximum rate payable by a Minister, a Minister of State, a Deputy Minister or a Parliamentary Secretary, as the case may be. Out of the total amount of income accruing from the above allowances and perquisites payable to a Minister, a Minister of State, a Deputy Minister or a Parliamentary Secretary, the amount of the limit of exemption from income-tax and standard deductions, whatsoever as admissible from time to time, shall not be deducted.]
(vii)
admission of an appeal presented after the expiry of the period allowed by the law of limitation;
(viii)
exercise of powers conferred by section 389, section 439 and section 440 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
(ix)
exercise of powers under section 24 of the Code of Civil Procedure, 1908, or under section 407 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974);
(x)
***
(xi)
appeals from interlocutory orders, where such appeals are allowed by law.
(xii)
exercise of powers under,-
(a)
clause (1) of article 226 of the Constitution of India except where such power relates to the issue of a writ in the nature of habeas corpus; and
(b)
articles 227 and 228 of the Constitution of India.
(xiii)
***
==Section 10==
==Section 10==
10. Other powers of a bench of two Judges.—
Notification respecting appointment etc. of Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries to be conclusive evidence thereof.- The date on which any person becomes or ceases to be a Minister, a Minister of State, a Deputy Minister, or a Parliamentary Secretary shall be notified in the Gazette and any such notification shall be conclusive evidence of the tact that he became or ceased to be a Minister, a Minister of State, a Deputy Minister or a Parliamentary Secretary on that date for all the purposes of this Act.
The powers of the High Court in relation to the following matters shall be exercised by a Bench of two Judges:—
(i)
a reference,-
(a)
under section 113 of the Code of Civil Procedure, 1908;
(b)
under section 395 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974).
(ii)
an application under rule 2 of Order XLV of the First Schedule to the Code of Civil Procedure, 1908;
(iii)
***
(iv)
exercise of powers under clause (1) of article 226 of the Constitution of India where such power relates to the issue of a writ in the nature of habeas corpus;
(iva)
an appeal from any original judgment, order or decree passed by a single Judge in exercise of the powers under clause (1) of article 226, article 227 and article 228 of the Constitution of India.
(v)
all other matters not expressly provided for in this Act, or any other law for the time being in force.
 
==Section 11==
==Section 11==
11. High Court to keep registers.—
Power to make rules.- (1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
The High Court shall keep such registers, books and accounts as may be necessary for the transaction of the business of the Court and shall forward to the State Government such copies of, or extracts from, the said registers, books and accounts, as well as such statement of the work done in the High Court and in the courts subordinate thereto, as may be required by the State Government.
(2) All rules made under this Act shall be laid on the Table of the Legislative Assembly.
==Section 12==
==Section 12==
12. Vacation Judge.—
Provisions of Section 9 (3) to have retrospective effect.- The provisions of sub-section (3) of Section 9 shall be deemed to have come into force on the 21st January, 1957.
(1)
==Section 13==
For the hearing of all matters, which require to be immediately or promptly dealt with during a vacation or adjournment of the High Court, the Chief Justice shall nominate a Judge of the High Court as vacation Judge, and such Judge shall during the vacation, exercise all the jurisdiction vested in the High Court, except in cases in which such jurisdiction must be exercised, under the provision of any law for the time being in force, by more than one Judge. Different single Judges may be appointed for different periods of a vacation or adjournment.
Repeal.- The Madhya Pradesh Salaries and Allowances of Ministers Act, 1956 (V of 1957), is hereby repealed.
(2)
It shall be competent for the Chief Justice during any vacation or adjournment of the High Court to constitute a Bench of Judges or a Full Bench for the hearing of any case.


==Section 13==
13. Act to apply to pending proceedings.—
Notwithstanding anything contained in any law, all appeals, applications and other proceedings pending in the High Court on the date of commencement of this Act, shall be disposed of in accordance with the provisions of this Act.


==Section 14==
14. Repeal.—
Sections 11, 12, 13, 14, 15, 16, 16-A, 16-B, 20 and 22 of the Mysore High Court Act, 1884 (Mysore Act I of 1884) are hereby repealed.




Latest revision as of 20:25, 17 July 2024

Section 1

Short title.- This Act may be called the Madhya Pradesh Mantri (Vetan Tatha Bhatta) Adhiniyam, 1972.

Section 2

Definition.- In this Act unless the context otherwise requires, "Ministers" includes "Chief Minister

Section 3

3. Salaries of Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries. - There shall be paid to each Minister, Minister of State, Deputy Minister and Parliamentary Secretary, a Salary of Four thousand rupees per mensem.

Section 4

Sumptuary Allowance, Constituency Allowance and Daily Allowance.- (1) There shall be paid to the Chief Minister a sumptuary allowance of Fifteen thousand rupees per mensem, to each Minister, a sumptuary allowance of Eight thousand rupees per mensem, to each Minister of State, a sumptuary allowance of Five thousand rupees per mensem and to each Deputy Minister and Parliamentary Secretary a sumptuary allowance of One thousand five hundred rupees per mensem. (2) There shall be paid to each Minister, Minister of State, Deputy Minister and Parliamentary Secretary a Constituency allowance of Eight thousand rupees per mensem.

(3) There shall be paid to each Minister, Minister of State, Deputy Minister and Parliamentary Secretary a Daily allowance of Five hundred rupees per day during the term of office.]

Section 5

Residence of Ministers, etc.- (1) Each Minister, Minister of State, Deputy Minister and Parliamentary Secretary shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office at Bhopal and for the period of one month immediately thereafter, and no charge shall fall on the Minister or Minister of State or Deputy Minister or Parliamentary Secretary personally in respect of the maintenance of such residence. Explanation. - For the purposes of this section, "residence" includes the staff quarters and other buildings appurtenant thereto and the garden thereof, and "maintenance" in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water.

(2) If a Minister or a Minister of State, or a Deputy Minister or a Parliamentary Secretary docs not avail of the benefit of sub-section (1), he shall, in lieu thereof, be entitled to a house-rent allowance equal to twenty per centum of the salary payable to him under Section 3.

(3) In addition to a free furnished residence at Bhopal under sub-section (1), each Minister, Minister of State, Deputy Minister and Parliamentary Secretary shall also be entitled to the use of a furnished residence without payment of rent at any other place which the State Government may, from time to time for the purpose of this Act, declare to be the place of official residence of the Minister, Minister of State, Deputy Minister and Parliamentary Secretary, as the case may be, so long as such declaration remains in force.

(4) The expenditure to be incurred in respect of furnishing of the residence provided to a Minister, Minister of State, Deputy Minister and Parliamentary Secretary, as the case may be, under sub-section (1) shall be subject to the following monetary limits :-

Minister Thirty-five thousand rupees. Minister of State Twenty-five thousand rupees. Deputy Ministers Twenty thousand rupees. Parliamentary Secretary Fifteen thousand rupees. (5) The annual expenditure to be incurred in respect of upkeep, annual repairs and maintenance of the residence and garden provided under sub-section (1) shall be subject to such monetary limits as may be laid down by rule made in this behalf by the State Government.

Section 6

Conveyance for Ministers, etc.- (1) There shall be provided to each Minister, to each Minister of State, to each Deputy Minister and to each Parliamentary Secretary for his use a suitable motor vehicle purchased and maintained at public expense in accordance with the rules to be made by the State Government in that behalf. (2) The State Government shall also provide at public expense [two chauffeurs] for each such motor vehicle, and also supply for each motor vehicle, motor fuel consumed for journeys (other than journeys for which travelling allowance is admissible) performed by each such motor vehicle subject to a maximum of three hundred and fifty litres per month in the case of a motor vehicle provided to a Minister, three hundred litres per month in the case of a motor vehicle provided to a Minister of State, two hundred and seventy-five litres per month in the case of a motor vehicle provided to a Deputy Minister, and two hundred and fifty litres per month in the case of a motor vehicle provided to a Parliamentary Secretary.

Section 7

[7. Medical attendance and treatment etc. to Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries. - (1) A Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary and the members of the family of the Minister, the Minister of State, the Deputy Minister and the Parliamentary Secretary, as the case may be, shall be entitled to medical attendance and treatment, free of charge, on the scale and conditions applicable to, the members of the All India Services and members of their families under the rules relating to medical attendance and treatment, made from time to time, under the All India Service Act, 1951 (LXI of 1951).

(2) While on tour undertaken by him in the discharge of his official duties outside India, a Minister, a Minister of State, a Deputy Minister and Parliamentary Secretary shall also be entitled to such medical attendance and treatment, free of charge, as may be admissible to the Head of the Indian Mission at that place.]

Section 8

Prohibition against practising any profession, drawing salary as member, etc.- A Minister, a Minister of State, a Deputy Minister, and a Parliamentary Secretary shall not:- (a) during the tenure of his office for which he draws salary and allowance, practise any profession or engage in any trade or undertake for remuneration any employment other than his duties as Minister, Minister of State, Deputy Minister or Parliamentary Secretary; and

(b) while he draws salary and allowance for his office, be entitled to any salary or allowance as member of the Madhya Pradesh Legislative Assembly.

Section 9

Travelling and Daily Allowance to Ministers, etc.- (1) A Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary shall, in accordance with the rules, made in this behalf by the State Government, be entitled to- (a) travelling allowance for himself and the members of his family dependent upon him and for the transport of his and his family's effects-

(i) in respect of the journey to Bhopal from his usual place of residence out of Bhopal for assuming office; and

(ii) in respect of the journey from Bhopal to his usual place of residence out of Bhopal on relinquishing office; and

(b) travelling and daily allowance in respect of tours undertaken by him in the discharge of his official duties whether by land, sea or air.

(2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof.

(3) In addition to travelling and daily allowances payable in respect of tours specified in clause (b) of sub-section (1), a Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary shall be entitled, without payment of any charge, to accommodation in and provision of electricity at, circuit houses and Rest Houses maintained by the State Government, for the period of their stay during such tours.

[9A. Allowances and perquisites to be exclusive of Income-tax. - All allowances payable and furnished residence without payment of rent and other perquisites admissible to a Minister, a Minister of State, a Deputy Minister and a Parliamentary Secretary under this Act shall be exclusive of income-tax which shall be payable by the State Government at the maximum rate payable by a Minister, a Minister of State, a Deputy Minister or a Parliamentary Secretary, as the case may be. Out of the total amount of income accruing from the above allowances and perquisites payable to a Minister, a Minister of State, a Deputy Minister or a Parliamentary Secretary, the amount of the limit of exemption from income-tax and standard deductions, whatsoever as admissible from time to time, shall not be deducted.]

Section 10

Notification respecting appointment etc. of Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries to be conclusive evidence thereof.- The date on which any person becomes or ceases to be a Minister, a Minister of State, a Deputy Minister, or a Parliamentary Secretary shall be notified in the Gazette and any such notification shall be conclusive evidence of the tact that he became or ceased to be a Minister, a Minister of State, a Deputy Minister or a Parliamentary Secretary on that date for all the purposes of this Act.

Section 11

Power to make rules.- (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) All rules made under this Act shall be laid on the Table of the Legislative Assembly.

Section 12

Provisions of Section 9 (3) to have retrospective effect.- The provisions of sub-section (3) of Section 9 shall be deemed to have come into force on the 21st January, 1957.

Section 13

Repeal.- The Madhya Pradesh Salaries and Allowances of Ministers Act, 1956 (V of 1957), is hereby repealed.

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