JAMMU AND KASHMIR PETITION WRITERS' LICENSING AND CONDUCT (REVISED) RULES, 1971

 

PREAMBLE

Whereas it is necessary to revise the existing rules regarding the licensing and conduct of Petition Writers made by the High Court in exercise of its powers under section 8 sub-section I(b) of the Civil Courts Act, 1977 as contained in "the Rules and Orders for the guidance of Courts Subordinate to the High Court" Special Laws Part III) at pages 525 to 538;

Now, therefore, the High Court of Jammu and Kashmir tinder its enabling powers makes the following rules governing the licensing of Petition Writers and the conduct of persons practising as such :

PART I PRELIMINARY

Rule - 1. Short title and commencement.

(i)       These rules shall be cited as the Jammu and Kashmir Petition Writers' Licensing and Conduct (Revised) Rules, 1971.

(ii)      These rules shall come into force on such date as the Chief Justice may, by notification in the Government Gazette, appoint and different dates may be appointed for different provisions of the rules.

(iii)     Repeal The existing rules made by the High Court declaring what persons shall be permitted to practise in the Courts and Offices in the Jammu and Kashmir State and regulating the conduct of persons practising as such and also determining the authority by which breach of rules shall be tried as incorporated in the Rules and Orders for the guidance of Courts subordinate to the High Court (Part III) Special Laws at pages 525 to 538 and all other rules and orders dealing with matters covered by these rules shall stand repealed.

Rule - 2. Definitions.

In these rules unless the context otherwise requires-

"Petition" means a document written for the purpose of being presented to a Court or a Revenue Officer, as such, and shall include pleadings, memorandum of appeal, cross-appeal or cross-objections, affidavits, review and revision petitions.

The words "Revenue Office, Revenue Courts and Revenue Officers" used in these rules shall have the same meaning as is assigned to these words in the tenancy laws of the State for the time being in force.

PART II

Rule - 3. Licensing of Petition Writers.

No person shall practise as a Petition Writer in the Jammu and Kashmir State unless he has been duly licensed as such under these rules:

Provided that a person already licensed as a Petition Writer under any rule in force before these rules come into operation shall be deemed to have been licensed under these rules.

Rule - 4.

These rules shall not apply to petitions written by licensed clerks of Advocates Vakils or Pleaders for purposes of being presented to a Court; provided that petitions so written are duly signed by the employers of the license clerks.

Rule - 5.

The Chief Justice may, for good and sufficient reasons, license any person as a Petition Writer for a period of one year subject to the candidate's passing the examination as prescribed by these rules if the person so licensed is qualified under rule 7 of these rules and is not disqualified under rule 8 of these rules to be licensed as such.

Rule - 6.

Notwithstanding anything contained in these rules the Court may license any person as a Petition Writer under these rules if the person so licensed held in the High Court or in any of the Subordinate Courts any post by virtue of which he may be considered to have gained, sufficient experience in petition writing and legal procedure.

Rule - 7. Qualifications.

No person shall be licensed as a Petition Writer under these rules unless

(i)       he is a permanent resident of the State as defined in section 6 of the Constitution of Jammu and Kashmir State;

(ii)      he has passed the Matriculation or the Higher Secondary Elective Examination of any recognised University or any recognised Examination Board or any other examination recognised as equivalent to any of these examinations;

(iii)     he has passed the prescribed examination under these rules and has reached the age of 21 years on the date on which he is licensed as such:

[1][Provided the Chief Justice may in an appropriate case relax the academic qualification bar or age bar or both prescribed respectively in clauses (ii) and (iii) above.

Rule - 8. Disqualifications.

No person shall be licensed as a Petition Writer if-

(i)       he is in the service of the State or any other State, the Central Government or is engaged in any other remunerative profession;

(ii)      he has been in service of any legal practitioner as a licensed clerk within six months before the date when he is to be licensed;

(iii)     he has been declared as a "tout".

Rule - 9. Application for admission to the examination.

A person duly qualified under rule 7 and not disqualified under rule 8 above may apply to the District and Sessions Judge of the District in which he resides for being admitted to the examination to qualify himself for being licensed as a Petition Writer.

Rule - 10. Form and Contents of the application.

(i)       The application shall be written by the applicant in his own hand and shall state the applicant's name, father's name, date of birth, place of residence and present occupation, if any. The names of two persons of respectability to whom reference may be made as to the applicant's character, should the certificates presented with the application be deemed insufficient, should be mentioned in the application.

(ii)      If the applicant has been convicted of a criminal offence or has been removed from the State Service this shall be stated in the application.

Rule - 11. Documents to accompany the application.

The application shall be accompanied by the following documents

(i)       two latest passport size photographs duly attested by a first class Magistrate under his official seal on the front page of the photo;

(ii)      the certificate showing that the candidate holds the academic qualification as referred to in rule 7 above;

(iii)     certificates of good character from the Principal/Head Master of the School in which he was last educated and from two responsible persons of status (not relative) who are well acquainted with his life;

(iv)    certificate that the candidate is a permanent resident of the State as defined in section 6 of the State Constitution;

(v)      Treasury receipt of Rs. 10 as examination fee. The receipt can be obtained in any State Government Treasury under the Head XXI-Miscellaneous Department Examination Fee;

(vi)    if the candidate has worked as a clerk with a legal practitioner a certificate of good conduct of his last employer.

Rule - 12. Application how to be dealt.

The District and Sessions Judge to whom the application is made shall scrutinize the application and if he is satisfied that the candidate is duly qualified for being admitted to the examination and is not otherwise disqualified for being licensed as a Petition Writer under rules 7 and 8 above shall forward the application to the Registrar, High Court for being dealt with under these rules.

PART III PROCEDURE AND SYLLABUS

Rule - 13.

If on a report of any of the District Judges the Chief Justice be of the opinion that the number of Petition Writers practising in various courts has fallen short to satisfy the public demand he may direct the holding of an examination under these rules on any date to be published in the Government Gazette at least two months before the holding of the examination and specify in the notice the Centre or Centres at which such examinations are to be conducted.

Rule - 14.

The candidates shall be examined in the following subjects or such other subjects as the High Court may from time to time notify in the Government Gazette :-

(i)       Civil Law;

(ii)      Revenue Law;

(iii)     Petition-writing and conveyancing.

Rule - 15.

The following syllabus is prescribed for the various papers:-

(i)       Civil Law :

(a)      Civil Procedure Code, section 37 to section 50; Order XXI, Order XXX to Order XXXIV both inclusive, Order XXXIX, Rules I to 5; Order XLVII and Appendix 'A'.

(b)      Court Fees Act :

Section 7 and Schedule I and 2 of the Act.

(c)      Stamp Act :-

Sections 2, 10, 11 and 29 and Schedule I of the Act.

(d)      Transfer of Property Act :-

Sections 54, 56, 105, 111, 118, 122 and 130 of the Act.

(e)      Limitation Act :-

Sections 5, 14, 25 and Schedule 1 of the Act.

(ii)      Revenue Law :

(a)      Tenancy Act :

Section 2, Chapters IV, V and VIII.

(b)      Land Revenue Act :

Section 3 and Chapter X.

(iii)     Petition writing and conveyancing. In this paper the candidates practical knowledge and calibre in drafting pleadings, special applications and deeds of conveyances etc. shall be tested.

Rule - 16.

Each paper shall be of three hours duration and shall carry 100 marks each.

Rule - 17.

No candidate shall be deemed to have qualified in the examination unless he has secured 33% of marks in each subject and 40% marks in the combined total.

Rule - 18.

The examination in each centre shall be conducted by Judicial Officer nominated by the Chief Justice.

Rule - 19.

The examiner in each paper shall be appointed by the Chief Justice. The examiner shall send the results of the candidates and the marks obtained by them duly tabulated to the Registrar, High Court along with the original answer books of the candidates. The Registrar shall consolidate the results and announce the same after obtaining its approval from the Chief Justice.

PART IV Duties and responsibilities of Licensed Petition Writers.

Rule - 20.

All licensed Petition Writers shall be eligible to write petition as defined in rule 2 and deeds of conveyances of all kinds including deeds of partition, wills, agreements, applications under the Guardian and Wards Act, applications under the Succession Certificate Act, application under the Hindu Marriage Act, and all applications of allied nature meant for being presented to Courts.

Rule - 21.

The Petition Writers licensed under these rules shall be eligible to practise in all Civil, Criminal or Revenue Courts Subordinate to the High Court and also in Revenue Offices, Municipalities, Town Area Offices, Notified Area Offices and other Offices in the Jammu and Kashmir State.

Rule - 22.

All petitions or deeds of conveyances written by petition writers shall be handed over to the person entitled to receive the petition or the document immediately after the petition or document is completed and copy or abstract thereof is duly entered in the concerned register. No petition or deed shall be retained in his possession by a Petition Writer beyond a period of three days from the date of its execution.

Rule - 23.

Every Petition Writer shall submit a quarterly report to the District Judge of the District where he practises of the documents which have remained in his possession as undistributed with reasons why distribution thereof was not made.

Rule - 24.

When a petition or document is returned to the persons entitled to receive it, his signature or thumb impression shall be obtained in the relevant column of the register under the words 'received the deed' to be subscribed by the Petition Writer.

Rule - 25.

All petitions written by licensed Petition Writers shall be written on judicial paper only.

Rule - 26.

A Petition Writer shall not write any deed of conveyance unless his client furnishes to him all those documents and certificates which are compulsorily required to be produced before the Sub-Registrar at the time when the document is produced for registration.

Rule - 27.

(i)       Petition Writer to be at liberty to make his own terms with his client.

Every Petition Writer licensed under these rules may make his own terms with his employer as to the remuneration to be paid for his services.

[2][Provided that the said reumneration shall not exceed the amount prescribed from time to time by the Chief Justice by an order published in the Government Gazette in respect of each document or class of documents, and shall be correctly entered on the petition and in the proper column of the register maintained by the Petition Writer].

(ii)      Not to be paid by an interest in result of litigation, nor to contribute funds for litigation.

A Petition Writer licensed under these rules shall not take payment for his services by an interest in the result of any litigation in connection with which he is employed; nor shall he finance or contribute towards the funds requisite for carrying on any litigation in which he is not otherwise personally interested.

Rule - 28.

A licensed Petition Writer shall attach with each deed of conveyance of which he is a scribe a statement of expenditure incurred in completing the deed and also the fee received by him for writing the deed. The statement shall show the value of stamps, judicial and non-judicial, attached with the deed.

Rule - 29.

Petition Writers to confine to expressing the statements and objects of the petitioner.

livery licensed Petition Writer in writing petitions shall confine himself to expressing in plain and simple language, such as the petitioner can understand, and in a concise and proper form, the statements and objects of the petitioner, and shall not introduce any argument or quotation from a Law Report or other Law Book, or refer to any decision not brought to his notice by the petitioner.

Rule - 30.

The fees to which a Petition Writer be eligible under rule 27 of these rules shall be payable by the person or persons at whose instance the petition or document is written,

Rule - 31.Declaration to be subscribed to petitions by Petition Writers.

Every licensed Petition Writer shall record, at the foot of every petition or document written by him, other than a petition of a mere formal character, a declaration under his signature, that its contents had been fully explained to the petitioner or the executant of the document who had accepted the contents of petition or document as correct.

Rule - 32. Petitions to be signed and sealed, and to show certain particulars. Fees to be entered.

Every licensed Petition Writer shall sign and seal with his official seal, every petition written by him, and shall enter on it the number which it bears in his register, and the fee which has been charged for writing it.

Rule - 33. Employing unlicensed person to write petitions.

A licensed Petition Writer shall not dictate a petition to or cause a petition to be written by a person who is not a licensed Petition Writer nor shall he employ any person who is not a licensed Petition Writer to write petitions for him.

Rule - 34. Petition Writer not to act as recognised agent of a party.

A licensed Petition Writer shall not act as a recognised agent in any case in a Civil, Criminal, Revenue Court or any Office, except in a case in which he is himself a party; nor shall he accept any Power of Attorney, whether general or special, authorising him to act as a recognised agent in a Civil, Criminal or Revenue Court or any office.

Rule - 35.

A Petition Writer licensed under these rules shall not work as a broker, nor shall he appear before any Court or Office for any purposes connected with his professional duties. A contravention of this rule shall render the Petition Writer liable for the suspension of his licence and also to a penalty under rule 61 of these rules.

Rule - 36. Registers to be maintained.

The Petition Writers shall maintain the following registers:

(i)       Register of petitions;

(ii)      Register of deeds of conveyances;

(iii)     Register of pleadings of cases written by them.

Rule - 37.

The registers shall be in the proforma shown in Appendix I attached to these rules.

Rule - 38.

The registers to be maintained by the Petition Writers shall be issued to them on payment of price to be fixed by the Registrar High Court or by the District Judge concerned.

Rule - 39.

Registers in a printed proforma and properly bound containing 100 leaves each shall be supplied by the Registrar High Court to the District Judges against their requisitions according to the requirements in the District each year before the end of January.

Rule - 40. Deposit of registers.

(i)       Every Petition Writer shall deposit his register in the Record Room of the district concerned.

(ii)      Fresh Registers shall be issued to the Petition Writers after the exhausted registers are deposited by them in accordance with sub-rule (i) above.

(iii)     If any register of a Petition Writer is completely exhausted before the end of a financial year, he shall deposit the same as indicated in sub-rule (1).

Rule - 41.

Copies of documents in register No. 2 and also entries in other registers maintained under these rules shall be made by the licensed Petition Writers themselves or by any stamp vendor engaged by them for the purpose and by none else.

Rule - 42.

Where copy of any document in any register maintained by a licensed Petition Writer be in the hand writing of any licensed stamp vendor it shall be noted in the register that it is in the hand of that stamp vendor.

Rule - 43.

No copy meant for being pasted in any register maintained in the Office of Sub-Registrars on admitting the document for registration shall be made by any person other than the licensed Petition Writer himself who scribes the original document.

Rule - 44.

It shall be personal responsibility of each licensed Petition Writer that entries made in their registers are correct.

Rule – 45.

Where a full copy of a document is entered in any Register as required by these rules the Petition Writer shall scribe the words "true copy of the original" under his signature in the register in the column meant for the purpose.

Rule - 46.

If any entry in a register made by the Petition Writer or any copy of any document of which any licensed Petition Writer is a scribe be found incorrect, the Petition Writer shall, apart from exposing himself to a criminal liability, be punished under rule 61 of these rules.

Rule - 47.

If the entries in the registers are not found up to date and in accordance with the relevant provisions of these rules, action against the Petition Writer shall be taken under these rules.

Rule - 48.

The Vigilance Commissioner, High Court of Jammu and Kashmir, may in his discretion at any time, inspect himself, or cause to be inspected by any Judicial Officer below the rank of a District and Sessions Judge, the registers of any licensed Petition Writers practising in any part of the State.

Rule - 49. Periodical inspection of registers.

The District Judges at the District Headquarters, the Sub-Judges or Munsiffs at Tehsil and other Headquarters shall inspect once in a month the registers of the Petition Writers and if satisfied that all the entries in the register are up to date certify in their own hand and under their signatures and seal of the office bearing the date of the examination on the registers examined by them, that the entries are up to date.

Rule - 50.

If in the course of any inspection, the Vigilance Commissioner (Judicial) or the concerned District Judge, either on his own or a report by any Subordinate Judge or Munsiff or any Revenue Officer, is satisfied that the registers are not maintained under these rules or that the Petition Writer concerned has committed any irregularity in maintaining the registers, he shall be competent to suspend the licence of the Petition Writer forthwith and take suitable action against the Petition Writer under these rules or otherwise as he deems expedient. This order will be subject to confirmation by the Chief Justice.

Rule - 51.

Each licensed Petition Writer shall, at his own expense, provide himself with an official seal, to be made under the direction of the District Judge of the District on which shall be engraved his name and the year in which he was licensed.

PART V Licences

Rule - 52.

A licence granted to a Petition Writer under these rules shall be in form 'A' Appendix (1) and shall be effective without renewal for a period of one year or till the last date of March falling after the licence is issued whichever expires first. The licences issued to the Petition Writers shall be renewable yearly on an application by its holder on payment of a license renewal fee of Rs. 10/-in non-judicial stamp before the last working day of each financial year.

Rule - 53.

In case of non-compliance of the preceding rule the Petition Writer shall be liable for the suspension of his licence and if the default be without any sufficient reason he shall be liable for being debarred from practising as a Petition Writer licence holder.

Rule - 54.

The original licence for the preceding year shall be attached with the application when the renewal of licence is asked for the subsequent financial year.

Rule - 55. Place of business.

A licensed Petition Writer shall practise at the place in a district to be specified by the District and Sessions Judge and duly noted on the licence issued to him. He may also practise at any place outside the district in which he resides if so specified by the Registrar High Court and duly noted in the licence.

Rule - 56.A Petition Writer may for sufficient cause be transferred

(a)      by the District Judge from one place to another within his district;

(b)      by the Vigilance Commissioner from one place to another within the province in which the Petition Writer resides;

(c)      by the Registrar High Court from one place to another within the State:

Provided that any of these transfers shall be subject to the approval of the Chief Justice.

Rule - 57. Duplicate licence.

A duplicate licence may be issued to a Petition Writer on payment of Rs. 5 as fee in the form of non-judicial stamps, if the original licence is lost, destroyed or damaged.

Rule - 58. Name when to be struck off the register.

Every Petition Writer who gives up practice for three consecutive years shall be liable to be struck off from the register:

Provided that a Petition Writer whose name has been removed after three years absence will be at liberty to apply for the restoration of his licence if there is a vacancy. He shall, however, be treated in this respect on the same footing as a fresh applicant.

Rule - 59. Practising while under suspension or contrary to licence.

No licensed Petition Writer shall practise

(i)       contrary to the terms of his licence;

(ii)      in any Court or office in which he has been forbidden to practise, while such prohibition is in force;

(iii)     after his licence has been or should have been surrendered under these rules; or

(iv)    while under suspension.

PART VI PROCEDURE IN DEALING WITH BREACHES OF RULES & PENALTIES

Rule - 60. Courts may order a licensed Petition Writer to re-write a petition.

Any Judicial or Revenue Officer may order a licensed Petition Writer to re-write any petition written by him which contravenes these rules or is illegible, obscure or contains any irrelevant matter, or misquotation, or is, from any other cause in the opinion of such Officer or Court, objectionable.

Rule - 61.

The Presiding Officer of any Civil or Revenue Court may, for any sufficient cause to be recorded in writing, prohibit any Petition Writer from practising in his Court pending a reference to the District and Sessions Judge of the concerned district. Every order of prohibition under this rule shall be communicated to the Registrar High Court forthwith.

Rule - 62.

(i)       Any person who practises as Petition Writer contrary to the provisions contained in these rules shall be punished by the District Judge with a fine which may extend to Rs. 75 per day. He shall be suspended, dismissed or debarred from practice for a specified period if he acts in violation of rules 31, 34, 35, 44 and 47 by the District Judge concerned.

(ii)      Every order passed under sub-rule (i) shall be subject to confirmation by the Chief Justice.

Rule - 63.

Breach of any of the rules mentioned herein shall be inquired into by the District and Sessions Judge within whose jurisdiction the Petition Writer practises at the time of the inquiry. But if the breach of any of these rules is brought to the notice of the Vigilance Commissioner, High Court or discovered by him personally it shall be inquired into by the Vigilance Commissioner himself.

Rule - 64.

No penalty shall be imposed on any Petition Writer for the breach of any of these rules unless the person charged has had an opportunity of defending himself.

Rule - 65.

(a)      Penalty for misconduct or inefficiency.

Any licensed Petition Writer who

(i)       habitually writes petitions contrary to rule 29, or which are in formal, or otherwise objectionable; or

(ii)      in the course of his business as a Petition Writer uses disrespectful, insulting or abusive language; or

(iii)     is found to be incapable of efficiently discharging the functions of a Petition Writer;

(iv)    by reason of any fraudulant or improper conduct in the discharge of his duties as Petition Writer is found to be unfit to practise as such; or

(v)      is convicted of a criminal offence;

may be suspended or debarred in addition to any punishment to which he may be liable under Section 8(2) of the Civil Courts Act, 1977 or any other enactment for the time being in force.

(b)      Order to be communicated to Court.-

Any of the aforesaid breaches may be exempted by the District Judge or by the Chief Justice:

Provided that the penalty regarding his debarring shall be subject to the confirmation by the Chief Justice.

(c)      The substance of the final order shall be entered in the licence of the person affected by the order.

Rule - 66. Powers reserved to the High Court.

Notwithstanding anything hereinbefore contained, the High Court may, for any sufficient cause, to be recorded in writing and after such inquiry as it thinks fit, dismiss any licensed Petition Writer or suspend him from practice for a specified period; provided that no order shall be made under this rule unless the person charged shall have had an opportunity of defending himself.

Rule - 67. Orders of dismissal or caution given to be noted on back of licence.

Any order, other than an order of dismissal, made, and any caution given instead of penalty, by a Court after an inquiry under these rules, shall be noted on the back of the Petition Writer's licence by the Court passing the order, or under its direction.

Rule - 68. Powers reserved in the Chief Justice for review.

The Chief Justice may for sufficient reason review any order passed by him.

Rule - 69. Savings of power of superintendence and control.

Nothing in the foregoing rules shall be deemed to limit or restrict the exercise by the High Court of its general powers of superintendence and control.

 

SCHEDULE

Schedule of rules the breach of which renders the petition writer liable to penalty under section 8 (2) of Civil Courts Act, 1977

Rule

 

APPENDIX I

FORM 'A'

FORM OF LICENSE

Rule 52

I____________________________ District and Sessions Judge ____________________________.__________do hereby certify that ____________________________son of__________________ resident of _________________________________has this the______________ day of______ 1971 been licensed as a Petition Writer in the manner prescribed by the Jammu and Kashmir Petition Writer Licensing and Conduct (Revised) Rules of 1971 in the Jammu and Kashmir State and permitted to practice as such at_______________ subject to the provisions of the said rules.

Given under my hand and the seal of the Court this_______ day of_____________________ 1971 at________ 

SEAL

 

APPENDIX II

PROFORMA OF REGISTER NO. (1)

[RULE 36]

REGISTER OF PETITION

DISTRICT AND SESSIONS JUDGE

Remarks if any with signature of the Petition Writer.

 

APPENDIX III

PROFORMA OF REGISTER NO. (2)

REGISTER OF DEEDS OF CONVEYANCES (WASIQA)

[Rule 36]

 

APPENDIX IV

PROFORMA REGISTER NO. (3)

"REGISTER OF PLEADINGS"

[Rule 36]