Pondicherry Courts









BRIEF HISTORY

It is a known fact that Union Territory of Pondicherry was a French Colony till it was transferred to the Indian Government by an agreement, dated 21.10.1954 between France and India.  However, only on 01.11.1954, the Indian Government took over the administration of  Pondicherry under  the  Foreign  Jurisdiction  Act,  1947The  Indian Government issued two Notifications on 21.10.1954 and 30.10.1954 under the said Act. The first one called the French Establishments (Administration) Order 1954, and the other one is called the French Establishments (Application of Laws) Order 1954.
Again, the de jure transfer took place on 16.08.1962.         The Jurisdiction of the Madras High Court was extended to Pondicherry from that date.  Through the Treaty of Cession, the process of legal mayor become complete after the 14th amendment in the year 1962.  The Government of India issued the Pondicherry (Administration) Act, 1962 on 16.08.1962.
Judicial Department has its existence since French regime and after the introduction of The Pondicherry Civil Courts Act, 1960 the erstwhile French Civil and administrative Courts have been abolished.  The Courts like the Tribunal Superieur dAppel, Tribunal de lere Instance, Tribunal de Grands Instance Com d Appel, Juge de Paix and Cour de Cassation have no cannotation after the above said Act has come into force.  Instead the Courts of District Judge, Courts of Subordinate Judges and Courts of Munsif have become the successors Courts.
ACTIVITIES OF JUDICIAL DEPARTMENT:

The activities of Pondicherry Subordinate Judiciary can be classified as follows:

1.  Dispensation of Civil justice

2.  Administration of Criminal justice (delivery) system

3.  Adjudication of Labour disputes.

PARTICULARS OF ORGANISTAION:

The  control  of  the  Pondicherry  Subordinate  Judiciary  vests  with  the

Hon'ble High Court, Madras.

The details of the courts functioning, region-wise, are as follows:–


Sl. No.

Category of Court
Total No. of Courts
Pondicherry
Karaikal
Mahe
Yanam
1.
District & Sessions Courts
3
1
2.
Subordinate Courts
3
1
1
3.
District Munsif Courts
4
1
4.
Judicial Magistrate Courts
3
1
5.
Family Court
1

TOTAL
14
3
1
1







PONDICHERRY REGION



District & Sessions Courts

1.         Court of the Principal District & Sessions Judge.

2.         Court of the II Additional District & Sessions Judge.

3.         Court of the III Additional District & Sessions Judge.

4.         Family Court

Subordinate Courts:

5.         Court of the Principal Sub Judge.

6.         Court of the Additional Sub Judge.

7.         Court of the Special Officer-cum-II Additional Sub Judge.

District Munsif Courts

8.         Court of the Principal District Munsif.

9.         Court of the I Additional District Munsif.

10.       Court of the II Additional District Munsif.

11.       Court of the III Additional District Munsif.

Magistrate Courts

12.       Court of the Chief Judicial Magistrate.

13.       Court of the Judicial Magistrate-I.

14.       Court of the Judicial Magistrate-II.

KARAIKAL REGION

District & Sessions Court

15.       Court of the Additional District & Sessions Judge.

District Munsif Courts / Magistrate Courts

16.       Court of the Additional District Munsif-cum-Judicial Magistrate-II.


17.       Court of the Principal District Munsif-cum-Judicial Magistrate-I.

MAHE REGION

18.       Court of the Sub Judge-cum-Judicial Magistrate.

YANAM REGION

19.       Court of the Sub Judge-cum-Judicial Magistrate.


FUNCTIONS OF THE COURTS

ON THE CIVIL SIDE:



Adjudication of the disputes of civil nature brought before the Civil Courts.



ON THE CRIMINAL SIDE:



Administration of Justice on the cases brought before the criminal courts by the prosecution in respect of the criminal offences committed by the accused persons after analysing the oral and documentary evidence adduced on the side of the prosecution as well as by the defence and if the offence complained of the accused is proved beyond reasonable doubt, to punish the accused by awarding the sentence of imprisonment / sentence of fine and if the offence is not proved beyond all reasonable doubt, to acquit the accused by setting him at liberty.


ORGANISATIONAL STRUCTURE:


The organisational structure of the department can be classified into two categories, namely, (i) in respect of Judicial Officers and (ii) in respect Subordinate Staff (other than Judicial Officers) and is shown in the charts.
Regarding the Judicial Officers:


Under the Pondicherry Judicial Service (Cadre & Recruitment), 1996, the recruitment, appointment by transfer on deputation and promotion of Judicial Officers from one cadre to another cadre shall be made by the Administrator on the recommendation of the Hon'ble High Court, Madras. Transfer and posting of all the Judicial Officers shall be made by the Hon'ble High Court, Madras.
The  present  sanctioned  strength  of  the  Judicial  Officers  in  the  Pondicherry

Judicial Service, region-wise, is as follows:



Sl. No.

Cadre
Total No. of Posts
Pondicherry
Karaikal
Mahe
Yanam
1.
District    and    Sessions       Judge     /
Additional  District  and  Sessions
Judge

(apart from two ex-cadre posts, viz, (i)         Judge, Family Court and
(ii)        Member Secretary,
Legal Services Authority
3
1
2.
Civil Judge (Senior Division / Chief
Judicial Magistrate)
4
1
1
3.
Civil    Judge      (Junior     Division    /
Judicial Magistrate)
7
2

TOTAL
14
3
1
1



District & Sessions Judges / Additional District Judges
16750 400 19150 450 20500




Civil Judge (Sr. Division) / Chief Judicial Magistrate
12850-300-13150-350-15950-400-17550




Civil Judge (Jr. Division) / Judicial Magistrate
9000-250-10750-300-13150-350-14550




Regarding the Subordinate Staff:



Under    the    Pondicherry     Judicial     Subordinate     Service     Rules,     1979,     the recruitment, promotion of staff from one cadre to another cadre shall be made by the Chief Judge, Pondicherry on the basis of the recommendation of the Selection Committee constituted under the said rules.
There is a separate Recruitment Rules for the post of Head Sarishtadar called

"Head Sarishtadar Recruitment Rules, 1990".

The present sanctioned strength of the Subordinate Staff in the Pondicherry

Judicial Service, region-wise, is as follows:




Cadre

Pondicherry

Karaikal

Mahe

Yanam

Total
Family
Court
Assistant Library and
Information Officer

1




1

Head Sarishtadar
3
1
4
1
Sarishtadar
6
1
1
8
1
Assistant Sarishtadar
5
2
1
8
Senior Grade Steno
7
1
1
9
1
Junior Grade Steno
5
2
1
8
Senior Clerk
38
11
2
1
52
Junior Clerk
37
11
2
2
52
2
Driver
1
1
Copyist/Amin/Attender
41
10
3
3
57
1
Orderly-cum-Peon
38
10
3
3
54
2
Total
182
49
12
11
254
8








HEAD SARISHTADAR (5500 125 7000)








                                  Sarishtadar
(4500 125 7000)


Sr. Gr. Stenographer                     
(5000 150 8000)






                                                                                                               


Assistant Sarishtadar                      
(4500 125 7000)


Jr. Gr. Stenographer       
(4000 100 6000)






Senior clerk             
(4000 100 6000)






Junior Clerk             
(3050 75 3950 80 4000)



Driver       
(3050 75 3950 80 4000)







Copyist/Amin/Attendar                      
(2610–60 2910 65 –3300 70 4000)







Orderly-cum-peon                 
(2550 55 2660 60 3200)



OFFICE ADDRESS:

Pondicherry
Karaikal
Mahe
Yanam
No.1, Lal Bahadur
Sastri St., Pondicherry
No.14, Nehru St.,
Karaikal
Mahe Main Road,
Mahe
No. 3-106,
Thiyagaraja Street, Yanam



Office Time                        :     08.45 a.m., to 01.00 p.m., and 02.00 p.m. to 05.45 p.m., Court sitting hours                                  :     10.00 a.m., and 03.00 p.m.,
Lunch Time                        :     01.00 p.m., to 02.00 p.m.,