\n
<\/a>CHAPTER 5 [SUBSIDIARY LEGISLATION]\n<\/p>\n INDEX TO SUBSIDIARY LEGISLATION\n<\/p>\n RULES\n<\/p>\n The Government Proceedings (Procedure) Rules<\/a>\n<\/p>\n The Government Proceedings (Procedure) Rules (1968)<\/a>\n<\/p>\n<\/p>\n RULES\n<\/p>\n <\/a>THE GOVERNMENT PROCEEDINGS (PROCEDURE) RULES<\/a>\n<\/p>\n (Section 20)\n<\/p>\n 1. <\/b>These Rules may be cited as the Government Proceedings (Procedure) Rules.\n<\/p>\n 2. <\/b>The provisions of the First Schedule to the Civil Procedure Code function a1(msg) { myWindow=window.open(”,”,’width=157,height=65,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a> shall apply to proceedings under the Government Proceedings Act.\n<\/p>\n 3. <\/b>The provisions of the Second Schedule to the Civil Procedure Code function a2(msg) { myWindow=window.open(”,”,’width=157,height=65,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>, in so far as they relate to arbitration in suits, shall apply to proceedings under the Government Proceedings Act function a3(msg) { myWindow=window.open(”,”,’width=143,height=76,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>.\n<\/p>\n <\/a>THE GOVERNMENT PROCEEDINGS (PROCEDURE) RULES (1968)<\/a>\n<\/p>\n (Section 20)\n<\/p>\n G.N. No. 376 of 1968\n<\/p>\n 1.<\/b> These Rules may be cited as the Government Proceedings (Procedure) Rules.\n<\/p>\n 2.<\/b> The provisions of the First Schedule to the Civil Procedure Code function a4(msg) { myWindow=window.open(”,”,’width=144,height=71,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a> as are specified in the first column of the Schedule hereto shall apply to proceedings under the Government Proceedings Act function a5(msg) { myWindow=window.open(”,”,’width=123,height=69,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>, subject to such modifications, if any, as are specified in the second column of the Schedule hereto.\n<\/p>\n 3.<\/b> The provisions of the Second Schedule to the Civil Procedure Code function a6(msg) { myWindow=window.open(”,”,’width=136,height=70,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>, in so far as they relate to arbitration in suits, shall apply to proceedings under the Government Proceedings Act function a7(msg) { myWindow=window.open(”,”,’width=136,height=69,left=400 ,scrollbars=1,top=400,screenX=400,screenY=100′);myWindow.document.write(msg);}*<\/a>.\n<\/p>\n {mprestriction ids=”1,2,3″}<\/p>\n SCHEDULE\n<\/p>\n Order I rules 1-18 rule 19\n<\/p>\n Delete the full-stop at the end of subrule (1)(c), substitute therefor a semi-colon and the word “or” and add the following paragraph–\n<\/p>\n “(d) if the third party is the Attorney-General, the court shall, on the application for directions of the defendant presenting the third party notice, fix a date of which notice shall be given to the Attorney-General and on which the court may make any order, upon such terms as it may direct as to costs or otherwise, which it could make under the provisions of rule 18 or may enter such judgement against the third party as the nature of the suit may require.”.\n<\/p>\n rules 20-24 Order II rules 1-7 Order III rule 1\n<\/p>\n Delete the colon after the words:\n<\/p>\n “on his behalf” and add the following– “or, where the Attorney-General is a party, by a public officer duly authorised by him in that behalf:”.\n<\/p>\n rules 206 Order IV rule 1\n<\/p>\n Delete the full stop at the end of subrule (1) and add the following–\n<\/p>\n “and, where the suit is instituted against the Government, deliver a copy of the plaint to the Attorney-General.”.\n<\/p>\n rule 2 Order V rule 1\n<\/p>\n Delete the full stop at the end of the proviso thereto, substitute therefor a colon and add the following further proviso:\n<\/p>\n “Provided also that no summons shall be issued under this rule to the Attorney-General–\n<\/p>\n (i) except on the application of the plaintiff made not less than fourteen days after the suit has been duly instructed; and\n<\/p>\n (ii) unless the court is satisfied that a request made by the Attorney-General for a further and better statement of the nature of the claim, or for further and better particulars of any matter staged in the plaint, has been complied with or that no such request has been made.”.\n<\/p>\n rules 2-4 rule 5\n<\/p>\n Delete the full stop at the end of subrule (1), substitute therefor a semi-colon and the word “or” and add the following paragraph:\n<\/p>\n “(d) where the Attorney-General is the defendant, by a public officer duly authorised by him in that behalf.”.\n<\/p>\n rules 6-33 Order VI rules 1-18 Order VII rules 1-18 Order VIII rules 1-5 rule 6\n<\/p>\n Delete the full stop at the end of subrule (1), substitute therefor a colon and add the following proviso:\n<\/p>\n “Provided that a written statement shall not contain particulars of–\n<\/p>\n (a) any debt, where the suit is brought for the recovery of taxes duties or penalties;\n<\/p>\n (b) a debt arising out of a right or claim to repayment in respect of any taxes, duties or penalties.”.\n<\/p>\n rules 10-13 rule 14\n<\/p>\n Add at the end thereof the following subrules–\n<\/p>\n “(3) Notwithstanding anything in this rule, where the Attorney-General is required to present a written statement of defence or a reply and fails to present the same within the time fixed by the court or within the period specified in the summons or, where the period has been extended by the court, within the period of such extension, the plaintiff or the defendant, as the case may be, may apply in writing for leave to adduce ex parte<\/i> proof of his claim or counterclaim and the court shall thereupon fix a day for the hearing of the application and shall direct that notice of the application and of such day be given to the Attorney-General.\n<\/p>\n (4) Where the Attorney-General appears at the hearing of an application under subrule (3) hereof and assigns good cause for the non-presentation of the written statement of defence or the reply, the court shall, upon such terms as it may direct as to costs or otherwise, extend or further extend the period within which the written statement of defence or reply shall be presented and in any other case the court may pronounce judgement upon ex parte<\/i> proof of the claim or may make such order in relation to the suit or counterclaim, as the case may be, as it thinks fit.”.\n<\/p>\n rule 15 Order IX rules 1-5 rule 6\n<\/p>\n Delete paragraph (a) of subrule (1) and substitute therefor–\n<\/p>\n “(a) (i) if the defendant is the Attorney-General and it is proved that the summons was duly served, the plaintiff may apply for leave to proceed ex parte<\/i> and the court shall thereupon fix a day for the hearing of the application and shall direct that notice to the application and of such day be given to the Attorney-General;\n<\/p>\n (ii) where the Attorney-General appears at the hearing of an application under this paragraph and assigns good cause for his previous non-appearance, he may, upon such terms as the court may direct as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for hearing the suit.”.\n<\/p>\n rules 8-10 rule 11\n<\/p>\n Delete the full stop at the end thereof, substitute therefor a colon and add the following proviso:\n<\/p>\n “Provided that if the Attorney-General is a defendant who does not appear, the provisions of paragraph (a) of subrule (1) of rule 6 shall apply to such non-appearance.”.\n<\/p>\n rule 12 rule 13(1) rule 14 Order X rules 1-4 Order XI rules 1-8 rule 9\n<\/p>\n Delete the full stop at the end thereof, substitute therefor a colon and add the following proviso:\n<\/p>\n “Provided that no order shall be made requiring a person to answer or answer further where any enactment or rule of law authorises or requires the refusal to answer any question on the ground that the answering of the question would be injurious to the public interest.”.\n<\/p>\n rule 10\n<\/p>\n Delete the full stop at the end of the proviso thereto, substitute therefor a colon and add the following further proviso:\n<\/p>\n “Provided also that discovery shall not be ordered where there is produced to the court a certificate under the hand of a Minister that, in his opinion, discovery, either generally or in relation to a certain document or a certain class of documents, would be injurious to the public interest.”.\n<\/p>\n rule 11 rule 12\n<\/p>\n Delete the full stop at the end thereof, substitute therefor a colon and add the following proviso:\n<\/p>\n “Provided that production shall not be ordered of a document where any enactment or rule of law authorises or requires the withholding of the document on the ground that the disclosure of the document would be injurious to the public interest.”.\n<\/p>\n rules 13 & 14 rule 15\n<\/p>\n Insert after subrule (2) the following new subrule–\n<\/p>\n “(3) Notwithstanding anything contained in this rule, an order for inspection of documents shall not be made where there is produced to the court a certificate under the hand of a Minister that in his opinion, inspection would be injurious to the public interest.”.\n<\/p>\n rule 16\n<\/p>\n Insert in subrule (3) after the words “any other party” the following commas and words:\n<\/p>\n “,other than the Attorney-General,”.\n<\/p>\n rules 17-20 Order XII rules 1-7 Order XIII rules 1-11 Order XIV rules 1-7 Order XV rules 1-4 Order XVI rules 1-6 rule 7\n<\/p>\n Delete the full stop at the end thereof, substitute therefor a colon and add the following proviso:\n<\/p>\n “Provided that the court shall not require a person to produce a document where any enactment or rule of law authorises or requires the withholding of the document on the ground that the production of the document would be injurious to the public interest.”.\n<\/p>\n rules 8-21 Order XVII rules 1-5 Order XVIII rules 1-13 Order XIX rules 1-3 Order XX rules 1-11 rule 12\n<\/p>\n Delete the semi-colon at the end of paragraph (a) in subrule (1) and add the following–\n<\/p>\n “or declaring an entitlement as against the Government to possession of the property;”.\n<\/p>\n rules 13-21 Order XXI rules 1&2 (rule 2A)\n<\/p>\n Add after rule 2 the following new rule–\n<\/p>\n “2A. Satisfaction of orders against the Government<\/b>\n<\/p>\n
GOVERNMENT PROCEEDINGS ACT\n<\/p>\n