1. Short title :- These rules may be called the Maharashtra Morning Courts Rules, 2010.


2. Definitions :- In these rules, unless the context otherwise requires :-

(a) "Court" means the Court under the control of the High Court;

(b) "Morning Court" means the Court as notified under rule 6 of these rules ;

       (c) "Morning Court Judge " means any person appointed under rule 4 of these rules, to preside over the Morning Court;

        (d) " Government" means the Government of Maharashtra;

        (e) " High Court" means the High Court of Bombay;

        (f) "Member of Staff" means any person or employees working in the Courts.

3. Jurisdiction of Morning Court :- The Morning Court shall have jurisdiction to entertain and try all kinds of cases, suits or other proceedings as may be assigned by the Principal District Judge, Principal Judge, Chief Judge, Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be.


4. Appointment of Morning Court Judges :- (1) The High Court may appoint, depute or transfer any serving Judicial Officer as a Morning Court Judge.

(2) The Government may, in consultation with the High Court, appoint any retired Judicial Officer as a Morning Court Judge ;
Provided that, no person shall act as a Morning Court Judge after he has completed sixty-seven years of age.


5. Appointment of member of staff of Morning Court- (a)(1) The Presiding Officer may, in consultation with the Principal District Judge, Principal Judge, Chief Judge or the Chief Metropolitan Magistrate at the station, as the case may be, appoint any serving member of the staff to be a member of the staff of the Morning Court.

(2) The Principal District Judge, Principal Judge, Chief Judge or the Chief Metropolitan Magistrate may appoint any person who had been a member of the staff to be a member of the staff of Morning Court ;

Provided that, no person shall work as a member of the staff in the Morning Court after he has completed sixty-two years of age.

(3) The number of staff shall not exceed more then five, that is, one Assistant Superintendent, wherever necessary, one Sheristedar or one who is holding a post not higher then that of the Sheristedar, one Stenographer (Lower Grade), one Clerk-Typist and one Peon, for each Morning Court.

(b) The Director of Prosecution shall appoint as many Assistant Public Prosecutors as may be required to conduct the case before the Morning Court, who shall be entitled to get twenty per cent of their basic pay in addition to their officiating pay.


6. Notification of Morning Court :-  The High Court may notify as many Courts to be the Morning Courts as required under these rules, not exceeding the number of the Morning Courts sanctioned by the Government, from time to time.


7. Working Hours :-  All Morning Courts shall sit everyday except on holding during the period from 8-30 a.m.


8. Restrictions to work in both the shift :-  No in service Judicial officer shall work in Morning Court as well as Evening Court on any single working day.

9. Remuneration :- Remuneration of Morning Court Judges and members of staff in Morning Courts shall be as under : (1) Where the serving Judicial Officers are appointed to preside over the Morning Courts, they shall be paid twenty per cent of their respective basic pay as revised from time to time, as additional pay.

(2) Every retired Judicial Officer, who has been appointed as a Judge of Morning Court, shall be entitled to twenty per cent of his last drawn basic pay as was admissible to him prior to his retirement.

(3) The staff members appointed in Morning Court shall receive twenty per cent, of their respective basic pay as revised from time to time, as additional pay.

(4) The retired staff members, if any, appointed to work in the Morning Court shall be entitled to receive twenty per cent of their respective last drawn basic pay as was admissible to them prior to their retirement.


10. Supervision and Control :-  Subject to the overall control of the High Court, the Principal District Judge, Principal Judge, Chief Judge, Chief Metropolitan Magistrate or the Chief Judicial Magistrate at the station, as the case may be, shall supervise and monitor the functioning of the Morning Courts.

11. Discontinuation of service :- The service of the Morning Court Judge appointed under sub-rule (2) of rule 4 and a member of staff appointed under sub-rule (2) of rule 5 to work in the Morning Court may be discontinued by the appointing authority at any time without notice and without assigning any reason and upon such discontinuation he shall immediately cease to hold such office. Such discontinuation of service shall not be treated as a stigma and shall not have adverse effect on his career in any manner.

12. Saving :- (1) The law in force, as applicable to the Regular Courts, shall also be applicable to Morning Courts notified under these rules.

(2) The jurisdiction of Morning Court to deal with the cases specified in rule 3 of these rules shall be concurrent with the Regular Court.