# In supersession of the Circular Letters No- 39 dated 22nd July, 1960, Circular

- **Citation:** C.L. No. 87/VIIIa-27
- **Court:** Allahabad High Court
- **Decided:** 1985-12-09
- **Case number:** C.L. No. 87/VIIIa-27
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/in-supersession-of-the-circular-letters-no-39-dated-22nd-july-1960-circular-163021
- **Pages:** 3

## Text

104
small income is to be preferred for this appointment to a legal practitioner who has a
good practice.
C.L. No. 87/VIIIa-27, dated 9th December, 1985
In supersession of the Circular Letters No- 39 dated 22nd July, 1960, Circular
Letter No. 84/VII-d-27 dated 31st May, 1971, C.E. No. 162/VII/d-27 dated 23rd
December, 1971, Circular Letter No. 33/IV-27 dated 18th April, 1973, Circular Letter No
29/VIId-26 dated 25th February, 1974 and Circular Letter No. 38/Vc-94 dated 28th
March, 1976 and any other Circular Letters issued in this regard, the following
instructions should henceforth be strictly observed by all concerned in order to have an
effective control over the appointment, work and conduct of the Oath Commissioners.
1.
The appointment of the Oath Commissioners should be made by the District
Judge after inviting applications from the practicing advocates. For the purpose of
making selection among the applicants, a committee of three officers to be
nominated by the District Judge should be formed. The Committee shall
scrutinize the applications and shall submit a list of Advocates who, in its opinion,
are fit to be appointed as Oath Commissioners. The District Judge shall scrutinize
the recommendation made by the Committee and it shall be within his right to add
or delete, any name(s) from the list submitted by the Committee. While making
appointment of Oath Commissioners, Scheduled Caste and Scheduled Tribe,
Lawyers should also be kept in view.
2.
The term of Oath Commissioners shall be one calendar year. Appointment shall
be made by the end of December and shall be effective from the following 1st of
January till 31st of December. The District Judge may strike off name of any Oath
Commissioner, if it comes to his knowledge that incorrect facts have been
produced by him for securing his appointment as such. The name of the person
including the ones indulging in the malpractice or charging fee higher than
prescribed or verifying affidavits without the deponent appearing before him or
shirking work or engaged in any other sort of malpractice shall be removed from
the list of Oath Commissioners by the District Judge. From out of the Oath
Commissioners appointed by him, the District Judge shall designate one such
Oath Commissioner as Oath Commissioner -in-charge.
3.
The place of sitting of Oath Commissioners shall be fixed by the District Judge.
The duties of the individual Oath Commissioners shall be assigned according to
the place of their practice, that is to say, Civil Court/ or Collectorate. The Oath
Commissioner-in-charge shall assign duties to specific Oath Commissioners
fixing dates and duty hours to ensure that during working hours, Oath
Commissioners are available for verification of affidavits. It shall be the duty of
Oath Commissioners to sit in the office during duty hours for verifying affidavits.
A copy of the schedule of working programme should always be forwarded by the
Oath Commissioner-in-charge for information to the District Judge. Its copies
should be sent to the local Bar Association and it should also be pasted on the
notice board outside the place of sitting of Oath Commissioners for information to
the general public.
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4.
A pool should be formed for the income from the affidavits and the entire income
from affidavits shall be pooled. No individual Oath Commissioner should be
allowed to pocket the fee which he gets by verifying affidavits. The Oath
Commissioner-in-charge will be responsible for keeping the pool income in his
custody and to maintain its account and to disburse it to Oath Commissioners
equally once a week.
5.
Instead of the register of affidavits prescribed by Court's C.L. No. 39 dated 22nd
July, 1960, a register of affidavits in the following form shall be maintained by
Oath Commissioners for making entries of affidavits and the income derived from
verification of affidavits: -
Sl.
No.
Date
Time
Particulars of the suit or criminal case or other
proceedings in which affidavit is to be filed
Name of
Parties
1
2
3
4
5

Name of the Court to
which the suit or case
or proceeding relate
Name of the
person verifying
the affidavit
Name of the person
identifying the
deponent
Court or authority
before which the
affidavit is to be filed
6
7
8
9

Name of the Oath
Commissioner
verifying the affidavit
Signature
of the
deponent
Signature of the
person
identifying the
deponent
Signature of the
Oath
Commissioner
Place where
affidavit was
verified
10
11
12
13
14

Amount realised
Remarks
15
16

After entering affidavits in the register, the serial number at which such entry has
been made should be noted on affidavits by the Oath Commissioner along with the date
and time of verification. The register of affidavits should be submitted to the District
Judge or to any other officer nominated by the District Judge once a month. The District
Judge may, in his discretion, at any time summon the register for his perusal.
6.
While verifying affidavits each Oath Commissioner should write his full name in
legible hand along with his signature and he shall also put a rubber stamp indicating his
full name on the affidavit.
7.
For the facility of the litigant's .to avail of the services of Oath Commissioners
after the court hours arrangement should be made mutually amongst the Oath
Commissioners to make one or more of them available at his residence during fixed
hours. Names, residential addresses and hours of availability of Oath Commissioners
should be displayed on a notice board outside Bar Association or the place where the
register of Oath Commissioners is kept and affidavits are verified.
8.
Oath Commissioners appointed by the District Judges are not entitled to attest
affidavit intended to be used in a proceeding other than a judicial proceeding.
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9.
A register for maintaining accounts and utilization of coupons shall be maintained
by the Oath Commissioner-in-charge. At the time of taking coupons this register will be
produced before the Central Nazir who will before issuing coupons, verify whether the
coupons issued earlier have been utilized. No coupons should be issued to an individual
Oath Commissioner, but only to the Oath Commissioner-in-charge. At the time of issue
of coupons the Oath Commissioner-in-charge shall also submit utilization certificate
before the Central Nazir. The Coupon Register maintained by Oath Commissioners,
should also be put up at least once in a month before the Oath Commissioner-in-charge,
for inspection and verification of due utilization of the coupons issued.
A Register for recording the issue of coupons shall also be maintained by the
Central Nazir and the coupons issued to the Oath Commissioner-in-charge from time to
time will be entered in this register and his signature obtained in token thereof.
10.
The Munsarim and Reader of the Court should scrutinize carefully all affidavits
filed in any suit, appeal, revision or in any other proceeding and should see that they are
in accordance with the provision of Order XIX, rules 3 to 15, C.P.C. An affidavit not
duly and properly drawn and verified and not containing coupon would deserve to be
rejected. In such a case the Presiding Officer of the court should inform the District Judge
or the officer nominated by him, so that appropriate action may be taken against the
erring Oath Commissioner.
11.
The District Judge or the officer nominated by him may from time to time issue
necessary orders regulating the working of the Oath Commissioners and such orders shall
be strictly followed by the Oath Commissioners.
C.L. No. 23/VIId-27, dated 26th March, 1954
All Oath Commissioners should carefully read the rules contained in order XIX
of Schedule I of the Code of Civil Procedure as amended by this Court (Particularly Rule
11-A) for strict compliance while verifying affidavits. If they do not follow the rules
properly their names should be removed from the list of Oath Commissioners.
C.L. No. 76/VIId-27-Admn.(B), dated 4th April, 1977
All District Government Counsel, Additional District Government Counsel and
Senior A.P.P.S. may be appointed Commissioners of Oath in order to facilitate swearing
of affidavits to be filed on behalf of the prosecution in any court under the Code of
Criminal Procedure, 1973. Their appointment as such may be made by the District Judge
under section 297 (i) (b) of the said Code.
DRAFT ORDER
(1)
 The District Public Prosecutor (i.e.. the District Government Counsel, Criminal)
and all Additional Public Prosecutors, Class I and Class II (i.e., Additional and Assistant
District Government Counsel, Criminal) and all Senior Prosecuting Officers (who under
the Code of Criminal Procedure are "Assistant Public Prosecutors" for the time being
serving in this district shall ex-officio be Commissioners of Oaths under section 297(i)(b)
of the Code of Criminal Procedure, 1973 for the purpose of administration of oath or
solemn affirmation to deponents of affidavits to be used on behalf of the prosecution
before any court under the said Code.