High Court of Madhya Pradesh


utilization of grant sanctioned By 14th Finance commission
under different Heads



In Chief Justices Conferences-2016, held on 16th April, 2016, it was resolved that following strategy be adopted by the High Courts :

(i)          Constitution of a Dedicated Cell for the utilization of funds. The composition of the Cell should consist of policy makers, experts in planning and budgeting, senior judicial officers and persons to be nominated by the Chief Justice. The Cell shall be assigned the task of :

(a)         Preparing perspectives/annual plans and time lines;

(b)         Drawing up budget estimates;

(c)         Monitoring and review of the implementation of each scheme;

(d)         Taking up the matter with the State Government to ensure release of funds.

(ii)         Submitting a request for funds from the State Government within time for financial years 2016-17 to 2019-2020;

(iii)        Ensuring that funds are spent in accordance with the budgetary allocation and speedy and effective utilization. For this purpose, periodical meetings and reviews be conducted; and

(iv)       Monitoring of schemes and outcomes through special online portals and ICT tools.

 

Progress made be reviewed in SCMS meetings and quarterly progress reports be forwarded to the Supreme Court for review by NCMS.

In view of the aforesaid, Hon'ble the Acting Chief Justice vide order vide Order No.A/2296 dated 23rd June, has been pleased to Constitute a Dedicated Cell for utilization of funds received under 14th Finance Commission, as resolved in the Chief Justice Conference, 2016 held on 22nd & 23rd April, 2016, consisting of Hon’ble Shri Justice J.K.Maheshwari, Hon’ble Miss Justice Vandana Kasrekar and Hon’ble Shri Justice H.P. Singh. Principal Registrar (Vigilance), Shri Captain Anil Kumar Khare (IFS), Advisor, Joint Director, Finance Department. In addition a internal Cell consisting of Registrar (DE), OSD(DE), OSD (MPSJA), Deputy Secretary, MPSLSA, Registrar (IT), Court Manager, High Court, Jabalpur and Assistant Registrar (Accounts) has been constituted vide order No.B/5182 dated 05.11.2016.

 

D.P.R. for Justice Sector under the recommendations of 14th Finance Commission has been sent to the Principal Secretary, Law & Legislative Affairs Department, Government of M.P. Bhopal with regard to grants-in-aid received to the tune of ` 719.89 crore, under 11 Items in six heads (Pendency Reduction, Re-Designing Existing Courts complexes, Technical Manpower Support, Scanning & Digitization, Enhance access to Justice and Capacity Building) for the period 2015-16 to 2019-20 for five years. As per direction, the DPR has been prepared. The Statement showing the financial implementation for 11 items under 14th Finance Commission for strengthening of Justice Sector, for five years, in the State of M.P. is placed herein below :-


(FOR THE FIVE YEAR 2015-2016 TO 2019-2020)


Sr. No.

 

Particulars of the item

Amount in crore Rs.

2015-2016

2016-2017

2017-2018

2018-2019

2019-2020

1

Additional Courts

26 Additional Courts

Human Resources, Rental Expenses and Operational Expenses

2.54

12.86

13.78

14.78

15.88

2

Fast Track Courts

133 Fast Track Courts

Human Resources, Rental Expenses & Operational Expenses

12.97

65.87

70.51

75.57

81.18

3

Family Courts

20 Family Courts

Human Resources, Rental Expenses & Operational Expenses

1.95

9.93

10.59

11.36

12.19

4

Re-Designing Existing Courts

For 176 court complexes in which re-designing are required

4.50

21.00

21.00

21.00

20.50

5

Technical Manpower Support

2.26

9.41

9.41

9.40

9.40

6

Scanning & Digitization

2.95

14.01

14.02

14.01

14.01

7

Law Schools

For based legal aid clinic with focus on under trials

0.28

0.81

0.81

0.81

0.80

8

Lok Adalat

For Mega Lok Adalat & 133 Lok Adalat

0.42

2.04

2.03

2.03

2.03

9

ADR Centres

For Establishment of 27 A.D.R. Centers

2.00

5.00

5.00

5.00

5.00

10

Mediators

For Establishment of 53 Mediation Center

2.25

9

9

9.75

9.75

11

Capacity Building

For construction & development of training Center, Furniture, Equipments etc.

1.37

3.03

3.03

2.53

1.04

 

Total (683.65)

33.49

152.96

159.18

166.24

171.78

 

Presently, three meetings of aforesaid Dedicated Cell have been convened on 15.09.2016, 08.11.2016 and 14.02.2017 respectively. Resolutions have been passed for utilization of funds received under 14th Finance Commission, as resolved in the Chief Justice Conference, 2016 held on 22nd & 23rd April, 2016.


PROGRESS REPORT FOR THE QUARTER OCTOBER 2016 TO DECEMBER 2016

  • It is submitted that inspite of repeated requests with the State Government, no provision has been made with regard to budget allocation for the financial year 2015-2016.
  • It is submitted that data regarding progress under 14th Finance Commission has been uploaded in the website of M.P. High Court.
  • It is submitted that budget estimates has been drawn up for the financial year 2017-2018, 2018-2019 and 2019-2020.
  • Perspectives/Annual plans for the financial year 2017-2018, 2018-2019 and 2019-2020 has been prepared.
  • Budget allocation has been received in first Supplementary for the financial year 2016-2017 under following heads :-

Sr. No.

Head and Sub-head

Allocated fund

(` in crore)

1.

Re-designing Court Complexes :

a. Up-gradation of amenities to be provided to Stakeholders.

 

2.50

2.

Scanning and digitization.

7.25

3.

Supporting Law Schools.

0.15

4.

Establishing ADR and Mediation Centres

13.50

5.

Providing Incentives to the Mediators

1.00

6.

Capacity Building

a. Training of Judicial Officers.

 

5.66

 

 

 

7.85

b. Training of Mediators and Lawyers.

2.19

Total

32.25

 

  • Vide letter No. 1957 dated 03-11-2016 Member Secretary, State Legal Services Authority, Jabalpur apprised that no funds have been received so far under heads Supporting Law Schools, Establishing ADR and Mediation Centres Providing Incentives to the Mediators.
  • It is submitted that Hon’ble Committee for Monitoring the Implementation of Schemes and Utilization of Grants under 14th Finance Commission resolved in the meeting held on 15.09.2016, as follows :-

1.                  Pendency Reduction –

  1. Additional Courts -

Resolved that for 16 Courts under N.I.Act and 10 Courts under M.V. Act, services of only serving Judicial Officers may be taken. Also resolved to direct office to take following steps within 15 days –

  1. Explore as to whether vacant Court rooms are available in Districts where such Courts are needed to be established.
  2. In case of unavailability, explore and identify buildings/constructions (Govt or private) in which such Courts may be established.
  3. In case of unavailability of buildings as in b, a proposal may be drawn by the office to be sent to the State Govt. for re-appropriation of funds for construction of Court Rooms in the identified District Court premises.

The Committee also resolved to direct office to identify the Districts in which such Courts can be established in the current year 2016-2017.

II. Establishment of Fast Track Courts

Resolved to direct office to identify preferential places for establishing FTCs in the current year according to priority and availability of infrastructure. Office to also identify Judicial Officers who may preside over such FTCs. Such Judicial Officers may be serving as well as retired (if so permitted by Administrative Committee (HJS)). The matter be placed before Hon’ble Administrative Committee (HJS) and this Committee be apprised of the resolution in its next meeting.

III. Establishment of Family Courts

Resolved to direct office to identify Districts where Family Courts may be established on priority basis in current year 2016-2017. Further resolved that apart from serving Judicial Officers, retired Judicial Officers may also be considered for appointment in such Family Courts.”

In the meeting held on 08.11.2016, Hon’ble Committee in Item No.1, confirmation of minutes of previous meeting, resolved as follows :-

Item No.1 (1) – Consideration regarding establishment of Additional Courts for cases under N.I. Act, M.V. Act, Family Court Act and also for establishment of Fast Track Courts.”

Vide notification No.16259 dated 05.10.2016, 231 regular posts in HJS cadre and 325 regular posts in JS cadre have been sanctioned by the Govt. of M.P. and basic infrastructure for 16 Courts under N.I. Act, 10 Courts under M.V. Act and 9 Family Courts are not available in the respective identified places even on rental basis. Hence, funds provided for Human Resources, Rental Expenses and Operational Expenses for the establishment of the above Courts may be utilized for construction of new Court Rooms/building and other facilities therefore, proposal for re-appropriation of funds in this regard be sent to the State Government through P.S. Law & Legislative Affairs Department, Government of M.P. Bhopal.”

  • In compliance with the aforesaid resolution, vide Memo No.B/5464 dated 21.11.2016, Principal Secretary, Law & Legislative Affairs Department, Government of M.P. Bhopal was requested to re-appropriate/re-allocate the funds for construction of new Court Rooms/Buildings and other facilities which was received under Human Resources, Rental Expenses and Operational Expenses, under intimation to the Registry.
  • In the above context, Principal Secretary, Law & Legislative Affairs Department Bhopal vide letter No.4564/2016/21-B(One) Bhopal 22.12.2016 has requested to send revised D.P.R. for construction of new Court Rooms/Buildings and other facilities, for re-allocation of funds received under Human Resources, Rental Expenses and Operational Expenses so that necessary further steps may be taken for re-allocation of funds.
  • In the above context Revised DPR has been sent to Principal Secretary Law & Legislative Affairs Department, Bhopal vide letter No. B/187 dt. 09-01-2017 but no response has been received from the end of Law & Legislative Affairs Department, Bhopal.
  • In compliance of the budget allocation of 32.25 crore, the Statement of funds utilized till 31st December, 2016 as given below :-

S. No.

Name of Scheme/ Details

Funds proposed

(In Rs. Crore)

Fund Released during year 2016-2017 (In Rs. Crore)

Fund utilized/ consumed (In Rs. Crore)

1

Pendency Reduction

43.25

0

 

2

Redesigning court complexes :

44

 

0

 

 

*

Facility to Stake Holders

-

2.5

1.38

3

Technical Manpower

2.75

0

 

4

Scanning and Digitization

7.25

7.25

 

5

Supporting Law Schools

0.15

0.15

 

6

Establishing ADR & Mediation Centres

13.5

13.5

 

7

Giving Incentives to Mediators

7.9

1

 

8

Capacity Building (for furnishing, Training, Furniture, equipment etc.)

Training of Judicial Officers

5.66

7.85

 

9

Training of Mediators & Lawyers

2.19

 

 

 

Total

126.65

32.25

1.38

S. No.

Name of Scheme/ Details

Funds proposed

(In Rs. Crore)

Fund Released during year 2016-2017 (In Rs. Crore)

Fund to be utilized/ consumed (In Rs. Crore)

Remark

1

Pendency Reduction

43.25

0

 

 

2

Redesigning court complexes :

44

 

0

 

 

The amount of Rs. 2.50 Crore shall be utilized for the purchase and installation of Display panels under the budget head 1486-22-013 for providing facility to stake holders.

*

Facility to Stake Holders

-

2.5

2.5

3

Technical Manpower

2.75

0

---

In this regard as per directions of Computer and e-Court Committee the communication was made to Member, e-Committee Supreme Court of India regarding the technical manpower in response to which the communication was received from e-Committee, Supreme Court of India that the technical manpower provisioned from the 14th Finance Commission grant it not within the purview of the e-Committee, Supreme Court of India. This Registry vide memo no. Reg(IT)(SA)/2016/1206, dated: 22/12/2016 has made communication to the Principal Secretary, Law and Legislative Affairs Department, Government of Madhya Pradesh, Bhopal.

 

4

Scanning and Digitization

7.25

7.25

4.75

Scanning & digitization work is under progress at pilot level at District Court of Jabalpur and Indore from the existing vendor of the High Court M/s Capital Business Systems Pvt. Ltd., New Delhi. The amount for scanning / digitization of the District Courts shall be utilized from the funds of 14th Finance Commission under the Budget Head 1487-31-010. In this regard it is to submit that the work order has already placed to M/s Hitachi Systems Micro Clinic Pvt. Ltd. New Delhi for the purchase of equipments that is to be required for storing of the scanning / digitized images / database and the Oracle Database. The machines are already supplied at High Court of M.P., Jabalpur and the installation of same is under process

5

Supporting Law Schools

0.15

0.15

 

The fund disbursed but not available/ deposit in the account of MPSLSA. Right now the funds are utilized in anticipation of getting the budget, after entering into the IFMIS server.

6

Establishing ADR & Mediation Centres

13.5

13.5

 

7

Giving Incentives to Mediators

7.9

1

 

8

Capacity Building (for furnishing, Training, Furniture, equipment etc.)

Training of Judicial Officers

5.66

7.85

2.81

The work order has been placed for setting up of AV system, display panels etc. The amounts of Rs. 2.81 also include the expense of furnishing at Regional Training Center of MPSJA, Gwalior of Rs. 1.60 Cr. for purchase of furniture item.

9

Training of Mediators & Lawyers

2.19

 

 

 

Total

126.65

32.25