*THE PUNJAB CIVIL SERVICES (PREMATURE
RETIREMENT) RULES, 1975.
Rules framed by the Punjab Government under Article 309 of the Constitution of India and all other powers and with the previous approval of the Central Government under sub-section (7) of section 115 of the States Re-organisation Act, 1956 and sub-section (6) of section 82 of the Punjab Reorganization Act, 1966.
1.Short title and commencement. - (1) These Rules may be called the Punjab Civil Services (Premature Retirement) Rules, 1975.
(2) They shall come into force at once.
(3) They shall not apply to the Secretarial staff of the Legislative Assembly.
2. Definitions. In these rules, unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them, that is to say -
(1) "appropriate authority" means the authority which has the power to make substantive appointments to the post or service from which the Government employee is required or wants to retire or any other authority to which it is subordinate.
(2) "employee" means any person appointed to public services and posts in connection with the affairs of the State of Punjab, excluding those listed in rule 7.
(3) 'qualifying service' means service qualifying for pension.
3. Premature Retirement. - (1)(a) The appropriate authority shall, if it is of the opinion that it is in public interest to do so, have the absolute right, by giving an employee prior notice in writing, to retire that employee on the date on which he completes twenty-five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice.
(b) The period of such notice shall not be less than three months :
Provided that where at least three months' notice is not given or notice for a period less than three months is given, the employee shall be entitled to claim a sum equivalent to the amount of his pay and allowances, at the same rates at which he was drawing them immediately before the date of retirement, for a period of three months or, as the case may be, for the period by which such notice falls short of three months.
(2) Any Government employee may, after giving at least three months' previous notice in writing to the appropriate authority retire from service on the date on which he completes twenty-five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:
Provided that no employee under suspension shall retire from service except with the specific approval of the appropriate authority.
(3) (a) At any time after an employee has completed twenty years of qualifying service, he may, by giving notice of not less than three months in writing to the appropriate authority, retire from service.
(b) The notice of voluntary retirement given under this sub-rule shall require acceptance by the appropriate authority.
(c) Where the appropriate authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
(4) The employee, who has elected to retire under sub-rule (2) or sub-rule(3) and has given the necessary notice to that effect to the appropriate authority, shall be precluded from withdrawing his notice except with the specific approval of the appropriate authority :
Provided that the request for withdrawal shall be made before the intended date of his retirement.
Note 1 - A notice of less than three months may also be accepted by the appropriate authority in deserving cases, with the concurrence of the State Government in the Department of Personnel and Administrative Reforms.
Note 2 - If an employee retires under sub-rule (2) or (3) above while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave shall be recovered as provided in rule 8.119 (d) of the Punjab Civil Services Rules, Volume I, Part I.
Note 3 - In computing the notice period of three months referred to in rule 3, the date of service of the notice and the date of its expiry shall be excluded."
4.(1) A retiring pension and death-cum-retirement gratuity shall be granted to an employee who retires or is required to retire under rule 3.
(2) While granting proportionate pension and gratuity to an employee retiring under sub-rule (3) of rule 3, his qualifying service, as on the date of intended retirement shall be increased by period not exceeding five years, so however, that the total qualifying service of the employee would have completed had he retired on the date of his superannuation, whichever be less.
(3) The pension and gratuity of the employee retiring under sub-rule (3) of rule 3 shall be based on the emoluments as defined in rule 6.19-C and 6.24 of the Punjab Civil Services Rules, Volume II, and the increase in his qualifying service under sub-rule (2) shall not entitle him to any national fixation of pay for purposes of calculating pension and gratuity.
(4) The amount of pension to be granted after allowing increase in the qualifying service under sub-rule (2) shall be subject to the provisions of rules 2.2. and 6.4 of the Punjab Civil Services Rules, Volume II..
5. Overriding effect. - The provisions of these rules shall have effect not-withstanding anything inconsistent therewith contained in any other rules for the time being in force.
6. Repeal.- All rules regulating the conditions of service as respects premature retirement of persons appointed to public services and posts in connection with the affairs of the State of Punjab, in force immediately before the commencement of these rules, are hereby repealed :
Provided that -
(a) such repeal shall not effect the previous operation of the rules hereby repealed or anything done, or any action taken, thereunder;
(b) any proceedings under the rules hereby repealed, pending at the commencement of these rules shall be continued and disposed of in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.
7. Saving. - Nothing in these rules shall apply to the members of the All India Services.
8. Interpretation . If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Governor by a general or special order and the Governor or such other authority shall decide it.
POLICY AND PROCEDURE REGARDING VIGILANCE
ENQUIRIES AND VIGILANCE CASES.
The following instructions have been issued by the Government laying down the policy and procedure relating to vigilance enquiries and vigilance cases :-
(i) It has been decided that the Vigilance Bureau should be enabled to concentrate its attention on enquiries relating to Gazetted Officers. Hence in future, as a general policy, the responsibility for dealing with any fresh complaints of corruption against non-gazetted officers will ordinarily lie with the concerned Heads of Departments. If such a complaint is received directly in the Vigilance Bureau, it will transmit it to the concerned department for disposal. The following will be the exceptions to this general approach :-
(a) Where the complaint against a non-gazetted officer is an integral part of a complaint against a gazetted officer ;
(b) Where the executive department feels that it will not be possible to effectively probe into the complaint and, therefore, desires the Vigilance Bureau to undertake the enquiry.
(ii) According to the present procedure, where in a case it becomes necessary to launch criminal prosecution and obtain sanction in respect of a non-gazetted officer, the Vigilance Bureau routes such a proposal through the Vigilance Department. In future, the Vigilance Bureau will be competent to refer such proposal directly to the Head of Department concerned for necessary action.
(iii) In cases where non-gazetted officers are arrested by the Vigilance Bureau in criminal cases, the Bureau will henceforth be competent to inform the concerned department directly.
(iv) Henceforth the Vigilance Bureau will have the authority to arrest Class II gazetted officers in trap cases and merely send information to the Government in the Vigilance Department. For the rest of the gazetted officers in other cases, the present practice of obtaining sanction of Government will continue.
(v) Where, on a complaint received by it, the Government in the Vigilance Department order a regular enquiry against a gazetted officer and a prima facie criminal case is made during the enquiry, it will not be necessary that the whole enquiry should be completed. A criminal case may be registered at that very stage and the rest of the probe may be completed during the investigation of the criminal case.
(vi) As at present, prior permission of Government will continue to be necessary before the Vigilance Bureau registers a regular enquiry/criminal case against gazetted officers.
(vii) Where a raid on the residence of a gazetted officer is considered necessary, the concerned officer of the Vigilance Bureau should obtain the approval of the Director of Vigilance Bureau if the raid is to be organized at the residence of Class II officers. In the case of raid at the residence of Class I officers, prior permission of Government will be necessary.
(issued by the Chief Secretary to Government, Punjab - vide No. 2293 - V(3)-78/4245, dated May 9, 1978).
The above instructions were supplemented by another letter issued by the Vigilance Department - vide No. 19(1) 79-V(3)/9135 dated October 15, 1979, which are to the following effect:-
(i) The Administrative Departments/Heads of Departments themselves should continue to exercise full vigilance on the work and conduct of the Government employee working with them. The designated Vigilance Officers and also Heads of the Directorates may maintain registers indicating complaints received against their employees and action taken in the matter. The complaints and final reports of enquiries referred by the Vigilance Department may also be noted in these registers. They should send periodically returns in appropriate pro forma (to be prescribed by the Vigilance Department) to the Vigilance Department. Secretary Vigilance along with I.G. Vigilance should also hold periodical review meetings with the Vigilance Officers of various Departments. Once in a period or so, a meeting would also be convened at the level of Chief Secretary with Secretary Vigilance and all Administrative Secretaries for a general review.
(ii) At present non-gazetted staff in various departments are beyond the purview of the Vigilance Bureau. It has been decided that while the Vigilance Bureau may continue to primarily deal with important cases involving senior officers, it should not be barred from making enquiries against N.G.Os. However, such enquiries in regard to N.G.OS should ordinarily not exceeding 5 to 10 and cover serious allegations of disproportionate assets, cheating, forgery, embezzlement of funds and misappropriation etc. While the bulk of the cases in regard to non-gazetted staff may appropriately continue to be handed by the concerned departments, the selective entry of the Vigilance Bureau in the field should have a healthy deterrent powers regarding registration of enquiries and cases against N.G.Os. But sanctions would be given at the level of S.P. Vigilance. On the basis of evidence collected during investigation of regular enquiry or a criminal case as to what further necessary action is to be taken should, however be decided by the Vigilance Department.
(iii) In regard to procedural matters which impede the progress of enquiries with the Inquiry Officer it has been decided inter-alia that the District Attorney attached with the Inquiry Officer may act as the Presenting Officer for all enquiries which are referred direct by the Administrative Departments to the Inquiry Officer (Vigilance).
(iv) It has been decided that in the interest of clean administration vigilance clearance certificate may henceforth be made a pre-requisite in all cases of promotions, empanelment, retirement and deputation on foreign training etc. of Government employees.
Para (iv) of the instructions issued on 15th October, 1979 has further been modified by the instructions issued on 10th January, 1980 to the following effect:-
"In future Vigilance clearance certificate in respect of integrity would be pre-requisite in all cases of promotions, empanelment and deputation on foreign training etc. of Class I State Service Officers (including promotion of Class II Officer to Class I) and All India Service Officers. For the remaining employees, the necessary clearance certificate may be taken by the Departments concerned from their own Chief Vigilance Officers who will keep necessary liaison with the Vigilance Department.
The Vigilance Clearance certificate before retirement shall continue to be obtained from the Vigilance Department in respect of all Gazetted Officers as at present before sanction of pension/Gratuity.
(Punjab Government Vigilance Department U.O. No. 19(1)79-V(8) dated 10th January, 1980)
INSTRUCTIONS REGARDING REDRESS OF PUBLIC
It has been decided that officers at all levels should pay personal attention to this work. In super session of all previous directions except where indicated to contrary the following instructions and procedures will be observed at the State and the lower levels :-
(i) All anonymous and pseudonymous complaints should be rejected and destroyed.
(ii) In regard to complaints which are entertained the authority competent to punish should be assigned the duty of the disposal of the complaint.
(iii) The complainant should while representing to the higher authority, give a statement to the effect that he has approached the lower authorities and failed to get redress of his grievances; provided that in case of any allegation of corruption a proper affidavit should be required.
*(iv) Normally a complaint/grievance should be disposed of in period not exceeding four weeks but where, after fact finding and preliminary enquiry action against delinquent official is to be taken, then the process should be completed within three months. Efforts, however, should be made to dispose a complaint earlier.
(v) All complaints should be acknowledged within a week of their receipt, without fail.
(vi) It may not be possible for all complaints and petitions to be inquired into by Gazetted Officers as the number of such complaints/petitions runs into several thousands. But it should be ensured that enquiries are not passed down below the level of a Naib-Tehsildar/S.H.O. or an officer of equivalent status in other departments.
[*Substituted - vide Punjab Government Removal of Grievances Department, letter No. 7/19/81-P.G.O./2551, dated 25th February, 1982.]
(vii) Where complaints prove to be false or malicious, action to prosecute the complainant should be taken at the appropriate level.
2. In prescribing procedures for dealing with public grievances, Government has the following objects in view:-
(a) Grievances must be removed at the lowest level by the officers competent to do so, and as speedily as possible;
(b) If the concerned competent officer is not able to remove a grievance or is delaying action, his departmental superior should be able to take prompt action; and
(c) When the grievance is against an order passed by the Administrative Departments, a review at Government level will be made, if necessary.
3. The functions of the Grievances Department are as under:-
(1) To advise and assist the Heads of Departments and Deputy Commissioners in setting up arrangements for quick disposal of public grievances.
(2) To ensure that Government instructions for prompt redress of public grievances are carried out in all departments and districts.
(3) To undertake inquiries in cases of undue delay or urgent nature.
(4) To study the causes of major grievances and to propose remedies where possible.
(5) To suggest ways and means to improve the machinery for the removal of public grievances.
4. The grievances department will entertain complaints from the public. It will also entertain complaints from retired officials regarding their pension arrears, Pay fixation, etc. It will not entertain complaints from serving officials, but if any such complaints are received they will be brought to the notice of the Head of Department, Secretary or the Minister, as necessary.
5. The department will have jurisdiction to make enquiries in all Government Departments except the Judiciary. The complaints against Local Bodies, State Undertakings and Statutory Bodies will not be enquired into by this organisation unless specially required by the Chief Secretary, Minister-in-charge or the Chief Minister. Enquiries into the complaints against all officers/officials of the State Government including Heads of Departments and Secretaries to Government can be made by this organisation. In cases of enquiries against heads of departments and secretaries to government, prior permission of the Chief Secretary will, however, be obtained before an enquiry is undertaken.
6. (i) The Director of Removal of Grievances may receive complaints directly or through Ministers and Secretaries to Government. No officer below the rank of Secretary shall refer a complaint to Director of Removal of Grievances.
(ii) The Director will decide in what manner all such complaints as have been dealt with at the District level and are still pressed for consideration at the State level will be disposed of. In the case of urgent and serious complaints, the Director may ask the Head of the Department or the Administrative Secretary to make enquiries and furnish a report within a stipulated period. In all other cases where complaints of any Government officer are invited by the Director, these should be made available to him within 15 days.
(iii) The Director is authorised to address any officer of the Government directly and to obtain information relevant to the inquiry. Copies of such communications and replies sent by the officers should be endorsed to Head of Departments.
7. The director and his officers can for the purpose of making these enquiries: -
(i) requisition particular files, documents, etc;
(ii) take possession of the files, documents and papers;
(iii) require any person or officers/officials for assistance in the enquiry;
(iv) inspect various offices if there are complaints of persistent delays; and
(v) record statements of members of the public and officers, or where it is not considered necessary record statements, ask the Secretaries and Heads of the Departments to send their statements in writing regarding any particular matter.
8. (i) After the preliminary enquiry has been made the Director in case of gazetted officers, may recommend the Administrative Department, and in case of non-Gazetted Officers to the Head of the Department or Head of the office concerned, to suspend or charge-sheet the officer/official concerned. It will be the responsibility of these authorities to call the explanation of the delinquents under the Punjab Civil Service Rules or other corresponding rules and to award suitable punishments.
(ii) The powers of suspension and of charge-sheeting will not lie with the Director. The Director will normally recommend to the concerned appointing authorities or Head of the Department, the suspension or charge-sheeting of the delinquents.
(iii) Normally the concerned authorities shall agree with the Director. If they disagree or do not comply with the recommendations within the time limit fixed by the Director, the Director will bring the fact to the notice of the Chief Minister for further orders.
9. The Director may recommend changes in law, rule, precedents, procedures, etc., if he feels that change would bring about expeditious disposal of work or lead to removal of grievances.
10. If, while making an enquiry, it is found by the officers of the Organisation that a criminal case is made out in any particular matter, the concerned Head of Department or his subordinate officers will be required to lodge a report with the Police or the Vigilance Department.
11. The existing powers of all Secretaries to Government of Heads of Departments or other officers to enquire into the affairs in their own Departments shall continue as they are. The Directorate for Removal of Grievances will only supplement their efforts. The Secretaries to Government, Heads of the Departments or other officers shall not cease to assume responsibility for the proper conduct of their departments or to enquire into the complaints made directly to them against their own officers. To give satisfactory service to the public it is most important that all the concerned departments which have dealings with public must feel more responsive to public grievances.
12. If any officer or official or the State Government or a Government controlled undertaking fails to comply with these orders the failure shall be treated as misconduct punishable under the Punjab Civil Services (Punishment and Appeal) Rules, or other corresponding rules.
13. (i) The Director has prescribed suitable periodical returns which will enable the Government and Heads of Departments to exercise better supervision over disposal of public grievances. The four proformas already prescribed for sending periodical statements should continue. These are to be used, respectively, in the offices:-
(i) below the district level,
(ii) at the district level,
(iii) at the divisional level
(iv) by Heads of Departments.
(ii) The dates on which the returns are to reach various quarters should be strictly complied with. The note appended to each statement should be carefully studies.
(iii) At present periodical meetings are held by the Ministers with their Secretaries and the Heads of Departments to review the working of their departments. The quarterly progress report of complaints received in each department should also be reviewed in these meetings. Decisions could be taken in these meetings which would enable the causes which give rise to specific categories of complaints or which may enable the departments to deal with the complaints more expeditiously. Statement No. 4(already prescribed) should be sent by each Head of Department before the 10th of month succeeding each quarter to the Administrative Secretary, Deputy Minister and the Minister-in-charge of the Department. A copy of the Statement should also be sent to the Director of Removal of Grievances, Punjab.
(iv) The departments should also include a special paragraph in their Annual Administration Reports regarding the progress in the disposal of complaints and steps taken for the removal of grievances during the year under report.
(v) The Director of Removal of Grievances will also place an annual review of the disposal of complaints in various departments before the Council. Quarterly statement regarding the work done by the organisation will also be submitted to the Chief Secretary and the Chief Minister for their information.
14. A Public Grievances Office will be set up in the Secretariat Building. A Public Grievances Officer of the status of an Under-Secretary will be in charge of the office. It will function in the following:-
(i) Any member of the public with a complaint or grievances may see the Public Grievances Officer. In case of serious complaints, or complaints of serious delay, the complainant may see the Director of Removal of Grievances. The aggrieved person seeking redress must mention in writing that he has exhausted all the avenues of redress at the district or the departmental level.
(ii) If the complainant wants some information, it should normally be supplied within a week by the P.G.O. In all the cases the P.G.O. will indicate a definite date when the complaint should call again to receive the information. Simultaneously the P.G.O. will issue a requisition to the concerned department, to elicit the required information.
(iii) Members of the public will not be allowed to visit the branches for finding out position of their cases, or for procuring information (Such visits cause interruption of work and encourage other malpractice's). In case a member of the public wants to see any officer/ official in connection with a complaint, he will obtain a chit from the P.G.O. authorising him to seek such an interview.
(iv) It shall be the responsibility of the Branch Officer to return the P.G.O. requisition within the stipulated period along with the required information.
(v) All over- due requisitions will be brought to the notice of the Administrative Secretary through the Director of Removal of Grievances. If the slip is not returned within the next 24 hours, the matter will be brought to the notice of the Chief Secretary.
(vi) If the information cannot be had from the Secretariat, the appropriate officer will be addressed. It will be his responsibility to supply the required information within seven days. An overdue requisition will again be brought to the notice of Chief Secretary.
(vii) Where the Department has failed to take action on a complaint, the case would be brought to the notice of the Minister-in-charge/Chief Minister as necessary.
(viii) Where the complainant is not satisfied with the action taken by the department, the Director of Removal of Grievances will call for the files and submit the case to the Minister-in-charge/Chief Minister as necessary, after discussion with the Administrative Secretary/Head of Department. These files may be made available within 48 hours of the requisition.
(ix) In Special and rare cases, the Director of Removal of Grievances may make inquiries on the spot.
(x) Complaints of corruption will continue to be handled by the Vigilance Department.
15. (1) (i) As already directed, the District Public Relations and Grievances Committees stand abolished. Instead, a District Vigilance Committee will be constituted in each district and will consist of the following :--
Chairman …….Deputy Commissioner
Members …….All M.Ps., M.L.As. and M.L.Cs. from the district. President of the Municipal Committee at the district headquarters. Chairmen of the Zila Parishad, Representatives of each of the Political Parties in the district (only such parties will be allowed representations as have been recognised by the Election Commission. D.C. will address the President of the district units of such parties and ask them to intimate the name of the person who would represent the party on the Vigilance Committee ). Secretary of the district Sailors, Soldiers and Airmen's Board.
(ii) The function of this committee is to ensure that all grievances are properly looked into. Where any nonofficial member is not satisfied with the result of an enquiry, the Deputy Commissioner may entrust the matter to the Public Grievances Officer of the District and get it reinvestigated in consultation with the member complaining.
(iii) The District Officer, Heads of Departments or their representatives should be required to be present in the meetings of the District Vigilance Committee only when the agenda items concerning their departments or offices are being dealt with. Officers who are members of this Committee should not send their deputies. They should attend these meetings personally.
(iv) The meetings of the District Vigilance Committee should be held on the fifth of each month, except when it happens to be a holiday in which case it should be held on the next working day.
`(v) Complaints received by various departments at the district level directly from the public should be reviewed every month in the meetings of District Vigilance Committee. A statement showing the number of such pending complaints should be placed before the Committee every month.
(2) Every Deputy Commissioner will appoint a senior EAC/ A.C. to work as Public Grievance Officer (P.G.O.). Whenever possible this officer shall be a senior Magistrate.
(3) The office of Public Grievances Officer should be located in an easily accessible place in the Deputy Commissioner's office, preferably near the main entrance. There should be sign-boards at all the entrances indicating that members of the public may see the P.G.O. for the redress of their complaints.
(4) One of the Assistants of the P.G.O. should sit at a window, which should be used as an information counter for supplying routine information, e.g., members of the public may want to know where to apply for licences or permits, where to obtain forms etc. Dealings with public should be handled in the following manner:--
(i) The P.G.O. should meet and hear persons complaining of delay in the disposal of their cases as also those complainants who want to know the position of their applications, etc.
(ii) The P.G.O. or the Assistant on duty should write down the information required on a special P.G.O. slip, (already prescribed), which should be signed by the complainant. This should take about three to five minutes per complaint. He will also tell the complainant to call again after four days, if necessary .
(iii) All the P.G.O. slips should be handed over to the officers-in-charge of the various branches two or three times a day. The P.G.O. slips must be returned by each Branch Officer with the requisite information within 48 hours of receipt. The P.G.O. can then give the necessary information to the complainant when he calls for it.
(iv) It must be made clear to all Branch Officers that replies like “papers not available", action being taken etc., will not be entertained. Each Branch must clearly give the date when the case is expected to be finalized. In fact they should try to dispose of the case while returning the P.G.O. slip and send information directly to the complainant so that he does not have to call again.
(v) The P.G.O.'s staff should bring to the notice of the Public Grievances Officer all overdue P.G.O. slips every morning . The Public Grievances Officer will take up the matter personally with the Branch Officer concerned and ask him to take necessary action. If satisfactory action is not taken in the next 24 hours, he should bring the matter to the notice of the Deputy Commissioner. The Deputy Commissioner can and should then pull up the concerned branch/official.
The arrangement will introduce considerable efficiency in the disposal of routine matters which are at present being delayed and give rise to corruption and complaints.
In case of complaints of irregularities, injustice, harassment and serious delays-
(a) the P.G.O. will forward the complaint to the concerned officer (including other district Heads) under his own signatures. He will be entitled to call the files and give his views to the Deputy Commissioner, where the Deputy Commissioner is competent to pass final orders. It may be possible for the district Head to review or revise his decision. Where this is not possible, the P.G.O. will bring the case to the notice of the Deputy Commissioner and if the Deputy Commissioner is satisfied that there is justification in the complaint he can himself talk to the district Head. If the complainant is not given satisfaction in spite of this, the Deputy Commissioner should bring the matter to the notice of departmental superiors of that particular district officer or being it to the notice of the Government. This is a very important and a rather delicate role of the Public Grievances Officer. It should be made clear by the Deputy Commissioner and by the P.G.O. himself to all their colleagues of the other departments that the object of these arrangements is not to have parallel supervision or interference in the work of their departments. The object is merely to assist departments in removing public dissatisfaction and if legitimate grievances of the public are removed at the district level, the number of complaints pressed at the State level will automatically be reduced.
(b) The P.G.O. will pursue complaints with D.S.D.Os, Tehsildars and other heads of offices and ensure that these are disposed of expeditiously and in any case within a month from the date of receipt of the complaints. The P.G.O.’s office should do its own diary and despatch etc. so that the usual delays in issuing letters are eliminated.
(c ) So far as removal of classified complaints is concerned (i.e., where irregularities, unjust decisions are involved ) there should be a direction to all Heads of Offices to supply the relevant files to the P.G.O. within 48 hours of the requisition.
(d) The P.G.O. should also study the working of other district offices and should discuss with them their procedures, etc. The emphasis should be more on understanding each other's point of view, while ensuring that an individual does not suffer on account of capricious irregular application of rules. A tactful P.G.O. should be able to get most of the problems solved in this manner.
Complaints of corruption generally take more time to deal with because of the nature of evidence required for initiating action. It will thus be useful if, on receipt of information, the P.G.O. can make a dash to the spot and catch some official red-handed. This will have a salutory effect. However, this should be sustained as a continuous feature, otherwise the effect will quickly be lost. P.G.O. will pursue these complaints with special care.
The Deputy Commissioner and the Superintendent of Police and other district officers, as the Deputy Commissioner may consider necessary, should undertake joint tours. In the Sub-Divisions, the Sub-Divisional Officers and Deputy Superintendents of Police should also accompany them. The Deputy Commissioner and the Superintendent of Police should make a report about these tours to the Commissioner and the Deputy Inspector-General of Police. All district officers should spare an hour each day to go into the complaints of the people.
Commissioners of Divisions should review the progress of complaints periodically. They are expected to give suitable advice to the Officers or take such action as they consider necessary in order to expedite the removal of grievances.
[ Issued by Chief Secretary to Government, Punjab,---vide letter NO.500/OG/67/8920, dated May 3, 1967. ].
PRINCIPLES TO BE FOLLOWED IN REGARD TO ACTION TO BE TAKEN IN CASES WHERE GOVERNMENT EMPLOYEES ARE CONVICTED ON A CRIMINAL CHARGE.
With the intention of laying down clear and self-contained guidelines for the Departments as to how to proceed in the cases of employees convicted on a criminal charge, Government have determined the following principles inter alia on the lines of Government of India's policy :--
(a) Under Rule 13 (i) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, the Punishing Authority may consider circumstances of the case and make such orders thereon as it deems fit where any penalty is imposed on a Government employee on the ground of conduct which has led to his conviction on a criminal charge, provided that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case. In accordance with the aforesaid rule, therefore, the Punishing Authority may consider the circumstances of the case and make such orders thereon as it deems fit. It is not necessary that in every case where a Government employee is convicted by a Court of law, he is required to be dismissed or removed from service. Whether an element of moral turpitude involves or not is not the sole criteria to determine the punishment of dismissal or removal from service of a Government employee. The facts of each case are to be seen by the Punishing Authority before inflicting any punishment on a Government employee who is convicted on criminal charge . In cases where the offence is of such a nature as to render further retention in public service of the Government employee prima facie undesirable, action to dismiss, remove or compulsorily retire him from service should be taken forthwith without waiting for the lapse of the period for filing an appeal by the Government employee ( Standard Form No. 1 for such an order is annexed).
(b) In a case where the conviction of a Government employee is not for an offence which may render his further retention in public service prima facie undesirable a copy of the judgement should be called for and examined, with a view to decide about taking such further departmental action, as might be deemed appropriate in the circumstances of the case.
2. (i) If an appeal /revision in higher court against conviction succeeds and the Government employee is acquitted, the order imposing a penalty on him on the basis of conviction which no longer stands, becomes liable to be set aside. A copy of the judgement of the higher court should, therefore, be immediately procured and examined with view to decide:-
(a) Whether the acquittal should be challenged in a still higher court; or
(b) Whether, despite the acquittal, the facts and the circumstances of the case are such as to call for a departmental enquiry against the Government employee on the basis of the allegations on which he was previously convicted.
(ii) If it is decided to take the matter to a still High Court, action to institute proper proceedings should be taken with the least possible delay and the penalty imposed should not be set aside during the pendency of such proceedings.
(iii) If, on the other hand, it is decided that departmental inquiry may be held, a formal order should be made for setting aside the order imposing the penalty on the basis of the conviction; and ordering the departmental enquiry (Standard Form No. II for such an order is annexed).
(iv) In cases where the penalty imposed on the basis of the conviction was dismissal, removal or compulsory retirement from service, and a decision has been taken to institute departmental proceedings against him, the order (Form No. II) should also state that under Rule 4 (3) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, the Government employee is deemed to be under suspension with effect from the date of dismissal, removal or compulsory retirement from service.
3. For appreciating properly the scope and implications of the words "on the basis of the allegations on which he was previously convicted" occurring in para 2 (i) (b) above, the point to be taken note of is that one identical set of facts and allegations might be sufficient to constitute a criminal offence as well as misconduct not amounting to criminal offence but it may still be punishable under the Punjab Civil Services (Punishment and Appeal) Rules, 1970 or similar other rules. If the facts or allegations had already been examined by the Court of competent jurisdiction and has given a finding that the allegations are not true, then it is not permissible to hold a departmental enquiry in respect of charge (s ) based on the same facts or allegations. If, on the other hand, the Court had merely expressed a doubt as to the correctness of the allegations, then there may not be any objection to hold a departmental enquiry on the same allegations if better proof than what was produced before the Court or was then available is forthcoming. Further if the Court has held that the allegations are proved but do not constitute the criminal offence for which Government employee has been charged, in that case also there may not be any objection to hold a departmental enquiry on the basis of the said allegations, if such proved allegations are of such nature which justify departmental disciplinary action. Similarly, a departmental enquiry is permissible after the acquittal in respect of a charge which is not identical with or similar to the charge in the criminal case, and is not based on any allegations which have been negatived by the criminal court. Further more, if the allegations had not yet been examined by the Court of Law but are considered good and sufficient grounds for departmental disciplinary action, there is no bar to taking such action.
4. In cases, where neither of the courses mentioned in para 2 is followed a formal order should be issued setting aside the previous order imposing the penalty (Standard Form No. III for such an or order is annexed). In cases where the penalty imposed was dismissal, removal or compulsory retirement from service, full pay and allowances will be paid from the date of acquittal to the date of re-joining duty and the period counted as duty for all purposes where as for the period from the date of suspension/ removal/dismissal to the date of acquittal, pay and allowances will be allowed as directed by the competent authority and the period treated, as duty or non-duty under Rule 7.3 of Punjab C.S.R. Volume I, Part I.
5. It has been decided that the Punjab Public Service Commission should continue to be consulted, wherever such consultation is necessary, in all cases of conviction in a court of law including conviction for an offence involving corruption. Although in such cases, departmental action is taken on the ground of conduct which has led to an employee's conviction on a criminal charge, the quantum of punishment to be imposed on the convicted employee has to be considered in consultation with the Commission on the merits of each case as per requirements of the Punjab Public Service Commission (Limitation of Functions) Regulations, 1955.
[ Issued by Chief Secretary to Government, Punjab,----- vide U.O. letter No. 86-GOI-2GS-76, dated 23rd December, 1976. ]
FORM NO. I
WHEREAS Shri ( here enter name and designation of the Government employee) has been convicted on a criminal charge, to wit, under section (here enter the section under which the Government employee was convicted) of ( here enter the name of the statute concerned).
AND WHEREAS it is considered that the conduct of the said Shri (here enter name and designation of the Government employee) which has led to his conviction is such as to render his further retention in the public service undesirable;
NOW, THEREFORE, in exercise of the powers conferred by rule 13 (i) of the Punjab Civil Services (Punishment and Appeal Rules, 1970, and in consultation with the Punjab Public Service Commission, the Governor/ undersigned hereby dismisses/removes the said Shri (here enter name and designation of the Government employee) from service or directs that the said Shri (here enter name and designation of the Government employee) shall be compulsorily retired from service with effect from (here enter the date of dismissal/removal /compulsory retirement).
* (By order and in the name of the Governor).
( N.B. --- In the above form, portions not required should be struck off according to the circumstances of each case.)
* Only when the Governor is the competent authority .
FORM NO. II
WHEREAS Shri ( here enter name and designation of the Government employee) has been dismissed/ removed/compulsorily retired from service with effect from (here enter the date of dismissal /removal/compulsory retirement ) on the ground of conduct which led to his conviction on a criminal charge ;
WHEREAS the penalty of ( name the penalty imposed) was imposed on Shri (here enter the name and designation of the Government employee) on the ground of conduct which led to his conviction on a criminal charge;
AND WHEREAS the said conviction has been set aside by competent court of law and the said Shri (here enter the name and designation of the Government employee ) has been acquitted of the said charge;
AND WHEREAS in consequence of such acquittal the Government /undersigned has decided that the said order of dismissal/ removal/compulsory retirement imposing the penalty of (here enter the name of the penalty) should be set aside ;
AND WHEREAS the Governor /undersigned on a consideration of the circumstances of the case has also decided that a further inquiry should be held under the provisions of Punjab Civil Services ( P&A) Rules, 1970 against the said Shri ( here enter the name and designation of the Government employee) on the allegations which led to his dismissal/removal/imposing the penalty of compulsory retirement from service ( here enter the name of the penalty imposed).
NOW, THEREFORE, the Governor /undersigned hereby :---
(i) sets aside the said order of dismissal/removal/ imposing the penalty of compulsory retirement from service (here enter the name of the penalty imposed);
(ii) directs that a further enquiry should be held under the provisions of the Punjab Civil Services (P&A) Rules, 1970 against Shri ( here enter the name of the Government employee ) on the allegations which led to his dismissal/removal/the imposing of the penalty of compulsory retirement from service (here enter name of the penalty imposed);
(iii) directs that the said Shri (here enter the name of the Government employee) shall, under sub- rule (3) of rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, be deemed to have been placed under suspension with effect from ( here enter the date of the dismissal or removal or compulsory retirement from service and shall continue to remain under suspension until further orders.
(by order and in the name, if Governor)
For cases involving dismissal/removal/compulsory retirement only
[see para 2 (iv) of the instructions.]
*Only when Governor is the competent authority.
FROM NO. III
WHEREAS Shri ( here enter the name and designation of the Government employee) was dismissed /removed/compulsorily retired from service with effect from ( here enter the date of dismissal/removal/compulsory retirement ) on the ground of conduct which led to his conviction on a criminal charge;
WHEREAS the penalty of (here enter the name of the penalty ) was imposed on Shri ( here enter the name and designation of the Government employee) on the ground of conduct which led to his conviction on a criminal charge);
AND WHEREAS the said conviction has been set aside by a competent court of law and the said Shri (here enter the name and designation of the Government employee) has been acquitted of the said charge;
NOW, THEREFORE, the Governor/undersigned hereby sets aside the order of dismissal/removal/compulsory imposing the penalty of retirement from service (name of the penalty imposed).
*(By order and in the name of the Governor).
TOURING OF OFFICERS
The following is a compendium of orders issued from time to time by the Government :---
4.1. Deputy Commissioner to be informed of visits of inspecting officers to their districts.- Much importance is attached to Deputy Commissioners receiving intimation of the intention of all inspecting officers to visit their districts, and when inspecting officers of any department under the Punjab Government propose to visit a district, they should invariably give previous intimation of their intention to do so to the Deputy Commissioner in order that the latter may have an opportunity of discussing any pending questions in which oral discussion might facilitate despatch. The Deputy Commissioner need not accompany inspecting officers, other than Financial Commissioners and Commissioners of divisions, on their inspections unless they wish to do so or are specially asked to be present.
4.2. Public and private arrivals of the Governor.-The following instructions are required to be observed on the visit of the Governor to a district :-
(1) Arrivals (Official) (i) On arrival the Governor is received by all the Gazetted Officers in Civil employ and the Senior Military Officers, if present. The Commissioner/Deputy Commissioner is presented to the Governor by the Senior members of his personal staff, after which the Governor inspects a Guard of Honour, if there is one. The Commissioner/Deputy Commissioner, as the case may be, then presents the remaining officers to the Governor. If, however, the arrival or departure is before sunrise or after sunset, only the Deputy Commissioner and the Senior Superintendent of Police/Superintendent of Police, or other officers of the Superior Police Staff need be present.
(ii) If the Governor passes through a station by rail or road, no person need be present.
(2) Arrivals (Private).- On the occasion of a private arrival or departure only the Deputy Commissioner and the Senior Superintendent of Police/Superintendent of Police need be present, unless they are engaged on their essential duties, in which case their representative may be present.
(3) Departures. The following officers are normally present at the Governor's departure:--
(1) Commissioner, if present.
(2) Deputy Commissioner.
(3) Deputy Inspector-General of Police, if Present.
(4) Senior Superintendent of Police/ Superintendent of Police.
(5) Senior Military Officer, if present.
Note :-- If the Governor is travelling by train or air, receptions and departures are at the Railway Station or Air Field respectively. When the Governor travels by car, receptions and departures are at the place of residence.
(4) Accommodation (a) The Governor always occupies a Circuit/ Rest House. The whole of the House is placed at the disposal of the Governor and family. However, an Officer of his Personal Staff is accommodated in the main building, as far as possible.
(b) The other members of the Governor's Personal Staff are accommodated in the Staff Quarters attached to the Circuit/Rest House, failing which suitable tents are provided in the compound of the House.
(5) Flag.- The National flag is flown at the residence of the Governor. This flag is also hoisted on arrival of the Governor in the district.
(6) Programme.-Sufficient notice of the Governor’s tour is given to the Deputy Commissioner concerned. On receipt of this information, the Deputy Commissioner draws up a tentative programme and sends it to the Military Secretary for the perusal and approval of the Governor at least ten days before the tour begins.
(7)Address.- When addresses are to be presented to the Governor, the following points have to be borne in mind:--
(a) Addresses are as short as possible.
(b) Advance copies of the addresses are supplied to the Secretary to Governor well before the tour begins. While forwarding these, relevant information to facilitate the Governor's reply is also furnished.
*4.2A.Guard of honour etc.- (i) Ceremonial Guard of Honour should be presented to Governor, Chief Minister, Ministers and other VIP's when they arrive at the site of the State functions like 26th January, 15th August and functions for investiture of medals and other such awards.
(ii) Ceremonial Guard of Honour shall also be presented to Governor and Chief Minister When they arrive at District Headquarters.
(iii) Governor being the Head of the State shall be provided with a ceremonial Guard of Honour accompanied by a bugler.
(iv) In the case of Ministers, the Security Guard prescribed by District authorities shall turn out for presentation of arms and inspection at the time of their arrival and departure. This shall be done whether it is at District Head- quarter or at any other Rest House, etc., in the District where they may be in camp;
(v) For other Officers/VIPs for which District authorities consider it necessary to provide a security Guard the same shall similarly turn out for presentation of Arms and inspection.
(vi) The present practice of providing pilot cars to the Ministers should continue and that similar arrangements should also be there for Speaker, Ministers of States, Deputy Speaker, Deputy Ministers.
*Punjab Government U. O. letter No. 24/1/80-Pol. (I)/2171, dated 25th January, 1982.
4.3.Reception of Ministers and high officers of the Punjab Government when on tour.- The instructions relating to the reception of Ministers and High Officers of the Punjab Government when on tour are as follows:--
(1) A Deputy Commissioner should be present as a matter of course at the headquarters of his district when an official visit is paid by any of the following unless he is specifically excused from attendance:--
(a) The Chief Minister,
(b) A Minister on the occasion of his first visit to the district only,
(c ) The Chief Justice or a Judge of the High Court who is visiting the district for purposes of inspection,
(d) The Chief Secretary to Government,
(e) The Financial Commissioners,
(f) The Development Commissioner and Commissioners of Divisions.
(2) A Deputy Commissioner need not interrupt his tour arrangements in order to remain at the headquarters of his district in connection with the visit of any other officer of the Punjab Government, but if he is at headquarters when any other Head of Department visits it, he should arrange to see the latter if he has anything to discuss.
(3) The Chief Minister and the officers mentioned above in respect of visits mentioned therein will give timely notice of their intended visit to the Deputy Commissioner, with a copy to the Commissioner. When they wish to excuse the attendance of the Deputy Commissioner either wholly or for part of their visit, they will convey this fact in communicating the tour programme. It will be convenient if the information is conveyed in the following form :--
(A B does not wish the Deputy Commissioner to be present, if his presence will interrupt his plans for touring, but will wish to see him if he is at the headquarters of his district).
(4) When a Minister (other than the Chief Minister) desires that Deputy Commissioner should be present at his headquarters, when he is there, he will convey this fact when communicating his tour programme. It will be convenient if the information is conveyed in the following form :--
(A B wishes the Deputy Commissioner to be present at his headquarters on___________________________
(5) Subject to the above instructions if the arrival of a Minister (including the Chief Minister) is by train, the Deputy Commissioner will arrange to meet him at the station. If he is travelling by car, the Deputy Commissioner will meet him only if he is informed in advance to of the hour and place of arrival.
(6) If the Chief Minister is paying a fleeting visit or a private visit and does not wish the Deputy Commissioner to meet him he will intimate the fact in giving notice of his visit. If no notice is given of his visit, the Deputy Commissioner may assume that his presence is not required.
(7) If the arrival of a Minister (including the Chief Minister ) on his first official visit to the headquarters of a district, is by train, the senior district officer of every department under the control of the Minister shall be present at the station, as a matter of course, and also other gazetted officers of the department, who are present at the headquarters at the time. The Senior Superintendent of Police/Superintendent of Police, if not on tour, should also be present. If the Minister is travelling by car these officers should meet him if they are informed through the Deputy Commissioner of the hour and place of his arrival..
(8) When a Minister (including the Chief Minister) halts at the headquarters of district in the course of his first official visit to the district, all Gazetted officers who are at station should leave cards upon him. Gazetted officers of the departments under the control of the Minister should ascertain his wishes if these have not already been communicated to them regarding their presence for the purpose of general or particular discussion.
(9) If a Minister desires to discuss any question with an officer of a department not under his control he will communicate his wishes in advance through the Deputy Commissioner.
(10) The Deputy Commissioner shall give timely notice of an intended visit of a Minister (including the Chief Minister) to the senior officer of every Central, Civil departments having his headquarters in the district.
4.4.Tour Programmes to be submitted to the Secretariat in sufficient time to admit of the Government making any communication on the subject.-Heads of Departments and Commissioners are required to keep the Secretariat informed of their movements when absent from their headquarters on tour, with a view to facilitating communication with them on urgent matters. Tour programmes should be submitted to the Secretariat in sufficient time to admit of the Government making any communication on the subject of the proposed tour, which they may consider necessary to the officer in question.
4.5.Tours of Deputy Commissioners.- Obviously a Deputy Commissioner cannot manage with success the great estate committed to his care without an intimate personal knowledge of every part of it. Much of the work, moreover, that is carried on can only be effectively supervised by him on the spot. Above all it is impossible to keep in touch with the people unless he seeks frequent opportunities of that informal frank intercourse with them which is only possible in camp. A Deputy Commissioner is, therefore, expected to visit, as far as possible, every part of his charge. Normally he should spend at least three months (including 50 nights) away from the headquarters during the year. The work which must be performed at the headquarters of the district should be so arranged as to make this feasible.
Deputy Commissioners should not, however, take with them more than the minimum clerical staff required on tour.
4.6. Desirability of officers being accessible. Sometimes temper and circumstances of the people to be studied.- District officials should see as much as possible of the people. Free access should be allowed to all classes without reference to immediate business; and the custom, universal on the first acquisition of the country, according to which, on the arrival of a district officer at a village, the important functionaries of the village e.g., Sarpanch, Lambardar, etc., at once waited on him and paid their respects, should still be insisted upon. It is an important part of the district officer's duty to gain the acquaintance, and ascertain the sentiments, temper and circumstances of all sections of the population within his charge.
The Revenue Officers are required to do their touring in the Government vehicle, if provided or by bus, as the case may be.
4.7.Tours of Assistant and Extra Assistant Commissioners.- During each touring season every Assistant Commissioner should be sent into camp in turn, and , as far as possible, Extra Assistant Commissioners should be given opportunities of going into camp. The District Revenue Officer must spend the greater part in moving through the different tahsils, and it is essential that he should be on tour in the months during which the crop inspections of the spring and autumn harvests are in progress. Unless there are special reasons to the contrary, he should normally spend at least 100 days (including 90 nights ) away from the headquarters during the year, of which 63 days should ordinarily be between Ist October and 31 March and 27 days between Ist April and 30th September . A Sub-Divisional Officer should normally spend at least four months (including 90 nights) away from the headquarters during the year.
4.8.District Inspections.- Each district should be inspected in all parts. If the Deputy Commissioner is prevented from gong himself, he should depute an Assistant or Extra Assistant Commissioner, who should record diaries in his own handwriting. It is the duty of the Commissioner to see that the inspection is real and penetrating by whomsoever made. Officers should particularly endeavour to acquire the local dialect by conversing familiarly with the people. Further instructions on the subject of the tours of all officers will be found in the circulars of the Financial Commissioner.
4.9.Revenue history to be enquired into before going on tour.- Before an Assistant Collector goes on tour he should enquire into the revenue history of the tract he is going to pass through. He should make a point of visiting villages whose circumstances are precarious, and villages in which suspensions or remissions of the land revenue demands have recently been made, and should forward to the Collector a note on the state of the crops and the resources of the revenue-payers as far as he can gauge them from personal inspection. Such a note if carefully written will be of great assistance to the Collector in deciding what course to follow in the matter of recovering arrears or proposing remissions.
4.10.Land Administration Manual, paragraph 408.-Assistant Collectors should bear in mind the dependence of the revenue administration on the revenue records, and should remember when testing the records that the purpose they are intended to serve is not merely statistical, but is also subsidiary to a just and liberal revenue policy.
4.11.Importance of maintenance of the land records.- The responsibility for the maintenance of the land records rests with the Collector, and under him with the District Revenue Officer, but it is impossible for these officers by themselves to check the work of the subordinate staff adequately, and the testing of the records should be considered an essential part of the duties of every gazetted officer on the headquarters staff. Wherever possible, an Assistant Collector, Ist Grade, should, for the purpose of checking the land records, be placed in the separate charge of a tahsil, or part of a tahsil and this plan is particularly suitable in districts where the records have fallen below a proper standard and the discipline of the staff has suffered. It is not intended that the general responsibility of the District Revenue Officer under the Collector be affected, but the object in view is to ensure more systematic and frequent checking of the records. The following rules indicate how the testing should be carried out.
4.12.Inspection of land records.- The primary duty in this behalf of officers deputed to inspect the land records, is to test the quality of the supervision exercised by field kanungos over the work of patwaris, and by tahsildars and naib-tahsildars over the work of kanungos and patwaris.
The inspection by Assistant Collectors of the Ist Grade prescribed in the following paragraphs must not be regarded as relieving tahsildars and naib-tahsildars of their duty of inspecting kanungos and patwaris, laid down in paragraphs 241--247 of the Land Administration Manual and chapter 8 of the Land Records Manual.
4.13 Tours of Tahsildars and naib-tahsildars.- Tahsildars and Naib Tahsildars should spend alternative weeks in camping round the year. They are supposed to attend to the important work of attestation of Jamabandis and crop Inspections during the seven months from the beginning of October to the end of April. The revenue management of their charge cannot be efficient unless they have a thorough knowledge of the villages, in their tahsils.
When a Tahsildar or a Naib-tahsildar is about to tour in his circle, the tahsil staff should bring to his notice all pending matters which require action on the spot.
4.15.Camp establishments and supplies.- The object of district tours is to bring officers in contact with the population of the interior, and only such members of court establishments, etc., as are indispensable to the transaction of the current business should accompany them in camp. The practice of borrowing charpoys or razais or other such things from private persons for the use of a Government servant on tour is forbidden, though where guest-houses or hujrahs are maintained such Government servants are not interdicted from making use of them in the same way as other respectable travellers.
to } Deleted.
4.21.Touring returns- Annual report Returns relating to the touring of Revenue Officers should be submitted through the Commissioner to the Financial Commissioners in the form of statement annexed.
The touring statements will then be examined, and explanations where necessary, called for, and any specially favourable or adverse remarks which are recorded by the Financial Commissioner, will be communicated at once to Chief Secretary to Government, Punjab, for his information or to the officers concerned, as the case may require.
The copy submitted to the Financial Commissioner should be only for the appointments of Commissioner, Deputy Commissioner, District Revenue Officer, Settlement Officer and Extra Assistant Settlement Officer. It is left to the Commissioners to see to the touring of other officers, and a similar statement regarding such officer should be submitted to them, but not forwarded to the Financial Commissioners.
|District Settlement||Appointment||Name of Officer||No. of days for which the officer held the appointment during the half year ending||At Headquarters||At Hill Stations of outside district for half year ending||On tour in the District||Reasons for insufficient touring||Remarks|
|30th September||31st March||30th September||31st March||30th September||31st March||30th September||31st March|
Note : In column 3 the names of all the officers holding the appointment entered in column 2 should be entered against the appointment. Where the same officer has held more than one appointment during the year his name should be repeated if the appointments were held at different times, but if they were held concurrently it should appear only against the appointment first entered.
SECURITY TO BE TAKEN FROM OFFICIALS
ENTRUSTED WITH THE CUSTODY
OF CASH OR STORES
5.1.Security Deposits.- Government has ruled that the encashments of cheques and distribution of money obtained for establishment pay, travelling allowances and contingencies should be entrusted to a responsible official, who should be required to give satisfactory security either in cash or in one of the forms prescribed in the Punjab Treasury Rules, Volume I.
5.2.The same.- The provisions of security deposits are contained in Rules 3.5, 3.6 and 3.7 of the Punjab Treasury Rules, Volume I, the relevant portion of which is reproduced hereunder :--
"3.5-- Cashiers, Store Keepers, Sub-Storekeepers, Clerks, Temporary subordinates and other classes of establishment entrusted with the receipt and custody of cash or stores or who are required to handle money may be required to furnish security, the amount being regulated with reference to the amount of cash which is in the hands of the individuals from time to time or according to the circumstances and local conditions in each case under the sanction of a Head of the Department or Head of Office concerned. The amount of security shall not, in any case be less than 10 per cent of the maximum amount of cash that is likely to be in the hands of such Government servants………."
"3.6---(a) The security shall be taken either in cash or in one of the required forms of interest bearing securities mentioned in clause (b) below or in fudelity policies involving the payments of a small monthly premium ; when the security is taken in cash the authorities mentioned in Rule 3.5 above shall determine whether the amount shall be paid in lump sum or in instalments or by deduction from pay."
Note: Government servants holding substantive appointments need not furnish any security when they officiate in appointments in which security is generally taken and which do not extend beyond six months. Security should , however, be taken from Clerks and other subordinates who do not hold substantive appointments under Government when they are appointed to officiate in posts in which security is generally taken.
(b) The recognised forms of interest - bearing securities, and the rules to which they are subject, are given below:--
|(i) Government securities other than Post Office 5 -Year Cash Certificates.
(ii) Municipal Debentures, Post Trust Bonds or Bonds and/ or Debentures issued by the State Financial Corporation
|Under the rules in Chapter VIII of the Government Securities Manual|
|(iii) Post Office Cash Certificates of various categories.
(iv) Post Office Savings Bank Pass Books
|Under the rules for cash certificates and Savings Bank Account issued by the Post Office.|
|(v) Deposit receipts of any Bank of repute||The depositor should be required to get the receipts to be made out in the name of the pledgee. If the deposit be for more than twelve months the receipts should be forwarded to the treasury of the district concerned for custody otherwise they should be retained by the head of the office. The depositor should receive the interest, when due, direct from the Bank, on a letter from the pledgee authorising the Bank to pay it.|
|(vi) National Savings Certificate.
(vii) Promissory Notes and Stock Certificates of the Central Government of the State Government.
(viii) Treasury Saving Deposit Certificates to be accepted at the Central value
|Under the rules for National Savings Certificate issued by the Post Office.|
|(ix) 12 - year National Defence Certificate.||Under Rule 19 of the Post Office Savings Certificate Rules, 1960, as amended by the Ministry of Finance, Government of India, Notification GSR 458, dated Ist November, 1962.|
Note (1).-Government papers tendered as securities should be taken at their market value at the time of deposit subject to the following conditions :--
(1) The amount of Government paper taken shall be such that its market value at the time of acceptance is not less than the amount for which security is required.
(2) When owing to depreciation in the market value of Government paper, its market value is less than the amount of security required by more than Rs. 100, further security shall be taken to cover the difference.
(3) When, owing to appreciation in the market value of Government paper, its market value exceeds the amount of the security by more than Rs. 100 and the depositor asks that part of the Government paper may be returned to him to cover this difference, the request shall be granted, so far as this is possible.
Note (2) (b) For the purposes of item (v) under this clause, the authority demanding the security shall decide whether the Bank concerned is a reputable firm engaged in regular banking business.
(c) Security deposits whether made in cash or in one of the forms of security referred to in clause (b) above should be covered by an agreement in Form S.T.R. 7 or S.T.R. 7 -A as the cash may be, setting forth the conditions under which the security is held and may be ultimately refunded or appropriated.
“3.7. Security deposits lodged in the Post Office Savings Bank should be hypothecated to the head of the office. The Bank Pass Books should remain in the custody of the Government servant to whom the deposits are pledged.
1. All the Pass Books should be sent to the Post Office as soon as possible after the 25th June each Year in order that the necessary entries on account of interest may be made in them.
5.4.Security Deposits.- These orders apply to all Government employees who are required to handle Government money and other valuable securities as well as those entrusted with the custody of Government stores and other stock. In no case should a peon or any other subordinate servant be entrusted with the handling of Government money.
5.6.The same.- The District Nazir, Assistant Nazir and the Tahsil Wasil Baqi Navis should furnish securities for handling Government money, as described in Para 5.1 above.
5.7.The same.- In order to safeguard the levy of the proper stamp duty and court fees under paragraph 12.3 of the Manual, the Government have prescribed that security should be furnished by Readers etc. of revenue courts and Magistrates in the State of Punjab, of they are handling cash in any form.
5.8.The same.- All Clerks entrusted with the work of stamps and motor taxation should be required to furnish a security. They should also be required to declare the cash in hand each morning by entering the same in the register provided for that purpose and entries thereof should also be got attested by the concerned Branch Officer daily at 9.15 a.m. sharp.
CORRESPONDENCE AND OFFICE PROCEDURE
6.1.Rules for correspondence.-The rules for correspondence generally are laid down in Punjab Government Secretariat Instructions which may be consulted.
6.2. Quarterly lists of unanswered references.- Quarterly lists of unanswered references of important and urgent nature are to be submitted by Commissioners, Deputy Commissioners and the Director of Land Records to the Financial Commissioners not later than the 15th of the month after the close of each quarter.
They should contain a list of all references on which a reply is due from, or to, the officer submitting the list. If the reply is due from him the reason of the delay, or the time when the reply may be expected should be stated. With each quarterly list should be submitted the list for the preceding quarter.
Quarterly lists may be submitted in original, and need not be copied.
Commissioners may at their discretion call for similar lists from Deputy Commissioners and Settlement Officers.
6.2-A. Arrear statement.-With a view to enabling the Deputy commissioners and Commissioners to see the state of work in their offices. i.e., whether their offices are in arrears or the work is up to date, the various branches of their offices should submit to them through the office Superintendents, arrears statements in the following form every fortnight :-
Arrears Statement for the period ending 31State Government/15th 19
|SN||No. and date of reference||From||Date of receipt in office||Diary No.||Subject Matter||Action taken and to whom sent or refered with date.||Reasons for non-disposal within one week.||Remarks|
6.3. It would be a mistake to model the procedure of a Commissioner's or Deputy Commissioner's office too strictly on that of the Civil Secretariat. A District Office deals with a far greater proportion of cases of an individual or ephemeral nature for which the elaborate procedure of the headquarters office would be unnecessary ---nor has the District Office the staff to adopt it. The following instructions therefore, which are taken from those in force in the Secretariat, must be adapted to the needs of the District Office, which has the additional complication that much of its work is based on vernacular reports.
6.4. Letter received not to be written on it.-Beyond the quotation of references nothing should be written in ink on letter under submission except in the case of a letter of minor importance when a brief note may be written on it.
6.5.Notes to be brief, legible and continuous.-Office notes should be as short as possible and should be legibly written in ink or typed on note sheets.
It shall always be assumed that the paper under consideration will be read by the officer to whom it is submitted. The practice of writing an abstract of the paper under consideration should be absolutely prohibited. The office note should be confined to what is strictly essential, namely, a reference to the papers that are required in connection with a case and to the facts knowledge of which is necessary for disposal of the case.
The introduction of the system of four "Ps" will be found materially to assist all clerks in preparing a file for orders. Where this system is followed noting does not reproduce the paper under consideration and invariably indicates in the fewest possible words what is required. The system is briefly that all noting on a fresh receipt should be started with four headings, namely:--
(i) P.U.C.---- The paper under consideration;
(ii) Previous papers.--- The previous papers on the subject;
(iii) Policy.-- A reference to any letter, enactment or rule indicating the policy of Government in the matter; and
(iv) Precedent.-- Reference to any precedent.
6.6.Numbering of paragraphs.- A note is most conveniently written in paragraphs which must invariably be numbered. Each paragraph containing a suggestion should deal with a definite point and should be so written that orders can be passed one way or the other on the margin.
6.7. Reference of notes.- Every statement in a note, other than that of the note - writers' opinion should be supported by a reference to the authority. In quoting a letter its number and date should invariably be given and a reference made to the file number. These references should be in the body of the note. For convenience a reference should also be made on the margin to flags.
6.8.When a draft should be put up.-When a case comes back from officers with orders passed upon the notes the next step is to convert them into the form of an official communication. This is known as drafting. A draft may be put up even in anticipation of orders if there is no doubt as to what they will be or if the action to be taken is obvious. When an Assistant thinks he can so expedite the disposal of a case he should put up a draft along with his note. In self-evident matters a draft only need be put up: no note is required.
6.9.Time allowed for drafting.- Ordinarily not more than two days should be allowed to elapse between the passing of orders and the submission of drafts, but in urgent cases one day should suffice.
6.10.Nature and phraseology of the draft.- The draft should be as brief as is consistent with clearness and completeness. There must be no possible ambiguity in phrasing, no vagueness in references, and no unnecessary repetition. Sentences should be capable of one interpretation only: and when orders are conveyed, the meaning must be unmistakeable. As a rule the notes will show the outline of the reply and how far it is intended that a detailed discussion of the reasons of the history of the case should be embodied. Where such details are given, the drafter should adhere as closely as possible to the actual wording of the notes. Drafts should convey the whole meaning to the recipient without reference to previous papers. It should always be assumed that the letter will be received by an officer who has just taken over and has not seen the letter to which it is a reply. So far as possible the first sentence should tell the story. Throughout the draft unnecessary words should be avoided. The briefer the letter, the more likely is it to be remembered. The language must always be temperate and courteous. Slovenly or colloquial language is absolutely forbidden. It must also be clear from whom and by whose authority the letter issues.
6.11. Brief subject at the head of all drafts. Memorandum from to be adopted in brief communications.- A brief description of the subject should always be first given at the head of a draft.
When a brief communication will suffice instead of a letter, a memorandum (in the form below ) may be used freely in official correspondence with Government and between offices subordinate to the Punjab Government, except in communications which are likely to be submitted to the Government of India :--
Memorandum No. , dated
Your letter No. dated
6.12.Nothing date of reminder.- When a case calls for further report or further information or obviously demands a reply the drafter should enter on the draft the date on which the reminder should issue.
6.13.Time allowed for the issue of drafts.- Urgent and immediate drafts must be typed and issued on the day of receipt and in the case of ordinary drafts every effort should be made to get them typed within a day. If for any reason it appears likely that a letter cannot be despatched within three days of its receipt, the fact should be brought to the notice of the Superintendent who will take necessary steps to have the work done as he thinks fit.
6.14Fair copies and their examination.- Fair copies for issue together with a duplicate for the file must be neatly typed and be free from numerous erasures and corrections. They should be carefully examined by the Assistant concerned and should bear the initials of the typist and examiner with dates of typing and examination. The examiner is responsible that the enclosures (and enclosures of enclosures) are complete, the address correct and that is correct in every way.
6.15.Action after examining copies.-When the examination is complete the fair copies should be sent by the examiner to the Superintendent or other officer concerned for signatures and files to the despatcher to number and date the office copies. The latter should enter the number and date on the fair copies after they are signed and then despatch them. After issue the files should be returned by the record-keeper to the Assistant concerned if the cases are pending.
6.16.Alteration in fair copies.-Any alternation made in the original issue by the officer at the time of signing must be made in the office copy by the despatcher.
6.17.Signature of copies.- The orders issued by the Punjab Government relating to the signing of letters addressed to Government apply also to letters addressed to Financial Commissioners' Office. When an officer does not sign the fair copy of a draft which he has initialled as passed, the fair copy should issue over his signature attested by the Superintendent. An attested signature implies that the officer has passed the draft and a letter must never issue over an attested signature when this is not the case.
Record and Despatch Procedure in the
Offices of Deputy Commissioners.
6.18.Correspondence.- The record of the correspondence made between the offices of the Deputy Commissioner with the Financial Commissioner Revenue, Commissioner and other offices in the State is maintained in respective files with the file number given for each case. Except the registers of receipt, despatch and dak book, no registers for correspondence are maintained in the existing set-up.
6.19.Receipt and despatch.- With the re-organization of the Deputy Commissioners' offices, the procedure of receipt and despatch of dak has also changed. The daily dak received is diarised in the Record and Issue Branch and distributed amongst the various branches where again it is entered in the diary register maintained by each branch so as to ensure its safe receipt in that branch. For entering the receipt received from the Government offices, Commissioners' offices and other local offices and general public, separate receipt registers are maintained. A specimen of the form of Receipts Register may be seen at Appendix 4.
There is no centralised agency for despatch work. The despatch of dak is done by each branch itself. A specimen of the from of Despatch Register may be seen at Appendix 5. The type work of all the branches is centralised in the Record and Issue Branch. The branch head then sends the typed work to the respective branches. In other words there is a pooling system so far as type work is concerned.
6.20. to 6.25 Deleted.
6.26.Instructions regarding opening permanent files.- The files should be arranged according to the classification into main heads and sub-heads. The letters and numbers of main and sub-heads are those of the Financial Commissioner's office with certain additions. It will be seen that blank numbers are left for adding sub-heads.
When a file has reached 300 pages, a new part should be opened. These parts should be distinguished by letters of the alphabet. Files should be referred to by sub-heads and file number, thus :--561-24, and at the head of letters this number should be given in addition to the diary number and the same referred to in reply.
In opening new files, the record-keeper should be guided by the simple principle of "one subject, one file" otherwise there is bound to be confusion. It is an important duty of the Superintendent to work with the record-keeper in the opening of new files and in the arrangement and destruction of records. The record-keeper should be experienced and highly intelligent.
When a letter relates to a subject dealt with in two or more existing files, copies of the letter or extracts from it should be submitted with each file.
He should also be careful to see that question of a general nature, which not infrequently arise out of an individual case should not continue to be dealt with on the file of that individual case, and conversely that policy files are not encumbered by individual cases arising out of them.
6.28. Pending Shelf.- The system of maintaining pending files has not been standardized and each office should have its own simple arrangement as far as possible. Inspections of offices have revealed that there is a tendency to throw too much work on the record staff. The arrangement and regular issue of reminders is in some offices neglected on account of pressure of other current work. Relief can be given by making each Assistant keep his own pending files and issue reminders. Any letters received in connection with a pending file should merely be passed on to the Assistant concerned. There should be a list of file pending with each Assistant and these lists should be kept up-to-date. The Superintendent should scrutinize these lists once a week and place them before his Deputy Commissioner or Commissioner once a month.
6.29. to 6.30. Deleted.
6.31. Indents for supply of printed forms etc. - All forms are to be obtained on indent from the Controller, Printing and Stationery Department, Punjab.
6.32. Note books.- All Assistants including the record-keeper should keep notebooks of important circulars, precedents, etc.
SKELETON FORM OF QUESTIONNAIRE FOR THE INSPECTIONS
OF DEPUTY COMMISSIONERS' OFFICES
(The Inspecting Officer is at liberty to direct his attention to such questions only as he may desire or to go beyond the questionnaire if he wishes).
1. Are the rules for noting and drafting as laid down in Chapter 6, paragraphs 4 to 15 of the District Office Manual being observed? [Consider whether the use of the 4 Ps (Paper under consideration, Previous papers, policy, precedent) at the beginning of notes might not usefully be introduced. It makes for brevity and saves the officers' time].
2 Are the registers prescribed in rule 6.18 being neatly and correctly maintained ?
4. Do the Assistants maintain note - books (paragraph 6.32)?
5. Is the arrangement of keeping pending files and issue of regular reminders satisfactory? (Paragraph 6.28)
Note.-- (Cases of delays are an index of the working of the office and special attention should be directed to the causes contributing to delays after detailed examination of say 10-20 important files).
7. Are proper registers of file subjects and indices of the records maintained and are they in good order and up-to-date?
8. Are the heads and sub-heads of files maintained as prescribed in Appendix 3 of Chapter 6? If not, examine the existing system to satisfy yourself that it is satisfactory.
11. Is destruction work carried out regularly? (Examine the record of files destroyed and note whether destruction work is up-to-date).
12. What is your opinion of the general state of the records? Are they well maintained? Give full details in favour or against.
13. Where is the record of Nazul properties kept? Are you satisfied that the records are being properly maintained and accounted for?
LIST OF HEADS AND SUB-HEADS
A--- Land Revenue Agency
1. Revenue Officers .. Superior Officers.
2. Ditto ..Tahsildars and Naib-Tahsildars
21.Records-------------------------------District Records Offices.
B---Survey, Village Records and Officers: Territorial Transfers
41.Territorial boundaries and survey of India.
51. Village Survey and Records.
C---Land Revenue Assessment
D---Land Revenue Assignments and Pensions
131.Revenue Assignments and Pensions.
151.Village Officers Cess.
161.Other cesses (not being cesses for village officers).
171.Administration and rules.
G---Loans to Agriculturists.
191.For Land Improvement
201.For relief of Agricultural distress.
211.For other reasons.
221.Forms and accounts.
241.Assessment of Canal Revenue.
I---Forests and Arboriculture
J---Sale and Lease of Government lands.
301. Waste lands.
K---Mines and Royalties
L---Acquisition of land for Public purposes.
351.Acquisition and restoration of land
371.Rent Rolls of fixed Land Revenue.
372.Changes in Rent Rolls on account of land acquired and resumed.
381.Rent Rolls of fixed lands, Revenue and Miscellaneous demands.
391.Collections returns (Tauzihs).
401.Suspensions, remissions and arrears.
431.Budgets, Land Revenue.
451.Advocates, Pleaders and Revenue Agents.
O----Land Revenue Returns.
481.Quarterly Revenue business returns.
491.Annual Administration Report and Returns.
592.Probate or Wills
641.Books and Periodicals.
715.Petitions (not elsewhere classified).
718.Health and Medical aid.
719.Zila Parishad matters.
T---Famine, Trade, Commerce and Manufactures--
730.Rainfall and harvests.
732.Agricultural or other distresses and relief measures.
740.Factories and Industries.
U---Judicial and Executive Agency
752.Police and Jails.
757.Suits, Decrees and Executions.
2. Water supply.
3. Better Farming and Better Seed.
4. Fruit Growing and Preserving.
6. Fodder Crops
7. Poultry, Bees and other subsidiary industries.
8. Plant Diseases-pests.
9. Agriculture Farms.
10. Departmental Stalls, shows and demonstrations, etc.
11. Manure pits.
12. Water logging.
1. Cattle Breeding.
2. Sheep Breeding.
3. Mule and Horse Breeding.
4. Cattle Farms.
5. Milk supply and ghee making.
6. Diseases and Dispensaries.
7. First aid and prevention of cruelty to animals, etc.
8. Tattooing of cattle.
762.Health and Medical Aid--
1. Diseases and preventive measures.
2. Village Housing.
3. Village sanitation, e.g., street paving, drains, pits drinking water and latrines.
4. Health centres, Rural Dispensaries and Doctors.
5. Training of Dais.
6. Red Cross.
7. Malnutrition, diet, etc.
8. Health Association.
764.Women Welfare Work---
1. Formation of District Voluntary Committees.
2. Women Welfare Workers, Selection and Posting.
3. Women's Welfare Centres.
4. Domestic training schools and amenities.
5. Domestic training school for village workers.
6. Domestic amenities, pictures, hay-boxes, etc.
1. Officers and Soldiers Boards.
4. Boy Scouts.
3. District Information Bulletins.
767.Propaganda and Mass Instruction---
1. Rural uplift, newspapers, books, literature and journals.
2. Fairs, shows and competitions.
3. Cinemas, Magic lantern, dramas and pictures.
1. Silk Industry.
2. Wool Weaving Industry.
3. Lace Industry.
4. Tanning Industry.
1. Consolidation of Holdings.
2. Better-Living and other Societies.
3. Co-operative First Aid Centres.
770.Conservation of Soil--
1. Prevention of Erosion in cultivated, uncultivated and shamlat lands.
2. Soil Conservation Societies and Panchayats.
771.Special Development Scheme--
1. Selection of Tahsils.
2. Plans by Departments.
3. Allotment of Funds etc.
4. Progress Reports.
1. Reports and proceedings of Conferences.
2. Grant of Sanads in recognition of services rendered.
3. Training of officials in Rural Reconstruction.
|SN||From whom received||No. and date of letter||Subject||When submitted and to whom||Proceeding|
|SN||Date||Department||To whom sent||Diary No.||Subject|
A---Arrangement etc., of books in the Libraries of Commissioners, Deputy Commissioners and outpost Officers.
7.1 Superintendent to be generally responsible for Library.- The Superintendent should be responsible for general supervision over the library and he should inspect thoroughly once in six months, in the first week of January and first week of July in a year, and get the report countersigned from the Deputy Commissioner/Commissioner, as the case may be, before the 15th of those months .
7.2. Librarian to be in immediate charge of Library.- An Assistant should be in immediate charge of the Library and be designated as Librarian. He should be assisted by the subordinate staff according to requirements. He should be held personally responsible for the proper arrangements of its contents, for the receipt and issue of books, their protection from insects, etc. He shall also be responsible for the purchase and supply of the books required for the various courts and officers and their distribution.
7.3 Receipt Register and Catalogue .- The following Library Registers should be kept up by the Librarian :--
(a) A Library Accession Register as in From A.
(b) A Catalogue as indicated in Form B.
Library Accession Register
|SN||Author||Title||Place and publisher||Year||Edition||Source||Cost||Bill No.||To what section distributed||Volumes||Initials of the officer||Remarks|
|Serial No.||Title of book pamphlet or report||Number of Volumes||Number of copies||Edition||Date of receipt||Condition|
Forms of Registers and catalogue will be supplied by the Controller, Printing and Stationery Department, Punjab, on regular indent.
When entering a book in the Accession Register the Librarian should be careful to see that it is classed under the proper column. If in doubt, he should refer to the Superintendent for orders. Proper classification is a matter of great importance.
7.4. Sectional headings and arrangement of books .- The following are the sectional heads and corresponding letters prescribed for general adoption. (They are, as far as possible, the same as those prescribed for the Financial Commissioners' Office Library)---
A.---Periodical Reports of Punjab Government and subordinate departments.
B.--Periodical Reports of other Governments and their subordinate departments.
C.- Periodical Reports of Government of India and its departments.
D.--Selections from the records of the office of the Financial Commissioners, Punjab, Punjab Government, Government of India and other State Governments.
E.--Agriculture and Irrigation.
F.--Census, Revenue, Settlements and Survey Reports (other than periodical reports).
G.--Trade, Arts and Industries (other than periodical reports).
H.--Law Books (including those on revenue law and other orders).
I.--Dictionaries, Grammers and books on languages, castes and tribes.
J.--Gazetters and books on archaeology, etc.
K.--Fauna of British India, Burma and Ceylon and books on Natural Science.
L.--History, Religion, Biography and Travels.
N.--Scarcity and Famine.
R.--Conferences' reports or proceedings.
S.--Co-operation and rural indebtedness, etc.
T.--Economics, Finance, etc.
V.--Civil and Army Lists, Year books, History of Services of Gazetted Officers and other periodicals.
W.--Reforms and Constitution.
X.--Maps and Survey Sheets, etc.
Y.--Gazettes. (India and Punjab)
The above section headings printed on cards should be affixed to the book cases containing the volumes indicated. The catalogue should be according to sections. Each section should have its own serial numbers.
After entering a book in the Accession Register, the Librarian should also enter it in the catalogue in its proper section, affixing to its back a small circular label showing its section and its number in that section, thus---
and so on. When there are several volumes or annual parts of the same work, they should all bear the same serial number, each volume or part being distinguished by a second number in brackets, thus---
A/15(1) A/15(2) A/15(3)
so that all Volumes of the same work will be found together.
7.5. Size of shelves.- By following the above classification, it will be possible to secure tidiness in arrangement , because the books in each section are more or less uniform in size. There are very few publications (for example, some Census Reports, Linguistic Surveys, Volumes of Maps, etc.), which are more than 13 inches in height. The sizes of books/reports may vary and as such their measurements should be borne in mind when ordering new book shelves.
7.6. Books to be issued only on written requisition.- The Librarian should issue no book from the Library without obtaining a written requisition for it, and he should send no book away from the district head-quarters without the orders of the Superintendent. This requisition should be placed where the book was and should be destroyed when the book is restored to its place. If a book is not returned within a fortnight, the Librarian should enquire for it and submit a written report to the Superintendent.
7.7. Duties of Librarian.- The duties of the Librarian are as follows :--
(1) To take charge of all books and publications made over to him by the Deputy Commissioner.
(2) To maintain the Library catalogue entering therein in ink all publications, except unbound serial publications, immediately on receipt.
(3) To label each publication as soon as possible and to place it in its proper place in the Library almirahs.
(4) To keep each series of Law Reports and other publications published serially on a separate file till the series is complete and when it is complete to take orders as to the binding of the collection.
(5) To insert correction slips in the volumes of enactments and in the various manuals or rules, notification, etc.
(6) To observe the instructions for the preservation of records, etc., so far as they are applicable to libraries.
(7) To report at once any loss or injury to the Commissioner/Deputy Commissioner, and to bring to notice any publications which require binding or re-binding.
(8) To submit the current files of serial publications for inspection once a month, bringing to notice any delay in the receipt of serial numbers.
(9) To submit a monthly report of the books removed and not returned.
7.8. Posting upto date of library and other copies of codes, manuals, etc. Responsibility for.- The Library copy of each Manual or Code for which correction slips are issued from time to time [for example, the Civil Services Rules (Punjab), Financial Commissioners' Standing Orders, Land Administration Manual, etc.] should be kept up-to-date by the Librarian, in order that it may be possible, if necessary, to check with it the other copies in current use in the office. The correction slips of books in the various branches of the office will be pasted by one of the officials of the branch concerned. For this purpose the Librarian shall maintain a register of receipt and distribution of correction slips, and shall occasionally see that the correction slips are duly pasted in by the officials concerned.
7.9. Dusting of Books.- All the books in Library should be removed at least once a quarter and thoroughly dusted. The most convenient way to do this is to remove the contents of the shelves in rotation at fixed intervals, say, of a week or ten days, so that the turn of each shelf will come round about once in three months.
7.10. Binding of periodical reports etc.- The Librarian should send up for orders twice a year, a list of publications (such as, proceedings, gazettes, etc.), which need binding.
7.11. Weeding out of books not required.- Once a year, as soon as possible after the Ist January, the Librarian should submit, for orders, a list of books which he thinks should be weeded out of the Library. Books so weeded out should be disposed of in accordance with the instructions issued by the Government from time to time.
7.12. Books to be kept.- The following books should, as a rule, be kept :--
(a) Works belonging to an Imperial series, such as the Annals of Indian Administration.
(b) Memoirs of the Geological and Archaeological Survey.
(c) Statistical and descriptive works and reports on special subjects (as distinguished from ordinary annual reports.).
(d) All Settlement Reports, including those of other States.
(e) Administration Reports of the Punjab Government (the entire series extant).
(f) Civil, Criminal and Revenue Reports (the entire series).
(g) Reports of other Punjab Government Departments for seven Years at least (or for longer periods, if desired).
(h) Reports on Census, Income-Tax, License Tax, Octroi. and Statistics of permanent value.
(i) All volumes of Regulations and Acts.
(j) All books not included in paragraph 7.13 below.
7.13. Books which may be sold as waste paper.- The following books may generally be sold as waste paper, viz :--
(a) All Civil Service Regulations, Financial Regulations, Codes, Manuals which are re-published but one copy each of such publications/editions must always be preserved.
(b) All Directories, Almanacs, Civil Lists, more than two years old.
(c) All Administration Reports and Departmental Reports of other States except those for the last five years.
(d) Any other publication, which has lost its utility with the passage of time.
7.14. Disposal of other useless books. Books and publications of the kind mentioned in paragraphs 7.13 may be sold in the local market under the orders of the Commissioner or Deputy Commissioner, as the case may be. If a Commissioner or Deputy Commissioner finds he has no room in his library for any books included in paragraph 7.12, a list of such books should be sent by the Commissioner to the Librarian of the Public Library of the district concerned, if any, who should be requested to state whether he wishes to have any of the books for depositing in the library. On receipt of his reply, the books asked for should be forwarded to his address and the rest of the books in the list should be sold locally. With regard to books mentioned in paragraph 7.12, Commissioners and Deputy Commissioners should be careful that these books are not disposed of unless it is quite clear that they are of no use and not likely to be of any use in the office.
7.15. Income from sale. The income realised from the sale of obsolete books and publications will be credited to the relevant receipt head.
7.16. Preservation of Gazettes and Records. One copy of all parts of Punjab Government Gazettes in English and Punjabi should be kept permanently at district and Sub-Divisional Offices, miscellaneous notices and advertisements being, however, removed before binding.
7.17. Purchase of periodical publications and books. The orders relating to books of reference, Acts of the Legislature and Legal Periodicals required for the use of officials are as follows :--
(a) Books of reference and Acts of the Legislature required for use of courts may, subject to budget provision, be purchased from any law publisher in India.
(b) Under Serial No. 24 of Rule 19.6 of the Punjab Financial Rules, the Commissioner/Deputy Commissioner/Settlement Officer are empowered to sanction the purchase of books and maps of revenue courts and offices, provided :--
(i) that the books are of a scientific, legal, medical, education, technical or professional character; and
(ii) that the expenditure on any book excluding postage charges exceeds Rs. 60. The purchase of the other books require the sanction of the Commissioner who should encourage the purchase of books dealing with history, economics, ethnology, social life, etc., of Punjab or of the district concerned.
(c) Copies of the Acts of the Legislature, Codes and Manuals as published by the Punjab Government will be supplied by the Controller, Printing and Stationery Department , Punjab.
(d) Acts of the Indian Legislature and financial publications of Government of India and other State Governments should be obtained on payment from the Controller Publications, Government of India, New Delhi and from the Controllers of Printing and Stationery Departments of other States, respectively. This includes the Codes, Manuals and Audit Instructions, etc., issued by the Auditor-General and his subordinate Audit Officers, which may be obtained from the Controller Publication, Government of India New Delhi.
(e) Indian Law Reports which are also financial publication of various Governments will be obtained from the publishers on payment.
(f) The Indian Post and Telegraph Guide can be obtained on payment from the Post and Telegraph Department.
7.18. List of Books suggested for the Commissioner and Deputy Commissioners' Offices
The list of books for the libraries and offices of the Commissioners and Deputy Commissioners and for revenue courts in the Punjab which are necessary , and should be purchased subject to budget provision, is given at the end of this chapter. The distribution in the office is only given byway of suggestion. It is necessary to avoid purchasing the same book for an officer in two capacities, e.g., for the Deputy Commissioner and for the District Magistrate. [See Appendix].
7.19 Deputy Commissioners both as District Magistrates and Collectors in respect of the books, Acts and other publications supplied to or obtained for the use of their courts and all courts and offices subordinate to them are required to maintain an up-to-date catalogue of all such books. Acts and publications. The catalogue maintained should contain separate lists for each court and branch of office in the district. Each court and branch of office should keep a list of books supplied to them. The catalogue should contain the following information :--
(a) Serial number.
(b) The name of the work.
(c) The edition or date of publication.
(d) The cost, if any, of the work.
(e) The date of receipt.
(f) The date when any book ceases to be in the Library and the cause for the same.
When any book has, from any cause, ceased to be in the Library of any court, an note should be made in the catalogue of the manner in which it has been disposed of.
It will be the duty of the officer of court or branch concerned to see that his set of books is complete in every way.
D---Books lost to be replaced at the expense of the Presiding Officer of the court or the Assistant-in-charge of the branch office.
7.20. Books lost from any office must be replaced at the expense of the Presiding Officer or the Assistant-in-charge of the branch of the office concerned. When a change of the Presiding Officers take place, the relieving officer will satisfy himself on taking charge that the books, Acts and periodical publications are complete and in good condition, and that the catalogue and lists are duly up-to-date, and if they are not, will at once bring deficiencies to the notice of the Commissioner/Deputy Commissioner.
E---Annual verification of books in each Library :
7.21. The books in each Library should be checked by the Presiding Officer of the court or office annually in the month of March, and a certificate that the books and publications are properly kept up will be furnished to the Deputy Commissioner for communication to the Registrar of the High Court of Judicature and the Commissioner.
7.22. Correction of District Maps. Each Deputy Commissioner should, however, keep a copy of the Survey of India map on the scale which is most suitable for his district, in which copy all important changes in roads, bridges, railways or canals should be shown. Occasions, such as military manoeuvres or a military staff ride may arise from time to time when it will be necessary to use a map which is thoroughly up-to-date. It is unnecessary to forward copies of the amended map to the Financial Commissioners or to Government.
7.23. Inspection of District Library
The inspection of the district library should form part of a Deputy Commissioner's duties.
LIST OF BOOKS
(Commissioner's Office and Deputy Commissioner's Office)
|SN||Nature of Books||Name of Books||Commissioner's Office||Deputy Commissioner's Officer|
|A-Administrative Books||Settlement Manual
Land Administration Manual
Punjab Financial Handbooks
Departmental Financial Rules
Fundamental Rules and the Subsidiary Rules
Civil Service Rules, Volumes I to III
Civil Service Regulations Budget Manual
Account Code Punjab Financial Rules
Law Department Manual Registration Manual
Rules and Orders of the High Court
Land Records Manual
District Office Manual
Revenue Manual (Irrigation)
Manual of Orders, Public Works Department
Public Works Department Account Code
Administration of Cantonments
Cantonment Account Code
Municipal Account Code
Small Town Manual
Indian Motor Vehicles Manual
Indian Arms Act Manual
|Rahnuma-i-amla-i-Muhariran by Bhagat Singh
Army Regulations, Volume 2
English-Punjabi and Punjabi-English Dictionary
Concise English Dictionary
Map of India
Map of Punjab
Map of District
The Agrarian System of Moslem India
Socrates in an Indian Village
Stamp Act by Donogh
Stamp Act by Abdul Haque
Court-fees and Suits Valuation Act, annotated
Digest of case Law by Khanna, Volume IV Revenue
Lahore Law Times, Revenue Rulings, 1914-1931
Lahore Law Times, Revenue Ruling, 1932, onwards
Limitation Act, annotated
|Code of Civil Procedure annotated
Land Revenue Act, annotated
Land Acquisition Act, annotated
Tenancy Act, annotated
Court Fees Act, annotated
Municipal Law, annotated Indian Penal Code, annotated
Code of Criminal Procedure, annotated
Indian Evidence Act, annotated
Military and Cantonment Law
House-owners and Tenants in Cantonment by Lincoln
Rattigan's Digest of Customary Law
Unrepealed Acts of the Government of India
Punjab Law Reporter
Punjab Law Journal
Revenue Law Reporter
Services Law Report
Note :- The books whether administrative or legal or on other subjects which are purchased by order of the Commissioner or Deputy Commissioner may be entered in the respective lists.
REPORTS AND RETURNS
|SN||Description||Through||To whom due||Remarks|
Annual Confidential Reports of the work of District Attorneys and Assistant District Attorneys
|Commissioner||Legal Remembrancer Director Prosecution|
|2||Fixation of pay of the staff||Do||F.C.R.|
|3||Statement showing action taken against corrupt officials||Do||Do|
|4||Declaration of P.C.S. Officers regarding acquisition of property||Do||Chief Secretary|
|5||Tehsildars attaining the age of 55 years||Do||F.C.R.|
|6||Report about the reservation of posts for the members of Scheduled Castes and Backward Classes||Do||Do|
|7||Statement of ex-soldiers given employment||Do||C.S.|
|8||Statement of investigation of complaints||Do||F.C.R.|
Report on administration of Registration Department together with Statements No. 1-5 Annual
|Do||Inspector General Registration|
|10||Indent of forms||Do||Do|
|Budget-Registration - District charges||Commissioner||Do|
|12||Budget of Receipt under the head 258 - Printing and Stationery||Do||Do|
Inspection of Treasuries and Sub-Treasuries
|15||253-General Administration F-7 Works - Other Repairs
Receipt and Issue branch (Stationery)
|16||Indent of Forms||Director||Controller Printing and Stationery|
|16-A||Indent of blank forms||Do||Do|
|17||Indent of Civil forms||Do||Do|
|18||Indent for vernacular and bilingual forms||Do||Do|
|19||Miscellaneous-Part 2(a) Books and Periodicals||Do||Do|
|20||258-Printing and Stationery Purchase of Plain papers used as stamps discount||Do||F.C.R.|
|21||258-Printing and Stationery Purchase of paper plain used with stamps-freight charges||Do||Do|
|22||258-Printing and Stationery(Purchase of Stores)||Commissioner||Controller Printing and Stationery|
|23||230 Stamps and Registration discount||Do||Do|
|24||Annual statement showing the Printing Presses functioning in the district||Do||H.S.|
|25||Annual statement showing news papers and other periodicals in the district||Do|
268-Miscellaneous Prevention of Cruelty to animals
|27||Miscellaneous-sale of old stores and material||Do||F.D.|
|28||256 - Jails-3 B-Lock ups||Do||I.G.Prisons|
|29||Indent for blankets and munjmats for use in police lock ups||Do||Do|
|30||Report regarding Kutchery Funds||Do|
|31||Preparation of pro forma account of Kutchery Funds||Do|
|32||Annual Administration Report in respect of Jails||Do||I.G.Prisons|
|33||Report regarding court fee realised in pauper suits||Do||L.R.|
|34||Report regarding remission of irrecoverable court fee in pauper suits||Do||L.R.|
|35||Statement showing the cost of ration, guards and establishment and other charges incurred in judicial lock ups||Do||I.G.Prisons|
|36||Statement showing numbers of persons confined in the judicial lock ups (apart from jail) in the district||Commissioner||I.G.Prisons|
|37||Statement of excesses and surrenders||Do||F.C.R.|
|38||Reports about the causes of variations||Do||Do|
|39||Budget for family allowance to detenus||Commissioner||I.G.Prisons|
Statement of annual income and expenditure
|41||Budget estimates - C.A.Accounts expenditure side||Do||Do|
|42||Budget estimates - C.A. income side||Do||Do|
|43||Statement of excesses and surrenders||Do||Do|
Budget under all Heads
|46||Excesses and Surrenders statements under all heads||Do||Do|
|47||Variations in the various heads||Do||Do|
|48||Forecasting of advances required for the Government servants during the year||Do||Do|
|49||253-General Administration-General establishment contingencies||Do||Do|
|50||253-General Administration-General Establishment-Conservancy of Kutchery compound||Do||Do|
|51||Schedule of new expenditure under all heads||Do||Do|
|52||District Revenue Accountant
Rent roll of fixed land revenue
|53||Balances of fixed land revenue||Do||Do|
|54||Reduction of land revenue on account of land taken for public purposes||Do||Do|
|55||Statement of alluvion and diluvian assessment||Do||Do|
|56||Budget regarding land revenue||Do||Do|
|57||Report regarding suspension and remission of land revenue||Do||Do|
|58||Sanction of charges in land revenue||Do||Do|
|59||Administrative report regarding land revenue taccavi and land acquired||Do||Do|
|60||Budget regarding taccavi loans (Principal)||Do||Do|
|61||Budget regarding taccavi loans (Interest)||Do||Do|
|62||029-Sale of Nazool Lands||Do||Do|
|63||Annexure A to estimate of collection of land revenue||Do||Do|
|101||Inspection of Tehsil and Sadr Kanungo offices||Commissioner|
|102||Annual Administration Report regarding Institution and disposal of cases under various Acts||Do|
Annual Report on the working of Panchayats for the year
|Director Panchayati Raj||Financial Commissioner Development|
|104||Flood Relief Branch
|105||Excesses and surrenders statement||Do||Do|
|107||Passport and Licensing Branch
Prospecting licences renewed or rejected during the financial year
|108||Return on fire arms in the Punjab||Do||H.S.|
Statement regarding reservation of members of Scheduled Castes and Backward Classes in service
|111||Statement of cases in which pension of retiree has not been fixed within six months of his retirement||Do||Do|
|112||Statement showing the memorials addressed to Governor but with-held by the Head of Department||Do||Do|
|113||Statement showing names of corrupt officials who received adverse reports regarding honesty||Do||Do|
|114||Statement regarding the employment of ex-servicemen in the service||Do||Do|
|115||Statement of pension cases||Do||Do|
|116||District Revenue Accountant
Land Revenue under suspension Statements '(c) (Kharif and Rabi).
|117||Advance statement of suspension and remission (Taccavi)||Do||Do|
Statement of pension cases
|119||Statement of appeals/memorials of officials||Do||Do|
|120||Statement regarding vacant posts||Do||Do|
|121||Employment of ex-servicemen in Government service||Do||Do|
|122||Statement showing disposal of cases against Government servants under suspensions||Do||Do|
|Ligh Migh Branch
Progress of Ligh Migh Loans
|Commissioner||Director, Housing and
Disposal of Audit and inspection Notes
|Deputy Secretary Rehabilitation|
|146||Statement about the employment of ex-serviceman||Do||F.C.R.|
|147||Statement regarding weeding out of corruption from services||Do||Do|
|148||Statement regarding imposition of cut in pension/gratuity in case of defaulting officials||Do||Do|
|149||Statement regarding officials under suspension||Do||Do|
|150||Principal followed in the matter of appointments and transfers of officials - Statement of||Do||Do|
|151||Lists of employees under suspension for more than 18 months||Do||Do|
|152||Statement regarding appointment of officials on ad hoc basis||Do||Do|
|153||Disposal of pension cases||Do||Do|
|154||Action taken against officials for violating conduct rules||Do||Do|
|155||Lists of officials under suspension whose cases are pending in the courts||Do||Do|
|156||Steps taken to weed out corruption-Statement of||Do||Do|
|157||List of cases of officials decided by the Deputy Commissioner||Do||Do|
|158||Appeals of officials||Do||Do|
|159||Finding way and means to deal with unsuitable officials in a more expeditious manner than at present||Do||Do|
Revenue Judicials appeals/Revision under Punjab Tenancy Act, 1887 as Revenue Court
|161||Revenue Executive appeals/Revision under Land Revenue Act as Revenue Officer||Do||Do|
|162||Appeal P. Rights under section 18 of the Land Reforms Act, 1972 - as Revenue Officer||Do||Do|
|163||Revision Mall (Partition cases Girdawri as Revenue Officer||Do||Do|
|164||Lambardari Cases(original proceedings) as Revenue Officer||Do||Do|
|165||Appeals Miscellaneous under Zila Parishad Act - Municipal Act (Election appeals under Punjab Municipal Election Rules as Deputy Commissioner)||Commissioner||F.C.R.|
|166||Transfer application under Punjab Tenancy Act under section 79 and Land Revenue Act under section 12||Do||Do|
|167||Cancellation of Arms licence cases under section 17 of the Arms Act||Do||H.S.|
|168||Marriage cases under Special Marriage Act - 1954 under sections 5 and 6 as Marriage Officer (Registrar)||Do||F.C.R.|
|170||Statement showing the disposal of court work||Do||Do|
|171||District Revenue Assistant
Haltauzi statement of recovery and balances
|172||Loan advances and recovery statement T-16||Do||Do|
|173||Statement of Jamabandis||Do||Do|
|174||Statement of allotment of Nazool Lands||Do||Do|
|175||Miscellaneous irrecoverable temporary loans written of||Do||Do|
|176||Advances and recoveries under Acts 1884 and 1883||Do||Do|
|177||Revenue receipts under Head 029-Miscellaneous sale of nazool land||Do||Do|
Report regarding implementation of land reforms
|179||Sadr Kanungo Branch
Statement of contested mutations
|180||Statement of uncontested mutations||Do||Do|
|182||Consignment of Jamabandi||Do||Do|
|183||Rain fall statement||Do||Do|
|184||Tour statement of Revenue Officers||Commissioner|
Progress of recoveries under the ligh migh scheme
|Director Housing and Urban Development|
Expenditure statement -256-Judicial Lock ups-3-B-Lock ups
|187||Expenditure statement of district relief fund||Do||F.C.R.|
|188||Report regarding recovery of arrears of kutchery compound||Do||Do|
|189||Report showing disbursement of compensation under the Punjab Manoevours Field Firing and Artillery Practice Act, 1957.||Do||Do|
Statement regarding the disposal of cases under chapter 8 of the Cr. P.C.
|191||268-Miscellaneous General Service (F)-C-Other Expenditure in connection with Independence Day and other charges||Do||C.S.|
|192||Expenditure statement under head 253-District Administration-F-Works-T-Repairs||Do||F.C.R.|
|193||Flood Relief Branch
Joint inspection report of flood protection works
|194||Statement of famine relief||Do||Do|
Statement showing the disposal of enquiries pending against Sarpanches/panches
|196||Statement regarding progress made at the local points selected under I.R.D.P. Schemes||Do|
|197||Report regarding construction of houses for landless persons||Director, Housing and Urban Development|
|198||Report regarding completion of houses (stages)for landless persons||Do|
Expenditure under head 253- General Administration - S.C.A.
|200||Statement of income and expenditure of the Copying Agency||Do||Do|
|201||Statement showing deficiency of stamp duty and court fee etc. pointed out by the Stamp Auditor||Do||Do|
|202||Statement regarding destruction of files||Do||Do|
|203||Statement showing the disposal and pendency of applications in the Copying Branch||Do||Do|
B.M.29 and 26 - under head 253 - General Administration - District Administration - General Establishment
|a) Pay of Officers||Do||Do|
|b) Subordinate staff||Do||Do|
Statement under head 258 - Printing and Stationery - 230 - Stamp and registration
Statement showing the recovery of rent of urban evacuee properties
|Deputy Secretary Rehabilitation|
|207||Statement showing the recovery of urban loans -||Do|
|208||Recovery of Burma Loans||Do|
|209||Statement showing the recovery of rural rent of agricultural land||Do|
|210||Statement regarding recovery of rural loans||Do|
|211||Statement showing disposal of surplus rural evacuee lands||Do|
|212||Statement regarding disposal of rural evacuee houses and sites||Do|
|213||Statement showing issuance of sale certificates in respect of rural properties||Do|
|214||Statement showing the expenditure in B.M.26 and 29||Do|
|215||Recovery of rent of mudhuts and other rehabilitation colonies||Do|
Sadr Kanungo Branch
|216||Retail prices-Statement of||D.L.R.|
|217||Statement of wholesale prices||D.L.R.|
|218||Report regarding the officials suspended for more than 18 months||Commissioner||F.C.R.|
|219||Statement of pension cases||Do||Do|
Statement showing the disposal of applications for transfer of rural evacuee agricultural land
Sadr Kanungo Branch
|221||Rainfall and crop condition||D.L.R.|
|Flood Relief Branch|
|222||Weekly Flood Report||Commissioner||F.C.R.|
|Flood Relief Branch|
|223||Daily Flood Relief Report||Do||F.C.R.|
|224||Report regarding disbursement of grant to hailstorm sufferers|