Part-I - The General Record Room
9.1. Class of files admitted
The general record room contains the records of revenue courts, and such revenue courts, and such revenue miscellaneous proceedings as are not consigned in the revenue record room.
9.2 Establishment. The duty of the establishment is to receive, check, place, issue and restore records : the destruction establishment should work solely on the weeding out and destruction of useless papers and the arrangement of old records.
9.3 Record-keeper not to be asked for reports.
Subject to Government orders limiting the scale of establishment, the Deputy Commissioner can appoint any of his ministerial establishment as record-keeper or deputy record-keeper. It is essential that the record- keeper and his assistant be kept strictly to their proper duties. The record-keeper should himself be required actively to direct and supervise all the current business of receiving and issuing records, and he should himself take a considerable share in this work. He should not be allowed to spend an undue proportion of his time in writing reports (kaifiyats); and officers should not call upon him for reports stating particulars and result of previous cases; but should require the parties to a case to file the necessary copies.
If an Executive Magistrate or Revenue Officer at headquarters wishes that any file should be examined, or any particulars of its contents be furnished, he should depute some member of his ministerial establishment for the purpose; and the official so deputed should be allowed to examine the files in the record room under the supervision of the record-keeper. In the general record room transfers should not be too frequent, experienced men should be posted and irresponsible clerks and apprentices should not be employed.
The destruction muharrirs should also examine all stamps - whether they are affixed to documents on files to be destroyed or not - and deface them, if necessary, in accordance with the provisions of section 30 of the Court Fees Act 1870, and the rules contained in Chapter 4-C of High Court Rules and Orders, Volume IV.
9.4. Control and Inspection of record rooms.- The control of the district record room and the ultimate responsibility for its good working rests with the Deputy Commissioner. The duty of exercising constant supervision over the record room should, where practicable be made over in each district to one selected Assistant or Extra Assistant Commissioner, who will then be specially responsible for the proper performance of the work. The Financial Commissioner attaches importance to the frequent detailed inspection of all the record office registers by the Deputy Commissioner or the Assistant or Extra Assistant Commissioner specially employed on this duty, and once a quarter at least the officer in charge must make complete inspections thoroughly examining the work of the temporary as well as the permanent establishment. In order to guide inspecting officers in their inspections a questionnaire has been drawn up and added as Appendix B to this Chapter. 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. He should note the result of his inspection against such questions as he may desire to enquire into and send the same to the Deputy Commissioner for information. On return from the Deputy Commissioner the inspection note should be kept on record in a file by the record-keeper.
The Deputy Commissioner must insist that no undue requisition for files is made on the record office. Any Court or Officer continually infringing this rule should be brought to the notice of the Deputy Commissioner by the officer in charge.
9.5 Monthly or half monthly totals of work done. The Deputy Commissioner should also require the Superintendent to lay before him or before the Assistant or Extra Assistant Commissioner who supervises the record office, the work register maintained by the record-keeper in Form R-12 totalled monthly, or half monthly so that comparison with previous entries may be made and increase or decrease of work done may be seen. Government will sanction applications for additional establishment only to a limited extent, and under well established necessity, and it is, therefore, essential that by constant vigilance a maximum outturn of work by existing establishments should be secured.
The maintenance of diaries of work performed by each hand in the record room may be ordered if necessary by the Deputy Commissioner.
9.6 Arrangement of files before they are sent to the record room.
In the arrangements of records there are two operations which must be separately noticed -
Ist the compilation of the file (misl); and
2nd the placing of the file in its proper place in record room.
The compilation of the file is effected by the Ahlmad dealing with the case before it comes into the record room, and a file should not be received into the record room unless it has been properly compiled. A lithographed statement of the commonest omissions and errors in records sent to the office to be filed in form R-17, must be used, and it will then be necessary merely to notice opposite the error in question in any case the page of the record in which the correction is to be made.
The following rules relate to the compilation of files:-
I- Papers which form part of the same case or proceedings (misl) should first be brought together. The leaves which compose it should be numbered according to date on the outer corner of each leaf and should be united by a thread and have an index on a separate sheet attached to them. The record pertaining to evidence, documents exhibited and judgements etc., should be placed separately in envelopes of strong paper and the envelopes attached to the file in their proper places.
The index should show prominently the name and number of the Village, the nature of the case and the date of the final order. It should also give the designation and dates of the papers composing the file, each entry being marked with a number of corresponding with that borne on the outer corner of the leaves of the paper. The lists should be totalled, closed and signed so as to prevent future additions, any additions necessary to be made by the record department being in red ink. The preparation of the index and the arrangement of the file should be very carefully attended to by the Ahlmad personally as mistakes in them throw considerable work on the record room establishment. It is not necessary to give village numbers in the index of civil files. The record- keeper should be required to bring to the notice of the Deputy Commissioner constant neglect on the part of any Ahlmad.
II - The file of every case even if the case consists only a single application must have an index, on which shall be entered a list of all papers belonging to the file, provided that in the case included in paragraph 10 of this chapter and in any other special case or class of cases, hereafter excepted by the Financial Commissioner from the operation of this rule, it is not necessary either to prepare an index or to send the papers into the record office.
Note:1 The proceedings of all summary cases decided by a court under a particular enactment may be filed under a single index either daily or weekly at the discretion of the District Magistrate.
Note2. The following instructions apply to the consignment of files decided by panchayats :-
(a) The usual index be replaced by the following forms :
(b) The sheets showing chronological abstracts of orders be dispensed with.
(c) Division of files into Parts ‘A’ and ‘B’ to be dispensed with and all the papers in a case ordered to remain in one cover.
(d) All the cases decided by panchayats, one in a tehsil, in financial year be ordered to be kept in the General Record Room in three separate bundles for Civil, Revenue and Criminal cases.There will thus be only three Goshwaras for panchayat cases of one tehsil.
Village Panchayat of _____________________ Tehsil ___________________________
|Case No.||Nature of Case||Nature of cause or crime||Date of final order||Abstract of final order|
|Civil/Revenue - Criminal
PLAINTIFF (full name and address)
DEFENDANT (Full name and address)
|Page No.||Nature of Papers||Remarks|
Total number of pages Signature Sarpanch
III. The list must be drawn up as the case proceeds and each paper entered as belonging to A, A(i) or B file in the proper column of the index. The papers in the files will be arranged after decision of the case in three series, according as they are entered as belonging to A or B by the Ahlmad of the court, and should be sent simultaneously to the record-keeper. The index to the B file need only contain the particulars of the case, the index being attached to the A file.
IV. In revenue cases files A and B should contain those papers which are detailed in Financial Commissioners' notification No. 76, dated 2nd May, 1914, as amended - See Part II of this chapter.
9.7 Papers which need not go into the record room.
All files which are to come into the record room must be arranged in accordance with the above orders. There is, however, a large number of general papers which are now excluded from the record room. In their case it is not, as a rule, necessary to prepare an index : the papers should, in the first instance, be arranged chronologically and then disposed of by the Ahlmad in charge of them in the manner laid down in the second column of the List referred to below. The destruction should be carried out by the Ahlmad in the presence of the presiding officer under whose orders he works.
A list of files to be excluded from the record room will be found in paragraph 9.62.
9.8 Separation of A files from B files and disposal of the latter.
When the final order of the original authority has been passed in any case the A papers with their index will be separated from the rest and placed in their proper basta, or yearly bundle. The file B papers will then be placed in a separate room, or separate set of racks set apart for the storing of B papers only. In the index of A files such references should be given as will enable the record-keeper at once to produce both series in case they are called for before the time for destruction arrives. If an appeal is preferred the record-keeper will thus be able to get out both series of papers and put them up together. When the file is against received in the record room after the final order in the appeal has been passed, the file B papers will be again separated and dealt with as before, and the same procedure will be followed in case of a further appeal. In the room or set of racks provided for B papers 12 partitions should be prepared and marked according to the months of the year. The papers of each case should be placed in the partition marked with the name of the month in which the final order ( of the original authority in cases in which there has been no appeal, or of the final appellate authority in cases in which there have been one or more appeals) has been passed. The whole of the papers in any one partition will be ready for destruction in the following year on the first day of the month following the month with the name of which it is marked, and they may be removed en masse, and destroyed without the trouble of sorting.
9.9 Classification of the files into mauzawar and kuliat
Files are arranged either (a) by villages (mauzawar) or (b) by subjects (kuliat). The following files are arranged mauzawar:-
All Revenue files except those expressly detailed below:-
Collection of land revenue,
The following files should be dealt with as kuliat :-
(1) Transfer of cases.
(2) Permission to file complaint.
(3) Nazul and other Government Land.
(7) Revenue Accounts.
(8) Revenue fines
(11) Refused copies
9.10. Mauzawar files
When files are arranged mauzawar the cases relating to each village are brought together in one bundle (basta).
The goshwaras shall be in the form R-1, for Revenue cases which are also entered in the General Register.
9.11. Specification of basta
The following considerations should determine the basta in which in the case of file kept mauzawar the file should go -
c) Civil files in suits for immovable property and all Revenue mauzawar files. The locality of the property.
In case of (c) if the land is situated in more than one village a memorandum (Form R-16) should be put in the bastas of all the villages concerned. Other cases can be dealt with by local usage.
9.12 Arrangement of Village bundles. -
The files of each village should be tied together, bulky files being tied up between boards, and as many files as can conveniently be kept together should be bound in a cloth (basta). The files in each cloth should be those relating to villages which are either topographically or alphabetically adjacent to each other. The whole of the records in any office must of course be arranged on the same system and it is preferable that the system adopted should be topographical. In any case bastas should be arranged by Tahsils, each tahsil having a different coloured cloth. Bundles should be made of revenue record whether there bundles are to be included in the same basta or not.
Coloured bastas have to be obtained from the Department or from the Shops/Stores approved by the government in the Printing and Stationery Department. The colours used are khaki, light blue, yellow, green, black and indigo.
The goshwaras may remain with their proper bastas until they can conveniently be bound up in volumes and kept separately for reference, but where possible volumes of blank goshwara forms should be provided.
Basta labels should be in Form R-21, which has been standardised.
9.13 Kuliat files. Files treated as kuliat should be arranged in annual and not in village bundles and are entered only in the goshwara in Form R-4 and no in the General Register. The index of these files will be prepared in Form R-20. It is convenient to keep certain classes of kuliat files in tahsil annual bundles or even in thana bundles instead of in the usual district bundles, and it is not necessary to have a separate set of kuliat bundles for every class of kuliat file listed, but there should be a separate goshwara for each set of bundles. Whether any particular class of files should be kept in thana, tahsil or district bundles, and which classes can be most conveniently kept together in one bundle, depends on local considerations and, for facility of destruction, on the periods for which the files are preserved. These questions are left to the discretion of the Deputy Commissioner in each district.
9.14 Receipt of files in the record room.
(i) In the case of courts at the headquarters of district a challan in duplicate in the form a specimen of which is attached, with the mislband register duly completed, should accompany the records. The mislband register should be returned by the record room clerk immediately he has acknowledged receipt of the records. One copy of the challan should then be returned after entry of the goshwara number with date against each record and full signature of the record room clerk. The duplicate copy should be retained by the Record Room Staff.
(ii) In the case of outlying courts, the challan should be prepared in triplicate and set to the District Record Room with the records that are being consigned. The record room clerk should return one copy of the challan without entering the goshwara number and date immediately to the court concerned. the duplicate copy should be returned later after entry of the goshwara number with date against each record and the full signature of the record room clerk. The third copy of the challan should be retained by the record room staff.
(iii) The goshwara numbers given by the record office in the challan will be entered in the court registers by the Ahlmad. Presiding Officers of courts should, on the first working day in the months of February, May, August, and November check, the goshwara numbers given in the Court registers by the Ahlmad with those entered in the challan in order to see that the entries have been made correctly in court registers, and sign the court registers in token of their check.
(iv) Copies of such challans should be kept by the record room staff for 3 years.
Form of Challan
Court of_________ in __________ District
Challan of files consigned to District Record Room
|Date of Despatch of records to District Record Room||Serial Number||Case Number||Name of parties||Nature of case||Date of decision||Name of village Basta in which records consigned||Signature in full of record room clerk receiving the file with date||Goshwara No. with date|
High Court Rules and Orders, Volume IV,
Chapter 4-C, rule 1, clause (c )
On the entry of a file into the record room, the record-keeper or his assistant first signs a receipt for it in the register of the Ahlmad of the court when it comes, or signs the challan which accompanies the file when it comes from an outlying court, adding in each case the record room number. He then examines it to see if it is property compiled, and if the proper stamp duty has been realised, and it is his duty to return it through the officer in charge of the record room with a statement of objections (Form R-17) if it has not been prepared in proper form or if the proper stamp duty has not been realised. He is also charged with the duty of punching a second hole, distinct from the first, in every adhesive label contained in a file coming into his custody - see the Punjab Stamp Manual, 1934.
9.16 Particulars showing the date of destruction to be entered on file.
He will then prepare the file for record. In order to render more easy the subsequent selection of those A files which are to be destroyed after a certain period, the particulars regarding the date of destruction shall be entered at the head of the forms of index in the pace provided for the purpose. If the period is varied by appeal etc. the necessary alteration should be made in the index on receipt of the appellate or other papers.
9.17 Entry in goshwara and subsequent disposal
As soon as the file is prepared for record it will be entered in its appropriate goshwara and its several parts consigned to their proper places - Mauzawar A file being placed in their village bastas, Kuliat A files in their annual bundles and B files being stored separately as directed in paragraph 8 above. Column 9 (R-1) of the goshwara shows the date of destruction and the necessary alteration should be made in this if period varied by appeal, etc.
9.18 Appeal, review, revision and execution files
Appeal, review, revision and execution files should be attached to the original file and an abstract entered in the index of that file. They need not be entered in the goshwara.
9.19 Issue of files from record room
Files required by a court should be accompanies by a requisition in the form R-8. A separate form should be used for each file as it has to be placed in the basta from which each file is taken and in the case of outlying courts this should be in duplicate as a copy has to go back with the file.
Issues to outlying courts should be made by registered post : in the case of courts at headquarters the signature of the Ahlmad should be taken in the issue register.
9.20. Register of issues. The form of issue register (Daramad baramad) is prescribed in Form R-9. It should, generally speaking, be kept separately for each court, but outlying courts may, if desirable, be included in one register. There should however always be separate registers for precepts from the High Court, and requisitions from the Financial Commissioners in form stereo No. 167.
On the second day of the first month of each quarter the record department should sent a list in Form R-10 of the files, which have not been returned, to all courts below that of the Financial Commissioners and the High Court and ask them for a verification regarding each file.
Copyists have been instructed to quote on the copy where the original has been consigned to the record room the name of the village in the basta of which the file is deposited and its hadbast number, also the basta number if that is available. These particulars should be entered in the requisition. When the copy does not show such particulars, the court making requisition should specify the name of the village in the basta of which the file is likely to be found with reference to paragraph 10. The duty of finding out what are the connected files which are likely to be required by the court making requisition should not be thrown on the record department except when it is beyond the knowledge of the said court to furnish such details. Sufficient time should always be given to the record department for complying with requisitions, and except in emergent cases immediate requisitions should be avoided.
Ordinary records required by the copying department will be obtained by passing on applications to the record-room. Where, owing to the defective information supplied by the applicant, the search for the record has involved or is likely to involve an unreasonable amount of trouble the officer in charge of the record room may impose a search fee of Rs. 2/- and endorse the charge on the requisition. The charge will be recovered by the copying agent from the applicant in the form of Court fee stamps. The search for which a fee is charged will be made by a member of the record room staff under the supervision of the record-keeper. The record-keeper will furnish receipts for search fees from his counterfoil search fee book in form R-13. In order to enable applicants to give full particulars on the applications for grant of copies, the applicant or his counsel may be allowed to inspect the goshwara of a particular village on payment of a fee of Rs. 2/- to be paid in advance in Court-fee stamps. When full information is not available in the goshwara, the applicant should be allowed to inspect either the 'Am' or the Kuliat Register or both, on payment of one additional fee of Rs. 2/-. The inspection should be allowed in the record room only under the supervision of the record-keeper, and should not be allowed to last for more than one hour.
As files are occasionally placed or replaced in the wrong bastas, in order to limit the area of searching for a missing file so misplaced, each clear, whose duty it is to place files in bastas, will maintain a "Number Book" in Form R-11 showing the bastas, actually handed each day.
The instructions contained in paragraphs 19 and 20 regarding the regarding the issue of files to Courts will apply mutatis mutandis to the issue of files to the Senior Superintendent of Police and other officer. Forms R-8 and R-9 should be suitably altered to meet such issues.
9.21 Test of the proper arrangement of records.
Care will be requisite to maintain the proper arrangement of the records when they have once been put in order. The state of a record office and the efficiency of the record-keeper are easily ascertained. For instance, in the case of revenue files, it is only necessary to call for the general register to open it at random, to lay the hand upon the entry regarding any particular case and then to observe the time occupied in its production and reasons by which it is found.
9.22 Files to be despatched by courts to the record room within a week or 10 days. It should be a standing rule that no Misl should be received into the record room from a court or office situated at headquarters more than a week after the passing of final orders without a written explanation, which should be signed by the presiding officer of the court, of the cause of delay of presenting it (Form R-18). The files of all cases decided at outlying courts or offices should be sent to the record room within the fortnight of disposal.
Arrears ought never to be allowed to accumulate and that they do not accumulate can always be ascertained by demanding from a Reader, the register of any class of cases by observing the date of decision of any late case and the date of delivery to the record-keeper, and by then seeing whether it has been properly placed in the record office. When the record-keeper has once given his receipt for it, he becomes entirely responsible for its safe custody.
A register in Form R-12 of record room work should be maintained by the record-keeper.
The record of every case, Criminal or Civil, decided in the General Record Room at District Headquarters within a period four months of the expiry of the financial year.
In order then to satisfy oneself of the efficient state of a record office, it will be necessary to ascertain that the records are rightly arranged, and can be quickly produced; that they are placed up to the latest date required by the standing rules of the office, and entered where necessary in the registers; that the goshwaras for each village are properly kept; that A and B file papers are properly separated; and that the files themselves are rightly compiled, the paper being properly numbered and enumerated in the list and the list closed and signed and the stamps re-punched.
9.25 Revenue documents which may be inspected or of which copies may be granted.
The following are the documents which may be inspected:-
Records of revenue courts and of any proceeding under the Tenancy Act, or under any other Act pursuant to which a revenue officer has jurisdiction.
9.25-A. Documents which are not open to inspection or of
which copies should not be granted.
Notes prepared by clerks and notes written by the presiding officer to refresh his memory are not open to inspection.
9.26 Time and place of inspection
of revenue records.
Inspection of records and cases that are not pending are subject to the control of the head of the office in which they are kept. They are open to the inspection of the public.
Ordinarily, permission of inspection should only be granted by the officer in charge of the record office.
Inspection by petition writers, etc., forbidden.
The inspection of pending cases is subject to the control of the revenue officer or court before whom they are pending, and they shall not be inspected on a day fixed for the hearing thereof, except with the special permission of that officer or court. Ordinarily they are open to the inspection of the parties only and of their pleaders or agents. Inspection by petition-writers is forbidden and legal practitioners clerks may only inspect records when the legal practitioner concerned is present.
9.27 Time and place of inspection of revenue records.
The inspection of records shall be made at such time, in such place, and in the presence of such official as the head of the office, in the case of records of decided cases, and the presiding officer, in the case of records of pending cases, may direct.
If a record is not inspected on the date fixed by the proper officer it shall be restored and a fresh application must be submitted before the record can again be taken out for inspection.
When any person inspecting the record of a case desires to continue inspection of the same record on the following day, he may give notice of his intention to the official in whose presence inspection is made, and in such cases no fresh application is continued from day to day. This will not affect the fees payable under paragraph 9.28.
9.28 Fees. The inspection fee is one rupee for each hour or part of hour for ordinary and Rs. 2 for each hour or part of hour for urgent inspections, i.e., inspection on the date of hearing.
The fee shall be paid in court-fee stamp or stamps affixed to the original application before the file is handed over to the applicant.
If more time than is covered by the fee is taken in the inspection, the balance shall be paid at the close of the inspection by affixing an additional stamp or stamps to the application.
The fee prescribed by this rule is not payable in respect of records sent for inspection by a revenue court or office on the application of party in a suit or proceeding pending before it.
9.29 Separate application of separate fee for each record
A separate application shall be made and a separate fee paid for each record, inspection of which is desired, unless the records are so closely connected that, in the opinion of the head of the office or the presiding officer, they may be regarded as one, in which case one application and one fee will suffice.
Applications for inspection of records in pending cases should be filed as file ‘B’ and preserved for the period prescribed in the following rule 48. Applications for inspection of records in decided cases should be kept in the General record room in monthly bundles, and preserved till the stamp auditor has audited the records.
9.30 Copying and marking of documents No mark shall be made on any record of paper inspected, and no servant of any member of the Bar shall be allowed on any account to take notes for his master except in the presence and under the supervision of his master. The copying of any document or portion of the record in penalties and ink is strictly prohibited; but pencil copies of a document or portion of the record may be made by counsel or under his supervision and in his presence, by his clerk or servant. Any person infringing or attempting to infringe the rule shall be liable to be deprived of the right to inspect records for such period as the head of the office or presiding officer of the court concerned may think fit.
(Punjab Government letter No. 2790-E, dated the 24th July, 1939)
9.31 - 9.33 Deleted.
9.34 Saving of original exhibits
Paragraph 17 of Chapter 16, Part F, in High Court Rules and Orders, Volume IV, shows how private documents in civil and criminal judicial records are to be dealt with. These instructions should be held to be applicable to revenue records also. In order to facilitate the finding out of such exhibits, the Ahlmad of the court concerned shall note in red ink on the index of the file the documents not to be destroyed; the Record-keeper should refuse to accept records when this rule is not complied with.
9.36 Destruction of revenue files and registers.
The periods for which revenue files and registers are to be kept are given in Financial Commissioners’ Notification No. 76, dated 2nd May 1914, as amended - See Part II of this chapter. At the conclusion of the periods specified, the files mentioned will be destroyed, a note of the destruction of A files being entered in the goshwara if all the papers are destroyed and in the fly index if only some are destroyed. The note should be attested by the record-keeper. No note need be kept of the destruction of B files.
9.37 Destruction of records, how to be carried out
All records and registers which under these rules have become liable to destruction shall be destroyed as soon as the period for their retention has expired. A note of the destruction of A files should be entered in the goshwara if all the papers are destroyed and in the fly index if some only are destroyed. The note should be attested by the record-keeper. No note need be kept of the destruction of B files. The destruction of such records and registers shall be carried out under the supervision of the record-keeper.
"All papers liable to destruction shall be torn up, care being taken that all court fee stamps are duly cancelled. They shall then be sold by inviting tenders or by open auction, as may be advantageous. The following powers have been given to the officers authorised to dispose of the waste papers:-
(a) Heads of offices may dispose of waste paper upto the extent of Rs.500/- (Rupees five hundred only) in a year. After the Head of office has disposed of waste papers to the prescribed extent he will refer the case for the disposal of the extra waste paper to the Head of the Department who may, either himself or through the Head of the Office, get the extra waste paper disposed of, either by inviting tenders or by public auction, in the prescribed manner, as may be more advantageous.
(b) Heads of Departments shall have full powers to dispose of waste papers to any extent, in regard to all offices under their control.
The unwanted confidential papers shall be burnt."
(Punjab Government Printing and Stationery Department letter No. 3316-I-P&S-69/22345, dated 29th September, 1969).
9.38 Details of destruction procedure. Each destruction Moharrir should be given his share of the villages of the district and his progress statement should be kept in Form R-14.
Every quarter the record-keeper should submit through the officer in charge statement in the Form R-15.
Each set of kuliat bundles should be treated as a village and dealt with accordingly. Where, as in the case of large towns, an abnormal number of bundles has to be dealt with, the muharrir's work in the quarter could be judged by the number of bundles dealt with. The progressive total in column 4 should be carried on for two years and then begun again. The destruction of B files will not be shown, but each separate appeal, revision, review or execution file will be counted separately, also files partially destroyed - the subsequent complete destruction being also counted. The record-keeper should be responsible for the general distribution of the work, and the share of each muharrir should be adjusted from time to time. A few days should be set aside every three months for destruction of registers. The minimum number of files to be destroyed per muharrir per year has been fixed at 11,000. Experience has shown that where the number of kuliat and files of petty cases are large it is possible to destroy a number far in excess of this standard. If the work of ordinary destruction is found to be sufficiently well-advanced, there is no objection to destruction muharrirs being employed temporarily on other work, but at the end of two years the account should be closed, and any unfinished villages should be taken up at the beginning of the new account. In going through the bundles it is the duty of the destruction staff to see that the files are arranged in proper order, to mend torn papers or broken stitching and to bring to the notice of the record-keeper all missing files, but no statistics of tartib of this kind are required.
9.38 A (a) The destruction work will be in the direct charge of the Superintendent, the Officer-in-Charge being responsible for general supervision on behalf of the Deputy Commissioner. The superintendent should visit the record room at least twice a week to watch the progress of destruction.
(b) The destruction muharrirs should be employed exclusively on destruction work. If their destruction work is well in hand and it is desired to employ this special staff on other duties the sanction of the officer-in-charge should be obtained through the Superintendent.
(c) As the destruction muharrirs acquire in time a technical knowledge of this work it is not desirable to make frequent changes among them and transfers should as far as possible be avoided.
(d) Each destruction muharrir is required to destroy at least 11,000 files a year.
Note:- The Kuliat files should not be included in the above out turn. It is believed that as hundreds of Kuliat files can be destroyed by a muharrir in a day, it should be possible for the destruction staff in each district to destroy the Kuliat files in addition to the out-turn mentioned above.
(e) It is very important that the number of files destroyed should not be less than the number of files received in the record room.
(f) The Deputy Commissioners should submit to the Commissioners of their divisions half yearly in January and July, each year a statement in the following form :-
|District||Total number of files admitted to record room||Total Number of files destroyed||Number of destruction Moharrirs|
(g) A yearly statement of destruction work should be submitted by the Commissioner to Government in January each year showing the state of destruction work in each district. The report should in particular show the number of files received and destroyed during the year under report. The figures of Kuliat and village files should be shown separately for each district.
9.39 Record Room Receipts. The receipts from the district record rooms are as follows:-
(1) Fees for the inspection of records.
(2) Copying and record office fees.
(3) Search fees.
(4) Sale proceeds of waste paper.
The fees are to be realised in the form of court fee stamps.
It is an important duty of the record-keeper that inspection and search fees should be promptly recovered, accounted for an credited to Government and that no abuse of any kind takes place in the record room.
9.40 Budget Estimates of Record Room Receipt and Expenditure
The budget estimates of Record Room Receipts and Expenditure are due to on the dates specified in the Budget Manual.
Contingent Charges, connected with record rooms, such as cost of stationery, book-binding, etc., should be defrayed from the district allotment for contingencies; major repairs, extensions, cost of new racks, etc; will be met by the Financial Commissioner from the funds placed at his disposal for revenue work subject to the rules applying to major and minor works.
PART - II
The rules regarding the destruction of revenue records are reproduced below:-
9.42 Definitions.-For the purpose of these rules revenue records consist only of English and Punjabi proceedings contained in the files.
9.43 Classification.- Revenue records consist of registers (including statements, returns, lists, etc.,) books and files. Registers and books will be kept or destroyed in accordance with paragraph 9.47. As regards files, these are divided into two classes for the purpose of destruction : -
(i) Such as are consigned to the record room.
(ii) Such as are excluded from the record room.
9.44 Lists of files consigned to the general record room are given below. In the case of files not specified in these lists the orders of the Collector shall be taken as to whether they shall be brought on the record-room register or not. The Collector shall decide in the case of such files the periods for which they shall be preserved, but in the case of files of importance, shall refer the case to the Commissioner for his information before ordering destruction after any specified period.
REVENUE FILES AND REGISTERS CONSIGNED TO THE GENERAL RECORD-ROOM.
9.45 Revision of files.-Each file which comes into the record-room shall be provided with an index and arranged in two separate files, A and B :
Provided that files of rejected applications for mutation shall not be divided into A and B files, but shall be destroyed completely after the prescribed period.
9.46 List of papers in file A.- File A shall, as far as is permitted by the nature of the case, contain -
(1) Index of papers.
(2) The order sheet or chronological abstract of orders.
(3) The plaint, petition, application, appeal or other paper originating the case, with any annexures thereto.
(4 The written statement and pleadings of the parties.
(5) Applications of third parties with orders thereon.
(6) Record of points at issue with amended or additional issues, if any.
(7) All documents received as evidence, with list thereof, including maps, pedigree-tables and any documents prepared under standing orders or by order of any officer dealing with the case. Copies of judgements, decrees or orders of lower courts and offices.
(8) Record of oral evidence.
(9) Reports from office, record department, subordinate officers or other persons with the proceedings, depositions and documents submitted therewith.
(10) Application to refer to arbitration, the award or other final return of the arbitrators with the proceedings, depositions and documents submitted therewith, and any application to set aside the award with orders thereon. Applications for issue of Commissions, proceeding held thereunder and reports of Commissioners with annexures thereto.
(11) Instrument of partition, withdrawal, compromise, or confession of judgement.
(12) All notes or papers in the handwriting of the officer dealing with the case.
(13) Application for and orders of arrest or attachment before judgement, with all documents relating thereto.
(14) The judgement or other final orders.
(15) The decree and all documents relating to the preparation or amendment thereof.
(16) List of connected files.
(17) Application for review of judgement or order or for a new hearing with orders thereon.
(18) Judgements, decrees and orders of appellate court, if any.
(19) Receipts and dakhilas for money credited or disbursed and for documents returned.
(20) Reports of execution and acknowledgements that the final order has been carried out.
(21) Notices issued against defendants, with report and statement of process-server in cases in which an ex-parte decree has been passed.
(22) Notices of ejectment.
(23) Diary of process fees.
(24) Warrant of attachment or of possession or arrest (other than those mentioned in rule 22(5)). List of property attached, sipurdnama of property attached, notices and warrants of sale (together with proceedings resulting there from).
(25) All orders passed in execution proceedings with all applications, objections, writs of which service has been effected, notices, reports and returns relating thereto, and all receipts and acknowledgements filed in such proceedings.
Note: Notices issued in objection proceedings against other parties and witnesses, with applications, giving list of witnesses need not be brought on file A.
(26) Special powers of attorney with permission to institute execution proceedings or recover decree money.
File B shall contain all papers not included in file A.
II - Destruction of registers
9.47 Registers to be kept in perpetuity
(i) The following revenue registers and books shall be preserved in perpetuity, except as provided in the Note to (1) below:-
(1) All printed vernacular books, pamphlets and manuals furnished by Government, manuscript circular orders and rules of practice.
Note:- One copy of obsolete and superseded books, pamphlets and manuals to be kept and the rest to be destroyed. These papers will be divided between the district record-room and Land Record Office according to subjects.
(2) Statements showing original and subsequent modifications of local sub-divisions and maps of such changes.
(3) Register of nazul property.
(4) Registers of pensions-
(a) Territorial and political.
(b) On account of resumed assignments of land revenue.
(c) Sayer compensation.
(e) Superannuation and compassionate.
(5) Register of prevailing castes and tribes.
(6) Register of land acquired for public purposes (Standing Order No. 28).
(7) Record-keeper's register of all kinds of cases decided and sent to the Commissioners' record-room (Form VIII under paragraph I, Standing Order No. 55).
(8) Register of Revenue Court cases detailed in section 77 of Tenancy Act - (Form I under paragraph2, Standing Order No. 55).
(9) Register of cases relating to new grants of revenue assignments, resumption or lapses of the same and mutation of names in respect of assignments for Collector's Offices (Form XIV-A under paragraph 3, Standing Order No. 55)
(10) Register of cases relating to sale, lease or grant of waste lands for the Collector's office (Form XV-A under paragraph 3, Standing Order No. 55)
(11) Tenancy registers under Act III of 1893 and occupancy registers where prepared.
(12) Correspondence diaries.
(13) Printed copy of the list relating to Revenue Agents, published by Government.
Registers to be kept for 20 years
(ii) The following should be kept for 20 years:-
(1) Registers I to IV - (Paragraph 1, Standing Order No. 55)
(2) Registers III and VIII (Paragraph 2, Standing Order No. 55).
(3) Wasika Navises' registers.
Registers to be kept for 12 years
(iii) The following revenue registers shall be preserved for 12 years and shall then be destroyed :-
(1) Register in Form IV under paragraph 2, Standing Order No. 55.
(2) Vend registers of licensed stamp-vendors.
(3) Registers in Form I-A, IV-A, V-A, VI-A, VII-A, VIII-A, IX-A; XIII-A, XVI-A and XVII-A under paragraph 3, Standing Order No. 55.
Registers to be kept until settlement.
(iv) The following revenue registers shall be preserved until the State Government sanctions a new settlement and shall then be destroyed :-
(1) Jamabandi of estates under direct management- ( Section 73 of Act XVII of 1887 and paragraph 24, Standing Order No. 29).
(2) Register of Transfer of shares to solvent co-sharers ( Section 71 of Act XVII of 1887 and paragraph 21, Standing Order No. 29).
(3) Register of farmed estates ( Section 73 (3), Land Revenue Act, and paragraph 25, Standing Order No. 29).
(4) Registers of protective pattas or of certificates of exemption for a term of years from irrigated assessments.
(5) Fluctuating assessment statements.
(6) Register in Form III-A under paragraph 3, Standing Order No. 55.
(7) Registers of files prepared in the beginning of a Settlement to determine in which villages remeasurement or revision of remeasurements should be affected (paragraph 7 of Appendix XXI of the third/fourth edition of Douie's Settlement Manual).
Registers to be kept for 6 years
(v) The following revenue registers shall be preserved for a period of six years and shall then be destroyed:-
(1) Register of execution of decrees in Revenue Court cases- (Form II under paragraph 2, Standing Order No. 55).
(2) Register of applications for taccavi.
III - Destruction of files
9.48 Destruction of File B
File B shall be destroyed 12 months after the date on which the final order of the original authority in cases in which there has been no appeal, or of the final appellate authority in cases in which there have been one or more appeals, has been passed.
Destruction of File A
File A shall be destroyed after the lapse of the period specified in the list following:-
Files to be kept for perpetuity
9.49 The following revenue files shall be preserved in perpetuity:-
(1) Cases of grants of waste lands in which a proprietary title is conferred including files of arable lands and house sites.
(2) Cases decided during settlement relating to the title to malikana allowances.
(3) Lambardari :- Cases relating to the claims to the office of Lambardar, cases relating to appointment or dismissal of a headmen. Undisputed lambardari cases should be destroyed 3 years after date of final order.
(4) The index and instrument of partition, with schedule and copy of tracing of shajra (Chapter18, Para 17 of the Punjab Land Record's Manual ) on partition files in which partition has been effected.
(5) Files about division of existing and formation of new villages.
(6) Files of investigation into and resumption of revenue assignments. On revision of settlement the files prior to the expired settlement should be destroyed.
(7) Files of redemption of land revenue.
(8) Files of acquisition of land for public purposes where permanently taken up.
(9) Investigations concerning the title to nazul property and proceedings relating to waqf property being placed under the management of the Deputy Commissioner or the Head or Trustees of an Institution, or of a Committee under Act XX of 1863.
(10) Cases regarding the formation of an estate out of waste land- (Section 60, Land Revenue Act).
(11) Files relating to village cesses (Section 145, Land Revenue Act)
(13) Revenue Officers' cases under section 76(i), First Group Tenancy Act (applications to Revenue Officers which are rejected or are filed without any action being taken, may be destroyed after three years).
(14) Revenue Court cases under section 77(3)(a) to (j) Tenancy Act.
(16) Proceedings under section 51, Land Revenue Act, and accepted applications under section 56 (distribution of assessment of an estate, etc.).
(17) Arrangements for band or hill forrent irrigation of permanent nature.
(18) Files of mutation appeals (except rejected appeals from rejected mutations which should be preserved for 12 years).
Files to be kept for 60 years
9.50 The following revenue files shall be preserved for 60 years and shall then be destroyed:-
Investigation files in cases of pensions and charitable allowances of permanent character.
Files to be kept for 35 years
9.51 The following files and registers will be preserved for 35 complete years:-
(1) Acquittance Rolls and registers relating to pensionable as well as non-pensionable establishment.
(2) Cases of appointment, dismissals and complaints against Government servants which have resulted in a departmental enquiry into an officer's conduct or the passing of a censure.
(3) (a) Character rolls should be kept until the death of the official concerned and then destroyed.
(b) Service books should be destroyed five years after death or retirement, whichever is earlier.
Files to be kept for 25 years
9.52 The following revenue files shall be preserved for 25 years and shall then be destroyed:-
|SN||Nature of case||Time when period begins to run|
|1.||Contested cases under the Punjab Redemption of Mortgages Act when one of the parties is a minor||From date of final order|
|2.||Contested cases under the Punjab Restitution of Mortgaged Lands Act, 1938, when one of the parties is a minor||Do|
Files to be kept for 12 years
9.53 The following revenue files shall be preserved for 12 years and shall then be destroyed :-
|SN||Nature of case||Time when period begins to run|
|1.||Rectification of boundaries of holding by consent||From date of final orders|
|3.||Assessment of ground rent (kiraya-tehizamini)||From date of preparation|
|4.||Partition files in which partition has been affected, with the exception of the papers included in paragraph 9.49(4)||From date of final order|
|5.||Contested cases under the Punjab Redemption of Mortgages Act, where none of the parties is a minor||Do|
|6.||Contested cases under the Punjab Restitution of Mortgaged Lands Act, 1938, where none of the parties is a minor.||Do|
Files to be kept for 6 years
9.54 The following revenue files shall be preserved for six years and shall then be destroyed :-
|SN||Nature of case||Time when period begins to run|
|1.||Revenue Court cases under section 77(3) (k) to (p) Tenancy Act||From date of final orders|
|3.||Recovery of arrears by attachment or annulment of assessment (sections 72 and 73, Land Revenue Act)||From date of removal of the attachment or sequestration|
|4.||Recovery of arrears by transfer of holding (section 71, Land Revenue Act)||From date when the land is restored or the transfer becomes absolute|
|5||Recovery of arrears by sale of estate or of rights and interests in land or houses other than that on which the arrear accrued (sections 76 and 77, Land Revenue Act)||From date when the sale becomes absolute|
|6.||Revenue Officers' cases under section 76(1), Second Group, Tenancy Act)||From date of final order|
|7||Records of applications under the Redemption Act.||Do|
|8||All cases under the Arms Act||Do|
|9||All cases decided on the revenue side under the following Acts, namely :-|
|(1) The Punjab Land Reforms Act (10 of 1973)
(2) The Punjab Security of Land Tenures Act (10 of 1953)
(3) Land Acquisition Act, 1 of 1894
(4) Pepsu Abolition of Ala Malkiat Rights Act(17 of 1954)
(5) Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act (18 of 1954)
(6) The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952
(7) The Pepsu Tenancy and Agricultural Lands Act, 1955
(8) The Punjab Land Improvement Lands Act (Act XIX of 1883)
(9) Indian Works and Defence Act
(10) The Indian Treasure Trove Act, 1878
(11) Northern India Canal and Drainage Act (8 of 1873)
|From date of final order
|(12) The Punjab Minor Canals Act (3 of 1905)
(13) The Colonization of Government Land (Punjab) Act (5 of 1912)
(14) The East Punjab Utilization Lands Act (38 of 1949)
(15) The Redemption of Mortgages (Punjab)Act (2 of 1913)
(16) The Punjab Restitution of Mortgage Lands Act (4 of 1938)
(17) The Punjab Aceage Rates Act (2 of 1952)
(18) The Punjab Village Common Lands (Regulations) Act (18 of 1961)
(19) The Punjab Reclamation of Land Act, 1959
(20) The Punjab Public Premises and Land (Eviction and Rent Recovery Act (31 of 1973)
(21) The Punjab Land Preservation Act (2 of 1900)
(22) The Punjab Riverain Boundaries Act (1 of 1899)
|From date of final order
9.55 Files to be kept for 3 years.- The following revenue files shall be preserved for three years and shall then be destroyed :-
|SN||Nature of case||Time when period begins to run|
|1.||Suspensions or remissions of land revenue||From date of remission or recovery of balance|
|2||Recovery of cost of erection or repair of survey marks - (Section 102, Land Revenue Act)||From date of final order|
|3||Applications for partition (Chapter IX, Land Revenue Act) when no partition has been made||Do|
|4||Claims for division or appraisement of produce - (Land Revenue Act, section 144)||Do|
|5||Revenue Officer's cases under section 76(1), Third Group, Tenancy Act||Do|
|6||Cases relating to band or hill torrent or other irrigation (if arrangement is are of temporary nature||Do|
|10||Cases relating to the erection of culverts and the recovery of culvert demands||Do|
|11||Cases relating to unclaimed movable property and confiscation thereof||Do|
|12||Applications regarding excess collections and their refund||From date of receipt in record room|
|13||Securities of farmers||From termination of leases or recovery of balances when due|
|14||Lambardari cases except those included in paragraph 9.49 (3)||From date of final order|
|15||Muafi or jagir cases not included under paragraph 9.49 (6)||Do|
|16||Cases relating to rakh, tirni or sajji||From termination of lease or recovery of balance the due|
|17||Acquisition of land for public purposes of a temporary character||When land is restored|
|18||Cases relating to the chaukidari tax or appointment, resadbandi, dismissal or punishment of chaukidars||From the date of final order|
|19||Miscellaneous sair ……||From date of recovery or remission of the amount due|
|21||Cases regarding preparation of chaukidars' liveries||When liveries have been distributed|
|22||Cases of application by jagirdars for collection of revenue assignment through tahsil, when granted||From date of order of granting|
|23||Cases of leave, and complaints against Government servants except those which have resulted in a departmental enquiry into an officer's conduct and the passing of a censure for which see paragraph 9.51||From date of final order|
|25||Distress and sale of movable property and crops (section 70, Land Revenue Act)||Do|
|26||Waste land grants where proprietary title is not conferred||From expiration of lease|
|27||Cases under section 150, Land Revenue Act (encroachment on shamlat)||From date of final order|
|28||Cases of unlawful cultivation of Government land (najaiz kasht)||Do|
|29||Grant of new licenses and confiscation of licenses under the Arms Act||Do|
|30||Suits by or against Government (orders by Deputy Commissioner and proceedings on revenue side only).||From recovery or remission of any sum found due to government or from date of final order of Civil Court.|
|31||Revenue proceedings in execution of decrees of Civil or Criminal Courts for attachment, sale or delivery of land (section 141, Land Revenue Act)||From date when order is set aside or becomes absolute|
|32||Uncontested cases under the Punjab Redemption of Mortgages Act||From date of final order.|
|33||Uncontested cases under the Punjab Restitution of Mortgaged Lands Act, 1938||Do|
|34||Correspondence relating to the Revenue Agents||Do|
9.56 Files to be kept for 1 year. The following revenue files shall be preserved for one year and shall then be destroyed:-
|SN||Nature of case||Time when period begins to run|
|1||Hadshikni and had-barari - indication of boundaries under section 101, Land Revenue Act||From final order|
|2||Cases relating to payment of service pensions||From payment of balance|
|3.||Papers relating to Government dues in pauper suits||From date of recovery or remission|
|4||Cases relating to spoiled stamps, and supply of stamp registers||From date of receipt in record room|
|6||Refused applications for -
(1) making up a deficiency in grant
(2) grant of extra land
|From date of receipt in record room
|7||Pay of chainmen or flag-holders and recovery of cost (section 106, Land Revenue Act)||From date of final orders|
|8||Punishment for destruction, injury or removal of survey marks (section 100, Land Revenue Act)||Do|
|9||Reports as to fires in forests||Do|
|10||Rejected applications including appeals rejected under section 52, Land Revenue Act (distribution of assessment at settlement)||Do|
|12||Repairs and construction of public offices||From date of final adjustment of expenditure|
|14||Cases relating to collection of Excise revenue||From date of recovery or remission of the amount due|
|15||Cases under the Stamp Laws - Revenue proceedings only||From date of final order or of recovery of any sum found due to Government|
|16||Nazul and Waqf except the cases included under head A||From date of order|
|18||Cases relating to collection of taccavi||From date of remission or collection of balance|
|19||Cases relating to contingent expenditure, except vouchers and payment orders||From date of adjustment|
|20||All rejected taccavi applications and all taccavi files after full satisfaction||From date of last orders|
|21||Records of cases under Acts, such as Vehicles, Cantonments, Cattle Trespass, Forest etc.||From date of final orders|
Files to be kept for indefinite period
9.57 The following revenue files shall be preserved for the periods specified in the last column of the schedule below and shall then be destroyed :-
|SN||Nature of case||Period|
|1||Appeals and applications for revision of orders in cases not coming under previous heads||The same period as that prescribed for the original case.|
|2||Rent roll of fixed land revenue||Until sanction of new settlement|
|3||Annual business returns||Until submission of revenue report|
|4||Paper regarding additions to, and reductions from the rent-roll||Until sanction of new settlement|
|5||Attestation of security of Government servants||Until the security is returned|
|6||Files of protective pattas or certificates of exemption for a term of years from irrigated rates of assessments, also files of reduction of assessment in consequence of loss of means of irrigation||Until sanction of the new settlement following the expiry of the term of exemption or until a register is prepared incorporating the orders, whichever period is shorter.|
Private documents how to be dealt with.
9.58 Before destroying file of any proceeding, care must be taken to separate and remove from the file all documents belonging to private persons or to Government as a party to the proceedings, which have not been superseded by the decree or impounded in the case in which they are produced. The facilitate the finding out of such exhibits it has been decided in consultation with the High Court that the Ahlmad of the court concerned shall note on the index of the file in red ink the documents returnable to the persons concerned. These documents shall be preserved and tied up in a separate parcel and notice shall whenever practicable, be given to the persons who produced them in court or before the Revenue Officer, requiring them to take them back into their own keeping within six months of the date of the notice, and warning them that they will be kept at their risk, and that the court or officer declines all responsibility for them. Copies of the notice should also be put up in a conspicuous place of the court house of the Deputy Commissioner of the district, and of the court in which the suit was tried, or, if such court has been abolished of such other court or courts as may be exercising jurisdiction in lieu of it. Heads of offices must make the best arrangements for the custody of these documents that the circumstances admit of. In district offices it will probably be most convenient to keep them with the appropriate village bundles.
Records of papers destroyed.
9.59 (i) When, under the above rules, the papers contained in any A file are destroyed, a note to that effect shall be made against the entry of the case in the goshwara. In the case of Divisional Offices where no goshwara are kept, the note shall be made against the entry of the case in the general register.
(ii) Notes made under the above instructions shall be attested by the record-keeper.
(iii) No note need be made of the destruction of B files, such destruction will be presumed to have been effected in accordance with rule 48 above.
9.60. The work of destruction shall be carried out under the direct supervision of the Record-keeper and shall be effected by tearing up the papers to be destroyed.
9.61. The following registers shall be preserved for the period noticed against each from the date of the last entry and shall then be destroyed :-
|SN||Nature of case||Period|
|2||Khatauni malguzari dakhila bahi arzirsals||6 years|
|5||Tehsil Stamps Store Register||||
|7||Tehsil Stamp Store Register||||
|8||Deleted||| 3 years|
|9||Registers in forms VI and IX under paragraph 1 of Standing Order No. 55|||
|10||Registers in Forms V-B, VI-B, VII-B, VIII-B, IX-B, X AND XIV-B under paragraph 3, Standing Order No. 55.|||
|11||Asamiwar statements of land under direct management (Paragraph 24, Standing Order No. 29)||
|12||Canal Khataunis and files connected with the collections of occupier's and owners' rates||| 6 years
|13||Copying agent's Registers||}|
|14||Registers of files issued||||
|15||Registers in forms V, VII and X under paragraph 1 of Standing Order No. 5|||
| 3 years
|16||Registers in Forms V, VI and VIII under paragraph 2 of Standing order No. 55|||
|17||Registers in form I-B, II-A, II-B, III-B, IV-B, XI, XII, XIII-B, XV-B, XVI-B and XVII-B under paragraph 3 of Standing Order No. 55|||
|18 to 20||Deleted|
|22||Tehsil list of balances (paragraph 37 of Standing Order No. 31)||}
|23||Statement of local rates and other cesses||||
|24||Return of loans granted to Agriculturists||||
|26||List of Revenue Buildings||||
|27||Budget estimates under revenue heads of Accounts|||
| 3 years
|28||Statement showing the share of land revenue to which the canal department is entitled to take credit in its accounts|||
|29||Khataunis of taccavi advances||||
|32||Tehsil indents for stamps||}|
|33||Tahsil returns of stocks and sales of stamps||| 1 year|
|35||Station and out-station dak, books in Commissioners and Deputy Commissioners Offices||3 years|
|36||Register of contingent chares||5 years|
|37||Contingent Cash Book||15 years|
|38||Abstract register of receipt and disbursements||12 years|
Destruction of papers which do not come into the Record Room.
9.62 In the case of files excluded from the record room, in the absence of orders to the contrary, no fly-index shall be prepared; the papers of each file shall in the first instance be arranged chronologically by the clerk in charge of them and preserved for the period prescribed in the second column of the lists below and then destroyed. The destruction shall be carried out by the clerk in the presence of the officer under whose orders he works, and shall be effected by tearing up papers to be destroyed. In the case of continued correspondence the file shall not be set aside for destruction until correspondence is complete.
The following files shall be preserved for the period noted against each from the end of the year to which the papers relate and shall then be destroyed:-
|SN||Nature of case||Period|
|1||Grant of powers to officers||1 year|
|2||Papers regarding encamping grounds and supplies and carriage for troops||}
|3||Papers relating to minor process of duress, including-
(a) warrants of attachment or arrest for recovery of land revenue, excise revenue, etc, when the demand is paid before execution of warrants:
(b) other proceedings for recovery of revenue when no property of any kind is attached or sold:
| Six months
|(c ) papers regarding the issue of writs of demands
(d) papers regarding appointment of temporary mazkuris
| Six months
|4 to 39||Deleted|
|40||Applications for leases and licenses of all sorts when not granted||}
|41||Rejected application for taccavi less than Rs.1,000|||
| 3 months
|43||Applications for stamp and licenses||||
|44 to 52||Deleted||}|
|Reports of record-keeper regarding non-receipt of files from courts, and slips sent by courts explaining cause of delay in submission of files or nature of errors.
Applications of sadr wasil baki nawis for issue of orders to tahsil wasil baki nawis
} When the orders
| passed have been
| carried out
|55||Applications for refund of spoiled stamps when refund has been sanctioned||When the receipt for the money paid has been received|
|57||Notices received from other districts about fairs, auction of liquor or other contracts, etc.||After the date of fair or auction has far passed|
|59||Papers regarding despatch of treasure between sadr and tahsil guards, etc.||At the end of the year to which the papers relate|
|Stamp penalty statements received by Collectors from courts
Quarterly returns of receipt and sales of Stamps submitted by stamp vendors
Applications relating to power-of-attorney not forming part of a judicial record.
|} At the end of the year
| to which the papers
|Papers relating to the preliminary enquiries made through the Tehsildars as to the claims of ex-soldiers for pension
Papers relating to the preliminary enquiries made through the Tehsildars as to the legal title of the heirs of deceased soldiers in regard to their family pensions
} Three years from the
| date of disposal of
| each case.
|68||Papers connected with the revision of District Gazetteers, Part B||Three years after the date of publication of the Gazetteer.|
|69||Files relating to motor tax and drivers' licenses||Three years after final order.|
|70||District Land Revenue Administration Reports||For the period of Settlement|
|72||Miscellaneous papers such as charge reports of Extra Assistant Commissioners, Tehsildars and Naib-Tehsildars, pay of chaukidars and receipts therefor, reports of sheriffs, treasurers, etc., filed in the office at the headquarter.||Three years|
|75||All papers relating to petroleum licenses||Three years after the expiry of the licenses concerned.|
|76||Punjab Legislative Assembly Bills and Correspondence connected therewith.||Three years|
|77||Correspondence in connection with by-laws framed by local bodies||Three years after the by-laws have been printed in the Punjab Gazette.|
|78||Correspondence relating to the suspension of driving licenses||One year after the expiry of the period of suspension.|
|79||The personal file of a money-lender consigned to the General Record Room under instruction 6 of the Departmental Instructions issued in connection with the working of the Punjab Registration of Money Lenders Act, 1938.
The register referred to in these rules will be preserved permanently.
|Six years from the date of the last renewal of the licenses. In the case of a money-lender, whose license had been cancelled under section 6 of the Act, the period of six years should be counted from the date of the expiry of the period of cancellation of the license.|
|80||Correspondence relating to the posting, transfer and leave of Deputy Commissioner, Assistant Commissioners, Extra Assistant Commissioners, Tehsildars and Naib Tehsildars.||Five years after the transfer of the officer from the district.|
|81||Bills introduced by the Central Legislature and correspondence connected therewith.||3 years|
|Annual statements showing the names of the employees of the local bodies who are relatives of the members
Annual report on the progress of education in the district,
Annual statement of accounts of contributions to be recovered from local bodies on account of local Government Inspectorate
| Ten years
|87||Application under the Punjab instruments (Control of Noises) Act, 1956||One year from the date of decision|
|88||Papers relating to the prisoners detained under the Preventive Detention Act, 1951||Perpetuity.|
Form R-1 (Paragraph 9.10)
Goshwara of Revenue Basta
|Date of receipt||SN||Number of Suit||Names of parties||Nature of Suit||Date of final order||Abstract of final order and order on review||Number of papers||Date of destruction||Record keeper's signature||Remarks|
Form No. R-4 (Paragraph 9.13)
|Date of receipt||SN||Number of Suit||Names of parties||Nature of Suit||Date of final order||Abstract of final order and order on review||Number of papers||Date of destruction||Record keeper's signature||Remarks|
FORM R-8 (Paragraph 9.19)
Requisition for Files
Requisition for records from the record room, district court requisitioning
|Number of the file required||Class of case||Parties with residence||Claim of offence||Date of decision||Name of officer who decided the case||Record room No. of the file||Village in basta of which the file should be, with hadbast No.||Whether B part is required or not||Date of peshi||(For record-keeper's use) No. of entry in issue register|
(Signature of official requisitioning, with date)
N.B. - B files will not be supplied unless specially asked for. Requisitions must be in duplicate; for one copy a separate form must be used for each record required for the other all files required at one time may be entered in one form.
This form can also be used for requisitions by the record room for papers from the Police office.
FORM R-9 (PARAGRAPH 9.20)
Register of Issues (Daramad Baramad)
|Serial No.||No. of the file and date of decision||Names of parties||Description of case||Number and date of requisition received||Name of court to which file sent||Date fixed for hearing||Date on which the file left the record room||Name or signature of official to whom given||Date on which the file was returned to the record room||Name of village and No. of basta from which file was taken out||Signature of record-keeper.||Remarks|
FORM R-10 (PARAGRAPH 9.20)
List of Files Issued
To the Court of … Dated
|Number of file in issue register||Record-room No. of file||Names of parties||Description of case||Date fixed for hearing||Date on which file left the record room||Verification of Ahlmad of court|
Revenue Standard Form No. 72
FORM R - 11 (PARAGRAPH 9.20)
Register of Bastas taken down for the purpose of including new or
refund Files or Shamilati Papers
|Date||Class of Basta||Name of village with hadbast
No. or class of kuliat
|Number or year of basta if any||Purpose for which taken down|
Revenue Standard Form No. 73
Form R - 12 (PARAGRAPH 9.22)
Record Room Work Register
|Date of Receipt||Court||Number of Fresh Mauzawar Files Received||Number of Fresh Kuliat Files Received||Number of files issued||Number of Shamilati papers received|
|Executive Magistrate's Court||Revenue||Executive Magistrate's Courts||Revenue|
Entries by courts should only be made in the case of mauzawar and kuliat files received. For files issued not included files returned and for shamilati papers received daily totals only should be entered.
Revenue Standard Form No. 74
FORM R-13 (PARAGRAPH 9.20)
Searching Fees Book
Date No. Date No.
Applicant's name Applicant's Name
Particulars of file Particulars of file
Signature of Record-keeper Signature of record-keeper
Revenue Standard Form No. 75.
FORM R-14 (PARAGRAPH 9.38)
Progress report of Destruction Muharrir
|Date||Name of Village dealt with||Number of bundles dealt with||Number of files bundled||Number of files destroyed|
Revenue Standard Form No. 76
FORM R-15 (PARAGRAPH 9.38)
Record-keepers Progress Report of Destruction Work
|Name of muharrir||Total village of Muharrir's share||Number of villages dealt within quarter||Number of villages since April Ist 19…||Number of bundles dealt within a quarter||Number of files bundled in quarter||Number of files destroyed in quarter|
Revenue Standard Form No. 77
FORM R-16 (PARAGRAPH 9.11)
Memo on account of the Residence of the Parties in different villages
1. Name of villages bundle in which memo kept.
2. Number of case
3. Names of parties
4. Claim or offence
5. Date of decision
6. Name of officer
7. Name of village bundle in which file kept.
Revenue Standard Form no. 78
(FORM R-17 (PARAGRAPH 9.14)
Specimen of List of Mistakes
In case decided by
|Serial No.||Detail of mistakes||Reference to paper on file||Note regarding correction made|
|1||Name and number of village or name of Tahsil or Thana not recorded.|
|2||Particulars of claim and detail of costs not given|
|3||Abstract of final order not properly given|
|4||Name of officer with powers not given|
|5||Detail of stamps used not given|
In case decided by
|Serial No.||Detail of mistakes||Reference to paper on file||Note regarding correction made|
|6||Serial No. on the opening Sheet not correct|
|7||Number and class of case not right or not given|
|8||Number and value of stamps not given|
|9||Number of certificates on the index|
|10||Serial No. not given on the papers or the index mutilated|
|11||Name and powers not given on the heading of the depositions|
|12||Seal not affixed and powers not stated under the signature of the officer|
|13||A and B papers are not separated|
|14||This paper should go to A file or B file|
|15||This paper is not recorded|
|16||Number and particulars of the case and the name of the person filing the document and date of filing not endorsed on the document.|
|17||List of exhibits not complete, columns left blank.|
|18||Paper is mutilated. Should bear signatures.|
|19||Name of village and date of decision of the original suit not given in the index|
|20||Paper not entered in detail|
|*21||The order is not signed by the officer|
*The word "order" referred to in item No. 21 above does not refer to purely routine orders which can be signed by the Clerk of Court or Reader.
In case decided by
|Serial No.||Detail of mistakes||Reference to paper on file||Note regarding correction made|
|22||Abstract of order is incomplete|
|23||Date of decision of case, name of village, place of occurrence should be given on papers intended to be placed on the file.|
|24||Papers not entered in the index chronologically but placed on the file consecutively.|
|25||The list of connected files not correctly filed.|
|26||Reader's signature about partal is wanting.|
|27||Exhibits are not in the pocket.|
|28||The English chitha is not in the pocket|
|29||Panjabi translation should be attached|
|30||The index should be closed at the end and Ahlmad should sign|
|31||The file is bulky, should be placed in two file boards.|
|32||File has been received in the record room after the prescribed period. The presiding officer should explain cause of delay.|
|33||The result of final order not given on the index|
|34||Stamp not punched|
|35||Stamp not punched at the proper place|
|36||No signature on the stamp|
|37||No date on the stamp|
|38||Signature on the stamp irregular|
|39||The stamp is of a dubious nature.|
In case decided by
|Serial No.||Detail of mistakes||Reference to paper on file||Note regarding correction made|
|40||Stamp purchased by a different person|
|41||Stamp is inadequate|
|42||the stamp should be a court-fee stamp|
|43||Process fee stamp is inadequate or not affixed.|
|44||Paper does not bear the order "place on file" or it is torn out or is unsigned.|
|45||Decree sheet is incomplete|
|46||Exhibit is not endorsed, or is not in the pocket and the pocket does not bear its number|
|47||The original file does not bear the number of the file called for and vice versa.|
|48||Paper attached is upside down.|
|49||Costs not adjusted|
|50||The value of land partitioned not entered in the instrument of partition|
|51||Receipt stamps not affixed|
|52||The objection file should be attached to the original file of execution of decree and then filed.|
|53||Police diaries or first report wrongly placed on file. Should be returned to the Police.|
|56||The file is without label.|
Form R-18 (PARAGRAPH 9.22)
Slip showing delay in the despatch of a file, recently decided, which has been received from ________ office in the District Office, _____________ after the prescribed period.
|No. of File||Names of parties||Claim or offence||Date of decision||Date of despatch of file to the record room||Number of days of delay||Brief explanation of delay
Presiding Officer of court
|Note by the record-keeper||Order of officer incharge of record room||Order of Deputy Commissioner|
Revenue Standard Form No. 80
FORM R -19 (PARAGRAPH 9.16)
As to the destruction of file
This file will be destroyed on ______________
Date of receipt in office
Signature of the Assistant,
Record-keeper checking the file
|No. of case||Class of case||Name of court to which case belongs||Date of institution||Date of decision||Number of papers||Name of village||Name of Tahsil|
|No. in General Register||Hadbast No.||No. of Village Goshwara|
Claim or offence __________ versus
|A PAPERS||B PAPERS|
|Serial No.||Name of paper||Number of papers||Value of Court Fee||Serial No.||Name of paper||Number of papers||Value of Court Fee|
Certified that papers as detailed above bearing Court-fee stamp of the proper value of _________ have been filed in this case.
Checked and found correct.
Signature of the Assistant Signature of Ahlmad
record-keeper Dated 19
Revenue Standard Form No. 81
FORM R-20 (PARAGRAPH 9.13)
Fly Index (for Kuliat files only)
This file will be destroyed on _____________
Date of receipt in office Signature of the Assistant Record
Keeper checking the file.
Number in Register________ Village ________________
Subject _________________ Circle No.______________
Date of Institution _________ Tahsil _________________
Date of Decision __________
Number of Papers _________
LIST OF PAPERS CONTAINED IN FILE OF CASE
|A PAPERS||B PAPERS|
|Serial No.||Name of Paper||Number of Papers||Serial No.||Name of Paper||Number of Papers|
Note : - In the case of records kept at tahsil offices, columns 5 and 7 will be signed by the office Kanungo instead of by the District Kanungo.
Certified that _________ papers as detailed above bearing court-fee stamps of the proper value of _________ have been filed in this case.
Dated 19 Signature of Ahlmad
Checked and found correct
Revenue Standard Form No. 82
FORM R-21 (PARAGRAPH 9.12)
Basta No._______________________ Department_____________________
Village ________________________ Topographical No. _______________
Tahsil _________________________ District _______________________
Form No. (Goshwara) ______________ To No. _________________________
From Month _____________19 to month ________________19
Questionnaire for the guidance of the officers inspecting (general) record room in charge of Deputy Commissioners in the Punjab.
(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. Date of last inspection.
(The record office should be inspected regularly every quarter by the officer-in-charge--Reference---paragraph 9.4).
2. Are all files received in the record room properly compiled and arranged by ahlmads of court and offices in accordance with the instructions contained in paragraph 9.6?
(At least 12 files should be examined at random to ascertain whether these instructions are really observed).
3. (a) Are all newly received revenue and other files duly entered in register and goshwaras and placed in village or other bundles to which they belong and is the village goshwara number given on the index (paragraph 9.11) ?
(b) As required by paragraph 9.16, is the period of retention of files varied in appeal, etc., duly altered in the index on receipt of the appellate or other papers ?
( At least 12 files should be examined at random to ascertain this).
( c ) Are the appeal, review , revision and execution files invariably attached to the original files, as required by paragraph 9.18 ?
(The inspecting officer should examine about a dozen files to verity that the files have been correctly entered in the registers. He should also make a test of the proper arrangement of records as suggested in paragraph 9.21 and note the result ).
4. Are "A" files separated from "B" files by the record room official before consigning them to the record room and are file "B" papers placed in a separate room, or separate set of racks set apart for the purpose ?
5. Are such references given in the index of "A " files as will enable the Record Keeper at once to produce both series in case they are called for before the term for destruction arises ?
6. (a) Are the files arranged (i) by villages (mauzawar) or (ii) by subject (kuliat) as required by paragraph 9.9. ?
(b) In case the land to which the file relates, is situated in more than one village is the memorandum (form R-16) put in the bastas of all the villages concerned ?
(At least 12 bastas should be examined to ascertain that the above arrangement is followed by record room officials. The result should be stated opposite ).
7. Is the work of receiving, examining, registering, placing, issuing or restoring files entrusted to the destruction or inspection muharrirs in contravention of the orders contained in paragraph 9.14 ?
8. On receipt of a file into the record room, does the Record keeper or his assistant verify carefully that--
(a) proper court-fees have been realized;
(b) stamps affixed to plaints, fard talbanas and other documents are genuine i.e. they have not been removed from files and re-used;
(c ) the figure-head of stamps has been punched by court official in accordance with section 30 of the Court Fees Act and that the cancelling officer has affixed his signature and the date across each label in indelible ink as required by rule 2, chapter 4-C, High Court Rules and Orders, volume IV ?
9. (a) Does the Deputy Record keeper make over to the muharrirs without delay all the files checked and examined by him ?
(b) Is his daily average sufficient ?
(c ) Has he detected insufficiently stamped documents ?
10. Does the Record-keeper or his assistant punch a second hole or, in the case of stamps falling under clause (c ), rule 1 of chapter 4-C, High Court Rules and Orders, Volume IV, a third hole in each lable , distinct from the first, and note in indelible ink the date of doing so at the same time ?
(The inspecting officer should check personally about a dozen files to ascertain whether these instructions are carefully observed by the record room officials).
11. Are the particulars regarding the date of destruction entered at the head of the forms of index in the space provided for the purpose; and if the period is varied by appeal, etc., is the necessary alteration made in the index on receipt of the appellate or other papers ?
12. (a) Are files required by courts at headquarters issued to them on receipt of a separate requisition for each file in Form F-8 and is the signature of the ahlmad concerned taken in the issue in Form R.-9 ?
(b) See that no undue requisition for files is made to the record office ; continuous infringement of this rule by any court or officer should be brought to the notice of the Deputy Commissioner by the officer-in-charge (paragraph 9.4).
(c ) Do the ahlmads of sadr courts observe the dates fixed for the receipt of their files (paragraph 9.14) ?
(d) Are the requisition slips (form R-8) placed in the bundles in place of the files issued from the record room (paragraph 9.19)?
13. Does the Record Department send to all courts below that of the Financial Commissioners and the High Court on the second day of the first month of each quarter a list, in form R.-10, of the files, which have not been returned, and ask them for verification regarding each file ?
14. (a) Are all requisitions by courts for files sent at least a week before the date of hearing and not on the date of hearing ?
(See that the date of hearing is always noted in such requisitions).
(b) Are the files sent to the courts in good time before the date of hearing ?
(c ) Is a number book in form R.-11 properly maintained by each muharrir whose duty is to place files in bastas ?
(See penultimate sub-paragraph of paragraph 9.20).
15. Are all files sent to the record room regularly by courts or offices within fortnight/fifteen days after the passing of final orders (paragraph 9.22) ?
(See that the practice of ante-dating the challans of the files sent to the record room does not exist with the connivance of muharrirs and that form R-18 is invariably used for delayed files).
16. Is the register (in from R.-12) or record room work regularly maintained by the Record-keeper (paragraph 9.22)?
18. Are the similar instructions for the preservation and destruction of revenue files and registers carefully complied with by the Record Department ?
19. Is a note made of the destruction of "A" files in the goshwara if all the papers are destroyed and in the fly index, if some only are destroyed ? Is the note attested by the Record-keeper ?
20. Is the destruction of records carried out in accordance with the procedure laid down in paragraph 9.36?
21. (a) Deleted.
(b) What is the average number of files destroyed and arranged by each destruction muharrir ? (The average is 11,000 files per destruction muharrir per annum. If this standard is not attained the muharrirs at fault should be suitably dealt with).
(c ) Is the number of files destroyed equal to the number received in the preceding year in the record room ?
(d) Is the time spent on the inspection of a record noted in the register maintained by the inspection muharrir ?
22. (a)Are paragraphs 9.24 to 9.30 of the chapter regarding inspection of records carefully observed by the inspection muharrir especially sub-paragraph 2 of paragraph 9.27 ? ( In this connection examine a few files to see if fresh applications with a new stamp are invariably put in when the record are not inspected on due date).
(b) Examine the accounts of the inspection muharrir and see if the inspection branch of the record room is self supporting if not, suggest reduction.
23. Is the person desiring to inspect a certain record or case required to submit an application in writing and to affix there to proper court-fee stamps to cover the search and inspection fees prescribed, in paragraph 9.2 and 9.28 of this Chapter ?
24. Are all the applications referred to in the preceding question 23, entered by the inspection muharrirs in the register maintained for the purpose and are the court fee stamps cancelled by such muharrirs immediately on receipt of application in the manner laid down in section 30 of the Court Fees Act?
25. Are the receipts from the record room credited without delay and to proper heads (paragraph 9.39) ?
26. Are the members of the record staff (excluding the general record-keeper and his deputy) transferred too frequently? If so, the Deputy Commissioner should issue suitable orders to prevent this.
THE NAZARAT AND THE KUTCHERY COMPOUND FUND
I. THE CONTINGENT WORK OF THE NAZIR
The Contingent Register
Form and character of the register of contingent expenditure
10.1. The most important function of the district nazir is the disbursement and record of contingent expenditure. The register prescribed is in P.F.R. Form 13 and the instructions regarding the entries to be made in it are contained in rules 8.15---8.17 of the Punjab Financial Rules, Volume I. The register is intended primarily as a daily record of contingent expenditure made under competent authority; but owing to the nature of contingent charges it is not feasible, in practice, to insist that every entry shall, at the time it is recorded, represent an actual payment by the nazir made under proper sanction. On the one hand, it is occasionally necessary for him to make petty payments in anticipation of sanction, and on the other hand, he has sometimes to place himself in funds to meet an unusually large sanctioned charges by drawing money from the treasury on a contingent bill in advance of actual expenditure. The latter case is provided for in rule 8.3 of the Punjab Financial Rules, Volume I. The item is entered in the register previous to payment, and is included in the bill which is signed by the gazetted officer-in-charge on the authority of the payment order. The entry in the first column then represents the date of the inclusion in the bill, and unless this coincides with the date of payment by the nazir, the register fails--- in this instance--- to be a record of daily expenditure. Similarly, it is the practice of gazetted officers-in-charge to refuse signature to a contingent bill unless each and every item is supported by a payment order, and as under rule 8.8 ibid, the bill should be the total of items brought to account in the register since the last bill was prepared, the nazir is precluded from entering unsanctioned charges at the time of payment.
These difficulties have led to considerable confusion in the method of maintaining contingent registers. The entries in the first column sometimes represent the date of actual payment, sometimes that of the payment order and occasionally that of inclusion in the bill. The nazir has, therefore, been obliged to maintain various supplementary register, varying in form from district to district, while the prescribed register has degenerated into a convenient aid to the bills clerk in operating contingent bills.
The following paras are intended to provide for the difficulties mentioned above, to ensure uniformity and to simplify the nazir's work. They are to be regarded as supplementary to those contained in the Punjab Financial Rules.
10.2. Description of charges to be given
Since the prescribed form will in future be the only expenditure register maintained by the nazir for contingent work, a description of the items will not be confined to unusual charges. Under the heading "description" in the column of "unusual charges" will be given a brief abstract of the nature of the expenditure sufficient to enable the payment order to be traced should this be necessary at any time before its destruction. The date of the payment order will always be given in this column, the entry being made, whenever possible, when the item is brought on to the register. Where payment proceeds sanction the entry will be added upon receipt of the payment order.
10.3. Sums drawn in advance of actual expenditure
When the nazir can only meet a sanctioned charge by drawing money in advance from the treasury he will enter the item in the register giving the date of actual entry in the first column. He will make a note "drawn in advance" in the remarks column, and in the same column will enter the actual dates of payments as they are made.
10.4 Treatment of charges paid through Tahsildars
The Nazir is the agent through whom Tahsildars/Sub-Divisional Officers ( C) recoup their permanent advance and obtain funds for the payment of contingent charges. On receipt of a bill from a Tahsildar/Sub-Divisional Officer ( C) duly sanctioned by the Deputy Commissioner or other controlling officer, the nazir will enter the items under their proper heads with a brief description of their nature. He will enter the office of the Tahsildar/Sub-Divisional Officer (C ) in the second column, and the date of entry in the register in the first column. If, as is usually the case, the remittance to the Tahsildar/Sub-Divisional Officer ( C) is made through R.T.R., the nazir will note its number and date in the remarks column as well as the date on which he himself despatches it to the Tehsildar/Sub-Divisional Officer ( C).
10.5. Tehsil/Sub-Divisional account of contingencies should be kept in form N-9 and bills should be submitted by Tahsildars/Sub-Divisional Officer (C ) in form N-7 with all necessary vouchers. The serial numbers of the bill should be those of the registers. If any item is open to objection the whole bill should not on that account be returned. The objectionable items should be noted in the space provided on the back of the form and the rest of the bill paid. The objectionable items should be returned separately with an objection slip in form N-8 on which, when the objections is finally disposed of , the payment order may be passed.
10.6. Payment by transfer
A Similar procedure will be observed in all cases in which payment is made by transfer and not in cash. In the contingent register the Nazir will show opposite the total of each contingent bill, the amount drawn in cash, and the amount remitted by transfer.
10.8. Payments made by the Nazir for contingent charges incurred
In all other cases where the nazir pays away money for contingent expenses actually incurred, he will at once enter the date of payment in the first column of the register, other details being given as usual.
10.9 Payments made by the Nazir for contingent charges incurred
Any payment made by him in anticipation of sanction will be entered at once under the date of payment. It will not be included in the contingent bill unless and until the charge is properly sanctioned.
Such payments should be made only where the charges are petty, delay would cause unreasonable inconvenience to payees, and there is good reason to suppose that sanction will be given as a matter of course. Deputy Commissioners and officers-in-charge should see that these restrictions are observed.
10.10. Diet and Road-money to witnesses
(1) A register in form N.--31 is maintained in all courts. The procedure as regards the payment of diet and road money to witnesses will be as follows :---
(a) As far as possible one voucher should be prepared for each case which will be filled in by the ahlmad at the conclusion of the hearing of the case for the day.
(b) The presiding officer will have the money disbursed to the witnesses in his presence, and record in his own hand writing the amount paid and sign the voucher that money has been so disbursed.
( c) The voucher will then be entered in the court register maintained in form N.--31, numbered with the serial No. of the register and sent to the district nazir.
(d) The district nazir will then make the payment, enter the voucher in his contingent register. A separate entry need not be made for each payee, but must be made for each case; giving (1) court, (2) serial No. (3) particulars of case.
(e) The presiding officer will initial column 10 of the register in form N.--31 at least once a week in token of having compared it with the Nazarat register.
(f) The nazarat officer should be provided with specimen signatures of all presiding officers.
(2) The following instructions should be observed in regard to the checking of the entries in the register maintained by outlying courts :--
(a) When the outlying court (or if there is more than one court, the naib-nazir appointed at that place ) holds an advance from the district nazir---
If there is only one court no comparison of the entries in the register or road and diet money paid to witnesses is necessary. If there are more than one courts the payments should be made by the naib-nazir under the supervision of the presiding officer of each court as at district headquarters and the entries in the register of road and diet money paid to witnesses should be compared with those in the further comparison with those in the contingent register maintained by the naib-nazir. No further comparison with the district nazir's contingent register is necessary.
(b) When the outlying court holds no advance---
The payments are made by the district nazir on receipt of the written orders of payment direct from such outlying courts. In such cases, a comparison with the entries in the contingent register of the district nazir is necessary and should be effected by the issue of fortnightly memoranda by the outlying courts to the nazarat officer.
(3) (i) Undisbursed deposits of diet money payable to witnesses in revenue courts not exceeding Rs. 25 in amount should be returned without notice to the depositors concerned by money order, the cost of the money order commission being deducted from the sum to be refunded.
(ii) Before the record of a decided case is consigned to the record room the Reader of the Court should attach to it a certificate that undisbursed deposits of diet money have in all case, where necessary, been refunded to the depositors. The Record-keeper should not receive any record to which this certificate is not attached.
10.12 Preparation of contingent bills
The contingent register will contain all the material required for the preparation of contingent bills. Both abstract and detailed bill should be prepared direct from the register. No office copies should be made, and if a clerk fails to prepare a fair bill at the first attempt, the spoiled copies should be destroyed.
10.13 Disposal of contingent sub-vouchers and payment orders
The orders relating to the disposal of contingent sub-vouchers are contained in rules 8.8--8.13 of the Punjab Financial Rules, Volume I, according to which sub-vouchers of contingent Bills of amount exceeding Rs. 500 in respect of countersigned contingencies and Rs. 250 in respect of non-countersigned contingencies are required to be attached to the relevant bills for submission to the Audit Office (F.D. Letter No. 37/iii/79-FR-(4)/ 1978 dated 5-3-1980). For dealing with other sub-vouchers and payment orders etc., Chapter 8 of P.F.R. Volume I may be consulted.
The Contingent Cash Book
10.14 Form of each book. The nazir will maintain a contingent cash book in form N-I attached.
10.15 Entries to be made only under main heads of accounts
The cash book is intended for cash transaction relating to the charges down on contingent bill forms only . The daily totals of these items will be entered under the following main heads of account and not by each detailed head :--
1. "253-- District Administration (b) Distt. Estt.
2. "253--District Administration (c ) other Estt. (3) Kutchery Compound Estt.
3. "253-- District Administration (c ) Other Expenditure (1) Works.
4. "253--District Administration (b)--Distt. Estt.--(8) Discretionary grants by the Commissioner/ Dy. Commissioner " .
5. "253--District Administration (c ) Other Estt.--4---Remuneration to chaukidars (1) Wages".
6. 253--District Administration (c )--- Other Establishment ---Copying Agency Estt."
7. "253--District Administration---(c )---Other Establishment---Sub-Divisional Establishment ".
8. "268--Miscellaneous General Services--(6)--Other expenditure (5) Expenditure in connection with the Independence day--Other charges".
9. "258--Stationery & Printing--Purchase of plain papers used with stamps--D--Discount on plain paper & receipt etc. on plain paper."
10. "288--Social Security and Welfare--E--Other Social Security and Welfare Programme (C ) Other programme (b)--Legal aid to the person."
11. "283--Housing --B--Housing Scheme, House sites to Landless workers.
12."283-- Housing General (a)--Directions and Administration--1 Ligh / Migh."
13."256--Jails (b) Jails lock ups--Salaries/Other Charges."
14." 242--Taxes on Vehicles (a) Collection Charges."
15."247--Fiscal Services (a) Promotions Small Savings”.
16."295--Other Social and Community Services--(A) Geological Public Garden."
17."295--Other Social and Community Services--Donation for Charitable Purposes."
18."295--Other Administrative Services--(C )-- Upkeep of Shrines and Temples--Dharamarth."
19."265--Other Administrative Services--(C ) Civil Defence."
20. "268 - Misc. General Services-Prevention of Cruelty to Animals."
21. "289 - Relief on account of natural calamities."
22. "683-Housing-Loans Advances for Repair of Houses in Urban Areas".
23. "229-Land Revenue (c ) - Other Expenditure - Office Expenses (4) Other Charges."
24. "705 - Loans for Agriculture."
25. "706 Loans for Minor Irrigation - Soil Conservation."
26. "714 Loans for Community Development and National Extension Scheme."
27. "049 - Interest of all the above heads (Taccavi Loan Heads)."
1. "068-Misc. Registration of Kutchery Compound".
2. "039-State Excise (Fines and Confiscation)."
3. 065 - Other Administrative Services - Other Services (C ) Other Receipts."
4. "065 - Other Administrative Services - Court Fee realised in cash."
5. "029 - Land Revenue."
(1) "Fixed Land Revenue".
(2) "Fluctuating Land Revenue."
(3) "Additional Land Revenue."
(4) "Cess on commercial crops."
(9) "Special Charge"
(10) "Normal Rate"
(11) "Copying Fee"
(12) "Mutation Fee"
(13) "Consolidation of Holdings Fee"
(14) "132, 133 - Water Rate/Owner Rate"
(15) "106 - Tubewells."
10.16 Form of entries
Column 5 of the cash book will show the daily total of cash receipts under each main head which will be indicated by its number entered in column 4. These receipts will be the amounts drawn during the day in cash from the Bank through the treasury on contingent bills, and will therefore not include sums drawn by transfer or by R.T.R/Bank Drafts. Columns 6 and 7 will contain similar entries for disbursements which will appear in the cash book when payment has actually been made by the nazir, and the transaction has also been brought to account on the contingent register. Thus sums drawn in advance will appear on the receipt side on the date that the contingent bill is cashed, but the charges for which they are drawn will be included in disbursements under the dates of payment as entered in the “remarks” column of the contingent register.
10.17 Control over contingent expenditure
(1) Under rule 8.25 of the Punjab Financial Rules, Volume I, the Deputy Commissioner is responsible for the control of the contingent expenditure; but he may delegate the duty of supervision which includes that of signing the contingent bills, to any gazetted officer, hereafter referred to as Nazarat Officer.
Note:- The Nazarat Officer will exercise his supervision as far as possible through the Superintendent to whom in the first instance all papers should be submitted by the Nazir and Naib-Nazir.
(2) The District Nazir's accounts and registers should be examined carefully once a quarter by the Deputy Commissioner or by some officer other than the Nazarat Officer nominated by him. At each inspection the general state of the Nazir's department should be examined and the correctness of at least 10 per cent of the vouchers verified.
(3) Excepting routine items such as the diet money of witnesses, electricity bills and menials' pay, the Nazarat Officer should not pass any items of new expenditure exceeding Rs. 100 without the Deputy Commissioner's sanction. The Nazarat Officer should scrutinize all vouchers and satisfy himself as to their correctness or genuineness before passing them. He should report at once to the Deputy Commissioner any tendency to extravagance.
(4) As for the Deputy Commissioner's personal responsibility in this connection, see paragraphs 1.1 and 1.18 of this Manual
10.18 Cancellation of sub-vouchers and payment orders when bill is signed
For the vast majority of items, payment orders and sub-vouchers will have been obtained before the preparation of the contingent bill, and they should be produced with the register before the officer-in-charge when the bill is placed before him for signature. They should where possible, be in Form N-2. Such sub-vouchers and payment orders should, in his presence, be defaced or cancelled so that they cannot be used again.
10.19. Procedure with regard to exceptional items.
For exceptional items included in the bill, representing sums either drawn in advance or paid in anticipation of sanction, he will see that the appropriate notes have been made in the remarks column of the register before he signs the bill. For sums drawn in advance the nazir will produce the sub-vouchers when payment has been made. The officer-in charge will see that the dates of payment have been entered in the remarks column, that they correspond with those on the sub-vouchers, and that the nazir has made the payments with as little delay as possible. He will then initial the note in the remarks column and will deal with the sub-vouchers and payment orders as in paragraph 18 above. So also, as regards payments made in anticipation of sanction, the nazir will produce the payment orders as soon as it is obtained, and if it is in order the officer-in-charge will initial the entry in the remarks column of the register and will dispose of the sub-vouchers and payment orders as in paragraph 18 above.
The officer-in-charge by initialling the notices in the remarks column shows that he has satisfied himself that the charges have been duly sanctioned and have been met by the nazir. He should, therefore, not initial them until both payment orders and sub-vouchers have been produced before him. He will report to the Deputy Commissioner any delay in their production.
10.20 Check of items and totals
Before signing a contingent bill the officer-in-charge will see that the total is correct and will compare the entries item by item in the bill and the register. Negligence in checking the items and the total may easily lead to fraud.
10.21 Check of cash book and cash balance
The officer-in-charge should check daily the contingent cash book and the cash balance once a month. He should see that only cash transactions are entered that they correspond with the entries in the contingent register and that the cash in hand corresponds with that shown in the cash book as with the nazir. He should also see that the nazir regularly recoups his permanent advance, and keeps it at a reasonable amount by the prompt preparation of contingent bills.
10.22 Supervision of Record and destruction.
The officer-in-charge nazarat, is responsible for the regular consignment to the record room of all payment orders and sub-vouchers which have to be preserved under paragraph 10.13 and for the periodical destruction of old papers which have not been consigned to the record room. Destruction of papers consigned to the record room will be carried out in the usual way by the record room staff. It is understood that the papers sent to the record room will be merely for safe custody and need neither be entered in the record room registers nor have any fly index.
II. THE DEPOSIT ACCOUNTS OF THE NAZIR
10.23 The nature of the nazir's deposit work and security.
(a) The nazir, having furnished a security bond and possessing facilities for the safe custody of money, is a suitable agent through whom sums due to Government may be paid into the Bank through treasury, which cannot be paid in more conveniently by some other official. With regard to receipts other than for contingent purposes he is primarily the agent for payment into the treasury/Bank. All such receipts, whatever their ultimate destination may be, are in deposit with him until they appear in the treasury be, are in deposit with him until they appear in the treasury accounts, and the fact that some are then shown in deposit while others are credited to Government, does not affect their nature as far as the nazir is concerned.
(b) Steps should be taken to see that security is actually taken in all cases where the rules lay down that any official should furnish it. The nazir should furnish security in accordance with rules 3.5 to 3.7 - Chapter 3 of the Punjab Treasury Rules Volume I or Rs. 500 whichever is prescribed.
(c ) The nazir should not be allowed to keep in his possession any sum received by him in the form f a deposit but such money should be deposited in the Bank through treasury without delay.
10.24 Deposit register to be maintained
(Forms N-3 and N-4)
The registers maintained by the nazir for deposit work will be in Forms N-3 and N-4. The entries will relate to all money payment into the Bank through treasury received by the Nazir and not relating to contingent expenditure.
10.25 Receipts to be credited as soon as possible
All receipts which pas through the nazir will be credited by him into the Bank through treasury as soon as possible. Ordinarily they should be credited on the date of receipt but, if received too late for this, they will be credited on the next working day, provided full particulars of the nature of the payment are stated. Treasury Officers must, however, not refuse to receive challans for large sums of money amounting to Rs. 500 or over even through the complete classification is not furnished provided that at least the major head of the account is noted on the challan.
10.26 Nature of Nazir's deposit receipts.
The receipts which it is convenient to credit through the nazir are revenue court deposits, remittances for payment to heirs of sepoys, and miscellaneous sums due to Government.
10.28 Revenue deposits received by courts
Revenue court deposits received by courts at headquarters will, in future, be paid into the treasury by the district nazir and not by the civil nazir, or court ahlmad. They can be paid into sub-treasuries when the court is on tour, and this should be done when suitable arrangements can be made and the convenience of the parties is served thereby.
10.29 Each revenue court shall maintain a register of applications for permission to deposit money on account of decrees in revenue court cases, deposits in redemption cases and similar revenue deposits. On receipt of such application the court concerned shall call for an ordinary report and when it is found that a deposit is permissible, it shall pass an order that the district nazir should accept the deposit. An entry to this effect should be made in the court's register of applications under the initials of the presiding officer. The application should then be made over to the applicant who will take it to the Reader to the officer-in-charge of the nazarat. This official will maintain a register of applications to make revenue deposits and will enter the application in this register, noting the word "entered" on the application. He will then return the application to the applicant along with a duplicate and triplicate copy of the entry in the register, these copies to be headed with the word "receipt," and will instruct the applicant to take his application along with these copies to the district nazir. The district nazir will receive the deposit and give the necessary receipt on one of the forms to the applicant. He will also sign the other form and return it at the close of the day to the Reader to the Officer-in-Charge of the Nazarat. If the sum involved exceeds Rs. 500 in amount, then he shall obtain the signature of the officer-in-charge of the nazarat on both the forms. On receipt of the money the nazir will also enter the transaction in his register of receipts of deposits. At the close of each day the officer-in-charge will compare the entries in the court's register of applications with those in his register of applications to make revenue deposits and with the copy of receipt received from the nazir, and will then sign in the district nazir's register in token of correctness. He will then return the original applications to the courts concerned, and entries of the return of the applications should be made in the registers of these courts. These instructions do not absolve the officer-in-charge from initialling each entry in the district nazir's register of receipts when the receipt is issued. The officer-in-charge besides checking particular items should also check the total of the amount with district nazir at the close of each day.
The above rules apply mutatis mutandis to those revenue courts which maintain accounts according to the procedure prescribed in rule 12.13 of the Punjab Financial Rules, Volume I.
10.30 Refund voucher for revenue deposits.-
In many districts it is the practice for refund vouchers of revenue deposits and of sums awarded as compensation in criminal cases to be prepared by the district or civil nazir. The reason for this is that the court concerned has no record of the number of the original deposit, and so is unable to prepare the refund voucher. In future the district nazir will have no concern with such repayments and in order to enable the courts to prepare their own repayment orders, and at the same time to check payments into the treasury, the following procedure is prescribed.
10.31. Method of making payments.-
The nazir when paying revenue deposits into the treasury will prepare a challan giving the number in his register and the date of payment into the treasury. The treasury receipt will be sent to the court concerned, its number and date being first entered in column 8 of the nazir's deposit register, in addition to the treasurer's signature. In the case of revenue deposits the court will attach it to the file. When application is made for a refund, the necessary voucher will be prepared without further reference to the nazir.
10.32 Repayment of miscellaneous deposits.
For miscellaneous receipts liable to repayment, as for instance, receipts of money due to the heirs of deceased sepoys - it may be convenient to utilise the nazir as the agent of repayment. Columns for the purpose have, therefore, been included in the deposit register. Ordinarily, the money will be in deposit in the Bank and the nazir's duty will be confined to preparing the refund voucher, and putting it up for signature before the Deputy Commissioner, or some other gazetted officer, in whose presence the voucher will be handed to the payee. If however, a payee is present in person before the money is deposited in the Bank, he will be paid in cash on the order, and in the presence of the sanctioning officer. The repayment columns will be blank for all items for which no refund voucher is prepared by the nazir.
10.33 The Deposit cash book.-
The receipts shown in the deposit cash book (N-4) will be the daily total of receipts as entered in the deposit register. The disbursement will be the daily total of payments, and as the nazir will rarely make payments in cash except into the Bank through treasury, this total will usually be the sum of the payments vouched for by Treasury bills and Bank receipts. The balance will be the amount which the nazir either could not, or would not, pay into the Bank. A list of the items of which it is made up must be given, so that the officer-in-charge can tell at a glance whether the nazir is retaining money without sufficient cause and using it to supplement his contingent advance instead of promptly preparing contingent bills.
10.34 Sale-proceeds of unclaimed property and recoveries in pauper suits.
For sale-proceeds of unclaimed and escheated property and for recoveries in pauper suits, the nazir has separate registers in which detailed information is entered regarding each case, but any money received on these accounts should be entered in the deposit register and cash book and the Treasury challan and Bank receipt attached in the former. No detailed entries are required, but a reference should be given to the original register containing the details. Similarly, with regard to other receipts of a special character the fact that the nazir maintains a separate register will not relieve him of the necessity of entering in his deposit register each receipt of money due to Government as it is received. It is only by insisting on this rule that a satisfactory check can be kept on the nazir's work.
III - THE NAZIR'S STOREROOM AND STORE REGISTER
10.35 The rules framed by the High Court for dealing with property made over to the nazir are contained in chapter 10-A of the High Court Rules and Orders, Volume IV, and are here reproduced for facility of reference:-
I. All property made over to the nazir, under the rules contained in Chapter 11-D of Volume III of the Rules and Orders, or otherwise under the orders of a judicial officer acting as such, shall, after each article has been entered in register J. be kept in such place as may be appointed by the head of the office concerned in consultation with the police authorities.
II. One register in two volumes shall be maintained in each office for both the civil and criminal departments, the first volume for articles which have been forfeited and the second for article which have been made over to the nazir pending the decision of a case. If it is subsequently decided that an article entered in the second volume should be forfeited, it should be entered in the first volume. Columns 1 to 5 of this register shall be filled up on receipt of the property. When the property is received from the police the number given to the deposit in column 1 shall be entered by the nazir in the police register in which he acknowledges the receipt of the property. When the property is received otherwise than through the police, the number given to the deposit in column 1 shall be noted by the nazir on the record of the proceedings ordering the property to be made over to him. To ensure due compliance with these instructions the police registers should occasionally be compared with the police registers should occasionally be compared with the nazir's register, and record keeper should be instructed not to receive into their record-rooms any records in which property appears to have been made over the nazir, otherwise than through the police, unless the acknowledgement of the nazir and the number given to the deposit in his register have been duly entered on the record.
III. Columns 6 to 8 of the Register will be filled up when the property is disposed of. If the property is disposed of by delivery to a private person, the delivery shall always take place in the presence of the officer ordering the delivery and be attested by his initials in column 6. In case in which the sale-proceeds of property or the property itself, where it consists of cash, are paid into the treasury, the date of payment and number of the treasury receipt shall be entered in column 8, in addition to the treasurer's signature; and when items pertaining to several cases are acknowledged in one receipt, the register numbers of the different cases and the amount paid in each shall be endorsed on the treasury receipt.
IV. The Nazir's store-room and Register J shall always be placed under the special supervision of an officer of the headquarters staff, who shall examine and countersign the register at least once a month, and inspect the contents of the store-room at least once in 6 months. The District Nazir shall be responsible under the officer-in-charge for the disposal of such property and he will prepare the monthly statement of sale-proceeds of un-claimed and escheated property credited into the Treasury for submission to the Accountant-General. The office copy of the statement will be used for the purpose of checking the treasury credits and a reference to the number of the entry in Register J should, therefore, be made in the last column of the office copy. The officer-in-charge should, when signing the monthly statement after verification by the Treasury compare the entries in the office copy with those in the Register J and initial in column 6 of the Register all entries of sale of unclaimed property brought to account in the monthly statement and also all orders of competent authority to destroy such property. Papers relating to orders authorising destruction or those relating to sale fetching less than Re 1 should be kept by the Nazir in quarterly files till the accounts have been audited when those with regard to which no objection has been raised may be destroyed and the others kept pending till the next audit. The rest should be arranged in monthly files and sent to the record-room.
Note1 :- The officer-in-charge at the time of the six monthly inspection, required by this rule, should report to the District Magistrate the total value of the property lying with the nazir and the District Magistrate should satisfy himself that proper steps have been taken to return the articles of private property to their owners and to dispose of unclaimed property by auction.
Note 2 :- To safeguard against any loss of property the personal control of the Nazarat Officer over the store room is imperative and should be exercised by keeping the store room like the District Armoury under double lock, one key of which should remain with the District Nazir and the other with the Nazarat Officer.
V. The papers relating to the disposal of property forfeited in judicial cases are included in the proceedings in which the order of forfeiture is given. Each court shall send to the nazir a monthly statement of such realisations. From these statements the nazir will compile the district statement, but the comparison of entries in the office copy with those in register J and the initialling of entries in column 6 of the register J shall be the duty of the court dealing with the proceedings for forfeiture.
VI. In the event of an order of forfeiture of the earnest money mentioned in Order XXI, rule 84, Civil Procedure Code, becoming necessary under the operation of Order XXI, rule 85, the presiding officer of the court ordering the sale and subsequent forfeiture shall prepare for submission to the Accountant-General, according to the present procedure for the preparation and submission of the monthly statement of realisation of fine by each court at the beginning of the month next following that in which the forfeiture occurred a statement of the sum credited to Government under the provisions of Order XXI, Rule 86, and such presiding officer will be responsible that the legitimate "expenses of the sale" only have been deducted from the amount deposited. The treasury receipt for the amount actually credited to Government shall remain in the record of proceedings, and record-keepers shall not receive into the record office any record which is not accompanied by such receipts.
VII. Sums realised under forfeited security and bail-bonds shall be entered in the register of fine realisations (Criminal Register No. XVIII), maintained by district fine moharrir for all courts in the district. Each court shall, at the beginning of every month, prepare for submission to the Accountant-General, according to the present procedure for the preparation and submission of the monthly statement of realisations of fines by each court, a list of all sums so realised by it during the month preceding.
Note:- The statement mentioned in rule VI and the list in rule VII will be separate from each other and from the monthly statement of fines realised sent to the Accountant-General in accordance with paragraph 20(1) of Chapter No. 26 "Realization of Fines" in Volume III of the Rules and orders.
10.36 Malkhana rules.-The following supplementary rules relating to arms, ammunition, etc, are also reproduced for facility of reference:-
1. A separate room in every district malkhana shall, if possible, be set apart for the deposit of arms, ammunition and military stores. Where such a separate room is used: it shall be kept under double lock, one key being retained by the officer of the headquarter staff responsible for the supervision of the malkhana, who is referred to in these rules as the Nazarat Officer and the other by the district nazir.
2. The Nazarat Officer shall be generally responsible for the supervision and disposal of arms, ammunition and Military Stores deposited in malkhana. He shall compare the arms, ammunition and military stores in stock in the malkhana with the register prescribed by rule 3 once a month and shall submit a report of this inspection to the District Magistrate by the 10th of each month.
3. Subject to the control of Nazarat Officer, the district nazir, and not any of his assistants, shall be held personally responsible for the proper receipt, safe custody and disposal of all arms, ammunition and military stores.
4. Particulars of all arms and ammunition or military stores received in the malkhana shall at once be entered in a register to be kept for this purpose in addition to the ordinary register in form J. in form N-29, appended to these rules. On the receipt of any arms, ammunition or military stores, columns 1 to 13 shall forthwith be filled up, and the register shall then be submitted to the Nazarat Officer who after satisfying himself as to the accuracy of the entries, shall place his initials in column 14.
5. Arms, ammunition and military stores which have been deposited in the malkhana and have not been forfeited to Government, shall be returned to the persons entitled to possess them in cases in which the deposit was made by a court, under the orders in writing of that court, and in other cases under the orders in writing of the Nazarat Officer. The return of all arms, ammunition and military stores, under this rule shall take place in the presence of a gazetted officer who shall be responsible for seeing that the relevant columns of the register are filed up.
6. All arms, ammunition and military stores forfeited to Government by order of a court and deposited in the malkhana can be utilised by the police or any other Government department. These may be retained and brought into use with the sanction of the State Government. The District Magistrate should refer for orders any case in which it appears that it would be to the advantage of Government that the arms, ammunition or stores should be retained.
7. The officer of the headquarters staff, who, under orders of the District Magistrate, deals in the first instance with questions relating to the administration of the Indian Arms Act, 1878, and of the rules thereunder, shall be informed of the sale of all arms, ammunition and military stores and shall be furnished with a full description of the articles sold and with information as to the address of the purchaser.
8. All arms, ammunition and military stores not retained under rule 6 above and also those which have been ordered by a court to be destroyed, shall be disposed of in the following manner:-
(a) All revolvers and pistols of whatever bore and all rifles and ammunition of prohibited bores, shall be sent to the nearest arsenal for disposal.
(b) Arms, ammunition and stores other than those described under(a) above may be sold to licensed dealers or other persons entitled to possess them.
(c ) Arms not disposed of under (b) above shall be broken up locally and the materials sold unless they are riffled fire-arms or rifle barrels in which case they should be sent to the nearest arsenal to be broken up. Ammunition and stores not disposed of under (b) shall be destroyed.
Arms and ammunition sent to the arsenal under this rule shall be despatched under proper precautions. Care should be taken that ammunition is packed separately and that arms are unloaded before despatch to ordnance establishments. The Nazarat Officer shall also advise the arsenal office concerned of the despatch of such arms, etc., and shall personally supervise their despatch. The consignment should be accompanied by a voucher in form I-A.F.Z. 2096 copies of which can be had on application to the nearest Indian Army Ordnance Corps establishment. After the consignment has been actually despatched he should inform the District Magistrate and then obtain an acknowledgement from the officer-in-charge of the arsenal concerned of the receipt of the arms and ammunition sent to him and submit it for the information of the District Magistrate. As arms and ammunition sent to arsenal are not destroyed at once, the Nazarat Officer should after waiting for some time obtain a certificate from the arsenal officer to the effect that the arms and ammunition sent have been either destroyed or taken into ordnance stock. The matter should not be regarded as closed until the required certificate is ultimately received.
When the procedure prescribed by this rule has been completed, the relevant columns of the register shall be filled up. It is of great importance that the number of articles awaiting disposal under this rule should not be allowed to become excessive. Articles, the destruction of which has been ordered should be kept as far as possible separate from the remainder of the arms and ammunition and military stores in the malkhana and should be despatched to the arsenal or destroyed locally, as the case may be, at least once every six months. A simple register of such articles should be kept in form N-30 appended to these rules.
9. The register mentioned in rule 4 shall be an annual register. At the beginning of each year a new register shall be opened on to which all arms, ammunition and military stores lying in the malkhana shall be brought before the 10th of January. The Nazarat Officer shall be personally responsible for seeing that all arms, ammunition and military stores not shown as disposed of in the previous year's register are in the malkhana, and he shall at once report if there is any deficiency. The District Magistrate shall during the month of January check the entries in the register with the arms in the malkhana, and, in order to satisfy himself that the register has been properly prepared, he shall examine a sufficient number of entries in the previous year's register. He shall specially arrange for the disposal of arms liable to sale or destruction if their number is excessive.
10.37 Form N-6 is prescribed for labels which should be attached to property received. These should be on white paper for property confiscated, yellow for unclaimed and blue for attached.
10.38 Elimination of articles of small value.
The Nazarat Officer should take steps to have destroyed or sold, under the orders of the officials or courts concerned, articles of the little value which have been in the store room since his last visit.
10.39 Property sent in by the police.
Property sent in by the police to the nazir should be always sent under the order of a magistrate. Magistrate should exercise discretion in committing articles of little value to the nazir. Where there is no special reason for their preservation and they would on sale not realise more than nominal amount, magistrate should pass orders at once for their destruction. Similarly, Station House Officers should not forward to headquarters unclaimed property of insignificant value, but should obtain orders for its destruction. If the property consists of jewellery, dangerous drugs or other valuable articles, it should be contained in a sealed package and the weight should be noted on the package, in the register and on each receipt, together with a statement as to the condition of the package.
10.40 Disposal of sale-proceeds of property.
When property is ordered to be sold the nazir will auction it, and will treat the sale-proceeds as a receipt to be entered forthwith in his deposit register. In column 8 of register J, the amount of sale-proceeds and the serial number in the deposit register will be noted. It is the usual practice for nazirs to retain in their own hands the sale-proceeds of auctioned property until final sanction to the auction is received. Such sanction is very rarely withheld, and in the exceptional cases where this occurs the money if already paid into the treasury could be withdrawn on a refund voucher. There is, therefore, no reason why in the case of the sale-proceeds of auctions, the nazir should not observe the general rule that money received on account of Government should be paid into the Bank through treasury at the earliest moment. As laid down in rule III under paragraph 10.35 the date of payment and number of the receipts shall be entered in column 8 in addition to the treasurer's signature, and the receipt will be sent to the officer or court concerned with the nazir's report asking for final sanction to the auction. This sanction should not be given unless the receipt is attached. Entry will also be made in the deposit register.
10.41 Supply of forms
The forms given in Appendices I and II of this Chapter should be obtained on indent from the Controller, Printing and Stationery, Punjab. Register J is a judicial form (High Court Rules and Orders, Volume IV, chapter 24).
10.42. The following additional forms which it is not necessary to reproduce here have been standardised and may be obtained on indent from the Controller, Printing and Stationery, Punjab: -
|N-12||Pauper suits note book|
|N-15||Notice of unclaimed property|
|N-17||Nazir's receipt form|
|N-19||Register of forfeited arms|
|N-20||Register of licenses granted under the Arms Act.|
|N-21||Parwana to the police of arms licenses issued|
|N-25||List of auction bids|
|N-26||Register of orders received from other districts.|
|N-27||Register of service labels.|
|N-28||Register of distribution of forms.|
Note : Form N-12 is in English. The rest are in vernacular.
Forms N-1 to N-9 and N29, N-30 & N-31 are contained in Appendix-II.
Inventory of Government property.
10.43 The orders of Government on this subject should be referred to and complied with. They are contained in :-
(1) Financial Secretary's endorsement No. 28087 (Fin. Genl.), dated the 4th October, 1930.
(2) Financial Secretary's letter No. 11431 (Fin. Genl. ), dated Ist April, 1931.
to all Heads of Departments.
APPENDIX - I
KUTCHERY COMPOUND FUND RULES
1. These rules may be called the Kutchery Compound Fund Rules, 1937.
2. The fund comprises the income realised by the Deputy Commissioner of each district on account of the conveniences provided in the compounds of district courts and tahsils, in the shape of -
(i) fees for the sale of printed forms and rent for occupation of space by petition writers and typists;
(ii) the Licence fee for wooden platform Rs. 15/-per month.
(iii) the Licence fee for wooden cabins- Rs. 30/-per month.
(iv) the Licence fee for wooden cabins- Rs. 60/-per month.
for photostat machines.
(v) the leasing of confectioners' shops, Bicycle/Scooter/Motor Cycle and culturable areas of the compound, etc."
(vi) The revised rates shall take effect from 1-4-1985. ( vide No.61/2/18-RE-II(VI)-1604, dated 12th February,1985).
3. In March, every year, on a date to be fixed by the Deputy Commissioner and previously notified, the lease of culturable areas as well as the lease for the sale of printed forms shall be auctioned, by an officer not below the rank of an Extra Assistant Commissioner, for a period of one year with effect from the Ist April next.
The lease of the Kutchery compound shops shall be auctioned in the month of March, when required upto a period of two years. This lease can be extended with the prior approval of the Financial Commissioner, Revenue, for a further period of one year on existing conditions, in case of satisfactory service by the lessee.
4. The lessee or lessees in the case of the Confectioners' or any other shops shall be required to undertake the lease on the conditions prescribed in the form of agreement appended (Form K.F.I.). The form shall be amended keeping in view the situation/character of the premises leased out.
Similarly the person or persons securing the contract for the sale of printed forms shall be required to execute a lease deed in Form K.F. 6.
* Substituted - vide F.C. Punjab Notification No. Comp. I/O.S.D.-82/6239 dated 9.5.1982.
The deeds executed by the lessees shall be kept by the office Superintendent in his personal custody under lock and key.
5. A demand and collection account shall be maintained by the nazir for each shop and lease separately in form K.F. 2. A register in form K.F. 3 shall also be maintained by him for keeping a monthly record of expenditure. The Nazarat Officer shall inspect these accounts every month and report to the Deputy Commissioner whether progress is satisfactory or not in the recovery of lease money.
6. Deputy Commissioner will prepare the estimate of receipts under the Sub-head “068-Miscellaneous". The estimate should take into account all receipts likely to be realized from fees charged to petition writers and deed-writers, allowed to sit in the kutchery compounds, and from shop rents, etc., realised from sweetmeat vendors etc. and other miscellaneous income creditable to the kutchery fund.
Such funds are not kept separate from the general revenues of the State. The fact, that a certain district has a certain sum accumulated in its kutchery fund, does not mean that expenditure can be incurred upto that amount without sanction being obtained as required by rules. The existence of a balance in the kutchery fund only gives a district certain claim to consideration in the question of the allotment of funds.
Before any sum can be expended from the kutchery fund, budget provision should be made under the proper head, passed by the Legislative Assembly and communicated by the competent authority.
Deputy Commissioners will prepare the estimates under this sub-head. The estimates of expenditure should include provision for all existing sanctioned establishments and for such other establishments as is likely to be sanctioned by Commissioners under the power delegated to them, also for such contingent expenditure as is necessary for the proper upkeep of the kutchery compound but the total provision made in the estimates should be limited to the estimated receipts plus any balance at the credit of the kutchery fund in the proforma account maintained for the purpose. A copy of the proforma account duly verified should accompany the estimate for this head.
The two heads, under which provision can be made are 259 - Public Works and "253 - District Administration" minor head 'Other Establishments' - Conservancy of kutchery compounds.
If after considering the requirements by way of expenditure on conservancy from the kutchery fund, it is decided that there is sufficient balance to justify spending money on civil works of any kind, a provision in the budget under the head "259- Public Works" should be made. The provision for the construction and repair of roads in the kutchery compound will be made by the Public Works Department, Building and Roads Branch.
Major head "253 - District Administration" minor head 'Other Establishments' and the major head "259 - Public Works" fall under separate grants and no transfer from one to the other can be made. Therefore, Deputy Commissioner, when preparing their budget under the above two Major Heads should take these points into account and submit their budget in the manner laid down in Appendix 'G' to the Punjab Budget Manual. First Edition, 1966.
7. If the Deputy Commissioner of a district considers that the works or repairs which he wishes to carry out, will not exceed Rs. 2,500/- in each case and will fall within the description of "Petty Construction and Repairs" contemplated in Article 33 of the Accounts Code, Volume I, he can arrange to have them executed without employing the agency of the Public Works Department. In that case they can be treated as contingent expenditure and charged to head "253 - General Administration -E-District Administration - Other Establishments". The Deputy Commissioner must, however, be careful to ensure that sufficient budget provision has been made by him and passed by the Legislative Assembly to cover the expenditure, which he wishes to incur.
Whether the budget provision is made by the Deputy Commissioner under head "259- Public Works or 253-District Administration", a note should be made to the effect that the amount asked for is covered by the sums accumulated in the kutchery fund.
8. A quarterly statement in form K.F. 4 showing demand, collections made and arrears due together with the necessary explanation shall be sent by the Deputy Commissioner to the Commissioner of the division by the 15th of the month following the quarter to which it relates.
9. The proforma account in form K.F. 5 shall be sent by the Deputy Commissioner to the Commissioner to the Commissioner of the division annually by the Ist of October.
FORMS UNDER KUTCHERY
K.F.I. (Referred to in rule 4).
FORM OF AGREEMNT
I _______________, son of ______________ caste ________________________, aged ________________, resident of ___________________, tahsil __________________, district ________________, being in full possession of my senses, hereby execute this deed of agreement in favour of the Deputy Commissioner, ________________ district, in respect of Deputy Commissioner, _______________ district, in respect of the leasing, ___________________ of _________________ shop in the kutchery compound, subject to the following terms and conditions, which shall be strictly binding upon me :-
(1) That I shall be the lessee of the above for a period of twelve months, from the Ist of April, 19____ to the 31St Government of March, 19_______
(2) That I shall deposit immediately 1/4th of Rs. _____________ the lease money, i.e. Rs.___________. The balance will be paid in nine equal monthly instalments of Rs. __________ by the 10th of each month commencing from the 10th of May, 19______.
(3) That I shall produce a surety who will execute a bond to the effect that he will be responsible to pay the lease money due to the Deputy Commissioner in case I make default in paying the same.
(4) That I shall keep, no livestock in the kutchery compound.
(5) That I shall make no additions or alternations of any sort to the premises leased to me.
(6) That I shall afford ample protection for foodstuffs and other eatables as approved by the officer-in-charge of the Kutchery compound.
(7) That in case of a breach of any of the above cited conditions on my part, the Deputy Commissioner, ____________, may direct the said lease to be cancelled without further notice, and that I shall not be entitled to claim a refund from the money deposited.
(8) That on the expiry of the term of the lease I shall vacate the premises leased to me and delivery possession thereof forthwith to the Deputy Commissioner, _________________, and no further notice of ejectment will be necessary.
In witness whereof, I ______________ subscribe my name at _______________, this ____________ day of ________________ 19 .
2. ____________ (Signature of lessee)
K.F. 2 (Referred in rule 5)
REGISTER OF RECEIPTS OF THE ______ DISTRICT IN CONNECTION WITH
KUTCHERY COMPOUND FUND
|SN||From whom recoverable||On what account : (1) Shop number or other descriptive name of the property leased, etc. (2) Number, date and substance of conditions of lease order, etc.||Recoveries due|
|Arrears carried forward from last year||Amount due for the current year||Total due|
|Number and date of instalments||Amount Recovered|
|Twelve monthly columns from April to March|
|Progressive total at the end of each month|
Balance brought forward from last year Rs.
Total receipts of the year Rs.
Total : Rs.
Deduct expenditure during the year Rs.
Closing balance per register Rs.
REGISTER OF RECEIPT OF THE DISTRICT IN CONNECTION WITH KUTCHERY COMPOUND FUND - concld.
Amount Recovered - concld.
Twelve monthly columns from April to March - concluded
|January||February||March||Total recovered during the year||Balance due at the end of year (to be carried forward)||Remarks|
Progressive total at the end of each month
K.F. 3 (REFERRED TO IN RULE 5)
Register of Expenditure of the ___________ District in connection with Kutchery Compound
|Description of work or nature of expenditure||Twelve monthly columns from April to March||Total expenditure for the year||Remarks|
K.F. 4 (Referred to in rule 8)
QUARTERLY STATEMENT SHOWING RECEIPTS TO THE KUTCHERY COMPOUND FUND
For the Quarter ending ______________________ 19
|Serial No.||Annual demand||Quarterly demand||Receipts for last quarter||Receipts for previous quarters||Total||Arrears||Remarks|
K.F. 5 (Referred to in Rule 9)
STATEMENT SHOWING INCOME AND EXPENDITURE OF THE ____________ DISTRICT IN CONNECTION WITH THE CONSERVANCY OF KUTCHERY COMPOUND FOR THE YEAR 19_____ 19 _____
|Year||Opening balance||Receipts||Total||Charges||Closing balance||Remarks|
|Accounts 19…. 19…
Sanctioned budget 19… 19…
Revised 19.. 19…
Budget 19… 19…. as proposed by Deputy Commissioner
Budget 19… 19….as proposed by Commissioner
Dated ……….. Commissioner Deputy Commissioner
the …………….. 19….. ………………. Division ………….. District.
K.F. 6 (Referred to in rule 4)
License for the sale of printed forms in the Kutchery Compound.
This license granted this _______________ day of _______________ 19 __________ by the Governor of the Punjab to __________________ son of _______________________, resident of ________________ (hereinafter called the Licensee) for the sale of printed forms used in Civil, Criminal and Revenue Courts at _________________ in the District, Punjab.
Witnesseth that the said Licensee do the hereby agree that : -
(1) I shall be the sole Licensee for selling the forms in the Kutchery premises at _______________ throughout the District, for a period of twelve months from the Ist April, 19 ______ to 31State Government March, 19_______.
(2) I shall sell forms in the Kutchery compound either personally or through my agents at places approved by the Deputy Commissioner in the Kutchery compound for the facility of the public.
(3) I shall keep sufficient stock of forms and shall sell them at the rates to be fixed for each form by the Deputy Commissioner.
(4) The privilege of sale of forms within the kutchery compound shall not include a guarantee that the courts will not accept forms purchased elsewhere and I shall make no objection in regard to the sale of forms by a pleader or his clerk to his own clients.
(5) I shall deposit immediately 1/4th of the licence fee and pay up the balance in nine equal monthly instalments which will be payable by the 10th of each month commencing from the 10th May, 19 ____.
(6) I produce my surety __________________, son of _________________ to execute this bond making himself responsible jointly with me to pay the license fee to the Deputy Commissioner in case I make default in paying the same.
(7) All the forms sold by me by my agents will bear my seal.
(8) I shall at all times have posted in a conspicuous place of vend, a sign-board bearing, in English and Punjabi characters, the name of the Licensee with the words 'Licensed Vendor of forms.'
(9) I shall not at any time offer any objection or resistance to the inspection of my registers or the examination of my stock of forms by any officer duly authorised by the Deputy Commissioner to make such inspection or examination.
(10) On the expiry of the terms of the license, I shall have no right to sell the forms in the kutchery compound and shall vacate the allotted plot of land and deliver possession thereof to the Deputy Commissioner, without notice of ejectment.
(11) The infringement of any of these conditions by me or by my agents shall render me liable to cancellation of my license. The Deputy Commissioner will be at liberty to reauction the contract for the remaining part of the year and my surety and I shall be responsible for making good the loss sustained by Government. In any case I shall not be entitled to claim any refund from the money deposited by me but shall be bound to pay the proportionate amount of the license fee calculated up to the date of the termination by cancellation or otherwise of the license by the Deputy Commissioner whose decision as regards any such termination or the rights and liabilities of the parties of the amounts payable by the licensee under this license and as regards the meaning of any of the clauses hereof,
the parties hereby agree shall be final and binding
(12) I have also understood clearly that the Deputy Commissioner will not indemnify me in any circumstances and in the knowledge of all the above conditions, execute this agreement binding me and my surety.
Signature or thumb- Signature or thumb
impression of Licensee impression of surety
Address ____________ AddRESS _____________
Witnesses No. _______ Witness No. 2 ___________
Address ____________ Address ________________
(Forms Referred in Paragraph 10.14)
FORM N -1
CONTINGENT CASH BOOK OF THE DISTRICT NAZIR_____________ DISTRICT
|Date||Opening Balance||Receipts||Daily total||Disbursements||Closing Balance||Details of closing balance, showing each with the nazir||Remarks|
|Rs. P.||Amount Rs. P.||Head of account in contingent register||Rs. P.||Amount Rs. P.||Head of account in contingent register||Rs. P.|
FORM N-2 (PARAGRAPH 10.18)
Contingent Payment Order and Voucher
PAYMENT ORDER NO.
In accordance with the order dated ……………….. relating to ………………… the sum of Rs ……………… is payable by Government. Order to draw the sum may be passed.
Dated 19 Signature of officer, with the
amount in figures.
……………………………, son of ……………………, caste …………………, resident of …………………….., do hereby declare that I have received from the district nazir Rs……………………. half of which amounts to Rs………………….. on account of …………………….
Signature of payee.
|Receipts||Payments||Repayment by means of refund vouchers|
|Serial No.||Date of receipt||From whom Received||Nature of receipt||Amount||Daily total carried to cash book||Date||To whom paid, with No. and date of treasury challans and bank receipt||Amount`||Daily total carried to cash book||Date and number of refund voucher||To whom voucher is given||Amount||Initial of officer before whom voucher is given||Remarks|
Deposit Cash Book of the Nazir, district
|Date||Opening balance||Receipts||Daily total||Closing balance||Details of closing balance showing the amount and nature of each item of which it is made up and the date receipt by Nazir|
Account of sums realised and credited to Government on account of sale-proceeds of unclaimed and escheated property in district of _______________ during the month of ___________ 19.
|Date of payment into treasury||Name of court by which realised||No. of entry in nazir's deposit register||No. of entry of register||Amount Realised||Particulars of refund for use in Accountant-General's Office||Remarks|
|Date||No. of voucher||Amount Refunded|
Certified that I have compared the entries in this statement with those referred to in columns 3 and 4 and that they are correct.
Certified that I have compared the above entries with these in the treasury accounts and that they agree.
Forwarded to the Accountant-General, Punjab Sd.
Store Room Labels
1. Number in Nazir's malkhana (store room ) register.
2. Date of receipt into the malkhana (store room).
3. Name of plaintiff or complainant.
4. Name of defendant or accused.
5. Offence, section of claim.
6. Object for which property was received into the store room.
Goshwara of contingent expenditure from in the court of
|Serial No.||Date of payment||Nature of expenditure||Amount||Total||Remarks|
Certified that the amounts specified above have been distributed.
Dated 19 (sd.)
Accounts have been checked and found correct except for items Nos.
amounting to Rs.
Orders may be passed for drawing Rs.. for contingencies
Dated 19. Nazir
Pay Rs. and debit to
The items mentioned below contained in the goshwara, dated, 19 .of contingent expenditure from to has remained unpaid on account of the objections recorded against each. Return with explanation in the right-hand column.
Serial No. Explanation
Date of payment
Nature of expenditure
Register of tahsil/sub-division contingencies
|Serial No.||Date||Detail||Amount||Serial No.||Date||detail||Amount||Daily balance||Date of submission of bill||Dte of receipt of payment from Sadr||Remarks|
(See rule 4 in Paragraph 10.36)
Register showing arms, ammunition in the malkhana at ___________
|Serial No.||Date of receipt||Class of weapon||Number of weapon||Class and number ammunition||From whom received||Under whose orders received||Name and address of owner, where known||From what object received||Date on which liable to forfeiture||Date on which liable to destruction||Initials of receiving officer|
|Initials of Nazarat Officer||Signature of despatcher||Signature of receiver, date of receipt at arsenal||Initials of nazarat or gazetted officer in whose presence arms were returned to owner||Sale price, with No. of challan and date of deposit in treasury||Remarks|
|Despatch to arsenal||District Magistrate's sanction to sale, and actual sale||Destruction||Restoration to owner|
* For forms N-10 to N-28, see para 10.42
FORM NO. N-30
(See rule 8 in Paragraph 10.36)
Register of Arms, ammunition, the destruction of which has been ordered
|Serial No.||Reference to the serial number in the register in form J||Description of article||Date of despatch to arsenal||Date of destruction||Initials of Nazarat Officer|
(See Paragraph 10.10)
(Form of register of road and diet money of witnesses to be maintained in each court)
|Serial No.||Date||Particulars of the case||Railway Fare||Journey by Road||Diet Money||Total Amount Paid||Initials of the Magistrate||Initials of the magistrate in totken of having compared it at least once a week with the Nazarat register||Remarks|
|From to and back||Amount||From to and Back||Amount||Number of days||Daily rate||Amount|
Register of property received into the Nazir's Store room
|Serial No.||Date of receipt by Nazir||Nature of civil or criminal cases in which received||Detail of the property received||For what purpose received||How each article of property has been disposed of and date||By whose order disposed of||Signature of receiver of property||Remarks|
SUGGESTIONS FOR ECONOMY
It is impossible to secure economy in contingent expenditure unless the progress of expenditure is watched and this cannot be done unless the register are kept carefully and in some detail. It is in the first place necessary to divide the allotment between the various sub-heads so that progress of expenditure under each sub-head may be watched. For this purpose it is necessary to have progressive totals of expenditure under each sub-head and to distribute the totals of work bills under the various sub-heads. Also entries in the register must be in sufficient details to enable the nature of the expenditure to be identified.
11.2 The contingent expenditure should be, and is normally, under the charge of an officer. He should not be the Treasury Officer whose duty it is to scrutinise the contingent expenditure from the accounts point of view, and the Deputy Commissioner should not fail to interest himself in the matter. He should periodically see the progress of expenditure and in particular he should not miss seeing the registers in the first week of October and January.
11.3 Hot and cold weather charges. (a) Hot weather charges - A great deal of unnecessary expenditure is caused by clerks omitting to switch off the lights and fans when not in use. There should be an officer, whether appointed for the week or longer periods whose duty it would be to see that the regulations are observed. The punishment of depriving a room, where power is wasted, of the use of fans for a short period might be salutary. The practice of keeping fans going longer than it is necessary by the clerks who prefer staying in office to returning to their houses should be guarded against. The same should apply to room coolers or any other services to ward off heat. There are special orders of Government about khas khas tatties which should be referred to.
(b) Cold weather charges - Before the cold weather the Deputy Commissioner should consider the amount of fuel required and invite tenders for it. A stock register should be maintained and a responsible official should be in charge of the distribution. It should be borne in mind that charcoal is an expensive way of heating the rooms and in particularly likely to be stolen : also that mixed fires of wood and coal are particularly expensive. Coal and coke are probably the cheapest ways of heating the rooms. The Government instructions for its distribution to the staff should be strictly complied with.
11.4 Purchase and repair of furniture
Some check should be placed on this by maintaining property the prescribed register for furniture : also a great deal of expenditure on repairs and replacement will be saved if early attention is paid to the need of petty repairs. The officer should make a point on his inspection of the rooms of seeing whether any petty repairs are required. This incidentally will prevent court rooms presenting the slovenly appearance which is so often a discredit to the administration. Spilling of ink by ahlmads on carpets should be prevented by a warning that persistent damage of this kind will result in the offenders being required to replace the damaged articles. Similarly spilling of ink by officials on walls, tables or any other furniture should be prevented. When new articles are required the Deputy Commissioner should themselves take interest in their quality and price.
11.5 Tour charges. These consist of members of petty details which are very difficult to check in themselves and therefore required special attention of the Deputy Commissioner, who should from time to time check the amounts of the bills sent in by officers with the number of days on tour. The Travelling Allowance Rules contained in C.S.R. Volume IIII should be observed strictly for undertaking travel and charging travelling allowance for tours.
11.6 Carriage of stationery. Care should be taken that the Stationery is despatched by the Controller Printing and Stationery, Punjab by goods and not by passenger train or by goods carrier.
11.7 Administration of Justice
The schedule rates of diet money and travelling allowance should be those laid down by the High Court and not others, and the work of magistrates in assigning witnesses to various classes should be from time to time supervised. It should be seen whether the magistrate has been causing expense to Government as well as trouble to the public by detaining witnesses for more than one day.
Care should be exercised in condemning or in replacing after condemnation tents out of which use may still be got.
The Deputy Commissioner should ensure that the telephones are not misused and serve the purpose well for which these have been installed. Where telephones exist, these would be provided at the residence of the Deputy Commissioner as well as in his office although the extension would be provided in the Superintendent's room in the office. Apart from this the telephone facilities would be provided to other important officers viz Additional Deputy Commissioner, General Assistant, District Officers Removal of Grievances etc.
11.10. Illegitimate charges. Generally speaking, care should be taken that allowances and other illegitimate charges are not concealed under contingencies. Examples of such are allowances to peons for dusting rooms and purchase of uniform additional to that laid down in the rules.
Great care should be exercised in the direction of economy. The use of economy slips on envelopes should be rigorously enforced. Letters are typed on foolscap sheets when half size will suffice and occasionally duplicates are sent when there is clearly no question of a reference to Government being required. The Rules laid down for the purchase of stationery in the Stationery Manual should be studied carefully and scrupulously followed.
11.12 Menials paid from contingencies
Should be limited to the absolute minimum after careful consideration. Where part-time service is sufficient, whole-time man should not be employed. Any tendency to grant allowances should be discouraged.
11.13 Service Stamps
The following rules have been framed by the Finance Department for the audit and better control of expenditure on service postage labels.
RULES FOR THE AUDIT AND BETTER CONTROL OF EXPENDITURE ON SERVICE POSTAGE LABELS
PART-1 MAINTENANCE OF ACCOUNTS
11.14 (1) Every controlling of disbursing officer shall maintain an account of service stamps purchased from the treasury and of all issues made therefrom to officials entrusted with the posting and despatch of officials communications. The account shall be kept in the following form and the responsibility for its proper maintenance and the custody of stamps shall be entrusted to an official specially detailed for the purpose by the controlling or disbursing officer.
STAMP ACCOUNT OF CUSTODIAN OFFICER OF THE ______________________
|Date of receipt of stamp from treasury||Value of Stamps Received||Value of Stamps issued and to whom issued||Receipt for receiving official||Total in hand on quarter ending||Total issues during quarter ending|
(2) All issues of stamps made by the official in whose custody they remain shall be shown as received in the despatch register by the despatcher or other official who is responsible for the despatch and posting of official communications.
(3) No issue of stamps shall be made under rule 2 to any official except on a written requisition and after the official responsible for the custody of stamps has satisfied himself by reference to the despatch register that the last supply requires to be supplemented. The officials responsible for the issue of stamps shall take a receipt for all issues made by him in column 4 of the form on account prescribed in rule 1, or by a separate receipt which should be pasted in his stamp account register.
(4) Ordinarily, officials entrusted with the despatch of official letters will be entitled to draw stamps from the official custodian but the head of an office may authorise any other official to draw stamps for official use and require him to render an account to the official issuing them.
(5) The value of stamps with a despatcher shall be shown in the despatch register at the commencement of each day and the balance carried forward from day to day after deducting the total value of stamps used as shown against each cover or telegram despatched in the course of a single day.
(6) No custodian of stamps or despatcher may loan stamps for the use of another office.
PART II - DOMESTIC AUDIT
11.15 (1) The stamps account shall be audited at the end of every quarter in each financial year by a gazetted officer or other responsible official nominated by the controlling or disbursing officer.
(2) Such audit shall be carried out in the following order:-
(a) Trace all purchases of stamps in the contingent register of the office for the period under audit.
(b) See that all such purchases have been brought to account in the register prescribed by rule 1 and that the balance with the custodian is correct by actual account.
(c ) See that issues of stamps made by the custodian to the despatcher or other authorised official have been issued under proper receipt.
(d) See that such issues have been brought to account in the despatch register.
(e) Then see that all issues entered in the despatch register have been duly consumed from time to time and that the balance of stamps in hand with the despatcher is correct.
(f) Further make a 10 per cent check of daily despatches from the despatch register to see that instructions issued in this behalf are being complied with and that the rules in part IV are not being disregarded by subordinates.
(g) If the accounts of the custodian and despatcher are correct and no irregularity has been committed by the despatcher or other official,- vide clause (f) above,- a certificate of correctness should be recorded at the end of the accounts maintained by the custodian and despatcher. Should any irregularity or discrepancy be discovered, the matter should be reported separately to the controlling or disbursing officer.
PART III - WEIGHMENT OF PARCELS AND LETTERS AND USE OF THE REGISTERED POST.
11.16 (1) The despatcher should weigh every parcel and letter and then affix stamps to the required value.
(2) The registered post should be used for the transmission of -
(a) original documents of which copies cannot be obtained;
(b) confidential and secret documents;
(c ) documents which are required under rule or law to be sent by registered post;
(d) such other documents which the head of an office or other gazetted officer may require to be so sent.
PART IV - DESPATCH
11.17 (1) Urgent letters and parcels should be despatched on every working day.
(2) Other letters and parcels, the posting of which is not a matter of urgency, should be despatched on the same day or at the most the next day. When the last working day is followed by two close holidays in that case despatch should take place prior to the day of two close days.
(3) No two or more covers should be addressed to the same officer on the same day.
PART V – TELEGRAMS
11.18 (1) Except as provided for in the following rule every telegram should be authenticated by the head of the office from whom it emanates.
(2) The head of an office may authorise another officer or other responsible official to authenticate telegrams on his behalf when the issue of such telegrams has been approved.
(3) In the absence of the head of an office the next senior officer or official in charge of the office may use the telegram on behalf of his superior officer when a telegraphic communication is necessary.
"Express" telegrams should on no account be sent except in a real emergency.
(4) Care should be taken that telegrams are not issued where ordinary express letters or reminders will suffice and the responsibility for the correct use of telegrams lies entirely on the Superintendent.
PART VI - ADDITIONAL DUTY OF DESPATCHER
11.19 All registered letters, parcels and telegrams shall be entered by the despatcher in red ink in his despatch register.
11.20 Disregard of rules.
Any disregard of rules in this Chapter should be viewed as a waste of public funds and the official responsible should be dealt with accordingly.
12.1 Stamp Rules etc.
The subject has been dealt with in all its aspects in the Punjab Stamp Manual, which should be referred to on all questions relating to the subject. The important rules contained therein are :-
(1) The Punjab Stamp Indent Rules. - These contain instructions for the preparation of Indents for stamps, and should be studied carefully by the treasury and sub-treasury officers, the head treasury clerk and the treasury clerk dealing with the indents.
(2) The Punjab Stamp Despatch and Receipt Rules :- These are important rules laying down instructions for the guidance of the treasury and sub-treasury officers in the matter of despatch and receipt of stamps.
(3) The Punjab Stamp Balances Verification Rules - These rules prescribe a monthly surprise verification, by the treasury and sub-treasury officers, of the stock of stamps in single locks in treasuries and sub-treasuries, respectively.
(4) The Punjab Stamps Rules - These rules contain instructions for regulating the supply and sale of stamps. They are very important, and should be studied carefully by all concerned.
(5) The Punjab Stamp Refund, Renewal and Disposal Rules - These rules lay important responsibility on the office superintendent and the treasury officer. All officials dealing with stamp refunds and renewals should carefully study these rules.
(6) The Punjab Stamp Audit Instructions - Contain instructions for the audit and control of stamp revenue. The Superintendents Grade II and IV, the Readers and Ahlmads of revenue courts and Magistrates as well as the Registration Moharrirs should study and comply with these instructions carefully.
(7) The Punjab Stamp Losses and Defalcation Rules - When stamps are totally destroyed by fire or otherwise or are stolen or lost in transit, the instructions contained in the said Rules shall be observed.
12.2 Stamp Auditors.-
The Stamp Auditors frequently visit districts in connection with the audit and inspection of courts and offices and all difficult questions in connection with 'Stamps' should be referred to them for technical advice when necessity arises. In regard to criminal court cases under the Stamp and Court Fees Acts, it is also open to the Deputy Commissioner , if he requires legal advice, to consult the District Attorney of the district. These matters should be dealt with in the Peshi Branch through the Superintendent.
(Financial Commissioner's letter No. 1132 – St.- dated the 19th July, 1939).
12.3 Duties of Presiding officers etc. regarding court fees on claims
The question of fixing duty and personal responsibility for the levy of proper court-fees on plaints and petitions filed in courts has been considered by Government in consultation with the Honourable Judges of the High Court and sanction has been conveyed to the following principles :-
"The ministerial officer of the court concerned, i.e. the Clerk of Court in the case of District and Sessions Judges and Senior Sub-Judges, and the Reader in case of other Subordinate Judges, should be made responsible for seeing that plaints and petitions are properly stamped in all simple and undisputed cases. For failure to do so he should be personally responsible ; but in cases of doubt regarding the correctness of the court-fee due, it would be his duty to take the orders of the presiding officer. Personal responsibility should be enforced against the ministerial officer in cases which he failed to refer to the presiding officer for orders, and against the presiding officer in other cases. This should, however, be subject to the proviso that personal responsibility should only be enforced against the presiding or ministerial officer, as the case might be where obvious mistakes were made, and not in case in which a genuine doubt was possible regarding correctness of the court-fee due".
The Deputy Commissioner should impress upon the presiding officer of Subordinate Revenue Courts and Magistrates and their Readers, their personal responsibility in this matter, and they should understand that as a natural consequence all Government losses in stamp revenue will be dealt with in future with reference to their personal responsibility.
JUDICIAL CORRESPONDENCE AND RULES REGARDING TRANSMISSION OF REVENUE FILES
13.1 Receipt and Registration.-
In the matter of the receipt and despatch of correspondence pertaining to the Peshi Branch, the Ahlmad should directly receive papers of the said branch under the overall supervision of the Reader to Deputy Commissioner. Where any particular paper would have to be signed for, the signature would be that of the Ahlmad taking it. The Peshi Ahlmad would himself accept the papers dealt in his branch; all other would go to the branches dealing with those cases.
So far as the despatch of judicial correspondence from the office of Deputy Commissioner to the Tehsil is concerned, the Ahlmad should send the papers either by post or through a dak messenger by preparing the challan wherein all the papers would be entered. The dak messenger would get the signature of the official receiving it on the challan.
13.2 to 13.4 Deleted.
13.5 Transmission of files .-The rules regarding the transmission of revenue files from office to office are given below: -
(1) A despatch register should be maintained in each subordinate revenue office showing files and other papers despatched (on requisitions) to the Financial Commissioner's office. The number and year of the case noted in the precept of that office should be entered in the register, and the number in the register should be noted on the reverse of the precept, with the date of despatch of files.
(2) It occasionally happens that in transmitting files all connected files are not submitted. To ensure the despatch of all the necessary files and papers, the Reader of every subordinate revenue office should be required to attach a list (in the annexed form A) of connected files to each original file; this list should be initialled by the Reader. When a case is called for, the Record-keeper will then be able to decide at once what files it is necessary to despatch. He should be held responsible that no record of a decided case is received in his office without the list of connected files being attached, and that, when a case is called for by a superior office, all such files are despatched.
(3) Intimation should be given direct to the Secretary or Clerk of Court when one month of the receipt of files returned from the Financial Commissioners' Office, if, in any file, any papers, stamps or Court-fees are found to be missing, damaged or incomplete. Unless such intimation is given in due time, the office of the Financial Commissioners will not be held responsible.
(4) In transmitting files to the Financial Commissioners' Office, the list of the files in the annexed Form B should be submitted in duplicate. On receipt of the files in that office, an official receipt of the files in that office, an official appointed by the Clerk of Court will fill in columns 10 and 11 and return the duplicate to the office of despatch. When the files are returned by the Financial Commissioners' Office, the receiving office will fill in columns 13 and 14 in the original list and will return it to the Financial Commissioners' Office for record as an acknowledgement.
(5) Files despatched to the Financial Commissioners' Office should be packed in an inner cover of paper tied across with tape and secured in an outer cover of coarse cloth. During the rainy season wax-cloth, should if possible, be used for the outer covering. All parcels should be securely closed and sealed.
IN THE COURT OF/OFFICE OF __________ IN THE __________
DISTRICT LIST OF CONNECTED CASES PRODUCED
IN THE CASE __________ PLAINTIFF
Case No…………… of 19 ………
|Serial No.||Name of Village||Number of the connected case produced||Name of plaintiff||Name of defendant||Claim||Date of decision||Name of the Officer deciding||Signature of court reader.|
LIST OF FILES DESPATCHED FROM THE OFFICE OF _______________ TO THE OFFICE OF
____________________ IN THE CASE OF __________ VERSUS _______________
|Serial No.||Case No.||Name of Party||Nature of claim||Date of decision||Name of Court or officer who decided the case||Number of sheets in each file with or without chitha||Total value of court- fee lables in the file||Date of despatch and the initials of the despatcher||Date of receipt and the initials of the receiving official||Initials of the officials to whom the file was made over and date of receipt||Dteof return of the file to the despatch office and the initials of the officials returning the file||Date of receipt in the office from which the file had originally been sent and the initials of the receiving officials||Date of return of the list to the office from which the file had been received back||Remarks|