Updated: Wednesday December 02, 2009/AlArbia'a
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Agrahayana 11, 1931, at 04:39:42 PM
The District Office Manual (Indian)
PUNJAB
(THIRD EDITION)
1981
PREFACE (THIRD EDITION)
The
second edition of this Manual was brought out in 1942 before the partition of
the country. Many changes in the set-up of district administration have
occurred since then. In order to streamline the functioning of the district
administration, the Government had constituted a High Level Committee consisting
of Sarvshri A.L.Fletcher, ICS; M.S.Randhawa, ICS and E.N.Mangat Rai, ICS. The
committee submitted its Report to the Government in 1953 and suggested the wholesale
re-organisation of District Administration in the State of Punjab. The
Government considered this report, commonly known as ‘Fletcher Committee
Report’, and took steps to reshape the District Administration on the lines
suggested therein.
Consequently, the district
administration was overhauled. Since the second edition of this Manual had become
out-moded because of the re-organisation of the District Administration, it was
of utmost importance to revise the District Office Manual accordingly.
Effort has been made to revise the
chapters of the Manual and bring these up-to-date in accordance with the
existing system and
set-up of the District
Administration. Keeping in view the policy and instructions of the Government
issued from time to time. The views of
the Commissioners and Deputy Commissioners have also been
considered while revising this Manual. This revised edition of the Manual is
largely the handiwork of Shri Arjmand
Lal, Officer on Special Duty,
Revenue Department under the general guidance and supervision of
Shri Naranjan Singh, Joint Secretary (Revenue). Grateful thanks
are due to both these officers for rendering this valuable service.
It is hoped that this edition would
prove useful and serve as a guide to the functionaries in the district, in
running the day-to-day administration. However, suggestions will be welcome for
improvements in this Manual.
K. D. VASUDEVA,
Financial Commissioner, Revenue
Dated Chandigarh, and Secretary to Government, Punjab, the 19th September,
1981,
Revenue Department.
PREFACE (FIRST EDTION)
This manual is issued under the
orders of the Financial Commissioners as Head of the Department for the
establishments of the Commissioners and Deputy Commissioners, and takes the
place of Standing Orders Nos.5, 13,44,46,47,51,62,65and 66,which it supplements
in many particulars.
Except that for convenience the
manual reproduces the Punjab Subordinates Services Punishment and Appeal Rules
and the Classification Rules of the services concerned with a few connected
rules, no attempt has been made to reproduce orders relating to Government
servants generally for which reference must be made to the orders of Government
contained in the Consolidated Circulars of Government.
The scope of this manual is limited to that of regulating the procedure in the offices of Commissioners and Deputy Commissioners and the discipline to be exercised in them, and does not purport to be a manual of District Administration, nor does it deal with Land Revenue and Excise Establishments except to the extent that they are employed in district and tahsil offices.
The Financial Commissioners will be glade to receive suggestions for improvements in this manual.
1st September , 1934.
PREFACE (SECOND EDITION)
Correction slips to the 1st edition have been incorporated in this edition had certain paragraphs of the manual have been amended in the light of instructions issued by Government since the publication of that edition. Chapter 13 of the first edition, containing rules for the supply of copies of records under the control of Deputy Commissioners and Financial Commissioners is being issued in the form of a separate manual.
15th July , 1942
CHAPTER 1
GENERAL
ADMINISTRATION
(INSPECTION OF
COURTS AND OFFICES)
A----Introductory
Responsibility of Deputy Commissioners for efficient working of the offices and courts: -1.1. The Deputy Commissioner, as Collector and Magistrate of the district is responsible for the efficient working of all offices and courts under his charge. To discharge this responsibility, constant and regular inspections are essential. It is not necessary that the whole burden of inspection should fall upon the Deputy Commissioner himself. As will be seen in the Financial Commissioners Standing Order No.14 and 56,Tehsil and Sub- treasuries inspections can be performed on alternate occasions by Assistant Collector. Even he can direct his subordinate officers to conduct inspections of the offices on his behalf. As is laid down in paragraph 8.10 of the Punjab Land Records Manual, the District Kanungo’s Office is inspected twice a year by the Deputy Commissioner or the District Revenue Officer. It is, however, essential that once a year the Deputy Commissioner should inspect every office and court in his District, both in order to ensure the efficient and smooth working of these offices and courts and also in order that he may acquaint himself with every member of the ministerial staff under his control.
Duties of the Divisional Commissioners: -1.2. Though the responsibility for district administration will vest completely in the district officers themselves, the Commissioner will provide the agency for ensuring on behalf of Government, that the day-to-day administration in district offices is carried on efficiently and honesty, that the district officers and their staff follow the rules of conduct and work according to standards expected of them, and that officers exercising revenue and magisterial jurisdiction attend to their work regularly, punctually and properly. Each Commissioner will be responsible for making inspections of the district offices and courts within his jurisdiction. Commissioner when visiting districts in his division should satisfy himself that the Deputy Commissioner has inspected the courts and offices in his charge during the previous year, and should consider and point out special difficulty which may arise from those inspections. The adequacy of such inspections should briefly be noticed by Commissioner at the time of forwarding the annual reports on Land Revenue, Panchayati Raj Institutions and Local Bodies, etc.
Inspections: 1.2-A. Inspections are important mechanism of control over the working of the subordinate offices and officers. The object is to ensure compliance of policy of Government as contained in various instructions issued from time to time. Besides the Inspections give an opportunity to the officer conducting the same to gain first- hand knowledge of the working and problems of the subordinate officers/offices under his control. As a consequence steps can be taken to ensure that shortcomings noticed in any office are immediately removed not only in the office inspected but also in other similar offices. In view of the importance and utility of inspections, the system of periodic inspections at all levels should be enforced strictly. The roster of inspections by the Revenue Officers may be seen at Appendix ‘A’.
Officers to whom copies of inspection notes should be forwarded: 1.3. Two copies of all inspection notes, dealing with matters under the control of Financial Commissioner, Revenue and Commissioner, should be sent to the Commissioner for his information. A copy of the Inspection Note on each sadr or tahsil registration office should be sent to the Inspector-General of Registration. A covering letter should if necessary, be sent calling attention to any points of particular importance contained in the notes. The Inspecting Officer should note the result of these inspections in the minute books which are kept for the purpose in each district office and tahsil.
Inspecting Officers should have the
required number of spare copies of inspection notes prepared by their
stenographers simultaneously with the fair copy prepared for their signature.
B.
B. Matters under
the control of High Court.
Inspection of Magistrate’s courts: 1.4. The inspection by the District Magistrate of subordinate courts is a matter for regulation by High Court, and detailed instructions with regard to the inspections of magistrates’ courts will be found in the Rules and Orders of the High Court, Volume IV, Chapter VI, “Inspection of subordinate courts, civil and criminal”. In pursuance of these instructions the District Magistrate will inspect not only the courts of subordinate magistrates in tehsils and at headquarters, but also the Sub-Divisional Magistrate’s court (if any) and the District Magistrate’s court both with regard to original jurisdiction, and with regard to appeals. It does not fall within the province of the Commissioner to inspect criminal courts from the point of view of the administration of justice; but he should satisfy himself that inspections of courts are being regularly carried out. Also it is directly his duty to observe any accumulation of arrears in magistrates’ courts, and any matters that affect the peace and good Government of district; and he is also interested in matters of financial import, such as the maintenance of proper accounts of expenditure, and proper stamping of documents.
C. -
Matters under the control of the Financial Commissioners.
Tahsil and treasury inspections. 1.5. Tahsil inspections are dealt with in detail in the Punjab Land Records Manual and Financial Commissioners’ Standing Order No. 14.
Inspection of the courts of Collectors and Assistant Collectors - 1.6. The courts of the 1st Grade (District Revenue Officers and Sub-Divisional Officers), require even more careful inspection than the courts of Tahsildars, since the matters dealt with by the 1st Grade are more important than the matters dealt with by the Assistant Collector of the 2nd Grade. Special care should be taken to trace cases which have been unduly delayed.
The court of the Collector, both as regards original jurisdiction, of which there is very little, and as regards appeals should also be regularly inspected by himself as well as by the Commissioner.
District Revenue Accountant’s Office:- 1.7. The District Revenue Accountant’s Office requires special supervision in order that effective control may be exercised over demands and collections. Expenditure of all kinds is subject to audit, but the efficient scrutiny of demands and collections rests with the Deputy Commissioner. Particular attention should be paid to the running register, since every Government demand, which of the fixed rent roll, depends upon the personal supervision of the Collector, who is responsible for the proper assessment of demands and its recovery in full. All demands fixed by the competent authority should be attested by a gazetted officer in the running register, and recoveries should be carefully checked. The nazool register should be carefully checked in order to ensure that Government is receiving as large an income as possible from all Government land, and that all such demands are entered in the running register.
Court of Wards: - 1.8. Deleted.
General Record Room. : 1.9. The general record room should be inspected to ensure that the provisions prescribed have been observed and that quarterly inspections have been made by the officer-in-charge as laid down.
Copying Agency: -1.10. The copying agency should be inspected to ensure that the provisions prescribed are carefully observed, and that the officer placed in charge has exercised due control. The periodical audit by the Local Fund Auditors of the accounts does not relieve the Deputy Commissioner of his responsibility for regular inspection.
Sadr Kanungo’s Office and Revenue Record Room: - 1.11- The Sadr Kanungo’s office and the revenue record room should be inspected once a year by the Deputy Commissioner, the intervening inspections being performed by the District Revenue Officer. Full instructions with regard to this inspection are contained in paragraphs 8.15 and 8.16 of the Land Records Manual.
Treasury and treasury office and sub-treasury: -1.12 - According to the instructions issued by the Government in the Revenue Department, the Commissioner of the Division is expected to carry out inspections of Treasuries/Sub-Treasuries once in a financial year. The Deputy Commissioner is also required to inspect the Treasuries/Sub-Treasuries once a year. In addition he should conduct four surprise visits of each Treasuries/Sub Treasuries, out of which two should be paid while on tour. The S. D. O. (C) should also visit Sub-Treasuries under his charge once a year and conduct two surprise checks.
Excise Office: -1.13. Deleted.
Colony or nazul office: - 1.14. Deleted
Inspection of Work of Tahsildars Naib-Tahsildars, Kanungos and Patwaris: - 1.15 -In the course of their tours, the Deputy Commissioners should make a Special point of inspecting the records kept by Patwaris. A brief inspection of half an hour will lead to improvements in the work of many who wish to avoid having their errors brought to light and will provide material for a judgment on the work of the higher revenue staff. A cross check of the chaukidar’s register of deaths, the patwari’s diary, the khasra girdawari and the jamabandi will usually yield a valuable insight into the working of the revenue system.
Administrative Branch: - 1.16 - The General, Record and Issue branches are under the immediate control of the General Assistant to the Deputy Commissioner who is responsible to carry on the office work in these branches. Proposals from officers incharge of special departments so far as they impinge upon establishment should first be scrutinized by the General Assistant before orders are passed by the Deputy Commissioner. Special attention should be paid to confidential records kept with the Superintendent, the record system, the destructions of old records, the division of work between the various clerks and the library. The Deputy Commissioner should ensure that all the confidential files are present and have been duly entered in the confidential register. The Deputy Commissioner is the authority to order the destructions of any useless record. Attention given to this subject for a few minutes daily will be worth the trouble as confusion begets confusion for years and eventually special measures are necessary towards reconstruction of the entire records. The Deputy Commissioner will possibly find it difficult to check the division of work between clerks and the best way to do it will be by paying occasional surprise visits. The library should be inspected to ensure that the provisions prescribed are being complied with. The Superintendent is responsible for general supervision over the library and should inspect it thoroughly at least once a month and record his note in the inspection book.
Peshi Branch - 1.17 - The Peshi Branch though under the direct charge of the Superintendent (Grade IV) is under the general supervision and control of the Superintendent (Grade II), and an important matter for inspection is the connection kept up between the two offices. The office should be inspected to ensure that all the registers are properly maintained. The despatch register for correspondence should be carefully checked to ensure that papers sent out to tahsils or elsewhere are duly recorded and that if any such papers are lost the responsibility for their loss may be fixed upon some definite person. Despatch registers are important records and should be carefully preserved when no longer in current use.
“Selection of clerks on important seats should be carefully made. This applies to the officials of the courts and those working in the branches dealing with the arms licenses, registration of documents, treasury, refunds and other work involving money transactions.”
Nazarat Accounts: -1.18 - The contingent registers and voucher should be scrutinized as far as possible. Care should be taken to see that undue retention of unclaimed arms and ammunition in the malkhana does not occur. Normally, arms and ammunition for which there are no license purchasers, should be separately and carefully packed and sent without undue delay to the nearest arsenal for destruction in accordance with the rules on the subject. Arms placed in the district Malkhanas should be properly looked after and greased and should under no circumstances be left in the open.
It is extraordinary how easily extravagance can be checked by reviewing contingent vouchers.
Arms licenses and motor car licenses: - 1.19 - Special attention should be paid to the arms registers in order to ensure that suitable references are made to the Superintendent of Police where required, and that all persons, who are known to possess arms but are likely to neglect to renew their licenses, are properly dealt with. In districts where arms licenses are dealt with in the concerned Branches, this matter should receive a preliminary inspection from the Superintendent (Grade IV) but it is advisable, that the Superintendent should himself check the lists with a view to finding out possible defaulters. Prompt action should be taken on the auditors’ note on motor taxes and fees.
Panchayati Raj Institutions and Local Bodies: - 1.20 - The Offices of the Panchayati Raj Institutions and Local Bodies should be inspected once a year, more from the point of view of general administration than from the accounts view-point, which is dealt by the Examiner, Local Fund Accounts when the senior auditor make his annual inspection.
Unnecessary references and
reports: - 1.21 - Deleted.
Inspection of cemeteries:
- 1.22 - Deleted.
D. - Matters under the control of
Inspector-General of Registration.
Sadr Registration Office - 1.23 - The Sadr Registration Office should be carefully inspected with reference to the instructions contained in the Punjab Registration manual.
E-General
Katchery compound: - 1.24 - An inspection round the katchery compound with the Superintendent (Grade II) will bring to notice defect or nuisances in the katchery compound, neglect in the maintenance of buildings or execution of the yearly repairs and white-washing and requirements to ensure the comfort of pleaders and litigants.
APPENDIX A
ROSTER OF INSPECTIONS (RULE 1.2-A)
Statement showing the inspection of revenue work to be carted out by various Revenue Officers
|
Name of Revenue Officers |
Office to be inspected |
Period |
Remarks |
|
1 |
2 |
3 |
4 |
|
2.Deputy Commissioner |
1. All Branches of D.C.Office |
Once in year |
Can depute A.D.C. or other officer at headquarters to do the work; but himself must inspect once in two years |
|
|
2. Offices and courts of S.D.Os (c) |
Ditto |
Ditto |
|
|
3. Tehsil Offices /Sub- Tehsils |
|
Ditto |
|
|
4. Treasuries/Sub-Treasuries |
Twice a year |
|
|
|
5. Inspection of his own court
6. Jails}
7. Hospitals/ Dispensaries}
8. Schools}
9. Blocks
10. Police Station
11. Other offices of Punjab Government, the A.C.Rs.of whose heads of offices he is required to write
12. Surprise visits to such offices
13. Second Class Local Bodies
14. Courts of Executive Magistrates
15. Improvement Trusts
16. To carryout kurguzari partal of the performance of concerned patwaris
|
Once a year
Quarterly
At his
discretion
Once a year
At his discretion
Ditto
Ditto
Once a year
Once a year
At his discretion
Once a year |
Four surprise visits are to be paid to each Treasury/Sub-Treasury, out of which two should be paid while on tour
….
….
….
….
….
….
….
….
….
….
Generally once a year, if D.C. so likes
….
|
|
3. Sub-Divisional Officers (civil)
4.Tehsildars and Naib-Tehsildars
5.Field Kanungos |
1.Tehsil offices under their charge
2.Kanungo offices
3.Patwaris’ work
4.Courts of Assistant Collectors under his charge
5.Blocks in the Sub- Division
6.Local Bodies of Which he is Administrator or in charge
7.His own court
8.Sub- Treasuries under his charge
9.Police Stations
10.To carryout karguzari partal of the performance of at least one kanungo in the tehsil in the presence of patwaris concerned
1.Basta partal of Kanungo under their charge
2.Patwari’s work
1.To pay visit to each patwar circle once a month 2.To check and inspect work of patwaris in details once a year 3.Cent per cent checking of all the revenue work done by a patwari under his charge 4.Cent per cent inspection of girdawari work of patwaris
|
Twice a year
Once a year
At his discretion
Along with Tehsil inspections
Once a year
Once a year
Once every quarter
Once a year
Discretionary, provided authorized by the State Government on the recommendation of the District Magistrate
Once in six months i.e. twice a year
Once a year
All patwaris under his charge once a year ….
….
….
…. |
After close of each harvest
While in camp
During the period of three years all patwaris under his charge
….
….
….
….
….
….
….
While making basta partal of Kanungos work of two patwaris is also to be checked
To pay visit to all the patwaris circles once in three months
….
….
….
….
|
CHAPTER 2
ORGANIZATION OF COMMISIONERS’ AND DEPUTY COMMISSIONERS’
OFFICES
Office of Divisional Commissioner: - 2.1. The office of the Commissioner is practically a compact unit. The Superintendent Grade-I being the over all incharge of office (subject to the control of the Commissioner) is assisted by two or three Superintendents (Grade-III) on the General, Accounts and Revenue and Judicial sides, as the case may be.
Branches of Commissioner’s Office: - 2.2. The work is distributed amongst the branches in the following manner, subject to variations as the Commissioner may, in his best judgment deems fit: -
(1) (1) General Branch. –deals with cases of general nature particularly pertaining to law and order, Arms Act, collection and disbursement of funds, natural calamities, encamping grounds, political sufferers, nazool cases, recovery of land revenue, budget and development cases, etc.
(2) (2) Accounts Branch. –deals with establishment, nazarat, library, mutations, agrarian reforms, Re-organization of Districts, creation of Tehsils and Sub-Tehsils, etc.
(3) (3) Revenue and Judicial Branch. –deals with peshi work, control on vernacular record and copying agency, inspection work of subordinate offices/courts, touring of revenue officers, land administration report, etc.
Staff of Commissioners’ Office: - 2.3 - The staff employed in these branches varies according to the requirements of each office. Ordinarily a Superintendent Grade-III is placed incharge of each branch with two or three Assistants and other clerks. Some of the work of Superintendents Grade-III is passed on to the Commissioner direct whereas in other cases their work is routed through the Superintendent Grade-I. The position varies in each Division keeping the view in the workload, staff and the administrative convenience.
2.4. 2.4. The Superintendent (Grade-I) has full authority over the entire office staff subject to the control of the Commissioner. Besides, attending to the other office work, he deals particularly with the confidential and secret work, policy cases, complaints against Deputy Commissioners and annual confidential reports of I.A.S./P.C.S. officers working under the Commissioner.
2.4-A The designation of the officials who handle the work in various branches of the office of Commissioner along with their pay scales as on 1st January 1978 is given hereunder-
|
Designation of post |
Scale of pay |
Rs. |
|
1. Superintendent, Grade-I |
825-1,580. |
|
|
2.Superintendent, Grade-III |
750-1,300. |
|
|
3.Personal Assistant |
700-1,200. |
|
|
4.Assistant |
570-1,080. |
|
|
5.Senior Scale Stenographer |
570-1,080, Plus Rs.40 S.P. per month |
|
|
6.Steno-typist |
400-600, Plus Rs.25 Special Pay |
|
|
7.Clerk |
400-600. 510-800, S.G.50:50. |
|
|
8.Driver |
400-600 |
510-800, S.G. |
|
9.Daftri |
330-430, Plus special pay Rs.20. |
|
|
10.Restorer |
400-600. |
|
|
11.Record lifter |
300-430, Plus Special pay Rs.20. |
|
|
12.Jamadar |
300-430, Plus Special pay Rs.20. |
|
|
13.Peon/Cleaner/Class-IV |
300-430. |
|
DEPUTY COMMISSIONERS’ OFFICES
Preliminary
2.5. 2.5. The General Assistant to the Deputy Commissioner is incharge of and responsible to the Deputy Commissioner for the whole office. The Superintendent, Deputy Commissioner’s Office assists him in the day to-day administration.
Branches
2.6. 2.6. Branches of Deputy Commissioners’ Office,---The Deputy Commissioner’s Office is broadly divided into the following branches:-
(1) (1) Peshi Branch
(2) (2) Judicial Record Branch
(3) (3) Copying Branch
(4) (4) Revenue Accounts Branch
(5) (5) Sadr Kanungos Branch (Revenue Records Branch)
(6) (6) Registration Branch.
(7) (7) Licensing and Passport Branch.
(8) (8) Establishment Branch
(9) (9) Nazarat Branch.
(10) (10) Local Fund Branch.
(11) (11) Development Branch.
(12) (12) Miscellaneous Branch.
(13) (13) Record and Issue Branch.
(14) (14) Complaint and Inquiries Branch.
(15) (15) Election Branch
Apart from the above, the branches mentioned below are either functioning independently or are part of the main Branches as detailed bellow:--
(1) (1) Housing Branch
(2) (2) Ligh/Migh Branch
(3) (3) Dharamarth Branch
(4) (4) Nazool Branch
(5) (5) Rehabilitation Branch
(6) (6) Flood Relief Branch
(7) (7) Small Savings Branch
(8) (8) Civil Defence Branch
(9) (9) District Transport Branch
(10) (10) Land Reforms/Agrarian Branch
(11) (11) Family Planning Branch
(12) (12) Land Acquisition Branch
(13) (13) Establishment of Mandis Branch
Supervision
of Branches
2.7. 2.7. The following officers assist the Deputy Commissioner for Carrying out day-to-day work in the district in various fields. The distribution of work amongst the following officers is left to the discretion of the Deputy Commissioner: --
(1) Additional Deputy Commissioner.
(2) General Assistant.
(3) District Officer Removal of Grievances.
(4) (4) Executive Magistrate.
(5) (5) District Revenue Officer
(6) (6) District Transport Officer.
(7) District Development and Panchayat Officer.
(8) Civil Defence Officer.
(9) Urban Ceiling Officer.
Distribution
of subjects to be dealt within the various branches
2.8. 2.8. (I) Peshi branch. —The following items of work are dealt with in this Branch:-
(1) (1) Transfer applications
(2) (2) Revenue Judicial Appeals and Revisions
(3) (3) Revenue Executive Appeals and Revisions.
(4) (4) Lambardari cases.
(5) (5) Cases under the Rehabilitation Laws.
(6) (6) Criminal complaints against Police, etc.
(7) (7) Processes received from Civil Courts.
(8) (8) Other processes received for service.
(9) (9) Miscellaneous applications relating to Court cases.
(10) Other Miscellaneous applications.
(11) Appeals against acquittals.
(12) Notices under section 80 C.P.C.
(II) Judicial Branch. —The entire record of judicial cases received from the Revenue Courts indicating the files received, files issued, files received back, files destroyed, is maintained in this branch.
(III) Copying Branch. - This branch deals with supply of copies of record to the litigants and other public.
(IV) Revenue Accounts Branch. - This branches deals with the following cases: -
(1) (1) Land Acquisition cases.
(2) (2) Requisition and derequisition cases.
(3) (3) Receipt and issuance of certificates of recovery.
(4) (4) Taccavi cases
(5) (5) Cases of lease of land.
(6) (6) Periodical Statements.
(7) (7) Suspension and Remission cases and cases under the Punjab Minor Minerals Rules.
(8) (8) Maintenance of accounts of Land Revenue, Abiana and Local Rate etc.
(9) (9) Cases relating to payment of Gratuitous relief on account of national/natural calamities.
(V) Sadr Kanungos Branch (Revenue Records Branch)-In this Branch, the following items of work are dealt with: -
(1) (1) Jagir and Muafi Cases.
(2) (2) War Jagir cases.
(3) (3) Files regarding punishment, leave etc.
(4) (4) Files regarding transfers.
(5) (5) T.A. Bills of Patwaris and Kanungos.
(6) (6) Preparation of produce estimates.
(7) (7) Increment cases of establishment.
(8) (8) Periodical Statements.
(9) (9) Preparation of Pay Bills.
(10) (10) Arrear pay bills of Patwaris and Kanungos.
(11) (11) Recoupment of contingent bills.
(12) (12) Entries in Service Books.
(13) (13) Completion of Lal Kitabs and Abstract Note Books.
(14) (14) Issue of Records.
(VI) Registration Branch. –In this Branch are dealt with the following items of work: -
(1) (1) Registration of documents.
(2) (2) Deposits of Wills.
(3) (3) Supply of copies.
(4) (4) Inspections.
(5) (5) Impounding of documents.
(6) (6) Refund of stamps.
(VII) Licensing and Passport Branch. –Deals with the issuance of licenses for arms, petroleum and explosive, issuance of passports for Indo-Pak and International travelling.
(VIII) Establishment Branch-This branch deals with the pay, T.A, pension, appointment, posting, transfer, retirement and dismissal of all establishment. Preparation of Annual Financial Statements, Excesses and Surrenders, maintenance of G.P. Fund accounts etc, are also dealt with in this branch.
(IX) Nazarat Branch-Deals with the maintenance of cash and contingent accounts of the districts, stores, and stocks, custody and distribution of forms, encampment ground cases, supply contractors cases, kutchery compound cases, disbursement of pay of staff and custody and repayment of miscellaneous deposits.
(X) Local Fund Branch,-- In this branch the work relating to Local Bodies, viz, Municipal Committees, Notified Area Committees, Small Town Committees, in the district in accordance with the Punjab Municipal Act, 1911, keeping up the calendar of elections, preparations of annual returns and reports, submission of proposals and constitutional work etc. is being done.
(XI) Development Branch-This branch deals with the implementation of developmental schemes framed by the government from time to time, community projects, national extension service schemes, work under the Utilization of Waste Land Act, Five-Year Plan and Village Common Lands Act (Shamlat Lands).
(XII) Miscellaneous Branch –The following work is allocated to this branch:-
(1) (1) Requisitioning and de-requisitioning of houses.
(2) (2) Major and Minor Works.
(3) (3) Visits of V.I .P. s and reservation of Rest Houses for them.
(4) (4) Praman and Prashansa Patras.
(5) (5) Cases under the Press Act and Newspapers.
(6) (6) Cinema Licenses etc.
(7) (7) Training, Examinations and powers of officers,
(8) (8) Verification of the character of employees.
(9) (9) Appointment of Non-official visitors to Jail.
(10) (10) Issuance of Certificates to members of Scheduled Castes.
(11) (11) Grant of domicile Certificates.
(12) (12) Cases of Political Sufferers.
(13) (13) Coordination of work relating to more than one branch.
(14) (14) Cases under registration of Marriage Act.
Besides
the above, any other miscellaneous work keeping in view the requirements of the
district is being done in this branch.
(XIII) Record and Issue Branch-The receipt work is centralized in the Record and Issue Branch. On receipt of the daily dak, it is distributed amongst the branches concerned who in turn have their own receipt registers wherein they enter the daily dak. There is no centralized agency for dispatch work. It is done by each branch itself and dispatch registers for that purpose are maintained.
The type work of all branches is centralized in the Record and Issue Branch from where the work duly typed is sent to the concerned branches. The work regarding the maintenance of library and distribution of stationery is also being done by this Branch.
(XIV) Complaints and Inquiries Branch-This branch deals with the complaints received from the public in respect of their grievances in any walk of life for which a Special Officer has been appointed in each district. He not only assists the Deputy Commissioner in the removal of public grievances but also holds inquiries against public men/officials wherever these are called for.
As already stated, there are other
branches in the offices of the Deputy Commissioners which have been created by
them for running the district administration in a more convenient manner. Their
detail need not be given here because those branches are created to shed the
workload of other branches and make the disposal of cases easy. The existence
of these branches vary from district to district.
2.8-A. Peshi Branch of Additional Deputy Commissioner-This Branch deals with the following subjects:-
(1) (1) Revenue Judicial Appeals.
(2) (2) Revenue Executive Appeals.
(3) (3) Process Received from Civil Courts.
(4) (4) Other Processes received for Service.
(5) (5) Cases of Parole under the Good Conduct Prisoners (Temporary Release) Act.
(6) (6) Notices under Section 80 C.P.C.
(7) (7) Impounding of Documents.
(8) (8) Appeals under sections 72 and 73 of the registration Act.
2.9.
2.9.
Distribution of staff in various branches-No hard and fast rule for
distribution of staff amongst various branches can be laid down. The staff is
provided in each branch according to the workload involved therein. The details
of the officials who handle the work in various branches of the office of
Deputy Commissioner along with their pay scales as on 1st January, 1978 is given as follows:-
|
SN |
Designation of Post |
Scale of Pay |
|
1. 1. |
Superintendent, Grade-II |
800-1,400 |
|
2. 2. |
Superintendent, Grade-IV |
620-1,200 |
|
3. 3. |
Assistant |
570-1,080 |
|
4. 4. |
District Revenue Assistant |
570-1,080 |
|
5. 5. |
Sadar Kanungo |
570-1,080 |
|
6. 6. |
Naib Sadar Kanungo/ Office Kanungo/Peshi Kanungo |
480-880 |
|
7. 7. |
Field Kanungo |
480-880 |
|
8. 8. |
Patwari |
400-600 450-800 S.G. 20 percent |
|
9. 9. |
Clerk |
400-600 S.G.510-800 50:50 |
|
10. 10. |
Tehsil Revenue Accountant |
480-880 |
|
11. 11. |
Steno-typist |
400-600 + Special Pay Rs.25/- |
|
12. 12. |
Supervisor Horticulture |
400-600 |
|
13. 13. |
Driver |
400-600 S.G. 510-800 |
|
14. 14. |
Stenographer |
570-1,080 |
|
15. 15. |
Daftri/Usher/Jamadar/Mali etc |
300-430, plus special payRs.20/- |
|
16. 16. |
Class IV including Pujari, Mufti and Granthi, etc. |
300-430 |
|
17. 17. |
Surveyor |
570-1,080 |
|
18. 18. |
Building |
[Rs. 570-1,080 for those possessing diploma in Engineering and Rs. 570-1,000 for non-diploma holders] |
2.10 2.10 Superintendence of office - The superintendence of Deputy Commissioners’ offices, including tahsil and sub-divisional office establishment, devolves on the General Assistant to D. C., who is responsible for the discipline of the clerical and menial staff employed in all branches of the office. He also deals with posting of the staff. The officer-in-charge of the branch concerned should keep the General Assistant to D. C. informed about the work and the character of the above staff employed under them, and the latter in collaboration with officer-in-charge will deal with all matters regarding their appointment, transfer and promotion. All orders in these establishment cases will be taken by the General Assistant to D.C.
The above orders do not apply
to kanungos cases, which will be dealt by the officer-in-charge.
2.112.11 Opening of dak addressed to Deputy Commissioner - It is desirable that the Deputy Commissioner when at headquarters should open the dak addressed to him by post, but when it is not feasible for him to do so the covers addressed should be opened by the Superintendent. In no case should the opening of postal dak be left to the Assistant or other junior clerks in the office. The General Assistant to D.C should the local dak daily before registration.
2.12 Confidential Work - The confidential work of the office will
be done by the Superintendent personally, or if he is not available, by the
stenographer or any other member of the office appointed by the Deputy
Commissioner.
The confidential records of the district, other than those with the Deputy Commissioner himself , will remain in the personal custody of the Superintendent who should allow no one to have access to the confidential almirah in his charge.
When
a confidential letter is to be issued the Superintendent, unless
directed by the Deputy Commissioner to copy it himself, will have it typed and
dispatched by a responsible clerk. The Superintendent must in every case
examine the work himself. Only the work to be typed (i.e., without the main
file) should be given to the typist, and if it is not finished by the time the
office closes it should be taken back and locked for the night. Care should be
exercised in the selection of the typist to whom confidential work is
entrusted, and the typing should if possible be done in the Superintendent’s
room and under his supervision. If the stenographer is available, his services
should be utilized in typing confidential papers. The name of the typist should
invariably be noted on the manuscript or on the typed copy of the draft if the
manuscript is to be destroyed.
2.132.13 Official Information to be treated Confidential: - Official information acquired by Assistants and others in their capacity as employees of the district or the divisional office must be considered and treated as strictly confidential. No Assistant may make use of any unpublished record or letter or office note for communication to the public press or to unauthorized person, whether officials or not, without special permission. A breach of this rule is an offence punishable with two years’ imprisonment or a fine or both under section 5 of the Indian Official Secrets Act, 1923. The provisions of this Act should be brought to the notice of all concerned on first appointment.
2.142.14Office note to be treated as confidential:- Office note must be treated as strictly confidential documents and must not be removed from the office or copied or be used by any of the staff outside the office on any pretext whatever, nor should office notes be sent out of the office without the orders of the Superintendent save as provided in the rules for un-official reference.
Officials must not take office files to their houses except with the express permission of the Superintendent or the Officer-in-charge. The practice should be discouraged as far as possible.
2.152.15Caution in talking on confidential matters:- The attention of all members of the office should be drawn to the obligation to refrain from talking in ordinary society on all matters which can be termed confidential, and particularly on confidential matters of a political nature.
2.16 Admission of outsiders to the office. The general public should not be admitted to the rooms in which clerks are working. The Deputy Commissioner will endeavour to secure the best possible arrangement by which the legitimate requirements of the public may be secured for access to the officials with whom they may have to do business. No assistant or clerk in the office is, any circumstances, to give any information on any subject to any outsiders. The practice of allowing visitors, friends or relatives to see the officials on private business during the office hours should be prohibited as it tends to waste the time of the official. Suitable notice board should be put up against nuisances.
2.17 Applications for officials Information:-Superintendent should discourage the practice of government servants outside the office writing privately to them or their subordinates for information on official matters, and should, if necessary, brings such requests to their superiors notice.
This is not intended to prevent clerks calling from other offices on official business. The information to be given to them is, however, to be purely official. For instance, a clerk from one office is not entitled to receive information about a case in another office in which he or his officer may be personally interested.
2.18 2.18 Recommendations for appointments and rewards not to be divulged:- Recommendations for appointments, promotions, increases of pay and the like, when made, should not be mentioned to the parties interested. Officers should therefore be careful not merely to abstain from communicating but also to guard against the disclosure of information cases of kind, which must always be treated as confidential in public correspondence.
2.19 2.19 Punctual attendance:- The Superintendent shall see that all officials employed in various branches of the office attend punctuality and start their work at the appointed time. The attendance registered should be kept up properly and must in all cases reach the Superintendent after five minutes of the time of opening the office or court. A list of late comers should be maintained and submitted to the Deputy Commissioner monthly for disciplinary action.
The Superintendent will also see that every individual is made by the staff to cope with the daily allotment of work within the office hours, and no one ought to be allowed to remain in office for more that one hour after the close of the office, except with the special permission of the officer-in-charge of the branch concerned.
2.20 2.20 Rules to ensured safety of records, etc., in court- houses:- The following rules recommended by the Inspector-General of Police for ensuring the safety of records in court- houses and maintaining the responsibility have been approved by Government and prescribed for observance:-
Deputy Commissioner responsible that building is secured - (i) It is the duty of the Deputy Commissioner to see that the court-house is properly fitted with bolts and locks, and that they are in working order so that in the evening when the business of the day is over the whole building can be securely closed.
Note.---doors partly glazed cannot be securely fastened by the bolts ,as it is easy to break the glass and unbolt the doors. A bar should be pinned to the door post one side so as to be raised across the door when closed and padlocked on the other side.
Responsibility for closing court-house to be vested in a nominated official. (ii) The responsibility for securely closing the court-house should be vested in some official specially appointed by the Deputy Commissioner whose duty shall be , each day to see that , all the doors and windows are securely fastened and the entrance door locked from the outside.
Such officials to open the court-house and see that all is right - (iii) The court-house should be opened by the afore-mentioned official only, whose duty it shall be on opening the door to go round at once and see that all is right.
Correspondence between Deputy Commissioner and the subordinates---subordinate
officers in the same station—personal inter-communication should be adopted
instead of correspondence.
Correspondence between Deputy Commissioner and his subordinates. 2.21 - Correspondence of a formal official character between the Deputy Commissioner and any of his subordinates at headquarters is absolutely prohibited. If a subordinate officer requires an order on a particular case he should submit the file to the Deputy Commissioner, who should record his order thereon and return it. If the officer requires orders on any general or miscellaneous question not forming the subject of an official record, he should take the Deputy Commissioner’s oral orders, or if the subject is of sufficient importance, he should submit a memorandum on which the Deputy Commissioner should record his orders. When the Deputy Commissioner wishes to send an order to any subordinate at headquarters he should write the order on the file.
2.22 Subordinate officers at the same station are forbidden to correspond with each other formally. If one wants information from another , or has business to transact with him, he can settle the matter by personal interview or, if writing cannot be avoided by memorandum.
2.23 Correspondence should be reduced as much as
possible having due regard to efficiency. Much time of both officers and clerks
is wasted by unnecessary correspondence, which could be avoided by little care
and attention.
2.24 (1) It is believed that time is wasted and delay caused in the disposal of business between officers of different departments resending in the same station by excessive growth of the habit of writing letters and reminders instead of arranging personal interview with a view to the discussion and settlement of questions directly.
(2) The practice of freer and less
formal personal inter-communication between officers should be generally
adopted especially in the case of questions still in stage of discussion, and
in all minor matters which merely depend upon agreement of opinion on the part
of officers concerned, as by means of such personal interchange of opinions a
satisfactory agreement on the points at issue will in most cases be more quickly
arrived at and a final settlement accelerated.
2.25 2.25 An officer who is invited by a superior authority to submit an expression of his opinion on any subject should exercise discretion in consulting his subordinate officers, and reports should not be called for except from those officers whose advice is likely to of real value.
Contact between the District Officers and Deputy Commissioner 2.26 All the District Officers, such as, District Agricultural Officer, the District Animal Husbandry Officer, etc., should call on the Deputy Commissioner concerned, occasionally and keep in touch with their tour programme and activities so that their services may be available in times of emergencies. (Punjab Government letter No 5505-PI(S)-57/82934, dated the 18th September, 1957.)
CHAPTER
3
GENERAL
ORDERS
Rules relating to the Subordinate Services under the control
of Financial Commissioners.
3.1 3.1 Scope of Rules:- The following rules apply to the services under the overall control of the Financial Commissioner, Revenue, Punjab, and may be consulted at Annexure ‘A’:-
(a) (a) The Punjab Commissioners’ Offices (State Service Class II) Rules, 1976.
(b) (b) The Punjab Commissioners’ Offices (Class III) Service Rules, 1976
(c) (c) The Punjab District Offices (Class III) Service Rules, 1976.
(d) (d) The Punjab Land Records (State Service Class III) Rules, 1976.
(e) (e) The Punjab Kanungo (State Service Class III) Rules, 1976.
(f) (f) The Punjab Revenue Patwaris (Class III) Service Rules, 1966.
The Rules relating to the service matters of Tehsildars and Naib-Tehsildars will be found in the Punjab Tehsildars ( Class II) Service Rules, 1984 and the Punjab Naib-Tehsildars ( Class III) Service Rules, 1984 and Regulations made thereunder, respectively.
All these services are governed by the Punjab Civil Services Rules relating to the general service conditions of the employees, T.A and D.A., Pension, Gratuity etc., Punishment and Appeal Rules, Premature Retirement Rules, etc. The said rules are available in Punjab Civil Services Rules, Volumes I to III and should be consulted.
3.2 3.2 Order of dismissal, removal or reduction in rank :- Special attention is drawn to the Punjab Civil Services (Punishment and Appeal) Rules, 1970 wherein the procedure required to followed before an order of dismissal, removal or reduction passed against a member of the service, is laid down. These are appended to this Chapter at Annexure ‘B’.
3.3-----3.4 Deleted.
3.5
3.5
Recruitment to be made through S.S.S. Board.:- The demand for recruitment in the
District Offices should be referred to the Punjab Subordinate Services
Selection Board by the Deputy Commissioners.
3.6----3.8 Deleted
3.9 3.9 Applications not to be made to Financial Commissioners Direct:- Members of the service as well as candidates for Government Service must not make direct applications to the Financial Commissioner, Revenue, whether personally or in writing, as to appointments, promotions, punishments, leave or other like matters. In all such cases correspondence must pass through regular channel.
3.10 3.10 Control over immovable property held or acquired by Government Servants:- (1) Every Government servant or candidate for Government service must make to the Government, through the usual channel, a declaration of an immovable property which may from time to time be held or acquired by him or by his wife or by any member of his family living with, or in any way dependent upon him.
(2) (2) The following policy has been formulated by the Government for submission of returns of assets and liabilities by Government employees under the Punjab Government Employees (Conduct) Rules, 1966:--
A. A. (i) Every government employee shall on his first appointment to any service or post submit a return of his assets and liabilities in such form as may be prescribed by the Government giving full particulars regarding,---
(a) (a) the immovable property inherited by him or owned/acquired by him or held by him on lease or mortgage either in his own name or in the name of any other person;
(b) (b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him;
(c) (c) other movable property inherited by him or similarly owned, acquired or held by him;
(d) (d) debts and other liabilities incurred by him directly or indirectly.
(ii) (ii) where a Government employee already belonging to a service or holding a post is appointed to any other civil service or post, he shall not be required to submit a fresh return under clause (i) of sub-rule (I) of rule 18 of Punjab Government Employees (Conduct) Rules, 1966.
(iii) (iii) Every Government employee belonging to any service or holding any post in Class I or Class II shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person.
It may be seen that the submission of annual returns in respect of movable property by all the employees belonging to any Class of services has been dispensed with. As regards the submission of returns in respect of immovable property, an annual return is required in the case or Government employees belonging to Class I and Class II services only, and no such return is required in the case of Class III and Class IV employees. A fresh property return is also not required to be submitted by a government employee who is appointed to any other post or class of service. Government, however, has the power under sub-rule (4) of rule18 of the Punjab Government Employees (Conduct) Rules, 1966 to require a Government employee at any time to furnish a full and complete statement of such movable or immovable property held or acquired by him on his behalf or by any member of his family etc.
(Punjab Government letter No 13/7/78- 2PP/35251,dated 6th November, 1978.)
B Forms I—V have been prescribed for the said purpose. Form I is to be filled and furnished to prescribed authority annually by the Government employees belonging to class I and class II services, whereas the Forms ( numbered I-V) are to be furnished by all Government employees belonging to any class of service at the time of first appointment. (see Annexure C)
3.11 Character roll maintenance - The following are the rules as to the maintenance of character books for members of the service:-
(i) (i) A character roll will be maintained for every member of the service in the prescribed form and will be kept by the officer under whom he is employed; for example, those of the district establishment by the Deputy Commissioner and of the Commissioners’ establishment by the Commissioner. They will be kept under lock and key under the charge of Superintendent of the office who is personally responsible for them.
(ii)
(ii)
For writing the character roll of the member of the service, detailed
instructions have been issued by the Chief Secretary to Government, Punjab,---vide
his letter No. 2334-ASI-60/15708, dated 3rd May, 1960, followed by
modifications made from time to time
which should be strictly followed. The said instructions deal with subjects
under the following sub-heads:-
(1) (1) The need for regular and punctual recording of reports in personal file.
(2)
(2)
What the report should contain.
(3)
(3)
Report regarding integrity.
(4)
(4)
Minimum period for which a Reporting Officer should have seen the work of
its subordinate before recording remarks on him.
(5)
(5)
Recording of remarks on the occasion of relinquishment of charge by
Reporting Authority.
(6)
(6)
Issue of letters of appreciation.
(7)
(7)
Communication of adverse remarks.
(8)
(8)
Representations against adverse remarks.
(9)
(9)
Time limit for filing representations against the adverse remarks and the
authorities to whom the representations are to be addressed.
(10)
(10)
Nature of documents/communications which need and need not be placed on
personal files.
(11)
(11)
Procedure to be followed where a Reporting Authority is related to the
officer to be reported on.
(12)
(12)
Soliciting of remarks to be discouraged.
(13)
(13)
Custody of personal files and Authorities competent to convey adverse
remarks in Confidential Reports.
(14)
(14)
Index to personal files.
(15)
(15)
Summary of personal files.
3.12 Deleted.
3.13 Service books and leave accounts -
(i) The rules relating to service books
and service rolls are contained in Chapter XII of the Civil Services Rules
(Punjab), Volume I, Part I. On the admission of a person into the Government
service the greatest care should be taken to have the date of his birth
correctly recorded in his service book, and the office who attests the entries
in the book should note that he has satisfied himself, as far as possible of
the correctness of this particular entry. The Establishment Assistant under the
supervision of the Superintendent, is personally responsible for the
maintenance of Service Books and leave accounts of the entire staff including
temporary or officiating men excluding those class IV Government servants who
are serving in the Sub-Divisions. The Assistant-in-charge in the office of the
Sub-Divisional Officer is responsible for
the maintenance of service books
and leave accounts of class IV Government servants employed in the
Sub-Division. All service books should be kept under lock and key of the
Assistant concerned. The service book of the Establishment Assistant will be
kept in the custody of the Superintendent. Once a month after pay is disbursed,
the Assistant concerned should examine the service books and leave accounts of
all officials who have returned from leave during that month and bring them up
to date. For any overpayment on account of leave allowed when not due, the
Establishment Assistant and the Superintendent at headquarters and the
Assistant incharge in the Sub-Divisional Office will be held personally
responsible, if the amount paid in excess is irrecoverable.
(ii) All the service books should be entered in a register which should be maintained by the Assistant concerned which should be maintained by the Assistant concerned and submitted to the Sub-Divisional Officer/Superintendent on the 10th of each month. The Sub-Divisional Officer/Superintendent will be personally responsible for ensuring proper maintenance of service books. For the period after which service books should be destroyed (see Chapter 9 of this Manual).
3.14 Alteration in the recorded date of birth. :- The orders of Government as regards alterations in the recorded date of birth of Government servants are contained in Rule 7.3 of the Punjab Financial Rules, Volume I and can be read with benefit, as follows:-
Every person newly appointed to a service or a post under Government should at the time of appointment declare the date of his birth by the Christian era with confirmatory documentary evidence as far as possible, such as Matriculation Certificate, Municipal birth certificate and so on. If the exact date is not known an approximate date may be given. The actual date or the assumed date determined under Note I below should be recorded in the History of Service. Service Book, or any other record that may be kept in respect of the Government servant’s service under Government and once recorded, it cannot be altered except in the case of a clerical error, without the previous orders of Government.
Note 1- (a) If a Government servant is unable to state his exact date of birth but can state the year ,or year and month of birth, 1st July or the 16th of the month respectively, may be treated as the date of his birth.
(b) (b) If a Government servant is only able to state his approximate age, his date of birth may be assumed to be the corresponding date after deducting the No. of years representing his age from his date of appointment.
(c) (c) When a government servant who first entered military employ, is subsequently employed in a Civil Department the date of birth for civil employment should be the date stated by him at the time of attestation or if at the time of attestation he stated only his age, the date of birth should be deducted with reference to that age according to the method indicated in sub-para (b) above.
(d) (d) In case some change in the date of birth of an employee is proposed to be made on the basis of some evidence before the competent authority, a reasonable opportunity should be afforded to that employee to explain his position before the change is effected. A notice on the basis of principles of natural justice is required when it is proposed to deprive a Government servant of some vested rights. [Letter No. 8180-Services-2-4 (1)-68-31114, dated 9th October, 1968 of Chief Secretary to Government Punjab].
3.15. Channel of submission of applications for revision.:-Applications for the revision of all district and divisional establishments should be submitted to Government through the Financial Commissioner.
3.16
3.16
Transfer of Government officials to foreign service.:- The rules regarding
the transfer of Government officials to foreign service will be found in
Chapter X of the Civil Services Rules (Punjab), Volume I.
3.17 3.17 Leave extending date of retirement not to be granted:- As all leave due lapses on the date of compulsory retirement it follows that leave to a ministerial servant cannot be granted if it will extend beyond the date on which he may be required to retire [other than leave covered by rule 8.21 (a) of the Civil Service Rules (Punjab), Volume I, Part I]. In view of this if a ministerial servant desires to take long leave due to him and to run no risk of his leave lapsing he should take it before the age of 58 and not after.
3.18 (I) No leave, therefore, should be granted to any ministerial servant that will extend beyond the date of his attaining the age of 58, without the sanction of Government, unless permission has been granted by competent authority for him to remain in service for a further year or shorter period, in which case leave should not be granted that will extend beyond that period.
(2) (2) Whenever it is proposed to permit ministerial servant to remain in service for a further period the recommending authority should report what leave the ministerial servant proposes to take during the period. Recommendations for permitting a ministerial servant to remain in service for a further period must not be made with a view to granting him leave, but should it be necessary for the ministerial servant to take leave during such period not more than 6 months should be granted, at the end of which he will be required to retire, unless special permission is granted for his retention in service.
3.19 Competence to refuse leave :- A head of department is not competent to refuse leave when, as a result, a Government servant will be entitled to apply under rule 8.21 of the Civil Services Rules (Punjab), Volume I, Part I for leave after the date of compulsory retirement.
3.20 3.20 Date of retirement:- The date of retirement of Government employee other than a Class IV Employee is the date on which he attains the age of 58 years. Normally he must not be retained in service after attaining the age of superannuation, but in exceptional circumstances he can be allowed to continue in service with the sanction of the competent authority in public interest which must be recorded writing. For premature retirement, the Punjab Civil Services (Premature Retirement Rules, 1975), may consulted (See Annexure ‘D’)
The date of retirement of a government employee is the last date of the month in which he attains the age of 58 years or 1st of the month if he happens to have been born on the first of that month.
3.21 Test of efficiency for retention in service - In order to test the efficiency of a government servant for retention in service beyond 55 years, the Government has considered to screen his record of service so as to reach the conclusion as to whether he should be allowed to continue up to 58 years or be retired on attaining the age of 55 years. The following instructions have been issued by the Government for meticulous compliance in respect of an official attaining the age of 55 years:--
(i) Six months before a Government employee attains the age of 55 years, his record should be carefully examined by the appointing authority, and a provisional judgment formed as to whether he should be retired on attaining the age of 55 years. This decision should be made well in advance so the in the event of retirement being finally decided upon, a notice could be given to the Government employee concerned, at least 3 months before the date on which he is to attain the age of 55 years and his retirement, given effect to at that age.
(ii) When the appointing authority has reasonable cause to believe that a Government employee is lacking in integrity, it would be appropriate to consider him for premature retirement, irrespective of an assessment of ability or efficiency in work.
(iii) In a case in which a Government employee’s integrity is in doubt but his physical or mental condition is such as to make him inefficient for further service, it would be appropriate to consider him for premature retirement.
(iv) A Government employee who has been assessed as “average” should not be retired at the age of 55 years. The test whether a Government employee should be allowed to continue up to the age of 58 years should not, for obvious reasons, be as rigorous as the one applied in consideration when extension in service is allowed beyond the age of superannuation otherwise the power to grant extension would have been sufficient and there would have been no need to raise the age of retirement itself. In considering whether an officer/official falls below the average standard, the question may sometime arise as to whether he should be judged with the reference to the requirement of his substantive grade or those of the grade in which he has been officiating. It is not unusual, for instance, for a Government employee who has earned good reports in his substantive grade, to prove inadequate in his officiating grade. Ordinarily his fitness to continue in service up to the age of 58 years may be judged in relation to his substantive grade, and if he is good enough for that grade, but not for the higher grade in which he has been officiating, he may be reverted to his substantive grade but retained in service. There may be difficulties when a Government employee has been officiating in a higher grade for a long time and it appears unlikely that he would put his heart into his work after reversion. This, however, is a question on which no hard and fast rules can be laid down and each case will have to be considered on its own merits.
(v) Once
it is decided to retain Government employee beyond the age of 55 years he
should be allowed to continue up to the age of 58 without any fresh review
unless this is justified by any exceptional reasons, such as his subsequent
work or conduct or the state of his physical health, which may make earlier
retirement clearly desirable. It is felt
that in order that a Government employee who is cleared for continuance at a
stage of attaining the age of 55 years may settle down to another three years of
work with a sense of security and those working under him accept his control
and discipline without any reservation on annual review between the age of 55
years and 58 years would not be desirable. (Letter No. 4776-3GS(1)-64/15823,
dated19th/21st May, 1964, from the Chief Secretary to Government,
Punjab)
3.22 Deleted
3.23. 3.23. Options of heads of department - In accordance with the instructions of the Government the A.D. in consultation with Services Department in case of Class I employee; the Administrative Department only in case of class II employee and the appointing authority in case of class III and IV employees are competent to sanction re-employment to an official after his attaining the age of superannuation. The Commissioners, D.C.s, Director of Land Records, etc., should submit for the orders the Government, the cases of the employees covered in the above-said delegation to whom they want to give an extension in service beyond the age of 58 years. Before doing so they should ensure the following conditions laid down in para III of letters No. 727-SII-(4)-67/4841, dated the 17th February, 1967 of the Chief Secretary to Government, Punjab:--
(i) (i) No employee shall be offered re-employment beyond the date of his superannuation except when it is clearly on overriding grounds of public interest and where it is evident that other employees in service are not ripe enough to take up the appointment. However exceptional the caliber of the retiring employee may be and however meritorious his services, these by themselves shall not constitute sufficient grounds for offering him Re-employment. Re-employment shall not , therefore, be considered a reward for outstanding merit.
(ii) (ii) When the post on which the retiring employee is proposed to be re-employed is one to which recruitment is to be made through the Punjab Public Service Commission, a non-availability certificate to the effect that persons with suitable qualification and experience are not available in the open market or that it has not been possible for the Commission to arrange a substitute with the requisite qualification and/or experience, should be obtained from Commission. With a view to ensuring that bonafide efforts are made to find a suitable substitute for the person due to retire, the Commission shall be approached at least four months before the vacancy is scheduled to occur.
(iii) (iii) If the post on which the retiring employee is proposed to be re-employed is one of the recruitment to which is beyond the purview of the Commission the authority competent to make such recruitment shall record a non-availability certificate to the same effect as mentioned under (ii) above indicating clearly the efforts made, to secure the service of a substitute.
(iv) (iv) The age of the employee proposed to be reemployed must be below 60 years except in the case of Patwaris who may be re-employed up to the age of 70 years. Doctors may also be re-employed up to the age of 65 years.
(v) (v) The employee proposed to be re-employed shall have a satisfactory record of service. In particular he should have had a good reputation for integrity and honesty. For this purpose, his character roll and personal file shall be carefully scrutinized and all other relevant information that may be available shall be taken into account.
(vi) (vi) The employee proposed to be re-employed shall be physically and mentally fit. For this purpose he shall furnish a medical certificate from a Civil Surgeon.
(vii) (vii) The proposed re-employed shall not adversely affect the interests of other competent employees of comparable seniority in the department concerned.
(viii) (viii) No particular employee shall be singled out for preferential treatment in the matter of re-employment when the Department is facing a shortage of experienced hands and there is no alternative but to resort to re-employment. Everyone who attains the age of superannuation, except those who are physically or mentally unfit or possess a bad service record, shall be considered for re-employment. A policy of ‘pick and choose’ shall be avoided.
3.24 3.24 Compulsory retirement after 25 years’ service - (i) The powers to retire a Government servant compulsorily after 25 years of service are intended to be used against the official whose efficiency is impaired but against whom it is not desirable to make formal charges of inefficiency or who has ceased to be fully efficient (i.e. when a Government servant’s value is clearly incommensurate with the pay he draws) but not to such a degree as to warrant his retirement on a compassionate allowance. It is not the intention to use these powers as a financial weapon, that is to say, the powers should be used only in the case of Government servants who are considered unfit for retention on personal as opposed to financial grounds.
(ii) The above said powers are also proposed to be used in cases where reputation of corruption is clearly established even though no specific instance is likely to be proved under the Punjab Civil Services (Punishment and Appeal) Rules, Appendix 24 of Volume 1,Part 11,or the Public Service (Inquiries) Act, XXXV11 of 1850 [Letter No .8562-G-SS/16922,dated 29 the June,1955 of the Chief Secretary to Government, Punjab].
3.25 3.25 Indebtedness and insolvency - It is incumbent on the Government employee against whom any legal proceeding is instituted about the recovery of any debt due from him or for judging him as an insolvent, to forthwith report the facts of the legal proceedings to the Government . The burden of proving that indebtedness, or insolvency was the result of circumstances with which the exercise of ordinary diligence the Government employee could not have foreseen, or over which he had no control, and had not proceeded from extravagant or dissipated habits rests on the Government employee.
3.26 3.26 Unauthorised Absence - Absence without leave is an infringement of discipline, and unless a satisfactory explanation is submitted, severe notice will be taken of such absence. Leave must be applied for and sanctioned before it is taken.
3.27
3.27
Conviction of Government Officials - Whenever, a Government official is
judicially convicted or acquitted of any offence, a copy of decision should be
sent to the head of the department in which he is employed in order that such
action in the case, as may be deemed proper, may be taken at once.
3.28 3.28 Re-employment of dismissed officials - (1) Removal from office for such a cause as unfitness for the duties of the office need not usually entail any further consequence. It ought not to bar re-appointment to another office for the duties of which the person may be suited, and it should be accompanied by any subsidiary orders which would operate as such a bar or otherwise prejudice the person in question. Removal should be penalty in all cases where it is not thought necessary to bar future re-employment under Government.
(2) In cases of dismissal, the effect of the order should be preclude the dismissed officer from being re-employed. Ordinary cases of the dismissal of non-gazetted officers need not be notified in the Government Gazzette. As a precaution against the inadvartentre-employment of men who may have been dismissed, it would be sufficient that officers should whether an applicant for a post has been in Government service before, and refer to his previous employer if the circumstances connected with his discharge are not clear. The applicant should be required to produce a copy of his character certificate or other record of service, and a person who succeeds in obtaining employment by the concealment of his antecedents would obviously merit dismissal on the true facts being discovered. The sanction of the Government should always be obtained to the re-employment of persons dismissed.
(3) (3) The dismissal of public servant should be notified in the Gazette only in the following cases ,viz.(i)when it is necessary to notify the public of the removal from service of an officer, whether because his appointment was previously gazetted or from any other cause , and(ii) when it is specially desired to exclude from re-employment in service of the Government, a public servant who has been dismissed for a heinous offence, such as fraud or falsification of accounts.
(4) (4) The reasons for the dismissal of a public officer should not be stated in the notification regarding his dismissal even in cases in which a conviction has been obtained in a criminal court . It will be sufficient to announce that the Government has dispensed with his services , except in those cases in which the cause of dismissal constitutes a disqualification under terms of law regulating the tenure of a particular appointment, and it for this reason necessary to couple with the announcement of the dismissal a statement of the grounds upon which it has been ordered.
3.29 3.29 Collection of Subscriptions - Under rule 12 of the Government Servants Conduct Rules, 1966, the Punjab Government has reaffirmed its objection to the association of its officers with the raising of funds or receiving of subscriptions. The Commissioners of Divisions are accordingly required to see that officers subordinate to them avoid any action in connection with advocacy of subscriptions or collection of money except in cases of collection for the District Relief Fund. Rule 12 reads as under:--
“No Government employee shall, except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to or otherwise associates himself with the raising of any funds or other collection in cash or in kind in pursuance of any object whatsoever”.
3.30. 3.30. Procedure to be followed when any Government servant is summoned by a court to produce official documents for the purpose of giving evidence – The law relating to the production of unpublished official records as evidence in courts is contained in sections 123, 124 and 162 of the Indian Evidence Act, 1872, which are reproduced below:-
123. 123. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the Department concerned, who shall give or with hold such permission as he thinks fit.
124. 124. No public officer shall be compelled to disclose communications made to him in official confidence when he considers that the public interests would suffer by the by the disclosure.
162. A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court not with standing any objection which their may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.
(1) (1) The Court, if it sees fit, may inspect the document unless it refers to matters of State, or take over other evidence to enable it to determine on its admissibility.
If for such a purpose it is necessary to cause any document to be translated, the Court may ,if it thinks fit ,direct the translator to keep the contents secret, unless the document is to be given in evidence; and if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian Penal Code.
(2) (2) For the purposes of section 123 above, the expression “officer of the Head of the Department concerned” may be held to mean the officer who is in control of the department and in whose charge records of the department remain. Only such an officer should be treated as the authority to withhold or give the necessary permission for the production of official documents in evidence.
(3) (3) In respect of documents (1) emanating from a higher authority, i.e., the Government of India , or the State Government or which have formed the subject of correspondence with such higher authority, or(2) emanating from other Government whether foreign or members of the Commonwealth, the Head of the Department should obtain the consent of the Government of India or the State Government, as the case may be, through the usual official channels before giving permission to produce the documents in court or giving evidence based on them unless the papers are intended for publication or are of a purely formal or routine nature, when a reference to higher authority may be dispensed with.
(4) (4) In the case of documents other than those specified in paragraph (2) above, production of documents should be withheld only when the public interest would by their disclosure, be injured, or where disclosure would be injurious to national defence or to good diplomatic relations or where the practice of keeping a class of documents secret is necessary for the proper functioning of the public service. Some High Courts have pointed out the circumstances under which no such privilege should be claimed e.g., privilege is not to be claimed on the mere ground that the documents are State documents or are official or are marked confidential or if produced, would result in parliamentary discussion or public criticism or would expose want of efficiency in the administration or tend to lay a particular department of Government open to a claim for compensation . The mere fact that the head of department does not wish the documents to be produced is not an adequate justification for objecting to their production. The High Courts have also observed that refusal to produced documents relating to affairs of State implies that their production will be prejudicial to public interest. Consequently the reasons therefore should be given in an affidavit.
(5) (5) In a case of doubt the head of the department should invariably refer to higher authority for orders.
(6) (6) These instructions apply equally to cases in which Government is a party to the suit. In such cases, much will depend on the legal advice as to the value of the documents, but before they are produced in court, the considerations stated above must be borne in mind, and reference to higher authority made, when necessary.
(7) (7) The Government servant who is to attend a court as a witness with official documents should, where permission under section 123 has been withheld, be given an affidavit in form No .1, duly signed by the Head of the Department in the accompanying form. He should produce it when he is called upon to give his evidence, and should explain that he is not at liberty to produce the documents before the court or to give any evidence derived from them. He should, however, take with him the papers which he has been summoned to produce.
(8) (8) The Government servant who is summoned to produce official documents in respect of which privilege under section 124 has to be claimed will make an affidavit in the accompanying form No. II when he is not attending the court himself to give evidence, he shall have it sent to Court along with the documents. The person through whom the documents are sent to Court should submit the affidavit to the Court, when called upon to produce the documents. He should take with him the documents which he has been called upon to produce but should not hand them over to the Court unless the Court directs him to do so. They should not be shown to the opposite party.
(9) (9) The Head of the Department should abstain form entering into correspondence with the presiding officer of the court concerned in regard to the grounds on which the documents have been called for. He should obey the Court’s orders and should appear personally or arrange for the appearance of another officer in the Court concerned, with the documents and act as indicated in paragraph (7) above, and produce the necessary affidavit, if he claims privilege.
FORM I
IN THE COURT OF
Suit No___________________of 19 I,____________, hereby solemnly affirm and state as follows:-
A summons bearing No_______________, dated____________________, issued by the Court of _____________, dated__________________, in suit No. __________________of 19____(________________ vs ____________), has been received in the Department of _________on _______ 19 ___________ requiring production in the said court on _____________ 19 ______ of documents stated below. I, as head of the Department of ______________________ am in the control of, and incharge of , its records. I have carefully considered the relevant documents and have come to the conclusion that they are unpublished official records relating to affairs of State and their disclosure will be prejudicial to public interest for the following reasons:--
LIST
OF DOCUMENTS SUMMONED
I do not, therefore, give permission to anyone under section 123 of the Indian Evidence Act ,1872, to produce the said documents or to give any evidence derived there from.
Solemnly at ____________this_________day of_________________19_______
Name and designation of the Officer at the Head of the Department . SWORN BEFORE ME.
FORM OF AFFIDAVIT NO . 11
IN
THE COURT OF
SUIT / NO._______________of__________19_______.
I, *________________________________do hereby solemnly affirm and state as follows;__
A summons bearing No._____________dated___________issued by the Court of__________________in Suit No._______________of 19__________(___________________Vs_________ has been served on me on _________19__________, requiring production in the said Court on_________19______, of the documents stated below. I have carefully considered them and come to the conclusion that they contain communications made in official confidence and I consider that the public interest would suffer by their disclosure for the following reasons ;---
LIST
OFDOCUMENTS SUMMONED
I , therefore, claim privilege under section 124 of the Indian Evidence Act, 1872.
Solemnly affirmed at ____________day of__________19____________
( Here write the name and designation
of the officer making the affidavit.)
Sworn before me
3.31 Investing of complaints of corrupt conduct of officials - The Government have from time to time been taking effective steps to root out corruption from the services in order to make the administration clean and healthy. For this purpose a full-fledged Vigilance Department has been set up in the State which is looking into the complaints of corruption received against various Government officials, making enquiries and suggesting action in case of the officials having been found guilty. Instructions laying down the policy and procedure relating to the vigilance enquiries and vigilance cases have been issued by the Government . (See Annexure E).
3.31-A: Redress of public grievances.: In order to look in to the complaints and to redress the public grievances the Government have introduced a machinery which attends to this subject. The underlying idea to introduce such a machinery is to ensure that the grievances of the public at the district level are attended to promptly and effort made to redress them, there and then, as far as possible. A District Officer , Removal of Grievances of the status of an Under Secretary has been put on this job who is to work under the direct control of the Deputy Commissioner. Whatever, it is considered necessary the officer at the Secretariat level (Chief Secretary/ Administrative Secretaries) are also brought in to the picture and are apprised of the state of affairs in the district in this behalf so as to obtain guidelines in the matter of resolving the complicated issues. Whenever action against a Government official is proposed to be taken at the higher level as a result of an enquiry the concerned authorities are approached in the matter. The Government has issued detailed instructions indicating the functions of the Grievances Department, duties of the District Officer, Removal of Grievances and the appointment of Grievances Committees at the district level to redress the grievances of the public at large. (See Annexure F).
3.32 Employment of Peons.: Peons who are Government servants and wear the Government livery, are not to be employed on personal service of a menial character by the officers to whom they are attached.
3.33 Acquisition of land by Government servants: A Government employee shall report to the Government all cases of acquisition by purchase or gift of land and where necessary would obtain the prior permission of the Government for such acquisition.
3.34 Compassionate Fund.: In the event of the death of a Government employee while the service, an ex-gratia grant between Rs.10,000 to Rs.30,000 is given to the widow/dependants of the deceased Government employee. A family pension is also given in such cases. This has been done to supplement the existing provision relating to pension and gratuities. [Punjab Government F.D.Letter No.18/5/79-FR(6)/7266, dated 30th November, 1979].
3.35
}
Deleted.
3.36
}
3.37. Government official convicted on a criminal charge.: Whenever the conduct of a Government official is made the subject of judicial enquiry a copy of the decision should be sent to the Head of the Department in which he is employed in order that such action in the case as may be deemed proper may be taken at once. Even should the judicial enquiry have resulted in his acquittal in a criminal suit, or success in a civil suit, the records may furnish proof of official misconduct or negligence or improper dehaviour which, while not sufficient to justify a conviction or civil decree, may be serious enough to call for departmental punishment or dismissal from the service of Government.
All proposal regarding the promotion of or the conferment of honours upon officers of Government should be held in abeyance, in cases where enquires or proceedings whether executive or judicial, as regards the conduct of such officers are under contemplation or have been instated until such enquiries or proceedings have been completed.
The Government have laid down guidelines as to how to proceed in the case of employees convicted on the criminal charge by the court of law. Detailed instructions in this behalf are contained in the Punjab Government Letter No.86-GOI-2GS-76, dated 23rd December, 1976 issued by the Chief Secretary to Government, Punjab.
(See Annexure G).
3.38. Officials to pay for supplies : All District/Sub-Divisional/Tehsil level officers and servants of Government are strictly prohibited from taking advantage of their official position for private objects, and must purchase article for their private consumption or use in the same way as non officials. They are also prohibited from executing in their official capacity commissions of a private nature for other persons in the Sadr Station or elsewhere.
3.39. Attitude to be adopted by a government servant in a proposal of Government relating to a local body : When a proposal of Government relating to a local body or other authority whom a public servant represents in under discussion by the local body or other authority, the Government servant is not precluded from an expression of his views regarding the manner in which the proposal of Government will affect the interests of the local body or authority; but his observations should be confined to this aspect of the question and to suggestions for alternative proposals, where it is proposed to move Government to reconsider its orders and they should not include general criticisms of the policy of Government, subject to the observance of this general principle, the criticisms should be directly relevant to the interests of the body or authority whom the public servant represents, and they should be moderately worded. Where the decisions of Government are such that no question of reconsideration can arise, the Government servant should refrain from criticism of them, and any part he may take in the discussion should be confined to an expiation of the extent to which they affect the interests of the local body or other authority.
3.40
3.40
Deleted.
3.41 3.41 Time of public servant not to be given to management of his private property - It is incumbent on Government to take care that no officer who may be in possession of landed property in the State of Punjab or elsewhere, to whatever branch of the service he may belong, shall apply any portion of time and attention which ought to be devoted to his public duties, to the management of that property and that no longer or more frequent leaves of absence are not permitted on that account.
3.42 Promotion and management of Companies : According to rule 15 of the Government Employees Conduct Rules, 1966, no Government employee shall except the previous sanction of Government engage directly or indirectly in any trade or business or negotiate for or undertake any employment.
3.43 3.43 Extract from notice of officers to be sent with reports on gazetted officers who have reached the age of 55 - All recommendations submitted to Government for the retirement of Extra Assistant Commissioners or for retention of their services after the age of 55 should be accompanied by extracts regarding the work of the official in question taken from the notices of officers for the three preceding years recorded in connection with the Revenue, Civil and Criminal Justice Reports of the district. In submitting recommendations for the retention of officers, it should be specially noted whether they are decidedly fit to discharge their duties, physically and mentally, and special regard should be had to the character of each officer for integrity and honesty.
3.44 3.44 Strict integrity necessary for promotion - No promotion should be given and no recommendation for promotion made in the case of public servant who does not possess and maintain a reputation for strict integrity. Efficiency without honesty should not be regarded as constituting claim to promotion.
3.45 3.45 Communications from Government officers regarding their leave, pay, etc. Government officers are not entitled to send communications regarding their leave, pay, transfer leave, allowances, funds subscription and analogous matters at the expense of the State, as such communication are private and not official.
PUNJAB GOVERNMENT
REVENUE DEPARTMENT
Notification
The
24th June, 1976
No.G.S.R.77/Const./Art.309/76.-In exercise of the power conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for regulating the recruitment to, and conditions of service of persons appointed to the Punjab Commissioners’ Offices (State Service Class II), namely :-
GENERAL
1 (i) Short title and commencement:- These rules may be called the Punjab Commissioner’ Offices (State Service Class II) Rules, 1976.
(ii) They shall come into force on the date of their publication in the official Gazette.
2 2 Definitions :- In these rules, unless the context otherwise requires,-
(a) (a) “Commissioner” means the Commissioner of a Division;
(b) (b) “Government” means the Punjab Government in the Administrative Department;
(c) (c) “Service” means the Punjab Commissioners’ Offices (State Service Class II).
RECRUITMENT
TO POSTS
3 3 Number and Character of Posts.:- The Service shall comprise the posts shown in Appendix ‘A’ to these rules:
Provided that nothing in these rules shall affect the inherent rights of Government to make additions to or reductions in the cadre of the service or create new posts with different designations and scales of pay whether permanently or temporarily.
4 4 Appointing Authority: Appointment to the Service shall be made by the Financial Commissioner, Revenue.
5 5 Nationality, domicile and character of candidates (1) No person shall be appointed to the Service unless he is-
(a) (a) a citizen of India; or
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania(Formerly Tanganika and Zanzibar) with the intention of permanently settling in India:
Provided that a candidate belonging to categories (b), (c),(d) and (e) shall be a person in whose favour a certificate of eligibility has been given by the Government of India and if he belongs to category (e) the certificate of eligibility will be issued for a period of one year, after which such candidate will be retained in service subject to his having acquired Indian citizenship.
(2) (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commissioner concerned or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
6. Disqualification - No person : -
(a) who has entered into or contracted a marriage with a person having a spouse living, or
(b) who, having a spouse living, has entered in to or contracted a marriage with any person, shall be eligible for appointment to the Service:
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing ,exempt any person form the operation of this rule.
7. “Method of appointment – (1) Appointment to the post of Superintendent shall be made in slabs of five vacancies each as follows:-
(i) (i) The first, third and fifth vacancy shall be filled in by promotion from amongst the Superintendents Grade II of the Deputy Commissioners’ Offices having an experience of working as such for a minimum period of three years; and
(ix) (ii) the second and fourth vacancy shall be filled in by promotion from amongst the Superintendents Grade III of the Punjab Commissioners’ Offices ( State Service Class III ) having an experience of working as such for a minimum period of three years:
Provided that if no suitable candidate is available on the category in whose share the vacancy falls, a suitable candidate from the other category shall be appointed and the vacancy in the former category shall be carried forward:
Provided further that if no suitable candidate from the former category is available for promotion to the vacancy which has been carried forwarded under the preceding proviso, then appointment of a suitable candidate shall be made from the other category and there shall be no further carrying forward of that vacancy.
(2) All appointments to the service shall be made on the basis of seniority-cum-merit and no person shall have any right for promotion merely on the basis of seniority.”
8.
Deleted.
CONDITIONS
OF SERVICE
9. Probation of members of Service - (1) Members of the Service shall remain on probation for a period of one year:
Provided that-
(a) (a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;
(b) (b) in this case of an appointment by transfer, any period of work in equivalent or higher rank, prior to the appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
(c) (c) any period of officiating appointment to the Service shall be reckoned, as period spent on probation, but no person who has no officiated, shall, on the completion of the entitled to be confirmed unless he is appointed against a permanent vacancy.
(2) If, in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, it may—
(i) (i) revert him to his former post, or
(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.
(3) On the completion of the period of probation of a person the appointing authority may--
(a) (a) if his work or conduct has, in its opinion, been satisfactory—
(i) (i) confirm such person from the date of his appointment if appointed against a permanent vacancy, or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation period satisfactorily, if there is no permanent vacancy, or
(b) if his work or conduct has not been, in its opinion, satisfactory it may--
(i) (i) revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment permit; or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
10 Seniority - The inter se seniority of members shall be determine by the length of continuous service to a post in the Service:
Provided that in case of two or more members appointed on the same date their seniority shall be determined as follows:--
(a) (a) a member appointed by promotion shall be senior to a person appointed by transfer; and
(b) (b) in the case of members appointed by promotion or by transfer seniority shall be determined according to the seniority of such members in the appointment from which they were promoted or transferred; and
(c) (c) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing higher rate of pay in his previous appointment and if the rates of pay drawn are also the same then by his length of service in those appointments; and if the length of such service is also the same, an older member shall be senior to a younger member.
Notes,----1. This rule shall not apply to members appointed on purely provisional basis.
1. 1. In the case of member whose period of probation is extended under rule 9, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
11 Pay of members of Service - Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. The scale of pay at present in force in respect of specified post, is given in Appendix ‘A’ to these rules.
12 Liability of member of Service to transfer - A member of Service may be transferred by the Financial Commissioner, Revenue, from one office of the Commissioner to the other office of the Commissioner.
13 Liability to serve -(1) A member of Service shall be liable to serve at any place whether within or without the State of Punjab, on being ordered to do so by the Government.
(2) A member of the Service may also be transferred by the Government to any post, whether included in any other service or not, on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Service Rules, Volume I, Part I.
14 Leave, Pension or Other matters - In respect of leave, pension and other matters not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been, or may hereafter, be adopted or framed by competent authority under Article 309 of the Constitution of India or under any law for the time being in force made by State Legislature and the rules made thereunder.
15. Discipline, penalties and appeals - (1) In matters relating to discipline, punishment and appeals, members of the Service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules, 1970, as amended from time to time:
Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and the appellate authority shall be specified in Appendix ‘B’:
Provided that in the case of a member of the Service who was appointed to the Service by the Government at any time before the commencement of these rules and is continuing as such immediately before such commencement, the authority which shall be competent to dismiss or remove him from service shall be Government.
(2) The authority competent to pass an order under rule 15 of the said rules and the appellate authority shall be as specified in Appendix ‘C’
16. Oath of allegiance.:- Every member of the Service, unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.
17. Powers to relax - Where the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
18. Repeal and Savings - The Punjab Commissioners Subordinate Service Rules, 1941, in so far as these are applicable to the posts covered by the present rules, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.
R. S. TALWAR,
Secretary to Government, Punjab,
Revenue Department.
|
APPENDIX ‘A’ |
||||
|
SN |
Description of Posts |
Number of posts |
Total |
Scale |
|
Jullundur Patiala Ferozepur |
||||
|
1 |
Superintendent |
1 1 1 |
3 |
Rs. 825-25-850/30-1,000/40-1,200/50-1,400-60-1,580 |
|
APPENDIX ‘B’ |
||||
|
Designation Of officials |
Nature of penalty |
Punishing Authority |
Appellate Authority |
Authority empowered to
entertain revision application |
|
1 |
2 |
3 |
4 |
5 |
|
1. Superintendent |
Minor Penalties
(i)
(i)
(ii) (ii) Withholding of his promotion; (iii) (iii) Recovery from his pay of part of any pecuniary loss caused by him to the Government by negligence or breach of orders; withholding of increments of pay (iv)
(iv)
(v) (v) Reduction to a lower stage in the time-scale of pay for a specified period with further direction as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period; the reduction will or will not have the effect of postponing the future increments of his pay; (vi) (vi) Reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service. (vii) (vii) Compulsory retirement; (viii) (viii) removal from service which shall not be a disqualification for further employment under the Government. (ix) (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government. |
Commissioner
Financial Commissioner Revenue |
Financial Commissioner Revenue
Government |
Government |
|
APPENDIX ‘C’ Referred to in
rule 15 of the Punjab Civil Service (Punishment and Appeal) Rules, 1970 |
||||
|
Serial No. |
Designation Of officials |
Nature of order |
Authority
competent to pass orders |
Appellate
authority |
|
1 |
Superintendent |
(i) (i) an order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal), Rules, 1970. (ii) (ii) an order enhancing any penalty imposed under rule 15 of the Punjab Civil Services (Punishment & Appeal) Rules 1970. (iii) (iii) an order which— (a) (a) denies or varies to his dis-advantage his pay, allowance, pension or other conditions of service as regulated by rules or by agreement; (b) (b) interprets to his disadvantage the provisions of any such rule or agreement; (iv) (iv) an order— (a) (a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (b) (b) reverting him while officiating in a higher service, grade or post to a lower service, grade or post, otherwise than as a penalty; (c) (c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d) (d) determining the subsistence, and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof ; or (e) (e) determining his pay and allowances- (i) (i) for the period of suspension; or (ii) (ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service grade, post, time scale or stage in a time scale of pay to the date of his retirement or restoration to his service, grade or posts, or (f) determining whether or not the period
from the date of his suspension or from the date of his dismissal, removal,
compulsory retirement or reduction to lower service, grade, post, timescale
of pay or stage in a time scale of pay to the date of his reinstatement or
restoration to his service, grade or post shall be treated as a period spent
on duty for any purpose.
|
Commissioner |
Financial Commissioner |
Notification
The 24th June , 1976
No. G.S.R. 79/Const./Art. 309/76.-In
exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India and all other powers, enabling him in this behalf, the
Governor of Punjab is pleased to make the following rules for regulating the
recruitment, and conditions of service of persons appointed to the Punjab
Commissioners’ Offices (State Service Class III), namely:-
PART 1- General
1. 1. Short title and Commencement –(i) These rules may be called the Punjab Commissioners’ Offices (State Service Class III) Rules, 1976.
(ii)They shall come into force on the date of their publication in the official Gazette.
2. 2. Definitions. –In these rules, unless the context otherwise requires,-
(a) (a) “cadre” means the strength of the Service or a part thereof sanctioned as a separate unit for each Division:
(b) (b) “Commission” means the Punjab Public Service Commission;
(c) (c) “Commissioner” means the Commissioner of a Division;
(d) (d) “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in service of Government of India or of a State Government;
(e) (e) “Government” means the Punjab Government in the Administrative Department;
(f) (f) “recognized university or institution” means-
(i)any university or institute incorporated by law in any of State of India, or
(ii)in the case of degrees or diplomas obtained as a result of examinations held before the 15th August, 1947, the Punjab, Sind or Dacca University, or
(iii)any other university or institution which is declared to be a recognized university or institution for the purpose of these rules;
(g) “recruiting authority” means the Punjab Subordinate Services
Selection Board or any other authority authorised by the Government to make
recruitment of persons to the service;
(h) “Service” means the Punjab Commissioners’ Offices (State Service Class III).
PART II
Recruitment to
posts and qualifications
3. 3. Number and Character of Posts - The service shall comprise the posts shown in Appendix ‘A’, ‘B’ and ‘C’ to these rules:
Provided that nothing in these rules
shall affect the inherent right of Government to make additions or reductions
in the cadre of the Service or create new posts with different designations and
scales of pay whether permanently or temporarily.
4. Appointing authority. Appointments to the posts in the Service shall be made by the Commissioner of the Division concerned.
5. Nationality domicile and character of Candidates - No person shall be appointed to the Service unless he is
(a) a citizen of India; or
(b) a subject of Nepal; or
(c) a subject of Bhutan; or
(d) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or
(e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India;
Provided that a candidate belonging to categories (b), (c), (d), and(e) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (e) the certificate of eligibility will be issued for a period one year, after which such candidate will be retained in service subject to his having acquired Indian Citizenship.
(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by Commissioner of a Division concerned or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
(3) No person shall be appointed to the Service by direct recruitment unless he produces a certificate of character from the Principal academic officer of the university, college, school or institution last attended, if any, and similar certificate from two responsible persons, not being his relatives who are well acquainted with him in his private life and are unconnected with his university, college, school or institution.
6. Disqualification. No person-
(a) who has entered into or
contracted a marriage with a person having a spouse living; or
(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the Service:
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.
7. Age - No person shall be appointed to the Service by direct appointment who is less than 17 years and more than 27 years of age on the date of appointment or such age as may, from time to time be fixed by Government;
Provided in the case of the candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes the upper age limit shall be such as may from time to time be fixed by the Government.
Note.---The appointing authority shall, in all cases, obtain from the candidate written declaration of his age supported by Matriculation or equivalent certificate or any other satisfactory documentary proof.
8. Qualifications - No person shall be appointed to any post in the service by direct appointment unless he has passed the examination in Punjabi language of matriculation standard and also possesses the following qualifications---
(a) in the case of Assistants, he is a graduate of recognised University or institution;
(b) in the case of Steno-typists, he has passed the Matriculation examination of a recognized University or institution or its equivalent and qualifies in the test in shorthand and type writing as may be prescribed by the Commissioner concerned;
(c) in the case of clerks, he has passed the Matriculation examination of a recognised University or institution or its equivalent.
9. 9. Method of appointment- Appointment to the Service shall be made-
(a) In the case of Assistant Superintendent (Revenue and Judicial)—
(i) by selection from amongst the Assistant Superintendents (Revenue an Records) of the Deputy Commissioners’ Offices of the division concerned; or
(ii) by promotion from amongst the Assistants and Personal Assistants of the cadre, or
(iii) by transfer of a Naib-Tehsildar of the Division concerned;
(b)
in the case of Assistant
Superintendent (General) and Assistant superintendent (Accounts) by promotion
from amongst Assistants and Personal Assistants of the cadre;
(c) in the case of Personal Assistant—
(i) (i) by promotion from amongst the clerks and steno-typists of the cadre;
(ii) (ii) by selection from amongst the Stenographers and Assistants of the Deputy Commissioner’s offices of the division concerned;
(14) (2) in the case of Assistant-
(i) (i) seventy-five percent posts by promotion from amongst the clerks and steno-typists of the cadre;
(ii) (ii) twenty-five percent by direct appointment;
(15) (3) in the case of steno-typist—
(i) (i) by selection from amongst the clerks who qualify a test in shorthand and typewriting to be prescribed by the Commissioner concerned; or
(ii) (ii) by direct appointment;
(16) (4) in the case of clerks—
(i) by direct appointment;
(ii) by transfer of a person already in service of Government of India or of a State Government.
(2) (2) When any post in the Service falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.
Note---. Appointment to any post in the Service by promotion shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.
PART III
Conditions of
Service
10. 10. Probation of member of Service (i) Members of the Service shall remain on probation for a period of two years if recruited by direct appointment and one year if recruited otherwise:
Provided that—
(a) (a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;
(b) (b) in the case of an appointment by transfer, any period of work in equivalent or higher rank prior to appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
(c) (c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated, shall, on the completion of the prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy.
(2) If, in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, it may—
(a) (a) if such person is recruited by direct appointment, dispense with his Services, and if such person is recruited otherwise,-
(i) (i) revert to his former post ; or
(ii) (ii) deal with him in such other manner as the terms and conditions of his previous appointment permit.
(3) (2) On the completion of the period of probation of a person, the appointing authority may—
(a) (a) if his work or conduct has in its opinion, been satisfactory,--
(i) (i) confirm such person from the date of his appointment if appointed against a permanent vacancy; or
(ii) (ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) (iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or
(b) (b) if his work or conduct has not been in its opinion, satisfactory, --
(i) (i) dispense with his Services, if appointed by direct appointment, or if appointed otherwise, revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment permit; or
(ii) (ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
11. Seniority of members of Services - The seniority inter se of members of Service in each cadre shall be determined by their continuous appointments to that cadre of the Service:
Provided that in the case of members recruited by direct appointment, the order of merit determined by the Commission or the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result the subsequent selection :
Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:--
(a) (a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) (b) a member appointed by promotion shall be senior to a person appointed by transfer; and
(c) (c) in the case of members appointed by the promotion or transfer seniority shall be determined according to the seniority of such members in the cadre from which they were promoted or transferred; and
(d) (d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing in a higher rate of pay in his previous appointment; and if the rates of pay drawn are also the same, then by their length of Service in those appointments, and if the length of such Service is also the same, an older member shall be senior to a younger member.
Note—1 This rule shall not apply to members appointed on purely provisional basis pending their passing the qualifying test.
Note—2 In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
12. Pay of members of Service - Members of the Service shall be entitled to such scales of pay including special pay, if any , as may be authorized by Government from time to time. The scales of pay at present in force, in respect of specified posts are given in Appendices ‘A’, ‘B’ and ‘C’ to these rules.
13. Liability for vaccination and revaccination - Every member of the Service shall get himself vaccinated or re-vaccinated when Government so directs by a special or general order.
14. Liability of members of Service to transfer - A member of the Service may be transferred by the Financial Commissioner, Revenue to an equivalent post in the other cadre on the same terms and conditions as are applicable to him in the original cadre.
15. Liability to Serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered so to go by the Government.
16. Leave, pension or other matters - In respect of leave, pension and all other matters not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been, or may hereafter be adopted or framed by the competent authority under Article 309 of the Constitution of India or any law for the time being in force and rules made thereunder .
17. Discipline, penalties and appeals - In matters relating to discipline, punishment and appeals, members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time:
Provided that the nature of penalties
which may be imposed , the authority
empowered to impose such penalties and the appellate authority
shall be as specified in Appendix ‘D’ to
these rules.
(2) The authority competent to pass an order under rule 15 of the said rules and the appellate authority shall also be as specified in Appendix ‘E’ to these rules.
18. Oath of allegiance - Every member of the Service, unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.
19. Power to relax - Where the Government is of opinion that it is necessary or expedient so to do it may, by order, for reasons to be recorded in writing , relax any of the provisions of these rules with respect to any class or category or persons.
20. Repeal and savings. - The Punjab Commissioner’s Subordinate Service Rules, 1941, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R.S.TALWAR,
Secretary to Government, Punjab,
Revenue Department.
APPENDIX ‘A’
JULLUNDUR DIVISION |
|||
|
Serial No. |
Description of Posts |
Number Of Posts |
Scale |
|
1
2
3
4 5 6
7 8 |
Assistant Superintendent (Revenue and Judicial) Assistant Superintendent (General) Assistant Superintendent (Accounts) Personal assistant. … Assistants … Steno-typists …
Clerks … Driver … |
1
1
1
1 13 2
19 1 |
Rs. 300-25-500/25-550
300-25-500/25-550
300-25-500/25-550
350-25-500/30-650 225-15-360/20-500 110-4-130/5-180-6-210/8-250 plus Rs.25 per mensem as Special Pay 110-4-130/5-180/6-210/8-250 110-4-130/5-160/5-180 |
|
APPENDIX ‘E’ [Referred to in Rules 15 of the Punjab Civil Services (Punishment and Appeal)Rules, 1970] |
||||
|
Serial No. |
Designation of official |
Nature of order |
Authority competent to pass orders |
Appellate Authority |
|
1
2
3
4
5
6
7
8 |
Assistant Superintendent (General)
Assistant superintendent (Revenue and Judicial)
Assistant Superintendent (Accounts)
Personal Assistant
Assistant
Steno-typist
Clerk
Driver |
(i) (i) an order of suspension made or deemed to have been made under rule 4, of the Punjab civil Services (Punishment and Appeal) Rules, 1970; (ii) (ii) an order enhancing any penalty imposed under rule 5 of the Punjab Civil Services (Punishment and Appeal)Rules, 1970; (iii) (iii) an order which— (a) (a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of Service as regulated by rules or by agreement; (b) (b) interprets to his disadvantage the provisions of any such rule or agreement; (iv) (iv) an order— (a) (a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (b) (b) reverting him while officiating in a higher Service; grade or post to a lower Service, grade or post , otherwise than as a penalty; (c) (c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d) (d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof; or (e) (e) determining his pay allowances— (i) (i) for the period of suspension; or (ii) (ii) for the period from the date of his dismissal, removal or compulsory retirement from Service, or for the date of his reduction to a lower Service, grade post, time scale or stage in the time-scale of pay to the date of his retirement or restoration to his Service, grade or post: or (f) (f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower Service, grade, post, timescale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his Service, grade or post shall be treated as a period spent on duty for any purpose.
|
Commissioner |
Financial Commissioner Revenue |
REVENUE
DEPARTMENT
Notification
The
24th June, 1976
No. G. S. R. 78/Const./Art.309/76 --- In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment and conditions of Service of persons appointed to the Punjab District Service (Class 111), namely:-
Part
1
General
1. Short title and commencement. (i) These rules may be called the Punjab District Service (Class III) Rules,1976.
(ii) They shall come into force on the date of their publication in the official Gazette.
2 Definitions. In these rules, unless the context otherwise requires:-
(a) (a) “Cadre” means the strength of the Service or a part thereof as a separate unit;
(b) (b) “Commissioner” means the Commissioner of a Division;
(c) (c) “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in the Service of Government of India or of a State Government;
(d) (d) “Government” means the Punjab Government in the Administrative Department;
(e) (e) “recognised University or institution” means---
(i) any university or institution incorporated by law in any of the States of India; or
(ii) in the case if degrees or diplomas obtained as a result of examinations held before 15th August, 1947 of the Punjab, Sind, or Dacca University; or
(iii) any other university or institution ,which is declared to be a recognised university or institution for the purposes of these rules ;
(f) (f) “recruiting authority” means the Punjab Subordinate Services Selection Board constituted by the Government or any other authority authorised by the Government to perform the functions of the said Board;
(g) (g) “Service” means the Punjab District Service (Class 111).
Recruitment
to posts and qualifications.
3. Number and character of posts - The Service shall comprise the posts shown in Appendix ‘A’ to these rules;
Provided that nothing in these rules shall affect the inherent right of Government to make additions to or reductions in the cadre of the Service or create new posts with different designations and scales of pay whether permanently or temporarily.
4. Appointing authority - Appointments to posts in Service shall be made------
(a) (a) in the case of Superintendent and Assistant Superintendent by the Commissioner of the Division concerned; and
(b) (b) in the case of other posts in the Service, by the Deputy Commissioner concerned.
5. Nationality, domicile and character of candidates - 5. No person shall be appointed to the Service unless he is:-
(a) (a) a citizen of India; or
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January ,1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania ( formerly Tanganika and Zanzibar) with the intention of permanently settling in India;
Provided that a candidate belonging to categories (b) ,(c),(d) and (e) shall be a person in whose favour a certificate of eligibility has been given by the Government of India and if he belongs to category (e) the certificate of eligibility will be issued for a period or one year after which such a candidate will be retained in Service subject to his having acquired Indian Citizenship.
2. A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
3. No person shall be appointed to the Service by direct appointment unless he produces a certificate of character from the principal academic officer of the university, college, school or institution last attended, if any, and similar certificates from two responsible persons, not being his relatives, who are well acquainted with him in private life and are unconnected with his university, college, school, or institution.
6. Disqualification - No person_____
(a) (a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) (b) who, having a spouse living, has entered into or contracted a marriage with any person; shall be eligible for appointment to the Service:
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing; exempt any person from the operation of the rule.
7. Age - .No person shall be appointed to the Service by direct appointment who is less than 17 years or more than twenty –seven years of age on the date of appointment or such age as may be ,from time to time ,be fixed by Government
Provided that in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes the upper age limit shall be such as may, from time to time, be fixed by the Government.
Note;--The appointing authority shall in all cases, obtain from the candidate written declaration of his age supported by Matriculation or equivalent certificate or any other satisfactory documentary proof.
8. Qualifications - No person shall be appointed to Service by direct appointment unless has passed the examination in Punjabi Language of Matriculation Standard and also possesses the following qualifications;-
In the case of Assistants_____
(a) (a) a graduate of a recognised university or institution or its equivalent.
(b) (b) In the case of Steno-typist---
Must have passed the Matriculation Examination of a recognised university or institution or its equivalent and qualifies a test in short-hand and typewriting a such speed as may be prescribed by the Deputy Commissioner concerned;
(c) In the case of Clerk____
Must have passed the Matriculation Examination of a recognised university or institution or its equivalent.
9. Method of appointment - Appointments to the posts in the Service shall be made in the manner indicated below :--
(a) (a) In the case of Superintendent -
By promotion from amongst the Assistant Superintendents of the district of the concerned Division;
(b) (b) In the case of Assistant Superintendent ( Revenue and Record ) –
(i) by promotion from amongst the Assistants of the cadre with at least two years experience as an Assistant in the Revenue side, or Stenographers of the cadre, who have worked as Assistant for a period of two years on some existing vacancy or sharing the work of an Assistant on the Revenue side; or
(ii) by promotion from amongst the District Kanungos of the Division concerned.
(c) In the case of Assistant Superintendent (General): -
By promotion from amongst Assistants of the cadre with at least two years experience as an Assistant, or Stenographer of the cadre who have worked as Assistant for a period of two years on some existing vacancy or by sharing the work of an Assistant.
(d) In the case of Stenographer:-
By selection from amongst clerks and steno-typists of the respective cadres of the district concerned who qualifies in a test in shorthand and typewriting at a speed which may be prescribed by the concerned Deputy Commissioner.
(e) In the case of Assistant including the post of District Revenue Accountant (Sadar Wasil Baqi Nawis)__
(i) 75 per cent of the posts by promotion from amongst clerks and steno-typists of the respective cadres of the district concerned; or
(ii) 25 per cent of the posts by direct recruitment.
(f) (f) In the case of District Revenue Accountant (Sadar Wasil Baqi Nawis):---
(i) 75 per cent of the posts by promotion from amongst the Assistant District Revenue Accountants or Tehsil Revenue Accountants or Kanungos or Clerks of the respective cadres of the district concerned.
(ii) 25 per cent of the posts by direct recruitment.
(g) In the case of Steno-typist—
(i) by selection from amongst the clerks of the cadre who qualifies the test in short hand and type-writing at a speed which may be prescribed by the concerned Deputy Commissioner.
(h) In the case of clerk—
(i) by transfer of a Patwari in the District; or
(ii) by direct appointment; or
(iii) by transfer or deputation of a person in the Service of a State Government or the Government of India:
Provided that the posts of clerks with the following designations shall be filled by appointment from Patwaris—
(i) Assistant District Revenue Accountant;
(ii) Tehsil Revenue Accountant;
(iii) Inspection Moharrir in District Kanungos’ Office;
(iv) Judicial Moharrirs in District Kanungos’ Office;
(v) Ahlmad to the Revenue Assistant and sub Divisional Officer;
(vi) Jagir Moharrir.
(2) When any post falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.
Note----All appointments to the posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.
Conditions of Service
10. Probation of members of Service. (i) Members of the Service shall remain on probation for a period of two years if appointed by direct appointment and one year if appointed otherwise;
Provided that---
(a) (a) any period, after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;
(b) (b) in the case of an appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
(c) (c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated, shall on the completion of the prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy.
(2) If, in the opinion of the appointing authority the work or conduct of a person during period of probation is not satisfactory, it may---
(a) if such person is appointed by direct appointment, dispense with his Service, and if such person is appointed otherwise—
(i) revert to his former post; or
(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.
(3) On completion of the period of probation of a person, the appointing authority may—
(a) if his work or conduct has, in its opinion, been satisfactory—
(i) confirm such person from the date of his appointment if appointed against a permanent vacancy; or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or
(b) (b) if his work or conduct has not been, in its opinion satisfactory, it may—
(i) dispense with his Service, if appointed by direct appointment, or if appointed otherwise, revert him to his former post, or deal with him in such manner as the terms and conditions of his previous appointment permit; or
(ii) extend his period of probation and thereafter, pass such orders as it could have passed on the expiry of the first period of probation.
11. Seniority of members of Service - The seniority inter se of members of Service in each cadre shall be determined by their continuous appointment to that cadre of the Service:
Provided that in the case of members recruited by direct appointment, the order of merit determined by the Commission of the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result of subsequent selection:
Provided further that in the case two or more members appointed on the same date their seniority shall be determined as follows:--
(a) (a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) (b) a member appointed by promotion shall be senior to a person appointed by transfer; and
(c) (c) in the case of members appointed by promotion or transfer, seniority shall be determined according to the seniority of such members in the cadre from which they were promoted or transferred; and
(d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing a higher rate of pay in his previous appointment and if the rates of pay drawn are also the same then by their length of Service in those appointments; and if the length of such Service is also the same, an older member shall be senior to a younger member.
Note 1.—This rule shall not apply to members appointed on purely provisional basis.
Note 2—In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
12. Pay of members of the Service.. Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. The scales of pay at present in force in respect of specified posts are given in Appendix ‘A’ to these rules.
13. Liability of members of Service to transfer - A member of a cadre may be transferred by the Financial Commissioner, Revenue to an equivalent post in other cadre on the same terms and conditions as are applicable to him in the original cadre.
14. Liability to serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered to do so by Government.
15. Leave and pension or other matters - In respect of leave, pension and other matters not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been , or may hereafter be adopted or framed by competent authority under Article 309 of the Constitution of India or any law for the time being in force and the rules made thereunder.
16. 16. Discipline penalties and appeals - (1) In matters relating to discipline, punishment and appeals, members of the Service shall be governed by Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time:
Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall be as specified in Appendix ‘B’ to these rules.
(2) the authority competent to pass an order under rule15 of the said rules and the appellate authority shall be as specified in Appendix ‘C’ to these rules.
17. Oath of allegiance - Every member of the Service, unless he has already done so shall be required to take an oath of allegiance to India and the Constitution of India as by law established.
18. Powers to relax - Where the Government is of opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
19. Repeal and savings - The Punjab District Subordinate Service Rules, 1942, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R. S. TALWAR,
Secretary to Government, Punjab.
Revenue Department.
|
APPENDIX ‘A’ (Referred to in rule 3) |
||||||||||
|
SN |
Name of District |
No. of Superintendents |
Total |
No. of Assistants Superintendents (General) |
Total |
No. of Assistant Superintendents (Revenue and Record) |
Total |
|||
|
Permanent |
Temporary |
Permanent |
Temporary |
Permanent |
Temporary |
|||||
|
1 2 3 4 5 6 7 8 9 10 11 12
|
Gurdaspur Amritsar Jullundur Hoshiarpur Kapurthala Ludhiana Ferozepur Patiala Sangrur Bhatinda Roop Nagar Faridkot |
1 1 1 1 1 1 1 1 1 1 … … |
… … … … … … … … … … 1 1 |
1
1
1
1
1
1
1
1
1
1
1
1 |
…
1
1
…
…
…
1
…
…
…
…
… |
…
…
…
…
…
…
…
…
…
…
…
… |
…
1
1
…
…
…
1
…
…
…
…
… |
1
1
1
1
1
1
1
1
1
1
…
… |
…
…
…
…
…
…
…
…
…
…
1
1 |
1
1
1
1
1
1
1
1
1
1
1
1 |
|
Total |
|
10 |
2 |
12 |
3 |
|
3 |
10 |
2 |
12 |
|
Name of District |
No. of Assistants |
Total |
No. of Clerks |
Total |
No. of Stenographers |
Total |
No. of Steno-typists |
Total |
||||
|
Permanent |
Temporary |
Permanent |
Temporary |
Permanent |
Temporary |
Permanent |
Temporary |
|||||
|
Gurdaspur Amritsar Jullundur Hoshiarpur Kapurthala Ludhiana Ferozepur Patiala Sangrur Bhatinda Roop Nagar Faridkot |
15 15 14 15 13 13 13 15 16 15 2 3 |
2 2 5 5 3 4 5 5 2 5 13 14 |
17 17 19 20 16 17 18 20 18 20 15 17 |
103 151 122 106 74 127 119 136 114 35 35 48 |
15 17 34 31 20 25 31 44 18 65 75 65 |
118 168 156 137 94 152 150 180 132 100 110 113 |
1 1 1 … 1 1 1 1 1 … … … |
… … … … … … … … … … 1 1 |
1 1 1 … 1 1 1 1 1 … 1 1 |
4 5 3 2 2 1 4 6 5 3 2 3
|
2 4 5 4 4 6 6 4 2 … 5 5
|
6 9 8 6 6 7 10 10 7 3 7 8
|
|
Total .. |
149 |
65 |
214 |
1170 |
440 |
1610 |
8 |
2 |
10 |
40 |
47 |
87 |
1. 1. Pay scale of Superintendent: Rs.400-25-500/30-650.
2. 2. Pay scale of Assistant Superintendent (Revenue and Record). Rs.225-15-360/20-500.
3. 3. Pay scale of Assistant Superintendent (General): Rs.225-15360/20-500.
4. 4. Pay scale of Assistant : Rs.160-10-180/15-400.
5. 5. Pay scale of Clerks Rs.110-4-130/5-180-6-210/8-250.
6. 6. Pay scale of Stenographer Rs.160-10-280/15-400.
7. 7. Pay scale of Steno-typists: Rs.110-4-130/5-180/6-210/8-250 plus Rs.25 as special pay.
APPENDIX ‘B’
(REFERRED TO IN RULE 16) |
|||
|
Designation of officials |
Nature of penalty |
Punishing authority |
Appellate authority |
|
1 |
2 |
3 |
4 |
|
1.Superintendent 2.Assistant Superintendent (Revenue and Record) 3.Assistant Superintendent (General) 4.Stenographer
5.Assistant 6.Steno-typist 7.Clerk |
(i)Censure (ii)Withholding of his promotions
(iii)Recovery from his pay of the whole of part of any pecuniary loss caused by him to the Government By negligence or breach of orders
(iv)Withholding of increments of pay
(vi)Reduction to a lower time –scale of pay, grade or post of Service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade, post or Service, from which he was reduced, with or without further directions regarding condition of restoration to the grade, post or Service from which Government employee was reduced and his seniority and pay on such restoration to that grade, post or Service; (vii)compulsory Retirement (viii)Removal from Service which shall not be a disqualification for future employment under the Government (ix)Dismissal from Service which shall ordinarily be a disqualification or further employment under the Government |
Deputy Commissioner
For the posts of Superintendent Assistant Superintendent (General) And Assistant Superintendent (Revenue and Record) Commissioner For the remaining posts Deputy Commissioner |
Commissioner
For the post of Superintendent, Assistant Superintendent (General) And Assistant Superintendent (Revenue and Record) – Financial commissioner For the remaining posts Commissioner
|
APPENDIX ‘C’
[Referred to in Rule 16(2)] (Referred to in Rule15 of the Punjab Civil Services (Punishment
and Appeal)Rules 1970]
|
||||
|
Serial No. |
Designation of official |
Nature of order |
Authority competent to pass orders |
Appellate Authority |
|
1 2
3
4 5 6 7 |
Superintendent Assistant Superintendent (Revenue and Record) Assistant Superintendent (General) Stenographer Assistant Steno-typist Clerk |
(i)An order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. (ii)An order enhancing any penalty imposed under rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. (iii)An order which— (a)denies or varies to his disadvantage his pay, allowances, pension or other condition of Service as regulated by rules or by agreement; (b)interprets to his disadvantage the provisions of any such rule or agreement (iv)An order— (a)stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar; (b)reverting him while officiating in a higher Service, grade or post, otherwise than as a penalty; (c)reducing or withholding the pension or denying the maximum pension admissible to him under the rule; (d)determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof; or (e)determining his pay and allowances— (i)for the period of suspension; or (ii)for the period from date of his dismissal, removal or compulsory retirement from Service, grade, post, time-scale or stage in the time-scale of pay to the date of his retirement or restoration to his Service, grade or post, or (f)determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or restoration to his Service, grade or post shall be treated as a period spent on duty for any purpose
|
Deputy Commissioner |
Commissioner |
REVENUE DEPARTMENT
Notification
The 24th
June, 1976
No.
G.S.R.80/Const./Art.309/76.— In exercise of the powers conferred by the proviso
to Article 309 of the Constitution of India and all other powers enabling him
in this behalf, the Governor of Punjab is pleased to make the following rules
for regulating the recruitment and conditions of service of persons appointed to
the Punjab Land Records (State Service, Class III), namely:-
PART
I—General
1. 1. Short title and commencement - (i) These rules may be called the Punjab Land Records (State Service Class III) Rules, 1976.
(ii) They shall come into force on the date of their first publication in the official Gazette.
2. 2. Definitions - In these rules, unless the context otherwise requires,--
(a) “cadre” means he strength of the service or a part, thereof;
(b) “Director” means the Director of Land Records, Punjab;
(c) “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in the service of Government of India or a State Government;
(d) “Government” means the Punjab Government in the Revenue Department;
(e) “recognized university” or “institution” means—
(i) any university or institution incorporated by law in any of the States of India, or
(ii) in the case of degrees or diplomas obtained as a result of examinations held before 15th August, 1947, the Punjab, Sind or Dacca university, or
(iii) any other university or institution which is declared to be a recognised university or institution for the purpose of these rules;
(f) “recruiting authority” means the Punjab Subordinate Services Selection Board or any other authority authorized by the Government of persons to the Service.
(g) “Service” means the Punjab Land Records (State Service Class III).
PART
II—Recruitment to posts and qualifications
3. Number and character of posts - The Service shall comprise the posts shown in Appendix ‘A’ to these rules:
Provided that nothing in these rules shall effect the inherent right of Government to make additions or reductions in the cadre of the Service or create new posts with different designations and scales of pay whether permanently or temporarily.
4. Appointing Authority –(i) Appointment to the post of Chief Instructor (Naib-Tehsildar) shall be made by the Commissioner, Jullundur Division.
(ii) Appointment to other posts shall be made by the Director.
5. Nationality, domicile and character of candidates - No person shall be appointed to the Service, unless he is_____
(a) (a) a citizen of India ; or
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India:
Provided that a candidate belonging to categories (b),(c), (d), and (e) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (e) , the certificate of eligibility will be issued for a period of one year, after which such candidate will be retained in service subject to his having acquired Indian citizenship.
(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Director or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
(3) No person shall be appointed to the service by direct recruitment unless he produces a certificate of character from the principal academic officer of the university, college, school or institution last attended, if any, and similar certificate from two responsible persons, not being his relatives who are well acquainted with him in his private life and are unconnected with his university, college, school or institution.
6 Disqualifications, No person___
(a) (a) who has entered in to or contracted a marriage with a person having a spouse living; or
(b) (b) who, having a spouse living, has entered into or contracted a marriage with any person; shall also be eligible for appointment to the Service:
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.
7. Age - No person shall be appointed to the Service by direct appointment if he is less than 17 years and more than 27 years of age on the date of appointment or of such age as may, from time to time, be fixed by the Government:
Provided that in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes the upper age limit shall be such as may from time to time be fixed by the Government.
8 Qualifications - No persons shall be appointed to any post in the Service by direct appointment unless he has passed the examination in Punjabi of the Matriculation or its equivalent standard and also possesses educational and other qualifications as are specified in Appendix ‘D’ to these rules.
9. Method of appointment - (1) Appointment to the Service shall be made in the manner indicated below:-
(a) (a) in the case of Superintendent—
(i) by promotion from amongst the Assistants and Senior Scale Stenographer; or
(ii) by transfer or deputation of an official already in Government service, not below the rank of an Assistant or its equivalent;
(b) in the case of Chief Instructor (Naib-Tehsildar) by transfer from amongst Naib-Tehsildars Jullundur Division;
(c) in the case of Assistant—
by promotion from amongst clerks or by selection from amongst Assistants, Stenographers, Clerks, Steno-typists employed in Government Department other than the Director’s Office;
(d) in the case of Senior Scale Stenographer—
(i) by selection from amongst the clerks who qualify in test in shorthand type-writing, or
(ii) by transfer of persons already in Government service, or
(iii) by direct appointment;
(e) in the case of Instructor (Kanungo)—
by transfer of a member of the Punjab Kanungo Service in consultation with the Collector concerned;
(f) in the case of Clerk—
(i) by transfer of a clerk or a patwari working in any other office in the Punjab State; or
(ii) by direct recruitment.
(g) in the case of Mapper—
(i) by transfer of a Settlement Mapper, or
(ii) by direct appointment.
(2) When any post in the Service falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.
All appointments to be posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no member of the Service shall have any right for promotion merely on the basis of seniority.
PART
III—Conditions of Service
10. Probation of members of service - (i) Members of the Service shall remain on probation for a period of two years if recruited by direct appointment and one year if recruited otherwise:
Provided that-
(a) any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;
(b) in the case of appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the Service may in the discretion of the appointing authority, be allowed to count towards the period of probation; and
(c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy.
(2)
If, in the opinion of the
appointing authority, the work or conduct of a person during the period of
probation is not satisfactory, it may—
(a) if such person is recruited by direct appointment dispense with his service; and
(b) (b) if such person is recruited otherwise,
(i) revert him to his former post; or
(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.
(3) On the completion of the period of
probation of a person, the appointing authority may—
(a) if his work or conduct, has in its opinion, been satisfactory;
(b) confirm such person from the date of his appointment, if appointed against a permanent vacancy; or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointment against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or
(c) if his work or conduct has not been in its opinion, satisfactory—
(i) dispense with his services, if appointed by direct appointment, or if appointed otherwise, revert him to his former post, or deal with him in such other manner as terms and conditions of his previous appointment permit; or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
11. 10. Seniority. The seniority inter se of the members of Service in each cadre shall be determined by their continuous appointments to that cadre of the Service;
Provided that in the case of members recruited by direct recruitment, the order of merit determined by the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result of subsequent selection:
Provided further that in the case of two or more members appointed on the same date, seniority shall be determined as follows: --
(a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) a member appointed by promotion shall be senior to a person appointed by transfer; and
(c) in the case of members appointed by promotion or transfer seniority shall be determined according to the seniority of such members in the cadre from which they were promoted or transferred and
(d) in the case of members appointed by transfer from different cadres seniority shall be determined according to pay preference being given to a member who was drawing higher rate of pay in his previous appointment and if the rates of pay drawn are also the same then by the length of service in those appointments: and if the length of such service is also the same, an older member shall be senior to a younger member.
Note.—1. This rule shall not apply to members appointed on purely provisional basis.
Note.—2. In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
12. Pay of members of Service - Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from the time to time. The scales of pay at present in force in respect of specified posts are given in Appendix ‘A’ to these rules.
13. Liability of members of Service to transfer - A member of the Service may be transferred by the Government to any post whether included in any other Service or not on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Service Rules, Volume I, Part I.
14. Liability to serve - A member of Service shall be liable to serve at any place, whether within or without the State of Punjab on being ordered so to do by the appointing authority.
15. Leave, Pension or others matters - In respect of leave, pension and other matters not expressly provided for in these rules, members of the Service shall be governed by such rules and regulations as may have been or may hereafter be adopted or framed by competent authority under Article 309 of the Constitution of India or any law for the time being in force and rules made there under.
16. Discipline, penalties and appeals - In matters relating to discipline, punishment and appeals, members of Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules 1970, as amended from time to time:
Provided that the nature of penalties which may be imposed to the authority empowered to impose such penalties and the appellate authority shall be as specified in Appendix ‘B’ to these rules.
(2) The authority competent to pass an order under Rule 15 of the said Rules and the appellate authority shall also be as specified in Appendix ‘C’ to these rules.
17. Oath of allegiance - Every member of Service, unless he has already done so, shall be required to make the oath of allegiance to India and the Constitution of India as by law established.
18. Power to relax - Where the Government is of opinion that it is necessary or expedient to do so, it may, by order for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
19. Repeal and savings - The Punjab Land Records Subordinate Services Rules, 1944, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R.S.TALWAR,
Secretary to Government, Punjab,
Revenue Department.
APPENDIX ‘A’
|
|||||
|
Serial No. |
Designation |
Number of posts |
Grade |
||
|
Permanent |
Temporary |
Total |
|||
|
1
2
3
4
5
6
7 |
Superintendent
Chief Instructor (naib-Tehsildar)
Assistants
Senior Scale Stenographer
Instructors (Kanungos)
Clerks
Mapper |
1
1
2
1
6
10
1 |
. .
. .
2
. .
. .
9
. . |
1
1
4
1
6
19
1 |
Rs. 400-25-500/30-650
225-15-360/20-500
160-10-280/15-400
160-10-280/15-400
140-6-170/8-210/10-300 plus Rs.25 per mensem as Special Pay
110-4-130/5-180-6-210/8-250
110-4-130/5-180-6-210/8-250 |
APPENDIX ‘B’
|
|||
|
Nature of Penalty |
Designation of officials |
Punishing Authority |
Appellate Authority |
|
(i)Censure
(ii)withholding of his promotions
(iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
(iv)withholding of increments of pay;
(v)reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;
(vi)reduction to a lower time-scale pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade post or service from which he was reduced, with or without further directions regarding conditions of restorations to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service ;
(vii)compulsory retirement;
(viii)removal from service which shall not be a disqualification for further employment under the Government;
(ix)Dismissal from service which shall ordinarily be a disqualification for further employment under the Government. |
1.Chief Instructor (Naib-Tehsildar)
2.Superintendent 3.Assistant 4.Senior Scale Stenographer 5.Instructors (Kanungos) 6.Clerks 7.Mapper
|
Commissioner, Jullundur Division
Director Land Records |
Financial Commissioner, Revenue |
|
APPENDIX
‘C’ [Referred to in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970] |
|||
|
Nature of Order |
Designation of official |
Authority competent to pass orders |
Appellate Authority
|
|
(i)An order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970
(ii)An order enhancing any penalty imposed under rule 5 of the Punjab Civil Services(Punishment and Appeal) Rules, 1970
(iii)An order which— (a)denies varies to his disadvantage, his pay, allowance, pension or other conditions of services as regulated by rules or by agreement; (b)interprets to his disadvantage the provisions of any such rule or agreement;
(iv)an order— (a)stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (b)reverting him while officiating in a higher service, grade or post to a lower service, grade or post, otherwise than as a penalty; (c)reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d)determining the subsistence the other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof ; or (e)determining his pay and allowance— (i)for the period of suspension; or (ii)for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, timescale or stage in a time scale of pay to the date of his retirement or restoration to his service, grade or post, or
(f)determining whether or not the period from the date of suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale of pay or stage, in a time scale of pay to the date of his re-instatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose. |
1.Chief Instructor (Naib-Tehsildar)
2.Superintendent, 3.Assistant
4.Senior Scale Stenographer
5.Instructors (Kanungos) 6.Clerks
7.Mapper |
Commissioner, Jullundur Division
Director Land Records, Punjab |
Financial Commissioner, Revenue
|
APPENDIX ‘D’
(Referred to in Rule 8)
(a) In the case of appointment to the post
of Senior-Scale Stenographer—he is a graduate of a recognised University or
Institution or its equivalent and has a speed of 100 words per minute in
short-hand and a 20 words per minute for transcribing it in type-writing.
(b) In the case of Clerk, has passed a Matriculation Examination of a Recognised University or Institution or its equivalent.
(c) In the case of Mapper, has passed the
Draftsman’s Diploma Course from any Recognised Engineering Institute.
PUNJAB
GOVERNMENT
REVENUE
DEPARTMENRT.
Notification
The 24th
June, 1976.
No. G.S.R. 81/Const./Art. 309 / 76.----In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with section 28 of the Punjab Land Revenue Act, 1887, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for regulating recruitment and conditions of service of persons appointed to the Punjab Kanungo Service (State Service Class III),namely:--
PART
1 –General
1. Short title and commencement - (i) These rules may be called the Punjab Kanungo Service (State Service Class 111), Rules, 1976.
(ii) They shall come into force on the date of their first publication in the official Gazette.
2. Definitions -In these rules, unless the context otherwise requires,-
(a) ’Collector’ means the Collector of a District or the Settlement Officer ;
(b) ‘Commissioner’ means the Commissioner of a Division.
(c) ‘direct appointment’ means an appointment made otherwise than by promotion or by transfer of an official already in the service of a State Government or of Government of India;
(d) ‘Government ‘ means the Punjab Government;
(e) ‘Kanungo’ includes the District Kanungo, Assistant District Kanungo, Office Kanungo, Special Kanungo and Field Kanungo; Settlement Kanungo and Colony Kanungo;
(f) (f) ‘recognised university or institution’ means-----
(i) any university or institution incorporated by law in any of the States of India ; or
(ii) In the case of degrees or diplomas obtained as a result of examinations held before 15th August, 1947, the Punjab, Sind or Dacca University; or
(iii) any other university or institution, which is declared to be a recognised University or institution for the purpose of these rules;
(g) (g) ‘recruiting authority’ means the Punjab Subordinate Services Selection Board or any other authority authorized by the Government to make recruitment of persons to the service;
(h) ‘Service’ means the Punjab Kanungo Service (State Service, Class III)
PART
II—Recruitment to the posts and qualifications
3. 3. Number and character of posts. The service shall comprise the posts shown in Appendix ‘A’ to the rules:
Provided that nothing in these rules
shall affect the inherent right of Government to make additions or reductions
in the number of posts or create new posts with different designations and
scales of pay whether permanently or temporarily.
4. 4. Appointing authority - Appointments to the posts in the Service shall be made by the Collector of the District concerned.
5. 5. Nationality, domicile and character of candidate. (1) No person shall be appointed to the Service, unless he is—
(a) (a) a citizen of India;
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India.
Provided that a candidate belonging to categories (b), (c), (d), and (e) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (e) the certificate of eligibility will be issued for a period of one year, after which such candidate will be retained in service subject to his having acquired Indian Citizenship.
(2) (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or an interview conducted by the Collector concerned or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
(3) (3) No person shall be appointed to the Service by direct recruitment unless he produces a certificate of character from the principal academic officer of the university, college, school or institution last attended, if any, and similar certificate from two responsible persons not being his relatives who are well acquainted with him in his private life and unconnected with his university, college, school or institution.
6. 6. Disqualification - No person---
(a) (a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) (b) who, having a spouse living has entered into or contracted a marriage with any person shall be eligible for appointment to the Service;
Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.
7. Age - No person shall be appointed to the Service by direct appointment who is less than 17 years or more than 27 years of age on the date of appointment or such age as may, from time to time be fixed by the Government:
Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes the upper age limit shall be such as may from time to time be fixed by the Government.
8. Qualifications. (1) No person shall be appointed to the Service by direct appointment unless :--
1. 1. he has passed the Higher Secondary Examination of recognised university or institution or its equivalent with Punjabi upto Matriculation standard;
2. 2. he has qualified the departmental examination prescribed in Appendix ‘C’ to these rules;
3. 3. he has undergone the training prescribed in Appendix D’ to these rules.
4. 4. No person shall be appointed from amongst the Patwari Moharrir and the Patwaris unless he has qualified the departmental examination in Appendix ‘C’ to these rules:
Provided that if no patwari who has qualified the departmental examination is available in the cadre for promotion, as Kanungo, the Collector may relax this condition and the Patwari so promoted as Kanungo shall have to pass the aforesaid departmental examination within a period of two years of his promotion, failing which he shall be reverted as Patwari.
9. Method of appointment - (1) Appointment to the posts in the Service shall be made-
(i) in the case of District Kanungo, by promotion from amongst Kanungos of the district who have worked as Assistant District Kanungo or Office Kanungo for a minimum period of two years;
(ii) in the case of Kanungos-------
(a) Seventy-five per cent by promotion from amongst Patwari Moharrir and Patwaris of the district ; and
(b) twenty-five per cent by direct recruitment;
(iii) in the case of Patwari Moharrir, by promotion from amongst Patwaris of the district.
(2) All appointments to the posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no member of the Service shall have any right for promotion on the basis of seniority alone.
PART
III—Conditions of service
10. Probation of member of service - Members of the Service shall remain on probation---
(1) for a period of two years if recruited by direct appointment and one year if recruited otherwise: provided that--
(a) any period, after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under the rules;
(b) in the case of an appointment by transfer, any period or work in equivalent or higher rank, prior to the appointment to the Service may, in the discretion of the appointing authority be allowed to count towards the period of probation fixed under these rules; and
(c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated, shall on the completion of the prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy.
(2) If in the opinion of the appointing
authority, the work or conduct of a person during the period of probation is
not satisfactory, it may----
(a) if such
person is recruited by direct appointment, dispense with his service, and if
such person is recruited otherwise-------
(i) revert him to his former post, or
(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.
(3).
On the completion of the period of
probation of a person, the appointing authority
may---
(a) if his work and conduct has, in its opinion, been satisfactory,
(i) confirm such person from the date of his appointment if appointed against a permanent vacancy, or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy, or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy, or
(b) if his work or conduct has not been in its opinion satisfactory-----
(i) dispense with his services, if appointed by direct appointment, or if appointed otherwise, revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment permit, or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
11. Seniority- (1) Seniority of member of the service shall be maintained district wise and shall be determined by the length of continuous service as Kanungo:
Provided that the district Kanungo shall be senior to all other Kanungos in the district:
Provided further that---------
(i) in the case of members of the Service appointed by promotion on the same date, the member appointed by promotion from Patwari Moharrir shall rank senior to the members appointed by promotion from amongst Patwaris;
(ii) in the case of members of the Service appointed by promotion on the same date from amongst Patwaris seniority shall be determined on the basis of their inter se seniority as Patwaris ;
(iii) in the case of members of the Service appointed by direct recruitment, seniority shall be determined on the basis of order of merit determined by the recruiting authority.
(2) The inter se seniority of the members of the Service appointed by direct recruitment and by promotion shall be determined by giving every fourth post to the member of service appointed by direct recruitment.
12. Pay of members of service - Members of the service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. Scales of pay at present in force in respect of specified posts are given in Appendix ‘A’ to these rules.
13. Liability for Vaccination and re-vaccination. Every member of the Service shall get himself vaccinated or re-vaccinated when Government so directs by special or general order.
14. Liability of members of service to transfer - A member of the Service may be transferred by the Commissioner to any post whether included in any Service or on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Services Rules, Volume I, Part I.
15. Liability to serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered so to do by the appointing authority.
16 Leave, pension and other matters - In respect of leave, pension and other matters not expressly provided for in these rules, members of the Service shall be governed by such rules, and regulations as may have been or may hereafter be adopted or framed by competent authority under Article 309 of the Constitution of India or any law for the time being in force and the rules made there under.
17. Discipline Penalties and Appeals - (1) In matters relating to discipline, punishment and appeal, members of the Service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules, 1970 as amended from time to time:
Provided that the nature of penalties which nay be imposed the authority, empowered to impose such penalties and the appellate authority shall be as specified in Appendix ‘BI’.
(2) The authority competent to pass an order under rule 5 of the Punjab Civil Services (Punishment and Appeals) Rules, 1970and the appellate authority shall also be as specified in Appendix B-II.
18. Oath of allegiance - Every member of the Service unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.
19. Power to relax - Where the Financial Commissioner, (Revenue), Punjab is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing relax any of the provisions of these rules with respect to any class or category of persons.
20. Repeal and savings - The Punjab Kanungo Service Rules, 1945, are hereby repealed: Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R. S. TALWAR,
Secretary to Government, Punjab.
Revenue Department.
APPENDIX ‘A’
(Referred to in Rule 3 and 12) |
|||||||
|
Name of District |
No. of District Kanungos |
No. of Field Kanungos |
No. of Office Kanungos |
No. of Assistant Kanungos |
No. of Patwari Moharrir |
Special Kanungos Thur |
|
|
Permanent |
Temporary |
||||||
|
1.Bhatinda 2.Sangrur 3.Patiala 4.Kapurthala 5.RoopNagar 6.Hoshiarpur 7.Jullundur 8.Ludhiana 9.Ferozepur 10.Amritsar 11.Gurdaspur 12.Faridkot |
1 1 1 1 1 1 1 1 1 1 1 1
|
12 18 19 9 10 19 18 17 12 19 16 10 |
. . . . . . . . . . . . . . . . . . . . 17 . . |
3 4 5 3 3 4 4 3 3 4 3 3 |
1 1 1 1 1 1 1 1 1 1 1 1 |
1 1 1 1 1 1 1 1 1 1 2 1 |
. . 1 1 . . 1 1 . . . . 1 1 1 . . |
|
1. Pay Scale of District Kanungo Rs.160-10-280/15-400 2.Pay scale of office Kanungo and Assistant Rs.140-6-170/8-210/10-300 with special pay of Rs.15 District Kanungo 3.Pay scale of Field Kanungo Rs.140-6-170/8-210/10-300 4.Pay scale of Patwari Moharrir Rs.110-4-130/5-160/5-200
|
|||||||
|
APPENDIX ‘B’ 1 [Referred to in Rule 17(1)] |
|||||
|
Designation of officials |
Nature of penalty |
Punishing Authority |
Appellate Authority |
Second Appellate Authority |
Authority empowered to entertain revision application |
|
1.District Kanungo 2.Assistant District Kanungo 3.Office Kanungo
4.Field, Settlement, Colony, Special Kanungo 5Patwari Moharrir |
Minor penalties (i)Censure; (ii)withholding of his promotion; (iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders; (iv)Withholding of increments of pay. Major penalties (v)Reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay; (vi)reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time scale of pay, grade, post or service from which was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service; (vii)Compulsory retirement; (viii) removal from service which shall not be a disqualification for future employment under the Government ; (ix)dismissal from service which shall ordinarily be a disqualification for future employment under the Government. |
Collector |
Commissioner |
Financial Commissioner, Revenue |
Financial Commissioner, Revenue |
|
APPENDIX ‘B’-II [Rule 17(2)] [Referred to rule 15 of Punjab Civil Services (Punishment and Appeal) Rules, 1970] |
|||
|
Nature of order |
Designation of official |
Authority Competent to pass orders |
Appellate Authority |
|
(1)an order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (ii)an order enhancing any penalty imposed under rule 17 (1) (iii)an order which— (a)denies or varies to his disadvantage his pay, allowances pension or other conditions of service as regulated by rules or by agreement (b)interprets to his disadvantage the provision of any such rule (iv)an order— (a)stopping him at the efficiency bar in the time scale of pay on his unfitness to the bar; (b)reverting him while officiating in a higher service, grade or post to a lower service, grade or post other wise than as penalty; (c)reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d)determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof; or (e)determining his pay and allowances— (i)for the period of suspension; or (ii)for the period from the date of his dismissal, removal or compulsory retirement from service, grade, post, time-scale of pay to the date of his retirement or restoration to his service, grade or post; or (f)determining whether or no the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale of pay or stage in a time scale of pay to the date, of his reinstatement or restoration to his service, grade or post, shall be treated as a period spent on duty for any purpose. |
1.District Kanungo
2.Assistant District Kanungo
3.Office Kanungo
4.Field, Settlement, Colony ,Special Kanungo 5.Patwari Moharrir |
Collector |
Commissioner |
APPENDIX ‘C’
[Rule 8 (ii) ]
Examination
1.An examination of Kanungos shall be held once a year in about the month of June. It will be conducted by the Director of Land records, Punjab. Candidates (Kanungos directly recruited and permanent Patwaris) shall be examined in the following subjects:--
Paper I
(i) Standing orders 1 and 64 (paragraph 6 only).
(ii) Chapters 2, 3, 4 (part D) 7, 9, 10, 18, Paragraph 13, 16, and 20 so far it is connected with statements A, B, and C of the land Records Manual.
(iii) Appendices VII—IX and XXI of Deuies Settlement Manual—120.
Paper
II
Patwari ‘ Mensuration Manual 70
Paper
III
Arithmetic to the Middle School Standard 60
Paper
IV
Urdu Dictation and Caligraphy 50
Paper V
Rural Reconstruction
(for direct recruity only) 60
Total 360.
2. No person shall be considered as having passed examination unless he has obtained 50 per cent marks in each subject. A person who passes in any subject on the first attempt shall not be required to clear that subject again.
3. No person shall be given more than three chances to pass the examination.
Appendix
‘D’
[Rule 8(iii)]
Training
(1) A person directly recruited for appointment to the post of Kanungo shall be required to undergo practical training for one year in the Patwari School, if it is functioning, otherwise he will get this training with an experienced patwari to learn the duties of the mahal patwari. The Collector shall make arrangement for this purpose. After that, he will be attached with an experienced Field Kanungo for six months for training as Kanungo. During this period he will receive a subsistence allowance equal to the minimum of the time scale of the post of Kanungo.
2. Thereafter, he will be appointed as patwari in a district under settlement, or Colony or Killa Bandi or Consolidation of Holdings Operations for six months. If no district is under such operation, he will be posted as Patwari(Mahal) in his own district for a period of six months.
PUNJAB GOVERNMENT
REVENUE DEPARTMENT
NOTIFICATION.
The 4 th January, 1966
No. G.S.R.C.A. 17 /87 /S:-- With reference to the Punjab Government Revenue Department, Notification No, GSR. 225/ C.A.17 /1887 /S.28 / 65.dated the 10th September, 1965, and in exercise of the powers conferred by sub-section (1) of section 28 of the Punjab Land Revenue Act, 1887, the Governor of Punjab is pleased to make the following rules, namely:--
RULES
1. Short title, Commencement and application - (1) These rules may be called the Punjab Revenue Patwaris, Class III Service Rules, 1966.
(2). They shall come in to force at once.
(3) They shall apply to the posts specified in Appendix ‘A’ to these
rules.
2. Definitions. In these rules, unless the context otherwise requires------ (a) ‘Board’ means is Subordinate Services Selection Board, Punjab;
(b) ’Collector’ means the Collector of the
District and includes the Settlement Officer and the Colonization Officer ;
(c) ‘Commissioner’ means the Commissioner of
the Division or any other officer authorised by a general or special order of
Government to perform the functions of the Commissioner;
(d) ‘Direct appointment’ means an appointment
made otherwise than by promotion or by transfer of any official already, in the service of the
State Government.
(e)
‘Financial Commissioner’ means the
Financial Commissioner Revenue
or any other officer authorised by
a general or special order of Government to perform the functions of the
Financial Commissioner ;
(f) ‘Government’ means the Punjab Government in the Administrative Department;
(g) ‘Head of Department’ means the Director or Land Records, Punjab or any other officer who is declared as such ;
(h) ‘Patwari’ means a Revenue Patwari including an Assistant Patwari;
(i) ‘Recognised University’ means---------
(i) any University incorporated by law in any of the States of India ; or
(ii) in the case of degree or diplomas obtained as a result of examination held before the 15th ,August, 1947, the Punjab Sind or Dacca University; or
(iii) any other University which is declared by Government to be a recognised University for the purpose of these rules ;
(iv)‘Service’
means the Punjab Revenue Patwaris (Class III) Service.
3. Number and character of posts - The service shall comprise the posts shown in Appendix ‘A’ to these rules:
Provided that nothing in these rules shall affect the inherent right of the Government to add or reduce the number of such posts or create new posts with different designation and scales or pay whether permanently or temporarily.
4. Mode of acceptance of Patwari candidates. - (1) As and when a requisition is received by Board from the Collector the Board shall recommend to the Collector such number of candidates for acceptance as Patwaris Candidates as the Collector may specify in the requisition.
(2) For the purpose of direct
appointment to the Service a register of Patwari candidates shall be maintained
by the Collector in each district in which the names of Patwari candidates
shall be entered in the order in which they are recommended by the Board.
(3) The number of Patwari candidates that may be enrolled on the register of a district shall be such as may be determined by the Government from time to time.
5. Nationality, domicile, Character and age - (1) No person shall be accepted as a Patwari candidate, unless he is-
(a) a citizen of India , or
(b) a subject of Sikkim, or
(c) a subject of Nepal, or
(d) (a) a subject of Bhutan, or
(e) (b) a Tibetan refugee who came over to India before the 1st January, 1962 with intention of permanently settling in India;
(f) (c) a person of India, origin who has migrated, from Pakistan with the intention of permanently settling in India;
Provided that a candidate belonging to the categories (c), (d), (e) and (f) shall be a person in whose favour a certificate of eligibility has been given by the competent authority, and if he belongs to category (f) the certificate of eligibility will be issued for a period of one year, after which such a candidate will be retained in service subject to his having acquired Indian citizenship.
(2) A candidate in whose case a
certificate of eligibility is necessary may be admitted to an examination or
interview conducted by the Board or other recruiting authority on his
furnishing proof that he has applied for the certificate and he may also
provisionally be accepted as a candidate subject to the necessary certificate
being given to him by the competent authority.
(3) No person shall be accepted as a Patwari candidate unless he produces a certificate of Character from the Principal academic Officer of the University, college, school or institution last attended, if any, and similar certificate from two responsible persons not being his relative, who are well acquainted with him in his private life and unconnected with his University, college, school or institution.
(4) No person who is less than 17 years or more than 25 years of age or such age as may from time to time be fixed by Government for new entrant into service, shall be accepted as Patwari candidate;
Provided that in the case of
candidates belonging to the Scheduled Castes, Scheduled Tribes or other
Backward Classes, the Maximum age limit shall be such as may be fixed by
Government from time to time.
6. Disqualifications (i) No person, who is more than one wife living or who having a spouse living, marries in any case in which such marriage is void by reason of taking place during the life time of such spouse shall be eligible for being accepted as a Patwari candidate, and
(ii) No woman, whose marriage is void by
reason of the husband having a wife living at the time of such marriage or who
has married a person who has a wife living at the time of such marriage shall
be eligible for being accepted as a Patwari candidate:
Provided that the Government may, if satisfied that there are special grounds for so ordering, exempt any person from the operation of this rule.
7. Academic Qualifications - No person shall be accepted a Patwari candidate for appointment to the service unless he—
(i) (i) has passed Matriculation or Higher Secondary examination of a recognised University preferably with Agriculture as one of the subjects;
(ii) (ii) Possesses qualification in Hindi and Punjabi upto Middle standard as may be specified by the Government from time to time; and
(iii) (iii) has a good knowledge of a rural economy and culture.
7. 1. (1) Qualifications for appointment - No Patwari candidate shall be eligible for appointment to the service unless he qualifies the Patwari examination after attending the Patwari School for a minimum period of one year, and after training for a period of six months as may be specified by the Collector.
(2) If the candidate fails to pass the Patwari examination within a period of 3 years from the date of his acceptance as candidate his name shall be struck off from the register of candidates.
(3) Nothing in this rule shall apply to a candidate who has already passed the Patwari examination before he is accepted as a candidate and has also undergone practical field training as specified in sub-rule (1).
9. Appointing Authority - Appointing to the Service shall be made by the Collector.
10. Method of Appointment.- (1) Appointment to the Service shall be made:--
(a) in the case of Patwaris :
(i) (i) by promotion from amongst the Assistant Patwaris; or
(ii) (ii) by direct appointment from amongst the accepted patwari candidates, or
(iii) (iii) by transfer of an official already in the service of the State Government, and
(iv) (iv) by absorption of the retrenched or likely to be retrenched officials of the Punjab Consolidation Department (No. G.S.R. 5 P.A.17/ 87 /S.28/Amd (1), dated 7th,January, 1971);
(b) in the case of Assistant Patwaris, by direct appointment, from amongst the accepted Patwari candidates.
(2) When any vacancy arises, the appointing authority shall determine the method in which the same shall be filled in.
(3) All promotions shall be made by selection on the basis of seniority-cum-merit and seniority alone shall not give any right to appointment.
11. 11. Order in which appointments are to be made from amongst candidates- Appointment from amongst Patwari candidates shall be made in the order in which their names appear in the register of Patwari candidates.
Provided that pending receipt of names of candidates from the Board for which a requisition has been sent, the Collector may appoint patwaris on purely temporary basis, for such short duration as may be specified in the order of their appointment or till the candidates recommended by the Board become available, whichever be earlier, from amongst such persons as have already passed patwar examination and undergone the Practical field training as specified in sub-rule (1) of rule 8 and any such appointment shall not confer any right of regular appointment nor shall the period spent on such appointment count for the seniority even if the period of such appointment is followed by regular enrolment under rule 4.
12. Consequence of failure to join appointment - If a candidate, on appointment to the Service, is unable for any reason , other than the orders of Collector, to join his appointment within one month from the date of receipt of orders of appointment, the Collector may cancel the order of appointment and may also remove his name from the register.
13. Removal of name of patwari candidates from register - Without prejudice to the provisions of sub-rule (2) of rule 8, the Collector may at any time order the removal of the name of any person from the register of Patwari candidates for any reason which he may deem fit:
Provided that no order under this rule shall be passed without giving the candidate, whose name is sought to be removed, an opportunity of making any representation that he may desire to make, and unless such representation has been taken into consideration.
14. Probation - (1) Persons appointed to the Service shall remain on probation for a period of two years, if recruited by direct appointment, and one year if recruited otherwise :
Provided that:---
(a) (a) any period, after appointment to the Service spent on deputation on a corresponding or a higher post, shall count towards the period of probation fixed under this rule;
(b) (b) in the case of an appointment by transfer, any period of work on an equivalent or higher rank prior to appointment to the Service may at the discretion of the appointing authority ,be allowed to count towards the period of probation fixed under this rule; and
(c) (c) any period of officiating appointment in the Service shall be reckoned as a period spent on probation but no member who has thus officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent post.
(2) If the work or conduct of a person appointed to the Service during the period of probation is in the opinion of the appointing authority, not satisfactory, it may:---
(a) (a) dispense with his services, if recruited by direct appointment; or
(b) (b) if recruited otherwise;
(i) (i) revert him to his former post; or
(ii) (ii) deal with him in such other manner as the terms and conditions of his previous appointment permit.
(3) (3) On completion of the period of probation of a person, the appointing authority may,-
(a) if his work or conduct has, in the opinion, been satisfactory,-
(i) confirm such person from the date of his appointment if appointed against a permanent vacancy, or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy, or
(b) (b) if his work or conduct has not been, in its opinion, satisfactory:-
(i) (i) dispense with his services, if appointed by direct appointment, or if appointed otherwise, revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment permit, or
(ii) (ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation;
Provided that the total period of probation, including extension, if any, shall not exceed three years.
15. Seniority. The seniority inter se of members of service in each cadre shall be maintained district-wise and shall be determined by the length of continuous service on a post in that cadre:
Provided that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:--
(a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) a member appointed by promotion shall be senior to a member appointed by transfer;
(c) in case of members appointed by promotion or transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred; and
(d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing a higher rate of pay in his previous appointment, if the rate of pay drawn are also the same then by their length of such service in those appointments and if the length of such service is also the same, an older member shall be senior to a younger member.
Note1.—This rule shall not apply to persons appointed purely provisional basis pending their passing the qualifying tests.
Note2—In the case of
members whose period of probation is extended under rule 14, the date of
appointment for the purpose of this rule shall be deemed to have been deferred
to the extent the period of probation is extended.
16. Pay. The members of Service shall be entitled to such
scales of pay including special pay, if any as maybe authorised by Government from time to time. The scales of pay at present in force in
respect of specified posts are given in ‘Appendix ‘A’ to these rules.
17. Conduct. (1) In matters relating to conduct, the members of the Service shall be governed by the Government Servants Conduct Rules, 1966, as amended from time to time.
(2) Unless the Collector for reasons to be recorded in writing considers imposition of punishment lesser than dismissal, a member of the Service shall be liable to dismissal,-
(a) if he engages in trade or lends money to agriculturists or has any interest, direct or indirect, in such transaction either in his own circle or in any other circle; or
(b) (b) if he purchases land at auction sale without the previous sanction of the Head of Department. Such land shall be deemed to include agricultural land and land in town sites auctioned for building or other purposes ; or
(c) (c) if he receives any fee not authorised by instructions issued by the Government for the performance of any of his duties; or
(d) if he without sufficient cause fails to enter in the register of mutations:-
(i) any case of inheritance within three months of the entry of the death of the right holder in the Chaukidar’s register ;
(ii) any transfer by registered deed within one month of the receipt of the registration memorandum from the Field Kanungo ;
(iii) any case of consolidation of holdings within three months from the date of receipt of an order passed under section 21 or 42 of the East Punjab Holdings ( Consolidation and Prevention of Fragmentation) Act, 1948 ;and
(iv) any transfer by unregistered deed or by verbal transfer within six months of the date of the transaction, unless he can prove that he had no means of discovering the transfer at the first harvesting inspection which was made after the said date, or
(e) if he fails to produce the records when called upon by the consolidation staff unless he can give cogent reasons for not producing them; or
(f) if he introduces a client to a legal practitioner or in any way acts as an intermediary between inhabitants of his circle and legal practitioners, whether or not it is proved that he requested for or accepted any remuneration.
(g) if he fails to perform any duty entrusted to him by the Government not inconsistent with his overall role as a revenue official at the village level.
18. Discipline punishments and appeals. 18. (1) Save as otherwise provided in these rules, in matters relating to discipline , punishment, appeals and revisions, the members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1952, as amended from time to time subject to the modifications given in Appendix ’B’ to these rules:
Provided that the nature of penalties which may be imposed the authority empowered to impose such penalties, the appellate authority and second appellate authority shall be as specified in Appendix ‘C’ ,to these rules.
(2) The authority competent to pass an order under clauses © and (d) of sub-rule (1) of rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952, and the appellate authority shall also be as specified in Appendix ‘D’ to these rules.
19. Pension, Leave, travelling allowance and other matters. In respect of leave, pension, general provident fund, travelling allowance, compensatory allowance, joining time, subsistence allowance and all other matters not expressly provided for in these rules, the members of the service shall be governed by such rules and regulations as may have been or may hereafter be adopted or framed under the Constitution of India, or any law or rules made thereunder for other Class III Government employees.
20. Liability to transfer. Every member of the Service shall be liable to transfer under the orders of :--
(i) (i) Collector any where within the District, or
(ii) (ii) Head of Department anywhere within the State, or
(iii) (iii) Government anywhere within India under the administrative control of the Punjab Government.
21. Power to relaxation.
Where the Government is of the opinion that it is necessary or expedient
so to do, it may, by order, for reasons to be recorded in writing, relax any of
the provisions of these rules with respect to any class or category of persons.
22. Repeal and saving. The rules contained in paragraphs 3.2 to 3.12, 3.24 to 3.28, 3.38 to 3.46 to 3.47, 3.54, 3.56-A, 3.58, 3.60 and 3.61 of the Punjab Land Records Manual are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
A. L. FLETCHER
Secretary to Government Punjab,
Revenue department.
|
APPENDIX ‘A’ 1.Designatoin of the post
Scale of pay (i)Patwaris Rs.60-4-80/5-120/5-175 (ii)Assistant Patwaris Rs.50-3-80/4-100 (2)Number of posts in each district:- |
||
|
SN District |
Patwaris |
Assistant Patwaris |
|
1. Hissar 2.Rohtak 3.Gurgaon 4.Karnal 5.Ambala 6.Simla 7Kangra 8Hoshiarpur 9.Jullundur 10.Ludhiana 11.Ferozepur 12.Amritsar 13.Grudaspur 14.Patiala 15.Sangrur 16.Bhatinda 17.Mohindergarh 18.Kapurthala 19.Lahaul and Spiti 20.Kulu |
316 348 374 341 392 1 305 493 412 299 401 369 329 422 408 234 121 172 4 43
|
5 6 5 . . 6 . . 5 . . 4 4 6 18 11 . . . . . . . . . . . . . .
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APPENDIX ‘B’
(See rule 18)
1. In rule 4 after clause (i)add “(ia) fine”
2. In rule 8, between the figures and brackets “(i)” and “(ii)”, insert the figure, letter and brackets “(ia)”,
3. Omit rule 9.
4. In-sub rule (I) of rule 10, omit sub-clause (ii) of clause (a).
5. For rule 14, substitute the following:-
“14. Revision.- The Financial Commissioner or the Commissioner may suo moto or on an application made to him, call for and examine the records of any case in which a subordinate authority passed any order under rule 10 or has inflicted any of the penalties specified in rule 4 or in which no order has been passed or penalty inflicted and after making further investigation, if any, may confirm, remit, reduce or subject to the provisions of sub-rule (I) of rule 11 increase the penalty or subject to the provisions of rules 7 and 8 inflict any of the penalties specified in rule 4”.
6. In rule18 for sub-rule (1) substitute the following: -
(1) An appeal or application for revision may be withheld by an authority subordinate to the appellate authority or revisionary authority, as the case may be, if -
(a) it is an appeal or application for revision in a case in which under these rules, no appeal or application for revision lies; or
(b) it does not comply with the provisions of rule 16 ; or
(c) it is an appeal or a second appeal and is not preferred within sixty days of the date on which the applicant was informed of the order appealed against excluding the time spent in obtaining the copy of the said order and no reasonable cause is shown for the delay; or
(d) it is an application for revision and is not preferred within a period of ninety days of the date on which the applicant was informed of the order of the appellant authority excluding the time spent in obtaining the copy of the order sought to be revised and on reasonable cause is shown for the delay;
(e) it is a repetition of a previous appeal or application for revision and is made to the same appellate or revisionary authority by which such appeal or application for revision has been decided and no new facts or circumstances are adduced which afford ground for a reconsideration of the case.
Provided that in every case in which an appeal or application for revision is withheld the appellant or applicant shall be informed of the fact, and the reasons for it and a copy thereof forwarded to the appellate authority, if any, together with a copy of the appeal or application for revision so withheld:
Provided further that an appeal or application for revision withheld on account only of failure to comply with the provisions of rule 16 may be re-submitted at any time within one month of the date on which the appellant or applicant has been informed of the with holding of the appeal or application, and, if resubmitted in a form which complies with those provisions, shall not be withheld”.
|
APPENDIX ‘C’ [See rule 18(1)] |
|||||
|
Sr. No. |
Designation of the official |
Nature of penalty |
Punishing authority |
First appellate authority |
Second appellate authority |
|
1 |
Patwari, Assistant Patwari |
(i)Censure
(ii)Fine
(iii)Withholding of increments or promotion including stoppage at an efficiency bar, if any. (iv)Reduction to a lower post or time scale or to a lower stage in a time scale (v)Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders. (vi)Suspension
(vii)Removal from the Civil Service which does not disqualify from future employment. (viii)Dismissal from the Civil Service which ordinarily disqualifies from future employment. |
Tehsildar or an Assistant Collector, 1st Grade. Tehsildar upto a limit of Re.1 on any one occasion, Assistant Collector, 1st Grade upto a limit of Rs.2 on any one occasion, Collector upto a limit of Rs.20 on any one occasion. Collector
Collector
Collector
Collector
Collector
Collector |
Collector
Collector when the punishing authority is Tehsildar or Assistant Collector, 1st Grade
Commissioner when the punishing authority is Collector . Commissioner .
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner |
Commissioner
Commissioner when first appellate authority is Collector
Financial Commissioner when first appellate authority is Commissioner Financial Commissioner.
Financial Commissioner
Financial Commissioner
Financial Commissioner Financial Commissioner
Financial Commissioner |
|
APPENDIX ‘D’ [See rule 18(2)] |
|||||
|
Sr. No. |
Designation of the official |
Nature of orders |
Authority empowered to pass orders |
First appellate authority |
Second appellate authority |
|
1 2 |
Patwari Assistant Patwari |
(a) Reducing the maximum pension or withholding the whole amount of pension admissible under the rules governing pensions. (b)Terminating appointment otherwise than upon reaching the age for superannuation |
Collector |
Commissioner |
Financial Commissioner |
ANNEXURE B
[ Published in the Punjab Government Gazette, Legislative Supplement Ordinary, dated the 11th September,1970 ].
PUNJAB GOVERNMENT
GENERAL
ADMINISTRATION DEPARTMENT
Notification
The
3 rd September, 1970
No.G.S.R.87 / Const./Art. 187, 309 and 318 /70. --In supersession of Punjab Government notification No. GSR-33 /Const./Art. 187, 309 and 318 /69, dated the 6th March, 1969 and in exercise of the powers conferred by the proviso to article 309 and clause (b) of article 318 read with clause (3) of article 187 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab in consultation with the Speaker of the Punjab Vidhan Sabha , in so far as such consultation is necessary under the aforesaid provisions, is pleased to make the following rules, namely;-
THE PUNJAB CIVIL SERVICES (PUNISHMENT AND APPEAL)
RULES, 1970.
(10) The inquiring authority shall return as finding of guilt in respect of those articles of charge to which the Government employee pleads guilty.
(11) The inquiring authority shall if the Government employee fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Government employee may, for the purpose of preparing his defence,-
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents, specified in the list referred to in sub-rule (3);and
(ii) submit a list of witnesses to be examined on his behalf;
Note.- If the Government employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (3) the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the punishing authority.
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Government but not mentioned in the list referred to in sub-rule (3).
Note.- The Government employee shall indicate the relevance of the documents required by him to be discovered or produced by the Government.
(12) The Inquiring Authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the document by such date as may be specified in such requisition:
Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are in its opinion not relevant to the case.
(13) On receipt of the requisition referred to in sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall on being so informed, communicate the information to the Government employee and withdraw the requisition made by it for the production or discovery of such documents.
(14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the punishing authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government employee. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(15) If it shall appear necessary before the close of the case on behalf of the punishing authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government employee or may itself call for new evidence or recall and re-examine any witnesses and in such case the Government employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the date of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Government employee an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the Government employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.
Note:- New evidence shall not
be permitted or called for or any witness shall not be recalled to fill up any
gap in the evidence. Such evidence may
be called for only when there is an inherent lacuna or defect in the
evidence which has been produced
originally.
(16) When the case for the punishing authority is closed, the Government employee shall be required to state his defence orally or in writing as he may prefer. If the defence is made orally it shall be recorded and the Government employee shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.
(17) The evidence on behalf of the Government employee shall then be produced. The Government employee may examine himself in his own behalf if he so prefers. The witnesses produced by the Government employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the punishing authority.
(18) The inquiring authority may, after the Government employee closes his case, and shall, if the Government employee has not examined himself, generally question him on the circumstances, appearing against him in the evidence for the purpose of enabling the Government employee to explain any circumstances appearing in the evidence against him.
(19) The inquiring authority may, after the completion of the production of evidence hear the Presenting Officer, if any, appointed, and the Government employee or permit them to file written briefs of their respective cases, if they so desire.
(20) If the Government employee to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.
(21) (a) Where a punishing authority competent to impose any of the penalties specified in clauses (i) to (iv) of rule 5, but not competent to impose any of the penalties specified in clauses (v) to (ix) of rule 5 has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in clauses (v) to (ix) of rule 5 should be imposed on the Government employee, that authority shall forward the records of the inquiry to such punishing authority as is competent to impose the last mentioned penalties.
(b) The punishing authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice recall the witness and examine, cross-examine and re-examine the witnesses and may impose on the Government employee such penalty as it may deem fit in accordance with these rules.
(22) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an enquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and party recorded by itself:
Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.
(23) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain -
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) the defence of the Government employee in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the findings on each article of charge and the reasons therefor.
Explanation.- If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge:
Provided that the findings on such article of charge shall not be recorded unless the Government employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
(ii) The inquiring authority where it is not itself the punishing authority shall forward to the punishing authority the records of inquiry which shall include -
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted by the Government employee ; the course of the enquiry;
(d) written briefs, if any, filed by the Presenting Officer, or the Government employee or both during the course of the inquiry and
(e) the orders, if any, made by the punishing authority and the inquiring authority in regard to the inquiry.
Action on the inquiry report
9. (1) The punishing authority it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of rule 8 as far as may be.
(2) The punishing authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for each dis-agreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.
(3) If the punishing authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 5 should be imposed on the Government employee, it shall, notwithstanding anything contained in rule 10, make an order imposing such penalty:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the punishing authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the Government employee.
(4) (i) If the punishing authority having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 5 should be imposed on the Government employee, it shall -
(a) furnish to the Government employee a copy of the report of the inquiry held by it and its findings on each article of charge or where the inquiry had been held by an inquiring authority, appointed by it, a copy of the report of such authority and a statement of its findings on each article of charge together with brief reasons for its disagreement, if any, with the findings of inquiring authority ;
(b) give the Government employee a notice stating the penalty proposed to be imposed on him and calling upon him to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days, as may be allowed such representation as he may wish to make on the proposed penalty on the basis of the evidence adduced during the inquiry held under rule 8.
(ii)
(a) In every case in which it is necessary to consult the Commission the record
of the inquiry, together with a copy of the notice given under clause (i) and
the representation made in pursuance of such notice, if any, shall be forwarded
by the punishing authority to the Commission for its advice.
(b) The punishing authority shall after considering the representations if any, made by the Government employee, and the advice given by the Commission determine what penalty, if any, should be imposed on the Government employee and make such order as it may deem fit.
(iii) Where it is not necessary to consult the Commission the punishing authority shall consider the representation, if any, made by the Government employee in pursuance of the notice given to him under clause (i) and determine what penalty, if any, should be imposed on him and make such order as it may deem fit.
Procedure for imposing minor penalties.
10. (1) Subject to the provision of sub-rule (3) of rule 9, no order imposing on a Government employee any of the penalties specified in clauses (i) to (iv) of rule 5 shall be made except after -
(a) informing the Government employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;
(b) holding an inquiry in the manner laid down in sub-rules (3) to (23) of rule 8, in every case in which the punishing authority is of the opinion that such inquiry is necessary;
(c) taking the representation, if any, submitted by the Government employee under clause (a) and the record of inquiry, if any, held, under clause (b) into consideration;
(d) recording a finding on each imputation of misconduct or misbehaviour; and
(e) consulting the Commission where such consultation is necessary.
(2) The record of the proceedings in such cases shall include-
(i) a copy of the intimation to the Government employee of the proposal to take action against him;
(ii) a copy of the statement of imputations of misconduct or misbehaviour delivered to him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry;
(v) the advice of the Commission, if any;
(vi) the findings on each imputation of misconduct or misbehaviour ; and
(vii) the orders on the case together with the reasons therefor.
Communication of Orders
11. Orders made by the punishing authority shall be communicated to the Government employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the punishing authority and a copy of its findings on each article of charge, or, where the punishing authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings of the punishing authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by the Commission and where the punishing authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.
Common Proceedings
12. (1) Where two or more Government employees are concerned in any case the Governor or any other authority competent to impose the penalty of dismissal from service on all such Government employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
Note.- If the authorities competent to impose the penalty of dismissal on such Government employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.
(2) Any order under sub-rule (1) shall specify -
(i) the authority which may function as the punishing authority for the purpose of such common proceeding;
(ii) the penalties specified in rule 5 which such punishing authority shall be competent to impose:
(iii) whether the procedure laid down in rule 8 and rule 9 or rule 10 shall be followed in the proceedings.
Special procedure in certain
cases
13. Notwithstanding anything contained in rules 8,9,10,11 and 12--
(i) where any penalty is imposed on a Government employee on the ground of conduct which has led to his conviction on a criminal charge; or
(ii) where the punishing authority is satisfied for reasons to be recorded by it in writhing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules; or
(iii) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules, the punishing authority may consider the circumstances of the case and make such orders thereon as it deems fit:
Provided that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.
PART V
(APPEALS)
14. Orders against which no appeal lies. - Notwithstanding anything contained in this part, no appeal shill lie against--
(i) any order made by the Governor;
(ii) any order of an interlocutory nature or of the nature of step-in-aid to the final disposal of a disciplinary proceedings other than an order of suspension;
(iii) any order passed by an inquiring authority in the course of an inquiry under rule 8.
15. Orders against which appeal lies. - Subject to the provisions of rule 14 a Government employee may prefer an appeal against all or any of the following orders, namely:-
(i) an order of suspension made or deemed to have been made under rule 4;
(ii) an order imposing any of the penalties specified in rule 5 whether made by the punishing authority or by any appellate or reviewing authority;
(iii) an order enhancing any penalty imposed under rule 5;
(iv) an order which--
(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement;
(b) interprets to his disadvantage the provisions of any such rule or agreement;
(v) an order--
(a) stopping him at the efficiency bar in the time scale of pay on the ground on his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post to a lower service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof ; or
(e) determining his pay and allowances--
(i) for the period of suspension; or
(ii) for the period form the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time scale or stage in a time scale of pay to the date of his retirement or restoration to his service, grade or post, or
(f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale of pay or stage in a time scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.
Explanation.-- In this rule--
(i) the expression 'Government employee' includes a person who has ceased to be in Government service;
(ii) the expression 'pension' includes additional pension, gratuity and any other retirement benefit.
16. Appellate authorities.- A Government employee, including a person who has ceased to be a Government employee, may prefer an appeal against all or any of the orders specified in rule 15 to the authority specified in this behalf in the rules regulating his appointment and conditions of service.
17. Period of limitations of appeal. - No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days form the date on which a copy of the order appealed against is delivered to the appellant:
Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
18. Form and contents of appeal. - (1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain material statements and arguments on which the appellant relies but shall not contain any disrespectful or improper language, and shall be complete in itself.
(3) The authority which made to order appealed against shall on receipt of a copy of the appeal, forward the same with its comments thereon to gather with the relevant record to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.
19. Consideration of appeal. - (1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 4 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in rule 5 or enhancing any penalty imposed under the said rule, the appellate authority shall consider--
(a) whether the procedure laid down in these rules has been complied with, and if not, whether such non-compliance has resulted in the violation of any provision of the Constitution of India or in the failure of justice;
(b) whether the findings of the punishing authority are warranted by the evidence on the record; and
(c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe; and pass orders--
(i) confirming, enhancing, reducing or setting aside the penalty; or
(ii) remitting the case to the authority which imposed or enhanced the penalty or the any other authority with such direction as it may deem fit in the circumstances of the case :
Provided that--
(i) the Commission shall be consulted in all cases where such consultation is necessary;
(ii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 5 and an inquiry under rule 8 has not already been held in the case, the appellate authority shall subject to the provision of rule 13, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of rule 8 and thereafter, on a consideration of the proceedings of such inquiry and after giving the appellant a reasonable opportunity as far as may be in accordance with the provisions of sub-rule (4) of rule 9 of making a representation against the penalty proposed on the basis of the evidence adduced during such inquiry make such orders as it may deem fit;
(iii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 5 and an inquiry under rule 8 has already been held in the case, the appellate authority shall, after giving the appellant a reasonable opportunity as far as may be in accordance with the provisions of sub-rule (4) of rule 9 (of making a representation against the penalty proposed on the basis of the evidence adduced during the inquiry, make such orders as it may deem fit, and
(iv) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity as far as may be in accordance with the provisions of rule 10 of making a representation against such enhanced penalty.
20. Implementation of order in appeal. - The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.
PART VI
21. Review. - (1) Notwithstanding anything contained in these rules,--
(i) the Governor; or
(ii) the appellate authority, within six months of the date of the order proposed to be reviewed; or
(iii) any other authority, specified in this behalf by the Governor by a general or special order, and within such time as may be prescribed in such general or special order;
may at any time, either on his or its own motion or otherwise call for the records of any inquiry and review any order made under these rules or under the rules repealed by rule 25 from which an appeal is allowed, but from which no appeal has been preferred or from which no appeal is allowed, after consultation with the Commission where such consultation is necessary, and may -
(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or
(c) remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or
(d) pass such other orders as it may deem fit:
Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the Government employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of rule 5 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in those clauses, no such penalty shall be imposed except after an inquiry in the manner laid down in rule 8 and after giving a reasonable opportunity to the Government employee concerned of showing cause against the penalty proposed on the evidence adduced during the inquiry and except after consultation with the Commission, where such consultation is necessary.
PART VII -
MISCELLANEOUS
22. Service of orders, notices, etc.- Every order, notice and other process made or issued under these rules shall be served in person on the Government employee concerned or communicated to him by registered post.
23. Powers
to relax time-limit and to condone delay. - Save as
otherwise expressly provided in these rules, the authority competent under
these rules to make any order may, for good and sufficient reasons or if
sufficient cause is shown extend the time specified in these rules for anything
required to be done under these rules or condone any delay.
24.
Supply of copy of Commission’s advice. - Whenever
the Commission is consulted as provided in these rules, a copy of the advice by
the Commission and where such advice has not been accepted, also a brief
statement of the reasons for such non-acceptance, shall be furnished to
Government employee concerned with a copy of the order passed in the case, by
the authority making the order.
25.
Repeal and Saving. - The Punjab
Civil Service (Punishment and Appeal) Rules, 1952, and any notifications or
orders issued in so far as they are inconsistent with these rules, are hereby
repealed:
Provided that -
(a) such repeal shall not affect the
previous operation of the said rules or any notification or order made, or
anything done, or any action taken, there under ; and
(b) any proceedings under the said rules, pending at the commencement of these rules, shall be continued and disposed of, as far may be in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.
(2) Nothing in these rules shall be construed as depriving any person to whom these rules apply of any right of appeal which had accrued to him under the rules, notification or orders in force before the commencement of these rules.
(3) An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made in accordance with these rules, as if such orders were made and the appeal was preferred under these rules.
(4) As from the commencement of these rules any appeal or application for review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules :
Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or review provided by any rule in force before the commencement of these rules.
26.
Removal of doubts. - If any doubt
arises as to the interpretation of any of the provisions of these rules, the
matter shall be referred to the Governor or such other authority, as may be
specified by the Governor by a general or special order, and the Governor or
such other authority shall decide the same.
S. S. GREWAL,
Chief Secretary to Government, Punjab.
Annexure C
Form No. 1
Statement of immovable property (e.g. Lands, Houses, Shops, other Building, etc.)
Year ________
|
SN |
Description of property |
Precise location (Name of the District, Division, Taluk and Village in which the property is situated and also its distinctive number, etc.) |
Area of land (in case of land and buildings) |
Nature of land (in case of landed/property) |
Extent of interest |
If not in own name, state in whose name held and his/her relationship, if any, to the Government employee |
Date of acquisition |
How acquired? (Whether by purchase, mortgage, lease, inheritance gift or otherwise and name with details of person/persons from whom acquired)address and connection of the Government employee if any, with the person/persons concerned) (Please see Note 1 below) |
Value of the property (see Note 2 below) |
Particulars of sanction of prescribed authority, if any |
Total annual income from the property |
Remarks |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
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Date : ________________
Signature
Notes
- (1) For purpose of column 9, the term "lease" would mean a lease of
immovable property from the year or for any term exceeding one year or reserving
a yearly rent. Where, however, the lease
of immovable property is obtained from a person having official dealings with
the Government employee, such a lease should be shown in this column
irrespective of the term of the lease, whether it is short-term or long-term,
and the periodicity of the payment of rent.
(2) In column 10 should be shown-
(a) Where the property has been acquired by purchase, mortgage or lease, the price or premium paid for such acquisition;
(b) Where it has been acquired by lease, the total annual rent thereof also ; and
(c) Where the acquisition is by inheritance, gift or exchange, the approximate value of the property so acquired.
Form No. II
STATEMENT OF
LIQUID ASSETS
(i) Cash and Bank balances exceeding 3 months' emoluments,
(2) Deposits, loans advanced and investments (such as shares, securities, debentures, etc.)
|
SN |
Description |
Name and address of Company, Bank, etc. |
Amount |
If not in own name, and address of person in whose name held and his/her relationship with the Government employee |
Annual Income derived |
Remarks |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
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Date: Signature
Note : 1. In column 7, particulars regarding sanctions obtained or report made in respect of the various transactions may be given.
Note : 2. The term 'emoluments' means the pay and allowances received by the Government employee.
Form No. III
STATEMENT OF
MOVABLE PROPERTY
|
SN |
Description of Items |
Price or value at the time of acquisition and/or the total payment made upto the date of return as the case may be, in case of articles purchased on hire-purchase or instalment basis |
If not in own name, name and address of the person in whose name and his/her relationship with the Government employee |
How acquired with the approximate date of acquisition |
Remarks |
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1 |
2 |
3 |
4 |
5 |
6 |
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Date
Signature
Note
: 1- In this Form information may be given regarding items like (a) jewellery
owned by him/her (total value) (b) silver and other precious metals and
precious stones owned by him/her not forming part of jewellery (total
value); (c) (i) Motor cars, (ii)
Scooters/Motor Cycles, (iii) Refrigerators/air-conditioners : (iv)
radio/radiograms/television sets and any other articles, the value of which
individually exceeds Rs. 1,000 ; (d)
Value of items of movable property individually worth less than Rs. 1,000 other
than articles of daily use such as clothes, utensils, books crockery, etc.
added together as lump sum.
Note 2. - In column 5, may be indicated whether the property was acquired by purchase, inheritance, gift or otherwise.
Note 3. - In column 6, particulars regarding sanction obtained or report made in respect of various transactions may be given.
FORM NO. IV
STATEMENT OF
PROVIDENT FUND AND LIFE INSURANCE POLICY
|
Insurance Policy |
Provident Funds |
|
SN |
Policy No. and date of policy |
Name of Insurance Company |
Sum Insured/ date of maturity |
Amount of annual premium |
Type of Provident Fund/GPF/ CPF Account No. |
Closing balance as last reported by the Audit/ Accounts Officer along with date of such balance |
Contributions made subsequently |
Total |
Remarks (if there is dispute regarding closing balance, the figure, according to the Government employee should also be mentioned in this column) |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
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FORM NO. V
STATEMENT OF DEBTS
AND OTHER LIABILITIES
|
SN |
Amount |
Name and address of creditor |
Date of incurring liability |
Detail of Transaction |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
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Date
:
Signature
Note 1 - Individual items of loans not exceeding three months' emoluments or Rs. 1,000 whichever is less, need not be included.
Note 2 - In column 6, information regarding permission, if any, obtained from or report made to the competent authority may also be given.
Note 3 - The term "emoluments" means pay and allowances received by the Government employees.
Note 4 - The statement should also include various loans and advances available to Government employees like advance for purchase of conveyance, house building advance etc. (other than advances of pay and travelling allowance) advances from the G.P. Fund, and loans on Life Insurance Policies and fixed deposits.
*THE PUNJAB CIVIL
SERVICES (PREMATURE
RETIREMENT) RULES,
1975.
Rules framed by the Punjab
Government under Article 309 of the Constitution of India and all other powers
and with the previous approval of the Central Government under sub-section (7)
of section 115 of the States Re-organisation Act, 1956 and sub-section (6) of
section 82 of the Punjab Reorganization Act, 1966.
1.Short
title and commencement. - (1) These Rules
may be called the Punjab Civil Services (Premature Retirement) Rules, 1975.
(2) They shall come into force at once.
(3) They shall not apply to the Secretarial staff of the Legislative Assembly.
2. Definitions. - In these rules, unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them, that is to say -
(1) "appropriate authority" means the authority which has the power to make substantive appointments to the post or service from which the Government employee is required or wants to retire or any other authority to which it is subordinate.
(2) "employee" means any person appointed to public services and posts in connection with the affairs of the State of Punjab, excluding those listed in rule 7.
(3) 'qualifying service' means service qualifying for pension.
3.
Premature Retirement. - (1)(a) The
appropriate authority shall, if it is of the opinion that it is in public
interest to do so, have the absolute right, by giving an employee prior notice
in writing, to retire that employee on the date on which he completes
twenty-five years of qualifying service or attains fifty years of age or on any
date thereafter to be specified in the notice.
(b) The period of such notice shall not be less than three months :
Provided that where at least three
months' notice is not given or notice for a period less than three months is
given, the employee shall be entitled to claim a sum equivalent to the amount
of his pay and allowances, at the same rates at which he was drawing them
immediately before the date of retirement, for a period of three months or, as
the case may be, for the period by which such notice falls short of three months.
(2) Any Government employee may, after giving at least three months' previous notice in writing to the appropriate authority retire from service on the date on which he completes twenty-five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:
Provided that no employee under suspension shall retire from service except with the specific approval of the appropriate authority.
(3) (a) At any time after an employee has completed twenty years of qualifying service, he may, by giving notice of not less than three months in writing to the appropriate authority, retire from service.
(b) The notice of voluntary retirement given under this sub-rule shall require acceptance by the appropriate authority.
(c) Where the appropriate authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
(4) The employee, who has elected to retire under sub-rule (2) or sub-rule(3) and has given the necessary notice to that effect to the appropriate authority, shall be precluded from withdrawing his notice except with the specific approval of the appropriate authority :
Provided that the request for withdrawal shall be made before the intended date of his retirement.
Note 1 - A notice of less than three months may also be accepted by the appropriate authority in deserving cases, with the concurrence of the State Government in the Department of Personnel and Administrative Reforms.
Note 2 - If an employee retires under sub-rule (2) or (3) above while he is on leave not due, without returning to duty, the retirement shall take effect from the date of commencement of the leave not due and the leave salary paid in respect of such leave shall be recovered as provided in rule 8.119 (d) of the Punjab Civil Services Rules, Volume I, Part I.
Note 3 - In computing the notice period of three months referred to in rule 3, the date of service of the notice and the date of its expiry shall be excluded."
4. 4. (1) A retiring pension and death-cum-retirement gratuity shall be granted to an employee who retires or is required to retire under rule 3.
(2) While granting proportionate pension and gratuity to an employee retiring under sub-rule (3) of rule 3, his qualifying service, as on the date of intended retirement shall be increased by period not exceeding five years, so however, that the total qualifying service of the employee would have completed had he retired on the date of his superannuation, whichever be less.
(3) The pension and gratuity of the employee retiring under sub-rule (3) of rule 3 shall be based on the emoluments as defined in rule 6.19-C and 6.24 of the Punjab Civil Services Rules, Volume II, and the increase in his qualifying service under sub-rule (2) shall not entitle him to any national fixation of pay for purposes of calculating pension and gratuity.
(4) The amount of pension to be granted after allowing increase in the qualifying service under sub-rule (2) shall be subject to the provisions of rules 2.2. and 6.4 of the Punjab Civil Services Rules, Volume II..
5. Overriding effect. - The provisions of these rules shall have effect not-withstanding anything inconsistent therewith contained in any other rules for the time being in force.
6. Repeal.- All rules regulating the conditions of service as respects premature retirement of persons appointed to public services and posts in connection with the affairs of the State of Punjab, in force immediately before the commencement of these rules, are hereby repealed :
Provided that -
(a) such repeal shall not effect the previous operation of the rules hereby repealed or anything done, or any action taken, thereunder;
(b) any proceedings under the rules hereby repealed, pending at the commencement of these rules shall be continued and disposed of in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.
7. Saving. - Nothing in these rules shall apply to the members of the All India Services.
8. Interpretation . - If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Governor by a general or special order and the Governor or such other authority shall decide it.
POLICY AND
PROCEDURE REGARDING VIGILANCE
ENQUIRIES AND
VIGILANCE CASES.
The following instructions have been
issued by the Government laying down the policy and procedure relating to
vigilance enquiries and vigilance cases :-
(i) It has been decided that the Vigilance Bureau should be enabled to concentrate its attention on enquiries relating to Gazetted Officers. Hence in future, as a general policy, the responsibility for dealing with any fresh complaints of corruption against non-gazetted officers will ordinarily lie with the concerned Heads of Departments. If such a complaint is received directly in the Vigilance Bureau, it will transmit it to the concerned department for disposal. The following will be the exceptions to this general approach :-
(a) Where the complaint against a non-gazetted officer is an integral part of a complaint against a gazetted officer ;
(b) Where the executive department feels that it will not be possible to effectively probe into the complaint and, therefore, desires the Vigilance Bureau to undertake the enquiry.
(ii) According to the present procedure, where in a case it becomes necessary to launch criminal prosecution and obtain sanction in respect of a non-gazetted officer, the Vigilance Bureau routes such a proposal through the Vigilance Department. In future, the Vigilance Bureau will be competent to refer such proposal directly to the Head of Department concerned for necessary action.
(iii) In cases where non-gazetted officers are arrested by the Vigilance Bureau in criminal cases, the Bureau will henceforth be competent to inform the concerned department directly.
(iv) Henceforth the Vigilance Bureau will have the authority to arrest Class II gazetted officers in trap cases and merely send information to the Government in the Vigilance Department. For the rest of the gazetted officers in other cases, the present practice of obtaining sanction of Government will continue.
(v) Where, on a complaint received by it, the Government in the Vigilance Department order a regular enquiry against a gazetted officer and a prima facie criminal case is made during the enquiry, it will not be necessary that the whole enquiry should be completed. A criminal case may be registered at that very stage and the rest of the probe may be completed during the investigation of the criminal case.
(vi) As at present, prior permission of Government will continue to be necessary before the Vigilance Bureau registers a regular enquiry/criminal case against gazetted officers.
(vii) Where a raid on the residence of a gazetted officer is considered necessary, the concerned officer of the Vigilance Bureau should obtain the approval of the Director of Vigilance Bureau if the raid is to be organized at the residence of Class II officers. In the case of raid at the residence of Class I officers, prior permission of Government will be necessary.
(issued
by the Chief Secretary to Government, Punjab - vide No. 2293 - V(3)-78/4245,
dated May 9, 1978).
The above instructions were supplemented by another letter issued by the Vigilance Department - vide No. 19(1) 79-V(3)/9135 dated October 15, 1979, which are to the following effect:-
(i) The Administrative
Departments/Heads of Departments themselves should continue to exercise full
vigilance on the work and conduct of the Government employee working with
them. The designated Vigilance Officers
and also Heads of the Directorates may maintain registers indicating complaints
received against their employees and action taken in the matter. The complaints and final reports of enquiries
referred by the Vigilance Department may also be noted in these registers. They should send periodically returns in
appropriate pro forma (to be prescribed by the Vigilance Department) to
the Vigilance Department. Secretary
Vigilance along with I.G. Vigilance should also hold periodical review meetings
with the Vigilance Officers of various Departments. Once in a period or so, a meeting would also
be convened at the level of Chief Secretary with Secretary Vigilance and all
Administrative Secretaries for a general review.
(ii) At present non-gazetted staff
in various departments are beyond the purview of the Vigilance Bureau. It has been decided that while the Vigilance
Bureau may continue to primarily deal with important cases involving senior
officers, it should not be barred from making enquiries against N.G.Os. However, such enquiries in regard to N.G.OS
should ordinarily not exceeding 5 to 10 and cover serious allegations of
disproportionate assets, cheating, forgery, embezzlement of funds and
misappropriation etc. While the bulk of the cases in regard to non-gazetted
staff may appropriately continue to be handed by the concerned departments, the
selective entry of the Vigilance Bureau in the field should have a healthy
deterrent powers regarding registration of enquiries and cases against
N.G.Os. But sanctions would be given at
the level of S.P. Vigilance. On the
basis of evidence collected during investigation of regular enquiry or a
criminal case as to what further necessary action is to be taken should,
however be decided by the Vigilance Department.
(iii) In regard to procedural
matters which impede the progress of enquiries with the Inquiry Officer it has
been decided inter-alia that the District Attorney attached with the
Inquiry Officer may act as the Presenting Officer for all enquiries which are
referred direct by the Administrative Departments to the Inquiry Officer
(Vigilance).
(iv) It has been decided that in the
interest of clean administration vigilance clearance certificate may henceforth
be made a pre-requisite in all cases of promotions, empanelment, retirement and
deputation on foreign training etc. of Government employees.
Para (iv) of the instructions issued on 15th October, 1979 has further been modified by the instructions issued on 10th January, 1980 to the following effect:-
"In future Vigilance clearance certificate in respect of integrity would be pre-requisite in all cases of promotions, empanelment and deputation on foreign training etc. of Class I State Service Officers (including promotion of Class II Officer to Class I) and All India Service Officers. For the remaining employees, the necessary clearance certificate may be taken by the Departments concerned from their own Chief Vigilance Officers who will keep necessary liaison with the Vigilance Department.
The Vigilance Clearance certificate before retirement shall continue to be obtained from the Vigilance Department in respect of all Gazetted Officers as at present before sanction of pension/Gratuity.
(Punjab
Government Vigilance Department U.O. No. 19(1)79-V(8) dated 10th January, 1980)
INSTRUCTIONS REGARDING
REDRESS OF PUBLIC
GRIEVANCES
It has been decided that officers at
all levels should pay personal attention to this work. In super session of all previous directions
except where indicated to contrary the following instructions and procedures will
be observed at the State and the lower levels :-
(i) All anonymous and pseudonymous
complaints should be rejected and destroyed.
(ii) In regard to complaints which are entertained the authority competent to punish should be assigned the duty of the disposal of the complaint.
(iii) The complainant should while representing to the higher authority, give a statement to the effect that he has approached the lower authorities and failed to get redress of his grievances; provided that in case of any allegation of corruption a proper affidavit should be required.
*(iv) Normally a complaint/grievance should be disposed of in period not exceeding four weeks but where, after fact finding and preliminary enquiry action against delinquent official is to be taken, then the process should be completed within three months. Efforts, however, should be made to dispose a complaint earlier.
(v) All complaints should be acknowledged within a week of their receipt, without fail.
(vi) It may not be possible for all complaints and petitions to be inquired into by Gazetted Officers as the number of such complaints/petitions runs into several thousands. But it should be ensured that enquiries are not passed down below the level of a Naib-Tehsildar/S.H.O. or an officer of equivalent status in other departments.
[*Substituted - vide Punjab Government Removal of Grievances Department, letter No. 7/19/81-P.G.O./2551, dated 25th February, 1982.]
(vii) Where complaints prove to be false or malicious, action to
prosecute the complainant should be taken at the appropriate level.
2. In prescribing procedures for dealing with public grievances, Government has the following objects in view:-
(a) Grievances must be removed at the lowest level by the officers competent to do so, and as speedily as possible;
(b) If the concerned competent officer is not able to remove a grievance or is delaying action, his departmental superior should be able to take prompt action; and
(c) When the grievance is against an order passed by the Administrative Departments, a review at Government level will be made, if necessary.
3. The functions of the Grievances Department are as under:-
(1) To advise and assist the Heads of Departments and Deputy Commissioners in setting up arrangements for quick disposal of public grievances.
(2) To ensure that Government instructions for prompt redress of public grievances are carried out in all departments and districts.
(3) To undertake inquiries in cases of undue delay or urgent nature.
(4) To study the causes of major grievances and to propose remedies where possible.
(5) To suggest ways and means to improve the machinery for the removal of public grievances.
4. The grievances department will entertain complaints from the public. It will also entertain complaints from retired officials regarding their pension arrears, Pay fixation, etc. It will not entertain complaints from serving officials, but if any such complaints are received they will be brought to the notice of the Head of Department, Secretary or the Minister, as necessary.
5. The department will have jurisdiction to make enquiries in all Government Departments except the Judiciary. The complaints against Local Bodies, State Undertakings and Statutory Bodies will not be enquired into by this organisation unless specially required by the Chief Secretary, Minister-in-charge or the Chief Minister. Enquiries into the complaints against all officers/officials of the State Government including Heads of Departments and Secretaries to Government can be made by this organisation. In cases of enquiries against heads of departments and secretaries to government, prior permission of the Chief Secretary will, however, be obtained before an enquiry is undertaken.
6. (i) The Director of Removal of Grievances may receive complaints directly or through Ministers and Secretaries to Government. No officer below the rank of Secretary shall refer a complaint to Director of Removal of Grievances.
(ii) The Director will decide in what manner all such complaints as have been dealt with at the District level and are still pressed for consideration at the State level will be disposed of. In the case of urgent and serious complaints, the Director may ask the Head of the Department or the Administrative Secretary to make enquiries and furnish a report within a stipulated period. In all other cases where complaints of any Government officer are invited by the Director, these should be made available to him within 15 days.
(iii) The Director is authorised to address any officer of the Government directly and to obtain information relevant to the inquiry. Copies of such communications and replies sent by the officers should be endorsed to Head of Departments.
7. The director and his officers can for the purpose of making these enquiries: -
(i) requisition particular files, documents, etc;
(ii) take possession of the files, documents and papers;
(iii) require any person or officers/officials for assistance in the enquiry;
(iv) inspect various offices if there are complaints of persistent delays; and
(v) record statements of members of the public and officers, or where it is not considered necessary record statements, ask the Secretaries and Heads of the Departments to send their statements in writing regarding any particular matter.
8. (i) After the preliminary enquiry has been made the Director in case of gazetted officers, may recommend the Administrative Department, and in case of non-Gazetted Officers to the Head of the Department or Head of the office concerned, to suspend or charge-sheet the officer/official concerned. It will be the responsibility of these authorities to call the explanation of the delinquents under the Punjab Civil Service Rules or other corresponding rules and to award suitable punishments.
(ii) The powers of suspension and of charge-sheeting will not lie with the Director. The Director will normally recommend to the concerned appointing authorities or Head of the Department, the suspension or charge-sheeting of the delinquents.
(iii) Normally the concerned authorities shall agree with the Director. If they disagree or do not comply with the recommendations within the time limit fixed by the Director, the Director will bring the fact to the notice of the Chief Minister for further orders.
9. The Director may recommend changes in law, rule, precedents, procedures, etc., if he feels that change would bring about expeditious disposal of work or lead to removal of grievances.
10. If, while making an enquiry, it is found by the officers of the Organisation that a criminal case is made out in any particular matter, the concerned Head of Department or his subordinate officers will be required to lodge a report with the Police or the Vigilance Department.
11. The existing powers of all Secretaries to Government of Heads of Departments or other officers to enquire into the affairs in their own Departments shall continue as they are. The Directorate for Removal of Grievances will only supplement their efforts. The Secretaries to Government, Heads of the Departments or other officers shall not cease to assume responsibility for the proper conduct of their departments or to enquire into the complaints made directly to them against their own officers. To give satisfactory service to the public it is most important that all the concerned departments which have dealings with public must feel more responsive to public grievances.
12. If any officer or official or the State Government or a Government controlled undertaking fails to comply with these orders the failure shall be treated as misconduct punishable under the Punjab Civil Services (Punishment and Appeal) Rules, or other corresponding rules.
13. (i) The Director has prescribed suitable periodical returns which will enable the Government and Heads of Departments to exercise better supervision over disposal of public grievances. The four proformas already prescribed for sending periodical statements should continue. These are to be used, respectively, in the offices:-
(i) below the district level,
(ii) at the district level,
(iii) at the divisional level
(iv) by Heads of Departments.
(ii) The dates on which the returns
are to reach various quarters should be strictly complied with. The note appended to each statement should be
carefully studies.
(iii) At present periodical meetings are held by the Ministers with their Secretaries and the Heads of Departments to review the working of their departments. The quarterly progress report of complaints received in each department should also be reviewed in these meetings. Decisions could be taken in these meetings which would enable the causes which give rise to specific categories of complaints or which may enable the departments to deal with the complaints more expeditiously. Statement No. 4(already prescribed) should be sent by each Head of Department before the 10th of month succeeding each quarter to the Administrative Secretary, Deputy Minister and the Minister-in-charge of the Department. A copy of the Statement should also be sent to the Director of Removal of Grievances, Punjab.
(iv)The departments should also
include a special paragraph in their Annual Administration Reports regarding
the progress in the disposal of complaints and steps taken for the removal of
grievances during the year under report.
(v) The Director of Removal of Grievances will also place an annual review of the disposal of complaints in various departments before the Council. Quarterly statement regarding the work done by the organisation will also be submitted to the Chief Secretary and the Chief Minister for their information.
14. A Public Grievances Office will be set up
in the Secretariat Building. A Public Grievances Officer of the status of an
Under-Secretary will be in charge of the office. It will function in the
following:-
(i) Any member of the public with a complaint or grievances may see the Public Grievances Officer. In case of serious complaints, or complaints of serious delay, the complainant may see the Director of Removal of Grievances. The aggrieved person seeking redress must mention in writing that he has exhausted all the avenues of redress at the district or the departmental level.
(ii) If the complainant wants some information, it should normally be supplied within a week by the P.G.O. In all the cases the P.G.O. will indicate a definite date when the complaint should call again to receive the information. Simultaneously the P.G.O. will issue a requisition to the concerned department, to elicit the required information.
(iii) Members of the public will not be allowed to visit the branches for finding out position of their cases, or for procuring information (Such visits cause interruption of work and encourage other malpractice's). In case a member of the public wants to see any officer/ official in connection with a complaint, he will obtain a chit from the P.G.O. authorising him to seek such an interview.
(iv) It shall be the responsibility of the Branch Officer to return the P.G.O. requisition within the stipulated period along with the required information.
(v)
All over- due requisitions will
be brought to the notice of the
Administrative Secretary through the Director of Removal of Grievances. If the slip is not returned within the next 24
hours, the matter will be brought to
the notice of the Chief Secretary.
(vi) If the information cannot
be had from the Secretariat, the appropriate officer will be
addressed. It will be his responsibility to supply the required information within
seven days. An overdue requisition will again be brought to the notice of Chief Secretary.
(vii) Where the Department has
failed to take action on a complaint, the case would be brought to the notice
of the Minister-in-charge/Chief
Minister as necessary.
(viii) Where the complainant is not satisfied with the action taken by the department, the Director of Removal of Grievances will call for the files and submit the case to the Minister-in-charge/Chief Minister as necessary, after discussion with the Administrative Secretary/Head of Department. These files may be made available within 48 hours of the requisition.
(ix) In Special and rare cases, the Director of Removal of Grievances may make inquiries on the spot.
(x) Complaints of corruption will continue to be handled by the Vigilance Department.
15.
(1) (i) As already directed, the District
Public Relations and Grievances Committees stand abolished. Instead, a District
Vigilance Committee will be constituted in each district and will consist of the
following :--
Chairman …….Deputy Commissioner
Members …….All M.Ps., M.L.As.
and M.L.Cs. from the district. President
of the Municipal Committee at the
district headquarters. Chairmen of the
Zila Parishad, Representatives of each
of the Political Parties in the district
(only such parties will be allowed representations as have been recognised by
the Election Commission. D.C. will
address the President of the
district units of such parties and ask them to intimate the name of the
person who would represent the party on the
Vigilance Committee ). Secretary
of the district Sailors, Soldiers and
Airmen's Board.
(ii) The function of this committee
is to ensure that all grievances are properly looked into. Where any
nonofficial member is not satisfied with the result of an
enquiry, the Deputy Commissioner may entrust the matter to the Public
Grievances Officer of the District and get it reinvestigated in consultation
with the member complaining.
(iii) The District Officer, Heads of Departments or their representatives should be required to be present in the meetings of the District Vigilance Committee only when the agenda items concerning their departments or offices are being dealt with. Officers who are members of this Committee should not send their deputies. They should attend these meetings personally.
(iv) The meetings of the District Vigilance Committee should be held on the fifth of each month, except when it happens to be a holiday in which case it should be held on the next working day.
`(v) Complaints received by various departments at the district level directly from the public should be reviewed every month in the meetings of District Vigilance Committee. A statement showing the number of such pending complaints should be placed before the Committee every month.
(2) Every Deputy Commissioner will appoint a senior EAC/ A.C. to work as Public Grievance Officer (P.G.O.). Whenever possible this officer shall be a senior Magistrate.
(3) The office of Public Grievances Officer should be located in an easily accessible place in the Deputy Commissioner's office, preferably near the main entrance. There should be sign-boards at all the entrances indicating that members of the public may see the P.G.O. for the redress of their complaints.
(4) One of the Assistants of the P.G.O. should sit at a window, which should be used as an information counter for supplying routine information, e.g., members of the public may want to know where to apply for licences or permits, where to obtain forms etc. Dealings with public should be handled in the following manner:--
(i) The P.G.O. should meet and hear persons complaining of delay in the disposal of their cases as also those complainants who want to know the position of their applications, etc.
(ii) The P.G.O. or the Assistant on duty should write down the information required on a special P.G.O. slip, (already prescribed), which should be signed by the complainant. This should take about three to five minutes per complaint. He will also tell the complainant to call again after four days, if necessary .
(iii) All the P.G.O. slips should be handed over to the officers-in-charge of the various branches two or three times a day. The P.G.O. slips must be returned by each Branch Officer with the requisite information within 48 hours of receipt. The P.G.O. can then give the necessary information to the complainant when he calls for it.
(iv) It must be made clear to all Branch Officers that replies like “papers not available", action being taken etc., will not be entertained. Each Branch must clearly give the date when the case is expected to be finalized. In fact they should try to dispose of the case while returning the P.G.O. slip and send information directly to the complainant so that he does not have to call again.
(v) The P.G.O.'s staff should bring to the notice of the Public Grievances Officer all overdue P.G.O. slips every morning . The Public Grievances Officer will take up the matter personally with the Branch Officer concerned and ask him to take necessary action. If satisfactory action is not taken in the next 24 hours, he should bring the matter to the notice of the Deputy Commissioner. The Deputy Commissioner can and should then pull up the concerned branch/official.
The arrangement will introduce considerable efficiency in the disposal of routine matters which are at present being delayed and give rise to corruption and complaints.
In case of complaints of irregularities, injustice, harassment and serious delays-
(a) the P.G.O. will forward the complaint to the concerned officer (including other district Heads) under his own signatures. He will be entitled to call the files and give his views to the Deputy Commissioner, where the Deputy Commissioner is competent to pass final orders. It may be possible for the district Head to review or revise his decision. Where this is not possible, the P.G.O. will bring the case to the notice of the Deputy Commissioner and if the Deputy Commissioner is satisfied that there is justification in the complaint he can himself talk to the district Head. If the complainant is not given satisfaction in spite of this, the Deputy Commissioner should bring the matter to the notice of departmental superiors of that particular district officer or being it to the notice of the Government. This is a very important and a rather delicate role of the Public Grievances Officer. It should be made clear by the Deputy Commissioner and by the P.G.O. himself to all their colleagues of the other departments that the object of these arrangements is not to have parallel supervision or interference in the work of their departments. The object is merely to assist departments in removing public dissatisfaction and if legitimate grievances of the public are removed at the district level, the number of complaints pressed at the State level will automatically be reduced.
(b) The P.G.O. will pursue complaints with D.S.D.Os, Tehsildars and other heads of offices and ensure that these are disposed of expeditiously and in any case within a month from the date of receipt of the complaints. The P.G.O.’s office should do its own diary and despatch etc. so that the usual delays in issuing letters are eliminated.
(c ) So far as removal of classified complaints is concerned (i.e., where irregularities, unjust decisions are involved ) there should be a direction to all Heads of Offices to supply the relevant files to the P.G.O. within 48 hours of the requisition.
(d) The P.G.O. should also study the working of other district offices and should discuss with them their procedures, etc. The emphasis should be more on understanding each other's point of view, while ensuring that an individual does not suffer on account of capricious irregular application of rules. A tactful P.G.O. should be able to get most of the problems solved in this manner.
Complaints of corruption generally take more time to deal with because of the nature of evidence required for initiating action. It will thus be useful if, on receipt of information, the P.G.O. can make a dash to the spot and catch some official red-handed. This will have a salutory effect. However, this should be sustained as a continuous feature, otherwise the effect will quickly be lost. P.G.O. will pursue these complaints with special care.
The Deputy Commissioner and the Superintendent of Police and other district officers, as the Deputy Commissioner may consider necessary, should undertake joint tours. In the Sub-Divisions, the Sub-Divisional Officers and Deputy Superintendents of Police should also accompany them. The Deputy Commissioner and the Superintendent of Police should make a report about these tours to the Commissioner and the Deputy Inspector-General of Police. All district officers should spare an hour each day to go into the complaints of the people.
Commissioners of Divisions should review the progress of complaints periodically. They are expected to give suitable advice to the Officers or take such action as they consider necessary in order to expedite the removal of grievances.
[
Issued by Chief Secretary to Government,
Punjab,---vide letter NO.500/OG/67/8920,
dated May 3, 1967. ].
PRINCIPLES TO BE FOLLOWED IN
REGARD TO ACTION TO BE TAKEN IN CASES WHERE GOVERNMENT EMPLOYEES ARE CONVICTED
ON A CRIMINAL CHARGE.
With the intention of laying down clear and self-contained guidelines for the Departments as to how to proceed in the cases of employees convicted on a criminal charge, Government have determined the following principles inter alia on the lines of Government of India's policy :--
(a) Under Rule 13 (i) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, the Punishing Authority may consider circumstances of the case and make such orders thereon as it deems fit where any penalty is imposed on a Government employee on the ground of conduct which has led to his conviction on a criminal charge, provided that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case. In accordance with the aforesaid rule, therefore, the Punishing Authority may consider the circumstances of the case and make such orders thereon as it deems fit. It is not necessary that in every case where a Government employee is convicted by a Court of law, he is required to be dismissed or removed from service. Whether an element of moral turpitude involves or not is not the sole criteria to determine the punishment of dismissal or removal from service of a Government employee. The facts of each case are to be seen by the Punishing Authority before inflicting any punishment on a Government employee who is convicted on criminal charge . In cases where the offence is of such a nature as to render further retention in public service of the Government employee prima facie undesirable, action to dismiss, remove or compulsorily retire him from service should be taken forthwith without waiting for the lapse of the period for filing an appeal by the Government employee ( Standard Form No. 1 for such an order is annexed).
(b) In a case where the conviction of a Government employee is not for an offence which may render his further retention in public service prima facie undesirable a copy of the judgement should be called for and examined, with a view to decide about taking such further departmental action, as might be deemed appropriate in the circumstances of the case.
2. (i) If an appeal /revision in higher court against conviction succeeds and the Government employee is acquitted, the order imposing a penalty on him on the basis of conviction which no longer stands, becomes liable to be set aside. A copy of the judgement of the higher court should, therefore, be immediately procured and examined with view to decide:-
(a) Whether the acquittal should be challenged in a still higher court; or
(b) Whether, despite the acquittal, the facts and the circumstances of the case are such as to call for a departmental enquiry against the Government employee on the basis of the allegations on which he was previously convicted.
(ii) If it is decided to take the matter to a still High Court, action to institute proper proceedings should be taken with the least possible delay and the penalty imposed should not be set aside during the pendency of such proceedings.
(iii) If, on the other hand, it is decided that departmental inquiry may be held, a formal order should be made for setting aside the order imposing the penalty on the basis of the conviction; and ordering the departmental enquiry (Standard Form No. II for such an order is annexed).
(iv) In cases where the penalty imposed on the basis of the conviction was dismissal, removal or compulsory retirement from service, and a decision has been taken to institute departmental proceedings against him, the order (Form No. II) should also state that under Rule 4 (3) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, the Government employee is deemed to be under suspension with effect from the date of dismissal, removal or compulsory retirement from service.
3. For appreciating properly the scope and implications of the words "on the basis of the allegations on which he was previously convicted" occurring in para 2 (i) (b) above, the point to be taken note of is that one identical set of facts and allegations might be sufficient to constitute a criminal offence as well as misconduct not amounting to criminal offence but it may still be punishable under the Punjab Civil Services (Punishment and Appeal) Rules, 1970 or similar other rules. If the facts or allegations had already been examined by the Court of competent jurisdiction and has given a finding that the allegations are not true, then it is not permissible to hold a departmental enquiry in respect of charge (s ) based on the same facts or allegations. If, on the other hand, the Court had merely expressed a doubt as to the correctness of the allegations, then there may not be any objection to hold a departmental enquiry on the same allegations if better proof than what was produced before the Court or was then available is forthcoming. Further if the Court has held that the allegations are proved but do not constitute the criminal offence for which Government employee has been charged, in that case also there may not be any objection to hold a departmental enquiry on the basis of the said allegations, if such proved allegations are of such nature which justify departmental disciplinary action. Similarly, a departmental enquiry is permissible after the acquittal in respect of a charge which is not identical with or similar to the charge in the criminal case, and is not based on any allegations which have been negatived by the criminal court. Further more, if the allegations had not yet been examined by the Court of Law but are considered good and sufficient grounds for departmental disciplinary action, there is no bar to taking such action.
4. In cases, where neither of the courses mentioned in para 2 is followed a formal order should be issued setting aside the previous order imposing the penalty (Standard Form No. III for such an or order is annexed). In cases where the penalty imposed was dismissal, removal or compulsory retirement from service, full pay and allowances will be paid from the date of acquittal to the date of re-joining duty and the period counted as duty for all purposes where as for the period from the date of suspension/ removal/dismissal to the date of acquittal, pay and allowances will be allowed as directed by the competent authority and the period treated, as duty or non-duty under Rule 7.3 of Punjab C.S.R. Volume I, Part I.
5. It has been decided that the Punjab Public Service Commission should continue to be consulted, wherever such consultation is necessary, in all cases of conviction in a court of law including conviction for an offence involving corruption. Although in such cases, departmental action is taken on the ground of conduct which has led to an employee's conviction on a criminal charge, the quantum of punishment to be imposed on the convicted employee has to be considered in consultation with the Commission on the merits of each case as per requirements of the Punjab Public Service Commission (Limitation of Functions) Regulations, 1955.
[ Issued by Chief Secretary to Government, Punjab,----- vide U.O. letter No. 86-GOI-2GS-76, dated 23rd December, 1976. ]
FORM NO. I
ORDER
WHEREAS Shri ( here enter name and designation of the Government employee) has been convicted on a criminal charge, to wit, under section (here enter the section under which the Government employee was convicted) of ( here enter the name of the statute concerned).
AND WHEREAS it is considered that the conduct of the said Shri (here enter name and designation of the Government employee) which has led to his conviction is such as to render his further retention in the public service undesirable;
NOW, THEREFORE, in exercise of the powers conferred by rule 13 (i) of the Punjab Civil Services (Punishment and Appeal Rules, 1970, and in consultation with the Punjab Public Service Commission, the Governor/ undersigned hereby dismisses/removes the said Shri (here enter name and designation of the Government employee) from service or directs that the said Shri (here enter name and designation of the Government employee) shall be compulsorily retired from service with effect from (here enter the date of dismissal/removal /compulsory retirement).
* (By order and in the name of the Governor).
Punishing Authority
Station :
Dated :
( N.B. --- In the above form, portions not required should be struck off according to the circumstances of each case.)
* Only when the Governor is the competent authority .
FORM NO. II
ORDER
WHEREAS Shri ( here enter name and designation
of the Government employee) has
been dismissed/
removed/compulsorily retired from
service with effect from (here enter the date of dismissal /removal/compulsory
retirement ) on the ground of conduct which
led to his conviction on a criminal charge ;
OR
WHEREAS the penalty of ( name the penalty imposed) was imposed on Shri (here enter the name and designation of the Government employee) on the ground of conduct which led to his conviction on a criminal charge;
AND WHEREAS the said conviction has been set aside by competent court of law and the said Shri (here enter the name and designation of the Government employee ) has been acquitted of the said charge;
AND WHEREAS in consequence of such acquittal the Government /undersigned has decided that the said order of dismissal/ removal/compulsory retirement imposing the penalty of (here enter the name of the penalty) should be set aside ;
AND WHEREAS the Governor /undersigned on a consideration of the circumstances of the case has also decided that a further inquiry should be held under the provisions of Punjab Civil Services ( P&A) Rules, 1970 against the said Shri ( here enter the name and designation of the Government employee) on the allegations which led to his dismissal/removal/imposing the penalty of compulsory retirement from service ( here enter the name of the penalty imposed).
NOW, THEREFORE, the Governor /undersigned hereby :---
(i) sets aside the said order of dismissal/removal/ imposing the penalty of compulsory retirement from service (here enter the name of the penalty imposed);
(ii) directs that a further enquiry should be held under the provisions of the Punjab Civil Services (P&A) Rules, 1970 against Shri ( here enter the name of the Government employee ) on the allegations which led to his dismissal/removal/the imposing of the penalty of compulsory retirement from service (here enter name of the penalty imposed);
(iii) directs that the said Shri (here enter the name of the Government employee) shall, under sub- rule (3) of rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, be deemed to have been placed under suspension with effect from ( here enter the date of the dismissal or removal or compulsory retirement from service and shall continue to remain under suspension until further orders.
(by order and in the name, if Governor)
Punishing Authority
For cases involving dismissal/removal/compulsory retirement only
[see para 2 (iv) of the instructions.]
*Only when Governor is the competent authority.
FROM NO.
III
ORDER
WHEREAS Shri ( here enter the name and designation of the Government employee) was dismissed /removed/compulsorily retired from service with effect from ( here enter the date of dismissal/removal/compulsory retirement ) on the ground of conduct which led to his conviction on a criminal charge;
OR
WHEREAS the penalty of (here enter the name of the penalty ) was imposed on Shri ( here enter the name and designation of the Government employee) on the ground of conduct which led to his conviction on a criminal charge);
AND WHEREAS the said conviction has been set aside by a competent court of law and the said Shri (here enter the name and designation of the Government employee) has been acquitted of the said charge;
NOW, THEREFORE, the Governor/undersigned hereby sets aside the order of dismissal/removal/compulsory imposing the penalty of retirement from service (name of the penalty imposed).
*(By order and in the name of the Governor).
Punishing Authority
TOURING OF
OFFICERS
The following is a compendium of orders issued from time to time by the Government :---
4.1. Deputy Commissioner to be informed of visits
of inspecting officers to their districts.- Much importance is attached to Deputy
Commissioners receiving intimation of the intention of all inspecting officers
to visit their districts, and when inspecting officers of any department under
the Punjab Government propose to visit a district, they should invariably give
previous intimation of their intention to do so to the Deputy Commissioner in
order that the latter may have an opportunity of discussing any pending
questions in which oral discussion might facilitate despatch. The Deputy Commissioner need not accompany
inspecting officers, other than Financial Commissioners and Commissioners of
divisions, on their inspections unless they wish to do so or are specially
asked to be present.
4.2. Public and private arrivals of the Governor.-The following instructions are required to be observed on the visit of the Governor to a district :-
(1) Arrivals (Official) (i) On arrival the
Governor is received by all the Gazetted Officers in Civil employ and the
Senior Military Officers, if present.
The Commissioner/Deputy Commissioner is presented to the Governor by the
Senior members of his personal staff, after which the Governor inspects a Guard
of Honour, if there is one. The
Commissioner/Deputy Commissioner, as the case may be, then presents the remaining
officers to the Governor. If, however,
the arrival or departure is before sunrise or after sunset, only the Deputy
Commissioner and the Senior Superintendent of Police/Superintendent of Police,
or other officers of the Superior Police Staff need be present.
(ii) If the Governor passes through
a station by rail or road, no person need be present.
(2) Arrivals (Private).- On the occasion of a private arrival or departure only the Deputy Commissioner and the Senior Superintendent of Police/Superintendent of Police need be present, unless they are engaged on their essential duties, in which case their representative may be present.
(3) Departures. The following officers are normally present at the Governor's departure:--
(1) Commissioner, if present.
(2) Deputy Commissioner.
(3) Deputy Inspector-General of Police, if Present.
(4) Senior Superintendent of Police/ Superintendent of Police.
(5) Senior Military Officer, if present.
Note :-- If the Governor is travelling by train or air, receptions and departures are at the Railway Station or Air Field respectively. When the Governor travels by car, receptions and departures are at the place of residence.
(4) Accommodation (a) The Governor always occupies a Circuit/ Rest House. The whole of the House is placed at the disposal of the Governor and family. However, an Officer of his Personal Staff is accommodated in the main building, as far as possible.
(b) The other members of the Governor's Personal Staff are accommodated in the Staff Quarters attached to the Circuit/Rest House, failing which suitable tents are provided in the compound of the House.
(5) Flag.- The National flag is flown at the residence of the Governor. This flag is also hoisted on arrival of the Governor in the district.
(6) Programme.-Sufficient notice of the Governor’s tour is
given to the Deputy Commissioner concerned. On receipt of this information, the
Deputy Commissioner draws up a tentative programme and sends it to the Military
Secretary for the perusal and approval of the Governor at least ten days before
the tour begins.
(7)Address.- When addresses are to be presented to the Governor, the following points have to be borne in mind:--
(a) Addresses are as short as possible.
(b)
Advance copies of the addresses are
supplied to the Secretary to Governor well before the tour begins. While
forwarding these, relevant information to facilitate the Governor's reply is
also furnished.
*4.2A.Guard of
honour etc.-
(i) Ceremonial Guard of Honour should be presented to Governor, Chief Minister,
Ministers and other VIP's when they arrive at the site of the State functions
like 26th January, 15th August and functions for investiture of medals and other
such awards.
(ii) Ceremonial Guard of Honour shall also be presented to
Governor and Chief Minister When they arrive at District Headquarters.
(iii) Governor being the Head of the State shall be provided with a ceremonial Guard of Honour accompanied by a bugler.
(iv) In the case of Ministers, the Security Guard prescribed by District authorities shall turn out for presentation of arms and inspection at the time of their arrival and departure. This shall be done whether it is at District Head- quarter or at any other Rest House, etc., in the District where they may be in camp;
(v)
For other Officers/VIPs for which District authorities consider it necessary to
provide a security Guard the same shall similarly turn out for
presentation of Arms and inspection.
(vi)
The present practice of providing pilot cars
to the Ministers should continue and that similar arrangements should
also be there for Speaker, Ministers of States, Deputy Speaker, Deputy
Ministers.
*Punjab Government U. O. letter No.
24/1/80-Pol. (I)/2171, dated 25th January, 1982.
4.3.Reception of Ministers and high officers of the Punjab Government when on tour.- The instructions relating to the reception of Ministers and High Officers of the Punjab Government when on tour are as follows:--
(1) A Deputy Commissioner should be
present as a matter of course at the headquarters of his district when an
official visit is paid by any of the following unless he is specifically
excused from attendance:--
(a) The Chief Minister,
(b) A Minister on the occasion of his first visit to the district only,
(c ) The Chief Justice or a
Judge of the High Court who is visiting the district for purposes of
inspection,
(d) The Chief Secretary to Government,
(e) The Financial Commissioners,
(f) The Development Commissioner and Commissioners of Divisions.
(2) A Deputy Commissioner need not interrupt his tour arrangements in order to remain at the headquarters of his district in connection with the visit of any other officer of the Punjab Government, but if he is at headquarters when any other Head of Department visits it, he should arrange to see the latter if he has anything to discuss.
(3)
The Chief Minister and the officers mentioned above in respect of visits mentioned
therein will give timely notice of their
intended visit to the Deputy Commissioner, with a copy to the Commissioner. When they wish to excuse
the attendance of the Deputy Commissioner either wholly or for part of their
visit, they will convey this fact in communicating the tour programme. It will
be convenient if the information is conveyed in the following form :--
(A
B does not wish the Deputy Commissioner to be present, if his presence will
interrupt his plans for touring, but will wish to see him if he is at the
headquarters of his district).
(4) When a Minister (other than the Chief Minister) desires that Deputy Commissioner should be present at his headquarters, when he is there, he will convey this fact when communicating his tour programme. It will be convenient if the information is conveyed in the following form :--
(A B
wishes the Deputy Commissioner to be
present at his headquarters on___________________________
(date/s);
(5) Subject to the above instructions if the arrival of a Minister (including the Chief Minister) is by train, the Deputy Commissioner will arrange to meet him at the station. If he is travelling by car, the Deputy Commissioner will meet him only if he is informed in advance to of the hour and place of arrival.
(6) If the Chief Minister is paying a fleeting visit or a private visit and does not wish the Deputy Commissioner to meet him he will intimate the fact in giving notice of his visit. If no notice is given of his visit, the Deputy Commissioner may assume that his presence is not required.
(7) If the arrival of a Minister (including the Chief Minister ) on his first official visit to the headquarters of a district, is by train, the senior district officer of every department under the control of the Minister shall be present at the station, as a matter of course, and also other gazetted officers of the department, who are present at the headquarters at the time. The Senior Superintendent of Police/Superintendent of Police, if not on tour, should also be present. If the Minister is travelling by car these officers should meet him if they are informed through the Deputy Commissioner of the hour and place of his arrival..
(8)
When a Minister (including the Chief
Minister) halts at the headquarters of
district in the course of his first official visit to the district, all
Gazetted officers who are at station should leave cards upon him. Gazetted
officers of the departments under the control of the Minister should ascertain
his wishes if these have not already been communicated to them regarding their
presence for the purpose of general or particular discussion.
(9)
If a Minister desires to discuss any question with
an officer of a department not under his control he will communicate his wishes
in advance through the Deputy
Commissioner.
(10)
The Deputy Commissioner shall give
timely notice of an intended visit of a Minister (including
the Chief Minister) to the senior officer of every Central, Civil departments
having his headquarters in the district.
4.4.Tour
Programmes to be submitted to the Secretariat in sufficient time to admit of
the Government making any communication on the subject.-Heads of Departments and
Commissioners are required to keep the Secretariat informed of their movements when absent from their
headquarters on tour, with a view to
facilitating communication with them on urgent matters. Tour programmes should
be submitted to the Secretariat in sufficient time to admit of the Government
making any communication on the subject of the proposed tour, which they may
consider necessary to the officer in
question.
4.5.Tours of
Deputy Commissioners.-
Obviously a Deputy Commissioner cannot
manage with success the great estate committed to his care without an
intimate personal knowledge of every
part of it. Much of the work, moreover, that is carried on can only be
effectively supervised by him on the spot. Above all it is impossible to keep in touch with
the people unless he seeks frequent opportunities of that informal frank
intercourse with them which is only
possible in camp. A Deputy Commissioner
is, therefore, expected to visit, as far
as possible, every part of his
charge. Normally he should spend at
least three months (including 50 nights) away from the headquarters during the
year. The work which must be performed
at the headquarters of the district should be so arranged as to make this
feasible.
Deputy Commissioners should
not, however, take with them more than
the minimum clerical staff required on tour.
4.6. Desirability of officers being accessible. Sometimes temper and circumstances of the people to be studied.- District officials should see as much as possible of the people. Free access should be allowed to all classes without reference to immediate business; and the custom, universal on the first acquisition of the country, according to which, on the arrival of a district officer at a village, the important functionaries of the village e.g., Sarpanch, Lambardar, etc., at once waited on him and paid their respects, should still be insisted upon. It is an important part of the district officer's duty to gain the acquaintance, and ascertain the sentiments, temper and circumstances of all sections of the population within his charge.
The Revenue Officers are required to do their touring in the Government vehicle, if provided or by bus, as the case may be.
4.7.Tours of
Assistant and Extra Assistant Commissioners.- During
each touring season every Assistant Commissioner
should be sent into camp in turn, and , as far as possible, Extra Assistant Commissioners
should be given opportunities of going
into camp. The District Revenue Officer must spend the greater part in moving
through the different tahsils, and it is
essential that he should be on tour in the months during which the crop
inspections of the spring and autumn harvests
are in progress. Unless there are special reasons to the contrary, he
should normally spend at least 100 days
(including 90 nights ) away from the
headquarters during the year, of which 63 days should ordinarily be
between Ist October and 31 March and 27
days between Ist April and 30th
September . A Sub-Divisional Officer should normally spend at least four months (including 90
nights) away from the headquarters during the year.
4.8.District Inspections.- Each district should be inspected in all parts. If the Deputy Commissioner is prevented from gong himself, he should depute an Assistant or Extra Assistant Commissioner, who should record diaries in his own handwriting. It is the duty of the Commissioner to see that the inspection is real and penetrating by whomsoever made. Officers should particularly endeavour to acquire the local dialect by conversing familiarly with the people. Further instructions on the subject of the tours of all officers will be found in the circulars of the Financial Commissioner.
4.9.Revenue history to be enquired into before going on tour.- Before an Assistant Collector goes on tour he should enquire into the revenue history of the tract he is going to pass through. He should make a point of visiting villages whose circumstances are precarious, and villages in which suspensions or remissions of the land revenue demands have recently been made, and should forward to the Collector a note on the state of the crops and the resources of the revenue-payers as far as he can gauge them from personal inspection. Such a note if carefully written will be of great assistance to the Collector in deciding what course to follow in the matter of recovering arrears or proposing remissions.
4.10.Land
Administration Manual, paragraph 408.-Assistant Collectors should bear in mind the dependence of
the revenue administration on the revenue records, and should remember when testing the records that the purpose they are intended to serve is not
merely statistical, but is also subsidiary to a just and liberal revenue
policy.
4.11.Importance
of maintenance of the land records.- The
responsibility for the maintenance of the land records rests with the
Collector, and under him with the District Revenue Officer, but it is
impossible for these officers by themselves to check the work of the subordinate staff adequately, and the testing of the
records should be considered an
essential part of the duties of
every gazetted officer on the headquarters staff. Wherever possible, an
Assistant Collector, Ist Grade, should,
for the purpose of checking the land
records, be placed in the separate
charge of a tahsil, or part of a tahsil and this plan is
particularly suitable in districts where
the records have fallen below a proper standard and the discipline of the staff
has suffered. It is not intended that the general responsibility of the District Revenue
Officer under the Collector be affected, but the object in view is to ensure more systematic and frequent checking of the
records. The following rules indicate how the testing should be carried out.
4.12.Inspection of land records.- The primary duty in this behalf of officers deputed to inspect the land records, is to test the quality of the supervision exercised by field kanungos over the work of patwaris, and by tahsildars and naib-tahsildars over the work of kanungos and patwaris.
The inspection by Assistant Collectors of the Ist Grade prescribed in the following paragraphs must not be regarded as relieving tahsildars and naib-tahsildars of their duty of inspecting kanungos and patwaris, laid down in paragraphs 241--247 of the Land Administration Manual and chapter 8 of the Land Records Manual.
4.13 Tours of Tahsildars and naib-tahsildars.- Tahsildars and Naib Tahsildars should spend alternative weeks in camping round the year. They are supposed to attend to the important work of attestation of Jamabandis and crop Inspections during the seven months from the beginning of October to the end of April. The revenue management of their charge cannot be efficient unless they have a thorough knowledge of the villages, in their tahsils.
When a Tahsildar or a Naib-tahsildar
is about to tour in his circle, the tahsil staff should bring to his notice all
pending matters which require action on
the spot.
4.14 Deleted.
4.15.Camp
establishments and supplies.- The object of
district tours is to bring officers in
contact with the population of the interior, and only such members of court establishments, etc.,
as are indispensable to the transaction
of the current business should accompany them in camp. The practice of
borrowing charpoys or razais or other such things from private persons
for the use of a Government servant on tour is forbidden, though where
guest-houses or hujrahs are maintained such Government servants are not
interdicted from making use of them in
the same way as other respectable travellers.
4.16. }
to } Deleted.
4.20. }
4.21.Touring returns- Annual report.- Returns relating to the touring of Revenue Officers should be submitted through the Commissioner to the Financial Commissioners in the form of statement annexed.
The touring statements will then be examined, and explanations where necessary, called for, and any specially favourable or adverse remarks which are recorded by the Financial Commissioner, will be communicated at once to Chief Secretary to Government, Punjab, for his information or to the officers concerned, as the case may require.
The copy submitted to the Financial Commissioner should be only for the appointments of Commissioner, Deputy Commissioner, District Revenue Officer, Settlement Officer and Extra Assistant Settlement Officer. It is left to the Commissioners to see to the touring of other officers, and a similar statement regarding such officer should be submitted to them, but not forwarded to the Financial Commissioners.
TOURING RETURN
NIGHT SPENT
|
District Settlement |
Appointment |
Name of Officer |
No. of days for which the officer held the appointment during the half year ending |
At Headquarters |
At Hill Stations of outside district for half year ending |
On tour in the District |
Reasons for insufficient touring |
Remarks |
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30th September |
31st March |
30th September |
31st March |
30th September |
31st March |
30th September |
31st March |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
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Note
: In column 3 the names of all the officers holding the appointment entered in
column 2 should be entered against the appointment. Where the same officer has
held more than one appointment during the year his name should be repeated if
the appointments were held at different times, but if they were held
concurrently it should appear only against the appointment first entered.
4.22 Deleted
SECURITY TO BE
TAKEN FROM OFFICIALS
ENTRUSTED WITH THE
CUSTODY
OF CASH OR STORES
5.1.Security Deposits.- Government has ruled that the encashments of cheques and distribution of money obtained for establishment pay, travelling allowances and contingencies should be entrusted to a responsible official, who should be required to give satisfactory security either in cash or in one of the forms prescribed in the Punjab Treasury Rules, Volume I.
5.2.The same.- The provisions of security deposits are contained in Rules 3.5, 3.6 and 3.7 of the Punjab Treasury Rules, Volume I, the relevant portion of which is reproduced hereunder :--
"3.5-- Cashiers, Store Keepers, Sub-Storekeepers, Clerks, Temporary subordinates and other classes of establishment entrusted with the receipt and custody of cash or stores or who are required to handle money may be required to furnish security, the amount being regulated with reference to the amount of cash which is in the hands of the individuals from time to time or according to the circumstances and local conditions in each case under the sanction of a Head of the Department or Head of Office concerned. The amount of security shall not, in any case be less than 10 per cent of the maximum amount of cash that is likely to be in the hands of such Government servants………."
"3.6---(a) The security shall be taken either in cash or
in one of the required forms of interest bearing securities mentioned in clause
(b) below or in fudelity policies involving the payments of a small monthly
premium ; when the security is taken in cash the authorities mentioned in Rule
3.5 above shall determine whether the amount shall be paid in lump sum or in
instalments or by deduction from pay."
Note: Government servants holding substantive appointments need not furnish any security when they officiate in appointments in which security is generally taken and which do not extend beyond six months. Security should , however, be taken from Clerks and other subordinates who do not hold substantive appointments under Government when they are appointed to officiate in posts in which security is generally taken.
(b) The recognised forms of interest - bearing securities, and the rules to which they are subject, are given below:--
|
(i) Government securities other than Post Office 5 -Year Cash Certificates.
(ii) Municipal Debentures, Post Trust Bonds or Bonds and/ or Debentures issued by the State Financial Corporation |
Under the rules in Chapter VIII of the Government Securities Manual |
|
(iii) Post Office Cash Certificates of various categories. (iv) Post Office Savings Bank Pass Books
|
Under the rules for cash certificates and Savings Bank Account issued by the Post Office. |
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(v) Deposit receipts of any Bank of repute |
The depositor should be required to get the receipts to be made out in the name of the pledgee. If the deposit be for more than twelve months the receipts should be forwarded to the treasury of the district concerned for custody otherwise they should be retained by the head of the office. The depositor should receive the interest, when due, direct from the Bank, on a letter from the pledgee authorising the Bank to pay it. |
|
(vi) National Savings Certificate.
(vii) Promissory Notes and Stock Certificates of
the Central Government of the State Government.
(viii) Treasury Saving Deposit Certificates to be accepted at the Central value |
Under the rules for National Savings Certificate issued by the Post Office. |
|
(ix) 12 - year National Defence Certificate. |
Under Rule 19 of the Post Office Savings Certificate Rules, 1960, as amended by the Ministry of Finance, Government of India, Notification GSR 458, dated Ist November, 1962. |
Note
(1).-Government
papers tendered as securities should be
taken at their market value at the
time of deposit subject to the following
conditions :--
(1) The amount of Government paper taken shall be such that its market value at the time of acceptance is not less than the amount for which security is required.
(2) When owing to depreciation in the market value of Government paper, its market value is less than the amount of security required by more than Rs. 100, further security shall be taken to cover the difference.
(3) When, owing to appreciation in the market value of Government paper, its market value exceeds the amount of the security by more than Rs. 100 and the depositor asks that part of the Government paper may be returned to him to cover this difference, the request shall be granted, so far as this is possible.
Note
(2) (b) For the purposes of item (v) under this clause, the
authority demanding the security shall
decide whether the Bank concerned is a
reputable firm engaged in regular banking business.
(c) Security deposits whether made in cash or in one of the forms of security referred to in clause (b) above should be covered by an agreement in Form S.T.R. 7 or S.T.R. 7 -A as the cash may be, setting forth the conditions under which the security is held and may be ultimately refunded or appropriated.
“3.7. Security deposits lodged in the Post Office
Savings Bank should be hypothecated to the head of the office. The Bank Pass
Books should remain in the custody of
the Government servant to whom the deposits are pledged.
1. All the Pass Books should be sent to the Post Office as soon as possible after the 25th June each Year in order that the necessary entries on account of interest may be made in them.
5.3. Deleted.
5.4.Security
Deposits.- These orders apply to all Government
employees who are required to handle Government money and other valuable
securities as well as those entrusted with the custody of Government stores and
other stock. In no case should a peon or any other subordinate servant be
entrusted with the handling of Government money.
5.5. Deleted.
5.6.The same.- The District Nazir, Assistant Nazir and the Tahsil Wasil Baqi Navis should furnish securities for handling Government money, as described in Para 5.1 above.
5.7.The same.- In order to safeguard the levy of the proper stamp duty and court fees under paragraph 12.3 of the Manual, the Government have prescribed that security should be furnished by Readers etc. of revenue courts and Magistrates in the State of Punjab, of they are handling cash in any form.
5.8.The same.- All Clerks entrusted with the work of stamps and motor
taxation should be required to furnish a security. They should also be required
to declare the cash in hand each morning by entering the same in the register
provided for that purpose and entries thereof should also be got attested by
the concerned Branch Officer daily at 9.15 a.m. sharp.
CORRESPONDENCE AND
OFFICE PROCEDURE
Correspondence
6.1.Rules
for correspondence.-The
rules for correspondence generally are laid down in Punjab Government
Secretariat Instructions which may be consulted.
6.2. Quarterly lists of unanswered references.- Quarterly lists of unanswered references of important and urgent nature are to be submitted by Commissioners, Deputy Commissioners and the Director of Land Records to the Financial Commissioners not later than the 15th of the month after the close of each quarter.
They should contain a list of all references on which a reply is due from, or to, the officer submitting the list. If the reply is due from him the reason of the delay, or the time when the reply may be expected should be stated. With each quarterly list should be submitted the list for the preceding quarter.
Quarterly lists may be submitted in original, and need not be copied.
Commissioners may at their
discretion call for similar lists from Deputy Commissioners and Settlement
Officers.
6.2-A. Arrear statement.-With a view to enabling
the Deputy commissioners and Commissioners to see the state of work in their
offices. i.e., whether their offices are in arrears or the work is up to date,
the various branches of their offices should submit to them through the office
Superintendents, arrears statements in the following form every fortnight :-
Arrears Statement
for the period ending 31State Government/15th 19
|
SN |
No. and date of reference |
From |
Date of receipt in office |
Diary No. |
Subject Matter |
Action taken and to whom sent or refered with date. |
Reasons for non-disposal within one week. |
Remarks |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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Office
Procedure
6.3. It would be a mistake to model the
procedure of a Commissioner's or Deputy Commissioner's office too strictly on
that of the Civil Secretariat. A
District Office deals with a far greater proportion of cases of an individual
or ephemeral nature for which the elaborate procedure of the headquarters
office would be unnecessary ---nor has the District Office the staff to adopt
it. The following instructions
therefore, which are taken from those in force in the Secretariat, must be
adapted to the needs of the District Office, which has the additional
complication that much of its work is based on vernacular reports.
6.4. Letter received not to
be written on it.-Beyond
the quotation of references nothing should be written in ink on letter under
submission except in the case of a letter of minor importance when a brief note
may be written on it.
6.5.Notes to
be brief, legible and continuous.-Office notes should be as short as possible and should be legibly written in
ink or typed on note sheets.
It shall always be assumed that the
paper under consideration will be read by the officer to whom it is submitted.
The practice of writing an abstract of the paper under consideration should be
absolutely prohibited. The office note should be confined to what is strictly
essential, namely, a reference to the papers that are required in connection
with a case and to the facts knowledge
of which is necessary for
disposal of the case.
The introduction of the system of
four "Ps" will be found materially to assist all clerks in preparing
a file for orders. Where this system is followed noting does not reproduce the paper under
consideration and invariably indicates
in the fewest possible words what is required. The system is briefly that all
noting on a fresh receipt should be started with four headings, namely:--
(i) P.U.C.---- The paper under consideration;
(ii) Previous papers.--- The previous papers on the subject;
(iii) Policy.-- A reference to any letter, enactment or rule indicating the policy of Government in the matter; and
(iv) Precedent.-- Reference to any precedent.
6.6.Numbering
of paragraphs.- A
note is most conveniently written in paragraphs
which must invariably be
numbered. Each paragraph containing a suggestion should deal with a
definite point and should be so written that orders can be passed one way or
the other on the margin.
6.7.
Reference of notes.- Every statement in a note, other than that of the note -
writers' opinion should be supported by
a reference to the authority. In quoting a letter its number and date should
invariably be given and a reference made to the file number. These references
should be in the body of the note. For convenience a reference should also be
made on the margin to flags.
6.8.When a
draft should be put up.-When a case comes back from officers with orders passed upon
the notes the next step is to convert them into the form of an official
communication. This is known as
drafting. A draft may be put up even in anticipation of orders if there is no
doubt as to what they will be or if the action to be taken is obvious. When an
Assistant thinks he can so expedite the disposal of a case he should put up a draft along with his note. In self-evident
matters a draft only need be put up: no note is required.
6.9.Time
allowed for drafting.- Ordinarily not more
than two days should be allowed to
elapse between the passing of orders and
the submission of drafts, but in urgent
cases one day should suffice.
6.10.Nature
and phraseology of the draft.- The draft should be as
brief as is consistent with clearness and completeness. There must be no
possible ambiguity in phrasing, no vagueness in references, and no unnecessary
repetition. Sentences should be capable of one interpretation only: and when
orders are conveyed, the meaning must be unmistakeable. As a rule the notes
will show the outline of the reply and how
far it is intended that a detailed discussion of the reasons of the
history of the case should be embodied.
Where such details are given, the drafter should adhere as closely as possible
to the actual wording of the notes. Drafts should convey the whole meaning to the recipient without reference to
previous papers. It should always be assumed
that the letter will be received by an officer who has just taken over
and has not seen the letter to which it is a reply. So far as possible the
first sentence should tell the story.
Throughout the draft unnecessary words should be avoided. The briefer the
letter, the more likely is it to be
remembered. The language must always be temperate and courteous. Slovenly or
colloquial language is absolutely forbidden. It must also be clear from whom
and by whose authority the letter issues.
6.11. Brief subject at the head of all drafts. Memorandum from to be adopted in brief communications.- A brief description of the subject should always be first given at the head of a draft.
When a brief communication will suffice instead of a letter, a memorandum (in the form below ) may be used freely in official correspondence with Government and between offices subordinate to the Punjab Government, except in communications which are likely to be submitted to the Government of India :--
FORM
From
To
Memorandum No. , dated
Subject :--
Your letter No. , dated
Signature
6.12.Nothing
date of reminder.- When a case calls for further report or
further information or obviously demands a reply the drafter should enter on the draft the date on which the
reminder should issue.
6.13.Time
allowed for the issue of drafts.- Urgent and immediate
drafts must be typed and issued on the day of receipt and in the case of ordinary drafts every effort should be made to get
them typed within a day. If for any reason it appears likely that a letter
cannot be despatched within three days of its receipt, the fact should be
brought to the notice of the Superintendent who will take necessary steps to
have the work done as he thinks fit.
6.14Fair
copies and their examination.- Fair copies for
issue together with a duplicate for the file must be neatly typed and be free
from numerous erasures and corrections. They should be carefully examined by
the Assistant concerned and should bear the initials of the typist and examiner
with dates of typing and examination.
The examiner is responsible that the enclosures (and enclosures of enclosures)
are complete, the address correct and that is correct in every way.
6.15.Action
after examining copies.-When the examination is complete the fair copies should be
sent by the examiner to the Superintendent or other officer concerned for
signatures and files to the despatcher
to number and date the office copies.
The latter should enter the number and date on the fair copies after they are
signed and then despatch them. After issue the files should be returned by the
record-keeper to the Assistant concerned if the cases are pending.
6.16.Alteration
in fair copies.-Any
alternation made in the original issue by the officer at the time of signing
must be made in the office copy by the despatcher.
6.17.Signature
of copies.- The orders issued by the Punjab Government
relating to the signing of letters
addressed to Government apply also to letters addressed to Financial
Commissioners' Office. When an officer does not sign the fair copy of a draft
which he has initialled as passed, the fair copy should issue over his
signature attested by the Superintendent. An attested signature implies that
the officer has passed the draft and a letter must never issue over an attested
signature when this is not the case.
Record and
Despatch Procedure in the
Offices of Deputy Commissioners.
6.18.Correspondence.- The record of the correspondence made between the
offices of the Deputy Commissioner with the Financial Commissioner Revenue,
Commissioner and other offices in the State is maintained in respective files
with the file number given for each
case. Except the registers of receipt, despatch and dak book, no registers for
correspondence are maintained in the existing set-up.
6.19.Receipt and despatch.- With the re-organization
of the Deputy Commissioners' offices, the procedure of receipt and
despatch of dak has also changed. The daily dak received is diarised in the
Record and Issue Branch and distributed amongst the various branches where again it is entered in the diary register maintained by each branch so as to
ensure its safe receipt in that branch.
For entering the receipt received from the Government offices, Commissioners'
offices and other local offices and general
public, separate receipt registers are maintained. A specimen of the
form of Receipts Register may be seen at Appendix 4.
There is no centralised agency
for despatch work. The despatch of dak is done by each branch itself. A
specimen of the from of Despatch Register
may be seen at Appendix 5. The type work of all the branches is centralised in
the Record and Issue Branch. The branch head then sends the typed work to the
respective branches. In other words there is a pooling system so far as type
work is concerned.
6.20. to 6.25 Deleted.
6.26.Instructions regarding
opening permanent files.- The files should
be arranged according to the classification into main heads and sub-heads. The letters and numbers of
main and sub-heads are those of the Financial Commissioner's office with
certain additions. It will be seen that blank numbers are left for adding
sub-heads.
When a file has reached 300 pages, a
new part should be opened. These parts should be distinguished by letters of
the alphabet. Files should be
referred to by sub-heads and file number, thus :--561-24, and at the
head of letters this number should be given in addition to the diary number and
the same referred to in reply.
In opening new files, the record-keeper should
be guided by the simple principle of "one subject, one file"
otherwise there is bound to be confusion. It is an important duty of the
Superintendent to work with the record-keeper in the opening of new files and
in the arrangement and destruction of records. The record-keeper should be
experienced and highly intelligent.
When a letter relates to a subject dealt with in two or more existing files, copies of the letter or extracts from it should be submitted with each file.
He should also be careful to see that question of a general nature, which not infrequently arise out of an individual case should not continue to be dealt with on the file of that individual case, and conversely that policy files are not encumbered by individual cases arising out of them.
6.27. Deleted.
6.28. Pending Shelf.- The system of maintaining
pending files has not been standardized
and each office should have its own simple arrangement as far as possible.
Inspections of offices have revealed
that there is a tendency to throw too much work on the record staff. The
arrangement and regular issue of reminders is in some offices neglected on
account of pressure of other current work. Relief can be given by making each
Assistant keep his own pending files and issue reminders. Any letters received
in connection with a pending file should merely be passed on to the Assistant
concerned. There should be a list of file pending with each Assistant and these
lists should be kept up-to-date. The Superintendent should scrutinize these
lists once a week and place them before his Deputy Commissioner or Commissioner
once a month.
6.29. to 6.30. Deleted.
6.31. Indents for supply of printed forms etc. - All forms are to be obtained on indent from the Controller, Printing and Stationery Department, Punjab.
6.32. Note books.- All Assistants including the record-keeper should keep notebooks of important circulars, precedents, etc.
SKELETON FORM OF
QUESTIONNAIRE FOR THE INSPECTIONS
OF DEPUTY
COMMISSIONERS' OFFICES
(The Inspecting Officer is at liberty to direct his attention to such questions only as he may desire or to go beyond the questionnaire if he wishes).
1. Are the rules for noting and drafting as laid down in Chapter 6, paragraphs 4 to 15 of the District Office Manual being observed? [Consider whether the use of the 4 Ps (Paper under consideration, Previous papers, policy, precedent) at the beginning of notes might not usefully be introduced. It makes for brevity and saves the officers' time].
2 Are the registers prescribed in
rule 6.18 being neatly and correctly maintained ?
3. Deleted.
4. Do the Assistants maintain note - books (paragraph 6.32)?
5. Is the arrangement of keeping pending files and issue of regular reminders satisfactory? (Paragraph 6.28)
6. Deleted.
Note.-- (Cases of delays are an index of the working of the office and special attention should be directed to the causes contributing to delays after detailed examination of say 10-20 important files).
RECORDS
7. Are proper registers of file subjects and indices of the records maintained and are they in good order and up-to-date?
8. Are the heads and sub-heads of files maintained as prescribed in Appendix 3 of Chapter 6? If not, examine the existing system to satisfy yourself that it is satisfactory.
9. Deleted.
10. Deleted.
11. Is destruction work carried out regularly? (Examine the record of files destroyed and note whether destruction work is up-to-date).
12. What is your opinion of the general state of the records? Are they well maintained? Give full details in favour or against.
13. Where is the record of Nazul properties kept? Are you satisfied that the records are being properly maintained and accounted for?
Deleted.
LIST OF HEADS AND
SUB-HEADS
A---
Land Revenue Agency
1. Revenue Officers .. Superior Officers.
2. Ditto .. Tahsildars and Naib-Tahsildars
3. Ditto .. Examinations.
5-6 Deleted ..
11. Ministerial Establishments
21. Records-------------------------------District Records Offices.
22. Records-------------------------------Other Officers.
31. Deleted
32. Deleted
B---Survey,
Village Records and Officers:
Territorial Transfers
41. Territorial boundaries and survey of India.
51. Village Survey and Records.
61 Deleted.
71. Lambardars.
81. Patwaris.
C---Land
Revenue Assessment
91. Fixed Assessments.
101. Fluctuating Assessments.
111. Dl-alluvial Assessments.
121. Minor Assessments.
D---Land Revenue Assignments and Pensions
131. Revenue Assignments and Pensions.
E---Local
Rates
141. Local Rate
151. Village Officers Cess.
161. Other cesses (not being cesses for village officers).
F---Tenancy
Act.
171. Administration and rules.
181. Returns.
G---Loans to Agriculturists.
191. For Land Improvement
201. For relief of Agricultural distress.
211. For other reasons.
221. Forms and accounts.
H---Canals
231. Rules.
241. Assessment of Canal Revenue.
251. Other matters.
I---Forests
and Arboriculture
Deleted.
J---Sale and Lease of Government lands.
301. Waste lands.
311. Other lands.
K---Mines
and Royalties
321. }
} Deleted.
331 }
L---Acquisition
of land for Public purposes.
341. Rules.
351. Acquisition and restoration of land
M---Collection.
361. Instalments.
371. Rent Rolls of fixed Land Revenue.
372. Changes in Rent Rolls on account of land acquired and resumed.
381. Rent Rolls of fixed lands, Revenue and Miscellaneous demands.
391. Collections returns (Tauzihs).
401. Suspensions, remissions and arrears.
411. Canal Revenue.
421. Forest Revenue.
431. Budgets, Land Revenue.
N---Revenue
Courts
441. Procedure.
451. Advocates, Pleaders and Revenue Agents.
461. Returns.
471. Other references.
O----Land
Revenue Returns.
481. Quarterly Revenue business returns.
491. Annual Administration Report and Returns.
501. Miscellaneous returns.
P---Income-tax.
Deleted.
Q---Excise.
Deleted.
R---Stamps.
571. Rules.
581. Periodical Reports.
591. Correspondence.
592. Probate or Wills
S---Miscellaneous
601. Deleted.
611. Deleted.
621. Government Buildings
631. Deleted.
641. Books and Periodicals.
651. Stationery.
661. Printing.
671. Stores.
681. Encamping-grounds.
691. Deleted.
692. Budgets.
701. Military.
702. Census.
703. Political.
711. Returns.
712. Education.
715. Petitions (not elsewhere classified).
716. Settlement Fees.
717. Deleted.
718. Health and Medical aid.
719. Zila Parishad matters.
720. Municipal matters.
721. Miscellaneous.
T---Famine, Trade, Commerce and Manufactures--
730. Rainfall and harvests.
732. Agricultural or other distresses and relief measures.
739. Fairs.
740. Factories and Industries.
741. Exhibitions.
U---Judicial and Executive Agency
750. Deleted.
751. Deleted.
752. Police and Jails.
753. Criminal Tribes.
754. Deleted.
755. Arms Act.
756. Government Litigation.
757. Suits, Decrees and Executions.
758. Powers.
759. Miscellaneous.
V---Rural Reconstruction---
760. Agriculture.
1. Implements.
2. Water supply.
3. Better Farming and Better Seed.
4. Fruit Growing and Preserving.
5. Vegetables.
6. Fodder Crops
7. Poultry, Bees and other subsidiary industries.
8. Plant Diseases-pests.
9. Agriculture Farms.
10. Departmental Stalls, shows and demonstrations, etc.
11. Manure pits.
12. Water logging.
761. Animal Husbandry--
1. Cattle Breeding.
2. Sheep Breeding.
3. Mule and Horse Breeding.
4. Cattle Farms.
5. Milk supply and ghee making.
6. Diseases and Dispensaries.
7. First aid and prevention of cruelty to animals, etc.
8. Tattooing of cattle.
762. Health and Medical Aid--
1. Diseases and preventive measures.
2. Village Housing.
3. Village sanitation, e.g., street paving, drains, pits drinking water and latrines.
4. Health centres, Rural Dispensaries and Doctors.
5. Training of Dais.
6. Red Cross.
7. Malnutrition, diet, etc.
8. Health Association.
763. Deleted.
764. Women Welfare Work---
1. Formation of District Voluntary Committees.
2. Women Welfare Workers, Selection and Posting.
3. Women's Welfare Centres.
4. Domestic training schools and amenities.
5. Domestic training school for village workers.
6. Domestic amenities, pictures, hay-boxes, etc.
765. District Organisation----
1. Officers and Soldiers Boards.
2.
Deleted.
3. Panchayats.
4. Boy Scouts.
766. 1.
Deleted.
2. Ex-Servicemen.
3. District Information Bulletins.
767. Propaganda and Mass Instruction---
1. Rural uplift, newspapers, books, literature and journals.
2. Fairs, shows and competitions.
3. Cinemas, Magic lantern, dramas and pictures.
4. Broadcasting.
768. Rural Industries---
1. Silk Industry.
2. Wool Weaving Industry.
3. Lace Industry.
4. Tanning Industry.
769. Co-operation--
1. Consolidation of Holdings.
2. Better-Living and other Societies.
3. Co-operative First Aid Centres.
770. Conservation of Soil--
1. Prevention of Erosion in cultivated, uncultivated and shamlat lands.
2. Soil Conservation Societies and Panchayats.
3. Watbandi.
771. Special Development Scheme--
1. Selection of Tahsils.
2. Plans by Departments.
3. Allotment of Funds etc.
4. Progress Reports.
772. General
1. Reports and proceedings of Conferences.
2. Grant of Sanads in recognition of services rendered.
3. Training of officials in Rural Reconstruction.
(Rule 6-19)
RECEIPT REGISTER
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SN |
From whom
received |
No. and date of
letter |
Subject |
When submitted
and to whom |
Proceeding |
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(Rule 6-19)
DESPATCH REGISTER
|
SN |
Date |
Department |
To whom sent |
Diary No. |
Subject |
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LIBRARIES
A---Arrangement
etc., of books in the Libraries of Commissioners, Deputy Commissioners and outpost Officers.
7.1
Superintendent to be
generally responsible for Library.- The Superintendent should be responsible for general
supervision over the library and he
should inspect thoroughly once in six
months, in the first week of January and first week of July in a year, and get
the report countersigned from the Deputy Commissioner/Commissioner, as the case
may be, before the 15th of those months .
7.2.
Librarian to be in
immediate charge of Library.- An Assistant should be in immediate charge of the Library
and be designated as Librarian. He
should be assisted by the subordinate staff according to requirements. He
should be held personally responsible for the proper arrangements of its
contents, for the receipt and issue of books, their protection from insects,
etc. He shall also be responsible for the purchase and supply of the books
required for the various courts and officers and their distribution.
7.3 Receipt Register and Catalogue .- The following Library Registers should be kept up by the Librarian :--
(a) A Library Accession Register as in From A.
(b) A Catalogue as indicated in Form B.
FORM A
Library Accession Register
|
SN |
Author |
Title |
Place and publisher |
Year |
Edition |
Source |
Cost |
Bill No. |
To what section distributed |
Volumes |
Initials of the officer |
Remarks |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
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FORM B
Catalogue
|
Serial No. |
Title of book pamphlet or report |
Number of Volumes |
Number of copies |
Edition |
Date of receipt |
Condition |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
|
Forms of Registers and catalogue will be supplied by the Controller, Printing and Stationery Department, Punjab, on regular indent.
When entering a book in the Accession Register the Librarian should be careful to see that it is classed under the proper column. If in doubt, he should refer to the Superintendent for orders. Proper classification is a matter of great importance.
7.4. Sectional headings and arrangement of books .- The following are the sectional heads and corresponding letters prescribed for general adoption. (They are, as far as possible, the same as those prescribed for the Financial Commissioners' Office Library)---
A.---Periodical Reports of Punjab Government and subordinate departments.
B.--Periodical Reports of other Governments and their subordinate departments.
C.- Periodical Reports of Government of India and its departments.
D.--Selections from the records of the office of the Financial Commissioners, Punjab, Punjab Government, Government of India and other State Governments.
E.--Agriculture and Irrigation.
F.--Census, Revenue, Settlements and Survey Reports (other than periodical reports).
G.--Trade, Arts and Industries
(other than periodical reports).
H.--Law Books (including those on revenue law and other orders).
I.--Dictionaries, Grammers and books on languages, castes and tribes.
J.--Gazetters and books on archaeology, etc.
K.--Fauna of British India, Burma and Ceylon and books on Natural Science.
L.--History, Religion, Biography and Travels.
M.--Forests.
N.--Scarcity and Famine.
O.--Excise.
P.--Commissions' reports.
Q.--Committees' reports.
R.--Conferences' reports or proceedings.
S.--Co-operation and rural indebtedness, etc.
T.--Economics, Finance, etc.
V.--Civil and Army Lists, Year books, History of Services of Gazetted Officers and other periodicals.
W.--Reforms and Constitution.
X.--Maps and Survey Sheets, etc.
Y.--Gazettes. (India and Punjab)
Z.--Miscellaneous.
The above section headings printed on cards should be affixed to the book cases containing the volumes indicated. The catalogue should be according to sections. Each section should have its own serial numbers.
After entering a book in the Accession Register, the Librarian should also enter it in the catalogue in its proper section, affixing to its back a small circular label showing its section and its number in that section, thus---
A/15 H/5
and
so on. When there are several volumes or annual parts of the same work, they
should all bear the same serial number, each volume or part being distinguished
by a second number in brackets, thus---
A/15(1) A/15(2) A/15(3)
so that all Volumes of the same work will be found together.
7.5. Size of shelves.- By following the above classification, it will be possible
to secure tidiness in arrangement , because the books in each section are more
or less uniform in size. There are very few publications (for example, some Census Reports, Linguistic
Surveys, Volumes of Maps, etc.), which are more than 13 inches in height. The
sizes of books/reports may vary and as such their measurements should be borne
in mind when ordering new book shelves.
7.6. Books to be issued only on written
requisition.-
The Librarian should issue no book from
the Library without obtaining a written requisition for it, and he should send
no book away from the district head-quarters without the orders of the
Superintendent. This requisition should be placed where the book was and should
be destroyed when the book is restored to its place. If a book is not returned
within a fortnight, the Librarian should enquire for it and submit a written
report to the Superintendent.
7.7. Duties of Librarian.- The duties of the Librarian are as follows :--
(1) To take charge of all books and publications made over to him by the Deputy Commissioner.
(2) To maintain the Library catalogue entering therein in ink all publications, except unbound serial publications, immediately on receipt.
(3) To label each publication as soon as possible and to place it in its proper place in the Library almirahs.
(4) To keep each series of Law Reports and other publications published serially on a separate file till the series is complete and when it is complete to take orders as to the binding of the collection.
(5) To insert correction slips in the volumes of enactments and in the various manuals or rules, notification, etc.
(6) To observe the instructions for the preservation of records, etc., so far as they are applicable to libraries.
(7) To report at once any loss or injury to the Commissioner/Deputy Commissioner, and to bring to notice any publications which require binding or re-binding.
(8) To submit the current files of serial publications for inspection once a month, bringing to notice any delay in the receipt of serial numbers.
(9) To submit a monthly report of the books removed and not returned.
7.8. Posting upto date of library and other
copies of codes, manuals, etc. Responsibility for.- The Library copy of each Manual or Code for which
correction slips are issued from time to time
[for example, the Civil Services Rules (Punjab), Financial
Commissioners' Standing Orders, Land
Administration Manual, etc.] should be kept up-to-date by the Librarian, in
order that it may be possible, if necessary, to check with it the other copies
in current use in the office. The correction slips of books in the various
branches of the office will be pasted by one of the officials of the branch
concerned. For this purpose the Librarian shall maintain a register of receipt
and distribution of correction slips, and shall occasionally see that the
correction slips are duly pasted in by
the officials concerned.
7.9. Dusting of Books.- All the books in Library
should be removed at least once a
quarter and thoroughly dusted. The most
convenient way to do this is to remove the contents of the shelves in rotation
at fixed intervals, say, of a week or ten days, so that the turn of each shelf
will come round about once in three months.
7.10. Binding of periodical reports etc.- The Librarian should send
up for orders twice a year, a list of publications (such as, proceedings,
gazettes, etc.), which need binding.
7.11.
Weeding out of books not required.- Once a
year, as soon as possible after the
Ist January, the Librarian should submit, for orders, a list of books
which he thinks should be weeded out of
the Library. Books so weeded out should be disposed of in accordance with the
instructions issued by the Government from time to time.
7.12. Books to be kept.- The following books should, as a rule, be kept :--
(a) Works belonging to an Imperial series, such as the Annals of Indian Administration.
(b) Memoirs of the Geological and Archaeological Survey.
(c) Statistical and descriptive works and reports on special subjects (as distinguished from ordinary annual reports.).
(d) All Settlement Reports, including those of other States.
(e) Administration Reports of the Punjab Government (the entire series extant).
(f) Civil,
Criminal and Revenue Reports (the entire series).
(g) Reports of other Punjab Government Departments for seven Years at least (or for longer periods, if desired).
(h) Reports on Census, Income-Tax, License Tax, Octroi. and Statistics of permanent value.
(i) All
volumes of Regulations and Acts.
(j) All books not included in paragraph 7.13 below.
7.13. Books which may be sold as waste paper.- The following books may generally be sold as waste paper, viz :--
(a) All Civil Service Regulations, Financial Regulations, Codes, Manuals which are re-published but one copy each of such publications/editions must always be preserved.
(b) All Directories, Almanacs, Civil Lists, more than two years old.
(c) All Administration Reports and Departmental Reports of other States except those for the last five years.
(d) Any other publication, which has lost its utility with the passage of time.
7.14. Disposal of other useless books. Books and publications of
the kind mentioned in paragraphs 7.13 may be sold in the local market under the
orders of the Commissioner or Deputy Commissioner, as the case may be. If a
Commissioner or Deputy Commissioner finds he has no room in his library for any
books included in paragraph 7.12, a
list of such books should be sent
by the Commissioner to the Librarian of the Public Library of the district concerned, if any,
who should be requested to state whether he wishes to have any of the books for
depositing in the library. On receipt of his reply, the books asked for should
be forwarded to his address and the rest of the books in the list should be
sold locally. With regard to books mentioned in paragraph 7.12, Commissioners
and Deputy Commissioners should be careful that these books are not disposed of
unless it is quite clear that they are of no use and not likely to be of any
use in the office.
7.15. Income from sale. The income realised from the sale of obsolete books and publications will be credited to the relevant receipt head.
7.16.
Preservation of Gazettes and Records. One copy of all parts of Punjab
Government Gazettes in English and
Punjabi should be kept permanently at
district and Sub-Divisional Offices, miscellaneous notices and advertisements being, however,
removed before binding.
7.17.
Purchase of periodical publications and books. The orders relating to
books of reference, Acts of the Legislature and Legal Periodicals required for
the use of officials are as follows :--
(a) Books of reference and Acts of the Legislature required for use of courts may, subject to budget provision, be purchased from any law publisher in India.
(b) Under Serial No. 24 of Rule 19.6 of the Punjab Financial Rules, the Commissioner/Deputy Commissioner/Settlement Officer are empowered to sanction the purchase of books and maps of revenue courts and offices, provided :--
(i) that the books are of a scientific, legal, medical, education, technical or professional character; and
(ii) that the expenditure on any book excluding postage charges exceeds Rs. 60. The purchase of the other books require the sanction of the Commissioner who should encourage the purchase of books dealing with history, economics, ethnology, social life, etc., of Punjab or of the district concerned.
(c) Copies of the Acts of the Legislature, Codes
and Manuals as published by the Punjab Government will be supplied by the
Controller, Printing and Stationery Department , Punjab.
(d) Acts of the Indian Legislature
and financial publications of Government of India and other State Governments
should be obtained on payment from the Controller Publications, Government
of India, New Delhi and from the
Controllers of Printing and Stationery Departments of other States,
respectively. This includes the Codes, Manuals and Audit Instructions, etc.,
issued by the Auditor-General and his subordinate Audit Officers, which may
be obtained from the Controller
Publication, Government of India New Delhi.
(e) Indian Law Reports which are also financial publication of various Governments will be obtained from the publishers on payment.
(f) The Indian Post and Telegraph Guide can be obtained on payment from the Post and Telegraph Department.
7.18. List of Books suggested for the Commissioner and Deputy Commissioners' Offices
The list of books for the libraries and
offices of the Commissioners and
Deputy Commissioners and for revenue courts in the Punjab which
are necessary , and should be purchased subject to budget provision, is given
at the end of this chapter. The
distribution in the office is
only given byway of suggestion. It is necessary to avoid purchasing the same book for an
officer in two capacities, e.g., for the
Deputy Commissioner and for the District Magistrate. [See Appendix].
C---Maintenance of
Court and Branch Libraries
7.19
Deputy Commissioners both as District
Magistrates and Collectors in respect of the books, Acts and other publications
supplied to or obtained for the use of their courts and all courts and
offices subordinate to them are required to maintain an up-to-date catalogue of all such books. Acts and
publications. The catalogue maintained should contain separate lists for each court and branch of office in
the district. Each court and branch of office should keep a list of books
supplied to them. The catalogue should
contain the following information :--
(a) Serial number.
(b) The name of the work.
(c ) The edition or date of publication.
(d) The cost, if any, of the work.
(e) The date of receipt.
(f) The date when any book ceases to be in the Library and the cause for the same.
(g) Remarks.
When any book has, from any cause,
ceased to be in the Library of any court, an note should be made
in the catalogue of the manner in
which it has been disposed of.
It will be the duty of the officer of court or branch concerned to see that his set of books is complete in every way.
D---Books lost to be replaced at the expense of the Presiding Officer of the court or the
Assistant-in-charge of the branch
office.
7.20. Books lost from any office must be replaced
at the expense of the Presiding Officer or the Assistant-in-charge of the
branch of the office concerned. When a change of the Presiding Officers take
place, the relieving officer will satisfy himself on taking charge that the
books, Acts and periodical publications are complete and in good condition, and
that the catalogue and lists are duly up-to-date, and if they are not, will at
once bring deficiencies to the notice of the Commissioner/Deputy Commissioner.
E---Annual verification of books in each Library :
7.21.
The books in each Library should be checked by the Presiding Officer of the
court or office annually in the month of
March, and a certificate that the books
and publications are properly kept up
will be furnished to the Deputy Commissioner for communication to the Registrar
of the High Court of Judicature and the Commissioner.
7.22.
Correction of
District Maps.
Each Deputy Commissioner should, however, keep a copy of the Survey of India
map on the scale which is most suitable
for his district, in which copy all important changes in roads, bridges,
railways or canals should be shown. Occasions, such as military manoeuvres or a
military staff ride may arise from time to time when it will be necessary to
use a map which is thoroughly up-to-date. It is unnecessary to forward copies
of the amended map to the Financial Commissioners or to Government.
7.23. Inspection of District Library
The inspection of the district library should
form part of a Deputy Commissioner's duties.
APPENDIX
LIST OF BOOKS
(Commissioner's Office and Deputy Commissioner's Office)
|
SN |
Nature of Books |
Name of Books |
Commissioner's Office |
Deputy Commissioner's
Officer |
|
|
A-Administrative Books |
Settlement Manual
Land Administration Manual
Land Acts
Punjab Financial Handbooks
Departmental Financial Rules
Fundamental Rules and the Subsidiary Rules
Civil Service Rules, Volumes I to III
Civil Service Regulations Budget Manual
Account Code Punjab Financial Rules
Resource Manual Sub-Treasury Manual Audit Code
Law Department Manual Registration Manual Stamp Manual Excise Manual
Rules and Orders of the High Court
|
|
|
|
|
|
Medical Manual
Jail Manual
Sub-Jail Manual
Co-operative Manual
Land Records Manual
District Office Manual
Police Rules
Revenue Manual (Irrigation)
Manual of Orders, Public Works Department
Public Works Department Account Code
Administration of Cantonments
Cantonment Account Code
Municipal Account Code
Small Town Manual
Forest Manual
Indian Motor Vehicles Manual
Income-Tax Manual
Securities Manual
Indian Arms Act Manual
|
|
|
|
|
B-Law Books
|
Rahnuma-i-amla-i-Muhariran by Bhagat Singh Army Regulations, Volume 2 Army Act English-Punjabi and Punjabi-English Dictionary Concise English Dictionary Map of India Map of Punjab Map of District Route Book The Agrarian System of Moslem India Socrates in an Indian Village
Stamp Act by Donogh
Stamp Act by Abdul Haque
Court-fees and Suits Valuation Act, annotated
Digest of case Law by Khanna, Volume IV Revenue
Lahore Law Times, Revenue Rulings, 1914-1931
Lahore Law Times, Revenue Ruling, 1932, onwards
Limitation Act, annotated |
|
|
|
|
|
Code of Civil Procedure annotated
Land Revenue Act, annotated Land Acquisition Act, annotated Tenancy Act, annotated Court Fees Act, annotated Municipal Law, annotated Indian Penal Code, annotated Code of Criminal Procedure, annotated Indian Evidence Act, annotated
Military and Cantonment Law
House-owners and Tenants in Cantonment by Lincoln
Rattigan's Digest of Customary Law
Unrepealed Acts of the Government of India Punjab Law Reporter Punjab Law Journal Revenue Law Reporter
Services Law Report |
|
|
Note :- The books whether administrative or legal or on other subjects which are purchased by order of the Commissioner or Deputy Commissioner may be entered in the respective lists.
REPORTS AND RETURNS
|
SN |
Description |
Through |
To whom due |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
|
1 |
Establishment Branch Annual Confidential Reports of the work of District Attorneys and Assistant District Attorneys |
Commissioner |
Legal Remembrancer Director Prosecution |
|
|
2 |
Fixation of pay of the staff |
Do |
F.C.R. |
|
|
3 |
Statement showing action taken against corrupt officials |
Do |
Do |
|
|
4 |
Declaration of P.C.S. Officers regarding acquisition of property |
Do |
Chief Secretary |
|
|
5 |
Tehsildars attaining the age of 55 years |
Do |
F.C.R. |
|
|
6 |
Report about the reservation of posts for the members of Scheduled Castes and Backward Classes |
Do |
Do |
|
|
7 |
Statement of ex-soldiers given employment |
Do |
C.S. |
|
|
8 |
Statement of investigation of complaints |
Do |
F.C.R. |
|
|
9 |
Registration Branch Report on administration of Registration Department together with Statements No. 1-5 Annual |
Do |
Inspector General Registration |
|
|
10 |
Indent of forms |
Do |
Do |
|
11 |
Budget-Registration - District
charges |
Commissioner |
Do |
|
|
12 |
Budget of Receipt under the head 258 - Printing and Stationery |
Do |
Do |
|
|
13 |
Stamps-A-Superintendence Contract |
Do |
F.C.R. |
|
|
14 |
Miscellaneous Branch Inspection of Treasuries and Sub-Treasuries |
Do |
Do |
|
|
15 |
253-General Administration F-7 Works - Other Repairs Receipt and Issue branch (Stationery) |
Do |
Do |
|
|
16 |
Indent of Forms |
Director |
Controller Printing and Stationery |
|
|
16-A |
Indent of blank forms |
Do |
Do |
|
|
17 |
Indent of Civil forms |
Do |
Do |
|
|
18 |
Indent for vernacular and bilingual forms |
Do |
Do |
|
|
19 |
Miscellaneous-Part 2(a) Books and Periodicals |
Do |
Do |
|
|
20 |
258-Printing and Stationery Purchase of Plain papers used as stamps discount |
Do |
F.C.R. |
|
|
21 |
258-Printing and Stationery Purchase of paper plain used with stamps-freight charges |
Do |
Do |
|
|
22 |
258-Printing and Stationery(Purchase of Stores) |
Commissioner |
Controller Printing and Stationery |
|
|
23 |
230 Stamps and Registration discount |
Do |
Do |
|
|
24 |
Annual statement showing the Printing Presses functioning in the district |
Do |
H.S. |
|
|
25 |
Annual statement showing news papers and other periodicals in the district |
Do |
|
|
|
26 |
Nazarat Branch 268-Miscellaneous Prevention of Cruelty to animals |
Do |
H.S. |
|
|
27 |
Miscellaneous-sale of old
stores and material |
Do |
F.D. |
|
|
28 |
256 - Jails-3 B-Lock ups |
Do |
I.G.Prisons |
|
|
29 |
Indent for blankets and munjmats for use in police lock ups |
Do |
Do |
|
|
30 |
Report regarding Kutchery Funds |
Do |
|
|
|
31 |
Preparation of pro forma account of Kutchery Funds |
Do |
|
|
|
32 |
Annual Administration Report in respect of Jails |
Do |
I.G.Prisons |
|
|
33 |
Report regarding court fee realised in pauper suits |
Do |
L.R. |
|
|
34 |
Report regarding remission of irrecoverable court fee in pauper suits |
Do |
L.R. |
|
|
35 |
Statement showing the cost of ration, guards and establishment and other charges incurred in judicial lock ups |
Do |
I.G.Prisons |
|
|
36 |
Statement showing numbers of persons confined in the judicial lock ups (apart from jail) in the district |
Commissioner |
I.G.Prisons |
|
|
37 |
Statement of excesses and surrenders |
Do |
F.C.R. |
|
|
38 |
Reports about the causes of variations |
Do |
Do |
|
|
39 |
Budget for family allowance to detenus |
Commissioner |
I.G.Prisons |
|
|
40 |
Copying Agency Statement of annual income and expenditure |
Do |
F.C.R. |
|
|
41 |
Budget estimates - C.A.Accounts expenditure side |
Do |
Do |
|
|
42 |
Budget estimates - C.A. income
side |
Do |
Do |
|
|
43 |
Statement of excesses and surrenders |
Do |
Do |
|
|
44 |
Budget variations |
Do |
Do |
|
|
45 |
Bills Clerk Budget under all Heads |
Do |
Do |
|
|
46 |
Excesses and Surrenders
statements under all heads |
Do |
Do |
|
|
47 |
Variations in the various heads |
Do |
Do |
|
|
48 |
Forecasting of advances required for the Government servants during the year |
Do |
Do |
|
|
49 |
253-General Administration-General establishment contingencies |
Do |
Do |
|
|
50 |
253-General Administration-General Establishment-Conservancy of Kutchery compound |
Do |
Do |
|
|
51 |
Schedule of new expenditure under all heads |
Do |
Do |
|
|
52 |
District Revenue Accountant Rent roll of fixed land revenue |
Do |
Do |
|
|
53 |
Balances of fixed land revenue |
Do |
Do |
|
|
54 |
Reduction of land revenue on account of land taken for public purposes |
Do |
Do |
|
|
55 |
Statement of alluvion and diluvian assessment |
Do |
Do |
|
|
56 |
Budget regarding land revenue |
Do |
Do |
|
|
57 |
Report regarding suspension and remission of land revenue |
Do |
Do |
|
|
58 |
Sanction of charges in land revenue |
Do |
Do |
|
|
59 |
Administrative report regarding land revenue taccavi and land acquired |
Do |
Do |
|
|
60 |
Budget regarding taccavi loans (Principal) |
Do |
Do |
|
|
61 |
Budget regarding taccavi loans (Interest) |
Do |
Do |
|
|
62 |
029-Sale of Nazool Lands |
Do |
Do |
|
|
63 |
Annexure A to estimate of collection of land revenue |
Do |
Do |
|
|
101 |
Inspection of Tehsil and Sadr Kanungo offices |
|
Commissioner |
|
|
102 |
Annual Administration Report regarding Institution and disposal of cases under various Acts |
|
Do |
|
|
103 |
Development Branch Annual Report on the working of Panchayats for the year |
Director Panchayati Raj |
Financial Commissioner Development |
|
|
104 |
Flood Relief Branch Expenditure Statement |
Commissioner |
F.C.R. |
|
|
105 |
Excesses and surrenders
statement |
Do |
Do |
|
|
106 |
Variations statement |
Do |
Do |
|
|
107 |
Passport and Licensing Branch Prospecting licences renewed or rejected during the financial year |
Do |
Do |
|
|
108 |
Return on fire arms in the
Punjab |
Do |
H.S. |
|
|
109 |
Annual Budget |
Do |
F.C.R. |
|
|
110 |
HALF YEARLY Establishment Branch Statement regarding reservation of members of Scheduled Castes and Backward Classes in service |
Commissioner |
Do |
|
|
111 |
Statement of cases in which
pension of retiree has not been fixed within six months of his retirement |
Do |
Do |
|
|
112 |
Statement showing the memorials addressed to Governor but with-held by the Head of Department |
Do |
Do |
|
|
113 |
Statement showing names of corrupt officials who received adverse reports regarding honesty |
Do |
Do |
|
|
114 |
Statement regarding the employment of ex-servicemen in the service |
Do |
Do |
|
|
115 |
Statement of pension cases |
Do |
Do |
|
|
116 |
District Revenue Accountant Land Revenue under suspension Statements '(c) (Kharif and Rabi). |
Do |
Do |
|
|
117 |
Advance statement of suspension
and remission (Taccavi) |
Do |
Do |
|
|
118 |
QUARTERLY STATEMENT Establishment Branch Statement of pension cases |
Do |
F.C.R. |
|
|
119 |
Statement of appeals/memorials of officials |
Do |
Do |
|
|
120 |
Statement regarding vacant posts |
Do |
Do |
|
|
121 |
Employment of ex-servicemen in Government service |
Do |
Do |
|
|
122 |
Statement showing disposal of cases against Government servants under suspensions |
Do |
Do |
|
144 |
Ligh Migh Branch Progress of Ligh Migh Loans |
Commissioner |
Director, Housing and Urban Development |
|
|
145 |
Rehabilitation Branch
Disposal of Audit and
inspection Notes |
|
Deputy Secretary Rehabilitation |
|
|
|
MONTHLY Establishment Branch |
|
|
|
|
146 |
Statement about the employment of ex-serviceman |
Do |
F.C.R. |
|
|
147 |
Statement regarding weeding out of corruption from services |
Do |
Do |
|
|
148 |
Statement regarding imposition of cut in pension/gratuity in case of defaulting officials |
Do |
Do |
|
|
149 |
Statement regarding officials under suspension |
Do |
Do |
|
|
150 |
Principal followed in the matter of appointments and transfers of officials - Statement of |
Do |
Do |
|
|
151 |
Lists of employees under suspension for more than 18 months |
Do |
Do |
|
|
152 |
Statement regarding appointment of officials on ad hoc basis |
Do |
Do |
|
|
153 |
Disposal of pension cases |
Do |
Do |
|
|
154 |
Action taken against officials for violating conduct rules |
Do |
Do |
|
|
155 |
Lists of officials under suspension whose cases are pending in the courts |
Do |
Do |
|
|
156 |
Steps taken to weed out corruption-Statement of |
Do |
Do |
|
|
157 |
List of cases of officials decided by the Deputy Commissioner |
Do |
Do |
|
|
158 |
Appeals of officials |
Do |
Do |
|
|
159 |
Finding way and means to deal with unsuitable officials in a more expeditious manner than at present |
Do |
Do |
|
|
160 |
Peshi Branch Revenue Judicials appeals/Revision under Punjab Tenancy Act, 1887 as Revenue Court |
Do |
Do |
|
|
161 |
Revenue Executive
appeals/Revision under Land Revenue Act as Revenue Officer |
Do |
Do |
|
|
162 |
Appeal P. Rights under section 18 of the Land Reforms Act, 1972 - as Revenue Officer |
Do |
Do |
|
|
163 |
Revision Mall (Partition cases Girdawri as Revenue Officer |
Do |
Do |
|
|
164 |
Lambardari Cases(original proceedings) as Revenue Officer |
Do |
Do |
|
|
165 |
Appeals Miscellaneous under Zila Parishad Act - Municipal Act (Election appeals under Punjab Municipal Election Rules as Deputy Commissioner) |
Commissioner |
F.C.R. |
|
|
166 |
Transfer application under Punjab Tenancy Act under section 79 and Land Revenue Act under section 12 |
Do |
Do |
|
|
167 |
Cancellation of Arms licence cases under section 17 of the Arms Act |
Do |
H.S. |
|
|
168 |
Marriage cases under Special Marriage Act - 1954 under sections 5 and 6 as Marriage Officer (Registrar) |
Do |
F.C.R. |
|
|
169 |
Crime Report |
Do |
Do |
|
|
170 |
Statement showing the disposal of court work |
Do |
Do |
|
|
171 |
District Revenue Assistant Haltauzi statement of recovery and balances |
Do |
Do |
|
|
172 |
Loan advances and recovery
statement T-16 |
Do |
Do |
|
|
173 |
Statement of Jamabandis |
Do |
Do |
|
|
174 |
Statement of allotment of Nazool Lands |
Do |
Do |
|
|
175 |
Miscellaneous irrecoverable temporary loans written of |
Do |
Do |
|
|
176 |
Advances and recoveries under Acts 1884 and 1883 |
Do |
Do |
|
|
177 |
Revenue receipts under Head 029-Miscellaneous sale of nazool land |
Do |
Do |
|
|
178 |
Agrarian Branch Report regarding implementation of land reforms |
Do |
Do |
|
|
179 |
Sadr Kanungo Branch Statement of contested
mutations |
Do |
D.L.R. |
|
|
180 |
Statement of uncontested mutations |
Do |
Do |
|
|
181 |
Expenditure statement |
DO |
Do |
|
|
182 |
Consignment of Jamabandi |
Do |
Do |
|
|
183 |
Rain fall statement |
Do |
Do |
|
|
184 |
Tour statement of Revenue Officers |
|
Commissioner |
|
|
185 |
Ligh Migh Branch Progress of recoveries under the ligh migh scheme |
|
Director Housing and Urban Development |
|
|
186 |
Nazarat Branch Expenditure statement
-256-Judicial Lock ups-3-B-Lock ups |
Commissioner |
I.G.Prisons |
|
|
187 |
Expenditure statement of district
relief fund |
Do |
F.C.R. |
|
|
188 |
Report regarding recovery of
arrears of kutchery compound |
Do |
Do |
|
|
189 |
Report showing disbursement of compensation under the Punjab Manoevours Field Firing and Artillery Practice Act, 1957. |
Do |
Do |
|
|
190 |
Miscellaneous Branch Statement regarding the disposal of cases under chapter 8 of the Cr. P.C. |
Do |
H.S |
|
|
191 |
268-Miscellaneous General Service (F)-C-Other Expenditure in connection with Independence Day and other charges |
Do |
C.S. |
|
|
192 |
Expenditure statement under head 253-District Administration-F-Works-T-Repairs |
Do |
F.C.R. |
|
|
193 |
Flood Relief Branch Joint inspection report of flood protection works |
Do |
Do |
|
|
194 |
Statement of famine relief |
Do |
Do |
|
|
195 |
Development Branch Statement showing the disposal of enquiries pending against Sarpanches/panches |
|
D.R.D.P. |
|
|
196 |
Statement regarding progress made at the local points selected under I.R.D.P. Schemes |
|
Do |
|
|
197 |
Report regarding construction of houses for landless persons |
|
Director, Housing and Urban Development |
|
|
198 |
Report regarding completion of houses (stages)for landless persons |
|
Do |
|
|
199 |
Copying Agency- Expenditure under head 253- General Administration - S.C.A. |
Commissioner |
F.C.R. |
|
|
200 |
Statement of income and expenditure of the Copying Agency |
Do |
Do |
|
|
201 |
Statement showing deficiency of stamp duty and court fee etc. pointed out by the Stamp Auditor |
Do |
Do |
|
|
202 |
Statement regarding destruction of files |
Do |
Do |
|
|
203 |
Statement showing the disposal and pendency of applications in the Copying Branch |
Do |
Do |
|
|
204 |
Bills Clerk B.M.29 and 26 - under head 253 - General Administration - District Administration - General Establishment |
|
|
|
|
|
a) Pay of Officers |
Do |
Do |
|
|
|
b) Subordinate staff |
Do |
Do |
|
|
205 |
Registration Branch Statement under head 258 - Printing and Stationery - 230 - Stamp and registration |
Commissioner |
F.C.R. |
|
|
206 |
Rehabilitation Branch Statement showing the recovery of rent of urban evacuee properties |
|
Deputy Secretary Rehabilitation |
|
|
207 |
Statement showing the recovery of urban loans - |
|
Do |
|
|
208 |
Recovery of Burma Loans |
|
Do |
|
|
209 |
Statement showing the recovery of rural rent of agricultural land |
|
Do |
|
|
210 |
Statement regarding recovery of rural loans |
|
Do |
|
|
211 |
Statement showing disposal of surplus rural evacuee lands |
|
Do |
|
|
212 |
Statement regarding disposal of rural evacuee houses and sites |
|
Do |
|
|
213 |
Statement showing issuance of sale certificates in respect of rural properties |
|
Do |
|
|
214 |
Statement showing the expenditure in B.M.26 and 29 |
|
Do |
|
|
215 |
Recovery of rent of mudhuts and other rehabilitation colonies |
|
Do |
|
|
|
FORTNIGHTLY
Sadr Kanungo Branch |
|
|
|
|
216 |
Retail prices-Statement of |
|
D.L.R. |
|
|
217 |
Statement of wholesale prices |
|
D.L.R. |
|
|
|
Establishment Branch |
|
|
|
|
218 |
Report regarding the officials suspended for more than 18 months |
Commissioner |
F.C.R. |
|
|
219 |
Statement of pension cases |
Do |
Do |
|
|
220 |
Rehabilitation Branch Statement showing the disposal of applications for transfer of rural evacuee agricultural land |
|
D.S.Reh. |
|
|
|
WEEKLY Sadr Kanungo Branch |
|
|
|
|
221 |
Rainfall and crop condition |
|
D.L.R. |
|
|
|
Flood Relief Branch |
|
|
|
|
222 |
Weekly Flood Report |
Commissioner |
F.C.R. |
|
|
|
DAILY |
|
|
|
|
|
Flood Relief Branch |
|
|
|
|
223 |
Daily Flood Relief Report |
Do |
F.C.R. |
|
|
224 |
Report regarding disbursement of grant to hailstorm sufferers |
|
|
|
CHAPTER 9
RECORD ROOMS
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) (a) The usual index be replaced by the following forms :
(b) (b) The sheets showing chronological abstracts of orders be dispensed with.
(c) (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) (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 |
|||
|
1 |
2 |
3 |
4 |
5 |
|||
|
|
|
|
|
|
|||
|
|
Civil/Revenue - Criminal PLAINTIFF (full name and address) Complainant
versus
DEFENDANT (Full name and address) Accused
|
|
|
|
|||
|
|
|
|
|
|
|
|
|
|
Page No. |
Nature of Papers |
Remarks |
|
1 |
2 |
3 |
|
|
|
|
Total number of pages Signature Sarpanch
_______________ Panchayat.
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.
V. Deleted.
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,
Registration.
Land Acquisition.
The following files should be dealt with as kuliat :-
(1) Transfer of cases.
(2) Permission to file complaint.
Executive -
(1) Chaukidara.
(2) Taccavi.
(3) Nazul and other Government Land.
(4) Tirni
(5) Forest
(6) Establishment
(7) Revenue Accounts.
(8) Revenue fines
(9) Stamps
(10) Treasury
(11) Refused copies
(12) Contingencies
(13) Miscellaneous.
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 -
a)
Deleted.
b) Deleted
c) Civil files in suits for immovable property and all
Revenue mauzawar files. The locality of the property.
d) Deleted.
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
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
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.
9.15 Deleted.
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 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.
9.23 Summary
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.
9.24 Deleted
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.
9.35 Deleted.
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
|
|
|
|
|
|
|
Sanction |
Actually employed |
Remarks |
|
|
|
|
|
|
|
(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.
(5) Miscellaneous.
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.
9.41 Deleted.
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.
I-General
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.
(d) Charitable.
(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.
(4)
Deleted.
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)
(12) Deleted.
(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.
(15) Deleted.
(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 |
|
2. |
Deleted |
|
|
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 |
|
2. |
Deleted |
|
|
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 Do
Do Do
Do
Do
Do
Do
Do Do Do |
|
|
(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 Do
Do
Do
Do
Do Do
Do Do
Do
Do |
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 |
|
7 |
Deleted |
|
|
8 |
Deleted |
|
|
9 |
Deleted |
|
|
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 |
|
20 |
Deleted |
|
|
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 |
|
24 |
Deleted |
|
|
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 |
|
5 |
Deleted |
|
|
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 |
|
11 |
Deleted |
|
|
12 |
Repairs and construction of public offices |
From date of final adjustment of expenditure |
|
13 |
Deleted |
|
|
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 |
|
17 |
Deleted |
|
|
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 |
|
1 |
Deleted |
|
|
2 |
Khatauni malguzari dakhila bahi arzirsals |
6 years |
|
3 |
Taccavi kist-bandi |
} |
|
4 |
Deleted |
| |
|
5 |
Tehsil Stamps Store Register |
| |
|
6 |
Deleted |
| |
|
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 |
|
|
21 |
Haltauzi |
|
|
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 |
| |
|
25 |
Deleted |
| |
|
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 |
| |
|
30 |
Deleted |
} |
|
31 |
Deleted |
|
|
32 |
Tehsil indents for stamps |
} |
|
33 |
Tahsil returns of stocks and sales of stamps |
| 1 year |
|
34 |
Deleted |
} |
|
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 |
|
42 |
Deleted |
| |
|
43 |
Applications for stamp and licenses |
| |
|
44 to 52 |
Deleted |
} |
|
53
54 |
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 |
|
56 |
Deleted |
|
|
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 |
|
58 |
Deleted |
|
|
59 |
Papers regarding despatch of treasure between sadr and tahsil guards, etc. |
At the end of the year to which the papers relate |
|
60 |
Deleted |
|
|
61
62
63 |
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 | relate | | } |
|
64
65 |
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. | | } |
|
66 |
Deleted |
|
|
67 |
Deleted |
|
|
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 |
|
71 |
Deleted |
|
|
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 |
|
73 |
Deleted |
|
|
74 |
Deleted |
|
|
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 |
|
82
83
84 |
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 | | | } |
|
85 |
Deleted |
|
|
86 |
Deleted |
|
|
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. |
FORMS
Form R-1
(Paragraph 9.10)
Goshwara of
Revenue Basta
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
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)
Kaliat Goshwara
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
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 |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
|
|
|
|
|
|
|
|
|
|
|
(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 |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
|
Revenue Standard Form No. 72
FORM R - 11 (PARAGRAPH 9.20)
NUMBER BOOK
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 |
|
1 |
2 |
3 |
4 |
5 |
|
|
|
|
|
|
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 |
|
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|
|
|
|
|
|
|
|
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
Foil Counterfoil
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 |
|
1 |
2 |
3 |
4 |
5 |
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 |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
|
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.
(Sd)…..
Dated Record-keeper
-----
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 |
|
|
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52 |
The objection file should be attached to the original file of execution of decree and then filed. |
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53 |
Police diaries or first report wrongly placed on file. Should be returned to the Police. |
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54-55 |
Deleted |
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56 |
The file is without label. |
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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
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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 |
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No. in General Register |
Hadbast No. |
No. of Village Goshwara |
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Claim or offence _________________ versus
|
A PAPERS |
B PAPERS |
||||||
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Serial No. |
Name of paper |
Number of papers |
Value of Court Fee |
Serial No. |
Name of paper |
Number of papers |
Value of Court Fee |
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|
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
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 |
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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
Record-keeper.
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
APPENDIX B
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)?
17. Deleted
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.
10.7. Deleted.
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.
10.11. Deleted.
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."
Taccavi Loans
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)."
Receipt 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."
Sub-Heads
(1) "Fixed Land Revenue".
(2) "Fluctuating Land Revenue."
(3) "Additional Land Revenue."
(4) "Cess on commercial crops."
(5) "Rent"
(6) "Haq-ul-tehsil"
(7) "Surcharge"
(8) "Talbana"
(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.
10.27 Deleted.
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:-
RULES
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: -
|
Form |
Subject |
|
N-10 |
Deleted |
|
N-11 |
Deleted |
|
N-12 |
Pauper suits note book |
|
N-13 |
Deleted |
|
N-14 |
Deleted |
|
N-15 |
Notice of unclaimed property |
|
N-16 |
Despatch register |
|
N-17 |
Nazir's receipt form |
|
N-18 |
Deleted |
|
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 |
|
Form |
Subject |
|
N-22 |
Deleted |
|
N-23 |
Envelope |
|
N-24 |
Deleted |
|
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.
(for all)
(iii) the Licence fee for wooden cabins- Rs. 30/-per month.
(for all)
(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.
COMPOUND-FUND
RULES.
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 .
Witnesses:-
1. ____________ ______________________
2. ____________ (Signature of lessee)
K.F. 2 (Referred
in rule 5)
REGISTER OF
RECEIPTS OF THE ______ DISTRICT IN CONNECTION WITH
KUTCHERY COMPOUND
FUND
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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 |
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Arrears carried forward from last year |
Amount due for the current year |
Total due |
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Total |
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Number and date of instalments |
Amount Recovered
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Twelve monthly columns from April to March |
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April |
May |
June |
July |
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Rs. |
P. |
Rs. |
P. |
Rs. |
P. |
Rs. |
P. |
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Progressive total at the end of each month |
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Abstract
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
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August |
September |
October |
November |
December |
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Rs. |
P. |
Rs. |
P. |
Rs. |
P. |
Rs. |
P. |
Rs. |
P. |
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January |
February |
March |
Total recovered during the year |
Balance due at the end of year (to be carried forward) |
Remarks |
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Rs. |
P. |
Rs. |
P. |
Rs. |
P. |
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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
AMOUNT SPENT
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Description of work or nature of expenditure |
Twelve monthly columns from April to March |
Total expenditure for the year |
Remarks |
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April |
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May |
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June |
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July |
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August |
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September |
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October |
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November |
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December |
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January |
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February |
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March |
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Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
Rs. |
P |
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Total |
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K.F. 4 (Referred to in rule 8)
QUARTERLY STATEMENT SHOWING RECEIPTS TO THE KUTCHERY COMPOUND FUND
For the Quarter ending ______________________ 19
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Serial No. |
Annual demand |
Quarterly demand |
Receipts for last quarter |
Receipts for previous quarters |
Total |
Arrears |
Remarks |
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Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
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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 _____
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Year |
Opening balance |
Receipts |
Total |
Charges |
Closing balance |
Remarks |
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Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
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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
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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 ___________
Signature Signature
Address ________________ Address ________________
________________ _______________________
APPENDIX II
(Forms Referred in Paragraph 10.14)
FORM N -1
CONTINGENT CASH BOOK OF THE DISTRICT NAZIR_____________ DISTRICT
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Date |
Opening Balance |
Receipts |
Daily total |
Disbursements |
Closing Balance |
Details of closing balance, showing each with the nazir |
Remarks |
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Rs. P. |
Amount Rs. P. |
Head of account in contingent register |
Rs. P. |
Amount Rs. P. |
Head of account in contingent register |
Rs. P. |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
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FORM N-2 (PARAGRAPH 10.18)
Contingent Payment Order and Voucher
PAYMENT ORDER NO.
Report
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
Sd………..
Moharrir
Pay Rs……………..
Dated 19 Signature of officer, with the
amount in figures.
--------
VOUCHER NO.
……………………………, 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 …………………….
__________________________________________________________________________
Dated 19
Signature of payee.
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Receipts |
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Payments |
Repayment by means of refund vouchers |
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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 |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
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FORM N-4
(Paragraph 10.24)
Deposit Cash Book of the Nazir, district
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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 |
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FORM N-5
(Paragraph 10.34)
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 |
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Date |
No. of voucher |
Amount Refunded |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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Certified that I have compared the entries in this statement with those referred to in columns 3 and 4 and that they are correct.
Date Sd.
Nazarat Officer
Certified that I have compared the above entries with these in the treasury accounts and that they agree.
Date Sd.
Treasury Officer
Forwarded to the Accountant-General, Punjab Sd.
Deputy Commissioner
Dated
FORM N-6
(Paragraph 10.37)
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.
FORM N-7
(Paragraph 10.5)
Contingent Goshwara
Goshwara of contingent expenditure from in the court of
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Serial No. |
Date of payment |
Nature of expenditure |
Amount |
Total |
Remarks |
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Certified that the amounts specified above have been distributed.
Dated 19 (sd.)
___________________________________________________________________________
Reverse
Accounts have been checked and found correct except for items Nos.
amounting to Rs.
Orders may be passed for drawing Rs.. for contingencies
(Sd.)
Dated 19. Nazir
Pay Rs. and debit to
(Sd)
Dated 19
Deputy
Commissioner.
FORM N-8
(Paragraph 10.5)
Objection
Statement)
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.
Nazir
_________________________________________________________________________________
Serial No. Explanation
Date of payment
Nature of expenditure
Amount
Objection
_________________________________________________________________________________
FORM N-9
(Paragraph
10.5)
Register of tahsil/sub-division contingencies
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Income |
Expenditure |
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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 |
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FORM N-29*
(See rule 4 in Paragraph 10.36)
Register showing arms, ammunition in the malkhana at __________________
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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 |
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Destruction |
Deposit |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
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Initials of Nazarat Officer |
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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 |
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Despatch to arsenal |
District Magistrate's sanction to sale, and actual sale |
Destruction |
Restoration to owner |
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14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
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* 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
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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 |
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1 |
2 |
3 |
4 |
5 |
6 |
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FORM N-31
(See Paragraph 10.10)
(Form of register of road and diet money of witnesses to be maintained in each court)
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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 |
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From to and back |
Amount |
From to and Back |
Amount |
Number of days |
Daily rate |
Amount |
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1 |
2 |
3 |
4 |
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6 |
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7 |
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8 |
9 |
10 |
11 |
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REGISTER J
Register of property received into the Nazir's Store room
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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 |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
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SUGGESTIONS FOR
ECONOMY
11.1 General
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.
11.8
Tents.
Care should be exercised in condemning or in
replacing after condemnation tents out of which use may still be got.
11.9
Telephones
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.
11.11
Stationery
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 |
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(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.
STAMPS
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.
FORM A
IN THE COURT OF/OFFICE OF __________ IN THE __________
DISTRICT LIST OF CONNECTED CASES PRODUCED
IN THE CASE __________ PLAINTIFF
Vs
_________________DEFENDANT.
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. |
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FORM B
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 |
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2 |
3 |
4 |
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6 |
7 |
8 |
9 |
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13.6
to 13.7 Deleted.
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