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)    The usual index be replaced by the following forms :

(b)   The sheets showing chronological abstracts of orders be dispensed with.

(c)    Division of files into Parts ‘A’ and ‘B’ to be dispensed with and all the papers in a case ordered to remain in one cover.

(d)   All the cases decided by panchayats, one in a tehsil, in financial year be ordered to be kept in the General Record Room in three separate bundles for Civil, Revenue and Criminal cases.  There will thus be only three Goshwaras for panchayat cases of one tehsil.

 

Village Panchayat of _____________________ Tehsil ___________________________

 

Case No.

Nature of Case

Nature of cause or crime

Date of final order

Abstract of final order

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    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.

 

 

 

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