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HANDBOOK OF TRAINING
MINISTERIAL STAFF ATTACHED TO COURTS for
Institutional Area, Sector 26, Chandigarh 160 019Phone: 0172-2793588-91; Extn: 171; Fax: 0172-2793588-91 Extn: 400
Website: www.mgsipap.org; e-mail: [email protected]
Mahatma Gandhi State Institute of Public Administration, Punjab
J. R. SinglaDirector
Centre for Law Justice & Governance
MGSIPAP
Sr. No. Centre/Cells Coordinator E-mail/Mobile
1. Centre for Disaster Management (CDM) Mr S S Gill [email protected] 09301
2. Centre for Labour Welfare Studies (CLWS) Mr A S Ahluwalia [email protected] 30760
3. Centre for Law, Justice & Governance (CLJG)
Mr J R Singla [email protected] 69152
4. Centre for Participatory Management and Voluntary Organization (CPMVO)
Dr S Mudgal [email protected] 68178
5. Centre for Personnel Management (CPM) Mr H C Hatta [email protected] 09106
6. Centre for Poverty Reduction (CPR) Mr Haqiqat Singh Mr Harjit Singh
[email protected] 01358/99151 01020
7. Centre for Studies in Public Finance (CSPF) Mr Taranjeet Singh [email protected] 63939
8. Centre for Urban Governance & Development (CUGD)
Mr ACM Bhandari [email protected] 85057
9. Vidhan Sabha Study Centre (VSSC) Mr B S Dhillion [email protected] 62346
10. Cell for Evaluation Studies (CES) Dr. T. C. Goyal [email protected] 19018
11. Cell for Financial Management (CFM) Mr Jasbir Singh [email protected]; Ext: 240
12. Cell for Gender Development (GDC) Ms Gouri [email protected] 22006
13. Cell for Information Technology Training (CITT)
Mr Umang Sharma [email protected]; Ext: 226
14. Cell for Management of Civil Engineering Works (CMCEW)
Mr ACM Bhandari [email protected] 37600
15. Cell for Probity and Transparency in Governance (CPTG)
Mr S S Gill [email protected] 09301
16. Cell for Revenue Administration (CRA) Mr M S Banwait [email protected] 20819
Sr. No. Regional/District Centre Coordinator Mobile
1. MGSIPAP Regional Centre
Ferozpur
Sh. Gian Singh,
Programme Coordinator
93562 29666
2. MGSIPAP Regional Centre
Jalandhar
Sh. Darshan Singh
Programme Coordinator
99155-18105
3. MGSIPAP Regional Centre
Patiala
Sh. S. K. Ahluwalia, IAS (Retd),
Regional Project Director
98728 01705
4. MGSIPAP District Centre
Bathinda
Sh. Niranjan Singh
Programme Coordinator
96460 14502
5. MGSIPAP District Centre
Hoshiarpur
Sh. Surjit Singh, PCS (Retd)
Programme Coordinator
98140 45801
6. MGSIPAP District Centre
Kapurthala
Sh. R.C. Birah
Programme Coordinator
98146 78434
Sr. No. Divisions Coordinator E-mail/Mobile
1. Administrative Research Divison Dr R. K. Sharma [email protected] 30666
2. Administrative Training Division Mr Gagandeep [email protected]; Ext: 229
3. Documentation Divsion Dr P. Venkata Rao [email protected] 58120
4. Infrastructure Division Mr Vinod Sharma [email protected] 03265
Mahatma Gandhi State Institute of Public Administration, Punjab
Organs of the Institute
HANDBOOK OF TRAINING
MINISTERIAL STAFF ATTACHED TO COURTS
for
Published By
Mahatma Gandhi State Institute of Public Administration, Punjab,
Institutional Area, Sector 26, Chandigarh - 160 019
Ph: 0172-2793587-91; Fax: 0172-2793588-91/Ext-400;
E-mail: [email protected]; Website: www.mgsipap.org
Printed in January 2010
Mahatma Gandhi State Institute of Public Administration, Chandigarh has,
within a short span of time completed the "Training Analysis" for the ministerial staff
attached to the Judicial Courts in the States of Punjab and Haryana and worked
out a training syllabus with the help of experts including retired Judges. Training
Programmes were hithertofore confined to the training of Judicial Officers only.
Experience shows that such training enhances the efficiency of the officers and
promotes their ability to expeditiously dispose of cases. An efficient Judicial
machinery does not, however, imply efficient Judicial Officers only. The same, to a
large extent, also depends upon the efficiency of the ministerial staff attached to
the courts. In order that efficiency and productivity of the courts is further
enhanced, it is necessary that training is imparted even to the ministerial staff, for
delay in the disposal of cases is often attributed to the inapt, inefficient and
unsatisfactory handling of matters by the ministerial staff. Training of `Trainers'
undertaken by the Mahatma Gandhi State Institute of Public Administration,
Chandigarh, is in the above backdrop a significant step towards capacity building
of the judiciary as an institution at all levels.
I congratulate Mr. B.K. Srivastava, Director General of the Mahatma Gandhi
State Institute of Public Administration, Chandigarh, for the commendable work
done by the institute and wish the training programme success.
SUPREME COURT OF INDIANEW DELHI-110001
Tel. 2301898923018082
MESSAGE
December 30, 2009
Justice T. S. Thakur
Judge
Supreme Court of India
(T.S. Thakur)
Justice Mukul MudgalChief Justice, Punjab & Haryana High Court
No. 35, Sector 4, Chandigarh 160001 • Phone: 2740880 (O), 2749770 (R)
MESSAGE
Mahatma Gandhi State Institute of Public Administration, Punjab has
done a commendable job in preparing the handbook for training of
ministerial staff attached to the Courts. The training manual extensively deals
with Civil and Criminal Code Procedures, accounts and personnel matters. It
has also a chapter on Right to Information Act. I am sure that the manual
prepared by the Institute will go a long way in improving the functioning and
efficiency of the ministerial staff of the Courts.
(Mukul Mudgal)
January 5, 2010
Page No.
Foreword (i)
Preface (iii)
Letter to Hon’ble Mr. Justice T. S. Thakur (v)
About Centre for Law Justice & Governance (vi)
Civil Court Procedure
Chapter 1 Categories of ministerial staff 1
Chapter 2 Duties of ministerial staff 2
Chapter 3 Court hours 4
Chapter 4 Reception of plaints and petitions etc. 5
Chapter 5 Examination of plaint 6
Chapter 6 Distribution of cases 8
Chapter 7 Daily Cause List 9
Chapter 8 Processes of Civil Cases 11
Chapter 9 Dismissal of suits where summons not served in 12
consequence of plaintiff's failure to pay Process Fee etc
Chapter 10 Issue of service of summons 13
Chapter 11 Return of plaint 14
Chapter 12 Rejection of Plaint 15
Chapter 13 Written statement, set off and counter claim 16
Chapter 14 Admission and denial of documents and framing of issues 17
Chapter 15 Documentary evidence 18
Chapter 16 Hearing of suits, adjournments, examination of witnesses 20
etc.
Chapter 17 Remuneration to witnesses in civil and criminal cases 21
Chapter 18 Judgment and decree 24
Chapter 19 Fee of counsel 25
Chapter 20 Supply of certified copies of judgment, & order 27
Chapter 21 Appeals 28
Chapter 22 Civil Court Account 31
Chapter 23 Succession Certificate 32
Chapter 24 Execution of Decrees 33
Chapter 25 Process Serving Agency 41
Chapter 26 Maintenance of account 43
Chapter 27 Civil Court Deposit Account 44
Chapter 28 Sheriff's Petty Account 47
Chapter 29 Preparation and maintenance of judicial record 58
Criminal Court Procedure
Chapter 30 Practice and procedure in the trial of criminal cases 68
Chapter 31 Cognizance of offence by Magistrate 69
Chapter 32 Processes for appearance of accused persons 71
CONTENTS
Chapter 33 Traffic Police challan cases 74
Chapter 34 Cancellation /untraced reports 75
Chapter 35 Procedure regarding re-arrest cases 76
Chapter-36 Appeals in criminal cases 77
Chapter-37 Procedure where bail bonds have been forfeited 79
Chapter-38 Custody of property sent in by police 80
Accounts and Personnel Matters
Chapter 39 Govt. Employees Conduct Rules, 1966 81
Chapter 40 General Provident Fund Rules. 84
Chapter 41 New Structured Defined Contributory Pension 88
Chapter 42 Preparation of Pension papers at the time of retirement 91
Chapter 43 Preparation and execution of Budget 95
Chapter 44 Punishment and Appeal Rules. 99
Chapter 45 Outlines of CSR (Leave Rules) 103
Chapter 46 Rules regarding Dismissal, Suspension, Removal and 108
Resignation
Chapter-47 Rules regarding Joining Time 110
Chapter-48 Rules regarding Leave Travel Concession 113
Chapter-49 Group Insurance Scheme 115
Chapter-50 List of Important Forms, Processes (Civil and Criminal) 117
Chapter 51 List of Registers to be maintained (Civil & Criminal) 121
Chapter-52 Important forms and registers to be maintained in Sheriff's 125
Petty Account Civil Court Deposit account and Process
Serving Agency
Chapter-53 Cannons of judicial ethics, conduct towards litigant public, 126
co-employees and Advocates
Other Acts and Rules
Chapter-54 Right to Information Act, 2005 128
It is matter of immense satisfaction that the 'training of trainers' for the ministerial staff attached to
the Judicial Courts has taken shape, thanks to the diligence of Sh.J.R.Singla, who is heading the
Centre for Law, Justice and Governance in this institute.
Justice T.S.Thakur, the then Chief Justice of our hon'ble High Court had invited us to a meeting of the thTraining Committee of the High Court on 28 May, 09 and asked us to design and organize this training
programme. It is heartening that the new Chief Justice, Justice Mukul Mudgal has accorded
appreciation for our endeavor and agreed to inaugurate the programme.
In the instant training programme we have not taken into account the shape of things that would
emerge after the implementation of e-court initiatives. We are seized of the matter and would
suitably modify the training programme as and when the e-court system is introduced.
The Centre for Law, Justice and Governance is concerned with a large spectrum of principles and
functions associated with the law, justice and governance. Eventhough law making is primarily a
function of the legislature, it is the government in parliamentary system that often takes proactive
view in legislation.
Government and its various institutions function under certain statutory frameworks and are
required to remain attuned to principles of jurisprudence because a lot of quasi-judicial functions
have to be discharged by the functionaries of the Executive.
The government must also remain in touch with the judiciary so that the objectives of justice are
achieved harmoniously.
The Mahatma Gandhi State Institute of Public Administration, Punjab would feel grateful for
suggestions and cooperation received in this regard from all quarters. The institute functions on a
very wide range of subjects and an idea about the same may be had from the list of Centres and
Cells described inside the cover page of this booklet.
Mobile: 094177-91431 (B.K.Srivastava)
Email: [email protected] Director General
FOREWORD
(i)
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fJz;NhfuT{;aBb J/ohnk, ;?eNo 26, uzvhrVQ ^ 160 019
Mahatma Gandhi State Institute of Public Administration, Punjab
Institutional Area, Sector 26, Chandigarh - 160 019
(A society under the patronage of Government of Punjab devoted to Research, Training & Consultancy in Public Administration and allied fields of Management)
MGSIPAP
Director General : 0172-2792114 (O) 0172-2701431 (R)Director : 0172-2793587 (O)
0172-2698821 ®EPBX: : 0172-2793588-91Fax : 0172-2793588-91 Extn: 400 E-mail : [email protected]
mgsipap.punjabmail.gov.inWeb : www.msgipap.org
(ii)
Today the biggest challenge before the Indian judicial System is delay in dispensation of justice. Backlog
and delay erodes public trust and confidence in the legal and judicial system, undermines social justice
and the realization of human rights and slows socio-economic development. The judges and the staff
attached to the courts are important organs of the justice delivery system. The National Judicial
Academy/ State Judicial Academies have undertaken the job of giving skilled training to the judicial
officers, no efforts have been made towards capacity building- of ministerial staff in the subordinate
courts. If the ministerial staff is fully equipped with the working technique and latest technology, it will
prove very useful in quick disposal of business in justice delivery system. There is a great need of imparting
training to them to enhance the working efficiency of the judicial officers. Hon'ble Justice T.S.Thakur,
Judge Supreme Court of India has rightly observed in his message ”An efficient judicial machinery does
not, however, imply efficient Judicial Officers only. The same, to a large extent, also depends upon the
efficiency of ministerial staff attached to the courts. In order that efficiency and productivity of the courts
is further enhanced, it is necessary that training is imparted even to the ministerial staff, for delay in the
disposal of cases is often attributed to the inapt, efficient and unsatisfactory handling of matters by the
ministerial staff.”
I worked in the judicial courts for more than 20 years and retired as Additional District and Sessions Judge
from Punjab. A Centre for Law, Justice and Governance was set up in the Institute by the earnest efforts
and vision of Sh. B.K.Srivastava, IAS who is the present Director General of the Institute. He brought me as
Director of the Centre for examining issues concerning law, justice and governance and to undertake
projects that seek to make a difference among the general public.
I thought that it would be of great advantage for the court staff, the Presiding Officers of the courts and
the general public if a structured training could be organized for the court staff so that they were
enabled to work with confidence and efficiently as delay in the disposal of cases is often also greatly
due to inefficient and unsatisfactory handling of cases by the ministerial staff. The Director General
and the Hon'ble High Court appreciated the idea. The Hon'ble Chief Justice and the judges, constituting ththe Training Committee of the High Court, held a meeting on 28 May 2008 where the Director General
and myself were invited to discuss the various aspects of the training. The Hon'ble High Court entrusted
the project to this Centre. The Centre held two TNA workshops of selected personnel representing all
categories of ministerial staff from the states of Punjab and Haryana and finalized outlines of the training
progrmme after incorporating the suggestions made by the participants. The training material was
prepared by the experts/ retired District and Sessions Judges.
I am grateful to Mr.Jagroop Singh Mahal, District Sessions Judge (Retd) now President ,District Consumer
Disputes Redressal Forum-I,UT,Chandigarh, Sh.B.R.Bansal, Addl.District and Sessions Judge(Retd), Sh.
Gurbir Singh, Additional District and Sessions Judge, Labour Court, Chandigarh , Sh.Kashmir Singh Bhullar,
Addl. and District Sessions Judge,(Retd) who have helped in preparing the training material for the
participants. Without their support it would not have been possible for me to prepare the handbook. They
deserve all appreciation and gratitude. I am also grateful to Sh.Varinder Aggarwal, Additional District
and Sessions Judge, now Registrar (Rules), Punjab and Haryana High Court, Chandigarh who was great
instrumental in arranging the training project. Our thanks are also due to Sh.R.P.Bajaj, District and Sessions
Judge(Retd.), who edited and suggested improvements in the training material prepared by the Centre.
PREFACE
(iii)
CENTRE FOR LAW, JUSTICE & GOVERNANCE
We are specially grateful to Shri Ramesh Kumar, Secretary (Retired) and Shri Bhoj Raj Kathuria, COC
(Retd.) who typed out the training material and they also gave their valuable suggestions from time to
time in making improvement in the training material.
The institute will impart training to the employees selected as Trainers who will further impart training to the
court staff in the Sessions Divisions in the States of Punjab, Haryana and UT, Chandigarh. The Hon'ble High
Court has already forwarded a list of 162 participants for the purpose,4-5 employees from each Sessions
Division. They have been divided into 5 groups for purpose of training and the training shall commence
shortly. The Hon'ble Chief Justice, Punjab and Haryana High Court Chandigarh has very kindly agreed to
inaugurate the training programme on the first day of training.
Chandigarh J.R.SINGLA,
18.01.2010 Addl. District And Sessions Judge (Retd),
Director
(iv)
B.K. Srivastava, IAS, D.O. No.DG/CLJG/2009/13970
Director General Chandigarh 22 December, 2009
(Mobile No. 94177 91431)
Hon'ble Justice Thakur,
As advised by your goodself, this Institute undertook training need analysis of the
ministerial staff attached to the judicial courts in Haryana and Punjab. A series of
workshops were held for the purpose. Based on the feedback received, we worked out
the training syllabus and, accordingly, engaged knowledgeable persons, particularly
retired District Judges to write chapters of the reading material for the trainees.
2. I enclose the booklet compiled on the basis of such inputs and request your
lordship to favour us with your message, observations and guidance.
3. Keeping in view the large number of staff to be trained, we have decided to train
selected trainers who would further conduct the training in the districts. If you kindly
recall, you had advised us to prepare the module, syllabus, reading material, etc. and
select trainers. The Institute took it as an honour and privilege to complete the job with
expedition and diligence.
4. Hon'ble Chief Justice Mudgil has agreed to inaugurate the training of trainers on th18 January, 2010. As this booklet is to be printed soon, may I request your honour to
spare a few moments to glance through this booklet and sent your message by e-mail
([email protected])/post.
With regards,
Yours sincerely,
(B.K.Srivastava)
Hon'ble Mr. Justice T.S. Thakur,
Supreme Court of India
New Delhi
nd
(v)
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fJz;NhfuT{;aBb J/ohnk, ;?eNo 26, uzvhrVQ ^ 160 019
Mahatma Gandhi State Institute of Public Administration, Punjab
Institutional Area, Sector 26, Chandigarh - 160 019
(A society under the patronage of Government of Punjab devoted to Research, Training & Consultancy in Public Administration and allied fields of Management)
MGSIPAP
Director General : 0172-2792114 (O) 0172-2701431 (R)Director : 0172-2793587 (O)
0172-2698821 ®EPBX: : 0172-2793588-91Fax : 0172-2793588-91 Extn: 400 E-mail : [email protected]
mgsipap.punjabmail.gov.inWeb : www.msgipap.org
ABOUT
CENTRE FOR LAW JUSTICE AND GOVERNANCE
INTRODUCTORY
The Centre for Law, Justice and Governance at the Mahatma Gandhi State Institute of Public
Administration, Punjab is a research and training institution, engaged in addressing issues concerning law,
justice and governance. It undertakes projects that seek to make a difference for the community by
advancing awareness and facilitating improvements in the fields of law, justice and governance.
The mission of the Centre aims at undertaking quality research to suggest ways and means for
improvements in the quality of justice through statutory, judicial and executive processes and building
capacity of the functionaries of the state government to perceive, plan and administer best methods of
just governance and create a joint forum for objective examination of the issues, systems and factors that
have contributed to the mess and suggest practical, effective and economical remedies.
AIMS AND OBJECTS
Some areas in which the Centre will endeavor to make research and studies are as under:
1. Studies of important laws by evaluating its use, abuse and other shortcomings – about a dozen of
laws can be taken up for evaluation study every year.
2. Detailed analysis of specific types of litigation- labour courts, family courts, different types of
criminal cases, building-vacation and rent cases, inheritance disputes, cases of commercial
nature, employees cases in personnel matters against the government etc.
3. Evaluation of legislative initiative in Punjab.
4. Evaluation of legislative initiative of state governments in matters of concurrent list.
5. Evaluation of quality of legislative drafting.
6. Analysis of litigation between government & public and government & employees in order to find
out where the fault lies- whether in the statue or in its implementation and observance.
7. A management perspective to suggest such designs of statutory interventions as conduce to
efficiency in management pragmatic review systems.
8. Analysis of litigation from various angles such as: -
- Causes of litigation and problems of adjudication
- Causes of delay possibilities of alternate disputes resolution
- Monitoring and management for expeditious disposal of court cases.
9. Accountability of police and prosecution due to violation of human rights in false or negligent
booking of accused persons / implication under unwarranted sections of IPC/ other laws.
10. Study of the causes leading to various types of criminal cases with a view to reduce possibility of the
offences by removing / mitigating the causes.
11. Restitution of victims of crime or vexatious civil litigation.
12. Exploring alternate redressal system for minor crimes or for certain types of crimes.
To achieve these objectives the Centre has held various workshops, conferences at Chandigarh,
Jalandhar and Patiala and shared the views with the persons who are directly or indirectly involved in the
making of law, its governance and those who are directly affected with such laws or its governance.
PRIORITY AREAS
In order to achieve the objectives and to make research and studies for reforms and training, the Centre is
to prioritize the following areas/projects:
(I) Alternative Disputes Resolution Mechanism- Civil Litigation.
(ii) Alternative Disputes Resolution Mechanism-Criminal Litigation.
(vi)
(iii) Litigation: Govt. litigation, Personnel Matters.,Contracts.,Other Areas
(iv) Study/suggest Reforms in Criminal Justice System- investigation, Prosecution trial procedure,
accountability, bail/arrest, FIR, separate criminal courts and plea-bargaining.
(v) Reforms in Police Administration-Police Act, Police Rules and State & District level Police
Accountable Authority.
(vi) Tribunal Policy and Study of Functioning of Tribunals.
(vii) Study of Selected Governance Laws.
(viii) Training of Ministerial Staff attached to Courts.
(ix) Bi-annual journal of the Centre.
(x) Problems of cheque bounce cases, its remedial measures and reforms including amendments
required in the Negotiable Instruments Act.
(xi) Evaluation of arbitration laws and amendments required in the Arbitration and Conciliation Act,
1996.
(xii) Facts and fiction of criminal cases.
(xiii) Drafting of Punjab Police Rules.
(xiv) Promoting ADR compounding mechanism in criminal litigation.
(xv) Pecuniary punishment in lieu of sentence of imprisonment under IPC and other laws.
(vii)
For the purpose of this training and keeping in view the duties being performed, the entire staff attached
to the courts can be categorized in the following groups:-
(i) Clerical Staff
(ii) Stenographers/Judgment Writers
(iii) Nazir/Naib Nazirs
(iv) Process serving agency.
Clerical Staff
The initial recruitment of the clerical staff is made as a Clerk. These Clerks are posted and assigned
different duties from time to time such as Ahlmads, Reader to Civil Judges, Copy Clerk, Record room
Clerk, Malkhana Clerk, Naib Nazir and Clerk of the Court. Thereafter, by seniority, the Clerks are
promoted as Senior Assistant and in that capacity they are posted as Readers to the District and Sessions
Judges and Additional District and Sessions Judges, Incharge Record Room, Nazir, English Clerk,
Translator etc. Thereafter, the Assistants earn the promotion of Deputy Superintendent and
Superintendent under the service rules. The duties of clerical staff are, therefore, interchangeable from
one post to another while working in the courts. Therefore, all the clerical staff has to be given training on
all the matters relating to the above categories of posts. The Clerical staff assists the courts from the stage
of filing of the plaints, applications, complaints etc., to the final disposal of the case. They are, therefore, to
be given training in respect of all stages of the cases. The various duties to be performed by each
category cannot be given in detail. However, some of the duties to be performed by them are
enumerated in Chapter-II.
CATEGORIES OF MINISTERIAL STAFF
1
1
Duties of Supdt.Grade I, II in the office of District & Sessions Judge; & C.O.C. in the office of Civil
Judge, Senior Division.
1. Control over the staff;
2. Receptions of plaints/appeals, petitions and to scrutinize the same.
3. Issue of certified copies.
4. To check the accounts.
5. Inspection of Lower courts.
6. Office correspondence.
7. To maintain attendance register of staff.
8. Supervision of Record Room.
9. To maintain ACRs & property returns of officers.
Court Readers
1. Preparation of daily cause list.
2. Maintenance of Peshi Register.
3. Preparation of decree sheets.
4. Examination of plaints and petitions etc. and to check that the proper court fee has been affixed
and to cancel the court fee stamps.
5. Recording of evidence on dictation of the Presiding Officer.
6. To maintain attendance register of the staff and their casual leave record.
7. To prepare the periodical statements.
8. To maintain disposal of cases register.
9. To maintain fine registers, to receive & deposit the fine amount, issuance of receipts of fine
received and to get the deposit of fine verified from the Treasury every month regularly.
10. Maintenance of Library in the Courts of Civil Judges.
11. Preparation of History sheets as and when required by the District & Sessions Judge or the Hon'ble
High Court.
12. Attestation of certified copies.
Ahlmads
1. To maintain all the relevant registers properly as required by rules.
2. Registration of newly instituted cases and to index the same.
3. To issue the processes in the judicial files as ordered by the court.
4. To attach the summons in the judicial files and to make reports on the order sheets of the
concerned files regarding service of the processes
5. To make proper entries in the registers regarding result of the cases and to enter goshwara
numbers in the registers.
6. To prepare the indexes of the files for consignment and to consign the same in the Record Room
well within the prescribed period...
7. Proper maintenance of judicial files and the documents produced by the parties in the cases in
safe custody.
8. Preparation of periodical statements required by the District & Sessions Judge & Hon'ble High
Court.
DUTIES OF MINISTERIAL STAFF
2
2
9. To get the files inspected under the rules from the parties or their counsels.
Civil Nazir
1. To submit reports relating to the members of the establishment of their duties to the Civil Judge (Sr.
Division)
2. To arrange for the distribution of processes amongst the process servers and Bailiffs and the
transmission to the agencies located at Tehsil Headquarters and ensure their timely distribution
and execution/service of processes,
3. To see that the prescribed accounts are properly maintained by the staff working under his
immediate control;
4. To prepare correspondence regarding the payment of diet money of witnesses and other similar
matters and
5. To maintain Civil Code Deposit Register and disbursement record thereof.
Nazir/Naib Nazir
1. To have proper control over the process Servers.
2. To entrust the processes to the Process-Servers and to ensure the service of processes and their
return well within time.
3. To ensure that the processes received from Hon'ble High Court and Supreme Court are served
positively and returned well within time on priority basis
4. Maintenance of proper accounts in the courts under the rules.
5. Proper maintenance of the stores of the courts.
6. To maintain registers regarding deposits and disbursement of diet money of witnesses in civil and
criminal complaint cases.
7. Nazir District and Sessions Courts to maintain registers and record regarding receipt and
disbursement of compensation in MACT and Land Acquisition cases.
G.I.S and G.P.F. Clerks
To maintain G.I.S. & G.P.F. accounts of the staff properly and to send them the statements every year
regularly.
Copyist
To maintain the required registers regularly and properly and to prepare and deliver the certified copies in
accordance with the relevant rules and procedures prescribed under High Court Rules and Orders
Volume 4.
Judgment writer
To take the dictation from Presiding Officer and type the judgments and to prepare the certified copies of
Judgments, if applied for by the parties in anticipation of the pronouncement of Judgments and also to
prepare the certified copy of judgment in criminal case if the accused is/are convicted in a warrant
case/s.
Stenographers
To take the dictation from the Presiding Officer and to type the same and to record the evidence on
dictation of Presiding Officer.
Librarian
To maintain the Library in the Office of the District & Sessions Judge, Properly and in safe custody along
with requisite records and registers.
3
As provided in High Court Rules and Orders Volume I, Chapter I Part A, all Civil and Criminal Courts in
Punjab, Haryana and Union Territory, Chandigarh shall sit at the same hour on every day except holidays
for Civil Courts. The ordinary Court hours are from 10.00 A.M to 4.00 P.M. with an interval for lunch from 1.00
to 1.30 p.m. Saturdays shall be full working days for Courts and offices attached thereto but the second
Saturday of each month may be observed as a close day. The working hours for officials attached to the
Courts are from 10.00 A.M. to 5.00 P.M.
These hours may be varied in summer (May to August) with the previous sanction of the High Court if it
would be for the convenience of the litigating public generally and of the Courts to do so.
The members of the ministerial establishment of the Courts should (subject to any special rules regarding
the Vacation Department) attend their offices on all working days except on holidays allowed to Civil
Courts. Any official may, however, be ordered by the Presiding Officer to attend office on a holiday to
clear arrears. Any official should not, except in most exceptional cases, be made to attend on a holiday
pertaining to his religion.
It is expected that the ministerial staff should be present on their respective seats well before the start of
court hours so that the files and other documents are put to the court in time.
COURT HOURS
3
4
As per the present procedure being followed, the cases pertaining to the courts of District Judges are filed
before the Superintendents in the office of District and Sessions Judge whereas the cases pertaining to
the subordinate courts at District Headquarters are filed before the Clerk of the Court attached to the Civil
Judge (Senior Division). At some places like Chandigarh, all the plaints and applications etc., are filed in a
Filing Section, specially set up for this purpose where a Deputy Superintendent receives these who is in-
charge of the Section. At Tehsil Headquarters the cases are presented in the court of Additional Civil
Judge (Senior Division) and entrusted to different courts by him.
The plaints and petitions are to be received by the person authorized to do so on every day, unless it is a
holiday, during court hours. These plaints and petitions are to be presented before the distributing
officer/judge for distribution among the competent courts having the relevant jurisdiction.
Urgent Cases
In urgent cases, the judge, who is authorized to distribute the cases, may exercise his discretion and
personally receive and allow the case to be presented to him direct at any time. After allowing the
petition to be received, he will send the same to the filing section for checking that the petition has been
duly instituted after compliance of all the requirements.
Who can file petitions
The plaints and petitions must be filed, except when otherwise specially provided by law for the time
being in force, by the party in person or by his recognized agent or by duly authorized Advocate.
Recognized agencies are described in order 3 rule 2 of CPC. When the parties file petitions etc., through
the Advocates or agents, duly authorized on their behalf, their power of attorney, is to be filed in original,
with the plaint. Where the power of attorney is general one in favour of a private person, a copy should
be filed and the original should be presented for verification.
Suits by indigent persons (Pauper)
Where a suit is instituted by an indigent person he will make an application for seeking permission to sue as
an indigent person along with suit. The application shall contain the particulars required in regard to
plaints in suits. It will be presented personally by the applicant.
Sending by post
The reception of plaints/petitions made under the CPC for judicial purposes by post is prohibited. All such
applications received by posts are to be filed under the orders of the presiding officer on each such
application with an endorsement “having not been properly presented”. The Ahlmad should make a
report and submit to the court for order.
RECEPTION OF PLAINTS AND PETITIONS ETC.
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Examination of the plaints/petitions/applications etc
On the presentation/receipt of the plaints etc., the Superintendent/ COC/Reader/ Filing Section
Incharge shall examine it with reference to the following points: -
(i) Whether the plaint contains, the particulars specified in Order VII Rule 1 and conforms to the
other rules of pleadings in Order VI and VII and rules made by the High Court there under;
(ii) Whether the plaint is properly stamped;
(iii) Whether there is, prima facie, case of any non-joinder of parties or mis-joinder of causes of
action;
(iv) Whether any of the parties to the suit are minors and, if so, whether they are properly represented
as laid down under the relevant law.
(v) Whether the plaint is duly signed and verified;
(vi) Whether the suit is within the jurisdiction of the Court or must be returned for presentation to
proper Court (Order VII, Rule 10);
(vii) Whether the plaint is liable to be rejected for any of the reasons given in Order VII, Rule 11;
(viii) Whether the documents attached to the plaint (if any) are accompanied by list in the prescribed
form and are in order;
(ix) Whether the plaintiff has filed his address for service during the litigation as required by rule 19 of
Order VII as framed by the High Court.
(x) In money suits, whether the plaintiff has stated the precise amount he claims.
(xi) Whether the plaintiff has stated in his plaint regarding the documents on which he relies his claim
and are not in his possession and a statement to the effect that as to in whose possession or
power they are;
(xii) Whether the plaintiff has filed the address of the opposite party in the prescribed form.
(xiii) A statement to the effect that the plaintiff has not filed a same or similar suit between the same
parties on the same subject matter in any other court in India
Order VII of the Civil Procedure Code particularly states the requirement of the plaint. Rule 1 states the
following particulars, which the plaint shall contain;
(a) the name of the court in which the suit is brought;
(b) the name, description and place of residence of the defendant, so far as they can be
ascertained;
(c) the name, description and place of residence of the plaintiff;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that
effect.
(e) the facts containing the cause of action and when it arose;
(f) the facts showing that the court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
allowed or relinquished; and;
(i) Where the plaintiff sues in a representative character, the plaint shall show not only that he has
an actual existing interest in the subject matter, but also that he has taken the steps (if any)
necessary to enable him to institute a suit concerning it.
EXAMINATION OF THE PLAINT
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(j) a statement of the value of the subject-matter of the suit for the purpose of jurisdiction and of
court-fee, so far as the case admits.
Besides, the above, the plaint should also show the following points:-
(k) where the suit is for movable property or for debt of which the value cannot be estimated, the
plaint shall state the approximate amount or value of the movable property or debt, as the
case may be (Order VII Rule 2);
(l) where the subject matter of the suit is immovable property, the plaint shall contain a
description of the property sufficient to identify it;(Order VII Rule 3);
(m) in cases of suits which are time-barred, the grounds of exemption from limitation law (Order VII
Rule 6;
(n) every plaint shall state the relief which the plaintiff claims in the last para as prayer clause.
Verification of pleadings
Every plaint/pleadings shall be verified at the foot by the parties or one of the parties pleading or by some
other person acquainted with the facts of the case. The person verifying the pleadings shall specify by
reference to the numbered paragraphs of the pleadings what is verified of how own knowledge and
what he verifies on the information received and believes to be true. The verification shall be signed by
the person making it alongwith the date and the place where it has been signed.
Further, as per amendment w.e.f 1.7.2002, the person verifying the pleadings shall furnish an affidavit in
support of his pleadings. The affidavit required to be filed under amended section 26(2) and Order VI
Rule 15(4) of the Code has the effect of fixing additional responsibility on the deponent as to the truth of
the facts stated in the pleadings. It is, however, to be noted that such affidavit would not be evidence for
the purpose of trial. On amendment of the pleadings, a fresh affidavit shall have to be filed in
consonance thereof.
Action to be taken in the Filing Section
If on checking it is found that there is some deficiency in compliance of the rules mentioned above, the
same will be marked on the check memo by the Supervisor/Superintendent/COC/Reader, as the case
may be, who checks the plaints etc., and he will inform the Counsel to make necessary compliance and
re-file the same after doing the needful.
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The plaints and petitions, presented in the Filing Section, shall, after deficiencies have been removed, will
be placed before the District Judge or before the Civil Judge (SD), Additional Civil Judge (SD) at Tehsil
Headquarters authorized by him under Section 37 of the Punjab Courts Act he will distribute the cases
among the Civil Courts, keeping in view the jurisdiction of such courts. The distribution of cases shall not be
left to the staff. The judge shall do it personally under his own signatures. At the end of each day, a list of all
cases so distributed shall be displayed on the notice board of the court distributing the cases by the
Superintendent/COC/Reader as the case may be. Similarly, each court should display a list of cases
assigned to it by the Distributing Officer.
DISTRIBUTION OF CIVIL CASES
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A list of cases to be taken up by the court on a particular date is known as cause list. The cause list is to be
prepared by the Court Reader every day. The cases in the cause list are to be arranged in such a manner
that the matters relating to appearance are listed on the top, written statements, replications etc.
Thereafter,cases fixed for preliminary hearing and framing of issues are to listed. Thereafter, the cases of
civil and criminal evidence are to be listed and thereafter the cases fixed for arguments on applications
and the cases for final arguments are to be listed. In some courts software have been provided in the
computers and by operating the said software the Reader can enter the cases every day in the
computer and thereafter it will go to the relevant date and category. The cause list is to be prepared in
the following proforma and the cases be entered age wise under each category (Older the case higher
in the list): -
IN THE COURT OF ......................................................................
CAUSE LIST FOR (day of the week and date).................................
`
The Reader shall ensure that the cause list is exhibited on the notice board of the court at least by the after
noon of the day preceding to which they relate so that the litigants and lawyers may take a note of their
cases and they may promptly attend the cases. The Reader shall also maintain a Peshi Register in which
he will record the cases fixed on any particular date and on that date he will also record the next date of
adjournment and will again enter the case on the cases fixed for that date in the peshi register.
Some general guide lines for the Ahlmads for processing the daily cases received for compliance from
the court:
Due to heavy institution of cases in the court, the Ahlmads have much work to do. They remain busy
through out the day in making compliance of the court orders on the files. There are some hints for them
and if they follow the same, they are likely to dispose of the work more quickly, efficiently and it will not
delay the completion of the process as per orders of the court.
nThe Ahlmad shall submit all the files fixed for the next day to the Reader so that he may prepare the
cause list and display it on the notice board well in time.
nBefore starting the work of the day he will sort out the files received from the court, fixed on the
previous day, with the orders of the court. First of all he will tag all the loose papers with the files.
nThereafter he will sort out the files and put it in four categories. In one category he will put all the
newly instituted cases. In the second category he will place all the decided cases. In the third
category, the cases in which compliance is to be made and in fourth category in which no
compliance is required to be made but these files are to be restored in the bundles for the dates on
which these are fixed.
nThe Ahlmad shall enter the newly instituted cases in the relevant registers and put the registration
number on those files. The files shall be indexed and kept in the cases for compliance to be made.
DAILY CAUSE LIST
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Sr. No. No., date of institution and description of the case
Plaintiff, Appellant orPetitioner
Defendant or Respondent
Stage of the case viz for issues, evidence, arguments
Remarks/names of counsels for the parties
nThereafter, he will make the compliance, as per orders of the court, keeping in view the priority of the
case fixed in those cases. The cases in which short dates are given should be complied with first and
thereafter the other cases.
nAfter making compliance on all the files, he will restore the files in the bundles as per date fixed in the
cases.
nLast of all he will index the files of decided cases and prepare the file for consigning the same to the
Record Room and then consign the same to the Record Room within 15 days from the date of
decision and a certificate to this effect has to be attached with the monthly statement.
nThe Ahlmad while doing the above work shall ensure that the Advocates or the Clerks or the litigants
do not interrupt him. He will politely request them to visit after lunch unless it is very urgent so that he
may properly attend them.
nThe Ahlmad is the custodian of record. If any document is missing or taken away by any party he is to
be held responsible for that. It is therefore desirable that the inspection of files by the advocates is
made in his supervision and the notes which they want to take shall be taken in lead pencil. In no
case they should be allowed to temper with the record. The Ahlmad shall allow the inspection of
record only when the court allows the inspection. He will also enter the application in the file
inspection register and will also note down the name of the person who has inspected the file and
record the time during which the file was inspected.
nThe Ahlmad shall not allow any file to be taken out by any Advocate or his Clerk for any purpose from
his room and whenever Ahlmad wants to leave his room, he shall properly lock his almirah. It has
been observed that some persons take away the files from the Ahlmads for getting Photostat copies
of the statement of witnesses or documents even without any orders of the court. The person
concerned can take the photocopies under the rules with the permission of the court.
nThe Ahlmads shall also take care that the judicial files are not given even to the PPs or APPs and they
should also be asked to inspect the file under their supervision in the Ahlmad room. Sometimes these
APPs hand over the files to opposite counsel for getting Photostat copies of the statements and
documents which is very wrong.
nIn no case the inspection of files by the Clerk of the Advocate or unauthorized person be permitted.
nThe inspection of the file is an important part of the duties of the Ahlmad and, if possible, it be done
under the eye of an Inspection Clerk or the assistant or additional Ahlmad.
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When the case is received in the court to which it has been sent by entrustment, it shall be the duty of the
Reader of the Court, to which they are attached, that these are properly stamped. The Reader will be
primarily responsible for loss of revenue caused to Govt. by insufficient court fee or stamps on the suits and
applications. The Reader shall also cancel/punch the judicial stamps affixed on the plaint/documents
etc. The Reader will immediately put up the file to the Judge with his report.
Procedure on admitting the plaint
Where the suit has been duly instituted the Court shall order for registration of the suit, for the issue of
summons to be served on defendants in the manner provided in Rule 9 of Order V. The Court will also
direct the plaintiff to present as many copies of the plaints as there are defendants, within 7 days from the
such order alongwith requisite fee for service of summons on the defendants. After entering the suit in the
civil suit register the Ahlmad will assign the suit number on the suit file and thereafter issue the process of
summons. The Civil Suit Register shall be in the prescribed form given in part A-4 of Punjab and Haryana
High Court Rules & Orders Vol. 6 bearing No. 1.
PROCESS OF CIVIL CASES
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Where on the date of hearing fixed it is found that the summons have not been issued/served upon the
defendant in consequence of the failure of the plaintiff to pay the process fee or the postal charges, if
any, chargeable for such service, or failure to present copies of the plaint, as required by Rule 9 of Order
VII of CPC. The Ahlmad shall make a report on the left side of the order sheet of file and the court may
make an order that the suit shall be dismissed.
DISMISSAL OF SUITS WHERE SUMMONS
NOT SERVED IN CONSEQUENCE OF PLAINTIFF'S
FAILURE TO PAY PROCESS FEE ETC..
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Under Order V CPC, when a suit has been duly instituted and the court passes an order a summons may
be issued to the defendant by the Ahlmad to appear and answer the claim and to file the written
statement of his defence, if any, within thirty days from the date of service of summons on that defendant
extendable up to 90 days by the court on the application of defendant giving cogent reasons. Every
summons shall be accompanied with a copy of plaint. The summons shall be issued in the prescribed
printed proforma to be supplied by the plaintiff duly filled in leaving the date blank, along with the copies
of the plaint to be supplied by the plaintiff equal to the number of defendants, if so ordered by the Court
and in the ordinary course the Ahlmad shall issue the summons in routine on payment of process fee of Rs.
50/- which shall paid at the time of filing the case (amended by Hon'ble High Court vide correction slip
bearing No. 129/113 Rules / IID4 dated 14.11.2003) The Ahlmad concerned shall fix a date on the
summons when it is to be returned by the process serving agency before the date fixed in the case. The
summons should be clearly and legibly written and signed and the seal of the court must be affixed. The
summons shall be signed by the Judge or by such official as he has authorized to sign the same. However,
the following footnotes shall be added in the summons:-
Note: (1) The defendant shall within 30 days from the date of service of summon on him, present a
written statement of his defence (extendable up to 90 days on the application of the
defendant for good reasons) in the court.
(2) Service of summons shall be made by delivering or tendering a copy thereof to the
defendant/defendants in person or his authorized agent, after obtaining his signatures as
an acknowledgment.
(3) Where the defendant or his agent refuses to accept the service of summons and where he
is absent from his residence or when he cannot be found within a reasonable time, the
process server shall affix a copy of the summons on the outer door or some other
conspicuous part of his house or place of business. The summons shall be returned well
before the date fixed duly verified by an affidavit.
Report by Ahlmad
On return of the summons by the process serving agency with the report of the Process Server, the Ahlmad
Civil shall place the same on the suit file and give a note regarding its service or otherwise, against the
zimni order on the file.
Summons given to the plaintiff for service (Dasti)
Iin addition to service of summons as above, on the request of the plaintiff, a copy of summons shall also
be given to the plaintiff for service on the defendant in the manner laid down in the rules. He will return the
summons after service or otherwise alongwith his affidavit stating the manner in which the service was
made or was refused.
Service of summons where the defendant resides outside the jurisdiction of the court
Such summons will be sent to the court concerned for service under the rules framed by the Hon'ble High
Court.
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ISSUE AND SERVICE OF SUMMONS
The jurisdiction of the Court depends upon the nature and value of the case. If a suit is not within the
jurisdiction of the Court, the plaint shall be ordered to be returned to the plaintiff for presentation in the
proper Court. In such cases, the Reader must record on the plaint under the signature of the Judge;
(a) Date of its presentation and return;
(b) The name of party presenting it;
(c) Brief reasons for returning it;
However, as per newly added rule 10(A) Order VII CPC where the defendant has appeared and the
court is of the opinion that the plaint should be returned, it shall, before doing so, intimate the decision to
the plaintiff. Thereafter, the plaintiff may make an application specifying the court in which he proposes
to present his plaint after its return and pray to the court for fixing a date for the appearance of the parties
in the said court. On this application the Court may fix a date for appearance of the parties in the said
court. Where the notice of the date for appearance is given to the parties, it shall not be necessary for the
court in which the plaint is presented after its return to serve the defendant with fresh summons for
appearance in the court unless the Court, for reasons to be recorded, otherwise directs. Ahlmad shall
forward a copy of the order to the proper court having jurisdiction.
After the above orders of the court, it shall be the duty of the Ahlmad to complete the index of the file and
see that all the documents are on the file. He will hand over the file to the Plaintiff concerned after
obtaining his signatures and also keep a note in the civil suit register to this effect. He will, however, retain a
Photostat copy of the Zimni orders passed by the Court and the order passed for return of the plaint and
direction to the parties for appearance in the proper court.
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RETURN OF PLAINT
The grounds on which a plaint can be rejected are given in Order VII, Rule 11 of the Code which are given
as under:-
(i) if the plaint discloses no cause of action;
(ii) is barred by any law on the statements made therein;
(iii) if the relief claimed is undervalued
(iv) the plaint is not sufficiently stamped; and the plaintiff fails to correct the valuation or the
deficiency in the court fee within the time fixed by the court;
(v) where it is not filed in duplicate; and
(vi) where the plaintiff fails to comply with provisions of Rule 9 the plaint is to be rejected by the
Court under Order VII Rule 11 of the CPC and the reasons for the same are to be recorded.
The Ahlmad, thereafter, shall consign the file to the Record Room.
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REJECTION OF THE PLAINT
Order VIII of the code provides the detailed procedure with regard to the filing of written statement, set
off and counter claim by the defendants.
The defendant is required to file a written statement within 30 days from the date of service of summons on
him. On the application of the defendant giving good reasons for seeking extension, the court may
extend the time upto 90 days for reasons to be recorded in writing. As provided in Rule 10 of Order VIII of
the Code, where the defendant fails to present the written statement within the time permitted or
extended by the Court, as the case my be, the court shall pronounce judgment against him or make such
order in relation to the suit as he thinks fit and on the pronouncement of such judgment, a decree shall be
drawn up by the Reader. Ahlmad shall record the date of service of summons on defendant/s against
zimni order on the file.
Procedure for filing written statement
(i) Like plaintiff, defendant/s shall also produce all the documents in his possession or power on
which he basis his defence; or claim to set-off or makes a counter claim if any alongwith written
statement.
(ii) A list of documents he relies in support of his case;
(iii) Other documents not in his possession or power but on which he relies his claim and a
statement in whose possession or power they are;
(iv) A duplicate of the written statement to be supplied to the plaintiff; and
(v) A statement of documents not in his possession or power as in whose possession or power it is
and where it can be found.
(vi) The rules relating to written statement by defendant shall apply to a written statement filed in
answer to a counter claim by the plaintiff.
(vii) The defendant shall prepare an index of all the documents presented by him, duly page
marked.
(viii) Like the plaint, there will be verification of pleadings made by the defendant at the bottom of
the written statement.
The compliance made by the defendant in filing the written statement will also be scrutinized through a
check memo containing all the points required to be complied with in filing the written statement in the
same manner as is done in the case of checking of the plaint by the Court Reader and he will sign the
check memo while presenting the same before the Presiding Officer on the case file.
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WRITTEN STATEMENT,
SET-OFF AND COUNTER-CLAIM
Under Section 89(1) CPC read with order X A, when the pleadings are comple, on the first date of hearing,
the Judge applies its mind to the points in controversy between the parties to the suit. Where he finds
that there are elements of settlement of the dispute, he may give option to the parties to choose one of
the following 4 ADR systems given in Section 89(1) and at the option of the parties, the case will be referred
to any one of those forums
(a) Arbitration.
(b) Conciliation.
(c) Judicial Settlement including settlement through Lok Adalat
(d) Mediation.
The Ahlmad shall arrange the file sequence wise and prepare an index entering all the pleadings and
documents after page-marking the same he will send the file along with referral order to the forum
concerned and keep track that the case is returned to the Court with the report on or before the date
fixed in the case in the court unless the period has been extended.
If the reference is not made under Section 89(1) for resolving the dispute through ADR mechanism, the
court shall frame the issues and fix the case for evidence of the parties. The court will also direct the
plaintiff to file list of witnesses, process fee and diet money within 7 days and on deposit of such a fee. It
shall be the duty of the Ahlmad to issue the summons at once so that there is no delay in service of
summons on the witnesses. The summons, duly filled in, in respect of the witnesses to be summoned, shall
be supplied by the party concerned as ordered by the Court. The Ahlmad shall also fix a date on the
summons on which the process-serving agency will return the same before the actual date of the case.
He will also make a report regarding service of the summons while submitting the case file on the date
fixed to the court.
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ADMISSION AND DENIAL OF DOCUMENTS
AND FRAMING OF ISSUES OR REFERENCE TO ADR
Whenever any documents are produced by the parties in the course of a suit, whether with the plaint or
written statement or at a later stage with the permission of the court, they must always be accompanied
by a list in the prescribed form. The documents produced forthwith must be compared with the list by the
Ahlmad and if found correct he must sign it and later on, on this list a note should be given whether it was
admitted in evidence or rejected or returned to the party concerned or impounded, as the case may be.
The documents so received from the parties should be properly protected and kept in safe cover by the
Ahlmad so that these may not be damaged or erased during the handling of the files.
Endorsement on documents admitted in evidence
Every document 'admitted in evidence' must be endorsed and signed or initialed by the judge in the
manner laid down in order XIII Rule 4 and marked with exhibit No. Documents produced by the plaintiff
may be marked as Ex. P1, P2 etc. while those produced by the defendants as Ex.D1, D2, D 3 etc. Each
Civil Court has been supplied with a rubber stamp in the following form:-
SUIT No……………OF………………….20
Title……………..Plaintiff………………Versus………Defendant
Produced by……………………………….On the……………day of………..20
Nature of document………………………………………………..
Stamp duty paid Rs…………….np…………….is (is not) correct.
Admitted as Exhibit No………………………
On the…………………………………..day of………………20
Judge
The entries in the above form must be filled in by the court Reader at the time when the document is
admitted in evidence and judge will sign it with the date.
Endorsement and documents not admitted in evidence
Documents which are not admitted in evidence must similarly be endorsed by the Reader before their
return with the particulars in Order XIII Rule 6 together with a statement of their being rejected and the
endorsement must be signed or initialed by the Judge.
Documents to be placed in strong cover
Documents, which are admitted in evidence, should be placed in strong cover by Ahlmad. One cover
being used for documents produced by the plaintiff and the other for those produced by the defendant.
The strong covers will be supplied by the parties concerned at the start of the evidence or while
presenting documents in the court for keeping the documents.
Return of document
Documents admitted in evidence can be returned to the persons producing them, subject to the
provisions of order XIII, Rule 9 (as amended by the High Court by notification No. 563-G, dated 24.11.1927).
if an application is made for return of a document produced in evidence before the expiry of the period
for filing an appeal or before the disposal of the appeal( if one is filed care should be taken by the Ahlmad
to require a certified copy to be placed on the record and to take an undertaking for the production of
the original, if required, under orders of the court.
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DOCUMENTARY EVIDENCE
In pending cases, application for return of documents should be made to the Court where the case is
pending.
In decided cases, the Officer-in-charge of the Record Room should return the documents without
consulting the original court only when the applicant delivers a certified copy to be submitted for the
original and undertakes for the production of the original, if required.
In all other cases, application shall be made to the original court or its successor. If the Court considers that
the document may, under Order XIII, rule 9, be returned, it shall record an order accordingly.
The application should then be presented to the officer-in-charge of the Record Room who will pass an
order for the return of the document.
Forged or Defective Documents
Should any document which has been partially erased or interlined or which otherwise presents
suspicious appearance at any time in the course of proceedings, a note should be made to this effect,
and should a well-founded suspicion of fraudulent alteration or forgery subsequently arise, the document
should be impounded under Order XIII Rule 8.
Unstamped or insufficiently stamped documents
Such documents may be impounded and are inadmissible in evidence.
Stamps on documents
The provision as to affixing the stamp duty on instrument, please see the schedule of the Indian Stamp Act,
1899. Document once admitted cannot be expunged on the ground of non-payment of stamp duty
under Section 36 of Indian Stamp Act. The Court Reader shall ensure compliance under the rules.
When copies instead of original may be put in
Under the banker's Books Evidence Act, 1891, certified copies can be produced instead of the original
entries in the books of Banks in certain circumstances. In view o f section 2(8) of this Act the following
certificate should appear at the foot of such copies:
“Certified that the above is a true copy of an entry contained in one of the ordinary books of the
bank and that it was made in the usual and ordinary course of business and that such book is still in the
custody of the bank.”
Dated………. Signature
Principal Accountant/Manager
……………………….Bank
………………………Station
A similar privilege is extended under Section 26 of the Cooperative Society Act, 1912, to entries in books of
Societies registered under that Act and the entries in the accounts prescribed under clause (a) of Section
3(1) of the Punjab Regulation of Accounts Act,1930.
It shall be the duty of Court Reader to check that all such documents, when produced in evidence,
contain the requisite certificate before they are exhibited in evidence of the parties. The Reader will also
ensure that the other documents, brought in evidence, are duly stamped and wherever there is any
doubt he should submit the same to the Presiding Officer for necessary orders. Only upon those orders,
the documents shall be exhibited in evidence.
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List of witnesses and issue of summons
Rule 1 of Order XVI obligates the party to file list of witnesses to be examined within 15 days from the
settlement of issues and deposit diet money and process fee under the orders of the court for issuing
summons to the witnesses. It will be the duty of Ahlmad to issue summons immediately so that service is
made well before the date fixed. At the request of the party concerned the party can take dasti
summons and get them served at their own level and responsibility.
Adjournments
The court may grant adjournments to the parties for producing their evidence on reasonable grounds
Provided that no such adjournment shall be granted more than 3 times to a party during hearing of the suit.
It shall be the duty of the court Reader to inform the court about the number of adjournments already
granted to the parties leading the evidence. Where any party requests for further adjournments, beyond
any reasonable excuse, the court may burden the party with heavy costs for adjournment. The Reader
shall keep a note regarding payment of costs at the time of next hearing before the proceedings starts.
Recording of evidence
In every case the examination -in-chief of a witness shall be on an affidavit and copies thereof shall be
supplied to the opposite parties by the party who is leading the evidence and original affidavits shall be
placed on the court file. Before starting the evidence the court Reader shall ensure that the copies of
affidavit of the witness have been supplied to the opposite party well before the date fixed so that the
opposite party may go through the affidavit and do not seek any adjournment for cross-examination on
the affidavit. Provided that where the documents are filed with the affidavit, the proof and admissibility of
such document shall be subject to the orders of the Court. The witnesses shall be produced for cross-
examination by the opposite party on the date fixed for evidence. The court Reader shall give exhibit
numbers . on the documents produced by the plaintiff and the defendant under the signatures of the
judge, if the documents are not objected to.
When evidence may be taken in English only
Where English is not the language of the court but all the parties to the suit who appear in person and their
counsels make a statement that they have no objection if the evidence is recorded in English only as
required by Rule 9 of Order XVIII and thereafter the evidence shall be recorded in English only. The
Reader will ensure that before starting the recording of evidence of the parties, the statement of the
parties is duly recorded so that later on they may not object that the statements have been recorded in
English only.
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HEARING OF SUITS, ADJOURNMENTS,
EXAMINATION OF WITNESS ETC.
The following is the procedure for payment of remuneration and road and diet money to the witnesses in
the Civil and Criminal courts as given in High Court Rules and Orders Volume 1, Chapter 5 Part C and Vol.
3, Chapter 9, Part A.
Civil Cases
The party applying for summons for being served upon the witnesses in civil cases, before the summons
are granted, pay into the court such sum of money as appears to the court to be sufficient to defray the
traveling and other expenses of the persons summoned in the court. The Govt. is exempt from the
operation of this rule when applying for summons for any of its own officers. In the case of witnesses
summoned as “Experts”, the court is authorized to allow remuneration in addition, for performing any-
necessary work of an expert character for the purposes of the case.
The sum so paid in the court shall, except in the case of a Govt. servant who is not entitled to receive such
sums, will be tendered to the person summoned, at the time of serving the summons, if it can be served
personally. When the person summoned is a govt. servant the sum paid in the court shall be credited to
the Govt.
A Govt. servant, who is required to give evidence in a court situated more than 8 KMs from his
Headquarters, may accept such actual traveling expenses, as the court may allow, provided that he is
not “in receipt of permanent traveling allowance from govt.
A Govt. servant, who is summoned to give evidence, in a civil case to which Govt. is a party or in a criminal
court, may draw traveling allowance from Govt. for a journey on tour provided that;
(a) the facts as to which he is to give evidence has come to his knowledge in the discharge of his
public duties;
(b) he attaches to his bill a certificate of attendance given by the court.
(c) he does not accept any payment of his traveling expenses from the court.
The court may order the party to pay further sum to a witness if the sum first paid is found to be insufficient,
or if the witness is detained for more than one day.
When a summon is sent by a court to any other district the expenses must be remitted by money order at
the cost of the party taking out the summons.
Rate of remuneration
(I) @ Rs. 18 per diem to all commissioned officers of Armed Forces, distinguished personalities
including MPs, MLAs, Municipal Councilors, Chairmen and Members of corporate bodies, statutory
undertakings and autonomous organizations, all gazetted Class I and II officers of Central and
State governments and officers of corresponding and comparable category in the service of
corporate bodies, semi-govt. undertakings and other statutory organizations.
(ii) @ Rs. 14 per diem to all non-gazetted class III officials of Central, any State Govt. and corporate
bodies, non –commissioned and other ranks of Armed Forces, Members of Panchayats Simities,
Zila Parishads, Municipal Commissioners, Sarpanches and Panches and well to do Zamindars and
Tradesmen.
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21
REMUNERATION TO WITNESSES
IN CIVIL AND CRIMINAL CASES
(iii) @ Rs. 10 to all other persons not included in the above two classes.
If in any case the above rates appear to be insufficient the court may, for the reasons to be
recorded in writing, grant such remuneration exceeding Rs. 10 and not exceeding Rs. 50 per diem
only in very special cases.
Registered Accountants, attending courts for giving expert evidence should be paid fee ranging
between Rs. 50 to Rs. 150 according to the professional standing of the witnesses in addition to traveling
expenses.
In all cases in which an officer of Government is summoned to give evidence, the Court should give him a
certificate in the prescribed form given below, specifying the dates on which the officer was required to
attend and the amount, if any, paid to him by the Court.
FORM OF CERTIFICATE
In the Court of Shri _________________________
Certified that_____________________was summoned to give evidence in this Court in his public/private
capacity in the case of______________________and was required to attend for a period of_____days i.e.
from___________________to________________.
He was paid the following amounts in accordance with the rules of the Court:-
An amount of Rs.___________ as his diet money has been recovered from the litigants and has been/will
be deposited in the local Treasury.
Given under my hand and the seal of the court this __________ day of ____________20 .
Seal of the Court Rubber stamp of the Court
Criminal cases
The criminal courts are authorized to pay, at the rates specified below, the expenses of complainants or
witnesses: -
(i) In cases in which the prosecution is instituted or carried on by or under the orders or with the
sanction of the Govt. or of any Judge, Magistrate or any other public officer or in which it shall
appear to the Presiding officer to be directly in furtherance of the interests of the public service.
(ii) In all cases entered in column 5 of Schedule 2 appended to Cr.PC as non-bail-able.
(iii) In all cases which are cognizable by the police, and
(iv) Of witnesses in all cases in which they are compelled by the Magistrates of his own motion to
attend the court.
No payment shall be made by the govt. to witnesses summoned at the instance of the complainant in
summons cases but the Magistrate may require the complainant to pay their expenses.
The expenses of witnesses in trials before the court of Sessions shall, like ordinary contingent expenses, be
met by Sessions Judge himself out of his permanent advance, the expenditure on this account being
recouped when necessary from the grant under the head “ 214-Administration of justice (d)-Criminal
Courts”. Chief Judicial Magistrate at District Headquarters and Judicial Magistrates posted outside the
District Headquarters, if there be only one, and the senior most out of them, if there be more than one, or
DDO and Distt. and Sessions Judges or controlling officers for allotment of expenditure under this head.
Under paragraph 12.5 of Punjab Budget Manual allotment for all heads including ' diet and road money
to witnesses' under sub head ' (d)- Criminal Courts' are placed at the disposal of District and Sessions
Judges and they may retain whatever amount they consider necessary at their own disposal and allot
the balance to DDOs for expenditure. The payment to the witnesses appearing in the courts of
Additional District and Sessions judges shall be made by the District and Sessions Judges.
22
Rates of Subsistence Allowance i.e. allowance for each days necessary absence from residence and
attendance at courts are as under
A technical witness, such as a Draftsman who appears to give evidence in a criminal case and is required
by the court to prepare a site plan etc., may be allowed a separate fee for this purpose. The fee for
preparing a plan should be commensurate with the work done and should not ordinarily exceed Rs.50/-
including the cost of tracing cloth etc. If for any special reasons it is considered necessary to pay more
than Rs. 50 for the preparation of plan, sanction of the High Court should be obtained.
The court, in which a complainant or witness appear, shall determine the class under which the
complainant or witness shall be ranked.
ndWhen the journey is made by rail, for classes A to E, 2 class fare and in case of class F, the actual fare
paid.
When the journey is made otherwise than rail, the necessary and actual expenses of carriage may be
made at the discretion of the court and where a witness travels by a private motor car, he may also be
paid traveling expenses at the rates as assessed by govt. from time to time
When a minor of tender age is required to attend court as witness and such a witness cannot travel alone,
the attendant who accompanies the minor may also be paid expenses at the ordinary rates prescribed
for witnesses.
An officer of the Govt. who is summoned to give evidence, shall be given an attendance certificate by
the court in the following form to draw traveling allowance from govt. under the rules:-
COURT CERTIFICATE
IN THE COURT OF ______________________________
Certified that Sh./Ms ___________________________was summoned to give evidence in this court in his
private/public capacity in the case of ______________and was required to attend this court for a period of
________________days i.e. from _____________to __________.
2. He was paid the following amounts in accordance with the rules of the courts:-
3. The amount of Rs. _________as his diet money has been /will be deposited in the treasury on _____.
Given under my hand and the seal of the court this _____________day of ______________20_____.
Seal of the court Rubber Stamp of the court
23
Class Rate per diem (Rs.)
(a) For ordinary labouring class 5.00
(b) For witnesses of somewhat higher standard 6.00
(c) Witnesses not included in (a) and (b) above 7.50
(d) Mcs, Income Tax payers and other respectable persons. 10.50
(e) For other persons of higher status 14.00
(f) Special rates for witnesses, not covered within the scope of the above mentioned classes:-
18.00
When evidence of the parties is completed and case is fixed for arguments, the Ahlmad shall put all the
pleadings of the parties and their respective documents in sequence and put flags on PWs, DWs and
documents. He will also complete the index of the judicial file so that the Presiding Officer may not feel
any difficulty to locate the evidence and documents referred to by the Advocates.
When the learned counsel for the parties argue the case on merits, the judge shall pronounce the
judgment referring to oral and documentary evidence of the parties and giving reasons for decision on
each issue. The judgment shall be dated and signed in the open court at the time of pronouncing the
same. When once the judgment has been signed it shall not afterwards be altered or added to save as
provided in Section 152 CPC or on review. The Reader shall enter in his register the result of the suit and the
date of pronouncement of judgment.
Preparation of decree
The decree shall be drawn by the court Reader in the prescribed proforma as given in Appendix D, Sr.
No.1 to 23 of CPC as the case may be. It shall agree with the judgment, contain the number of suit, the
names and description of the parties, their registered addresses and particulars of the claim and shall
specify clearly the relief granted or other determination of the suit. The decree shall also state the amount
of costs incurred in the suit by each party and what costs are to be paid by which party and to whom.
Every endeavour shall be made by the court Reader to ensure that the decree is drawn up as
expeditiously as possible and in any case within 15 days from the date from which the judgment is
pronounced. The decree sheet shall bear the date, the day on which the judgment was pronounced and
it shall be signed by the judge.
Consignment to Record Room
Thereafter, the file will be sent by the Reader to Ahlmad for issue of the copies through the copying
agency and for consigning the file to the judicial record room after placing the pleadings, zimni orders,
evidence and documents produced by the parties and other applications and orders thereon in a serial
order fixed for the purpose. A certificate to the effect that the file has been consigned to the record room
by the Ahlmad within in 15 days from the pronouncement of the judgment shall be furnished by the
Ahlmad. It will be countersigned by the judge and sent to the District Judge along with the monthly
statements. The Ahlmad shall also obtain Goshwara Number from the Record Keeper of the Record
Room when the file has been consigned to the record room and shall enter the Goshwara Number in the
Civil Suit Register mentioning the result of the suit as well.
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24
JUDGMENT AND DECREE
Following is the procedure for assessing counsel fee as given in High Court Rules& Orders Volume I,
Chapter 16 Part B
The Hon'ble; High Court has made these rules under Section 27 of the Legal Practitioners' Act, 1879.fixing
and regulating the fees payable by any party in respect of the fee of Opposite Counsel upon
proceedings in Civil Courts subordinate to the High Court. The Readers of all the courts shall calculate the
counsel fee in the memo of costs of decree sheet accordingly while preparing the decree sheet.
1. Suit for recovery of property, breach of contract or damages:/ In suits for the recovery of money or
of specific property, or a share of specific property whether immovable or movable or for the breach of
any contract for damages:
(a) If the amount or value of property, debt or damages decreed shall not exceed Rs.25000/- at 10%
on the amount or value decreed.
(b) If the amount or value shall exceed Rs.'. 25,000/- and not exceed Rs.50,000/- on Rs.25,000/- 10
percent and on the remainder at 8 percent.
(c) If the amount of value shall exceed Rs.50,000/- and not exceed Rs. One Lakh, on Rs. 50,000/- as
above and on the remainder at 4 percent
(d) If the amount or value shall exceed Rs.1,00,000 and not exceed Rs.5, 00,000/- on Rs.1,00,000/- as
above and on the remainder at 2 percent.
(e) If the amount or value shall exceed Rs.5, 00,000/- on Rs.5, 00,000/- as above and on the remainder
at one percent subject however that in no case the amount of fee shall exceed Rs.20, 000/-.
A1. In the case of: -
(i) Summary suits under Order XXXVII of the first schedule to the Code of Civil Procedure, 1908,where
the defendant does not appear or where leave to defendant is refused or where a decree is
passed against the defendant failing to comply with the condition on which leave to defend was
granted and appeals against decrees in such suits;
(ii) Suit, the claim in which is admitted but only time or installments for payment is asked for;
(iii) Suit, which is got dismissed by plaintiff for want of prosecution before settlement of issues or
recording of any evidence, except evidence under rule 2 Orders X of CPC;
(iv) Suit, which is withdrawn before the settlement of issues or recording of any evidence except
evidence under R2 of O X CPC;
(v) Suit in which; judgment is given on admission under Rule 6 of Order XII in; the First Schedule to the
Code of Civil Procedure, 1908,before the settlement of issues recording of any evidence except
evidence under Rule 2 of Order X of the Code of Civil Procedure;
(vi) Short causes, commercial causes and long causes in which no written statement is filed, and
appeals from decrees in such suits;
(vii) Suits compromised before the settlement of issues or recording of evidence except evidence
under Rule 2 of Order X CPC;
(viii) Any formal party to a suit or appeal e.g. trustee or estate holder who only appears to submit; to the
order of the court and asks for his costs;
(ix) A suit or appeal, which has abated;
(x) A plaint returned for presentation to the proper court. The amount of Advocates fees to be
allowed shall be fixed by the Court disposing of the matter and shall not exceed of that payable
according to the rate specified in Rule 1 above.
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25
FEE OF COUNSEL
Provided that in no case falling under this sub-rule the Advocate's fee shall be less than Rs.500.
An Advocate who has been employed by the heirs of deceased party is not entitled to have fresh fees
taxed.
Where two counsel are required by rules to represent a party, the fees of the junior counsel shall be
equal to two-thirds that of the senior counsel's fee
In any miscellaneous proceedings including arbitration proceedings, probate cases or cases under other
statutory provisions or for any matter other than that of appearing acting or pleading in a suit prior to
decree, the fees shall not exceed:
(I) Rs.2000 in the Court of a District Judge or of an officer exercising the powers of a Civil Judge
(Sr.Divn), Addl.Civil Judge {Sr.Divn}Civil Judge, Junior Division
(ii) Rs.100 in the court of an officer exercising the powers of a subordinate Judge in respect of cases of
the value of which is below Rs. 1000.
In appeals, the fee shall be calculated on the same scale as in the original suits, and the principles of the
above rules as to original suits shall be applied, as nearly as may be.
The party claiming the counsel fee to be allowed shall, before the final hearing of the case, file in the court,
a certificate signed by legal practitioner certifying the amount of the fee or fees actually paid by or on
behalf of his client to him or to any other legal practitioner in whose place he may have appeared.
The form of certificate is contained in High Court Rules & Orders Volume I Chapter 16 Part C rule 19.
26
The parties to a case or a stranger, who is entitled to have a copy under the rules, is required to file an
application in the prescribed proforma along with requisite court fee. He has to give full particulars of the
case and the documents of which he requires a copy. This application shall be submitted to the copyist
attached to the court or the General Copying Branch, created for this purpose. The in-charge copying
branch will issue a receipt of the application in the receipt book, kept for the purpose and will also
mention the date on which the applicant may collect certified copies of the documents applied for. If,
however, due to some unavoidable circumstances the copy is not supplied on the given date the in-
charge copying agency will give another date to the applicant for collecting the certified copy. It will be
ensured by the in-charge copying agency that the applicant has not to come time and again to get a
copy applied for. Immediately after receipt of application for issuance of copy the in-charge copying
agency will send a requisition of the file to the court concerned and on receipt of the same he will get
Photostat copy of the document prepared, compared under his supervision and get certified from the
officer authorized in this behalf and will affix the necessary certificate of attestation on the copies. The
stamp will also contain the serial number, date on which the application was made, the date on which
the copy was prepared and the date on which the copy was issued. This information is necessary for the
information of the court where any appeal is to be filed against the decree or order, to ascertain the
period of limitation as the time taken in obtaining the copy is to be excluded while computing the period
of limitation. Separate rules have also been framed by the Hon'ble High Court for issuance of certified
copies and the fees to be charged for the supply of copies and the same are contained in High Court
rules and order Volume-4. The in-charge copying agency will see that the requisite fee is paid before the
copy is issued to the person concerned. He will also ensure that the copy issued is neat and legible as the
same are produced before the appellate authorities.
For preparing, supply and maintenance of the registers and records and charging of fee, the Copying
Agent/Copyist should thoroughly go through the instructions contained in High Court Rules and Orders
Volume 4, Chapter 17.The form of applications and registers to be maintained in the copying branch are
contained in the rules mentioned above.
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27
SUPPLY OF CERTIFIED COPIES
OF JUDGMENTS AND ORDERS ETC
The Law & Procedure relating to Appeals in Civil Cases against the decrees is contained in Part-VII and
Orders XLI, XLII and XLIV whereas the appeals from the orders is specified in Rule 1 of Orders XLIII, XLIV of the .Code of Civil Procedure, 1908
Right of Appeal
Ordinarily an Appeal shall lie from the original decrees passed by the Civil Court. However, no appeal lies
against a decree, which is passed with the consent of the parties and also no appeal lies against a
decree passed by the Courts of Small Causes except on a question of law, provided the value of the
subject matter of the original suit does not exceed Rs.10, 000/-. An appeal lies against a preliminary
decree also. Where no such appeal is filed against a preliminary decree, final decree cannot be
appealed against on those points, which were available while the preliminary decree was passed.
Who can file an Appeal
While scrutinizing the memo of appeal, the official concerned shall examine that the following persons
are entitled to appeal under this section:-
(a) a party to the suit who is aggrieved or adversely affected by the decree or , if such a party is dead,
his legal representatives;
(b) a person claiming under a party to the suit or a transferee of the interests of such party, who, so far
as interest is concerned, is bound by the decree, provided his name is entered on the record of the
suit;
(c) a guardian ad litem, appointed by a court in a suit by or against a minor;
(a) any other person, with the leave of the court, if he is adversely affected by the decree.
Period of limitation
The CPC does not prescribe the period of limitation for filing an appeal. However, the Limitation Act
provides the period for filing an appeal. According to the said Act, an appeal against a decree or order
can be filed in a High Court within 90 days and in any other court within 30 days from the date of decree or
order appealed against. In the case of an appeal against the order of Rent Controller the period of
limitation under Section 15 of the East Punjab Urban Rent Restriction Act, 1949, is 15 days from the date of
order.
Procedure for filing an appeal
As regard the procedure, the appeal is to be prepared in the form of a Memorandum, which is to be
signed by the Appellant or by his Pleader and shall be accompanied by a certified copy of the judgment
and decree. However, where two or more suits are tried together and decided through a common
judgment, if more than one Appeal is filed to challenge the same, the filing of more than one copy of the
judgment and decree can be dispensed with.
Every appeal shall contain a Memorandum containing the Grounds of Objections/Appeals to the
decree. If the appeal is against a decree for payment of money, the Supdt./Reader shall report this fact
so that the Appellate Court may ask the Appellant to deposit the amount or furnish security in respect
thereof.
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28
APPEALS
Examination of memorandum of appeal
When the Appeal is presented the Supdt./Reader to the District Judge would examine and report as to;
(a) whether the Court has Pecuniary as well as Territorial Jurisdiction to entertain the appeal;
(b) It shall also note down the date on which the decree or order was passed and within what period
the appeal should have been filed;
(c) in case the appeal is filed after the period of limitation is over, this fact shall be specifically reported;
(d) it shall also be mentioned whether the proper court fee has been affixed by the Appellant and if
not what is the deficiency in the court fee;
(e) the name & address of the Appellants & Respondents for effecting service on them shall be
verified;
(f) the Supdt./Reader shall also report whether sufficient copies of Grounds of Appeal for each of the
Respondents have been attached;
(g) if the appeal is filed after the period of limitation, then the Supdt./Ahlmad would report;
(i) if the application for condonation of delay has been attached or not; and
(ii) an affidavit of the appellant stating the reasons as to why the appeal could not be filed
within the period of limitation is there.
Stay of proceedings
The Appellate Court may stay the operation of the decree/order and a copy of such order shall be sent to
the Court, which passed the decree, by the Ahlmad. On receipt of such an order, the Trial Court would
not proceed with the execution of the decree. In case the copy of the order has not been received, the
Appellant can file an affidavit based on his personal knowledge about the stay of the execution and the
Executing Court can stay execution even on the basis of such an affidavit till the receipt of the order from
the Appellate Court.
When the decree/order has been stayed, the copy of such an order shall be immediately sent to the Trial
Court and the order so received shall be immediately put up by the Ahlmad before the Judge. If the
property of the J.D. has been ordered to be sold by Public Auction, the said sale shall remain stayed on
furnishing security or otherwise till the disposal of the appeal. An intimation about the stay of sale shall be
immediately issued to the Revenue Authorities/Court Auctioneer. In case of stay of decree, the
Executing Court may demand security. However, if the JD/Appellant resides out of India, then it would be
necessary to demand security, if he does not possess any immoveable property within India except the
property, which is the subject matter of appeal.
When the Judge has ordered that the respondent be served by publication, a notice would be issued in
triplicate, one copy of which shall be affixed at the Court House and other two copies would be sent to
the Trial Court for service or the Appellate Court may itself directly send the notice in duplicate to the
Process Serving Agency for service. A copy of the Memorandum of Appeal shall accompany every such
notice. The notice can be served on the counsel for the Respondent also.
Restoration of appeal dismissed in default
Where an Appeal has been dismissed in default for non-appearance of the Appellant he may move an
application for re-admission of the appeal. On such application, the Reader/Ahlmad has to make a
report about the date on which the appeal was dismissed in default of appearance.
Remand of suit in appeal
When on conclusion of the appeal, the suit is remanded for fresh trial , the Ahlmad of the Trial Court shall
entertain the same at its original number and make necessary corrections in the copies of the statement
regarding pendency of the Civil Cases maintained by him and in the Register of the Civil Suits. The
directions given by the Appellate Court while remanding the case shall be complied with and a fresh
notice shall be issued to the parties in case they failed to appear on the date given by the Appellate
Court. A fresh decree sheet shall be prepared whenever ordered by the Trial Court while deciding the
29
case. The Supdt. has to verify it and report. These appeals shall be entered in the register of Misc. Civil
Appeals.
Appeals from orders
Every order passed by the Civil Court is not appealable. Rule 1 Order XLIII contains the orders against
which an appeal lies. The Supdt./Reader has to verify and report in this regard. These appeals shall be
entered in the register of Misc. Civil Appeals.
Appeals by indigent persons
If the Appellant was adjudged an indigent person by the Trial Court in a suit, which has been decided
against him, he has the right to file the appeal as an indigent person as provided by the Rule 1 Order LXIV.
In that case no fresh inquiry about his being an indigent person would be necessary provided he files an
affidavit to the effect that he has not ceased to be an indigent person since the date of the decree
appealed against. However, an inquiry would be held if the Govt. Pleader or the Respondent disputes
the statement made by him in such an affidavit.
Even if a person was not adjudged as an indigent person during the trial of the case, he has the right to file
an appeal as an indigent person. In such a case the Supdt. is to report that the appeal is being filed as an
indigent person then an inquiry would be necessary to be held by the Court.
30
In the courts, separate cash books, required under High Court Rules and Orders Volume 2, Chapter 8, Part
A are maintained as under:
Checking in the court of District and Sessions Judge
In the court of District and Sessions Judge, the Superintendent being the senior ministerial servant, is
responsible for checking the work of his subordinates including Nazir and for seeing that the accounts are
properly maintained and that all financial rules are observed.
22
31
CIVIL COURT ACCOUNT
Account By whom maintained
Authority
Sheriff's Petty Account Civil Nazir or Naib Nazir
Chapter 8-D, Volume 2 High Court Rules and Orders.
Civil Court Deposit Civil Nazir or Naib Nazir
Chapter 8-E, Volume 2 High Court Rules and Orders.
All other items e.g. pay of staff, contingencies etc.
Civil Nazir or Naib Nazir
Punjab Govt. circular letter No. 42003(Fin.-Gen.) dated 9.12.1935 (Article 32 C Civil Account Code Vol. 1)
As required under High Court Rules and Order Vol. 2, Chapter 6, Part B, the particulars required in the
certificate are specified in Section 374 and forms are prescribed in Section 377 and are found in Schedule
VIII of the Indian Succession Act. The Court staff should be careful to see that certificates are properly
framed and all necessary particulars and powers are duly inserted in the first instance, so as to obviate the
necessity for subsequent amendments of the certificate.
In cases where the court proposes to grant a certificate on summary inquiry, without determining any
intricate question of law or fact, which may be involved, security must be taken under Section 375(1) of
the Act ibid from the person to whom it is proposed to grant a certificate before it is granted. The same
remarks apply to action under Section 373(4) of the Act namely, when there are more applicants than
one for a certificate and more than one of them are found to be interested in the estate. It is, however,
open to the court to demand security in any other case. The Reader of the court must make report
regarding compliance before the court passes orders.
Every application for a certificate or for extension of a certificate must be accompanied by a deposit (to
be placed in the Treasury) of a sum equal to the court fee payable under the Court Fees Act, viz, 2% on the
value of the debts and 3% on the debts to which the certificate is extended under Section 376 of the Act
(vide Article 2, Schedule 1 of the Court Fee Act 1870).
23
32
SUCCESSION CERTIFICATE
The law relating to execution of decree is contained in Sections 36 to 74, Sections 82 and 135 and Order
21 of the Code of Civil Procedure as amended by Punjab and Haryana High Court from time to time. The
execution work is most important and at present much attention is not given to expedite the execution of
decrees. The reason is that the process for execution of decrees is not issued in time and there is inordinate
delay in the implementation of order besides frequent adjournments by the courts without assigning any
reason for giving the adjournments.
To whom execution application may be made
Section 38 of the code enacts that a decree may be executed either by the court which passed it or by
the court to which it is sent for execution. Section 37 defines the expression “court which passed the
decree” and the following courts fall within the said expression:-
(i) The court of first instance which actually passed the decree;
(ii) The court of first instance in case of appellate decrees;
(iii) Where the court of first instance has ceased to exist, the court which would have jurisdiction to
try the suit at the time of execution; and
(iv) Where the court of first instance has ceased to have jurisdiction to execute the decree, the court
which at the time of execution would have had jurisdiction to try the suit.
The execution application may, therefore, be filed in the court concerned as mentioned above.
Execution Clerk should check up while scrutinizing the application whether the court is competent to
execute the decree.
Who may apply for execution (Rule 10)
The following persons may apply for execution of a decree:-
(i) Decree holder,
(ii) Legal representative of the decree-holder, if the decree-holder is dead,
(iii) Representative of or a person claiming under the decree-holder,
(iv) Any person claiming under the decree-holder; and
(v) Transferee of the decree-holder.
Against whom execution may be taken out
Execution may be taken out against the following persons:-
1. Judgment-debtor.
2. Legal representatives of the judgment –debtor, if the judgment debtor is dead. (They shall,
however, be liable to the extent of the property of the deceased judgment-debtor which has
come to their hands:”
3. Representative of or the person claiming under the judgment-debtor.
4. Surety of the judgment-debtor.
Application for execution
When the decree becomes final an application for execution of decree is to be made in the prescribed stproforma (Form No. 6 of Appendix E to the 1 Schedule of CPC) to the court which passed the decree
24
33
EXECUTION OF DECREE
containing interalia, the following information as required by Rule 11 (2) or Order 21):
(a) the number of the suit;
(b) the names of the parties;
(c) the date of the decree;
(d) whether any, appeal has been preferred from the decree;
(e) whether any, and (if any) what, payment or other adjustments of the matter in controversy has
been made between the parties subsequently to the decree;
(f) whether any, and (if any) what, previous applications have been made for the execution of the
decree, the dates of such applications and their results;
(g) the amount with interest( if any) due upon the decree, or other relief granted thereby, together
with particulars of any cross-decree, whether passed before or after the date of the decree
sought to be executed;
(h) the amount of the costs(if any) awarded;
(i) the name of the person against whom execution of the decree is sought; and
(j) the mode in which the assistance of the Court is required whether-
(i) by the delivery of any property specifically decreed;
(ii) by the attachment or by the attachment and sale, or by the sale without attachment, of
any property;
(iii) by the arrest and detention in prison of any person;
(iv) by the appointment of a receiver;
(v) otherwise, as the nature of the relief granted may require.
The application shall also be accompanied by a certified copy of the decree to be executed by the
Court.
Where an application is made for attachment of movable property belonging to a judgment-debtor but
not in his possession, the application for execution must be accompanied by an inventory of the property
to be attached, containing a reasonable accurate description of the same.
Where the application for attachment of the growing crop it shall specify the time at which it is likely to be
harvested.
Where the application is for attachment of immovable property of the judgment-debtor, it shall contain
(a) the description of such property sufficient to identify the same, and
(b) the specification of the judgment debtor's share or interest therein.
Where the application is for arrest and detention in person of the judgment-debtor; it shall state or be
accompanied by an affidavit stating the grounds on which arrest is applied for.
Where the application is for the attachment of land the D.H. shall file a latest certified copy of jamabandi
and khasra girdawri up to date clearly indicating the share and the actual land falling in the share of the
Judgment Debtor.
Procedure for processing the execution application
When an execution application is moved before the Court passing the decree, the execution Clerk or in
his absence the Ahlmad would verify the particulars of the application and shall report as to whether such
a decree has been passed by the said Court or not. The particulars of which are required to be written in
the execution application as required vide Order XXI Rule 11(2) CPC and no column has been deleted
and information concealed.
The execution Clerk/Ahlmad shall also verify whether earlier the D.H. had moved some execution
applications and if so whether the same were executed fully or partly. If any payment on the basis of the
previous execution application had been made or recovered, the same shall also be mentioned in the
report.
The execution clerk/Ahlmad would also report if there is any stay issued by the Higher Court and if the
34
appeal was filed and if so whether the decree has been set aside or reversed.
The execution clerk/Ahlmad shall also report whether the court has the jurisdiction to execute the decree
meaning thereby whether the decree was passed by the said court or by an officer who has been
declared successor of the said Court. If the court has received the application on transfer it shall also be
reported whether there is any mention in the execution application to show that the property subject
matter of the decree falls or the JD resides in the jurisdiction of the executing Court.
The detailed report about these facts shall be submitted to the Presiding Officer who shall thereafter pass
an order for its registration and also to issue process as required by law.
The execution file would then come back to the execution Clerk/Ahlmad who shall enter it in the register
for execution of decrees. He shall fill in the various columns of the register against the entry of the
execution application. He shall thereafter issue the process as ordered by the Presiding Officer, get the
same signed from the Presiding Officer or such other person authorized to sign the same.
The process so issued shall be entered in the register and shall be delivered to the Nazir for execution
whose signatures shall be obtained in token of handing over the said process. The execution
Clerk/Ahlmad shall also make an endorsement below the order of the Presiding Officer to the effect that
the process has been issued and shall also put a date on which it was issued. so as to keep record of the
case in which the process has been issued so that it is not re-issued in the same case or not issued at all in
other cases. The execution file shall thereafter be placed in the peshi for the said date for which it has
been fixed.
Transfer of execution application
Where the DH requests for transfer of the execution application to some other Court, the decree is to be
sent directly to the said Court whether such Court is situated in the same state or in some other state as
required by rule 5. However, if there is more than one officer at the place to which the decree is to be sent
for execution, the decree shall be sent either to the District Judge of the said district or to the Civil Judge
(Sr. Division) who shall on receipt of the decree entrust it to the Court for execution.
While sending the decree on transfer, the execution clerk/Ahlmad is to attach a copy of decree and
prepare a certificate to the effect that the satisfaction of the decree has not been obtained by
execution in that Court and in case of part satisfaction it shall be mentioned as to what part of the decree
has been executed and what remains to be executed. This certificate shall be prepared on a separate
sheet of paper and shall be signed by the Presiding Officer or such other officer competent to sign it.
A copy of the order passed by the Court directing the transfer of the decree to the said court for
execution shall also be sent to the said Court.
When transferee court receives such a decree, the decree and the certificates attached therewith shall
be considered to be proof thereof and further process would be issued on its basis. However, the Presiding
Judge can ask the decree holder to file certified copies of such orders as he deems fit.
Notice of execution application
Rule 22 of Order 21 CPC provides for the issue of show-cause notices to persons against whom execution
applied for in certain cases. As a general rule the law does not require any notice to be issued for
execution. In the following cases, however, such notice must be issued:
(i) Where an application is made two years after the date of decree or more than two years after the
date of the last order made on any previous application for execution; or
(ii) Where an application is made against the legal representative of the judgment-debtor; or
(iii) Where an application is made for the execution of a decree passed by any of the superior courts of
any reciprocating territory; or
(iv) Where an application is made against the assignee or receiver in insolvency ; or
(v) Where the decree is for payment of money and the execution is sought against the person of the
judgment-debtor; or
35
(vi) Where an application is made against a person who has furnished security or given a guarantee
for the performance of a decree or for the restitution of property or for the payment of money to
tender him personally liable or to sell his property; or
(vii) Where the transferee or assignee of the decree-holder makes an application
However, if the fresh execution application is filed within 2 years of the dismissal of earlier execution
application in the same case, no notice would be necessary to be issued. The court may dispense with
the notice if .it considers that the issuance of notice would cause unreasonable delay or would defeat the
ends of justice.
The Judge shall sign every process issued in the execution or some other competent officer appointed in
this behalf and the seal of the court shall be put thereon. The next date fixed in the case shall be specified
on the process for the execution of the process and the date for the return of the process to the Court. It
shall then be delivered to the proper officer say the Nazir, for service.
Process for execution of decree for payment of money
Every decree for payment of money may be executed by the detention in civil prison of the judgment
debtor or by attachment and sale of his property, or by both. If the application is for the execution of the
decree, for payment of money by arrest and detention of the judgment debtor, the court may issue a
show cause notice to the JD as to why he should not be committed to civil prison.
The warrant of arrest in execution shall be in the prescribed proforma No.13 of Appendix E of CPC. The
warrant of arrest shall be addressed or endorsed to an officer of the Court to bring the JD before the
Court. It shall also be mentioned in the warrant that if the JD pays the said amount mentioned in the
warrant along with the costs specified, he shall not be arrested..
stBefore issuing the warrant of arrest of the J.D, the 1 payment of subsistence allowance for such portion of
the current month as remain un-expired before the judgment-debtor is committed to the civil prison shall
be deposited in the court by the applicant and subsequent payment shall be made to the officer in
charge of the civil prison. The scales of the monthly subsistence allowance are to be fixed by the State
Govt. under Section 57 according to rank, race and nationality of the J.D. The execution Clerk/Ahlmad
shall obtain the orders of the Judge to fix the subsistence allowance monthly allowance of the JD, which is
available with the jail authorities.
If the amount to be recovered does not exceed Rs.2, 000/-, no order for detaining the JD in civil prison can
be made. However, if the amount is between Rs.2,.000/- to Rs.5,000/- the JD can be detained for six weeks
and if the amount is more than Rs.5,000/ he can be detained up to three months
The JD shall be released from detention as and when the amount due from the JD including the costs is
paid in the jail or the decree is otherwise satisfied or the DH makes a request to release him or the DH does
not pay/deposit the subsistence allowance.
Proceedings on appearance of JD in obedience to notice or after arrest
When the JD appears in pursuance to a notice to show cause, the Judge will hear both the parties, take
such evidence as is produced and during this period either the JD may be detained in custody of an
officer of the court or released on surety and may also give the JD an opportunity of satisfying the decree.
No warrant of arrest can be issued against a woman to detain her in civil prison in execution of a decree
for payment of money (Section 56).
Issue of precept
The court may issue precept under Section 46 to any other court for attaching the property of the JD.
However, this attachment would remain in force only for two months unless the period is extended by an
order of the Court, which passed the decree, or during the period; the decree has been transferred to
such court.
Examination of judgment-debtor as to his property: Where a decree for payment of money remains un-
36
satisfied for a period of 30 days, the court may, on the application of decree holder, by order, require the
JD or where the JD is a Corporation, any officer, thereof, to make an affidavit stating the particulars of the
assets of the JD. The affidavit shall be in form no. 16-A of Appendix-E. In case of the disobedience the
court may direct the person disobeying the order be detained in civil prison, for a period not exceeding 3
months unless before the expiry of such term the court directs his release.
Attachment of salary
rd In case of attachment of salary and allowances, the first one thousand rupees and 2/3 of the remaining rdamount cannot be attached. However, in case of the decree for maintenance 1/3 of the salary is
exempt from attachment. The warrant for attachment shall be sent by the concerned staff of court to the
disbursing officer specifying as to what amount of the salary is to be attached, what amount is due from
the JD and how the attached amount should be forwarded to the court. A letter in this respect should be
issued to the officer responsible for disbursing the salary informing to it the orders passed by the court and
to forward the said amount to the Court every month till the payment of the specified mount is received.
Attachment of immovable property
If the property attached is immoveable, the JD would be prohibited by an order under Order 21, Rule 54
from transferring or charging the property in any way, prohibiting all persons from taking any benefit from
such transfer or charge. The JD shall be required to attend the court on the specified date and a
proclamation shall be prepared in prescribed proforma and issued on or near the property by beat of
drum or some other customary mode about the attachment and copy of the order shall be affixed on a
conspicuous part of the property, another copy at the court house, the third copy shall be sent to the
Collector of the District or the Gram Panchayats, if the property is land, and the fourth copy is to be
returned to the Court with report of Process Server specifying the manner in which the above acts have
been performed.
The order shall also require the judgment debtor to attend the court on the specified date to take notice
of the date to be fixed for setting the terms of proclamation of sale to be issued under Order 21 Rule 66
CPC.
Removal of attachment
As per Rule 55 the attachment would be removed and a notice in this respect would be sent by the
Executing Court to the Collector in case of landed property after the decree has been satisfied and all
charges and expenses resulting from the attachment have been paid. If the decree is set aside or
reversed in that case also, the attachment would cease to have an effect. In case of immoveable
property, if the JD so desires, a proclamation at his expense shall be issued ( in the same manner as if was
issued when the attachment was affected) and copy of the proclamation shall be affixed at the
conspicuous part of the property at the court house and a copy shall be given to the Collector of the
District or the Gram Panchayat (Rule 50). Whenever the execution application is dismissed and no
directions are given for the attachment to continue, the attachment of the property would be deemed
to have ceased to exist. In that case also, intimation about the removal of the attachment shall be given.
Adjudication of claims and objections to attachment of property
Rule 56 to 63 of Order 21 deal with adjudication of claims to and objections to attachment of property.
Where the property is attached in execution of a decree there may be objections to such attachment
either by a party or his representative or by a third party. Since all questions arising between the parties to
the suit in which the decree under execution has been passed or their representatives relating to the
execution, discharge or satisfaction of the decree are to be determined by the court executing the
decree and not by a separate suit, the executing court has to investigate the claims and settle them
finally in execution proceedings to avoid protracted litigation. Detailed provisions, therefore, have been
made in the Code.
After attachment, if no objections are filed against attachment of the property, the Execution Clerk will
37
submit the file to the Executing Court on the date fixed in the order of attachment whereby the JD was
also given a notice of the specified date to appear when the terms of the proclamation of sale are to be
settled. The execution will be listed in the cause list as well.
Proclamation of sale (Order 21 Rule 66)
After the attached property is ordered to be sold by public auction in execution of a decree the Court
shall cause proclamation of intended sale to be made in the language of the court giving the following
details:-
(i) time and place of sale;
(ii) property or a part thereof to be sold;
(iii) revenue, if any assessed from the property;
(iv) encumbrance if any to which the property is liable;
(v) amount to be recovered
(vi) such other particulars which the court considers material for the purchaser.
The proclamation of sale shall be drawn and prepared by the Execution Clerk/Ahlmad in form No.29 of
Appendix-E of CPC after notice to the decree holder and the J.D. No fresh notice is necessary where the
notice has already been given while issuing order of attachment under Order 21,Rule 54 CPC for this
purpose. One thing has to be kept in mind that the entire property mentioned in the decree in the list
provided by decree holder or the property which has been attached is not required to be sold. Only so
much of the property is to be sold which is sufficient to satisfy the decree. This fact has specifically to be
mentioned in the proclamation of sale.
All these facts must be stated by the decree holder in the application submitted by him seeking an order
for sale. The application shall be verified under his signatures and these facts as to whether the whole of
the property is required to be sold or a portion of it would be sufficient to satisfy the decree. The
encumbrances on the property and the amount for the recovery of which the sale is to be effected shall
be mentioned in the said application. A notice of that application should be issued to the JD to settle the
terms of sale upon which it will be determined as to how much property should be sold and only that
portion is to be mentioned in the sale warrant which is to be sold (Rule 66).
The proclamation for sale shall also be issued by Executing Court in the same manner with four copies.
Different dates can be given for proclamation at the court house and for proclamation at the spot. The
court can also direct that the proclamation should be published in the official gazette or in a local
newspaper or in both. The costs of publication shall be recovered from the JD as costs(Rule 67).
The proclamation at the spot or the court house should be affixed at least more than 15 days before the
actual date of sale in case of immoveable property and 7 days in case of moveable property. The period
of 7 or 15 days shall be counted from the date on which the copy of the proclamation is affixed on the
court house (Rule 68).
If the sale is adjourned or stopped under Rule 69 for a period of more than 30 days then a fresh
proclamation shall have to be issued unless the JD consents to waive it. The fresh proclamation shall be
issued by Executing Court in the same manner as mentioned earlier.(Rule 69).
If the decree holder has been permitted to bid or to buy property, intimation in this respect shall be issued
to the officer holding the auction. The amount for which the property is sold to the decree holder shall be
set off against the amount due from the JD (Rule 72).
In the same manner a mortgagee cannot bid for sale without the leave of the court. However, in case of a
mortgagee the reserve price is to be fixed which ordinarily should not be less than the amount due for
principal, interest and costs in respect of the mortgagee.(Rule 72A).
No permission can be given to the officer or other person having a duty to perform in connection with the
sale to bid or purchase the property in the auction either directly or indirectly (Rule 73).
In case of sale of immoveable property by public auction the price of each lot shall be paid at the time of
38
sale and in default of payment the property shall be re-sold forthwith.(Rule 77). The possession of the
property shall be delivered to the purchaser and a direction shall be given in the sale warrant to this
effect.
If the sale is of immovable property, the purchaser shall pay at the spot 25% amount of the purchase
money to the officer or the person conducting the sale and in default thereof, the property shall be re-
sold. However, if the decree holder purchases the property and is entitled to set off the purchase money,
the requirement of deposit of 25% of the purchase money shall be dispensed with and a note in this
respect is required to be given in the direction issued to the person conducting sale through the
permission given to the decree holder (Rule 84).
If the remaining amount being 75% of the purchase money is not deposited in the court within 15 days of
the sale, the purchaser shall not be entitled to any refund and the entire amount can be forfeited to the
Govt. In that eventuality the property shall be re-sold.(Rule 85 & 86)
Setting aside sale
Rule 89 to 92 deal with setting aside of sale. When a property is sold in execution of a decree, an
application for setting aside sale may be made under these provisions by the persons affected and the
grounds mentioned therein. Such an application has to be made within the prescribed period of
limitation. But an application to set-aside sale of immovable property cannot be made on any other
ground not covered by Rules 89 to 92.
In case of manifest illegality in conducting the sale, the court can take proceedings suo moto and set
aside the sale even after the period of limitation prescribed therefore
Confirmation of sale
No sale of immovable property shall become absolute unless the Court confirms it. Where no application
to set aside the sale is made under rules 88, 90 or 91 or where such an application is made and it is
disallowed by the Court, the court shall make an order confirming the sale and thereupon the sale shall
become absolute.
Certificate of sale
After the sale has become absolute the court shall grant a certificate in favour of the purchaser. It shall
bear the date on which the sale became absolute and specify the property sold and the name of the
purchaser. Such certificate is conclusive in nature. The certificate shall be issued in form; No.38 of
Appendix E CPC. And will be stamped, at the expenses of the purchaser, in conformity with the provisions
of Chapter II, Part B, and Article 18 of Schedule 1A of the Indian Stamp Act II of 1899 as amended by
Punjab Act, VIII of 1922. When the terms of the certificate have been finally settled, the draft shall be
signed by the Judge and placed with the record of the execution proceedings and the certificate
granted to the purchaser (which should be in exact conformity with such draft) shall be engrossed on the
stamp paper, free of copying charge. No draft certificate should in any case be drawn up until the stamp
duty required by law has been paid.
It should be noted that the title to the purchaser accrues from the date of the sale, though a certificate
can only be granted after its confirmation. A copy of the certificate, whether the property sold be land or
other immovable property, and without regard to the amount of the purchase-money, shall be sent to
the Registering Officer, within the local limits of whose jurisdiction the whole or any part of the property is
situated, to be filed in his supplementary Book No.1.
Delivery of possession
The purchaser can obtain possession of the property only if he has obtained a sale certificate under Rule
94. On the application for possession the court would issue an order to put the purchaser in possession of
the property by removing any person who refuses to vacate the same. This order for possession shall be in
form No.39, Appendix E of CPC. A note to this effect has to be given on the warrant of possession (Rule
39
95). However if the property is in possession of a tenant who cannot be ejected, the symbolic possession
alone would be given to the purchaser by affixing a copy of the certificate of sale at some conspicuous
place on the property and by beat of drum or other customary mode that the interest in the property
which was held by the judgment debtor has been transferred to the purchaser. In such cases a specific
note has to be given on the warrant of possession that actual possession shall not be delivered and only
symbolic possession is to be delivered (Rule 96).
Execution of decree for specific performance
In the case of a decree for specific performance of a contract, a notice is to be issued to the JD to
perform the decree. If the JD does not come forward, the decree holder would be required to prepare a
draft of the document or endorsement in accordance with the terms of the decree and deliver the same
to the court. This draft shall be served on the judgment debtor along with a notice calling for his
objections, if any, within the time fixed by the Court. If the judgment debtor submits objections, the court
shall decide the same and the draft shall be altered in accordance with that. The court will then appoint
the local commissioner with the power to execute the document before the competent authority (like
sale deed, mortgage, lease deed etc.) on behalf of the judgment debtor. A direction shall be issued to
the JD to perform the desired acts and a copy of the draft approved by the court shall be sent along with
the notice (Rule 34). Executing court will ensure its compliance.
If the decree was for specific performance of the agreement for sale and possession and after the
execution of the sale deed in accordance with the above procedure the decree holder shall be entitled
to get possession, if he is not already in possession of the suit property covered by the sale deed.
Thereafter the decree holder can make an application to the court for delivery of the possession, if he is
not already in possession of the property. The court will issue warrant of possession and the decree holder
will be put into possession as aforesaid.
After the sale deed has been got executed and possession delivered to the decree holder, the amount
of sale, deposited in the court by the decree holder shall be paid to the JD after deducting the costs of the
suit and the expenses incurred in getting the sale deed executed through the local commissioner.
If the decree is for joint possession a specific note shall be given on the warrant of possession that the
actual physical possession is not to be given and only symbolic possession is to be given. The symbolic
possession is to be delivered by affixing a copy of warrant at conspicuous place on the property and
proclaiming by beat of drum or other customary mode at some convenient place, the substance of
decree (Rule 35).
If on the application of the D.H. the court has ordered to deliver possession by breaking open the lock or
door of any property, the warrant of possession must contain this endorsement on it so that the possession
is delivered by breaking open the lock and door (Rule 35).
40
The Process-serving Agency is the most important organ of justice delivery system. It has been observed,
during long experience, that large number of adjournments have to be given in the civil suits and other
proceedings by the courts because the summons sent by the courts for the service on the defendants/
opposite parties' witnesses are not effected by the Process Servers concerned due to lack of proper
control of incharge of Process Serving Agency. If the incharge and process servers are properly given
training as to how and in what manner the service of summons etc is to be made then much time of the
courts can be saved and no frequent adjournments would be required. It will also save the time and
energy of the courts and litigants and will be a step forward towards good governance. It will also result in
the efficient working of the courts and disposal of more cases.
Staff
The Process Serving Agency has the following staff for execution of the processes issued by the courts:
1. Civil Nazir/Naib Nazir (Incharge Process Serving Agency)
2. Bailiffs
3. Process Servers.
Types of processes
The courts generally issue the following types of processes which are sent to the Process serving Agency
for service.
1. Summons to the defendants/respondents/accused (in criminal complaints).
2. Summons to the witnesses.
3. Warrants for arrest of witnesses in civil cases.
4. Warrants for attachment of movable and immovable property including salary etc; and
5. Warrants for delivery of possession of movable and immovable property as per court decrees in
execution proceedings.
Scrutiny of processes by the incharge
When the courts concerned send the processes i.e. summons and warrants etc. for service, to the process
serving agency, the incharge concerned will immediately check whether the process is complete in all
respects as follows:-
1. That the process bears the name of the court which issued the process;
2. The name and complete address of the defendant/opposite party on which process is to be
served.;
3. That it bears the stamp and signatures of the court or the authorized official of the court ;
4. That the process accompanies the copy of the plaint and other documents mentioned in the
summons etc.;
5. That the warrant of possession contains the complete particulars of the property to be delivered to
the decree holder alongwith attested copy of the site plan, mentioned in the decree.
If there is any deficiency in the processes, the same should be returned to the court concerned for
compliance. If any incomplete summons is handed over to the Process Server or the Bailiff it shall be the
responsibility of the incharge and he will be liable for action.
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41
PROCESS SERVING AGENCY
When the process is found to be complete in all respects, the incharge shall enter the same in the receipt
register, maintained by him bearing form No. 6 as contained in High Court Rules and Orders Volume 2,
Chapter 8, Part D.
Entrustment of processes for service
Thereafter, the in-charge will entrust the process to the concerned Process Servers after obtaining their
signatures in the receipt register. He will also ensure that the process is duly entered by the Process Server
in the Process Server's diary maintained in prescribed form No. XXIII. Before handing over the process to
the Process Server the in-charge shall enter on the summons the name of the process server, date of
entrustment and the date on which it is to be returned (should be within 7 days) in a specified case. He
should use a rubber stamp containing the above three columns and this stamp will be put on every
process. He will ensure that the process is must returned by the Process Server on the date fixed for this
purpose. If any process server makes repeated defaults in compliance 3-4 times, the in-charge should
make a written report to the officer incharge of the Process Serving Agency for taking suitable action
against the defaulter. He should also withdraw the summons from him and entrust the same to some other
Process Server and his beat should also be changed. The process server shall maintain a diary in
prescribed register No. XXIX and he will fill in the columns in the register at the time of his departure and on
his return. The incharge must sign this register in the appropriate column No.15 of the register.
Mode of service of processes (Rule 9-30 )
The service of processes is to be made in the following 5 manners:
1. In Person or through his authorized agent.
2. In case of absence of the defendant/opposite party, the service may be made through any adult
male or female member of the family residing with him (not the servant).
3. In a suit relating to any business or work it may be served to the Manager or Agent carrying out such
business or work.
4. In a suit for immovable property the service may be made on the defendant himself or through his
authorized agent or through any agent incharge of the property.
5. Service of summons shall be made on each defendant.
Service of summons
Service of summons will be made as under:
1. By delivering /tendering a copy of summon by the serving officer against acknowledgment
indicating the date and time of service and obtaining the signature of an independent witness, if
any, in the presence of whom the service was made.
2. Where the defendant/opposite party refuses or evades service or is absent, the summons may be
affixed on outer door or some other conspicuous place on the main entrance of the house and it
will be deemed to have been served on the defendant.
3. Where the defendant is a Corporation, summons shall be served on the Secretary, Director or other
principal officer of the Corporation. The service shall be made through its Secretary or Director or
other principal officer or by post at its registered address.
4. Where the defendants are partners in a firm, summons shall be served on any director of the
concern.
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The relevant rules relating to the sums deposited in court under Section 31(2) of Land Acquisition Act, as
compensation, are contained in High Court Rules and Orders Vol. 2, Chapter 8 Part –C. The money paid in
the District Court under Section 31 of the Land Acquisition Act will be deposited into the Treasury as a Civil
Court Deposit under the rules applicable to such deposits until its investment, as required by Section 32
ibid.
A register shall be maintained in each District Court to show the receipt and disposal of deposits made
thereon by the Land Acquisition Officer under Section 31(2) of the Land Acquisition Act on behalf of
minors, widows and any other persons to whom the deposit cannot be paid until disposal of the case.
This register shall contain particulars as to the names of the persons to whom compensation is payable,
the case, the amount and the final disposal thereof either by investment or by payment to guardian or
purchase of land etc.
After the deposits are made and brought on register, the Court shall proceed to take action in regard to
the investment or disposal of money deposited in accordance with the instructions contained in Sections
32,33 and 34 of the Land Acquisition Act.
When the money is invested otherwise than in the purchase of land, and account in the ledger form
should also be opened for the person on whose behalf the money is invested to show payment of interest
and final disposal.
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43
MAINTENANCE OF ACCOUNTS IN REGARD TO SUMS
DEPOSITED IN COURTS UNDER SECTION 31(2) OF THE LAND
ACQUISITION ACT AS COMPENSATION PAYABLE TO PERSONS
WITH RESTRICTED POWERS OF ALIENATION ETC.
There are two systems of dealing with the Civil Court Deposit Account. One system is receiving and
making the payments in cash and the other system is voucher system. The voucher system only is
applicable to the Courts in the States of Punjab, Haryana and U.T.Chandigarh
In this accounts the amounts are got deposited by the courts from the parties or from the persons
/institutions to whom the courts had directed to deposit the amount in the court for payment to the
parties or to any other person in whose favour the courts had passed order for payment. In this account
the following items are included:
1. Money paid into Court by parties in anticipation of judgment
2. Decretal amounts paid in by judgment-debtors or by their superior officers when their pay is
attached, or by other Courts on attachment of a decree.
3. Amounts realized in execution by Bailiffs or Court Auctioneer.
4. (Insolvency Court only) Advertisement charges and realizations from estates summarily
administered.
5. (District Courts only) Compensation for land acquisition deposited by Collector and money
realized in liquidation proceedings when this is not paid into an account opened by the
Liquidator with State Bank of India.
6. Deposits for Court –fee in probate, Letters of Administration and Succession Certificate cases.
7. Compensation deposited with District Judge (MACT cases)
8. Deposits under the Punjab Relief of Indebtedness Act.
9. Security required by the Civil Court and deposited by the party to a suit.
10. Any other amount received by a Civil Court in a case and cannot be disbursed immediately
provided that in no case will money be deposited in these accounts, which, under the rules, is
straightway to be credited to govt. revenue.
No court will receive money unless it is authorized to do so by other Bye –laws or by the rules of the High
Court and in the absence of express authority and of full particulars, the deposit will be refused, otherwise,
difficulty may arise over refund and there may be other legal complications. All money received will be
brought to account. In particular, it should be noted that;
1. The taking of security in cash from subordinate officials is forbidden; and
2. Guardianship Courts are not allowed to take money into deposit on behalf of minors. Guardians
frequently try to deposit money with the courts. They should be required to deposit it with an
approved bank in accordance with the Rules on the subject. Other persons should be directed
to make payments to the guardians.
These rules apply to all Civil Courts of District Judges and Subordinate/Civil Judges. Vide Article 209, Civil
Account Code, Vol.-I that is, it is intended that these Courts neither receive nor pay out money, but that all
deposits should be paid into the treasury on documents signed by the Presiding Officer of the Court and
all payments should be made by means of voucher on the treasury.
Only one register will be maintained under the voucher system and that is the “ Register of Receipts” the
proforma of which is attached to it. This register is primarily a record of challan and vouchers issued and
not of actual cash transaction.
When a deposit is tendered by a depositor in person or through authorized agent, he will present an
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CIVIL COURT DEPOSIT ACCOUNT
27
application to the court. This application should be verified from the judicial record of the case
concerned by the Ahlmad and if it is in order, he shall pass it on to the Nazir. The Nazir shall then fill in
column 1 to 7 of the “ Register of Receipts” and prepare a “ Challan”, in duplicate. The Nazir shall then
produce the depositor and these documents before the Presiding Officer who, if he approves the
deposit, shall sign the challan in duplicate after initialing the amount in column 7 of the “ Register of
Receipts” and then hand over to the depositor, his application and challan in duplicate and warn him
that he must make the deposit and present the three documents at the Treasury himself and must not do
so through any court official. If the Presiding Officer does not approve the deposit, he shall cancel over his
own signatures, the entries, which were made by Nazir, in all these documents including register.
On receipt of money by the Treasury, one copy of Challan will be returned to the depositor duly signed by
way of receipt and the other copy shall be returned by the Treasury to the court concerned direct after
the number and date of the entry in the Treasury Receipt Register have been noted thereon.
When money is received by money order in the court and dealt within the “Count's Intermediate
Register”, the Nazir will prepare a formal application and the necessary challan in duplicate, filling
column 1 to 7 of the “ Register of Receipts” and remit the money to the Treasury after the Presiding Officer
signs the application and challan in duplicate, and initial the amount in column 7 of the “ Register of
Receipts”.
When money is to be paid in by a Bailiff or a Court Auctioneer, he is required to pay the money into the
Treasury himself as if he were a private depositor. The copy of the Challan, returned by the Treasury, to the
Bailiff by way of receipt, should be pasted into his note book. In the case of deposit by Bailiff, the Challan
will be prepared in triplicate and one copy shall be sent to the court concerned by Nazir for being placed
on the concerned case file. The money received by Bailiff shall be deposited in the
Treasury on the same day or by the next working day.
After the money has been deposited and the entries have been made in the Register maintained by the
Treasury, the Treasury Officer will forward the application to the Nazir giving the Register entry number and
the date of deposit and Nazir after making the entry in the “Receipt Register” regarding the number and
date, shall hand over the application to Ahlmad of the Court for being placed on the case file.
When the deposit is received by the Nazir through cheque or demand drafts or through postal money
order, the Nazir shall prepare the challan as stated above and send the challan, draft or cash, as the case
may, to the Treasury and the application as and when returned by the Treasury, shall be dealt with in the
manner stated above.
Payment by voucher
the Nazir of the Court will maintain no separate register regarding repayment of Civil Court Deposit. On
receipt of application for repayment of such deposits, the Nazir of the Court will verify them from the
“Register of Receipts” and the report of Ahlmad shall also be obtained on the application to the effect
whether there is any stay order from any court or as to whom the amount is payable and Nazir will put up
the application along with the register and the original record, if not already consigned to the Record
Room, for order of the Presiding Officer. After orders for repayment are passed by the court, the Nazir will
prepare a voucher in form “ C.A.C. Form No. 27, “ enter the particulars of repayment in the “Register of
Receipts” against the relevant item and will get both, the register and voucher signed from the Presiding
Officer of the Court concerned. He will then deliver the voucher, along with a memo, showing brief
particulars of payments, to the payee for drawing money from the Treasury and place the application
and the payee's receipt for the voucher on the record. The Treasury Officer will return the memo to the
Court after recording thereon the number and date of the treasury voucher and these particulars should
be noted against the entry of payment in the “Register of Receipts” over the signatures of the Presiding
officer of the Court.
Duplicate Voucher
In the case of loss or misplacement of the original voucher, if application for duplicate voucher is
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presented for the amount shown in the “Register of Receipts”, shall be issued to the payee after obtaining
a non-payment certificate from the Treasury Officer vide Article 16, C.A.C. Vol. I. This voucher will be
distinctly marked “Duplicate” in red ink. A note regarding the issue of the duplicate voucher shall be
recorded against the item in question in the “Register of Receipts” over the initials of the Presiding Officer.
Repayment by transfer credit to Govt. Accounts
In the case of repayment to be made by transfer credited to govt. account, the voucher will be prepared
by the Nazir in the manner stated above, duly signed by the Presiding Officer of the Court who will note
distinctly on the voucher.
“Received payment by transfer credited to _____________” (Specifying the appropriate Head of
Account.
All registers of CCD and blank forms of the vouchers for repayment of deposits shall be kept under lock
and key.
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At district headquarter, the Sheriff's Petty Account is maintained in the court of Civil Judge (Senior Division)
and at Tehsil Headquarter, it is maintained by the Additional Civil Judge (Senior Division). In this account
the sums deposited by parties, as the expenses of witnesses, fees of expert witnesses and commission fee
in civil, criminal and revenue cases and deposit of charges of news papers in cases of substituted services,
sum deposited for immediate disbursement as costs in partition cases(revenue), sums deposited as costs
in connection with application for Probate, Letter of Administration and Successions Certificate, other
than the cost of stamps deposited by applicants under Acts XXXIX of 1925 and all petty items received for
immediate disbursement in full except when they are deposited in courts following the cash system for
Civil Court Deposits are received.
The following registers are maintained/used in Sheriff's Petty Account:
1. Register of receipt.
2. Register of Disbursement
3. Cash book
4. Treasury pass book.
5. Receipt form
6. Register of process including warrants etc., received from other Tehsils or Districts with or without
diet money
7. Note book of process server.
8. Payment order form.
9. Challan form
10. Check Form
11. Form 29 Civil Code Vol. 1.
12. Form 30 Civil Account Code Vol. 1.
13. Stock book of forms of Receipt Books/cheque books.
14. Intermediate register of money orders etc.
(The preforma of the registers are given in this book.)
Whenever a party makes an application for deposit of the amounts stated above, the Reader of the
Court is to enter the case No. and date of institution on the application and court shall pass order for
depositing the amount. Then this application along with money shall be produced to the Civil Nazir
or Naib Nazir who is dealing with the Sheriff Petty Account, who after receiving the amount shall make
entry in the register of receipts and shall issue receipt in form No.5. The concerned Nazir shall send the
application to the Ahlmad of the court concerned. The progressive totals of daily receipt should be
made beneath the daily total and continued till the end of the month. From the monthly progressive
total, the total payment as per the “Register of Disbursements” is to be deducted to arrive at the net
balances at the end of each month, which should be carried forward from month to month to work
out the progressive net balance at the end of the year. This balance should agree with the total of
balances appearing in the treasury and cash columns in the cash book. The balance for each month
going back to the back three financial years should be worked out separately from the “Register of
Receipt” and the total of the items thus worked out proved with the balance in the “Cash Book”
Progressive totals of payments
The “Register of Disbursement” is to be completed and should be confined to a daily record of payments
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SHERIFF'S PETTY ACCOUNT
28
to entitled payees. The daily entries should be totaled up and the progressive totals of daily payments
should also be made beneath the daily total till the end of the month.
Cash Book
The daily total of receipts in the” Register of Receipts” and all payments in the “Register of payments”
should be carried to the “Cash book”. In the cash column the closing balance of the previous month stbeing noted as opening balance of the next month on the 1 day of that month. Payments into and
withdrawal from the treasury should be accounted for in this “ Cash book” in the manner described
under:-
Entries in Cash Book of payments into and withdrawals from Treasury
When the amount is paid into the Treasury an entry should be made on the payment side in the column
“Cash” and a per contra entry should be made on the receipt side in the column “Treasury”. Similarly,
when money is drawn from the Treasury an entry should be made on the payment side in the column
“Treasury” and a per contra entry should be made on the receipt side in the column “Cash”. Progressive
balance on each day should be struck under the signatures of the “Officer-in-Charge”
Comparison of Cash Book with treasury passbook
At the close of the month, there will be no cash balance in the hands of the Nazir. The balance with
Treasury (as per Treasury Column) cashbook should be worked out and agreed with the balance as
shown in the Treasury Pass Book.
Duties of the officer-in-charge
The principal financial duties of the officer –in-charge of the agency are:
(i) to see that all sums received are brought to account in the “Register of Receipts”,
(ii) to see that no payments are made except against deposits shown in the “Register of Receipts.”
(iii) to verify the balance by frequent physical verification of the cash balance in the agency and by
comparison of the treasury balance in the “Cash Book” of the agency with that shown in the
“Treasury Pass Book”; and
(iv) to see that remittances into and withdrawals from the Treasury when required are promptly and
correctly made.
If the duties are properly carried out there is no risk or defalcation and clerical error in the accounts should
be immediately detected.
Personal Ledger Account of the Treasury
In respect of the balances remitted thereto the Treasury maintains a Personal Ledger Account in the
name of the agency concerned.
Proper forms and registers to be maintained
No books of account, other than those prescribed, can be maintained and no change can be made in
the existing forms of the registers without the sanction of the High Court in consultation with the
Accountant General..
Money Orders Intermediate Registers
Whenever the money is received in the court by Money Order, the Nazir has to enter particulars to identify
the transaction in the”Courts's Intermediate Register”. The officer in charge of the agency or in his
absence another judicial officer, empowered in this behalf by the District Judge, will then both initial the “
Intermediate Register” in respect of the transaction and sign the money order receipt before handing
over the receipt to the Postman and money with the money order coupon to the Nazir for further disposal.
Such an officer must see that all items in the “Intermediate Register” are cleared by transfer entry to the
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appropriate” Register of Receipt” on the day of receipt, if possible, or the next morning and initial both the
“ Intermediate Register” and the “Register of Receipt” in verification of this having been done by the
Nazir.
Agencies maintaining Sheriff's Petty Account
There are 2 classes of agencies, which are required to maintain the Sheriff's Petty Accounts. The office
maintaining accounts is usually known as the Nazarat. The classes are as under:
(I) The principal process-serving agency at the headquarters of a district. This deals with process
received from Civil, Revenue and Criminal Courts. This agency is under the control of the Civil
Judge (Sr. Divn.). It is referred to as Civil Judge (Sr. Divn) Agency.
(ii) Agencies at outlying stations is in the charge of Additional Civil Judge (Sr. Divn.)
The agency of the Civil Judge (Sr. Divn) is in the subordinate charge of a Naib Nazir / Civil Nazir who
receives cash and make payments. In outlying stations these are performed by a Naib Nazir or a Madad
Naib Nazir.
Control Over Agencies and Delegation of Duties
The Civil Judge Sr. Divn. is responsible for general control of all agencies other than those of a district court
or a small cause court.. The Civil Judge (SD), under special permission of the High Court, may delegate
certain of his administrative duties to another subordinate judge. The order of delegation will state
exactly what duties have been delegated in that case; however, he will still remain responsible for
general supervision. District Judges and officers in charge of outlying agencies, in no case, delegate their
duties under the rules.
Security
Nazirs are responsible in the first instance for the proper up-keep of the accounts for the security of the
cash in their hand. Security is required to be deposited by them and by certain other members of the
process serving establishment as laid down in Chapter XVIII-C, Rules and Orders Vol .I, as under:
Civil Nazirs (Civil Judge Sr. Division's Agency): Rs. 1000/-
Naib Nazir (Distt. Judges, Civil Judge (SD) other Rs. 200/-
Agencies including Subordinate Court's Judges
Naib Nazir (Civil judge, Sr. Division's Agency) Rs. 100/-
Naib Nazir, Madad Naib Nazir
Bailiff Rs. 50/-
Process Server Rs. 200/-
Duties of Civil Nazir
The Civil Nazir is also the head of the Process Serving Establishment of the District other than that working
directly under the District Judge or the judge of a Small Cause Court. His duties are:
I) To submit reports relating to the members of the establishment or their duties to the Civil judge Sr.
Divn. ;
ii) To arrange for the distribution of processes amongst the process servers and the transmission to
the agencies located at Tehsils;
iii) To see that the prescribed accounts are properly maintained by the staff working under his
immediate control; and
iv) To prepare correspondence regarding the payment of diet money of witnesses and other similar
matters.
Receipts of processes and Deposits by the Agencies - Applications for deposit:
How to be dealt with when an application involving a deposit in a Sheriff's Petty Account is presented in
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the court, as for example, an application for summoning of witnesses to whom diet money is to be paid,
the court Reader shall note thereon the number of case, in order to enable Nazir to make the necessary
entry in the “Register of Receipts”. After the usual orders have been passed and recorded by the court,
the applicant shall tender the amount of deposit together with the application to the Nazir who will fill in
column 1 to 7 of the “Register of Receipts”, prepare a “ Receipt”, in foil and counter foil on the prescribed
form and issue the foil to the depositor as receipt for money deposited after it is signed by the officer in
charge.
If the application is for summoning of witness a Govt. servant it must state:
i) His full official designation;
ii) The amount deposited for traveling expenses
iii) The amount deposited for diet money or subsistence allowance.
These details are must to be entered into the “Register of Receipts”
Processes for service within the district to be sent to local agent
All processes, issued by courts for service within the district, will be sent to the Nazir which should contain a
reference to the amount deposited and the number of deposit.
Process for service in another district
Processes issued by a court for service in another district will be made over to the Nazir of a court of Civil
Judge (SD) or Nazir of the court of Additional Civil Judge (SD) at Tehsil headquarters by the issuing court
for entry in the register in Form No. 6 and for transmission to the Civil Judge Sr. Divn. Of the district in which
the person to be served resides. The amount deposited with the Nazir concerned on account of
subsistence and other expenses as noted on the summons will be transmitted by the Nazir by postal
money order to the Civil Judge Sr. Divn. or the Administrative Subordinate Judge in the district or
Additional Civil Judge (SD) at Tehsil Headquarter in which the service is to be effected, the cost of postal
money order, being borne by the party at whose instance the process is issued.. The Civil Judge Sr. Divn.,
Additional Civil Judge (SD) of such other district, shall, in the event of the process not being served, return
the amount by postal money order less cost of commission on such money order.
Step to get back the money if the process is not served
Courts issuing processes to other districts should take measures to call for the prompt return of the money
remitted on account of processes, which have not been served, and such sums, after being accounted
for in the accounts of the Nazir in the usual way should be returned to the persons taking out the process
and excluded from the cost of the suit.
Service of processes
Processes issued by a court at the headquarters of the District or a Tehsil, for service on a person, residing
within their jurisdiction, will be made over to the in charge of the process serving agency who will,
thereupon, arrange for payment at the time of service, of sums due to person to whom the processes are
addressed.
Procedure when processes and money are delivered to process-server
The sums, as entered on the processes, will be given to the process server together with the processes and
while doing so the following procedure is to be adopted by the process serving agency:
(i) Each process should be entered in the” “Register of Processes received and disposed of by the
Nazir”,
(ii) Payment to process-server should be entered in the appropriate column of the “Register of
Receipts” against each sum,
(iii) Payment entries should be made in the “ Register of Disbursements” and the process-server's
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acknowledgement of receipt in column 1,
(iv) Details of each sum should be entered in the “ Process –server's Note-book.”
No process server should have more than Rs. 60/- in hand at any one time
When a process server pays diet money to any witness or pays Munadi fee, he shall take the receipt of the
actual payee in column 8 of his note book as well as on the back of the original copy of the process on
which service is endorsed. The payee's acknowledgement will be verified by one or more respectable
witnesses, the date and signature of the serving officer will be added. To minimize the risk of
misappropriation, the court concerned should ascertain, before proceeding with the case, that the
witnesses appearing before them are the persons whom the diet money was actually paid.
Procedure when processes are returned served by the process server
The processes whether served or un-served will be returned to the Nazir. If the service is effected and
money paid to the payee, the Nazir shall verify the service with the acknowledgement of the payee given
in column no. 8 of the Processes Server's note book as well as on the back of the original copy of the
process and submit the same to the court concerned with the usual certificate of service, at the same
time filling up column 12 and 13 of the “ Registrar of Processes received and Disposed of by the Nazir”.
Procedure when processes are returned un-served by the process server
In the case of non-service of processes, the un-disbursed amount returned by the process server shall
again be entered against a new number in the” Register of Receipts”. The new number in the “ Register of
Receipts” will be quoted against the original entry in the “Register of Disbursements” and noted in column
10 of the “ Process Server Note book”, column 1 of which should also be signed by Nazir in
acknowledgement of money having been received back from the Process Server. The processes shall
then be returned to the court concerned with a certificate of non-service after filling the columns 12 and
13 of the “Register of Processes Received and Disposed by the Nazir”.
Checking of Process Server's Note Book
The process server note book in the court of Civil Judge Sr. Divn. and Small Cause Court will be checked by
the COC monthly and all these note books shall also be checked quarterly by the officer in charge and
monthly by the Presiding Officers of the courts at Tehsil headquarters. The following certificates shall be
recorded by the Presiding Officers on the note books.
“Certified that I have personally checked the accounts for the month of /quarter ending ______________
and am satisfied that they are correct and in order.
When un-served processes are returned to the Nazir, it shall be his duty to see that un-disbursed diet
money, remitted with the processes, is also returned to him and entered in the “Register of Receipts”.
Processes sent by one Nazir to the other in the same district
Processes issued by a court, situated within the limits of one Tehsil (whether it be the headquarter tehsil or
an outlying tehsil) for service on a person residing within the limit of another tehsil in the district will be made
over to the Nazir at the place where the court issuing the process sits and such Nazir will transmit the
process (duly endorsed with the amount, if any, which is to accompany the process) by post or (where
absolutely necessary) by messenger to the Nazir of the Tehsil within which service is to be effected, after
making the necessary entries in columns 1 to 11 of the “ Register of Processes received and disposed off”
by the Nazir.
Processes received by one agency from another in the same district will invariably be returned direct to
the them from whom they are received and he will return them to the court concerned.
Amount to he sent by money order
The amount to accompany a process, as noted above, after making the usual entries in the “ Register of
51
Receipts” and the “ Register of Disbursements”, will be sent by postal money order to the Nazir concerned
along with the process, the money order commission being recovered from the party at whose instance
the process is issued and the money order being addressed to the officer-in-charge of the agency in
which the processes are to be served. The said officer-in-charge shall take delivery of the money order
under his own signatures and in the manner referred to in para “ Money order intermediate register,
stated above and he shall also see that the amount is transferred from the “Intermediate Register” to the “
Register of Receipts” on the day of receipt, if possible, or the next morning. The Nazir, after carrying out
the procedure noted above, shall cause the processes to be served and the amount disbursed to the
payee in the same manner as if the process had been issued by one of the court of his own station.
The officer in charge of the receiving court must satisfy himself that all amounts accompanying the
process have been brought on in the “Register of Receipts”
The processes received from other Tehsils shall be entered in the relevant register bearing No. 6
maintained by the Nazir/Naib Nazir.
Procedure for return of money in case of non-service of the processes
In case of non-service of the processes, the amount (less money order commission) will be returned by
postal money order to the officer in charge of the court from whom it was received. The said officer shall
take delivery of the money in accordance with the procedure laid down above for the receipt of money
order on the day of receipt, if possible or on the next morning; such amount will be entered by the Nazir
against the new number in the “Register of Receipts” which number would also be quoted against the
original entry in the “Register of Disbursements”.
Certificate of Service or non-service
The Nazir, to whom the process is sent for service will invariably return the same, with a certificate of service
or non service, as the case may be, duly endorsed thereon and signed by the officer in charge to the
agent from whom he received the process, and the latter will thereupon fill in the relevant column of
register Form No.6 and then forward the process to the court which issued it.
Refund of deposits
Any un-disbursed balance of deposit will be paid to the depositor when he claims a refund. In such cases
and in all other cases in which un-disbursed money has been ordered by the Court to be paid to the
proper person, the court shall issue a payment order in the prescribed form to the Nazir who, after taking
the payees acknowledgement in the space provided for the purpose and making necessary entries in
the” Register of Receipts” and the “Register of Disbursements” will pay the amount due. The number will
be quoted on the top of the payment order which will be the serial number of the transaction in the”
Register of Disbursements” by the Nazir concerned.
In all the decided cases in which the diet money of the witness was deposited and is lying un-disbursed,
the Reader of the Court will issue a payment voucher in the prescribed proforma in the name of the
depositor and will send the same to Nazir who shall remit the amount to the depositor through money
order. The un-disbursed diet money is to be refunded to the depositor and not to counsel for the depositor
in any case.
Before the record of a decided case is consigned to the Record Room the Reader of the Court will attach
to it a certificate that un-disbursed deposit of diet money payable to witnesses has, in all cases, where
necessary, been refunded to the depositors. The Record Keeper will not receive the record unless this
certificate is attached. This condition is also applicable towards deposit of advertisement charges of
newspaper in cases of substituted services.
Renewal of payment order
The court's payment orders remain in force for a period of one month only and in no case payment will be
made to any person on a lapsed order unless it is renewed. On the production of a lapsed payment
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order, the authority which originally granted it may, if satisfied that the person producing the same is
entitled to receive payment, will revalidate the order as follows:
Renewed.
Signature of the officer
Date
The fact and date of renewal will be quoted in the departmental record of the court.
Daily Supervision of accounts
At the end of the day, the officer in charge of the agency shall compare the entries made in the “Register
of Receipts” with the application and counterfoils of the receipts issued and, after satisfying himself of
their correctness, will put his initials against each entry in column 8 of the “ Register of Receipts.”
All entries of receipts in “ Register of Receipts” and of payments in “ Register of Disbursements” and in the
payment column of “ Register of Receipts” will be duly attested by the officer in charge of the agency on
the day of transaction before the close of the business. If, however, he is absent, he should, within a week
of his return, check the accounts and forward a certificate to the District Judge that he has carefully
scrutinized the records of all monetary transactions which took place in his absence and has satisfied
himself that they have all been brought to account and that no irregularities have been committed.
Payee's receipts, received through the Post Office for amounts sent by money order, should be pasted in
a guard file and a reference to their number in the guard file will be inserted in column No.1 of the “
Register of Disbursements”. Similarly, coupons of money order receipts will be pasted in a separate guard
file and a reference to their number in the guard file, inserted in column no. 6of the “ Register of Receipts”.
Dealing with Treasury
Whenever, during the month, the sum in the hand of Nazir at the district headquarter is Rs. 1500/- or more
and that at Sub Division, Rs. 1000/- or more, thus surplus amount respectively will at once be remitted to
Treasury or Sub Treasury. A memorandum in the form given below will accompany each such remittance
and the treasury pass book and the challan, which will be returned to the Nazir, duly receipted, by the
treasury/bank.
(i) Balance in hand, if any.
(ii) Withdrawal from Treasury since last remittance.
(iii) Deposits received since last remittance.
(iv) Total
(v) Payments made since last remittance.
(vi) Balance
(vii) Amount now remitted to the treasury.
(viii) Balance in hand
At the end of the month the entire amount in the hands of Nazir will also be remitted to the Treasury/Bank.
Withdrawal from the Treasury
In the rare case, when the balance in the hands of Nazir, falls below the amount required for immediate
disbursement, he will recoup himself by means of a cheque on the treasury to be signed by the officer in
charge after he has satisfied himself by personal inspection of the accounts that the withdrawal is
necessary. The cheque will be sent to the Treasury along with Treasury passbook, which will be returned to
the agency after noting the withdrawal, duly attested by the Treasury Officer.
Neither the balance paid into the Treasury nor the amount withdrawn there from will be shown in the “
Register of Receipts” and the “ Register of Disbursements”. These remittances and withdrawals will be
shown only in the cashbook, as their effect is to deplete or increase the amount in the hands of Nazir.
This is the principal duty of the officer in charge to see that the money is promptly remitted in the Treasury
whenever the amount in the hands of Nazir exceeds the permissible limit and that no unnecessary
withdrawals are made, and also to watch that the balance in the hands of Nazir on the last working day of
53
the month is remitted to the Treasury so that it may be included in the accounts of the Treasury on that
day. The monthly balancing of the accounts should show at a glance whether the Nazir has remitted to
the Treasury the amount which is supposed to have been sent and it is also necessary for the officer in
charge to satisfy himself that the remittances have been promptly made by the reference to the treasury
receipts which should be filed in a separate guard file.
Treasury Account
The treasury will maintain a Personal Ledger Account in form 44 Civil Account Code, in the name of each
agency dealing with it and will supply the Court with a pass book. The Court will send the pas book
monthly to the Treasury Officer for verification of the balance shown in it.
On each occasion, when a remittance is made to the treasury, the gross receipt and gross payments
noted in the memorandum, will be entered in the receipt and payments column, respectively in the
Personal Ledger account and the amount actually credited to the Treasury added to the previous
balance to arrive at the progressive balance to be shown in column 5 thereof. The amount remaining in
the hands of Nazir, at the time of each remittance, will be noted down in the remarks column. In addition
to being entered in the Ledger Account the gross receipt and gross payments shall be carried to the
receipt and payment side of the cashbook against the head “ Sheriff's Petty Account.
In the case of payments taken from Treasury through cheque, the progressive balance as shown in
column 5 shall be reduced and the amount noted in the remarks column (as amount in the hands of
Nazir).
Reconciling differences between the balances as shown in the Treasury and balance sheet of the
agency. To reconcile the discrepancies, the amount remaining in the hands of Nazir will be shown
separately as under:
i) In the remarks column of the Personal Ledger Account,
ii) In the Nazir's daily balance sheet, the entry in the last being on the same principle as entry of a Sub
Treasury balance.
The Treasury shall continue to show these balances in the balance sheet until the entry is cancelled by a
corresponding credit at the treasury at the end of the month.
Deduction of lapsed deposits
In addition to the gross receipts and gross payments the other entry in the treasury account will be the
annual deduction of lapsed deposits reported by the Nazir, the adjustment of which shall be made in the
office of the Accountant General by credit to head “XLVI-Miscellaneous-Unclaimed deposits”. The
Treasury Officer will simply reduce the balance of Personal Ledger Account.
Monthly verification of accounts
On the last working day of the month the agency will proceed to compare the balance shown in its own
books with the balance shown in the treasury pass book.
Working out balance list of unrefunded lapsed items
There will be three balances in the books of the court. One balance will be struck at the end of the month
in the “ Register of Receipts” and will show the total amount outstanding from all previous deposits, less the
amount which was lapsed to Govt. This balance will be made one of two other balances. One will be
balance in cash with the Nazir, as shown in the Cash Book and the other will be the balance of remittance
to the Treasury as shown in the passbook. The comparison of balances in the cash book shall be made at
the end of each month with the balance shown in the “ Register of Receipts” as under; -
Opening balance
Receipt for the month as per “ Register of Receipts”
Total
54
Payments for the month, as shown in the “ Register of Disbursements”(plus lapsed item which will
appear in March only.
Closing balance
Details
Balance as per Treasury “Pass Book”
Balance in the hands of Nazir as per “ Cash Book”(which should be remitted to the Treasury after
verification on the last day of the month.
Total
At the end of each month, the officer in charge of the court, dealing with SPA should also prepare a list of
un-refunded deposits not lapsed to govt. working upto the balance (including the treasury balance).
The balance for each month, going back to 3 complete financial years should be worked out separately
from the “ Register of Receipts” and proved with the balance with the balance at the end of the month a
depicted by the “ Cash Book”.
Physical verification of balance in the hands of Nazir
The balance in the hands of Nazir should be physically verified by the officer in charge who will record a
note certifying that “I have myself today counted the cash in the hand of Nazir under the head” Sheriff's
Petty Accounts” and find that the cash amount of Rs. _____________as shown in the cash book, is with the
Nazir”.
This verification should not only be made monthly but surprise inspections may also be made at frequent
intervals in order to ensure that the Nazir is not using the balance for other purposes during the middle of
the month. Inspecting Officer should also check the cash balance by physical verification.
Monthly comparison of Nazir's balance with Treasury Passbook
The balance should be checked by the officer in charge with the “treasury pass book” at the beginning of
each month and he should record a certificate to the effect that “ I have today compared the treasury
balance as shown in the books with the Nazir with the balance in the “ treasury pass book” and I find that
they agree.”
If any discrepancy is found in the accounts the officer in charge should take immediate steps to have the
accounts reconciled and to see that no error has crept in. If the account cannot be reconciled at the
middle of the month following that to which the balance relates, the discrepancy must be at once
reported to the District Judge who will personally take steps to have the discrepancy reconciled. If the
District Judge cannot do this by the end of the month, a report will must be sent to the Hon'ble High Court
and the Accountant General.
Difficulties in the working of accounts to be reported to the higher authority
If the Nazarat Branch feels any difficulty, which may be found in the working of accounts, the same should
be reported to higher authorities with the proposal for their removal by the branch.
Lapsed Deposits
Notwithstanding the provisions of Article 206 of Civil Account Code, Vol. I and in partial modification
thereof, all deposit items relating to Sheriff's Petty Accounts, irrespective of their amounts shall remain
current for three complete account years and shall lapse to govt. at the end of that period.
The officer in charge of branch shall prepare a statement of lapsed items on form 29 Civil Accounts Code
after the end of each financial year and strike them off from the “Register of Receipts” on the last day of
the financial year by entering them in column 20 provided for the purpose. The date of lapse being noted
below the amount in red ink. The total amount of lapsed items as per statement so prepared should agree
with the total of outstanding balances prior to three complete account years as shown in the analyses of
55
the outstanding balances in the remarks columns of the “ Register of Receipts” (Vide Rule 3 under Section
1(1) and as worked out in the memorandum prescribed in Rule 42 under Section X. This statement should
be submitted to the Treasury Officer in the first week of next financial year. The officer in charge of the
agency shall record a certificate on the statement to the effect that ”all amounts, due to lapse to govt.,
have been included in the statement.” One copy of the statement shall be kept by the court for audit by
the Audit Department.
The Treasury Officer shall reduce the balance of the “Personal Ledger Account” by the total amount of
lapsed items who shall forward the same to the Accountant General.
Items so lapsed, if claimed, shall only be paid by the Treasury officer after the necessary sanction of the
Accountant General has been obtained on form 30 of Civil Account Code.
Diet money (i.e. subsistence allowance) levied in accordance with rules) deposited in these accounts
under rule 9 in respect of servants of the govt. appearing as witnesses in civil and criminal cases will not be
paid to them but will be credited in the treasury under the head” XXI-Administration of Justice-Misc. fees
and fines-Other items”. Similarly, all sums deposited for traveling expenses in respect of these servants,
who are not entitled to receive such expenses from the court, will be credited in the Treasury under the
same head.
In the case of employees of the Central Govt. sums on account of Road and Diet money will be
deposited in the Treasury to the credit of department concerned in the receipt schedule of the Central
department. In the case of Railway employees, the amount is creditable to the accounts of Railway
concerned under the head “Adjusting accounts with Railway under provincial section of the accounts”.
In each case, the following particulars will be inserted in the challan:
1. Name of witness
2. Official designation.
3. Office in which employed
4. Name of court in which appeared.
5. Date of hearing.
6. Names of parties to the suit.
The Readers of the Court concerned should give timely information to the Civil Nazir/Nazir that the
statement of the servant of the govt. appearing as witness has been duly recorded so that there may be
no avoidable delay in crediting the subsistence allowance into the Treasury. As a further safeguard the
Reader of the Court, before the record of decided cases is consigned to the Record Room, attach to it a
certificate that the subsistence allowance of all servants of govt., who have appeared as witness to the
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Sr. No. Classification of employee Head to which creditable
1. Employees of States other than Punjab State
S. Remittance Interstate Suspense A/C with state
2. Employees of H.P. Govt. S. Remittance Central HP Govt. suspense A/C
3. Employees of Central Govt. under the audit control of AGCR New Delhi.
S . Remittances. Adjust ing A/C between Central and Provincial Govt. Account between Civil and Civil A/C between AGCR Punjab. III items adjustable by AGCR.
4. Employees of Central Govt. under the audit control of Accountant General, Punjab
To the corresponding receipt head of the central section of A/C of the department of the Central Govt. to which the govt. servant belongs.
case, has been credited into the Treasury under the relevant head. The Record Keeper will not receive
any such record to which this certificate has not been attached.
Custody and issue of checking of “Receipt Books” and Cheque Book
“Receipt” books and “Cheque” books, on receipt by the office, be entered in the” Stock Book of
“Receipt” and “Cheque book” and remain in personal custody of the officer in charge who will issue the
same to the Nazir after accounting for such issue in the stock book. The number of cheque and receipt
forms in each book, when received, be cheeked and a certificate to this effect shall be recorded on the
cover of each copy.
Each page of every Register and Book of Account shall be paged and sealed and an endorsement shall
be made at the end of such register or book shown by the number of pages and signed by the officer in
charge.
All registers of “Sheriff's Petty Account” and blank forms etc. shall be kept under lock and key.
57
At the time of transfer of any official his successor will receive the complete charge of the record from his
predecessor and will check that no document is missing from the file. The relieving official shall, in the
presence of official to be relieved, check all the records leaf by leaf with the index attached to it and then
sign a certificate to the effect that he has carefully checked all the record made over to him and he has
received the documents mentioned in the index. If any paper is found to be missing, the matter shall be
immediately brought to the notice of the Presiding Officer of the Court.
The transfer of charge shall not ordinarily take more than 4 days but this period may be extended to 7 days
under the written sanction of the Presiding Officer and to 10 days under the written sanction of the District
and Sessions Judge. If any document or part of the record is subsequently found to be missing the
Presiding Officer of the court shall immediately take action for its recovery or reconstruction. He shall also
fix responsibility of the custodian, if the document was on the index or on the official whom the custodian
relieved, if it was not on the index.
Each Civil and Criminal file will be prefixed to it an index of its contents which will be in the prescribed form.
Each paper admitted would be entered in the index on the day on which it is so admitted. All the civil and
criminal files shall be arranged in two parts A and B. Part A of a civil case will contain the papers in the
following order:
(i) Index of papers
(ii) Order sheets.
(iii) The plaint with the papers annexed thereto.
(iv) Any cross claim set up by the defendant by way of set off and written statement.
(v) All depositions of witnesses.
(vi) All documents received by the court during trial as evidence between the parties.
(vii) Any award of Arbitrator, or Deed of withdrawal, compromise or confession of judgment.
(viii) The judgment or any final order.
(ix) The decree.
All the remaining papers shall be kept in Part-B of the file.
Papers included in Part A and B of criminal cases in Magisterial trials.
Part-A
(i) The index of papers.
(ii) The order sheets.
(iii) The final police report.
(iv) Petition or complaint
(v) All depositions of witnesses and statements of accused persons.
(vi) All documentary evidences.
(vii) The charge sheet.
(viii) The final order of the court.
All the remaining papers shall be kept in Part-B.
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PREPARATION AND MAINTENANCE
OF JUDICIAL RECORD
(Record Room)
29
Papers included in Part-A and B of Sessions Cases
Part –A of a Sessions case will contain the following papers:
(i) Index of papers.
(ii) Order Sheets
(iii) Charge sheet.
(iv) All depositions of witnesses and statements of accused persons.
(v) All documentary evidences.
(vi) Judgment.
All the remaining papers are to be placed in Part-B of the file.
If an appeal is filed in any case, the copy of judgment received along with the file shall be placed after
the original judgment.
In appeal cases the files will be arranged as under:-
(i) Index of papers.
(ii) Order sheet.
(iii) Petition of appeal.
(iv) Copy of judgment of the lower court.
(v) Any additional evidence taken under Section 428 Cr.PC.
(vi) The final order of the court.
Part –B shall consist of all remaining papers not included in Part-A.
Separate index for each part of the decided cases
After the decision of the case the Ahlmad should separate the papers and arrange them into two or three
parts (Part A, Part A1 Part B) and for each part there shall be a separate index. The index on part A will
show all the papers which were originally on the record, while those in Part A1 and Part B will show only
those papers which were transferred to those parts. When any paper is transferred to part A1 and B an
entry shall be made in remarks column of Part A showing the part to which the paper has been
transferred. The Ahlmad shall also enter in red ink the words “ Not to be destroyed” in the remarks column
of the index of Part A of the record against any paper which is to be preserved under Rule 17, Part F
Volume IV. The certificate at the foot of the index will be signed and shall then be consigned to the
Record Room. While consigning the files a challan shall be prepared in triplicate in proforma given in
Volume IV, Chapter 16, Part A of High Court Rules and Orders.
On receipt of the case in the Record Room, the Record Keeper will examine the index and check the
entries in column 1,2 and 6 with the papers and stamps in the record. He will then, if the record is
complete, sign the certificate to this effect at the foot of the index and enter the case in its appropriate
register, if any paper, court fee or stamp are missing he will at once bring the deficiency to notice.
Civil and Criminal Courts Ahlmads while sending the record to the Record Room shall comply with the
following instructions:
(I) Before consigning the decided file to the Record Room the Ahlmad shall detach all the
summoned files from the decided case and send it to the court/quarter concerned from where it
was summoned during trial. A note should be given in Civil Suit Register as well as in the index of
the decided case.
(ii) The Ahlmad shall also ensure that all the documents produced by the parties during trial are fully
secure and are put in proper envelopes before consigning the files in the record room.
(iii) Each page (not sheet) of the file will be consecutively page marked.
(iv) The file will be indexed and signed by the custodian.
(v) Ahlmad will see that no order is left unsigned by the Presiding officer and get the formalities
completed.
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(vi) Every exhibited/marked document will be got signed from the judge and will bear the stamp of
the court.
(vii) Every exhibited document will be folded as nearly as possible to the same size.
(viii) If any document has been returned to any party, it will be noted in the index itself.
(ix) If a document, used in evidence, has been returned, whether a copy thereof has been
substituted or not lastly.
(x) Every stamp will be punched.
(xi) The Ahlmad will prepare a challan of decided cases in triplicate as stated above and will
consign the files alongwith challan in the record room. The Record Keeper, after receiving
the files, will sign one of the challan and return the same to the Ahlmad concerned
immediately and one copy of challan will be returned later after entry of goshwara rdnumber with date against each record and signature in full of the Record Room Clerk. The 3
copy of challan shall be kept by the Record Room Clerk.
(xii) The files received from the lower courts will be entered in General Register by the Record Keeper
and every serial number of the file shall be the Goshwara Number of that file.
(xiii) After allotment of goshwara number, the relevant file shall be placed in the Basta maintained for
each revenue village and block and then again a particular number will be given to the file and
will be entered in the General Register also.
(xiv) The goshwara numbers given in the challan will be entered in the Court Register by the Ahlmad
and the Ahlmad will, on the first working day in the months of February, May, August and
November, get the same checked from the Presiding Officer of the Court in order to see that
entries are correctly made in the Court Registers and will get the signatures of the Presiding
Officer in token of their check.
The file of every decided case should be consigned to the Record Room within a period of 15 days from
the final order passed thereon and that in case of default, explanation for the delay, duly signed by the
Presiding Officer will accompany the record.
The inspection of decided cases record is open to the inspection of the public subject to the general
control of the Head of office. The application for inspection of record shall be made in writing and a fee of
2 rupees court fee stamp shall be affixed thereon. A separate application shall be made and a separate
fee paid for each record, which is desired to be inspected
In order to trace particulars of a suit or document, counsel may, with the previous permission in writing of
the Presiding officer of the Court concerned and in the presence of a court official, inspect the civil and
criminal registers of the court, on behalf of parties, free of charge.
On receipt of the case in the Record Room the Record Keeper will examine the index and check the
entries in column 1,2 & 6 with the papers and stamps in the record. He will then, if the record is complete,
sign the certificate to that effect at the foot of index and enter the case in the appropriate registers
prescribed in High Court Rules and Orders Volume 6, Part B, IV and Part A IV.
Transmission of judicial record
When record is sent from office to another, a list of the records sent will be prepared in duplicate and sent
with the file. This will be in addition to regular index of paper attached to the record. On receipt of the
record, the official receiving the same shall check the same and if the file is complete he will note the date
of receipt of record.
Requisition of record by High Court and other Courts
A separate register should be maintained in the Record Room to transmit the record to High Court. The
requisition received from High Court as well as copy of docket shall be kept in the record room. When the
file is received back from High Court, the requisition already lying in the record room should be attached
with the concerned file. It should be ensured that a copy of the order of judgment passed by the High
Court is also received along with the file.
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A separate dispatch register regarding the requisition of lower court's files received from the District Courts
and other courts should be maintained and the same procedure should be adopted on receipt of the file
which has been stated above regarding files received from High Court.
When the files are requisitioned by the Copying Branch a ruqua should be prepared and sent along with
the file to the copying branch and a note should be kept in the record regarding sending of the file and as
and when the file is received back from the copying branch the same should be properly placed.
Every endeavour should be made to avoid it being damaged from pests and other natural factors e.g.
during rainy seasons. Some times due to the leakage of Record Room buildings the files/record get
damaged and a proper attention should be given that the roofs are got repaired. Some times files also
remain loose from the bundles/bastas in the shapes of heaps and are not put in proper places, which
should be avoided, and the files should be placed in the Bastas immediately to avoid the wastage of time
and energy of the officials and apprehension of their loss.
Preservation & destruction of records and register
All judicial records and registers, which, under the rules, become liable for destruction, shall be destroyed
as soon as the period for their retention has expired. The reckoning of period is defined in High Court Rules
and Order Volume 4, Chapter 16,Part E, Rule 15. The destruction of such records and registers shall be
carried out under the supervision of Record Keeper and shall be effected by tearing, care being taken
that all court fee stamps have been duly cancelled. A note shall be given in the index of the files that as
to which of the papers have been destroyed. A separate record should be maintained with regard to the
destruction of the registers. The papers shall then be sent to the nearest paper making jail after
ascertaining from the jail concerned whether it does require the waste papers. If reply of the jail is in
negative the papers should be sold in the open market and the sale proceeds be deposited in the
Treasury.
Some records are to be preserved in perpetuity and some records are to be preserved for different
periods. The nature of the record to be preserved and the period of their preservation is mentioned in High
Court Rules and Order Vol. 4 Chapter 16 Part E and at the time of destruction of the record, the rules
should be gone through thoroughly by the Record Keeper and the Record Clerks to be deployed for this
purpose.
The period prescribed above shall be taken to run from the date of final order of the court of first instance,
or, in the event of appeal, from the decision of the appeal.
In cases under Chapter XXXVI of the Cr.PC, in which maintenance is awarded, the period shall be taken
to run from the date of last order passed for the enforcement of the award.
Some record is to be preserved in perpetuity. The nature of the record to be preserved and the period of
their preservation are as under:
The following table will show the period of records and registers to be preserved and also the period of
their destruction:
Records to be preserved in perpetuity
Part A of all suits and appeals.
1. Records of attachment, sale and delivery of immovable property in execution of decree,
including all objections, proceedings and orders thereon.
2. Part A of proceedings under the Indian Succession Act.
3. Part-A of the proceedings under Indian Divorce Act.
4. Record relating to the disposal of immovable property forfeited to Govt. under Section 62 IPC.
5. Solvency Proceedings.
6. Correspondence with other offices on matters connected with the administration of justice. The
Heads of offices may, with the previous sanction of the District Judge order the destruction after 3
years of any correspondence.
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7. Part –A of the Indian Lunacy Act.
8. Part- A of the proceedings under the Indian Companies Act.
Records to be preserved for 60 years
Part–A of proceedings under Section 1 and 8 of Regulation XVII of 1806 are to be preserved for 60 years
and thereafter shall be destroyed.
Records to be preserved for 50 years
The following records shall be preserved for 50 years and shall thereafter be destroyed:
1. Part –A of proceedings under the Guardians and Wards Act, under Act XL of 1858 and IX of 1861,
other than those in which the petitions have been rejected.
2. Records of Solvency proceedings. The period of 50 years shall be reckoned from the date of the
order of adjudication.
3. Part A of the cases relating to any of the offences specified in Section 44 of Cr. P.C.
4. Part A of criminal cases in which the offence is punishable with death, and it is not known as to who
the offender is.
5. Part A of criminal cases in which a lunatic is concerned, unless the lunatics have been
subsequently tried or have died.
Record to be preserved for 20 years
The following records shall be preserved for 20 years and thereafter shall be destroyed:
1. Copies of Civil, Revenue and Municipal Record received by the court during the trial as evidence
between the parties.
2. The charge, findings and sentence cases in which conviction has been of an offence for which
enhance punishment is provided on a second or subsequent punishment.
3. Part- A of cases in which any public servant had been tried whatever may have been the result of
the case.
4. Part- A of Civil Suits and Appeals other than suits and appeals the records of which is to be
preserved in perpetuity where one of the parties is a minor.
5. Part A of criminal cases relating to any offences other than those specified in Section 44 of Cr.PC.
Record to be preserved for 12 years
The following records shall be preserved for 12 years and shall thereafter be destroyed unless their
preservation for a longer period is necessary on the special grounds noted below:
1. Part A of Sessions cases provided that if the sentence had not been fully executed, the record
shall be preserved until the return of the warrants and thereafter be destroyed.
2. Part- A of cases under chapter XXXVI of the Cr.PC in which maintenance is awarded.
3. Insolvency proceedings under the Provincial Insolvency Acts where immovable property is
involved.
4. Part –A of proceedings under the Guardians and Wards Act. and under Acts XL of 1858 and IX of
1861 in which the petitions have been rejected.
Records to be preserved for 6 years
The following record shall be preserved for 6 years and shall thereafter be destroyed unless their
preservation for a longer period is necessary on any of the special grounds noted below:
1. Part-A of all civil suits and appeals other than suits and appeals the record of which is to be
preserved in perpetuity provided that, if the decree has not been fully executed or become
incapable of further execution
2. Part –A of the cases tried by the Magistrates under Section 30 Cr.PC.
3. Records realization of fines in criminal courts.
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Records to be preserved for 3 years
The following record shall be preserved for 3 years and shall thereafter be destroyed unless their
preservation for a longer period is necessary on any of the special grounds noted below:
1. Insolvency proceedings under the Provincial Insolvency Acts where no immovable property is
involved.
2. Records of criminal cases tried by Magistrates and not otherwise provided for in these rules.
3. Part- A of appeals from orders passed by the Magistrates.
4. All correspondence between District Judge and Subordinate Courts and other records, periodical
statements, proceedings, applications etc., not expressly provided in the rules; provided that, in
respect of records falling under this clause, heads of offices must exercise their discretion in
preserving reports, returns and proceeding likely to be useful in future, as containing the results of
inquiries or other information or the options of experienced officers on matters connected with the
general administration of justice.
Records to be preserved for 1 year
The following record shall be preserved for 1 year and shall thereafter be destroyed unless their
preservation for a longer period is necessary on any of the special grounds noted below:
1. Part-B of civil and criminal cases and appeals. The papers relating to deposits and payments
thereof shall be separated and preserved until such time as the accounts of deposits and
repayments concerned have been audited and finally settled and that part -B of civil cases and st ndcivil appeals in which 1 or 2 appeal lies to the High Court, shall not be destroyed until the period of
limitation for instituting such an appeal has expired or until the appeal, if instituted, is decided by
the High Court.
2. Proceedings of other courts and officers, forwarding notices, proclamations, calling for records
etc.
Period for consignment of registers
All the Civil and Criminal registers shall be consigned to the record room, after their completion and are to
be preserved for the period mentioned against each in the table given below. The relevant registers are
not to be consigned to the record room immediately on their completion but the same are to be kept in
the court after the expiry of the period.
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Register No.
Particulars of registers Consignment period after
Preservation period.
I Register of Civil Suits 6 years Till perpetuity
II Register of Misc. suits cognizable only by a principal court of original jurisdiction
-do- -do-
III Register of matrimonial cases -do- -do-
IV Register of cases under the Land Acquisition Act
-do- -do-
VI Register of Misc. Petitions and applications -do- -do-
VII Register of application to sue and appeal as a pauper
-do- 3 years
X Register of execution of decrees -do- Till Perpetuity
XI Register of Misc. petitions in execution proceedings
-do- 20 years
The following Civil Registers shall be consigned to the Record Room after one year of their completion.
When the register is fully exhausted & complete, the name of the Peons still in service or the Petition Writers
holding license should be copied into a new Register and the old Register be destroyed.
Criminal Registers:
The following Criminal Registers shall be consigned the Record Room three(3) years after their
completion:
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XII Register of applications for review in suits and appeal and for amendment of decrees
-do- 3 years
XIII Register of appeals from decrees -do- 20 years
XIV Registers of Misc. appeals -do- 12 years
XV Register of deposits and refunds of commission on sale proceeds in execution proceedings.
3 years 6 years
XXVI Register relating to the property of minors and annual accounts of their estates
-do- 50 years
Note: When Civil Register No. XXVI is sent to the record room entry relating to properties of
minors (not accounts) in cases still pending, should copied in the new register
XXIX Diary register for Process Servers 3 years 3 years
V R e g i s t e r o f P r o b a t e s , l e t t e r s o f Administration and Succession Certificates
1 Year Till Perpetuity
VIII Register of rejected and returned plaints and memorandum of appeals
-do- 3 years
IX Register of date fixed for trial of original suits, appeals and execution of decrees.
1 year 3 years
XVIII Register of stamp deficiencies to be maintained by courts and Officers.
1 year 6 years.
XIX Register of Commissions 1 year 6 years
XX* Register of Process Servers 1 year 3 years
XXI Register of Warrants executed by Bailiffs 1 Year 3 years
XXII Registers of Process Servers 1 Year 3 years
XXIII Registers of Process Served by Process Servers
1 year 3 years
XXIX Register of documents returned 1 year Till perpetuity
VI Register showing the number of offences reported and brought to trial and of persons discharged, acquitted or convicted.
3 Years 3 years
The following Criminal Registers shall be consigned to the Record Room two (2) years of their completion.
Columns 7 to 14 should be filled by the Magistrate himself /herself in his/her own hand.
No register should ordinarily be retained in all courts after the period prescribed for its consignment to the
Record Room. If the Presiding Officer of court wishes to retain any register for a longer period, he should
record his reasons for doing so in writing and communicate them to the Record Keeper concerned.
Destruction of personal files of officers, ministerial and menial servants
(a) who die while in service shall be preserved for three years after their death and then
destroyed, provided there are no outstanding claims on the part of their heirs; and
(b) who have retired, shall be preserved until their death and then destroyed, provided that no
file shall be destroyed before three years from date of retirement when death occurs within
three years of retirement.
Destruction of vouchers relating to contingencies
Vouchers relating to contingencies will be preserved for 3 years and destroyed 1 year after the removal
of audit objections, if any.
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VII Register of Sessions Trials. -do- Till perpetuity
IX Register of complaints against or inquiries into conduct of the servants of the Government.
-do- 50 Years
X Register of appeals and revisions in Criminal cases.
-do- 20 Years
XVIII Register of Road and Diet money of witnesses.
-do- 6 Years
I Register of cognizable land non-cognizable offences instituted u/s 157 or 173 Cr.P.C
2 Years 12 Years
II Register of Cases under IPC 2 Years 20 Years
III Register of cases under Local & Special Laws & under Cr.PC
2 Years 12 Years
IV Register of Misc. Cr. Cases 2 Years -do-
V Register of cases decided in each court. 2 Years 3 Years
XI Register of dates fixed for trial of Cr. Cases. -do- -do-
XVII Register of Summary trials. -do- -do-
XIV Register of Judicial fines Yearly 12 Years
XVI Record Keeper's General Register of decided cases.
– Perpetuity
XVII Register of Summary trials. 1 Years 3 Years
XXII Register of bail applications. 1 Years 3 Years
SHERIFF'S PETTY & CCD ACCOUNTS REGISTERS AND FORMS
Registers of Sheriff's Petty Account shall be preserved and destroyed as under:
66
New No of form
Heading Old No. Heading Period for which it is proposed to preserve the
register
1. Register of Receipts Register-A Register of Receipts Permanently
2. Register of DisbursementsLocal & Special Laws & under CrPC
Register-B Showing payments 12 Years
3. Cash Book Register -C Showing receipts and disbursements and cash balance.
Permanently
4. Treasury Pass Book - - Permanently
5. Receipt form Form- G Receipt book 6 years from the date of last entry in the cash book.
6. Register of processes including warrants etc.
Register-D Register of processes and warrants etc.
3 years from the date of its last ent ry but as per conditions mentioned in Form No. 8
7. Note book of process server
Form-H Note book of Process Servers.
as against form No.6
8. Payment order formGeneral Register of decided cases.
Form -J Court payment order. One year from the date of last audit. If at the last audit any objection was raised in c o n n e c t i o n w i t h a n y document or record they should be retained until the next audit and should not be destroyed until one year has lapsed since the removal of the objection originally raised.
9. Challan form Form -J
Form K
Form L
a) Memo to accompany remittance of surplus money to the Treasury
b) Of monthly balance to the treasury
c) Consolidated memo or remittance to the treasury
6 Years
10. Check form - - 3 Years
So long as an objection is outstanding and the accounts have not been completely checked and
accepted in audit, the documents should not be destroyed even though the period of preservation may
have expired.
As and when the process of weeding out of record is taken, it must be ensured that the Record Keeper and Record Clerk carrying out the business go through the High Court Rules and Orders Volume 4, Chapter 16, Part-E
67
11. Statement of lapsed deposits (Form 29 Civil Account Code Vol. 2)
- - Permanently
12. Voucher for refund of lapsed deposits Form No. 30 CAC Vol. 1
- - 3 Years
13. Stock book of Forms, of Receipt books and Cheque BooksDisbursementsLocal & Special Laws & under CrPC
Form -M Stock book of forms As against form No. 8
The instructions in this connection are contained in the Rules and order of Punjab and Haryana High Court
Vol. 3. These instructions are several decades old. Drastical changes have been made by the Code of stCriminal Procedure, 1973 (Act No. 2 of 1974) and enforced w.e.f. 21 of January 1974 as amended from
time to time. With the coming into force of this Act most of the instructions contained in the High Court
Rules and Orders have become obsolete. Therefore, the court staff shall have to be careful while
observing the formalities required under the Cr.P.C.
Courts and their powers: Under the new Code of Criminal Procedure the following classes of Criminal
Courts have been constituted and the powers of each court have been mentioned against each court
as under:
68
PRACTICE AND PROCEDURE IN
THE TRIAL OF CRIMINAL CASES
30
Name of Court Powers
Courts of Session Any sentence authorized by law but any sentence of death shall be subject to confirmation by Hon'ble High Court.Additional Sessions Judges
Assistant Sessions Judges Sentence not exceeding 10 years imprisonment. Fine unlimited.
Chief Judicial Magistrates Sentence not exceeding 7 years imprisonment. Fine unlimited.
Additional Chief Judicial Magistrates
Sub Divisional Judicial Magistrates Sentence for a term not exceeding 3 years and/or fine upto 10,000/- or both.
stJudicial Magistrate 1 Class
ndJudicial Magistrate 2 Class Sentence for a term not exceeding 1 year and/or fine upto 5,000/- or both.
Special Judicial Magistrates High Court may confer all or any of the powers of JMIC/JMIIC in respect of particular cases or to particular class of cases for which he is appointed.
Note: All the Judicial Magistrates in the Sessions Division shall be subordinate to the CJM. He will be the head of the Magistracy.
st ndUnder Section 190 Cr.PC any Magistrate of 1 Class and any Magistrate of 2 Class, specially empowered
in this behalf under Sub Section 2, may take cognizance of any offence:
(i) upon receiving a complaint of facts which constitute such offence;
(ii) upon a police report of such facts;
(iii) upon information received from any person other than a police officer or upon his own
knowledge, that such offence has been committed.
ndUnder Sub Section (2) of Section 190 of the Code ibid, the CJM may empower any Magistrate of 2 Class
to take cognizance under Sub Section (1)of such offences as are within his competence to enquire into
and try.
Complaints, How to be dealt with
Complaints of the offences, made in writing, are to be received on all working days during court hours.
On receipt of the complaint, the Magistrate shall examine, on the same day on oath, the complainant
and the witnesses produced by him.
Provided that Magistrate need not make the examination of the complainant and the witnesses-
(a) if a public servant, acting or purporting to act in the discharge of his official duties or the court has
made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial or to another Magistrate under Section
192 CrPC.
When process to be issued against accused: If after recording preliminary evidence of the complainant,
the Magistrate finds that there are sufficient grounds for proceeding against the accused person/s and
the case appears to be
(a) a summons case, he shall issue summons for the attendance of the accused; or
(b) a warrant case, he may issue a warrant or if he thinks fit, a summons for causing the accused to
be brought or to appear at a certain time before such Magistrate.
No summons or warrant shall, however, be issued against the accused until a list of prosecution witnesses
has been filed. Every summons or warrant shall be accompanied by a copy of the complaint. Further, no
process shall be issued until the prescribed process fee of Rs. 50/- or so fixed by the authority is paid. The
Ahlmad shall issue the summons and warrants in the prescribed Form 1, 2 and 4 as given in Part B-1 of
Volume 6 of Rules and orders of Punjab and Haryana. High Court.
Police Report: How to be dealt with:
After completion of the investigation, the police presents a report to the Court (usually called Challan)
under Section 173 Cr.PC and upon this report Magistrate can take cognizance under Clause (b) of
Section 190 Cr.PC. When the police challan is presented the Magistrates orders the Ahlmad to check up
the documents and report. The Ahlmad will examine that there are copies of police report equal to the
number of accused persons and he will also report that all the documents/statements, mentioned in the
police report under Section 173 Cr.PC are enclosed with the police report. The Ahlmad will also place on
the court file, FIR received in the court from the Police Station by the Ilaqa Magistrate on which the
Magistrate has recorded the date and time of its receipt, immediately after registration of the case. The
69
COGNIZANCE OF OFFENCE
BY MAGISTRATES
31
Ahlmad shall place on the court file all the remand papers, bail applications, bail orders received from
the superior courts, surety bonds furnished and executed by the accused persons, sapurdari bonds etc. in
the case for the release of any case property during the pendency of the trial. The Ahlmad shall make a
report after doing the needful and will submit the file to the Court and will not hand over the file after
checking to the police officer presenting the challan in the court. Under the orders of the court the
Ahlmad will, thereafter enter the police challan in the appropriate register kept in the proforma given in
part B-IV of High Court Rules and orders Volume -6 and mention the registration number on the challan.
The Magistrate shall get the copies of the police report and other documents relied upon by the police
delivered to the accused person/s. Thereafter the Magistrate shall proceed with trial of the case in
accordance with the prescribed procedure.
70
When summons or warrants should be issued
When a Magistrate takes cognizance of an offence ordinarily summons are issued in summons case and
in the case of warrants case the Magistrate has the discretion either to issue summons or warrants. Where
the court passes orders for issuing the process, the Ahlmad shall prepare the summons/warrants, as per ndorders of the court, in the prescribed proforma i.e. Form No.1 in the 2 Schedule for summons and Form
No.2 for warrants of arrest or bailable warrants. The process shall be in writing, in duplicate, signed by the
Presiding Officer of such court or by such other officer as the High Court may, from time to time, by rule
direct and shall bear the seal of the court.
The summons shall be sent to the Process Serving Agency and the warrants shall be issued to the police for
execution of the process. Every such warrant remain in force until the court, which issued it, cancels it or
until it is executed. The Ahlmad shall make an entry in the dispatch register and hand over the process to
the Process Serving Agency or the Naib Court as the case may after obtaining the signatures in token of
their receipt for their execution. Similarly, when the process is received back after compliance or any
report, the Ahlmad shall place it on the relevant case file and make a report about the compliance/non
compliance on the left side of the Zimni order at least one day before the date fixed for hearing of the
case. A great care should be taken by the court that a warrant should not be issued where summons can
serve the purpose for securing presence of the accused person.
Warrants forwarded for execution outside jurisdiction
When a warrant is to be executed outside the local jurisdiction of the court such court may instead of
directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to the
Magistrate of that area within the local limits of whose jurisdiction it is to be executed. The court issuing the
warrant shall forward alongwith the warrant the substance of the complaint/FIR against the accused
person as may be sufficient to enable that court whether the bail should or should not be granted to the
accused person under section 81 of CrPC.
Proclamation for person absconding
Where a warrant of arrest has been issued time and again and from a report on the warrant the court has
reasons to believe (whether after taking evidence or not) that the person against whom a warrant has
been issued, has absconded or concealing his presence so that warrants cannot be executed, the court
may publish a written proclamation under Section 82 Cr.PC requiring him to appear at specific place and
time within 30 days from the date of publication of such publication. The proclamation shall be prepared ndby the Ahlmad in Form No.4 of 2 Schedule of Cr.PC. The proclamation shall be sent for publication as
follows:
(a) it shall be publicly read in some conspicuous place of the town or village in which such persons
ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house on homestead in which such person
ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the court-house.
Where proclamation has been published as above and the accused fails to appear within 30 days from
the date of publication the court may, after recording statement of the Police Officer who has made
71
PROCESS FOR APPEARANCE
OF ACCUSED PERSONS
32
compliance, pronounce him as a proclaimed offender and make a declaration to that effect.
Attachment of property of person absconding
Where an offender has been declared as a proclaimed offender the court may order the attachment of
any property movable or immovable or both belonging to the proclaimed offender to secure his
presence in accordance with the provisions contained in Section 83 of the Cr.PC.The order for
attachment shall be prepared by Ahlmad in form No. 6 of the schedule stated above. If the proclaimed
person appears within the time specified in the proclamation, the court shall make an order releasing the
property from the order otherwise the court may take further action under Section 85 Cr.PC for sale of the
attached property.
Trial of accused persons
When the accused appears the court shall make trial in accordance with the procedure laid down for
the trial of summons cases and warrant cases as the case may be as well as the procedure for the trial of
complaint cases.
Summons of prosecution witnesses
When the charge has been framed against the accused person and prosecution has been directed to
produce his evidence on a given date, the Ahlmad shall prepare the summon of witnesses in the
prescribed proforma, in duplicate, bearing form no.33 as required by section 61 and 244 of the Cr.PC for
each witness which shall be signed by the court authorized person and bear the name and seal of the
court. The entire summons shall be entered by the Ahlmad in the dispatch register and handed over to
Naib Court after obtaining his receipt who will, thereafter send it to the police station concerned for
service of the summons. The Naib Court shall ensure that the police returns the summons at least 2 days
before the date fixed for trial. The Ahlmad shall place the summons on the case file and make a report on
the zimini order sheet of the case file regarding service or non-service of the summons.
Cases exclusively by Sessions Court
If any case is exclusively triable by the court of Session, the court shall commit the case to the court of
Session and direct the accused person to appear/to be produced in the said court and it shall be ensured
that the copies of the police report and other documents relied upon by the prosecution are got supplied
to the accused free of cost. After commitment of the case, the Ahlmad shall, in such cases, immediately
complete the index of the case file and prepare the calendar of commitment in the proforma as
contained in High Court Rules and Orders Vol. 3 Chapter 24 Part- A and submit the file to the court of
Sessions well before the date fixed by the court, for further proceedings. Ahlmad shall also send intimation
to the Public Prosecutor regarding the commitment of the case.
Summary Trial
stSection 260 empowers the Chief Judicial Magistrate and any Magistrate of 1 class specially empowered
in this behalf by the High Court may, if it thinks fit, try in a summary way all or any of the offences mentioned
in section 207 Cr.PC or any other offence triable in a summary way provided in any other law for the time
being in force.
Register for summary cases
There is a Summary Clerk provided in each court of Magistrate. It is the duty of the said Clerk that as soon
as a summary case is received in the court it should be entered in the relevant summary register
maintained in the relevant proforma of the High Court Rules and Order Part B (Register No. XI and XIII). It is
a wrong practice that the summary cases are registered in the relevant register only when the accused
appears in the court, with the result that a large number of cases escape the notice of the court which
should be avoided. The Clerk concerned should prepare a statement every month showing the actual
number of summary cases received in the court, the number of cases actually disposed and the number
of such pending cases at the end of the month and send the same to the quarter concerned.
72
Receipt of fine
The Reader shall prepare a fine receipt regarding the payment of fine made by the offenders, get it
signed from the court and give it to the offender which is to be issued in the receipt book maintained in
the prescribed proforma. He will also make entry of the amount so received in the fine register No. VIII and
IX of Vol; 6, Part B-IV of High Court Rules and Orders. At the end of the day the total amount of fine
received shall be handed over by the Court Reader to the Nazir after obtaining his receipt who will
deposit the same in the Treasury/Bank and send copy of the challan to the Reader of the Court
concerned for making entry in the relevant register of fine and get it attested from the court.
73
A large number of cases in respect of challans made by the police on the violation of traffic rules by the
general public are received in the court every day from various police stations/traffic police. It is very
essential to keep a proper and complete record of all the traffic challan cases received and disposed of
by respective courts.
In order to keep a proper check over all such cases, while presenting the traffic challan cases in the court
the police official concerned shall bring a list in duplicate of all such cases along with the challans. He will
present this list to the Ilaqa Magistrate who will pass orders for delivering it to the Ahlmad. The Ahlmad shall
receive the challans,make an entry in register No. 13 –Register of Traffic Cases as given in Volume 6 , Part
B-IV of the High Court Rules and orders. He will enter the serial number on the list against each case and
return the list to the police official with his signatures. In no case Ahlmad or Reader shall receive the traffic
challan without the orders of the Magistrate concerned and if any challan is found lying with the Ahlmad
or Reader which has not been entered in the traffic challan register, the matter shall be reported by the
concerned Magistrate to the District and Sessions Judge for taking action against defaulting official. The
Magistrate shall also make surprise checks to see that Ahlmads are not keeping such cases with them
without entering the same in the Traffic Challan cases register. Now the computers have been provided in
almost all the courts. Therefore, it is desirable that all the traffic challans received in the court are entered
in the computer and proper account of such challans is maintained. These challans shall be put up to the
Magistrate on the date fixed in the challan by the police for disposal of such cases in summary manner
and if the offender does not appear in the court on the date fixed, the Magistrate shall pass order for
procuring his presence through warrants or summons , as the case may be. All the zimni orders on each
challan should be complete. No file shall be retained by the Ahlmaad or the Reader without the orders of
the Court. The cases which have been disposed off shall be consigned to the record room and in other
cases where the whereabouts of the accused are not known or where he cannot be found or served for
a number of times, such cases should be consigned to record in accordance with the instructions issued
by the Hon'ble High Court from time to time.
74
TRAFFIC POLICE CHALLAN CASES
33
It has been often observed that cancellation/ untraced reports are brought by the Naib Court from the
police stations and either he keeps it with himself or he hands it over to the Ahlmad who never enters the
same in the relevant register nor he produces the same to the Magistrate for orders for a long time. The
effected persons continue to be harassed by them. In order to check this mal practice it is necessary that
whenever any cancellation/untraced report is brought by Naib Court from the police station he will
submit the same in the court through APP on the same day on which he brings it from the police station.
The Naib Court/ Ahlmad concerned shall be responsible for any inaction on their part. All the
cancellation/untraced reports shall be entered in the register kept for this purpose and a note shall be
given against each entry regarding the orders passed by the court. As soon as order allowing the
cancellation/untraced report is passed by the court, the file shall immediately be dispatched by the
Ahlmad to the SSP/SHO/quarter concerned as per directions of the court and it shall be sent after making
an entry in the dispatch register and handed over to the Naib Court against proper receipt for delivery to
the quarter concerned. The Naib Court will bring a receipt from the quarter concerned for his having
delivered the file to the quarter concerned and the same shall be placed on record by Ahlmad. In some
cases when the cancellation/untraced report is received from the police, the court is required to issue
notice to the complainant before any order is passed regarding cancellation or allowing to be
consigned as untraced. In all such cases, the record shall not be consigned till the proceedings are
finalized by the court and shall be entered in the cause list on the date of hearing and on each date the
proceedings shall be recorded on the file and action shall be taken by the Ahlmad in accordance with
the order passed by the court
Consigning of record
After the pronouncement of the order, the case file shall be consigned to the record room in accordance
with the rules and the instructions mentioned above.
75
CANCELLATION/UNTRACED REPORTS
RECEIVED FROM THE POLICE
34
When an accused person is acquitted by the Trial Court and the State files an appeal against the
acquittal in the Hon'ble High Court and the Hon'ble High Court admits the appeal for hearing, then the
court passes an order that the accused be re-arrested and produced before the Chief Judicial
Magistrate and the CJM is directed to release the accused on bail and directs him to appear in the High
Court. The Ahlmad concerned shall issue the warrants of arrest in case and send it to the police station
concerned for its execution. After execution of warrant, when the accused is produced before the CJM
court he is directed by the court to furnish personal bond with surety for a specific amount for appearing in
the Hon'ble High Court during hearing of the above case. Similar action is to be taken under the
directions of Hon'ble High Court when the convict files an appeal. If the accused is not present in the High
Court during hearing of the appeal and the accused is convicted dismissing the appeal, then the court
orders for the re-arrest of the accused and to undergo the sentence imposed upon him. When copy of
such an order is received by the CJM he will issue re-arrest warrant and when accused is produced in the
court, he will send the convict to Jail for undergoing sentence of imprisonment awarded to him/them.
The Clerk concerned shall maintain proper record in each case and he will issue the processes time and
again till the execution of the warrants. The Hon'ble High Court shall be also informed about the action
taken on each adjournment. The bail bonds and surety bonds executed by the convict before the CJM
shall be forwarded to the High Court for being placed on record of the file. The correspondence and
processes shall be attached with the judicial file concerned after compliance/consigned to the Record
Room.
76
PROCEDURE REGARDING
RE-ARREST CASES OF APPEALS
IN HIGH COURT
35
The law and procedure relating to appeals in criminal cases is contained in Section 372 to 394 of Cr.PC.
The procedure as given in Rules and orders of Punjab and Haryana High Court Volume 3 has become
obsolete in many respects in view of the new Code of Criminal Procedure 1973 (Act No. 2 of 1974) made stapplicable w.e.f.21 January,1974. This Act has further been amended from time to time by various
amendment Acts up to date. Notice of amendments made and enforced up to 2009 has been taken.
Appeal when can be filed
Appeals from the judgments/orders of the criminal courts can be filed only if it is so provided in the Code
or by any other law for the time being in force. Section 375 and 376 of the Code ibid enumerate the cases
when no appeal lies.
Persons competent to file an appeal against conviction and sentence
A petition of appeal against a judgment or order passed by a criminal court convicting a person, be filed
either by the convicted person himself or by some person authorized by duly executed power of attorney.
A person who is confined to jail shall submit his appeal from conviction through Superintendent of Jail and
the Jail Supdt. shall also make arrangement for providing an Advocate for him from the State Legal
Services Authority free of cost. A petition received by post shall not be entertained and the court may
order its filing. No court fee is to be charged on an appeal preferred on behalf of a prisoner.
The State/Central Govt. may, in any case of conviction on a trial held by any court, other than High Court,
direct the Public Prosecutor to file an appeal on the ground of its inadequacy of sentence:
(a) to the Court of Session , if the sentence is passed by a Magistrate; and
(b) to the High Court if the sentence is passed by any other court.
Appeals from conviction
(a) Any person convicted by a Court of Session or Court of Additional Sessions Judge, in which a
sentence of imprisonment has been passed against him or against any other person convicted
at the same trial, may appeal to the High Court.
(b) Any person convicted and sentenced by any Magistrate may appeal to the Court of Session
within 30 days of the date of order.
(c) When any appeal has been filed in the Court of Session it is to be scrutinized by the office
Superintendent and he has to ensure that the appeal filed is within the period of limitation and
has been filed by the competent person and all other formalities have been observed. If there is
any deficiency he shall immediately point it out to the person filing the appeal to make
compliance thereof and only after the compliance it will be submitted to the Sessions Judge for
further orders for entertaining himself or for entrustment to the Additional Sessions Judges.
Appeal in case of acquittal
(a) The District Magistrate may order the PP to file an appeal to the Court of Session from an order of
acquittal passed by a Magistrate in respect of cognizable and non-bailable offence.
(b) To the High Court if the order of acquittal has been passed by the Court of Session or by any court
other than High Court.
(c) If an order of acquittal is passed by a Magistrate or by a Court of Session, the complainant may
file an appeal with the leave of the court to the Hon'ble High Court.
77
APPEALS IN CRIMINAL CASES36
(d) The special leave to appeal in the High Court from an order of acquittal is to be filed by the
complainant within 60 days and if the appeal is filed by the Govt. the period will be 6 months.
Procedure for filing an appeal
Every appeal is to be prepared in the form of a memorandum, which should be filed by the appellant or
by his pleader and shall be accompanied by a copy of judgment and order of sentence appealed
against. When more person than one are convicted in one trial and an appealable judgment or order
has been passed in respect of any such person, all or any of the persons convicted on such trial shall have
a right of appeal.
Suspension of Sentence pending appeal, release of appellant on bail
Where an appeal has been admitted for hearing the Appellate Court may ,for reasons to be recorded in
writing, order that the execution of the sentence or the order appealed against be suspended and that
he be released on bail or on his own bond on the execution of bail/surety bond executed in the same
court or in the trial court. On the execution of the bond it shall be the duty of the Ahlmad to issue
immediately the release warrant of the accused, if he is in jail. There is a separate form of surety/personal
bail bond to be executed under the order of the Court. The same has to be got executed in the
prescribed form.
Procedure for hearing appeals not dismissed summarily
If the Appellate Court does not dismiss the appeal summarily and the appeal is admitted for hearing, the
Appellate Court shall give notice of time and place at which the appeal will be heard as given below:
(i) the appellant or to his pleader;
(ii) and such officer as the State Govt. may appoint in this behalf( i.e. Public Prosecutor etc).
(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint to the
complainant;
(iv) if the appeal is under Section 377 or Section 378, to the accused, and shall also furnish such
officer, complainant and accused with a copy of the grounds of appeal.
When the appeal is finally decided by the Appellate Court the Ahlmad shall make compliance of the
order of the Court i.e. Court of Session. If the appeal has been accepted and the accused is in jail, the
Ahlmad shall immediately prepare the release warrant and send immediately to the jail authority for his
release. In case the Appellate Court reduces the sentence or maintains the sentence, fresh warrants of
sentence /commitment shall be sent to the Jail for its execution. The file of the trial court shall be returned
along with a copy of judgment in appeal and the appeal file shall be consigned to the record room after
its due compliance.
78
When any accused on bail during trial of case has jumped the bail, his bail is cancelled and his personal
bond and surety bonds are forfeited to the State by the Court. The Ahlmad shall thereupon open a new
file containing the bail orders personal bond and surety bond, executed by the accused and surety,
along with orders of the court forfeiting the bail bond. The Ahlmad shall enter this file in the relevant
register and assign the file number on the said file. Thereafter the court is to call upon any person bound
by such bond i.e. the accused and the surety to pay penalty thereof or show cause why it should not be
recovered. If sufficient cause is not shown and the penalty is not paid, the court may order and proceed
to recover the same as if such penalty was a fine imposed by it under this code. When the court passes an
order for the recovery of the bail bond amount as fine, the Reader shall immediately make an entry of the
said amount recoverable as fine, in his fine Register and get it attested from the court. Thereafter the
Ahlmad shall issue process for the recovery of penalty amount as fine and continue to issue the process till
the same is recovered from the defaulters.
If the penalty is not paid and it cannot be recovered although repeated processes were issued, the
person so bound, as surety is liable to imprisonment to civil jail for a term, which may extend to 6 months
under the orders of the court, which passed orders for the recovery of penalty. As soon as it is found that
penalty has not been recovered although repeated processes were issued, the Ahlmad shall submit the
file in the court by making its entry in the cause list with the report that the penalty has not been paid and
for taking further action under Section 446(2) of Cr.PC for imprisonment of the surety.
79
37PROCEDURE WHEN BAIL BONDS
HAVE BEEN FORFEITED
(SECTION 446 CR.PC)
Following is the procedure, under High court rules and orders volume 3 Chapter 11 Part E, for custody of
the property sent in by police:
1. Kinds of property sent in by police: Property sent in by the police is usually of three kinds.
(I) Articles including (a) counterfeit coins, together with implements for their manufacture, such as
dyes, moulds etc., and (b) implements such as dyes, moulds etc. used in the forgery of currency
notes, transmitted to the Magistrate under Section 170 Cr.PC. with the police report in cases sent
up for trial.
(ii) Property seized by the police as stolen property or upon suspicion, and ordered by Magistrate,
under section 451 Cr.PC to be forwarded to headquarters.
(iii) Property taken charge of by the Police under Section 25 of the Police Act (Act-V of 1861), and
ordered by the Magistrate of the district to be forwarded to headquarters.
2. Custody and disposal of the property
(a) With regard to property referred to in Rule 1(a) above, other than articles enumerated in (a) and (b),
the Police Department will hand over the charge to the Court during the trial of case. When the case is
decided the property, if not returned to the owner, will be disposed of as directed by the Magistrate. (b)
Articles enumerated in1(i)(a) above will remain in the custody of the court pending the disposal the case.
At the end of the case and not till after the appeal or revision, if any, the court shall send them to the
Treasury together with a short description of the case and (c) Articles enumerated 1(i)(b) above,
produced in and confiscated by a Court , shall remain in the custody of the authority. The court may
make such order as it thinks fit for the proper custody of such things at the end of case and not till after the
appeal or revision, if any, the court shall make the articles over to the Police Department for their
destruction or for such other action as is may be found suitable in accordance with the rules of that
department.
3. Custody and disposal of property
Property of second kind, when sent into the headquarters will remain in the custody of the court as
provided in Section 451 Cr.PC and will be further dealt with under the provisions of this section.
4. Custody and disposal of property
Property of the third kind should, on arrival at headquarters, be made over at once to the Nazir by the
Police Department.
5. In any individual case, where the property consists of bullion, coins, currency notes, valuable securities
or jewels, and of great value say above 1,000 rupees it should instead of made over under the preceding
rules to Nazir, be made over to Treasury Officer. Coins and currency notes (other than counterfeit coins
and notes) will be treated as regular deposits under the rules in Chapter 12, Civil Account Code, Volume
1. Bullions at its estimated value in cash and securities, irrespective of its face value and jewels will be
deposited for safe custody, and an entry made not in the ordinary register, but in special register, which
should be countersigned every month. The orders of the Deputy Commissioner will first be obtained by the
police before placing bullion or jewelry etc. for safe custody at the treasury.
See also Volume IV, Chapter 10: “Forfeited and Unclaimed Property”
80
38CUSTODY OF PROPERTY
SENT IN BY POLICE
These rules apply to all persons appointed to Civil Services and posts in connection with the affairs of the
State.
1. General
Every Government employee shall at all times:
(i) maintain absolute integrity,
(ii) maintain devotion to duty;
(iii) do nothing, which is unbecoming of a Government employee.
(iv) shall act in a courteous manner and shall not adopt dilatory tactics or willfully cause delays in
disposal of the work assigned to him in official dealing with public or otherwise.
(v) act in accordance with the policies of the Govt. regarding age, marriage, preservation of
environment protection of wildlife and cultural heritage.
2. Employment of near relative of Government employee in companies or Firms
No Government employee shall use his position or influence directly or indirectly to secure employment
for any member of his family in any company or firm.
3. Taking part in politics and elections
No Government employee shall be a member of, or otherwise associate with any political party or any
organization which takes part in politics nor shall he take part or subscribe or aid, or assist in any other
manner any political movement or activity.
4. Joining of Associations by Government Employees
No Government employee shall join, or continue to be a member of, an association the objects or
activities of which are prejudicial to the interest of sovereignty and integrity of India or Public order or
morality.
5. Demonstrations and strikes
No Government employee shall:
(i) engage himself or participate in any demonstration which is prejudicial to the interest of the
sovereignty and integrity of India, the Security of State, friendly relations with foreign States,
public order, decency or morality, or which involves contempt of court, defamation or
incitement to an offence, or
(ii) resort to or in any way abet any form of strike (or coercion or physical duress) in connection with
matters pertaining to his service or the service of any other govt. employee.
6. Connection with press or radio
No Govt. employee shall except with the previous sanction of the Govt. own wholly or in part, or conduct
or participate in the editing or management of, any news paper or other periodical publication or
participate in the radio broadcast or electronic media or write a letter to news paper or periodical either
in his own name or in the name of any other person.
81
39THE GOVERNMENT EMPLOYEES
(CONDUCT) RULES, 1966
AS AMENDED UPTO DATE
7. Criticism of Govt.
No govt. employee shall, in any radio broadcast, electronic media or in any document published in his
own name or anonymously or in the name of any other person or in any communication to the press or in
any public utterance, make any statement of fact or opinion;
(I) Which has the effect of any adverse criticism or any current policy or action of the govt.
(ii) Which is capable of embarrassing the relation between the Govt. of Punjab and Govt. of India or
any other state Govt. or any foreign State.
Provided that nothing in these rules shall apply to any statement made or views expressed by a Govt.
employee in his official capacity or in due performance of his duties.
8. Evidence before committee or any other authority
No govt. employee, except with the previous sanction of the competent authority give evidence, in
connection with any inquiry conducted by any person, committee or authority.
9. Unauthorized communication of information
No Govt. employee, except in accordance with any general or special order or in performance of good
faith of his duties, communicate, directly or indirectly any official document or any part thereof or
information to any person.
10. Subscriptions
No govt. employee shall, except with the previous sanction of the competent authority, accept
contributions to, or otherwise associate himself with the raising of any funds or otherwise collection in cash
or in kind, in any pursuance of any object whatsoever.
11. Gifts
No Govt. employee shall accept or permit any member of his family to accept any gifts except from his
near relatives except on occasions, such as weddings anniversaries, funerals or religious functions, when
the making of a gift is in conformity with the prevailing religious or social practice but he shall make a
report to his head of department if the value of such gifts exceed the amount as given in rule 8 of the staforesaid rule as amended vide notification dated the 1 August, 2008.
12. Public Demonstration in honour of Govt. employees
No govt. employee shall, except with the previous sanction of the competent authority, receive any
complementary or valedictory address or accept any testimonial or attend any meeting or
entertainment held in his honour or any other govt. employee except on retirement or transfer.
13. Private trade or employment
No govt. employee shall, except with the previous sanction of the competent authority engage directly
or indirectly in any trade or business or undertake any employment. However, he may without such
sanction undertake honorary work of a social or charitable nature.
14. Investment, lending or bargaining
No govt. employee shall speculate in any stock, share or other investments.
15. Insolvency or habitual indebtedness
A Govt employee shall so manage his private affairs as to avoid habitual indebt ness or insolvency.
Employees against whom any legal proceedings are instituted for the recovery of any debt or adjudging
him as insolvent shall forthwith report the full facts of the legal proceedings to the Head of Department.
82
16. Movable, Immovable and valuable property
Every Govt. employee shall on his first appointment to any service or post submit a return of his assets and
liabilities, in the prescribed proforma regarding his immovable property, shares, debentures & Bank
balance etc. other movable property, debts and other liabilities incurred by him directly or indirectly.
17. Restrictions in relation to acquisition and disposal of immovable property outside India and
transactions with foreigners etc.
No Govt. employee shall except with the previous sanction of the competent authority acquire,
purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his
family, any immovable property, dispose of, by sale, mortgage, gift, or otherwise, or grant any lease in
respect of any immovable property which was acquired or is held by him either in his own name or in the
name of any member of his family, situated outside India or enter into any transaction with any foreigner,
foreign Govt. foreign organization or concern for the acquisition, by purchase, mortgage, lease, gift or
otherwise either in his own name or in the name of any member of his family of any immovable property
18. Vindication of acts and Character of Government Employees
No Govt. employee shall except with prior permission of the competent authority have recourse to any
court or to the press for vindication of any official act which has been the subject matter of adverse
criticism or an attack of a defamatory character.
19. Canvassing of non-official or other influence
No Govt. employee shall bring or attempt to bring any political or other influence to bear upon any
superior authority to further his interests in respect of matter pertaining to his service under the
Government.
20. Restriction regarding marriage
No Govt. employee who has a wife living shall contract another marriage without first obtaining the
permission of the Govt. not withstanding that such subsequent marriage is admissible under the personal
law for the time being
21. Consumption of intoxicating drinks and drugs
A Govt. employee shall strictly abide by any law relating to intoxicating drinks or drugs in force in any area
in which he may happen to be for the time being and not be under the influence of any intoxicating drink
or drug during the course of his duty and shall also take due care that the performance of his duty at any
time is not affected in any way by the influence of such drink or drug, shall refrain from consuming any
intoxicating drink or drug in a public place, not to appear in a public place in a state of intoxication; and
not to use any intoxicating drink or drug to excess.
22. General Order regarding Discipline
Whenever any employee is personally interested in a case to be heard by the court to which he is
attached, he must bring this fact to the notice of the Presiding Officer.
83
13.1 The rules called ”The Punjab General Provident Fund Rules) came into force on the 1st
September 1936.
13.2 (c) FAMILY MEANS;
In the case of male subscriber, the wife, or wives, and children of a subscriber, and the
widow, or widows and children of a deceased son of the subscriber.
Provided that if a subscriber proves that his wife has been judicially separated from him
or has ceased under the customary law of the community to which she belongs to be
entitled to maintenance she shall henceforth be deemed to be no longer a member of
the subscriber family in matter to which these rules, relate, unless the subscriber
subsequently indicates by express notification in writing to the Accounts Officer that she
shall continue to be so regarded:
i) In the case of a woman subscriber, the husband and children of a subscriber, and the widow or
widows and children of a deceased son of a subscriber:
Provided that if subscriber by notification in writing to the Accounts Officer expresses her desire to exclude
her husband from her family, the husband shall henceforth be deemed to be no longer a member of the
subscriber's family in matter to which these rules relate, unless the subscriber subsequently cancels
formally in writing her notification excluding him.
13.4. All temporary Government employees, after a continuous service of one year, all
re-employed pensioners (other than those eligible for admission in the contributory
provident fund) and all permanent Government Employees shall subscribe to the fund.
NOMINATIONS
13.7 (1) A subscriber shall, at the time of the joining the fund, send to the Accounts Officer, a
nomination conferring on one or more persons the right to receive the amount that may stand
to his credit in the fund, in the event of his death before that amount has become payable or
having become payable has not been paid.
Provided that if, at the time of making the nomination, the subscriber has a family the
nomination shall not be in favour of any person or persons other than the members of his family.
Note 1. Application for admission to the fund should be accompanied by nomination form completed
by the subscriber.
Note 2. A declaration made by a Muhammedan subscriber in favour of his adopted child should not
be accepted, as adoption is not recognized in Mohammedan Law.
(2) If a subscriber nominates more than one persons under clause (1), he shall specify in the
nomination the amount or share payable to each of the nominees in such manner as to cover
the whole of the amount that may stand to his credit in the fund at any time
(3) Every nomination shall be in such one of the forms P.F.I I-A, 1-B- or 1-C as is appropriate in the
circumstances.
(4) A subscriber may at any time cancel a nomination by sending a notice in writing to the
Accounts Officer.
84
GENERAL PROVIDENT FUND40
Provided that a subscriber shall along with such notice, send a fresh nomination made in
accordance with the provisions of clause (1) to (34)(This clause is directory and not
mandatory.)
(5) The second nominee in case of death of first nominee shall not be other than the family, if the
subscriber has more than two family members at the time of nomination.
A subscriber subscribes monthly to the fund except during the period of suspension.
Provided that a subscriber elects not to subscribe during any period of leave other than earned
leave of less than 30 days.
Provided further that a subscriber on reinstatement after suspension shall be allowed to pay
any sum of installments any sum not exceeding the maximum amount of arrears.
13.10 The amount of subscription shall be fixed by the subscriber himself but such sum shall not be
any sum less than 8% of his pay including dearness pay) and not more than his total pay. The
subscription can be changed twice in the year during the months of March and October.
13.13 Interest shall be credited with effect from the last day in each year at the time of final payment
the interest shall be calculated up to the preceding month that in which the payment is more
or up to the end of 6 months after the month in which such amount become payable. The
payment of interest beyond 6 months to any period may be authorized by the Head of
Department after he personally satisfies himself that the delay in payment was occasioned by
circumstances beyond the control of the subscriber and that the Administrative delay involved
in the matter be got fully investigated and action, if any, required, taken. Interest shall not be
credited to the account of Mohammedan subscriber if he informs the maintaining authority
that he does not wish to receive it, but if he subsequently asks for interest, it shall be credited
with effect from first day of the year in which he asks for it
Note 1. When the subscriber is dismissed, removed, retired prematurely or compulsorily from. service
but has appealed against the order, the balance at his credit shall not be paid over to him until
final orders confirming the decision are passed on his appeal. Interest shall however, be paid
on the balance up to the end of the month preceding that in which such order is passed.
REFUNDABLE ADVANCE 13.14 and 13.15
One can get two refundable advances in a financial year.(Instructions dated 6.9.2000). The amount of
advance should not exceed 6 months pay or ½ of the balance in the credit, the recovery shall be
decided by the sanctioning authority but should not be less than 12 unless the subscriber want to refund in
less than 12 installments and not more than 24 and in exceptional cases where amount of advance
exceeds 3 months pay up to 36 installments. If the second advance is sanctioned before repayment of
previous advance the balance shall be added to the advance so sanctioned and the installments for
recovery shall be fixed with reference to the consolidated amount
DEPOSIT LINKED INSURANCE SCHEME13.28A
On the death of the subscriber in service, the person or persons entitled to receive the amount standing to
the credit of the deceased subscriber in the fund shall also be entitled to an additional amount equal to
the average of thirty-six months balance preceding the date of death subject to maximum ten
thousands. But the deceased should have completed 5 years regular service. The amount chargeable to
the head 2235-Social Security and Welfare.
90% advance within one year from the Date of retirement
A subscriber can withdraw 90% advance within one year from the date of retirement. An undertaking is
required to be given that the amount will not be invested in any saving scheme of Government of India.
This advance is not admissible if applied within 6 months from the date of retirement.
85
NON REFUNDABLEL ADVANCES 13.29
The following non-refundable advances are admissible with the conditions attached against each.
86
Nature of advance Amount admissible Service conditions Remarks.
13.29D Purchase of plot, Construction of House, Purchase of built up house, re-payment of private loan taken for this purpose2 . R e p a i r , m a k i n g addition alteration.
¼ of the last year balance or actual expenses which ever is less.
50% of the last year balance.
10 years. -
13.29(E) Education for himself or of children actual ly dependent upon him.
th3/4 of the last year balance or actual expenses.
The service should have 20 years or within 10 years before his retirement.
The courses for which advance is admissible has been given in note 1 and 2 of rule 13.29(E) CSR Volume II.
13.29(F) Marriage of daughter.
th3/4 of the last year balance or actual expenses.
The service should have 20 years or within 10 years before his retirement.
1. If the subscriber has no daughter he can get a d v a n c e f o r t h e marriage of female r e l a t i v e a c t u a l l y dependent upon him. 2. If the two or more marriages are to be c e l e b r a t e d s imu l taneous ly the amount admissible in r e s p e c t o f e a c h m a r r i a g e w i l l b e determined as if the a d v a n c e s a r e sanctioned one after the other.3. Advance can be drawn 3 months in advance of marriage.4. Advance can be sanctioned after the date of marriage if the application was given before the marriage.
13.29(G) Marriage of sonth3/4 of the last year
balance or actual expenses.
The service should have 20 years or within 10 years before his retirement.
The conditions as shown in the case of marriage of daughter will also be applicable in this case.
Note: It is not necessary that the daughter or the son should be; actually dependent on the subscriber.
13.30 Final payment on the death of the subscriber.
On the death of al subscriber, before the amount standing to his credit has become payable or where
the amount has become payable before payment has been made:
I) When the subscriber leave a family:
(a) Of a nomination made by the subscriber in accordance with the provision of rule 13.7 in favour of
a member or members of his family subsists, the amount standing to his credit in the fund or the
part thereof, to which the nomination relates shall become payable to his nominee or nominees
in the proportion specified in the nomination.
(b) If no such nomination in favour of a member or members of the family of the subscriber subsists or
if nomination in favour of any persons other than a member or members of his family subsist,
become payable to the members of his family in equal shares.
Provided that no share shall be payable to:
1. Sons who have attained legal majority,
2. Sons of a deceased son, who have attained legal majority
3. Married daughters whose husbands are alive,
4. Married daughters of a deceased son whose husband is alive, if there are any members of the
family other than those specified above.
ii) When the subscriber leaves no family, the payment shall be made to the nominee if the nomination
exists under rule 13.7
iii) When the subscriber leave no family and no nomination made by him in accordance with the
provisions of rule 13.7 subsists, the payment will be made:
i) If the amount does not exceed Rs.5000.00 to the person appearing to the Accounts Officer
to be entitled to receive it.
ii) If the amount exceeds Rs.5000.00 to the person producing letter of administration, probate
or succession certificate (See clause (b) and of sub clause (ii) of clause (c) of sub-section
(1) of Section (4) of the Provident Fund Act 1925).
87
13.29H Purchase of car. 75% of balance or 2.5 lac or price of car.
The service should have 12 years.
-
13.29H Purchase of Computer.
50% of balance or 60,000 or price of computer
-do- -
13.29J Bet rothal of son/daughter.
3 month pay for son and 6 month pay in case of betrothal of daughter or 20% of balance.
The service should have 20 years or within 10 years before his retirement.
-
13.29J Purchase of two-wheeler.
50% of last balance or 30,000 or price of vehicle.
- -
13.29K To start business/ Haj Yatra.
75% of last balance. The service should have 20 years or within 10 years before his retirement.
One advance during entire service is admissible for this purpose.
This has come into force w.e.f. 1.1.2004.This scheme is applicable to persons appointed on or after
1.1.2004.
This scheme will have two tiers Tier-1 and II. Tier I is mandatory who are appointed to the posts of
categories 1 to 5 mentioned under rule l1.2 of Civil Services rules Volume I Part I. Tier II will be optional and
made operative later on. In tier-I all Government Employees have to make a contributions of 10% of his
Basic pay + Dearness Pay + IR + Dearness Allowance.
The following are the guidelines for the implementation of New Defined Contributory Pension Scheme
during the interim arrangement, for the guidance of Head of Offices/ DDO's
1. The new Pension scheme became operational with effect from 1.1.2004.
2. Contributions payable by the Government Employees towards the scheme under “Tier –I” i.e. 10%
of the (Basic pay= DP+IR=DA) will be recovered from the salary bills every month except the month
in which Government employee joined service. For example, the employee joined service during
the month of January 2005. His subscription will be started from the salary month 2/2005 payable in
the month of 3/2005 and so on.
3. No deductions will be made towards GPF contributions from the Government Employee joining
the service on or after 1.1.2004 as the GPF Scheme is not applicable to them. In case any
deduction has been made towards GPF the same should be refunded with the approval of
competent authority with interest.
4. On joining the Government service the employee should submit the particulars as prescribed in
annexure-I. The DDO concerned will be responsible for obtaining this information from all
Government employees covered under the scheme. Consolidated information for all those who
have joined service during the month shall be submitted by the DDO concerned in the prescribed
format annexure-II to his Head of Department by 7th of the following month. Annexure I will be
retained by the DDO.
5. On receipt of annexure-II from the DDO, HOD will allot a unique 16 digit Permanent Pension
Account Number (PPAN). The first four number of this digit will indicate the colander year of joining
of Govt. service, the next digit indicates as to whether it is a Civil Service and the next six digit would
represent the HOD code (which is used for the purpose of compiling monthly account), the last five
digits will be running serial number of the individual Govt. employee which will be allotted by the
HOD from “4001” running from January to December of a Colander Year.
ANNEXURE-I
(Details to be furnished by the Government Employee)
88
NEW STRUCTURED DEFINED
CONTRIBUTION PENSION.
41
1. Name of the Govt. employee (in block letters)
2. Name of office/department/organization
3. Scale of pay
4. Designation
5. Date of birth
Annexure-II
(Referred to in rule 10(g) Format in which information is required to be sent by DDO to HOD
1. Name of the DDO/Code No.
2. Name of the office and address
Name of DDO
(Seal)
PROFORMA
Schedule of Govt. Employee's contribution towards Tier-I of the New Defined Contribution Pension
Scheme (to be attached with the pay bill)
Major Head” 8342-Other Deposit: 117-Defined Contribution Pension Scheme for Govt. Employee-01
Govt. Servant Contribution Tier-I
Month/Year
Head of Department Code No.________________
Name of Head of Office_________________________
Name of DDO with TAN No.
89
6. Date of joining Govt. service
7. Basic Pay
8. Nominee for accumulation under the pension account
Sr. No. Name of the nominee/s Age Percentage of share payable
Relationship with the Govt. employee
Sr. No. Name of the nominee/s
Name of employee
Designation
Basic Pay
Date of birth
Unique Pension A/c no. in 16 digit ( to be allotted by HOD
Date of joining service
Name of nominee
Age
Relationship
Percentage
De
tail
of
no
min
ee
(s)
un
de
r P
en
sio
n A
/c
A-subscription
B-Arrears
90
Sr. No. Name of employee
Designation Permanent Pension A/c No. –16 digit
Date of joining service into Pb. Govt.
Present pay(Pay+DP+IR+DA)
Subscription 10% of Col.6
1. 2. 3. 4. 5. 6. 7.
Total Arrear Amount recovered during the month
Progressive Total of arrears up to this month
Balance to be recovered
91
PREPARATION OF PENSION PAPERS
AT THE TIME OF RETIREMENT
42
Rule Brief
9.2 CSR Vol.I. Head of offices shall write to AO (Rent) or PWD Department as the case may be, at least two years before the anticipated date of retirement to issue No Demand Certificate in respect of Government accommodation up to 8 months prior to the date of retirement.
9.4 The Head of office shall go through the service book of the employee at least two years before the anticipated date of retirement and any unverified portion of the service book shall arrange to verify from the office copies of pay bills or other record and if the period relates to other office, the same may be got verified from the concerned office. In case this unverified period is not capable of being verified in this manner, the concerned employee may be asked to file an affidavit on a plain paper to the effect that he had actually rendered service during that period. He shall also be asked to produce all relevant documents and to furnish information which is in his power to produce or furnish in support of such declaration.
Obtaining of form Pen 15 and other documents by Head of Office 8 months before the date of retirement.
Head of office shall obtain form Pen 15(Specimen at page 257 CSR Vol.II ) from the employee concerned 8 months before the date of retirement along with two specimen signatures, three joint photographs jointly with wife/husband, two slips each showing height and personal identification marks, an under taking under rule 9.15 that in case the excess amount was paid the same will be refunded to the Govt and also nomination forms along with communication form if the employee wants to get his/her pension commuted.
Forwarding of Pension papers to A.G.(A&E) 6 months before the date of retirement by head of office.
Head of office shall forward the pension case 6 months prior to the date of retirement with Service Book., Form Pen-I, Form Pen 15 along with documents supplied by the Government employee as shown at Para 2 above, Calculation sheet, No due Certificate and also no pending enquiry Certificate. No enquiry certificate in respect of Group A and B should be obtained from Vigilance department through Administration Department.
9.9 Provisional Pension.
If the Head of the office anticipate that the Government employee can not get pension after the date of retirement well in time he shall without delay take steps to determine the qualifying service and emoluments and issue sanction for payment of 100% pension as Provisional Pension for 6 months and 100% DCRG as Provisional Gratuity withholding 10% or Rs10000/- which ever is lesl. Recovery if any may also be made out of the provisional DCRG.
92
2.2 (c) If there is any enquiry pending against the employee Head of Office shall issue 100% provisional pension till the finalization of enquiry and DCRG shall be withheld till the finalization of enquiry
6.1 Amount of pension
The amount of pension is calculated on the basis of length of service fraction of an year equal to 3 months or above shall be treated as complete six monthly.
6.2 Pension fix in rupees should be rounded off to the next high rupees.
6.16 Calculation of pension
1. In case qualifying service is less than 10 years at the time of superannuating service gratuity equal to half-month pay for every completed six monthly is admissible in lieu of Pension.
2. Pension is calculated @ 50% of the last 10 months average of pay, if qualifying service is not less than 66 six monthly w.e.f. 1.4.2004 50% pay has been treated as dearness pay will be treated as pay for calculation of pensionery benefits.
3. In case the qualifying service is less than 66 months the pension should be calculated as per serial No.2 above and then reduced proportionately.
6.16 AA Calculation of D.C.R.G.
1. The amount of D.C.R.G will be ¼ of emoluments for each completed six months
subject to maximum 16-1/2 times emoluments and 17-1/2 times emoluments in thcase of class 4 employees subject to maximum 3.5 lacs. Emoluments means
Pay plus DA at the time of retirement (w.e.f. 1.1.96) 50% DA has been converted
into Dearness pay w.e.f. 1.4.2004 hence in case a person who retired after
1.4.2004 his emoluments for the purpose of DCRG will be Pay+Dearness
Pay+DA.
The amount of D.C.R.G. in case of death is admissible as under:-
a) Service less than 1 year 2 times emoluments.
b) Service 1 year to 5 years. 6 times emoluments
c) Service 5 years to 12 years 12 times emoluments.
d) Service above 12 years. Half of the emoluments
for each completed monthly period maximum 33 times emoluments with a ceiling
of 3.50 lacs.
Interest on delayed payment of D.C.R.G.
If the gratuity is not paid to the official within 3 months, from the date the same
became due and interest @ fixed for G.P.fund is allowed beyond 3 months up to
the month of payment with the sanction of the competent authority. In case of the
delay, because of administrative lapse in all such cases action should be taken to
fix the responsibility for delay
6.16(B) Definition of family for D.C.R.G.
In the absence of nomination, the family shall include wife or wives (including judicial ly separated wife), husband, son, unmarried and widow daughter(including step / adopted children, brother below the age of 18 years, unmarried/widow sisters including step brother /sisters, father, mother including
adopted parents, married daughters and children of pre deceased sons
93
6.16 Family Pension scheme.
In case of death while in service or later the date of retirement following family
pension will be applicable which should be calculated on the last pay:
Note: Enhanced family pension is admissible during first 7 years or till the
deceased would have attained the age of superannuation
Definition of family for family pension.
1. Wife/Husband including judicially separated if separation not on the ground of
adultery.
2. Unemployed son below the age of 25 years.
3. Unemployed/unmarried daughter below the age of 25 years.
4. Widow/divorced daughter if dependent and her income is less than 2620/ p.m.
5. Dependent parents with an income less than 2620/- p.m.
6. Any child or children suffering from disordered or disability physically or
mentally will get family pension for life, if he or she is entirely dependent on the
deceased and unable to earn his livelihood as certified by Civil Surgeon
concerned. In case of daughter she will get pension till marriage.
7. In case both the wife and husband are Govt. employee and both died while in
service, eligible children will get family pension for both the deceased.
Note: Payment of family pension will be given to first widow then children and in
the absence of widow/children to dependent parents/brother sister
Chapter-11 Commutation
Commutation without medical not exceeding 40% (which should be in whole rupees) of the pension is permissible if applied on form Pen 14A within 1 year from the date of retirement. Communication of provisional pension is not permissible. A Govt employee retired on invalid pension cannot commute pension without medical certificate.
Similarly Communication after 1 year from the date of retirement is not permissible without medical.
1. Punjab Govt. Finance Department letter No.3/44/90-2V.P.3/2739 dated 27.3.1991
If a Govt. employee is missing then his family can be given benefits of pension, gratuity after one year of lodging of F.I.R. with the police. The family of the employee will have to give an indemnity bond to the effect that in case the Govt. employee is found then the amount of pensionery benefits will be got adjusted.
Final payment of GPF
1. GPF accounts of Class I, II and III were transferred by A.G. w.e.f 1.4.89 to Punjab Government.
Basic pay Rate of enhanced family pension
Rate of normal family pension.
Up to 4500 60% 40%
Above 4500 50% (min 2700) 30%(min 1800)
94
2. Form PF 10 along with undertaking on Affidavit that in case the final payment
was made excess the same will be refunded to the Government along with
interest otherwise the excess payment along with interest can be recovered
out of pensionary benefits.
3. Before the case for final payment is sent to competent authority it should be
verified by the DDO regarding advance drawn by the Government Employee
w.e.f. 1.4.1980 up to the date of retirement.
4. G.P.F. subscription can be stopped one year before the date of retirement but
it must be stopped 6 months before the date of retirement.
5. 90% out of GPF without assigning any reasons can be withdrawn if applied
within one year before the date of retirement.
6. Application for 90% advance cannot be entertained if the same was given
during the period of 6 months from the date of retirement when the
subscription was stopped. (Latest instructions issued by Finance Department
vide his No.2///3/909-6FPP/6650 Dated 27.9.2004
Leave Encashment
1. Encashment of unutilized earned leave is permissible to the employee at the
time of retirement up to 300 days. Rule 8.21
2. Encashment of leave may be withheld if there are any enquiries pending
against the retiree and there is possibility of any recovery
3. Encashment of leave is also admissible to the family of Government employee
who expired during service under rule 8.122(8).
Following are the important terms generally used in budget:
2.1 Administrative approval.
2.4. Appropriation.
2.5. Charged expenditure.
2.9 Controlling Officer.
2.10 Consolidated Fund of the State.
2.11 Contingency Fund of the State.
2.16 Disbursing Officer.
2.21 Grant.
2.22 Head of Department.
2.22.1 Major Head.
2.24 Minor Head.
2.32 Re-appropriation.
2.33 Revised Estimate.
2.39 Supplementary Grant.
2.42.1 Technical sanction.
2.43. Token demand.
2.45 Voted expenditure
2.46 Vote on account.
Regarding collection of revenue
Regarding collection of revenue, the H.O.Ds. are required to maintain lists of Controlling Officers and
disbursing/collecting officers. The collecting officer should see that all income is claimed, realized and
paid into the Treasury.
Regarding expenditure
As regards expenditure, the HOD and D.D.O., subject to any general or specific orders, have full powers to
appropriate sums out of the allotted budget to meet expenditure falling under grant allocated to him
provided that:
i) The funds provided for 'charged' items of expenditure must not be appropriated to votable i t e m s
and funds provided for 'voted' items of expenditure must not be appropriated to 'charged' items.
ii) Funds must not be appropriated to meet any item of expenditure, which has not received the
sanction from an authority empowered to sanction it.
iii) Funds will be appropriated only to the objects for which the grant is made.
iv) No expenditure is to be incurred without previous approval of competent authority.
Responsibility of H.O.D. and Controlling Officer
H.O.D is responsible for watching expenditure incurred against budget grant communicated to him. He
will exercise general control over the actual expenditure incurred against grant communicated to
Controlling and Disbursing Officers, and particularly control over the funds not distributed by him. He is
ultimately responsible for keeping expenditure within the grant.
95
PREPARATION AND EXECUTION
OF BUDGET
43
All withdrawals made from the treasury are entered in a Bill Register by all Heads of offices who are
authorized to draw money from Treasury on bills signed by them. The register should be reviewed monthly
by the officer-in-charge of the Cash Book or by the Head of Office himself. The register will enable Head of
office to keep a complete watch over these bills from the time they are sent to treasury for encashment
up to the time amounts received from the treasury are disbursed.
The H.O.D. is responsible for taking necessary steps to prevent expenditure in excess of a grant:
a) By transfer of funds from one disbursing officer to another under his powers of appropriation.
b) By exercising his powers of re-appropriation.
Responsibility of disbursing officer
The Disbursing officer is directly responsible for the expenditure incurred against the grants allotted to him
under each head of account. He is required to keep a close watch over the progress of expenditure and
should not allow the appropriation for any units for which no funds have been provided.
He is required to pay prompt attention to any warning received from the H.O.D. or Controlling Officer and
arrange to submit an application for additional funds as soon as the necessity arises.
The reconciliation of departmental figures with the booked figures in the office of A.G. has following two
objects:
a) to ensure that the departmental accounts are sufficiently accurate to secure efficient
departmental financial control; and
b) to ensure the accuracy of the accounts maintained in the office of A.G. from which the final
published accounts are compiled.
GENERAL PRINCIPLES AND RESTRICTIONS RELATING TO EXPENDITURE
2.10(a) Every Govt. employee incurring or sanctioning expenditure from the revenue of the State should
be guided by high standards of financial propriety. Each Head of Department is responsible for
enforcing financial order of strict economy at every step. Among the principles on which
emphasis is generally laid are the following:
1) Every Govt employee is expected to exercise the same vigilance in respect of expenditure
incurred from public money, as person of ordinary prudence would exercise in respect of the
expenditure of his own money.
2) The expenditure should not prima facie more than the occasional demands.
3) No authority should exercise its powers of sanctioning expenditure to pass an order, which will be
directly or indirectly to its own advantage.
4) No authority should sanction any expenditure, which is likely to involve, at a later date, expenditure
beyond its own powers of sanction.
5) The amount of allowance, such as traveling allowance granted to meet expenditure of a
particular type, should be so regulated that the allowances are not in the whole the sources of
profit to the receipts.
6) In addition to compliance with the canons of financial propriety enunciated above the
authorities incurring expenditure should further see:
(1) that special or general sanction of the competent authority for the expenditure exists.
(2) that necessary funds to cover the charge exist that the authority incurring the expenditure is
responsible for any excess over the sanctioned funds; and that expenditure in anticipation of
funds is incurred only in authorized cases.
(3) that all charges incurred are drawn and paid at once and are not held up for want of funds and
allowed to stand over to be paid from the grant of another year; that money indisputably
payable should not as far as possible, be left unpaid and that all inevitable payments are
ascertained and liquidated at the earliest possible date.
96
(4) that money actually paid is under no circumstances kept out of account a day longer than is
absolutely necessary.
(5) that no money is withdrawn from the treasury unless it is required for immediate disbursement or
has already been paid out of the permanent advance; and
(6) that it is not permissible to draw advances from the treasury for the execution of works the
completion of which is likely to take a considerable time.
Rule 17.6
1) It is not sufficient merely to have sanction of Competent Authority to the expenditure but he must
have the budget.
2) It is not enough to have funds for specific item of expenditure. The expenditure must also be
sanctioned by Competent Authority.
lThe authority sanctioning the expenditure should indicate the Head of account to which the
expenditure is debitable.
lAllocation made in the current year's budget is to be first utilized to extinguish pending liabilities
and only thereafter fresh liabilities are created.
lUnder no circumstances may changes incurred be allowed to stand over to be paid from the
grant of another year. If possible, expenditure should be postponed till the sanction of the
budget of the next year but on no account may charges be actually incurred in one year and
thrown on the grant of another year (Rule) 17.18)
lIt is not permissible to draw advances from the treasury (Rule 17.19).
lSanctions of expenditure must be signed by a gazetted govt. employee and in no case by a
non- gazetted employee (Rule 18.11 of PER).
lPower of sanction to incur expenditure derived from a delegation cannot be exercised by the
recipient of delegated powers from a date earlier than the delegation.
lAll sanctions lapse on the end of the financial year. In the case of establishment charges, the
sanction lapse on the last day of February of the financial year in question unless the sanction
covers the payment, which can be made in the month of March.
Re-appropriation is not admissible in the following cases
i) From grant to another.
ii) From the 'charged' to the 'voted' section or vice versa.
iii) From a capital head to a revenue head within the same grant and vice versa.
iv) After the close of the financial year
v) To provide for new expenditure whether voted or charged until such expenditure has been
authorized by an Appropriation Act.
vi) To increase or provide for the expenditure on an item provision for which was specifically reduced
or disapproved by the Legislature.
vii) From Plan side to non- plan side and vice versa.
Supplementary Estimates
A supplementary grant or appropriation is an addition to the total authorized grant for a financial year.
Supplementary grant is required in the following cases:
I) When the amount included in a granted (voted or charged) is found to be insufficient for the year;
ii) When need has arisen for incurring expenditure upon some new service even though it can be met
wholly or in part by re appropriation within the amount authorized under the Grant.
iii) When it is desired to obtain prior approval of the Legislature to a Scheme involving large financial
commitment, even though little or no expenditure on that account is anticipated in the current
year.
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In cases under (ii) &(iii), a token sum of Rs.1000/- can be included. Before presentation to the Legislature,
the Estimates Committee considers in the Council of Ministers and the supplementary estimates.
Performance Budget
It provides the Deptt. Concerned with an effective tool to ensure the achievements as envisaged in the
Budget and also take remedial measures by a continuous system of evaluation or assessment of results.
Statements of Excess and surrenders.(Para 13.1)
The statement of excess and surrenders is intended solely for the purpose of fixing the Revised Estimates of
expenditure of the year after examination of the actual expenditure to date and for indicating what the
surrenders or excesses are likely to be over the grants sanctioned.
It is not intended to be a means of making provisions for additional funds the need for which may arise
subsequent to the framing of Budget Estimates.
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Whenever the Punishing Authority is of the opinion that there are grounds for inquiring into the truth of any
imputation or misbehavior against an employee of the court, it may proceed into the matter in
accordance with the provisions contained in the Punjab Subordinate Courts Establishment (Recruitment
and General Conditions) Rules, 1997. Rule 12(2) of the said rules, provides the following penalties which
may for good and sufficient reasons be imposed upon the member of service working in the Sessions
Division, by the authority as specified in Rule 13:
Punishments (Rule 12)
Minor Penalties
(i) Censure;
(ii) Withholding of promotion;
(iii) Recovery from pay of the whole or part of any pecuniary loss caused by him to the Govt.
by negligence or breach of orders;
(iv) Withholding of increment to pay without cumulative effect;
Major Penalties
(iv-a) Withholding of increment to pay with cumulative effect;
(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 Govt. employee will earn increments to 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
promotion of the Govt. 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 govt. 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
Govt.;
(ix) Dismissal from service, which shall ordinarily be a disqualification for future employment under
the Govt;
Punishing Authority (Rule 13)
(I) The District and Sessions Judge may impose on a member of Class-II service any of the minor
penalties specified in rule-12 (2) as amended from time to time.
(ii) The Chief Justice of the High Court or Judge nominated by him in this behalf may impose any of
the penalties specified in 12(2) on a member of Class-II service.
(iii) The District and Sessions Judge may impose any of the penalties specified in rule 12(2) of these
rules on a member of Class-III and IV of the service.
Procedure for imposing penalties
As per Note No.2 below Rule 12(2) of the rules aforesaid, in the matter of procedure for imposing any of
99
PUNISHMENT AND APPEAL
RULES
44
the above penalties the member of a service will be governed by Punjab Civil Services (Punishment and
Appeal) Rule, 1970 for Punjab and U.T.Chandigarh and Haryana Civil Services (Punishment and
Appeal)Rules, 1987 in case of Haryana.
For minor penalties
Rule 10 of the Punjab Civil Services (Punishment and Appeal) Rule, 1970 provides the following
requirements before imposing minor penalties:
(i) Informing the employee in writing of the proposal to take action against him and giving him a
reasonable opportunity.
(ii) Intimation of specific imputations of misconduct or misbehaviour on which it is proposed to take
action.
(iii) Holding an inquiry in case punishing authority is of the opinion that such an inquiry is necessary.
(iv) Consideration of representation submitted by the employee.
(v) Recording a finding on each imputation of misconduct or misbehaviour.
(vi) Orders on the case with the reasons. The orders will have to be of speaking nature.
(vii) The order is to be communicated to the employee as per procedure contained in Rule. 11.
For major penalties
If the punishing authority is of the opinion that the imputations of misbehaviour or misconduct are such as
require the employee to be given major penalties, the procedure laid down in Section 8 of Punjab Civil
Services (Punishment and Appeal) Rules, 1970 has to be followed. The Punishing Authority shall take the
following steps:
(1) The following documents shall be drawn or cause to be drawn by the Punishing Authority:
(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct
articles of charges;
(ii) a statement of imputations of misconduct or misconduct in support of each article of
charge, which shall contain;
(a) a statement of all relevant facts including any admission or confession made by
the employee;
(b) a list of documents by which and a list of witnesses by whom the articles of charge
are proposed to be sustained.
(2) The aforesaid documents shall be delivered to the employee concerned.
(3) The employee shall be required to submit his written statement indicating his defence and also to
indicate whether he desires to be heard in person.
(4) The specific articles or charges, which are not admitted, shall be inquired into either by the
punishing authority itself or by the Enquiry Officer, if it considers necessary to appoint an Enquiry
Officer.
(5) If the employee concerned submits no written statement then also it shall be open to the
punishing authority to proceed with the inquiry either by itself or by appointing an Enquiry Officer.
(6) The Presenting Officer shall be appointed so as to conduct /present the case on behalf of the
punishing authority. The Presenting Officer may be an employee or a legal practitioner.
(7) In cases in which an Enquiry Officer is appointed and the enquiry is not held by the Punishing
Authority itself, the documents referred to in sub rule (6) of Rule 8 of the rules ibid namely;
(i) a copy of the articles of charge and the statement of the imputations of misconduct or
misbehaviour;
(ii) a copy of the written statement of defence , if any, submitted by the employee;
(iii) a copy of the statement of witnesses, if any, recorded in preliminary inquiry.
(iv) Evidence proving the delivery of documents, required to be delivered to the employee.
(v) a copy of the order appointing the “Presenting Officer”.
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(8) In order to ensure that the institution of the inquiry is not delayed, the employee concerned shall
appear before the Enquiry Officer within 10 days of the receipt of documents OR the the
Enquiring Authority may require him to do so through a notice in writing but this has to be done
within 10 days.
(9) The employee concerned can also take the assistance of a legal practitioner to present his case
if the Presenting Officer is a legal practitioner or if the punishing authority permits him to do so
having regard to the circumstances.
(10) If enquiry has been initiated in the absence of any written statement of defence by the
employee as stated in item fifth above, the Enquiry Officer shall ask the employee whether he
pleads guilty to any of the charges and shall record the plea, and obtain the signature of the
employee thereon. This finding of being “guilty” shall then be returned to the punishing authority.
(11) The Enquiry Officer shall then record evidence produced by the Presenting Officer on behalf of
the department and will also allow the employee or on his behalf some person, to cross examine
the witnesses.
(12) The Enquiry Officer may put such questions to the witnesses as he thinks fit.
(13) The Enquiry Officer, in its discretion, may allow the Presenting Officer to produce evidence not
included in the list given to the employee, however, a copy of the list of further evidence shall be
supplied to the employee.
(14) When the evidence on behalf of the Punishing Authority is closed, the employee shall be called
upon to lead his evidence.
(15) After completion of evidence of both the parties, hear the Presenting Officer and the employee
on merits or permit them to file written briefs of their respective cases if they so desire.
(16) The Enquiry Officer shall then give his findings on each article of charge and shall send the report
to the Punishing Authority along with record of the enquiry.
Action on the Enquiry Report
The Punishing Authority may, thereafter, consider the enquiry report, along with the evidence on record
and will take further action in accordance with the relevant rules.
APPELLATE AUTHORITY
An appeal shall lie to the High Court against orders of a District and Sessions Judge imposing any penalty
and such appeal may be disposed of by the Chief Justice or a Judge nominated by him in this behalf.
The appeal shall be preferred in the form of a petition along with the copy of order appealed against and
presented to the concerned District and Sessions Judge within 45 days of the passing of orders (the period
between the date of application of the copy and the date on which it is supplied being excluded) who
will forward the petition to the Registrar of the High Court without unnecessary delay along with his para
wise comments thereon.
Provided that the Appellate Authority may entertain the appeal after the expiry of the said period, if it is
satisfied that the applicant had sufficient cause for not preferring the appeal in time.
Order against which no appeal lies
(i) Any order of interlocutory nature to step-in-aid of the final disposal of a disciplinary proceeding.
(ii) Any order passed by an inquiry authority in the course of an inquiry held under Punjab Civil
Services (Punishment and Appeal) Rules, 1970.
Orders against which appeal lies
(i) An order of suspension;
(ii) An order imposing any penalty specified in Rule-5 of Subordinate Courts, Establishment
(Recruitment & General Conditions of Service) Rule,1997.
(iii) An order enhancing penalty imposed,
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(iv) An order which denies to his disadvantage, his pay and allowances, pension and other service
conditions;
(v) Stopping him at efficiency bar, reverting him, reducing and withholding the pension or denying
maximum pension admissible and determination of subsistence allowance for the period of
suspension.
After reading the petition, the High Court may either:
(i) Reject it without hearing the petitioner after passing a speaking order; or
(ii) Hear the petitioner, and in case where other persons are held to be concerned in the subject of
the petition, such other persons, in open court.
While disposing of an appeal against any order under this rule or any penalty specified in rule 12,the High
Court shall consider:
(i) Whether the facts on which the order was based have been established;
(ii) Whether the facts established afford sufficient ground for taking action; and
(iii) Whether the penalty is excessive, adequate or inadequate and after consideration shall pass
such an order as it thinks proper.
Provided that no penalty shall be increased unless opportunity is given to the person concerned to show
cause why such penalty should not be increased.
The District and Sessions Judge from whose order the appeal is preferred under these rules, shall give
effect to any order made by the High Court.
Nothing contained in these rules, shall debar the High Court from altering, if deemed fit, any order of
punishment or appointment not provided for above which may be passed by the District and Sessions
Judge in respect of member of service, when an aggrieved person, petitioner or otherwise. District and
Sessions Judge, should not, therefore, withhold any petition addressed to the High Court whether an
appeal lies to it in the case or not under these rules. In a case in which no appeal lies, the District and
Sessions Judge should forward it without any comments and relevant documents unless he wishes to do
so or is so required by the High Court.
Petitioners are forbidden to attend personally at the High Court unless summoned to do so. Order on their
petition will be communicated to them through the District and Sessions Judge concerned.
Note:
1. For Haryana Haryana Subordinate Courts Establishment (Recruitment and General conditions of
Service) Rules, 1997 have been enacted and published in the High Court Rules and Orders thVolume 1,Chapter 18 Part-B vide correction slip No.39 Rules/XXII D.4 dated 17 October, 1998.
2. For the Union Territory Chandigarh Subordinate Courts Establishment (Recruitment and General
Conditions of Service) Rules, 1997 have been enacted and published in the High Court Rules and thOrders Volume 1, Chapter 18 Part-C vide correction slip No.41 Rules/II D.4 dated 29 November,
1999.
102
Leave Rules
Leave is a permission granted to Govt. servant to be absent from actual duty. It includes earned leave,
HPL, Commuted leave; leave not due and extraordinary leave (8.113). Leave is earned by duty only The
leave of any kind is treated as duty for the purpose of any Rules unless contrary is expressly stated therein.
Resignation constitutes an “Interruption of Duty.”
An application for leave or for an extension of leave shall be made to the authority competent to grant
leave in form CSR-2. Leave cannot be claimed as a matter of right when the exigencies of the Public
Service so require. Discretion to refuse or revoke leave of any description is reserved to the authority
empowered to grant it. However the nature of leave due and applied for by the Govt. employee cannot
be altered at the option of sanctioning authority. The grant of medical certificate under Rule 8.13 and
8.14 does not in itself confer upon the govt. employee concerned any right to leave. (8.16(1) Leave
should not be granted to a govt. employee when a competent authority has decided to dismiss or
remove or compulsorily retire him fro govt. service. (Rule 8.19). Leave should be sanctioned after due
verification of title by the authority maintaining the leave account. (Rule 8.20). Leave at the credit of
Govt. employee shall lapse on the date of retirement but as per proviso (a) (b) and (c) of rule
8.21.Unutilized leave can be en-cashed to the extent at credit with maximum limit of 300 days w.e.f. 1.1.96
as calculated under rule 8.21(c) which is as under:-
Pay + D.A. (admissible on that date) X No. of days of unutilized earned leave at credit on the date of
retirement/30.
The authorities competent to grant leave under Rule 8.218, 8.21, 8.124,8,15, 8.120 & 8.137 are given in
Appendix 12 in part II of CSR Vol. I. Leave ordinarily begins on the day on which transfer of charge is
affected and ends on the day preceding that on which charge is resumed (Rule 8.25). Holidays can be
prefixed and suffixed to leave subject to the conditions under Rule 8.26 to 8.28. The employee must record
his address during leave on his application (Rule 8.36). A Govt. employee while on leave may not take any
service or accept any employment (including private practice) without prior permission of the
competent authority (Rule 8.41). If the govt. employee is recalled to duty from leave, his period of journey
will be treated as duty. He will be paid TA (Rule 8.4) but he cannot return to duty before the expiry of leave
unless permitted by the authority sanctioning the leave. A govt. employee who has taken leave on
medical grounds will have to produce medical fitness certificate before joining duty.(Rule 8.44). The
employee cannot claim to resume the duty on the post from which he proceeded on leave but should
await orders (Rule 8.46). Under Rule 8.47(i) unless the authority competent to sanction leave extends
leave, a govt. servant who remains absent after the end of the leave will be treated as on HPL to the
extent due and thereafter on extraordinary leave and no leave salary shall be paid for that period. Willful
absence from duty after the expiry of leave renders a govt. employee to disciplinary action (Rule 8.47(2)
unless the contrary appears from the context , vacation counts as duty and not as leave (Rule 8.59). A
govt. employee on casual leave or on quarantine leave is not treated as absent from duty and his pay
and allowances are not intermitted .As such leave is not recognized as regular and is not subject to leave
rules of volume I part I (Rule 8.60). Such rules are given in Appendix 17 of Part Il of Vol. I (Rule 8.61) Any kind
of leave under these rules may be granted in combination with or in continuation of any other kind of
leave. (Rule 8.114). The authority which granted leave to a govt. employee can commute it
retrospectively into a leave of different kind which may be admissible but the govt. employee cannot
claim it as a matter of right (Rule 8.115).
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OUTLINES OF C.S.R45
Leave salary
Vide rule 2.34 leave salary means the monthly amount paid by government to a govt. employee on leave
as determined in Rule 8.122.
Under rule 8.122.
(1) An officer on Earned leave shall be entitled to leave salary equal to the pay drawn immediately
before proceeding on Earned leave.
(2) An officer on HPL or leave not due is entitled to leave salary equal to the half the amount
specified in sub rule (1).
(3) An officer on commuted leave is entitled to leave salary equal to amount admissible under sub
rule (1).
(4) An officer on extraordinary leave is not entitled to any leave salary.
(5) When granted leave beyond the date of compulsorily retirement, leave salary will be reduced
by amount of pension and pension equal to other retirement benefits when re employed. Leave
salary will be equal to half pay and further reduced by pension and other pensionary benefits if
granted leave during re- employment then leave salary based on pay less pension. One month's
leave salary can be paid in advance subject to the conditions of Rule 8.122(7).
Kinds of leave, conditions land admissibility
I. Earned leave Rule 8.116
Earned leave means leave earned in respect of period spent on duty (Rule l8.113(ii). The earned leave
admissible to permanent govt. employee is
tha) 1/24 of the period spent on during first 10 years of service.thb) 1/18 of the period on spent on duty during the next 10 years of his service andthc) 1/12 of the period spent on duty thereafter.
In calculated earned leave, the actual No. Of days of duty shall be first commuted and then multiplied by
1/12, 1/18 & 1/24. The period spent on duty shall include all kinds of leave except extraordinary leave
(Note 2 & 3 under 8.116).
Vide Rule 8. 117(a) Earned leave is not admissible to govt. employee serving in vacation department in
respect of duty in any year in which he avails himself of the full vacation. If he does not avail of vacation,
earned leave will be admissible as per Rule 8.116.
Entitlement for vacations in a year Rule 8.117(b)
i) to a govt. employee with 10 year of service or less15 days.
ii) to a govt. employee with more than 10 yearsof service but not exceeding 20 years of service
20 days
iii) to a govt. employee with over 20 years service 30 days.
Accumulation of E.L Availment
Maximum up to 360 days No restriction on availing
w.e.f. 24.11.88 to 17.11.97 of earned leave at a time
up to 450 w.e.f. 18.11.97 vide note 3 under rule l8.116.
II. Half pay leave 8.119(a) and (b)
“Half pay leave” means leave earned in respect of completed years of service vide Rule 8.113(iii).
a) Half pay leave is admissible to an officer in respect of each completed year of service is 20 days
(Including EOL)
b) the Half pay leave due may be granted to a govt. employee on medical certificate or on private
affairs when earned leave is not due vide rule (8.119)
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III. Commuted leave 8.119©
Commuted leave not exceeding half the amount of half pay leave may be granted to a govt. employee
on medical certificate subject to following conditions:-
i) It will be limited to 240 days during entire service,
ii) Twice the amount of such leave shall be debited against the half pay leave due.
iii) No commuted leave shall be granted unless it has been applied for at least 30 days at a time.
iv) When the employee is expected to return to duty.
IV. Leave not due 8.119(c) and notes thereunder
Leave not due should be granted only if the authority empowered to sanction is satisfied that the
employee is likely to return to duty on the expiry of leave and should be limited to half pay he is likely to
earn thereafter. 360 days during entire service to permanent govt. employee and not more than 90 days
at a time. It is debitable to HPL A/c. No refund of HPL not earned after expiry of leave in case he is retired
from service under sub rule (1 of Rule 3 of Pb. CSR (Premature Retirement) Rule 1975.
V. Extraordinary leave Rule 8.121 & 8.137.
Extraordinary leave may be granted to any Govt. employee in special circumstances
a) When no leave is admissible
b) When other leave is admissible but employee concerned applies in writing for the grant of
extraordinary leave.
2. The authority empowered to grant leave may commute retrospectively
(a) Period of absence without leave into E.O.L.
(b) Extraordinary leave granted into leave of different kind of the later type of leave was admissible
at the time of EOL was granted. This concession cannot be claimed as a matter of right. EOL
granted on medical certificate can be commuted retrospectively into “Leave not due” at the
discretion of the competent authority.
The provisions of Rule 8.121 shall also apply to Govt. employees not in permanent employment but the
period of EOL may, on any one occasion does not exceed
(i) 2 years in case of employee who has been in continuous govt. service for a period exceeding 1
year and
(ii) one year in case of a govt. employee whose service is less than one year.
Vide Rule 8.133 Provisions of Rule 8.133, Rule 8.116 to 8.119apply also to employees not in Permanent
service subject to condition of Rule 8.133.
Additional kinds of leave in special circumstances
I) Special disability leave. Rule 8.124, 8.125 & 8.137(c)
Such leave should not be granted unless the disability manifested itself within 3 months of the occurrence
to which it is attributed of leave shall not exceed in any case more than 24 months that took on medical
certificate by the Medical Board. Such leave can be combined with leave of any other kind. It shall be
counted as Duty in calculating service for pension. It will be on full pay up to 120 days land half pay
thereafter or at option for the period not exceeding of earned leave. Leave salary will be regulated under
rule 8.
ii) Study leave. Rule 8.126.
Such leave is granted to enable the govt. employee to study scientific, technical or similar problems or to
undergo special course of instructions. It is not debited to leave Account. Granted 12 months at any one
time and 24 months during entire service. For details see appendix 20 of part II of Vol..I.
105
iii) Maternity leave & Hospital Leave. 8.127 (a)l to 8.127(E), 8.137 A & B.
A female govt. employee may avail 180 days maternity leave without the necessity of medical
certificate. The date of confinement should fall within this period of leave. This leave is not debited to the
leave Account of the female govt. Employee. Provided that she does not have three or more living
children at the time of application for such leave. Beyond the period of 180 days leave of the kind due
can be granted on production of medical certificate.
Under Rule 8.127(c)(d)(e) & 8.138. A class III & IV govt. employee, whose duties involve handling of
dangerous machinery, explosive material, poisonous drugs etc. are entitled for Hospital leave during the
period under treatment due to the risk incurred in course of their duties. It is not debited to leave Account
and can be combined with any other leave up to maximum period of 28 months. L/s will be paid on full
pay up to 120 days & HPL after that period.
Maternities leave on account of miscarriage abortion shall be restricted to 45 days w.e.f. 8.11.95. In case
of longer duration, leave of the kind due admissible can be availed to cover the period of abortion.(FD
letter No.2/3/94-FP-II/7491 of 8.11.95)
V. Terminal Leave Rule 8.138(A)
Earned leave to the extent due and admissible at a time can be granted to temporary employee (other
than employee on contract) at the discretion of the competent authority on the termination of service on
account of retrenchment or on the abolition of Post before attaining the age of superanuation even
when it has not been applied for or refused in the Public Interest. Such leave can also be granted to other
categories mentioned in sub rule (2) of Rule 8.138(A), subject to the extent and conditions mentioned
therein.
VI. Leave beyond the date of compulsory Retirement
Under rule 8.139, the provision of rule 8.21 applies mutant's mutandis to temporary and officiating govt.
employees whose leave is regulated by the rules in this part.
VII. Adoption leave
Female govt. employee having no children of their own, may be sanctioned 3 months adoption leave or
up to the period the new born child is 3 months old (Govt. letter No.14/22/98-6PP3/7892 dt, 11.6.98.
VIII. Leave to probationers, Rule 8.131.
During the period of probation he is entitled to leave, if on contract as per conditions of contract, or
appointed otherwise to such leave as would be applicable to him, if he held his post substantively,
otherwise than on probation. It should not exceed the period of probation, if services are likely to be
terminated during the probation period and also not beyond the period of contract under Rule 8.58.
IX. Leave to apprentices , Rule 8.132.
An apprentice is entitled to leave during the period of apprenticeship, if appointed under contract, as
per conditions of contract, if appointed otherwise to leave on medical certificate on leave salary
equivalent to half of the pay on the last day of duty prior to commencement of leave for a period of not
exceeding one month in any year of apprenticeship. If period is less than one year, proportionate leave
will be admissible. He is entitled to extraordinary leave under Rule 8.121. Rule 8.58 also applies in this case.
Leave admissible to part time employees and govt. employees whose service is not continuous are given
in the Rules 8.141 & 8.142, 8.143 & 8.144 of CSR Vol. I. Part I.
X. Casual leave
Appendix 17 of Part II (referred to in Rule 8.61 deals with casual leave. It is admissible to employees as
under:
To employees with 10 years service 10 days.
106
With more than 10 years but les than 20 Yrs. 15 days.
With more than 20 years of service. 20 days.
The female govt. employees are entitled to 20 days casual leave irrespective of length of their service, in a
calendar year.
stThis is related to the calendar year i.e. from 1st January to 31 December. It is admissible on full pay only to
the employee.
XI. Quarantine Leave
Such leave is granted only in case of infections diseases in the family or household of an employee on the
certificate of Medical or Public Health Officer for a period not exceeding 21 days or in exceptional cases
30 days. In excess of this leave, it will be treated as ordinary leave. It is not admissible in case of govt.
employee himself. The list of such diseases is given in Appendix 17 of Part II of Vol. I.
107
1. Dismissal.
Pay and allowances of Govt. employee who is dismissed or removed ceases from the date of such
dismissal or removal(Rule 7.1)
2. Allowances during the period of suspension (7.2)
(a) Subsistence allowance at an amount equal to the leave salary which the Govt. employee would
have drawn if he had been on half pay leave and Dearness allowance on the basis of such leave
salary. Other compensatory allowances will be admissible as the employee was drawing on the
date of suspension.
(i) Where the period of suspension exceeds six months, the authority which ordered suspension,
may increase a suitable amount not exceeding 50% of subsistence allowance, if in the opinion
of the said authority, the period of suspension has been prolonged for reasons not attributable
to the Govt. employee.
(ii) The amount of subsistence allowance may be reduced by a suitable amount not exceeding 50%
of the subsistence allowance admissible during the period of first six months, if in opinion of the
said authority, the period of suspension has been prolonged due to reasons directly attributable
to the Govt. employee.
Note: The amount of dearness allowance may be increased or decreased as the amount of
subsistence allowance.
(iii) No payment under (a) above shall be made unless the Govt. employee furnishes a certificate
that he is not engaged in any other employment, business, profession or vocation.
3. Allowances on reinstatement (7.3 & 7.3A)
(i) When a Govt. employee who has been dismissed, removed or compulsory retired, is
reinstated as a result of appeal, revision or review or by a court of law or would have been
so reinstated but for his retirement on superanuation while under suspension or not the
authority competent to order reinstatement shall consider and make a specific order:
(a) Regarding pay and allowances to be paid to Govt. employee for the period of his
absence from duty including period of suspension
(b) Whether or not the said period shall be treated as a period spent on duty.
(ii) Where the competent authority to order reinstatement of an employee who has been fully
exonerated as a result of an appeal or review, revision or by a court of law, be paid his full
pay and allowances to which he would have been entitled, had he not been dismissed,
removed, suspended or compulsorily retired.
(iii) (a) Where the authority is of the opinion that termination of proceedings had been
delayed due to reasons directly attributable to the Govt. employee, he shall be paid
for the period of such delay only such amount (not being whole) of pay and
allowances as it may determine.
(b) Period of absence from duty including period of suspension preceding dismissal,
removal or compulsory retirement, shall be treated as duty for all purposes.
(iv) In case where the order of dismissal, removal or compulsory retirement from service is set aside
in appeal, revision or review solely on the ground of non compliance of requirements of article
108
RULES REGARDING DISMISSAL,
SUSPENSION,REMOVAL AND RESIGNATION.
46
311 and no further inquiry is proposed, the Govt. employee be paid such amount(not being
the whole) of pay and allowances as the competent authority may determine, after giving
notice to the Govt. employee.
(v) The amount so determined shall not be less than subsistence allowance. In this case period of
absence from duty including period of suspension preceding the dismissal, removal or
compulsory retirement shall not be treated as duty unless competent authority directs that it
shall be so treated for any specified purpose.
If Govt. employee so desires such period shall be converted into leave of any kind due
admissible to the Govt. employee.
(vi) Any payment made to a Govt. employee on his reinstatement, shall be subject to adjustment
of the amount, if any earned.
(vii) Where suspension is revoked pending finalization of disciplinary or court proceedings, any
order passed before the conclusion of the proceedings against the Govt. employee, shall be
reviewed on its own motion after the conclusion of the proceedings. Period spent under
medical treatment by a Govt. employee under suspension, shall be treated as spent under
suspension.
4. Leave to a Govt. employee under suspension (7.4)
Leave may not be granted to a Govt. employee under suspension.
5. Forfeiture of service on Resignation (7.5)
(i) Resignation from a service or post unless it is allowed to be withdrawn in public interest by the
appointing authority, entails forfeiture of past service.
(ii) A resignation shall not entail forfeiture of past service if it has been submitted to take up, with
proper permission, another appointment under the Government where service qualifies for
pension.
(iii) Interruption in service due to two appointments being at different stations not exceeding the
joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind
due to the Govt. employee at the time of relief or by formal condonation of the period not
covered by leave due to him.
5. Conditions to withdraw the resignation.
The appointing authority may permit a person to withdraw his resignation in the public interest on the
following conditions:
(a) that the resignation was tendered by a Govt. employee for some compelling reasons, which did not
involve any reflection of his integrity, efficiency or conduct.
(b) that during the period intervening between the date on which the resignation became effective and
the date from which the request for withdrawal was made, the conduct of the person was in no way
improper.
(c) that the period of absence from duty between the date on which the resignation became effective
and the date from which the person is allowed to resume as a result of permission to withdraw the
resignation is not more than ninety days.The employee concerned should put in his application for
withdrawal of resignation within two months of being relieved and the same so far as possible be
processed within one month.
(d) Request for withdrawal of a resignation shall not be accepted where a Govt. employee resigns his
service for taking up an appointment in or under a Corporation, Company wholly or substantially
owned or constituted by Govt.
(e) When an order is passed by the appointing authority allowing a person to withdraw his resignation & to
resume duty, order shall be deemed to include the condonation of interruption in service but period
of interruption shall not count as qualifying service.
109
Conditions under which admissible
Joining time is granted to govt. employee to enable him:
1. To join post without availing himself of any leave on relinquishing charge of his post.
2. (i) to join new post on new station on return from Earned leave not exceeding 180 days
subject to leave Rules in Section III of Chapter VIII.
(ii) Leave other than E.L. when he has not sufficient notice of his appointment of new post.
3. (i) To proceed on transfer or after leave from a specified station to join a post in a remote
locality which is not easy of access.
(ii) To proceed on relinquishing charge of post or after leave on a place in a remote locality
which is not easy in access to a specified station (Rule 9.1. of CSR Vol.I. Part I).
4. To Military officers joining in civil services and retransfer to Military Service.
5. To a Govt. employee when he is offered another such post at an other station.
WHEN NOT ADMISSIBLE
No joining time is allowed when transfer from one post to another post in the same office establishment is
made. (Rule 9.2 of CSR VOL.I. Part I)
No joining time is allowed if State Govt. Employee joins new post under Union Govt. or Central Govt.
employee under state govt. on termination of post or by resignation.
To probationers holding ”Training Posts.”
To the employees who are employed in a temporary capacity without the sanction of the Govt.
During training and vacations
The time required for journeys between the place of training and his station of posting is to be treated as a
part of training.
Joining time is allowed to govt. employees appointed to posts under the state govt. on the result of
competitive Examinations, which is open to govt. employees, and others who hold permanent post in a
substantive capacity.
A govt. employee on transfer during a vacation may be allowed joining time at the end of vacation. If
vacation is combined with leave it should not exceed 180 days. (Rule 9.3 of C.S.R. Vol.I.)
If employee takes leave while in transit from the one post to another he may be allowed joining time on
the expiry of leave (Rule 9.4)
Calculation of Joining Time
a) The joining time in the ordinary course of transfer is subject to the maximum of 30 days. Six days are
allowed for preparation and in addition a period to cover the actual journey is calculated as follows:
By Air Craft 1 day for a portion of journey he might travel.
By railways. 500 kms.
By ocean steamer. 350 kms) or any longer time actually
By River Steamer 150kms.) Occupied in journey.
110
RULES REGARDING JOINING TIME
47
By Motor vehicle or horse. 150 kms.
Driven conveyance.
By any other way. 25 kms.
b) (I) for clause (a)(i) a part of day should be treated a day.
(ii) A day is also allowed for any fractional portion of any distance prescribed in clause(a)
When part of journey is by steamer, the limit of six days for preparation may be extended to cover any
period variably spent in awaiting the departure of the steamer.
c) Travel by Road not exceeds (eight kilometers) to or from a Railway station or steamer ghat at the
beginning or end of journey does not count for joining time.
d) A Sunday does not count as a day for the purposes of calculation in this rule but Sundays are
included in the maximum period of 30 days.
Exception
In special circumstances the joining time can be reduced. One day is allowed in case no change of
residence is involved. A holiday counts a day for this purpose (Rule 9.6)
When Holiday(s) follow(s)joining time, the normal joining time may be deemed to have been extended to
cover such holiday. The joining time may be calculated by the route which (Rule 9.6(9)} traveler actually
used. It will be calculated from old station or where he receives orders, whichever is less, unless he has to
wind up his luggage on old station, for which a certificate is to be given with joining duty. Rule 9.8(9) If he is
transferred to a new post while in transit of journey his joining time beings on the day following that on
which he receives the orders of appointment, but a second period of 6 days is not allowed in such case.
When the employee is transferred from one govt. to another, the joining time will be governed under the
rules of that govt. to whom transferred (Rule 9.12)
Pay during Joining Time
Joining time is a duty and therefore pay is regulated as under:
If joining time is allowed under Rule 9.1(a), the pay of old post or new post whichever is less.
Where joining time under clause 9.1(b) at the rate of leave salary as on earned leave.
Where Joining time is granted under clause (c) of Rule 9.1 the pay which he would draw in his post in the
remote locality.
Provided that his transfer is made in public interest otherwise he will not be paid any pay.
Rule 9.16 concerns the P.W.D. and 9.17 to other Departments mentioned therein.
Overstay and extension of joining time
Overstay of joining time is if a govt. employee does not join duty after availing joining time is treated as
willful absence from duty as misbehavior for the purpose of Rule 3.17. He will not be paid pay or leave
salary after the end of joining time (Rule 9.10). However competent authority can extend the joining time
if the spirit of the rule is observed but within the limit of 30 days where the circumstances are beyond the
control of an employee to join post within the normal joining time. For example when he becomes sick
during joining time or when such extension is considered for public convenience. ”Rule 4.19(a)}. When a
person not in govt. service is appointed to the post under govt. at the discretion of the competent
authority may be treated on joining time for the period he makes the journey to or at reversion, and will be
paid the dues or pay at the rule of govt. job or other employment, whichever is lesser vide Rule 9.20 of CSR
Vol.I Part I.
Practical question, Joining time
Question
An Officer was transferred from station 'X' to “Y” on the F.N. of 03.09.1998(Saturday). With the help of the
111
following date calculate Joining Time admissible to the officer and state when the officer should join the
new post at station 'Y'.
The Officer had forced halt for 2 days because ocean steamer was not readily available owing to bad
weather. There was train accident and rail journey was completed in three days.
112
Distance from Residence at 'X' to Railway Station 10 K. M.
Rail Journey 501 K. M.
Ocean Steamer Journey 200 K. M.
Journey by Road (Horse taunga conveyance) 10 K. M.
Journey by Air (2 hours journey) 500 K. M.
Journey by Road (Motor Journey). 300 K. M.
Leave Travel Concession to the State Govt. Employees to travel any place in India was introduced by thPunjab Government vide circular letter No.6/10/88-6GE/3299 Dated 9 March 1989 w.e.f. Block Year
1990-93. Following are the instructions for this concession
1. Leave travel concession for journey to any place in India during year 1989 (extended up to 1990 or
for travel to Home town once during 1989 unless such concession has already been availed.
2. Any block can be extended for one year with the approval of Head of Deptt.
3. In case leave travel concession availed during the block of 2 years to visit hometown the Leave
travel concession to visit any place in India cannot be allowed.
4. Leave Travel concession can be availed during regular leave or casual leave.
5. The actual fare will be allowed if journey was performed by railway or State Transport undertaking;
etc performed journey.
6. Family of the Government employee for LTC include wife or husband as the case be, unmarried
and dependent children, Married daughter, divorced. Deserted or living separately from her
husband and dependent upon the Government employee, Dependent parents including step
parents, Unmarried minor brother sister, divorced deserted widow dependent sister if residing with
the Government employee and parents of the GE are also dependent.
7. Dependent means earning of family member does not exceed 1500 PM.
8. Only two children will include in the term family applicable after one year from 20.10.1997 or
otherwise twins born.
9. Second wife will include in the term family if the second marriage is legal.
10. Admissibility by air or railway.
Authorities to Sanction LTC
11. Regular Account should be maintained and information should be furnished to Finance thDepartment by 30 April every Year.
113
LEAVE TRAVEL CONCESSION
48
Basic pay Admissibility
18400 or above stBy air in economical Class or AC 1 Class Railway
16400-18400 stAir Conditioned 1 Class
8000-16400 st1 Class/ AC III tier sleeper/AC chair car..
4100-8000 nd2 Class AC II tier sleeper
Below 4100 Second class
Administrative Department HOD, Addl. Joint HOD
Head of Department All Group A and B
Head of office All Group C and D.
12. Instructions issued by Government of India from time to time will be applicable.
13. Block year will be treated as availed in which outward journey started.
14. Advance up to 90% is admissible 3 months before the journey starts.
15. Contractual staff and re employed are also eligible after one-year service if the services are likely
to continue for 4 years.
16. Circular ticket Admissibility will be up to the place declared by the Government employee to be
visited at shortest route.
17. Change of place should be got approved before the journey starts.
18. Government employee and his family can travel different places.
19. In case both husband and wife are employed one out of two can claim LTC for both the persons.
20. Claim should be submitted within 3 months after the completion of journey. In case advance is
given it should be got adjusted within 1 month from the date of completion of journey.
114
1. The GIS, which is intended to provide a low cost insurance cover to employee by grouping them in
four groups i.e. A, B, C & D., came into force on 2/10/82, It is compulsory for those govt. employees
who entered govt. service on or after 15/8/82. It is not applicable to those who are recruited after
the age of 50 years.
2. This scheme is optional for those govt. employees who were in service before 15/8/82. If a govt.
employee did not opt out of this scheme by 30/9/82 the scheme was automatically made
applicable to him/her
3. The employees contribute towards the scheme in units, as under:
Group D employees (Class IV) contribute = 1 unit.
Group C employees (Class III) contribute = 2 units.
Group B employees (Class II) contribute. = 4 units.
Group A employees (Class I) contribute = 8 units
The value of each unit is Rs.10/- from 10/82.to 12/89 and Rs.15/- w.e.f. 1/1/90. The Govt. employee
was given option to continue with the subscription towards GIS at the old value of unit i.e. Rs.10/-, if
they so desire.
4. The insurance cover provided under this scheme is Rs.1000/- against each rupee subscription, in case
of sudden death during service. Thus at present a class IV employee who is a member of Group D, is
provided with an insurance cover of Rs.15000/-, Class III (Group C) employee of Rs.30000/-, and Class II
(Group B) officer of Rs.60,000/- and a Class I(Group A) officer of Rs. One Lakh twenty thousands against
the subscription of Rs.15/30/60/120 respectively.
5. 5/16 of the amount of subscription i.e. 31.25% of GIS w.e.f. 10/82 to 9/88 and 30% of subscription w.e.f.
10/88 onwards is credited into the govt. account for providing insurance cover to the members of
scheme.
6. The remaining amount of subscription i.e. 68.75% of subscription from 10/82 to 9/88 and 70% from 10/88
onwards is credited into the GIS saving fund account of subscriber with interest (compounded
quarterly) every year. The rates of interest for GIS saving fund under the scheme are as under:
i) 10/1982 to 9/1983 = 10%
ii) 10/1983 to 9/1987 = 11%
iii) 10/87 to 12/2000 = 12%
iv) 1/2001 to 12/2001 = 11%
v) 1/2002 to 12/2002 = 9.5%
vi) 1/2003 to 12/2003 = 9%
vii) 1/2004 to 12/2008 = 8%
7. In case of death while in service, the nominee of the family of the govt. employee is entitled to the
amount of insurance at the rate of 1000/- against each Rupee of subscription, being paid at the time of
death.
G.I.S. Form.
FORM G.I. No.11.
(Referred to in Para (V)(a) and (VI) of Appendix-VIII)..
Saving Fund/Insurance Fund Subscription Account for the period 1.1.......... to 31.12...........
1) Account No. :
115
GROUP INSURANCE SCHEME
VOLUME II
49
2) Group of Service :
3) Name of Employee :
4) Date of membership :
5) Subscription :
6) Amount of subscription transferred to the Insurance Fund Rs.____________
7) Amount of subscriptions credited to the Savings Fund Rs.____________
during the current year (Item No.5(-) Item No.(6).
8) Opening balance of the Saving Fund (including Rs.____________
interest)
9) Interest allowed at the end of the year on the Saving Rs.____________
Fund Credits.
10) Closing balance of the Saving Fund (Including interest Rs.____________
(item No.(7)+(8)+(9))
11) Payment, if any, made during the year________ Rs.____________
(a) to the employee from Saving Fund Rs.____________
(b) in respect of employee from the insurance fund. Rs.____________
Dated:_____________ Drawing and Disbursing Officer
116
Month Treasury Voucher No. and date. Amount of subscription deducted (In Rupees)
January
February
March
April
May
June
July
August
September
October
November
December
Total
CIVIL FORMS
117
LIST OF IMPORTANT FORMS OF
PROCESSES (CIVIL AND CRIMINAL)(As contained in High Court Rules and Orders
Volume 6, Part –A and B-1)
50
Sr. No. Form No.
Description of form Rule/Section of CPC under which required
1. 2 Summons for settlement of issues. Order V, Rule 1 & 5
2. 14 Summons to witness. Order XVI, Rule 1 & 5
3. 17 Warrant of arrest of witness. Order XVI Rule 10
4. 32 Decree in original suit. Order XX rules 6 & 7
5. 33 Simple money decree. Section 34 CPC
6. 34 Money decree to be paid by installments. Order XX, rule 11
7. 35 Decree in suits for possession, etc. Order XX, rule 9 & 10
8. 36 Ex parte money-decree. Section 34 CPC
9. 39 Preliminary decree for foreclosure. Order 34 rule 2
10. 40 Final decree for foreclosure. Order 34 rule 3
11. 42 Preliminary decree for sale Order 34 rule 4
12. 43 Final decree for sale Order 34 rule 5
13. 56 Precept. Section 46 CPC
14. 57 Order Sending Decree to Another Court for execution.
Order XXI, rule 6
15. 58 Certificate of Non-satisfaction of Decree. Ditto
16. 59 Certificate of Execution of Decree Sent to Another Court.
Ditto
17. 61 Notice to show cause why execution should not issue.
Order XXI, rule 16
18. 62 Warrant of attachment of movable property in execution of a decree for money
Order XXI, rule 30
19. 65 Warrant to Bailiff to give possession of Land, etc.
Order XXI, rule 35
.
118
20. 67 Warrant of arrest in execution Order XXI, rule 38
21. 75 Order to attach the salary of a Public Officer or servant of Railway Company or Local Authority.
Order XXI, rule 48
22. 80 Prohibitory order where the property consists of immoveable property.
Order XXI, rule 54
23. 84. Notice of the day fixed for settling a sale proclamation.
Order XXI, rule 66
24. 85 Proclamation of sale. Ditto
25. 86 Order on the Nazir for causing service of proclamation of sale.
Ditto
26. 94 Certificate of sale of land. Order XXI, rule 94
27. 95 Order for delivery to certified purchaser of land at a sale in execution.
Order XXI rule 95
28. 96 Summons to appear and answer charge of obstructing execution of decree.
Order XXI, rule 97
29. 100 Warrant of attachment of immovable property in execution of a decree for money.
Order XXI, rule 30
30. 104 to 107
Attachment before Judgment. Order XXXVIII, rule 7
31. 121 Notice to respondent of the day fixed for the hearing of the appeal.
Order XLI, rule 14
32. 124 Decree in appeal. Order XLI, rule 35
33. 125 Notice of appeal in forma pauperis. Order XLIV, rule 1
34. 126 Precept directing inquiry into alleged pauperism of Appellant.
Order XLIV, rule 2
35. 174 Form of Certificate under the Indian Succession Act,1925, Part X.
Form under Special Acts.
36. 175 Extended Certificate. Ditto
37. 176 Grant of Probate under Section 289 of the Indian Succession Act,1925.
Ditto
38. 177 Grant of letters of Administration Under Section 290 of the Indian Succession Act,1925.
Ditto
39. 181 Order to the Officer-in-charge of a prison to produce a Prisoner to give evidence.
Section 3(1) and First Schedule of Act No.32 of 1955.
40. 182 Certificate for refund of Court-fees paid on a plaint, under section 10 of Act VII of 1870.
CRIMINAL FORMS
119
41. 241 Index of papers for Civil Cases Volume 6, Part A-III
42. 250 Form for Cause List for original courts Ditto
43. 251 Cause List for Appellate Court Ditto
Sr. No. Form No.
Description of form Rule/Section of CrPC under which required
1. 1 Summons to an accused person in a summons case.
68
2. 2 Summons to an accused person in a warrant case.
68
3. 4 Warrant of arrest. 75
4. 6 Proclamation requiring the appearance of al person accused.
87
5. 7 Proclamation requiring the attendance of a witness.
87
6. 8 Order of attachment to compel the attendance of a witness.
88
7. 9 Order of attachment to compel the appearance of a person accused.
88
8. 12 Warrant to bring up a witness after a summons.
90
9. 41 Summons to call witness. 244, 252 and 257
10. 46 Warrant of commitment under sentence of death.
374
11. 47 Warrant of execution on sentence of death.
381
12. 48 Warrant after communication of a sentence of death.
Sections381 & 382
13. 50 Warrant of commitment on a sentence of imprisonment by a Magistrate.
383
14. 51 Warrant of commitment on a sentence of imprisonment by a Sessions Judge.
Ditto
15. 53 Order to the police to make demand for payment of fine.
386
16. 54, 55 Warrant by a Magistrate/Sessions Judge to levy a fine by distress and sale.
Ditto
17. 65 Order of maintenance. 125 CrPC
.
120
18. 66 Warrant enforcing the payment of maintenance by attachment and sale.
Ditto
19. 85 Sessions Judge's warrant for release upon acquittal on appeal or revision.
Prescribed by the High Court.
20. 92 Warrant for the release of prisoner on bail. Ditto
21. 95 Warrant of commitment to judicial lock up. Rule XV(i) of the Rules relating to Judicial Lock-ups.
22. 111 Order to Officer in charge of a prison to produce a prisoner to give evidence.
Form under Special Acts.
23. 112 Order to officer in charge of a prison to produce a prisoner to answer a charge.
Ditto
24. 141 Certificate for refund of fine. Misc. Form
25. 142 Receipt acknowledging payment of fine. Ditto
26. 143 Calendar of a case committed to the Sessions.
Prescribed by the High Court..
27. 167 Index of papers for criminal cases Volume 6 Part B-III
28. 174 Fine Slip Ditto
CIVIL REGISTERS
The following civil registers are required to be maintained under High Court Rules and orders Volume VI-A.
121
LIST OF REGISTERS TO BE
MAINTAINED
(CIVIL & CRIMINAL)
51
No. of register
Name of Register Court in which to be kept
Official by whom to be kept
Remarks
I Register of Civil Suits All Courts of Civil Judges.
Ahlmad Names of counsel for the parties should be entered
II Register of Misc.suits cognizable only by a Principal Court of original jurisdiction.
Courts of District Judges./Addl.District Judges.
-do- -do-
III Register of Divorce and Matrimonial cases.
Courts of District Judges/Addl.District Judges/Civil Judges.
-do- -do-
IV Register of cases under the Land Acquisition Act.
Courts of District/Addl.District Judges.
-do- -do-
V Register of Probates, Letters of Administration and Succession Certificates granted.
Courts of District/Addl. District Judges and Civil Judges (Where empowered)
-do- -do-
VI Register of Miscellaneous petitions and applications.
All Civil Courts Ahlmad
VII Register of applications to sue and appeal as a pauper.
-do- -do-
VIII Register of rejected and; returned plaints and memorandum of plaints.
-do- Reader
IX Register of dates fixed for trial of original suits, appeals and execution of decrees.
a) Courts of District Judges
(b) Other Civil Courts..
(a) Ahlmad(b) Reader
122
X Register of execution of decrees.
Ditto Execution Moharrir
XI Register of miscellaneous petitions in execution of decrees.
Ditto Ditto
XII Register of application for; review in suits and appeals for amendment of decrees.
Ditto Ahlmad
XIII Register of appeals from decrees.
District Court Ahlmad
XIV Register of Miscellaneous appeals.
Ditto Ahlmad
XV Record keeper's General Register of suits land appeals disposed of.
Record Room General and District Judges.
Record Keeper
XVI Register of Judgment debtors imprisoned in execution of decrees.
All Civil Courts. Ahlmad
XVII Register of persons punished for contempt of Court.
Ditto Reader
XVIII Register of stamp deficiencies to be maintained by courts and offices.
Ditto Reader
XIX Register of Commissions.
Ditto Reader or Clerk of Court
XX Register of Process-Servers.
Courts of Civil Judge (Sr. Division) at District Headquarter and Addl. Civil Judge, Sr. Division at Tehsil Headquarter.
Nazir
XXIB Register of commissions issued to the Special Qanungo.
All Civil Courts Ahlmad
XXIC Register of Inspection notes.
District Judge. Superintendent
XXII Register of warrants executed by Bailiffs.
Courts of Civil Judge Sr. Division at District Headquarter and Addl. Civil Judge, Sr. Div is ion at Tehsi l Headquarter.
Civil Nazir/Naib Nazir
123
XXIII Register of processes served by Process-Servers.
Ditto Naib Nazir
XXIV Register of documents returned.
(a) All Civil Courts(b) All Record
Rooms.
Reader
Record Keeper
XXV Register of deposits and refunds of commission on sale proceeds in execution proceedings.
(a) Courts of District Judge
(b) All Civil Courts.
Reader
Ahlmad
XXVI Register relating to the property of minors and annual accounts of their estates.
(a)Courts of District Judge
(b)Sub Judge, where empowered.
Ditto
XXVII Register of persons adjudicated insolvents and administration of their estates.
All courts exercising insolvency jurisdiction.
Ditto
XXVIII Register of applications under Section 31 of the Punjab Relief of Indebtedness Act,1934.
All Civil Courts. ReaderAhlmad
XXIX Register of Diaries of Process-Servers.
All Civil Courts. Process Server or Bailiff
XXX Register of declaration under the Muslim Personal Law(Shariat) Application Act,1937.
Ditto Reader
XXXI Register of Records under the Muslim Personal Law (Shariat) Application Act,1937.
Record Room Record Keeper
XXXII Register of Appeals under the Muslim Personal Law(Shariat) Application Act,1937
District Judge. Ahlmad
XXXIII Register showing the decrees transferred to other courts and vice-versa.
All Civil Courts. Ahlmad
XXXIV Register of applications for revision under section 65 of the Punjab Gram Panchayats Act, 1952(P. Act No. IV of 1953.
Court of the District Judge or any Court to which these powers may be deli gated under sub-section (4) of Section 95 of the Act.
Reader or Ahlmad at the discretion of the Court.
CRIMINAL REGISTERS
The following criminal registers are required to be maintained under High Court Rules and orders Volume
VI-B)
124
No. of register
Name of Register Court in which to be kept
Official by whom to be kept
Remarks
I Register of Cases under Indian Penal Code.
All Magistrates' Courts.
Ahlmad
II Register of Cases under Special And Local Laws And the Criminal Procedure Code.
All Magistrate's Courts.
Ahlmad
III Register of Miscellaneous Criminal cases.
Ditto Ahlmad
IV Register of decided cases in each court.
All Magistrates' Courts.
Ditto
V Register of Sessions Trials. Sessions Courts. Ditto
VI Register of Appeals and Revision in Criminal Cases.
Ditto Ditto
VII Register of Dates fixed for Trial of Criminal Cases Including Dates Or Receipt of Cases Sent Up for Trial By the Police.
All Courts. Reader
VIII Register of Judicial fines. (a) Courts of Session(b) Courts of all
Magistrates.
Readers
IX Register of Judicial Fine realization.
Ditto Ditto
X Record Keeper's General Register of Decided Criminal Cases.
(a) Record Room District Courts.
(b) Record Room General.
Record Keeper
XI Register of Summary Trials.
All Magistrates' Courts.
Reader
XII Register of Road and Diet money of witnesses.
All Criminal Courts. Reader
XIII Register of Traffic Cases. All Magistrates' Courts.
Ahlmad/Summary Clerk
XIV Register of Bail applications presented
All Criminal Courts. Ahlmad
XV Register of First Information Reports.
All Magistrates Courts.
Ahlmad/Clerk
The following are the important forms and registers to be maintained as required in High Court Rules and
Orders Volume 2, Part D & E and Volume 6 Part A-IV)
125
IMPORTANT FORMS AND REGISTERS REQUIRED
TO BE MAINTAINED UNDER SHERIFF'S PETTY ACCOUNT,
CIVIL COURT DEPOSIT ACCOUNT AND PROCESS SERVING AGENCY
52
Sr. No. Form/Register No. Name of Register/ Form
1. 1 Register of Receipts of Sheriff's Petty Account Deposit.
2. 2 Register of disbursements of Sheriff's Petty Account Deposits.
3. 3 Cash Book of Sheriff's Petty Account showing cash balance in the hand of Nazir each day.
4. 4 Treasury Pas Book for the Sheriff's Petty Accounts.
5. 5 Receipt Book
6. 6 Register of processes including warrants etc. received from______Tehsil/District________ with/without diet money or Munadi fee by the process-serving agency.
7. 7 Note book of Process-Server attached to the Court of___________.
8. 8 Payment order on Sheriff's Petty Account.
9. 11 Statement of Lapsed Deposits of the________ Treasury for the year ________20_____.
10. 12 Refund of Lapsed Deposits.
11. 13 Stock Book of Form OF Receipt book/cheque book.CCD Registers.
12. 1 Note Book of-----------------Execution Bailiff.
13. 3 Register of Receipts of Civil Court Deposits. (Voucher System)
14. 7 Voucher (D.R.O.Form)
15. 16 Refund of Lapsed Deposits.
16. 17 Intermediate register of money orders etc. received in the court of________.
17. XXII Register of Warrants Executed by Bailiffs.
18. XXIII Register of Processes Served by Process-Servers.
The courts exist to promote justice and thus to serve public interest. The justice delivery should be speedy
and careful. The people who come to court to seek justice are troubled lot. Most of them are illiterate and
they fall prey to unscrupulous person who comes in contact with them in the court premises. They are
cheated and looted. The employee should remember that they are public servants and they are
supposed to render service to the litigant persons. They should not understand that the litigants are made
for the courts instead they should remember that the courts are for the litigants. The staff is the hands and
tools of the Presiding Officer. The staff should be prompt and punctual in the performance of their duties in
making compliance of the court orders recognizing that the time of counsel, litigants and of the court is of
value and that inaction on their part creates lot of delay, dissatisfaction in the administration of justice.
They should organize their work with a view to prompt and convenient dispatch of their business. It is
desirable that they should cooperate with their colleagues, litigant public, lawyers and their Presiding
Officers. They all are members of single judicial system to promote the more satisfactory administration of
justice.
The employees should be courteous to the counsel, especially those who are young and inexperienced
and also to all others appearing or concerned in the administration of justice in the court. They should not
accept any presents or favour from the litigants or from lawyers or their Clerks practicing in the court or
from others who have some work in the courts. They should work honestly, diligently and efficiently to
dispose of the business assigned to them by the court, so that the judicial officers may not feel any
difficulty in disposing of the cases and they should not be a cause in the delay of disposal of judicial work.
Whenever any person approaches the court staff, it is incumbent upon them to properly listen him about
his grievance, about the work and any help he needs. He should not interrupt him while he is talking. Most
of the litigants are illiterate; therefore, they are required to be treated with humanity. If the employee feels
that he can do the work, he should inform and tell him by what time the work will be done and if he is
unable to do or if it is to be done by some body else, because the matter relate to some other court, he
should politely guide and tell him the name of person to whom he should contact. So far as the Clerks
attached to lawyers are concerned, they are to do most of the work on behalf of their lawyers. They help
in the completion of the process of the court. The employee should, therefore, treat them as their
colleagues and help them in whatever manner they can. They should not pick up quarrels with them nor
they should loose temper on any petty matters. They should not share any intoxicant with them for
showing favour to them. Whenever any Advocate comes to the-- room of Ahlmad for inspecting the file
or to get some information about any pending case, the employee concerned should offer him a chair
and show him due courtesy because they are officer of the court and they play an important role in the
administration of justice. Some specific time should be fixed for inspection of files when they can inspect
the files so that they may not feel harassed. The time so fixed should be put on the notice board so that
the advocates may know at what time the Ahlmad will be available for inspection of files etc.
The employees are required to be courteous and well behaved to their junior colleagues and they must
show respect to their senior colleagues. They should try to help them whenever they require help
otherwise they can politely ask them to come at a time when they can be helpful. They should be very
126
CANNONS OF JUDICIAL ETHICS, CONDUCT
TOWARDS LITIGANT PUBLIC, CO-EMPLOYEES
AND ADVOCATES
53
respectful to their Presiding Officers and they should promptly do the business assigned to them by the
Presiding Officer and there should be no cause of complaint against them by the officer. They should
remember that it is a collective responsibility to render proper, immediate and correct administration of
justice. There should be no cause of complaint from the litigant public, their Advocates and Clerks, their
colleagues and the Presiding Officers under whom they are working.
127
Right to information Act 2005(Act 22 of 2005) also applies, to certain extent, to the administrative set up of
the judicial courts. The Hon'ble High Court in exercise of the powers conferred under Section 5(1) and (2)
of RTI Act 2005, has framed the rules known as ““Punjab Subordinate Courts (Right to Information) Rules,
2007” which are to be added as part-F after part –E of Chapter 5 of Rules and orders of Punjab and
Haryana High Court Volume 4. These rules have come into force w.e.f. 17.8.2007 on which the same were
published in Punjab Govt.Gazette (Extra). Other provisions to be observed under the RTI Act, 2005 and the
High Court of Punjab and Haryana (Right to Information) Rules, 2007 are as under:
PUNJAB GOVT GAZ.(EXTRA.),AUGUST 17, 2007
(SRAVANA 26, 1929 SAKA)
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Correction SlipthThe 14 August,2007
No. 142 Rules/II.D.4. Dated 14-8-2007
The following Rules shall be added as Part F after Part E of Chapter 5 of Rules and Orders of Punjab High
Court, Volume 4.
In exercise of powers conferred by sub-section(1) of Section 28 read with Section 2(e)(iii) of the Right to
Information Act,2005 (22 of 2005),Hon'ble the Chief Justice and Judges of the High Court of Punjab and
Haryana are pleased to make the following rules, namely:
1. Short title and commencement
(a) These rules shal l be cal led the “Punjab Subordinate Courts (Right to
Information)Rules,2007”.
(i) These rules shall come into force from the date of their publication in the official
Gazette.
(ii) These rules shall be applicable to all the subordinate courts in the State of Punjab.
2. Definitions
(I) In these rules, unless the context otherwise requires:
(a) Act' means the Right to Information Act,2005 (22 of 2005).
(b) Appendix' means the appendix appended to these rules.
(c) Authorized Person' means Public Information Officer and Assistant Public
Information Officer designated as such by the Hon'ble Chief Justice and Judges of
the High Court.
(d) Appellate Authority' means designated as such by the Hon'ble Chief Justice and
Judges of the High Court.
(e) Administrative Officer' means the Chief Administrative Officer/Superintendent of
the office of District & Sessions Judge.
(f) Chief Ministerial Officer' means ( the Senior most official out of cadre of
Readers/Judgment Writers/Stenographers as case may be) of the Court presided
128
RIGHT TO INFORMATION ACT
54
over by the senior most Judicial Officer at the station having more than one Court
other than the District Head quarters and the Chief Ministerial Officer of the Court
where there is only one court at a station.
(g) Competent Authority' means the Hon'ble Administrative Judge of the concerned
Sessions Division as a delegatory of the competent authority as defined in the Act.
(h) Form' means a form appended to these rules;
(i) High Court' means the High Court of Punjab and Haryana.
(j) Section' means the section of the Act.
(ii) Words and expressions used but not defined in these Rules, shall have the same meaning
assigned to them in the Act.
3. Application for seeking information
Any person seeking information under the Act shall make an application in Form A to the authorized
person, between 11.00 A.M. to 1.00 P.M. on a Court working day and shall deposit application fee as per
Rule-7 by paying adhesive court fee, or in any other form so determined by the competent authority from
time to time.
Provided that a person, who makes a request through electronic form, shall ensure that the requisite fee
is deposited with the authorized person, in the manner mentioned above, within seven days of his sending
the request through electronic form, failing which, the application shall be treated as dismissed.
Provided further that the date of application shall be deemed to be the date of deposit of the entire fee
or the balance fee or deficit amount of the fee to the authorized person.
4. Exemption from disclosure of information
The information specified under Section 8 of the Act shall not be disclosed and made available and in
particular the following information shall not be disclosed:
(a) Such information, which is not in the public domain or does not relate to judicial functions
and duties of the Court and matters incidental and ancillary there to.
(b) Information which has been expressly forbidden to be published by the court or the
disclosure whereof may constitute Contempt of Court; or information which includes
commercial confidence, trade secrets or intellectual property, the disclosure of which
would harm the competitive position of a third party, unless the competent authority is
satisfied that larger public interest warrants the disclosure of such information; or
information which would impede the process of investigation or, apprehension or
prosecution of offender; or information which relate to any public activity or interest; or
which would cause unwarranted invasion of the privacy of the individual unless the Public
Information Officer or the Appellate Authority, as the case may be, is satisfied that the
larger public interest justifies the disclosure of such information.
(c) Any information affecting the confidentiality of any examination/selection process.
(i) Conducted by the District and Sessions Judge under Punjab Subordinate Courts
Establishment(Recruitment and General Conditions of Service) Rules,1997 as
amended from time to time.
The question of confidentiality shall be decided by the Competent Authority, and in case of the
information related to a Sessions Division by the Administrative Judge of the said Sessions Division acting as
a delegatee of the competent authority, whose decision shall be final.
5. Restriction to supply information
Information which is to be furnished and access to record shall be subject to the restrictions and
prohibitions contained in rules /regulations /administrative decisions and destruction of record enforced
from time to time which may have been notified or implemented by the High Court of Punjab and
Haryana.
129
6. Disposal of applications by the authorized persons
(i) If the requested information does not fall within the jurisdiction of the authorized
person, he shall order return of the application to the application in Form –C as
expeditiously as possible, in any case, within 30 days from the date of receipt of
application, advising the applicant, wherever possible, about the authority concerned to
whom the application should be made. The application fee deposited in such cases shall
not be refunded.
(ii) If the requested information falls within the authorized person's jurisdiction and also in
one or more of the categories of restrictions listed in Sections 8 and 9 of the Act and Rule 5
above and exemptions detailed in Rule 4 above, the authorized person, on being satisfied,
will issue the rejection order in Form 'D' as soon as practicable, normally within fifteen days
and in any case not later than thirty days from the date of the receipt of application.
(iii) If the requested information falls within the authorized person's jurisdiction, but not in
one or more of the categories listed in Section 8 and 9 of the Act and Rules 4 and 5 above,
the authorized person, on being so satisfied, shall supply the information to the applicant in
Form 'E', falling within its jurisdiction. In case the information sought is partly outside the
jurisdiction of the authorized person or partly falls in the categories listed in Sections 8 and 9
of the Act, the authorized person shall supply only such information as is permissible under
the Act and is within its own jurisdiction and reject the remaining part giving reasons
thereof.
(iv) The information shall be supplied as soon as practicable, normally within fifteen days and in
any case not later than thirty days from the date of the receipt of the
application on deposit of the balance amount, if any, to the authorized person,
before collection of the information. A proper acknowledgment shall be obtained
from the applicant in token of receipt of information.
(v) In so far as decisions, which are taken administratively or quasi, judicially information
thereof, shall be available only to the affected persons.
7. Charging of fee
(i) The authorized person shall charge the fee for supply of information at the following rates:
(ii) The fee for inspection of documents or record shall be Rs. 10 per fifteen minutes or a
fraction thereof and Rs.20 per 15 minutes in case the information is required under
Section 7 of the Act, for the inspection of record/document.
(iii) The fees given above may be varied/enhanced by the competent authority from time to time.
130
Sr. No. Description of information. Price/Fee in rupees
A) Where the information is available in the form of priced publication.
On printed price.
B) For other than priced publication. Rupees ten per page and rupees twenty in case the information is required under Section 7 of the Act with minimum of Rs. fifty per application
C) Where information is available in electric form and is to be supplied in electronics form e.g. Floppy, CD etc.
Rupees one hundred per Floppy and Rupees two hundred per CD.
D) Information relating to tenders documents/bids/quotation/business contract.
Rupees five hundred per application.
(iv) Every page of information to be supplied shall be duly authenticated and shall bear the seal of
the officer concerned supplying the information.
(v) During inspection the applicant shall not be allowed to take the photograph of the
record/document. The applicant shall not cause any hindrance to the Office work and shall
cooperate with the staff and complete the inspection as soon as possible. The Public
Information Officer concerned shall have the right to fix the time and date of the inspection
according to administrative convenience and his/her decision shall be final
(vi) A Court Fee of Rupees One hundred per appeal shall be affixed on the application for appeal
in Form F.
8. Appeal
(i) Any person
(a) who fails to get a response in Form C or Form D from the authorized person within
thirty days of submission of Form A, or
(b) is aggrieved by the response received within the prescribed period, appeal in
Form 'F' to the Appellate Authority and affix fee for appeal as per rule 7.
(ii) On receipt of the appeal, the Appellate Authority shall acknowledge the receipt of appeal
and after giving the applicant an opportunity of being heard, shall endeavour to dispose it of
within thirty days from the date, on which it is presented and send a copy of the decision to the
authorized person concerned.
(iii) In case the appeal is allowed, the information shall be supplied to the applicant by the
authorized person within such period as may be ordered by the Appellate Authority. This period
shall not exceed thirty days from the date of the receipt of the order.
9. Penalties
(i) Whoever being bound to supply information fails to furnish the information asked for, under the
Act, within the time specified or fails to communicate the rejection order, shall be liable to
pay a penalty up to Rs. 50 per day for the delayed period beyond 30 days subject to a
maximum of Rs. 500/- per application, filed under rule 3 as may be determined by the
Appellate Authority.
(ii) Where the information supplied is found to be false in any material particular and which the
person is bound to supply it, knows and has reasons to believe it to be false or does not
believe it to be true, the person supplying it shall be liable to pay a penalty of One thousand
rupees to be imposed by the appellate authority.
10. Suo motto publication of information by public authorities
(i) The public authority shall suo motto publish information as per Sub Section (I) of Section 4 of
the Act by publishing booklets and /or folders and/or pamphlets and update these
publications every year as required by sub section 1 of Section 4 of the Act.
(ii) Such information shall also be made available to the public through information counters,
medium of Internet and display on notice board at conspicuous places in the office of the
authorized person and the appellate authority.
11. Maintenance of record
(I) The authorized person shall maintain the records of all applications received for supply of
information and fee charged.
(ii) The appellate authority shall maintain records of all appeals, filed before it and fee charged.
131
FORMS REQUIRED UNDER THE ACT
Form-A
Form of application for seeking information
(See Rule 3)
I.D.No________
(For official use)
To
The authorized person.
___________________________
1. Name of the applicant.
2. Address
3. Particulars of information sought
(a) Concerned department District Courts-Sub Divisional Courts.
(b) Period for which information is sought.
(c) Other details, if any
4. A Court fee of Rs…….. has been affixed on the application.
Note: (i) Please ensure that the Form A is complete in all respect and there is no ambiguity in
providing the details of information required.
132
PlaceDate
Signature of the applicant E.mail address,if any:Telephone No.(Office)(Residence)
FORMS REQUIRED UNDER THE ACT
Form-A
Form of application for seeking information
(See Rule 3)
I.D.No________
(For official use)
To
The authorized person.
___________________________
1. Name of the applicant.
2. Address
3. Particulars of information sought
(a) Concerned department District Courts-Sub Divisional Courts.
(b) Period for which information is sought.
(c) Other details, if any
4. A Court fee of Rs…….. has been affixed on the application.
Place Signature of the applicant
Date E-mail address, if any:
Telephone No.(Office)
(Residence)
Note: (i) Please ensure that the Form A is complete in all respect and there is no ambiguity in
providing the details of information required.
133
FORM –B
Acknowledgement of Application in form A
I.D.No. Dated
1. Received an application in Form A from Mr/Ms. resident of_____ under section_______
of the Right to Information Act,2005.
2. The information is proposed to be given normally within fifteen days and in case within thirty
days from the date of receipt of application and in case it is found that the information
asked for cannot be supplied, the rejection letter shall be issued stating reason thereof.
3. The applicant is advised to contact the undersigned on_____ between 11.00 A.M. to 1.00
P.M.
4. In case the applicant fails to turn up on the scheduled date(s), the undersigned shall not be
responsible for delay, if any.
5. The applicant shall have to deposit the balance fee, if any, before collection of
information.
6. The applicant may also consult Web site of the department from time to time to ascertain
the status of his application.
Place Signature of the applicant
Date E-mail
Website
Telephone No.
134
FORM-C
Outside the Jurisdiction of the authorized person
rule 6(i)
No. Dated
From
…………………………
………………………..
To
……………………….
……………………….
Sir/Madam,
Please refer to your application, ID No……..dated…….. Addressed to the undersigned regarding
supply of information on…………..
1. The requested information does not fall within the jurisdiction of the undersigned and,
therefore, your application is being returned herewith.
2. You are requested to apply to the concerned authorized person.
Yours faithfully,
Authorized Person
E-mail address
Web-site
Telephone No…………
135
Form D
Rejection Order
Rule 6(ii)
No._____________ Dated_____________
From
…………………………..
…………………………..
To
.……………………….
………………………..
Sir/Madam,
Please refer to your application I.D.No……dated ………addressed to the undersigned regarding
supply of information on………….
1. The information asked for cannot be supplied due to following reasons:-
(i)
(ii)
2. As per Section 19 of the Right to Information Act,2005, you may file an appeal to the
Appellate Authority within thirty days of the issue of this order
Yours faithfully
Authorized PersonE-mail addressWeb-siteTelephone No.
136
Form-E
Form of supply of information to the applicant
Rule 6(iii)
No…………… Dated…………
From
………………………
………………………
To
……………………..
…………………….
Sir/Madam,
Please refer to your application I.D.No……..dated………. addressed to the undersigned regarding
supply of information on _______________.
or
1. The information asked for is enclosed for reference.*
The following partly information is being enclosed.*
(I)
(ii)
The remaining information about the other aspects cannot be supplied due to following
reasons: *
(I)
(ii)
(iii)
2. The requested information does not fall within the jurisdiction of the undersigned.*
3. As per Section 19 of the Right to Information Act,2005, you may file an appeal to the
Appellate Authority within thirty days of the issue of this order.*
Yours faithfully
Authorized Person
E-mail address
Web-site
* Strike out if not applicable.
137
Form-F
Appeal under Section 19 of the Right to Information Act,2005
Rule 8(i)
I.D.No…………..
(for official use)
To
Appellate Authority
Address:
1. Name of the Applicant
2. Address
3. Particulars of the authorized person
(a) Name
(b) Address
4. Date of submission of application in Form A.
5. Date on which 30 days from submission of Form A is over
6. Reasons for appeal
(a) No response received in Form B, or C within thirty days of submission of From A
8(i)(a).
(b) Aggrieved by the response received within prescribed period 8(i)(b) (copy of the
reply received be attached).
(c) Grounds for appeal
7. Last date for filing the appeal See rule 8(iii)
8. Particulars of information:-
(i) Information requested
(ii) Subject
(iii) Period.
9. A court fee of Rs.100/- for appeal has been affixed.
Place Signature of Applicant
Date E-mail Address, if any
Telephone No.(office)
(Residence)
138
Acknowledgment
I.D.No. Dated
Received an Appeal application from Shri/Ms………………………. resident of………………………under
Section 19 of the Right to Information Act,2005.
Yours faithfully
Authorized Person
E-mail address
Web-site
Telephone No.
BY ORDER OF HON'BLE THE CHIEF JUSTICE AND JUDGES
REGISTRAR GENERAL
139
PUNJAB GOVT GAZ. (EXTRA),AUGUST 17,2007
(SRAVANA 26, 1929 SAKA)
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NOTIFICATION
No.326 Rules/II.D.4. Dated 16-8-2007
In exercise of the powers conferred under Section 5(1) and (2) of the Right to Information Act,2005,
Hon'ble the Chief Justice and Judges of Punjab and Haryana High Court have been pleased to
designate the following officers as the Assistant Public Information Officers, Public Information Officers
and the First Appellate Authorities for the Subordinate Courts of Punjab, as required under Section 19 of
the Right to Information Act,2005:
By Order of Hon'ble the Chief Justice and Judges,
Registrar General
140
Sr.No.
Name of the Court Assistant Public Information Officer
Public Information Officer
Appellate Authority
1. (a) Court of District and Sessions Judges and Courts of Additional District and Sessions Judges at District Headquarters
Chief Ministerial Officer of the court of District & Sessions Judge
Chief Admn. Officer/ Superintendent in the office of District and Sessions Judge
District and Sessions Judge of the respective Division
(b) Court of Additional District and Sessions Judges at places where there is no District & Sessions Judge
Senior most Ahlmad/ Stenographer
Chief Ministerial Officer of the court of senior most Additional District & Sessions Judge
Senior most AdditionalDistrict & Sessions Judge
2. Court of Civil Judge (Sr. Divn.)
Chief Ministerial Officer of the court
Clerk of Court of the office of Civil Judge (Senior Division)
Civil Judge (Senior Division).
3. Courts of Chief Judicial Magistrate
Senior most Ahlmad/ Stenographer
Chief Ministerial Officer of the court
Chief Judicial Magistrate
4. Courts of Civil Judges situated at places other than the District Headquarters
Senior most Ahlmad/ Stenographer
Chief Ministerial Officer of the senior most Judicial Officer
Senior most Judicial Officer
5. Courts of Judge Small Cause
Chief Ministerial Officer of the respective court
Registrar Small Cause Courts
Judge, Court of Small Cause
6. Courts of Additional Civil Judge (Senior Division.) or Court of Senior most Civil Judge at Sub Divisional level.
Senior most Ahlmad/ Stenographer
Chief Ministerial Officer of the senior most Judicial Officer
Senior most Judicial Officer
Note: Similar rules called” Haryana Subordinate Courts (Right to Information) rules,2007” applicable to the
subordinate courts in the State of Haryana, have been published in the official gazette vide Correction
Slip No.140 Rules/II.D.4 dated 14.8.2007 and rules called “Chandigarh Union Territory Subordinate Courts
(Right to Information )Rules 2007” applicable to all the subordinate courts in the Union territory,
Chandigarh have been published in the official gazette vide Correction Slip No.141 rules/II.D.4 dated
14.8.2007.
141
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d/ fttjkoe jZb g/;a eoB bJh nfXn?B eo/rk ns/ fJ; gqfeqnk bJh fJj ;?ANo w?r;hgk fty/ ;Ekgs f;ybkJh ns/ y'i^nfXn?B d/
tZy tZy ft;ak e/AdoK dh ;jkfJsk bt/rk.
Bkb jh fJj ;?ANo ftXkB ;Gk d/ eko'pkoh ;w/A dk g{ok ns/ bkj/tzd T[g:'r eoB bJh y'i, nfXn?B ns/ ft;ab/;aD eoe/ ;[Mkn d/t/rk
ns/ w"i{dk ns/ ;kpek n?wHn?bHJ/H ;kfjpkB ftZu b'eBhsh, ekB{zB ns/ gq;ak;B pko/ nekdfwe o[MkB g?dk eo/rk.
wB'oE (Objects)
ftXkB ;Gk ;NZvh ;?ANo d/ wB'oE fJ; gqeko jBL
Gkr (T)L iBob
1H ftXkBekoK, b'e^BhshekoK, b'e gq;ak;B d/ wkfjoK ns/ ftukoeK ns/ j'o iBse nkr{nK ftZueko bkj/tzd ;ztkd dh ftt;Ek
eoBk.
2H w"i{dk ns/ ;kpek n?wH n?bH J/H ;kfjpkB ftZu b'eBhsh, ekB{zB ns/ gq;ak;B pko/ nekdfwe o[MkB g?dk eoBk.
3H ftXkBekoK B{z fJ; ;z;EkB fty/ ;Ekfgs ft;ak e/AdoK d[nkok ehs/ rJ/ nfXn?B ns/ f;ybkJh ;pzXh ikDekoh T[gbpX eoBk.
4H b'e^Bhsh d/ ftf;anK ns/ oki B{z dog/;a nkT[AdhnK ;wZf;nktK dk n?wHn?bHJ/H ;kfjpkB dh ikDekoh fjZs ft;ab/;aD eoBk
ns/ T[g:'rh ;[Mkn b?D/ s/ d/D/ .
5H ;oekoh gq'rokwK ns/ BhshnK pko/ n?wH n?bH J/H ;kfjpkB B{z b'VhAdh ikDekoh d/Dh.
6H u[D/ rJ/ Bt/A ftXkBekoK B{z ftXkB ;Gk d/ fB:wK, ezw^eki ns/ ;z;dh otkfJsK s'A ikD{eotkT[Dk.
Gkr(n)L nfXn?B ;pzXh
1H ftXkB ;Gk dhnK ew/NhnK d/ ezw^eki dk nfXn?B eoe/ T[; B{z bkj/tzd pDkT[D bJh ;[Mkn d/D/.
2H ftXkB ;Gk d/ eko'pkoh ;w/A dk g{ok ns/ bkj/tzd T[g:'r eoB bJh y'i, nfXn?B ns/ ft;ab/;aD eoe/ ;[Mkn d/D/.
3H ftXkB ;Gk ns/ fJ; dhnK ew/NhnK ;kjwD/ g/;a ehs/ rJ/ d;skt/iaK dk nfXn?B ns/ ft;ab/;aD eoBk .
4H ;w/A dh wzr nB[;ko Bt/A ftf;anK s/ ekB{zB, fB:w ns/ BhshnK pDkT[D dh b'V dk nfXn?B eoB T[gozs ;[Mkn d/D/.
5H w?r;hgk fty/ ;Ekfgs ft;ak e/AdoK d/ w[yhnK B{z ftXkB ;Gk d/ ezw eko pko/ ikD{eotkT[Dk ns/ T[BQK dk ;pzXs ftf;anK s/
ftXkfJeK Bkb gq;go ftuko^tNKdok eotkT[Dk.
ftXkBeko nkw b'eK ftZu ftuod/ jB ns/ T[BQK B{z b'eK dhnK ;wZf;nktK dk gsk bZrdk ofjzdk j? fe b'eK dh nZi ebQ dh b'V eh j?,
fe; soQK d/ ekB{zB iK gq'rokw iK gkfb;h nkw b'eK d/ ihtB gZXo B{z ;[yktK pDkT[D ftZu ;jkJh j' ;ed/ jB. w?r;hgk d/ tZy tZy ft;ak
;?ANoK bJh y'i, nfXn?B f;ybkJh d/ ezwK ftZu ftXkBekoK s'A ;/X gqkgs eoBk ns/ nfXn?B eoB T[gozs T[BQK ftf;anK s/ ftXkBekoK B{z
ikDekoh T[gbpX eotkDk th fJ; ;?ANo dk w[Zy wzst j?.. T[go'es Nhu/ dh gqkgsh bJh ftXkB ;Gk ;NZvh ;?ANo tZy tZy ftf;anK s/
fdbu;gh b?D tkb/ ftXkBekoK, ftukoeK ns/ j'o okiBhshtkBK dhnK w?r;hgk d/ y'i$nfXn?B e/AdoK Bkb ftuko^r';aNhnK$;?whBkoK dk
gqpzX eo/rk.
i/eo ftXkBeko fe;/ yk; ft;a/ s/ ;{uBk iK wNhohnb dh wzr eod/ jB sK T[BQK B{z ;pzXs ft;ak e/AdoK Bkb skbw/b eoe/ nfijh ;{uBk
iK wNhohnb T[gbpX eotkfJnk ikt/rk.
fJj ;?ANo Bt/A u[D/ rJ/ ftXkBekoK B{z ftXkB ;Gk ftZu w[Zd/ T[mkT[D d/ ;jh sohfenK s'A ikD{eotkT[D bJh fd;ak fBoXkoD toe;akg dk
gqpzX eo/rk.
(Mission)
Contact: Shri B. S. Dhillon; [email protected]; Ph: 0172-2793588 Ext:512
TNA Workshop held at MGSIPAP on 10th & 15th June 2009 to asses the training needs of the minsiteral staff.