# three years stay in the district including Additional Chief Judicial Magistrate (Railways)

- **Citation:** C.L. NO. 34/DR
- **Court:** Allahabad High Court
- **Decided:** 2004-03-31
- **Case number:** C.L. NO. 34/DR
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/three-years-stay-in-the-district-including-additional-chief-judicial-magistrate-162661
- **Pages:** 20

## Text

333
ADDENDA
C.L. NO. 34/DR (S)/2005, DATED 19TH NOVEMBER, 2005
I am Directed to say that in the matter of transfer and posting of the judicial
officers, the court has decided that on completion of normal tenure of posting i.e. (i)
three years stay in the district including Additional Chief Judicial Magistrate (Railways)
(ii) two years stay in an outlying court or at Sonbhadra upto July 31st 2006, the Judicial
Officers shall be transferred subject to the following norms:
(I)
The officer will not be poster in his home town.
(II)
He will not be posted to a district where he was earlier posted within 6
years.
(III)
He will not be posted to any district falling in the zone in which he was
earlier posted within 3 years.
(IV)
He will not be posted to any adjoining district of the other zone.
(V)
The bar on re-posting of an officer in the zone will not apply in cases in
which the officers had been posted for a short period of less than 6
months.
I am to add that no. T.A. will be admissible to those officers whose request for
premature transfer within two years of his posting to a particular station and one year in
outlying courts or at Sonbhadra is accepted by the Court.
Officer posted in your Sessions Division may kindly be advised accordingly these
norms shall not, however, be applicable to the District Judge, except no (I).
In this connection it is also pointed out that the Court has divided the State of U.P.
into 7 zones and also formulated guide-lines in the matter of transfer and posting which
are enumerated in Appendix "A" annexed herewith along with proforma of application.
This proforma regarding transfer duly filled-in, be forwarded to the Deputy
Registrar (Services) on or before 31st day of January 2006.
(APPENDIX "A")
DIVISION OF U.P. IN ZONES COMPRISING DISTRICTS ASFORMULATED
BY ADMINISTRATIVE COMMITTEEE
(i)
KANPUR
ZONE
Kanpur Nagar, Kanpur Dehat, Jhansi, Lalitpur, Hamirpur, Jalaun at
Orai, Banda, Fatehpur, Mahoba, Unnao and Chitrakoot.
(ii)
GORAKHPUR
ZONE
Gorakhpur, Deoria, Basti, Maharajganj, Sidharthnagar, Faizabad,
Sultanpur, Pratapgarh, Kushi Nagar at Padrauna, Ambedkarnagar at
Akbarpur and Sant Kabuir Nagar.
(iii)
BARELLY
ZONE
Bareilly, Pilibhit, Rampur, Budaun, Bijnor, Shahjahanpur, Moradabad
and Jyotiba Phole Nagar.
(iv)
AGRA ZONE
Agra, Aligarh, Mathura, Farrukhabad, Etah, Etawah, Mainpuri,
Firozabad, Hathras, Kannauj and Auraiya.
(v)
LUCKNOW
ZONE
Lucknow, Hardoi, Raebareli, Gonda, Sitapur, Bahraich, Barabanki,
Lakhimpur Kheri, Shrawasti at Bhinga and Balrampur.
(vi)
ALLAHABAD
ZONE
Allahabad, Varanasi, Mirzapur, Sonbhadra, Ghazipur, Ballia, Mau,
Azamgarh, Jaunpur, Bhadohi at Gyanpur, Chandauli and Kaushambi.
(vii)
MEERUT
ZONE
Meerut, Muzaffarnagar, Saharanpur, Ghaziabad, Bulandshahar,
Baghpat and Gautam Budh Nagar
334
2.
GUIDELINES (FOR TRANSFER OF JUDICIAL OFFICERS OTHER
THAN DISTRICT JUDGES)
(I)
Judicial officers will be due for transfer on completion of 3 years stay at
headquarter including, Additional Chief Judicial Magistrate (Railways),
2 Years stay in an outlying courts, or at Sonbhadra.
(II)
No home town district be choiced by the Officer.
(III)
No choice of station where the officer has been posted during last 6
years be given.
(IV)
No choice of station within a zone in which the officer has been posted
within 3 years be given.
(V)
No choice of adjoining stations of other Zone be given.
(VI)
The bar on re-posting of an officer in the Zone will not apply in cases in
which the officer had been posted for a short period of less than 6
months.
(VII)
The officers who are serving beyond normal tenure of their posting at
the same station may also send their choice of station.
(VIII)
The officers applying for stay/premature transfer may indicate choice of
stations.
(IX)
As contemplated in C.L. No. I/DR(S)/75, dated 1.1.1975, no T.A. will
be claimed by the officers whose request for premature transfer within 2
years of their postings at a particular station including Additional Chief
Judicial Magistrate (Railways) is accepted by the Court. Besides whose
request for premature transfer within one year of his posting in an outlying court or at Sonbhadra is accepted by the Court. will not be entitled
to get T.A. for the transfer.
(X)
The officers must send a list of stations in U.P. where their near and
blood relations reside or carry on their professions, as also a statement of
places where they received education as required under C.L. No.
25/Admn (A)/DR(S)/78. dated 16.3.1978.
(XI)
The proforma regarding transfer duly filled-in, be forwarded to the
Court in the name of the Deputy Registrar (Services) on or before 31st
of January 2006.
335
336
337
In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the
governor is pleased to make the following English translation of notification no. 2457/603-3(65)-97, dated March 31, 2004
No. 2457/60-3-3(65)-97
March 31, 2004
In exercise of the powers under section 10 of the Dowry prohibition Act, 1961
(Act no. 28 of 1961), the Governor is pleased to make the following rules with a view to
amending the Uttar Pradesh Dowry prohibition Rules, 1999:
THE UTTAR PRADESH DOWRY PROHIBITION (FIRST
AMENDMENT) RULES, 2004
1.
Short title and commencement - (1) These Rules may be called the Uttar
Pradesh Dowry Prohibition (First Amendment) Rules, 2004
(2)
They shall come into force with effect from the date of their publication in
the Gazette.
2.
Amendment of rule 5 - In the Uttar Pradesh Dowry Prohibition Rules, 1999
hereinafter referred to as the said rules for existing rule 5 set out in Column 1 below, the
rule as set out in Column 2 shall be substituted namely:
Column 1
Existing Rules
Column 2
Rules as hereby substituted
5.(1) The State Government may
designate the Chief Probation Officer
or any suitable Officer posted in
Women Welfare Department as the
Chief Dowry Prohibition Officer to
administer and coordinate the work
among
the
Dowry
Prohibition
Officers
relating
to
Dowry
Prohibition through out the State.
(2) The Chief Dowry Prohibition
Officer shall coordinate the work of
Dowry Prohibition Officers and shall
be
responsible
for
creating
consciousness
and
awareness
to
prevent dowry system among the
public to set out programmes with a
view to uproot the evil of dowry
system.
(3) The Chief Dowry Prohibition
Officer shall be responsible for the
preparation and submission of an
5. (1) the State Government may designate the
Chief Probation officer or any other suitable
officer posted in Women Welfare Department,
as the Chief Dowry Prohibition officer to
administer and coordinate the work among the
Dowry Prohibition Officers relating to Dowry
Prohibition through out the State.

(2) The Chief Dowry Prohibition Officer shall
coordinate the work of Dowry prohibition
Officers and shall be responsible for creating
consciousness and awareness to prevent dowry
system among the public and to set out
programmes with a view to uproot the evil of
dowry system.

(3) The Chief Dowry Prohibition officer shall
be
responsible
for
the
preparation
and
submission of an Annual Report on the progress
of implementation of the provisions of the Act
338
Annual Report on the progress of
implementation of the provisions of
the Act and related matters and of
such statistics as may from time to
time be required by the Government.
(4) The Chief Dowry Prohibition
Officer shall also perform such other
functions as may from time to time be
assigned
to
him
by
the
State
Government.
and related matters and of statistics as may from
time to time be required by the Government.

(4) The Chief Dowry prohibition Officer shall
also perform such other functions as may from
time to time be assigned to him by the State
Government.
(5) The Chief Dowry Prohibition Officer shall
issue instructions to all the departments of the
State government to the following effects:
(a) every government servant shall under his
signature furnish a declaration regarding his
marriage to his Head of Department/appointing
authority stating that he has not taken any
dowry.
(b) one specified day in a year shall be observed
as Dowry prohibition Day.
(c) pledge to be administered to the students in
schools and Colleges and other institutions not
to give or take dowry.
3. Amendment of rule 6 - In the said rules in rule 6 after sub-rule (9) the following
sub-rules shall be inserted, namely:
Column 1
Existing Rules
Column 2
Rules as hereby substituted

(10) Where on the date fixed for hearing of the
complain or petition or on any other date to
which such hearing may be adjourned, the
complainant or Petitioner does not appear the
Dowry Prohibition officer, may in its discretion,
either dismiss the complaint or petition for
default or hear and come to a finding as to its
merit, which shall be recorded in the case file.
(11) The Dowry Prohibition Officer while
making enquiries under the Act or when he
attends any marriage for the purpose of making
enquiries, take the assistance of any Police
Officer or other Officers to assist him in the
performance of his functions and it shall be the
duty of the Police Officer to render all
assistance required by the Dowry Prohibition
339
officer.
(12) He shall render assistance to the police in
investigating the complaint filed under the Act
and to the Court in the trial of the case.
(13) The Dowry Prohibition Officer (MemberSecretary/Convener of the advisory Board)
shall send a copy of the proceedings of each
meeting of the Advisory Board, within a
fortnight from the date of meeting to the
District Magistrate with a copy to the State
Government for information and necessary
action.
4. Amendment of rule 9. - In the said rules for existing rule 9 set out in column 1
below, the rule as set out in Column 2 shall be substituted namely:
Column 1
Existing Rules
Column 2
Rules as hereby substituted
9. Limitation and Conditions subject
to which a dowry prohibition Officer
may exercise Powers of Police
Officer.
Save and except of the provisions of
chapter V of the Code of Criminal
Procedure, namely the power of arrest
of a person without warrant the
Dowry Prohibition Officer shall have
the powers of a Police Officer under
the said Code for the purpose of
investigation
and
submission
of
report
before
the
competent
magistrate.
9. Limitation and Conditions subject to which a
Dowry Prohibition
Officer may exercise
Powers of Police Officer.
 (1) Save and except the provisions of
Chapter V of the Code of Criminal Procedure,
namely the power of arrest of a person without
warrant the Dowry Prohibition Officer shall
have the powers of a Police Officer under the
said Code for the purpose of investigation and
submission of report before the competent
magistrate.
 (2) Whenever Dowry Prohibition Officer has
reasonable grounds for believing that an offence
punishable under the Act has been or is being or
is about to be committed within his jurisdiction
and that the search of any premises with
warrant cannot be made without undue delay,
he may after stating the grounds of his belief
and having prior written permission of the
District Magistrate, search such premises
without a warrant.
 (3) Before making a search under subsection (2) the Dowry prohibition Officer shall
call upon two or more residents of the locality
in which the place to be searched is situated to
340
attend and witness the search and may issue an
order in writing to them or any of them to do so.
 (4) any person who without reasonable
cause, refuses or neglects to attend and witness
a search under this rule, when called upon to do
so by an order in writing delivered or rendered
to him shall be deemed to have committed an
offence under section 187 of the Indian Penal
Code (45 of 1860)

By order,
K.L. MEENA,
Secretary
==========
341
Appendix-1
QUESTIONNAIRE FOR INSPECTION OF NAZARAT BY DISTRICT JUDGE
1.
Has the Officer-in-charge inspected the Nazarat in every quarter and compliance
made (Give details in Proforma I).
2.
(a)
Whether the work distributed between the Nazir and the Assistant Nazirs
is sufficient for each of them or any one officials working with dates as well as
their duties.
(b)
Whether proper and sufficient securities have been furnished by each of
them and whether the securities have been verified? (Chapter XXIII rules 541 to
548 General Rules (Civil).
3.
(a)
Whether the cash in hand of the Nazir at the time of the inspection tallies
with the entries in the cash book and the Day Book ? Whether the Cash Book and
the Day Book are posted up to-date?

(b)
Whether the cash box is being deposited in the Treasury and received back
daily along with register in Form No. 57?

[Rule 351 Central Rules (Civil)].

(c)
Whether the cash in hand of the Nazir is more than half the security at the
time of the inspection and has the cash in his hand during last one year been
generally less than half of the security? (Check some entries from the Day Book
and Cash Book from every month).
4.
(a)
What is the balance of permanent advance at the time of inspection ? Has
any amount in excess of the permanent advance been spent from the civil deposits?
If so, how much and why?

(b)
How many vouchers are pending preparing bills for submission to the
Treasury and for what amount? (Give the details giving dates of vouchers.

(c)
How many days generally are taken by the Nazir to prepare bills after
expenditure?
5.
(a)
Whether all the saleable forms are available and, if not, have the
recoupment orders been sent to the Superintendent, Printing & Stationery* for the
forms sold ?

(b)
Is the permanent advance of saleable forms sufficient? If not, is there any
move for enhancement of the permanent advance?

(c)
Since when the Superintendent, Printing & Stationery has not sent
recoupment of saleable forms? Have any steps been taken?
6.
(a)
Whether the excess amount in the hands of the Nazir, when it exceeds half
of the security, is being remitted to the Treasury or Bank as a Misc. Deposit ?
When the amount was last sent? [Rule 317, General Rules (Civil)],

(b)
Whether the Nazir or the Assistant Nazirs concerned are preparing a list of
payable balances of Registers Form No. 43 in Form Mo. 47 and affixing the same
on the notice board every week? [Last Para of rule 294, General Rules (Civil).]

*
NOTE: Now Director, Printing and Stationery
342
7.
Whether there are proper and adequate arrangements for the protection of the
building from fire? [Appendix 21, General Rules (Civil) Part II].
8.
Whether all the Civil Court officials holding posts requiring security have
furnished security? How many of them are making payments in instalments and if
they have furnished necessary surety forms 2A and 2B?
9.
Has the Nazir any intestate property in his possession and has it been kept in double
lock after entering in register of intestate properties Form No. 40?
CIVIL COURT ACCOUNTS
10.
Whether plus-minus memos are being submitted to the A.G. by 15th of the next
month with proper certificate after verification from the Treasury?
11.
(a)
If not, how much time is taken and for how many months plus minus
memos have not been submitted ? Give reasons (Rules 321 to 324 G.R. Civil).

(b)
How many repayment applications are pending for reports and for how
many days? How many of them are pending on account of non-receipt of advice list
and general number?
12.
(a)
Whether lists of deposits about to lapse are prepared in first week of
March and notice given? [Rule 327, General Rules (Civil)].

(b)
Whether lits of lapsed deposits and clearance register have been prepared
on first of April and sent to the A.G.? If not, when the same were prepared and sent
to A.G.? [Rules 331, 328, General Rules (Civil) and para 149, F-H.B. Vol. V, Part
I].
PROCESS SERVING STAFF AND SERVING OF PROCESSES
13.
(a)
What is the strength of the Process Servers? Is it in excess of the
requirement in light of rule 123, General Rules (Civil)-750 processes per Process
Server and one urgent process equal to 3 processes?

(b) How many posts are lying vacant and for what period?

(c)
Whether Process Servers remain properly dressed and wear badges, belts
and satchels? [Rule 124, General Rules (Civil)].
14.
(a)
Whether the Nazir maintains a list of inhabited places and a map of the
entire district showing beats therein? [Rule 129, General Rules (Civil)].

(b)
Whether the beats have been divided properly leaving a central beat within
five miles [Rule 130, General Rules (Civil)].
15.
(a)
Whether processes within five miles radius are issued daily and returned
within 24 hours after serving [Rule 131, General Rules (Civil)].

(b)
Whether dates for issue of processes for each beat outside five miles limit
have been fixed and processes issued on those dates? [Rule 130, General Rules
(Civil)].

(c)
Whether processes are being issued fairly?
343

(d)
Whether diet money paid to the process servers is properly entered in
Register No. 105 and 43 (Check some entries comparing with the entries in these
registers and diary of the process servers).

(e)
Whether processes are returned after service in time or are returned
beyond time and without seeking extension?

(f)
Are all the process servers able to give personal service up to 75%? If not,
how many are below the standard and what action has been taken against them?
Examine the register of percentage of personal service in light of C.L. No. 93/VI-C4 dated 20.9.1951 and also got monthly statement prepared in the prescribed form
as given in this C.L.
16.
When was the Nazarat inspected by the following:-

1. Inspector of Offices

2. Audit party of the A.G.

3. District Judge.

4. Officer in-charge.
Have the inspection notes been complied with and submitted? If so, give dates? If
not, why?
17.
Whether service books of process servers are posted up to date?
18.
(a)
Have the godowns and Dead Stock been checked by the Officer in-charge
within one year of the inspection ?
(C.L. NO. 107 DATED 17.10.1952)

(b)
Are Register of Dead Stock and Perishable Articles being maintained in
prescribed form and annually, checked and verified? [Rules 10 and 11 of
para 801, M.G.O. and rule 648, General Rules (Civil)].

(c)
Is the furniture sufficient, clean and in good order?

(d)
Is any register of distribution of furniture maintained? (Rule 7 para 801,
M.G.O.)

(e)
Has the furniture been numbered and entries made in the register? (Rule 8
para 801, M.G.O.)
19.
Are the duplicate keys kept in the Treasury and has annual verification been done
and keys changed?
20.
Whether any observations or instructions at the last inspection have remained
unattended? If so, furnish reasons therefor.
PROFORMA - 1
Name of Officer
Quarter ending
Date of inspection
Date of submission to District Judge
======
344
345
Appendix-2
QUESTIONNAIRE FOR INSPECTION OF NAZARAT BY
OFFICER INCHARGE

1.
Has the Officer in-charge inspected the Nazarat in every quarter and compliance
made (Give details in-Proforma-I).
2.
(a)
Whether the work distributed between the Nazir and the Assistant Nazirs
is sufficient for each of them or any one of them is over-loaded with work ? Give
names of the officials working with dates as well as their duties.

(b)
Whether proper and sufficient securities have been furnished by each of
them and whether the securities have been verified? (Chapter XXIII rules 541 to
548, General Rules (Civil).
3.
(a)
Whether the cash in hand of the Nazir at the time of the inspection tallies
with the entries in the cash book and the Day Book ? Whether the Cash Book and
Day book are posted up to-date?

(b)
Whether the stamps found in the hand of the Assistant Nazir concerned on
physical checking tally with the entries in the register of stamps and dispatch book?

Whether the Nazir and the Assistant Nazir are acquainted with the postal rules and
rates and have been exercising proper control over the use of stamps in accordance
with various circulars of the Hon‟ble High Court? [Rule 349, General Rules
(Civil)].

(c)
Whether there is any safe or strong box in the Nazarat for keeping some
cash and important articles or papers? (Para 3 of rule 351, General Rules (Civil).

(d)
Whether the cash box is being deposited in the Treasury and received back
daily along with register in Form No. 57?

[Rule 351, General Rules (Civil)].

(e)
Whether the cash in hand of the Nazir is more than half the security at the
time of inspection and has the cash in his hand during last one year been
generally less than half of the security? (Check some entries from the Day Book
and Cash Book from every month)
4.
(a)
What is the permanent advance of the judgeship and whether it is
adequate.

(b)
What is the balance of permanent advance at the time of inspection? Has
any amount in excess of the permanent advance been spent from the Civil deposits?
If so, how much and why?

(c)
How many vouchers are pending preparing bills for submission to the
Treasury and for what amount? (Give the details giving dates of vouchers).

(d)
How many days generally are taken by the Nazir to prepare bills after
expenditure?
346

(e)
How many bills are pending in the Treasury for encashment and since
when?
5.
(a)
Whether saleable forms in the stock with the Nazir tally with the
balance in the register of saleable forms (prescribed form No. 144) ? (Rules 514
and 517, General Rules (Civil).

(b)
Whether all the saleable forms are available and, if not, have the
recoupment orders been sent to the Superintendent, Printing & Stationery*for the
forms sold ?

(c)
Is the permanent advance of saleable forms sufficient? If not, is there any
move for enhancement of the permanent advance.

(d)
Since when the Superintendent, Printing & Stationery* has not sent
recoupment of saleable forms? Have any steps been taken?
6.
(a)
What is the balance of various affidavit coupons in the hands of the Nazir
and whether it tallies with the balance shown in the prescribed register ?

(b)
Whether statement of affidavit coupons is being submitted to the Hon‟ble
High Court within first week and whether the affidavit coupons are requisitioned in
sufficient quantity in time as to avoid shortage?
7.
(a)
Whether cash is being physically checked by the Munsarim every week
and proper certificate being given ? (Last para of rule 326, General Rules (Civil).

(b)
Whether the excess amount in the hands of the Nazir, when it exceeds half
of the security is being remitted to the Treasury or Bank as a Misc. Deposit?
When the amount was last sent? [Rule 317, General Rules (Civil)].

(c)
Whether the Nazir or the Assistant Nazirs concerned are preparing a list of
payable balances of Registers Form No. 43 in Form no. 47 and affixing the same on
the notice board every week? (Last para of rule 294 General Rules (Civil).

(d)
Whether the Presiding Officers of various courts are checking the register
of petty receipts and repayment every quarter and result reported to the District
Judge ? (Paras-1 and 2 of rule 326, General Rules (Civil).
8.
Whether there are proper and adequate arrangements for the protection of the
building from fire ? (Appendix 21, General Rules (Civil) Part II).
9.
(a)
Whether all the civil court officials holding posts requiring security have
furnished security ? How many of them are making payments in instalments and if
they have furnished necessary surety forms 2A and 2B?

(b)
Have all the securities been properly entered in Register. Form No. 2-F
under Para 71(b) of Financial Hand Book Vol. V. Part I? [Rule 546 G.R. (Civil)].
10.
Has the Nazir any intestate property in his possession and has it been
kept in double lock after entering the register of intestate properties Form
No. 40?

* NOTE: Now Director, Printing and Stationery.
347
CIVIL COURT ACCOUNTS
11.
(a)
Whether the Nazir maintains register of receipts and deposits, repayments
of deposits, cash book, pass book, register of fines, stamp duty and penalty etc. in
Forms No. 35, 36, 37, 38, 39, 41, 42 and 43 and whether these registers are posted
up-to-date ? [Rule 280, General Rules Civil)].

(b)
Whether various cash amounts being received by the Nazir are being
credited under proper heads in various registers [Rules 273 and 293, General
Rules (Civil)].

(c)
Whether the amounts are being sent to the Treasury daily after a fixed
time for receipts? [Rules 279 and 289, General Rules (Civil)].

(d)
Whether the Presiding Officer is giving quarterly certificates on the
register of receipt of deposits? [Rule 325, General Rules (Civil)].

(e)
Whether daily totals of each register are being entered in the cash book?
[Rule: 316, General Rules (Civil)].

(f)
Are the cuttings and erasures in account registers being initialed? [Rule
282, General Rules (Civil)].
12.
(a)
Whether the advice lists are being received from the Treasury the next
day? If not, for what period the advice lists are pending and what action has been
taken? [Rule 310 G.R. Civil)].

(b)
Whether the advice lists are being pasted in proper guard files?

(c)
Whether delay extracts and monthly extracts from register of payments
and deposits are being received from outlying courts and posted in the relevant
registers? [Rules 315, and 321 and 322, General Rules (Civil)].

(d)
Whether plus minus memos are being submitted to the A.G. by 15th of the
next month with proper certificate after verification from the Treasury? If not how
much time is taken and for how many months plus minus memos have not been
submitted? Give reasons [Rules 321, to 324, G.R. (Civil)].
13.
How many repayment applications are pending for reports and for how many days?
How many of them are pending on account of non-receipt of advice list and general
number?
14.
(a)
Whether lists of deposits about to lapse are prepared in first week of
March and notice given? [Rule 327, General Rules (Civil)].

(b)
Whether lists of lapsed deposits and clearance register have been prepared
on first of April and sent to the A.G.? If not, when the same were prepared and sent
to A.G.? [Rules 331, 328, General Rules (Civil) and Para 149, F.H.B. Vol. V. PartI)].
DEPARTMENTAL CASH ACCOUNTS
15.
Whether the Nazir maintains the following registers for departmental cash account
and are these registers posted up-to-date? [Rule 355, General Rules (Civil)]:-

(i)
A day book (Form No. 58)
348

(ii)
A stationery register (Form No. 59)
(iii)
A register of contingent charges (Form No. 68) for outlying courts
and Form No. 101 for D.J. court),

(iv)
Register of Travelling Allowance Bill.
(v)
A separate Register for T.A. Bill of the Amin and his peon ?
(Check these registers).
16.
Whether the Nazir maintains the following registers as required by various
provisions mentioned in front of these entries?

(i)
Register of Bicycles-G.O. No. U-1065/l-258dated 28.12.1940 and G.O.
No. 922/XV1II-220 dated 15.3.1935.

(ii)
Register of Typewriters - Chapter IV Printing & Stationery Manual.

(iii)
Register Form No. 26 Register of land and plans (para 265 F.H.B. Vol. V
Part I).

(iv)
Register Form No. 27 Register of building para 265 F.H.B. Vol. V Part 1
and G.L. No. 53/10-SC-2(ii) dated 14.5.1936.

(v)
Register Form No. 29 (Register of rent of Buildings and land para 286
F.H.B. Vol. V Part I.
(vi)
Register Form No. 29-A Rate of rent, cost of repairs revised rent para 281
F.H.B. Vol. V part I.

(vii)
Register Form No. 30-(Rent statement) Para 287-F.H.B. Vol. V Part I.

(viii)
Compliance of para 289 of F.H.B. Vol V part 1 (Quarterly certificate).

(ix)
Register of petition writers para 12 of Appendix 22 of G.R. (Civil) Part II.

(x)
Register of Registered clerks of Vakil (rules 603 and 609 G.R. (Civil)
Part-I.

(xi)
Register of duty and penalty (Form No. 39).

(xii)
Register of fine on process servers or other class IV employees.

(xiii)
Register of income from court compound including licence fees from
petition writers, typists and clerks of Advocates.
PROCESS SERVING STAFF AND SERVING OF PROCESSES
17.
(a)
What is the strength of the process servers? Is it in excess of the
requirement in light of rule 123 General Rules (Civil)-750 processes per process
server and one urgent process equal to 3 processes?

(b)
How many posts are lying vacant and for what period?

(c)
Whether process servers remain properly dressed and wear badges, belts
and satchels? (Rule 124, General Rules (Civil).
18.
(a)
Whether the Nazir maintains a list of inhabited places and a map of the
entire district showing beats therein? [Rule 129, General Rules (Civil)].
349

(b)
Whether the beats have been divided properly leaving a central beat within
five miles [Rule 130, General Rules, (Civil)].
19. Whether there is a pigeon hole almirah in the Nazarat and the processes received
are kept beatwise as well as according to nature, urgent or ordinary? [Rule-130,
para 3, General Rules (Civil)].
20.
(a)
Whether processes within five miles radius are issued daily and returned
within 24 hours after service [Rule 131, General Rules (Civil)].

(b)
Whether dates for issue of processes for each beat outside five miles
limit have been fixed and processes issued on those dates [Rule 130, General Rules
(Civil)].

(c)
Whether processes are being issued fairly?

(d)
Whether process servers are maintaining diaries properly in the prescribed
form and obtain the signatures of Lekhpal, Pradhan, etc. when they visit the
villages? [Rule 134, General Rules (Civil)].

Whether diaries of process servers being checked by the Nazir or Assistant Nazir
every week?

(e)
Whether diet money paid to the process servers is properly
entered in Register no. 105 and 43? (Check some entries comparing with the entries
in these registers and diary of the process servers).

(f)
Whether processes are returned after service in time or are returned
beyond time and without seeking extension?

(g)
In how many cases processes were not served in time and (a) extension
was sought, and (b) no extension was sought? (Check two weeks entries of Register
Form No. 105 in light of rules 130, 131 and 132 General Rules (Civil) especially
in light of instructions contained in C.L. NO. 93/V1-C-4 dated 20.9.1951 and
comment.

(h)
Are all the process servers able to give personal service upto 75%. If not,
how many are below the standard and what action has been taken against them?
Examine the register of percentage of personal service in light of C.L. No. 93/V1C-4 dated 20.9.1951 and also get monthly statement prepared in the prescribed
form as given in this C.L.
21.
When was the Nazarat inspected by the following:-

1. Inspector of Offices.

2. Audit party of the A.G.

3. District Judge.

4. Officer in charge.

Have the inspection notes complied with and submitted? If so, give dates? If not
why?
22. Whether service books of process servers are posted up-to-date?
350
23
(a)
Have the godowns and dead stock been checked by the officer-in-charge
within one year of the inspection? (C.L. No. 107 dated 17.10.1952).

(b)
Are Registers of Dead Stock and Perishable Articles being maintained in
prescribed form and annually checked and verified? [Rules 10 and 11 of para 801
M.G.O. and rule 648, General Rules (Civil)].

(c)
Is the furniture sufficient, clean and in good order?

(d)
Is any register of distribution of furniture maintained? (Rule 7 para 801,
M.G.O.)

(e)
Has the furniture been numbered and entries made in the Register? (Rule 8
Para 801 M.G.O.).
24.
Are the duplicate keys kept in the Treasury and has annual verification been done
and keys changed?
25.
Whether guard file for inspection notes is being maintained?
26.
Whether any observations or instructions at the last inspection have remained
unattended? If so, furnish reasons therefor.
PROFORMA - I
Name of officer
Quarter ending
Date of inspection
Date of submission
to District Judge
==============
351
Appendix-3
QUESTIONNAIRE FOR INSPECTION OF COPYING DEPARTMENT BY
DISTRICT JUDGE
1.
Who is the Officer in-charge of the Copying Department and since when?
2.
Has the Officer in-charge inspected the Copying Department every quarter? Give
details in Proforma I and comment.
3.
Who is the Head Copyist and since when?
4.
Is the staff over-manned or under-manned (Rule 269 and 270, General Rules
(Civil)?
5.
Check the almirah and the box of the Head Copyist and examine all the prepared
copies, rejected applications and folios, etc. and comment after getting statements
in form no. III, IV, VI, prepared).
6.
How many typewriters (Hindi/English) are allotted to the Copying Department and
how many are out of order and since when? Are the Typewriters being fully
utilized?
7.
Whether Register Form No. 31 is properly maintained and entries of urgent and
ordinary applications being made in red and blue-black ink? [Rule 265, General
Rules (Civil)].
8.
Does the Munsarim or the Head Copyist comply with the provisions of rule 254(a)
at the time of presentation of application for copies?
9.
Are urgent and ordinary copies being prepared within 24 hours and within a week
respectively and if not, what is the average duration for these copies? (Give
separate average for the last three months preceding the date of inspection.
10.
Give number of pending urgent and ordinary applications in proforma II (Discuss
reasons of delay in disposal of 12 applications mentioned in the last column).
11.
Whether printed forms for preparation of decrees and formal orders are being used
for issue of copies? If not why? (Last para of rule 257, General Rules (Civil).
12.
Are copies of judgments in appeals, sessions trials and revisions being received
from various courts concerned? In how many cases these copies have not been
received? Quote the number of cases with name of courts of which copies were
not received.
13.
Whether copies involving more than 1500 words are being prepared without
realizing the excess fees? If so, in how many cases during the last two months?
14.
Are copies on payment being prepared on stamp papers? [Rule 255, General Rules,
(Civil)].
15.
(a)
In how many cases free copies have been issued to any other person
except prisoner, Government Law Officer and Heads of Departments of the
Government of India, any High Court, in India or any other authority exercising
similar jurisdiction, any court subordinate to the High Court at Allahabad or any
particular court in any foreign country? Check applications for inspection [Rules
248, 251 and 252 G.R. (Civil).].
352

(b)
How many free copies prepared on applications under rules 248, 251 and
252 General Rules (Civil) read with G.O. No. 113 dated 5.12.1958 and C.L. No.
75/VIII a-51 dated 3.12.1960 remained undelivered within the prescribed time
during one year period preceding the date of inspection ?
16.
(a)
Whether unused stamps in cases of rejected applications are being
returned within 30 days after intimation to the applicant or his counsel and if unreturned stamps are being destroyed and necessary entry made in register form No.
31 ? Give details of such applications in Proforma III in respect of rejected
applications during the period of three months one month prior to the date of
inspection. (Rule 254, paras V to IX).

(b)
Examine some rejected applications to see if reports and orders are
correct.
17.
Whether copies remaining undelivered after 15 days of the notice are being
disposed of after obtaining orders of the Judge? Send a statement prepared in
Proforma IV. Examine pending undelivered copies with the Head Copyist on the
date of inspection as well as the entries in Register Form No. 31 in respect of
undelivered copies at least for three months, one month prior to the date of
inspection? (Para 2 of rule 260 G.R. (Civil).
18.
Whether copies are being prepared legibly, accurately, properly noting the number
of words correctly and are being properly certified as true copies duly and legibly
signed by the Copyist and Head Copyist? Check some of the copies pending with
the Head Copyist undelivered, preferably prepared before the date of intimation
of the inspection and prepared by each Copyist with G.L. No. 29/A dated
1.8.1929, G.L. No. 43 dated 10.8.1934 G.L. No. 59/Ve 65 dated 22.9.1950 and
G.L. No. 41/Ve-65 dated 6.5.1957.
19.
Whether the consolidated register of Karguzari and distribution of work in form no.
33-A referred to in rule 268, is being put up before the Officer-incharge copying
department fortnightly (G.L. No. 56/A-17(l) dated 1.11.1935 as amended by G.L.
No. 7/A-2(l) dated 27.1.1936).
20.
Are records being received in and returned back from the Copying Department
within 24 hours of the sending of the application or the preparation of the Copy.
Get a statement prepared in Proforma VI. (Rules 246, 254 (a) Para 3 and (b) (ii)
and C.L. No. 3/Ve-81 dated 27.2.1952).
21.
Whether strict rule of priority is being maintained by the Head Copyist? (Examine
some ten days in the register form No. 31).
22.
Are provisions of rules 250 and 253 being followed in the case of applications for
copies by strangers or in cases under hearing?
23.
(a)
Whether copies of maps and registers etc. are being prepared after
preparing estimates and whether registers in form No. 28 and 29 are maintained ?

(b)
Whether copies of maps and registers etc. are being prepared by the
Copyist or by some special copyist?
24.
Whether fortnightly statement (Progress Report) is being maintained and put up
before the District Judge?