NOTES. (a). RULES FOR THE DESTRUCTION OF USELESS JUDICIAL RECORDS AND REGISTERS IN COURTS SUBORDINATE TO THE CHIEF COURT (ACT III OF 1879, SECTION 5).

The following rules, framed by the Judges under the provisions of Section 5 of Act III of Rules under Act III of 1879, have been sanctioned by the Governor-General in Council 1879. and confirmed by His Honor the Lieutenant-Governor.

under

which Munsifs may be employed on the work of des

2. With reference to the note to Rule II, the Judges will always be prepared to conside Circumstances any application that may be made to them for the services of ar Munsif, when it can be shown that the work of destroying obsolete judicial records and registers cannot be otherwise properly supervised; but the application must be made in good time and must explain why an officer of the head-quarters staff cannot be employed on the duty. This last condition is rendered indispensable by the rules which now regulate the grant of privilege leave to Munsifs.

truction.

3. It should also be remembered that it is of great importance that the work of Work should be proceed- destruction should be regularly proceeded with each September. ed with every year.

RULES FOR DESTRUCTION OF USELESS JUDICIAL RECORDS AND
REGISTERS IN COURTS SUBORDINATE TO THE CHIEF COURT.
General.

I.-All judicial records and registers which, by the lapse of a year, have become liable Obsolete records and re- to destruction under the following rules shall be destroyed gisters to be destroyed during the month of September in each year.

annually.

II. The destruction of such records and registers shall be carried out under the How to be destroyed and supervision of a responsible officer not below the rank of disposed of. Munsif, and shall be effected by tearing and soaking in water, care being taken that all Court-fee stamps have been duly cancelled. The paper shall then be sent to the Superintendent of the nearest district jail, who will purchase it at its market value, and return the bill drawn by the office from which the purchase is made duly contersigned for transmission to the Accountant-General. The latter will place the sum to the credit of the Record Office Fund in the public accounts.

NOTE. -No Munsif shall be deputed to supervise the annual destruction of records and registers in a district office, except with the previously obtained sanction of the Chief Court. Such permission must be applied for through the Divisional Judge in sufficient time to allow of orders being passed before the commencement of the September vacation, and will be granted only when it can be shown to the Court's satisfaction that no other suitable officer is available for the duty.

Files.

Arrangement of civil

records.

Records.

III. All civil and criminal records shall be arranged in sepa rate files, A and B.

IV. In the case of civil records, File A shall contain the following papers :-

(a). In original cases heard by any Court other than a Court of Small Causes :

1.-The index of papers.

2.-The order sheet or chronological abstract of orders.

3.-The plaint together with any schedule annexed thereto, and all documents, whether original or copies, filed with the plaint.

NOTE.-In miscellaneous cases, the petition or written application of the party setting the Court in motion will take the place of the plaint.

4.-The written statements and pleadings of the parties.

5.-Applications of parties who are strangers to the suit with the Court's orders thereon. 6. The memorandum of issues, with amended or additional issues, if any.

7.- All depositions of witnesses.

8. All documents received by the Court during the trial as evidence between the par

ties.

9.-Commissions, proceedings held thereunder, and reports of Commissioners. 10.-Reports furnished by the Record Department.

11.-Applications to refer to arbitration, references to arbitration, the award or other final return of the arbitrators, with the proceedings, depositions and documents submitted therewith, and any application to set aside the award, with the Court's orders thereon.

12.--Deeds of withdrawal, compromise or confession of judgment.

13.-Orders of arrest or attachment before judgment, with all documents relating there

to.

14. The judgment or other final order.

15.-The decree.

16.-All notes in the hand-writing of the Judge.

17.-Applications for review of judgment with the Court's orders thereon. 18.-Judgments and decrees of appellate Courts, if any.

19.- All orders passed in execution proceedings, with all applications, objections, writs of which service has been effected, notices, repo ts and returns relating thereto, 20.—All receipts and acknowledgments filed in execution proceedings.

(b). In cases heard by a Court of Small Causes :—

1.-The index of papers.

2. The order sheet or chronological abstract of orders.

3. The plaint with the papers annexed thereto.

4. Any cross claim set up by the defendant by way of set-off.

5. All documents received by the Court during the trial as evidence between the parties. 6.-Any award of arbitrators, or deed of withdrawal, compromise or confession of judg ment.

7.-The judgment or other final order.

8.-The decree.

9. All notes in the hand-writing of the Judge.

10. Any application for review of judgment, or for a new trial under Section 21 of Act XI of 1865, with the Court's order thereon.

11. Any order passed by the Chief Court as a Court of reference, or revision.

12. All orders passed in execution proceedings, with all applications, writs of which
service has been effected, notices, reports and returns relating thereto.
13.—All receipts and acknowledgments filed in execution proceedings.

(c). In appeal cases

1.-The index of papers.

2.—The order sheet or chronological abstract of orders.

3. The petition of appeal.

4.-Copies of judgments and decrees of lower Courts.

5.-Any cross-objection filed by the respondent under Section 561 of the Civil Procedure Code.

6. Issues referred for trial by the appellate Court, with the evidence and findings

thereon.

7.-Commissioners' proceedings held thereunder and reports of Commissioners.

8. Any additional evidence, oral or documentary, admitted by the appellate Court under Section 568, Civil Procedure Code.

9.-Applications to the appellate Court to refer to arbitration, references, the award or other final return of the arbitrators with the proceedings, depositions and documents submitted therewith, and any applications to set aside the award, with the Court's orders thereon.

10.-Deeds of withdrawal, compromise or confession of judgment.

11. The judgment or other final order.

--

12. The decree of the appellate Court.

13. -All notes in the hand-writing of the Judge.

14.-Applications for review of judgment, with the Court's orders thereon.

15.-Any judgment and decree of a superior Court of appeal.

File B shall consist of all papers not included in File A.

Arrangement of criminal

records.

V. In the case of criminal records File A shall contain the papers noted below:

(a). In original cases tried by a Court of Session:

1.-The index of papers

2. The order sheet or chronological abstract of orders.

3.—The charge, original and as amended by the Sessions Judge.

4.—All depositions of witnesses and statements of accused persons, including deposi tions and statements transferred from the file of the committing Magistrate.

5. All documentary evidence.

6. The final order.

7.-The finding of the assessors or verdict of the jury.

8.All notes in the hand-writing of the Judge.

9. The judgment of the appellate Court, if any.

10. Any order passed by the Chief Court as a Court of reference or revision.
11.-Warrants returned after execution of sentence.

12. All proceedings, relating to the realization of fines.

(b). In Magisterial inquiries and trials :

cedure.

1.- The index of papers.

2. The order sheet or chronological abstract of orders.

3. The final police report (chalan), or petition of complaint.

4. All depositions of witnesses and statements of accused persons.

5.-All documentary evidence.

6. The charge, where a formal charge is drawn up.

7. The final order of the Court.

8. All notes in the hand-writing of the Magistrate.

9. The order of the Sessions Judge in cases referred for confirmation under Section 34 of the Criminal Procedure Code.

10. The judgment of the appellate Court, if any.

11. The judgment of the Chief Court in revision, if any.
12.-Warrants returned after execution of sentence.

13.- All proceedings relating to the realization of fines.

14.-Bonds for good behaviour taken under Section 110 of the Code of Criminal Pro

(c.). In appeal cases :

1.-The index of papers.

2. The order sheet or chronological abstract of orders.

3.-The petition of appeal.

4.-Copy of the judgment of the lower Court.

5.- Any additional evidence taken under Section 428 of the Criminal Procedure Code. 6. The final order of the Court.

7.-All notes in the hand-writing of the Judge.

File B shall consist of all papers not included in File A.

Records to be preserved in perpetuity.

VI —The following records shall be preserved in perpetuity:

1.-File A of all suits and appeals involving the title to immoveable property, as defined in Section 2, clause 5 of Act I of 1868.

NOTE. In suits for arrears of rent, or for a share in the produce when the right is not disputed and only the amount contested, clause I of Rule X. will apply.

2.-File A of all suits and appeals relating to the succession to an office, or to establish or set aside an adoption, or otherwise determine the status of an individual, and of all suits and appeals relating to trusts or religious endowments.

3.-Records of attachment, sale and delivery of immoveable property in execution of

decrees, including all objections, proceedings and orders thereon.

4.-File A of proceedings under Section 7 and 8 of Regulation XVII of 1806.

5.-File A of proceedings under Acts XIX of 1841, XXXV and XL of 1858, XXVII of 1860, IX of 1861, X of 1865, and of all cases connected with the custody and disposal of intestate property.

6.-File A of proceedings under the Indian Divorce Act, IV of 1869.

7.-Records relating to the disposal of immoveable property forfeited to Government under Section 62 of the Indian Penal Code.

Records to be preserved

for fifty years.

8.-Correspondence with other offices on matters connected with the administration of justice, including annual reports and the statements appended thereto : provided that Heads of offices may, with the previous sanction of the Divisional Judge, order the destruction, after three years, of any corespondence of a merely formal or ephemeral character, after personally satisfying themselves. in regard to each paper ordered to be destroyed, that its retention is no longer necessary.

NOTE.-A list of all papers which it is proposed to destroy under this clause must be prepared, and in the case of a subordinate office, be submitted to the Divisional Court for sanction. This list will be preserved in perpetuity.

VII. The following records shall be preserved for 50 years, and then be destroyed :

1.-Records of Insolvent Estates Courts exercising jurisdiction under Section 22 of the Punjab Laws Act. 1872.

2.-File A of cases relating to any of the offences specified in Section 44 of the Criminal Procedure Code, as offences of which all persons are bound to give information, in which any of the suspected persons have escaped apprehension: provided that, whenever it is known that the offender or offenders on whose account such records are kept are dead, the records may be destroyed.

3.-File A of criminal cases in which the offence is punishable with death, and it is not known who the offender is.

NOTE. The records specified in clauses 2 and 3, when the time comes when under ordinary circumstances they would be liable to destruction, shall be removed to a separate bundle of cases of absconding and unknown offenders.

4.-File A of criminal cases in which a lunatic is concerned, unless the lunatic shall have been subsequently tried or have died.

Records to be preserved

VIII The following records shall be preserved for 20 years for twenty years. and shall ther. be destroyed, unless their preservation is necessary on any of the special grounds noted below :1.-File A of Sessions cases: provided that, if the sentence has not been fully executed

the record shall be preserved until the return of the warrant, and then destroyed.

2.-The charge, finding, and sentence in cases inw hich conviction has been had of an offence for which enhanced punishment is provided on a second or subsequent conviction.

3.-File A of cases in which any public servant has been tried, whatever may have been the result of the case.

Records to be preserved

for twelve years.

IX. The following records shall be preserved for 12 years and shall then be destroyed :

1.-File A of cases under Chapter XXXVI. of the Criminal Procedure Code, in which maintenance is awarded.

2.-Insolvency proceedings under Chapter XX of the Civil Procedure Code. Records to be preserved X. The following records shall be preserved for six years, and shall then be destroyed, unless their preservation is necessary on any of the special grounds noted below:

for six years.

1.—File A of all civil suits and appeals other than suits and appeals falling under Rule VI provided that, if the decree has not been fully executed or become incapable of further execution, File A must be preserved until such time as the decree has been fully executed or become incapable of further execution.

NOTE.-A note of all cases destroyed in district offices under this clause shall be made at the time of destruction in the list of cases put up with the village bundle.

2.-File A of cases tried by the Magistrate of the District under Section 34 of the Criminal Procedure Code, in which he has inflicted a heavier punishment than might have been inflicted by a Magistrate of the first class: provided that, if the sentence has not been fully executed, the record shall be preserved until the return of the warrant, and then destroyed.

3.-Records relating to the realization of fines of Criminal Courts.

Records to be preserved for three years.

XI. The following records shall be preserved for three years, and shall than be destroyed :—

1.-File A of criminal cases enquired into or tried by Magistrates, and not otherwise provided for in these rules.

2.-File A of appeals from orders passed by Magistrates.

3. All correspondence between the District Magistrate or District Judge and Subordinate Courts and other records, periodical statements, reports, proceedings, applications, &c., not expressly provided for in these rules: provided that, in respect of records falling under this clause, Heads of offices must exercise their discretion in preserving reports, returns and proceedings likely to be useful in the future, as containing the result of inquiries or other information or the opinions of experienced officers on matters connected with the general administration of justice. Records to be preserved

XII. The following records shall be preserved for one year and shall then be destroyed :

for one year.
1.-File B of all civil and criminal cases and appeals.

NOTE. A note should be made on the index of papers in File A opposite each paper destroyed under this clause. This note may be made by the official by whom the papers are actually destroyed, but the supervising officer appointed under Rule II should take proper steps to satisfy himself that the notes have been duly made, in the same way that, it is presumed, he satisfies himself that the other provisions of the rules are duly carried out by his subordinates.

2. Proceedings of other Courts and officers forwarding notices, proclamations, calling for records, &c.

XIII. The periods prescribed above shall, except in the cases noted below, be taken to run from the date of the final order of the Court of first Periods how to be calculated. instance, or in the event of an appeal, from that of decision of the appeal.

In cases under Chapter XXXVI of the Criminal Procedure Code in which maintenance is awarded, the period shall be taken to run from the date of the last order passed for the enforcement of the award. In insolvency proceedings under the Code of Civil Procedure, the period shall be taken to run from the order of the Court declaring the insolvent discharged from further liability in respect of his scheduled debts. In insolvency proceedings under Act IV of 1872, the period shall be taken to run from the date of the order of discharge. XIV. A note of every record destroyed under the above rules shall be made at time Note of records destroy- of destruction in the register in which the case is entered, under ed to be made. the signature of a responsible officer.

XV. Before destroying File A of any judicial proceeding, care must be taken to se parate and remove from the file all documents belonging to pri Private documents how vate persons, or to Government as a party to the proceeding, which to be dealt with. have not been superseded by the decree or impounded in the case in which they were produced. These documents shall be