HIMACHAL PRADESH CIVIL AND CRIMINAL COURTS (PREPARATION AND SUPPLY OF COPIES OF RECORDS) RULES, 2000

PREAMBLE

In exercise of the powers vested under article 227 of the Constitution of India and all other enabling provisions in this regard, the High Court of Himachal Pradesh, with the previous approval of the Governor of Himachal Pradesh is pleased to make the following rules, regulating the preparation and Supply of copies of records of Civil and Criminal Courts by the Copying Agencies:-

PART-I

Rule - 1. Short title.

(i)       These rules shall be called the 'Himachal Pradesh Civil and Criminal Courts (Preparation and supply of Copies of Records) Rules, 2000.

(ii)      These rules shall come into force from the date of publication in the Himachal Pradesh Rajpatra.

Rule - 2. Definition.

In these rules, unless the context otherwise requires,-

(a)      "copy" means a certified copy of any record prepared in accordance with these rules.

(b)      "Copying Agency" means.--

(i)       A branch in the office of District and Sessions Judge meant for the preparation and supply of copies of records; and shall include,

(ii)      A branch in the office of Additional District and Sessions Judge, Senior Sub-Judge-cum-Chief Judicial Magistrate, and Sub-Judge-cum-Judicial Magistrate, meant for similar purpose,

(c)      "Copying Agent" means the official who shall be appointed incharge of the Copying Agency by the District and Sessions Judge of the Division from time to time.

(d)      "Copyist" means a Clerk specially appointed for the preparation of copies of records,

(e)      "Examiner" means the official not below the rank of Superintendent Grade-II who shall be authorised by the District and Sessions Judge from time to time to certify the copies of records under Section 76 of Evidence Act.

(f)       "Form" means a form appended to these rules.

(g)      suit, appeal, inquiry, trial or other proceeding in any Civil or Criminal Court.

PART-II

Rule - 3. Different Categories of Copying Agency.

There shall be Copying Agencies of the following three types:-

(i)       1st Category.-- At every headquarter of the Sessions Division there shall be a Copying Agency under the control of the District and Sessions Judge. The copyist provided to the various Judicial Courts stationed at the head quarter of the Sessions Division shall work in this Copying Agency, though they shall remain on the strength of the respective courts to which they have been appointed. Superintendent of the District and Sessions Court or of any other court as the District and Sessions Judge may deem proper shall be designated as Examiner and any other senior official shall be designated as Copying Agent.

(ii)      2nd Category.-- At every District Headquarter, where the headquarter of the District and Sessions Judge is not located, there shall be a Copying Agency under the control of the Additional District and Sessions Judge and where there is no post of Additional District and Sessions Judge, under the control of the Senior Sub-Judge. Copyists of all the judicial courts stationed at the headquarters shall work in the copying agency, though they shall remain on the strength of the courts to which they have been appointed. Superintendent of the office of the Additional District and Sessions/or Senior Sub Judge, as the case may be, shall be designated as Examiner and any other Senior Official shall be designated as Copying Agent,

(iii)     3rd Category.-- At every Sub-Divisional Headquarter, there shall be a Copying Agency under the control of the Senior most Presiding Officer, where there is only one court, the Copying Agency shall be under the control of the Presiding Officer of that Court, Copyists of all the courts stationed at the Sub-division shall work in the copying agency though they shall remain on the strength of the courts to which they have been appointed. Superintendent of the court of Senior most Presiding Officer where there are more than one court, and in case where there is only one court, Superintendent of that court, shall be designated as "Examiner" and any other Senior Official shall be designated as Copying Agent.

Rule - 4.

Ail the Copying Agencies in a Civil and Sessions Division, will be under the administrative control of the District and Sessions Judge of the Division.

PART-III

Rule - 5. Persons entitled to obtain copies.

A copy of a record shall be granted in the manner prescribed by these rules to any person, who, under the law for the time being in force, or under these rules, is entitled to get it. In particular, copies may be granted as follows:-

(i)       Any party to a civil or criminal case is entitled at any stage of the case to obtain copies of the record of the case including documents exhibited and finally accepted by the court as evidence.

(ii)      A stranger to a civil or criminal case may after decree or judgment or before the final order is passed for sufficient reasons shown to the satisfaction of the court by written application obtain an order from the Court and on the basis of such order obtain copies of the plaint, complaint, written statement, affidavits, and petitions and or replies filed in the case as also the evidence recorded by the court including the documents. He may also by a similar process obtain copies of any judgment, decree or order at any time after the same has been passed or made.

Rule - 6. Supply of copies free of charge to persons accused or convicted and to public officers.

Copies shall be supplied free of charge in the following cases:-

(i)       Copies of judgment required to be supplied to the accused under section 363 of the Code of Criminal Procedure, 1973 shall be prepared by the Court Stenographer and supplied free of charge to the accused or his authorised agent, after having been duly attested, in accordance with the provisions of the said section. In court having no Stenographer, the Presiding Officer shall authorise the reader or any other official to supply the copy.

(ii)      Copies of judgments or orders, or English translations of vernacular judgments or orders, convicting, acquitting or discharging Government servants, including a person subject to military law or a civilian in military employment, of criminal offences, shall be supplied free of charge to the Head of Department of the office concerned on such a request being made in the prescribed form:

Provided that only one copy shall be supplied free of charge and if more number of copies are required, they may be supplied on payment of the prescribed charges.

PART-IV

Rule - 7. Procedure for submission of application for copy.

An application for a copy of any record, including requisition for a free copy may be made personally or through an agent, on prescribed form at Annexure-A.

Rule - 8. Officers authorised to receive applications.

An application for a copy of any record shall be presented before the Copying Agent of concerned Copying Agency.

Rule - 9. Copy to be supplied with permission of Officers concerned.

An application for a copy of a record of the High Court, or of a superior court, made to a lower court in which the record may be lying at the time of the application, shall be processed only with the previous permission of that court.

Rule - 10. Court fee stamp to be affixed on application.

(i)       Every application for a copy of a record shall bear a court-fee stamp of 1.50 Paise.

(ii)      Immediately on receipts of the application, the Copying Agent shall forthwith effect cancellation of the court-fee stamps in the manner prescribed in section 30 of the Court Fees Act, 1870, read with the relevant rules of the High Court Rules and Orders, and shall enter the same in the Register to be maintained by him in the form at Annexure 'B'.

Rule - 11. One application for copies of record concerning single cause of matter.

Only one application shall be made for copies of any number of papers concerning single cause or matter which are in the same record e.g., if copies are required for four separate papers in one record, only one application is necessary.

Rule - 12. Charges of copies and manner of payment thereof.

The charges for obtaining copies of different records shall be as detailed in the Schedule appended to these rules.

Rule - 13. Scrutiny of application.

On receipt of an application, the Copying Agent shall scrutinize it as to whether:-

(a)      The copy applied for can be supplied under these rules;

(b)      The application given the necessary particulars for tracing the record.

Rule - 14. Rejection of application.

If an application is rejected or is not in order or if for any reason it is not possible to prepare the copy asked for, the application be filed after being kept pending for fifteen days.

Rule - 15. Examiner to be consulted in case of doubt.

(i)       If it is clear that the copy can be supplied as a matter of routine and the application is in order, the Copying Agent shall give notice to the applicant calling upon him to furnish the approximate requisite court fee stamps as calculated by him within three days in the case of urgent application and within seven days in the case of ordinary application. If the stamps are not furnished within the aforesaid time, the application shall be struck off.

(ii)      If, however, the Copying Agent is doubtful on any point, he shall put up the application for orders of the Examiner.

Rule - 16.

If a copy is ordered to be prepared, the Copying Agent shall,

(a)      endorse or cause to be endorsed thereon the date and in the case of urgent applications the time of presentation;

(b)      initial the endorsement;

(c)      issue receipt of the application in the form Annexure-C, specifying the date when copy is likely to be ready for delivery;

(d)      cause the application to be registered in form Annexure-B and the serial number of the register be given in red ink on the reverse of the application; and

(e)      cause the application to be made over to the Record Keeper if it relates to a decided case or to Ahlmad if it relates to a pending case.

Note.-- The number of copies asked for if more than one, be recorded in the remarks column of register in form at Annexure-B.

Rule - 17. Record Keeper or Ahlmad to make over record on the same or next working day.

The Record Keeper or Ahlmad shall ensure that the records are made over to the Copying Agent on the day he receives the application or latest by the morning of the next working day. The Copying Agent shall maintain a register in form at Annexure-D. Similarly, the Record Keeper and Ahlmad shall maintain a Register in form at Annexure-D-I, in respect of requisitions received and the file(s) despatched to Copying Agency.

Rule - 18. Instructions regarding preparation of copies.

Every copy made under these rules shall:-

(a)      If in English, be invariably prepared on a typewriter;

(b)      if in vernacular, be written in good legible hand in case it cannot be prepared on a typewriter;

(c)      be written with ink of a good quality;

(d)      be prepared on Government water marked paper, except, in cases in which copies are allowed on printed forms; or made on a photostat machine;

(e)      have a margin of one-fourth of the page on the left;

(f)       be written on one side only of the paper;

(g)      have a space between the lines equal to the second space of a typewriting machine;

(h)     have marginal reference to the paging of the original;

(i)       be duplicated, if more than one copy of the same record is ordered to be prepared at the same time;

(j)       have as far as may be the following number of words and lines on each page:-

(i)       Typewritten-360 words in 35 lines;

(ii)      English written-240 words in 22 lines;

(iii)     Vernacular writing-250 words in 22 lines.

Note.-- If copies are prepared by the use of photostat machine columns (a) to (j) except (f) may not be observed but the copy should be legible.

Rule - 19. Heading to be prefixed to copies.

To every copy, made under these rules, shall be prefixed a heading containing the following particulars:-

(a)      The court by which the case was decided, giving the name and designation of the Presiding Officer and in an appeal case, the name and official designation of the Presiding Officer whose order was appealed against, and the date of that order;

(b)      the date of the institution of the suit proceeding or appeal, as the case may be;

(c)      the name, parentage, trade or occupation and place of residence with Tehsil and District of the parties; and

(d)      the subject-matter of the case.

Rule - 20. Certain copies to be prepared on forms prescribed for original documents.

Copies of records which are maintained in a tabular or printed form, shall as far as practicable be supplied on the forms used in the Courts. The following are amongst other documents, copies whereof shall be given on such forms:-

Decrees.

Notices of ejectment.

Criminal charges.

Headings of "Opening Sheets" in Judicial records.

Rule - 21. Copy of copy.

A copy of a copy shall not be supplied unless expressly applied for, and the said fact shall be entered in the heading of the copy and marked as the uncertified copy of a copy.

Rule - 22. Particulars to be endorsed on copy.

After a copy has been prepared but before it is revised and attested the following particulars shall be endorsed thereon:-

(a)      The number of the application in the register in form Annexure-B;

(b)      The date of presentation of the application for a copy;

(c)      The name of the Copyist;

(d)      The date on which the copy was completed;

(e)      The date on which the copy was examined;

(f)       The date on which the copy was attested;

(g)      Purpose for which the copy is applied for;

(h)     The number of words or pages;

(i)       1. The cost of the copy as prescribed in the schedule annexed to these rules;

2. Urgent fee;

3. Search fee;

4. Date of delivery.

Rule - 23. Delay in preparation of copy.

A copy shall be ordinarily ready by the 10th working day of the receipt of application. However an urgent copy shall be ready within the next three working days.

Rule - 24. Applicant to be given next date if the copy is not ready on appointed day.

The applicant shall be entitled to have his copy furnished to him, as far as possible, on the day appointed for delivery of the copy if, for any reason it is not ready for delivery by the appointed day the Copying Agent shall give another date for its delivery on the receipt (Annexure C) presented by the applicant and shall also make corresponding entry in the Register at Annexure-B as well as the counterfoil of the receipt.

Rule - 25. Examination, certification and stamping etc. of attested copy.

No Certified copy shall be delivered to any person until it has been examined, certified, stamped and paged. The Examiner shall ensure that the provisions of these rules have complied within all respects.

Rule - 26. Duties/functions of Examiner.

Before attesting any copy in accordance with these rules, the Examiner shall,-

(a)      personally compare such copy with the original record from which it has been made;

(b)      attest every correction made in such copy by initialing the same;

(c)      examine and initial the endorsement made upon the copy in accordance with these rules;

(d)      examine the headings and form of the copy, and ensure that they are in accordance with these rules;

(e)      ensure that the court fee stamps affixed to application are punched, cancelled and initialled;

(f)       make an entry in register at Annexure-E as to the out turn of the copyist as required by rule 36; and

(g)      any other function assigned under the rules.

Rule - 27. Endorsement on copies by the Examiner.

(i)       When the Examiner is satisfied that a copy is correct in all respects and ready for delivery to the applicant he shall make thereon the following endorsement:-

Certified to be a true copy and shall sign and date the endorsement, and also subscribe his official designation below which he shall make the following further endorsement:-

"Authorised by section 76 of Indian Evidence Act, 1872".

He shall then cause the proper seal to be affixed on the copy.

(ii)      If the copy is on more than one page of paper, the Examiner shall endorse the word "attested" on every such page and shall enter his initials and the date thereunder.

Rule - 28. Cancellation of defective copies.

In the event of any copy being found to be unfit for issue by reason, that it;

(a)      has not been legibly and neatly written;

(b)      is not in the prescribed form or on paper of the prescribed quality;

(c)      is so incorrect that revision has rendered it unfit for issue;

(d)      does not conform to these rules;

(e)      is defective or otherwise open to objection, the Examiner shall forthwith write the word 'Cancelled' cross the copy, and a fresh copy shall be made without further charges.

Rule - 29. Unattested copies of documents.

The Copying Agent may deliver unattested copies of the record specified in item 7 of the Schedule annexed to these rule.

Rule - 30. Responsibility of the Copying Agent.

The Copying Agent shall be responsible:-

(a)      that no file is taken out of the Copying Agency by any one without his permission;

(b)      that all files are locked up in an almirah with the key in his possession before leaving office;

(c)      for the proper and equal distribution of work among the copyists;

(d)      for the proper maintenance of accounts, and preparation of returns; and

(e)      for the regular and proper delivery of copies.

Rule - 31. Delivery of copies.

Copies when prepared shall be delivered by the Copying Agent.

PART-V

Rule - 32. Recovery of fee by the Copying Agent.

(i)       The Copying Agent, before delivering a copy, shall ensure that all fee chargeable according to the schedule annexed to these rules have been duly recovered.

(ii)      The Copying Agent, before any copy is delivered, shall endorse thereon the date of delivery and verify the cancellation of court-fee stamps.

Rule - 33. Procedure when applicant fails to receive copies on appointed day.

(i)       In case the applicant fails to receive the copy within 10 days from the appointed date of delivery or the date the copy was ready for delivery whichever is later, his application shall be filed and the copy shall not be delivered to him unless a fresh application therefor is made in accordance with these rules.

(ii)      the Copying Agent shall maintain a separate register in Form Annexure-F, in which he shall enter the amount of court fees recoverable in each case and from which he shall prepare the statement required by rule 39(ii).

Rule - 34. Limitation for preservation of applications and destruction of cancelled stamps by Stamp Auditor.

The original applications for copies shall not be destroyed until a stamp auditor has audited the record and registers concerning them or until the expiry of three years, whichever is later.

Rule - 35. Daily outturn of Copyist.

The following minimum daily outturn is prescribed for each Copyist:-

Explanation.-- The standard includes the work of comparison of the copies prepared by each Copyist with the original.

Note.-- This standard does not apply to cases where copies are supplied by use of photostat machine.

Rule - 36. Register of daily outturn.

A register of daily work done by copyists shall be maintained by each copyist in form Annexure-E and column 7 and 8. These shall be initialled and written by the Examiner who shall, at the end of the month, prepare a statement and submit a report on the adequacy, or inadequacy of the monthly outturn of each copyist to the Presiding Officer, who, in turn, shall forward the same to the District and Sessions Judge in a consolidated form.

PART-VI

Rule - 37. Inspection by the Presiding Officer.

The Presiding Officer shall inspect the copying agency once in three months:-

(a)      to see that copies are supplied within the time prescribed in rule 23 unless for some special reasons extra time was allowed in any particular cause;

(b)      to see that court fee is correctly affixed to the copies; and

(c)      to take necessary measures to enforce compliance of these rules.

Rule - 38. Supervision.

The Examiner shall be the immediate Incharge of the internal organization of the Copying Agency and shall be responsible for discipline and control of the copyists and other staff. He shall report to the Presiding Officer all complaints and cases of dereliction of duty on the part of any member of the Copying Agency, record branch or court staff. He shall examine the registers daily and deal with delays, if any, in the preparation of copies.

Rule - 39. Account of income in Form given at Annexure 'G'.

(i)       A separate income account shall be kept by the Copying Agent in the Form given at Annexure-G in which the day's income in the shape of court fees shall be recorded by the Copying Agent and totalled monthly.

(ii)      After the close of each month the Copying Agent shall prepare a statement showing the cases in which the fee or any portion thereof remains to be realised. The statement shall be checked by the Examiner and submitted to the Collector through the District and Sessions Judge for recovery of fees as arrears of land revenue.

(iii)     The Copying Agent shall keep a duplicate copy of the statement referred to in sub-rule (ii) with him and shall be responsible for reminding the Collector at regular intervals.

PART-VII

Rule - 40. Repeal and savings.

(i)       The rules contained in Chapter-17, Vol. IV of the Punjab High Court Rules and Orders, as applicable to Himachal Pradesh and any other instructions/orders/circulars issued by the High Court, hereinbefore, shall stand repealed on and with effect from the date these rules come into force.

(ii)      The Rules "Urgent Supply of Copies Rules, 1978" shall continue to remain in force in so far as they are not inconsistent with these rules.

(iii)     The provisions of these rules shall have effect notwithstanding anything inconsistent therewith contained in any notification, instructions or rule of the government on the subject. Anything done or any action taken or deemed to have been done or taken before the enforcement of these rules in this behalf, shall be deemed to have been done or taken under the provisions of these rules.

(iv)    The High Court may issue instructions from time to time for carrying out the purposes of these rules.

SCHEDULE

(See rule-12)

Note.-- This Schedule of fees shall be displayed on Notice Boards outside Copying Agencies Court Rooms and Bar Rooms.

The Existing Schedule of rate of fees for copies whether in English or in vernacular shall be substituted with the followings:-

Note:- (i) The urgent fee is Rs. 5 extra for each copy. Urgent fee shall be charged only when an urgent application has been made and priority is consequently given to it over other applications and not when a copy is prepared and delivered on the same day in the ordinary course.

(ii) For the purpose of Note (i) above, the extra fee to be charged shall be for each paper which can property be regarded as a separate paper e.g. every deposition of a witness or written statement of a party, or order of the Court is a separate paper. In case of doubt as whether a paper is separate or not, the decision of the Officer-in-Charge shall be final.

(iii) If two or three English type-written copies of a Statement are asked for, there shall be only one "Urgent Fee". If the copies asked for are from four to six, the urgent fee shall be charged for each copy. Remarks to this effect shall be made in the remarks column of Register Annexure-B.

ANNEXURE-A

(RULE-7)

Urgent/Ordinary

The applicant requests that the copies detailed in statement No. 1 be granted.

ANNEXURE-B

[Rule-10(ii)]

1.        Date.

2.        Serial number of application.

3.        Name and residence of applicant.

4.        Name of court to which the file belongs.

5.        Nature of case with the number case.

6.        Nature of case with the number of the item of Schedule.

7.        Date of order or record concerned.

8.        Brief description of copy applied for.

9.        Date of completion and examination of copy.

10.     Name of copyist.

11.     Number of pages of the copy.

12.     Copying fee.

13.     Urgent fee.

14.     Search fee.

15.     Total of columns 12, 13 and 14.

16.     Date of delivery.

17.     Initial of copying agent authorising the delivery.

18.     Balance due from the applicant (if any).

19.     Date of recovery of balance.

20.     Serial number of (Annexure-F) in respect of the balance.

21.     Serial number of register of copies pending clearance (in case un-delivered copies).

22.     Date of filing the case of undelivered copies in which no balance is due from the applicant.

23.     Initials of the copying agent.

24.     Remarks.

ANNEXURE-C

(Rule 16-C)

ANNEXURE-D

(Rule-17)

File Fetcher's handbook of applications received as requisitions for file

ANNEXURE-D-1

(Rule-17)

Register showing receipt of Requisition and Sending of files to the Copying Agency

ANNEXURE-E

[Rule-26(f)]

Register of individual daily out-turn to be maintained by each Copyist

English Type written page

ANNEXURE-F

[(Rule-33(ii)]

Register of balances of fee due

ANNEXURE-G

[(Rule-39(i)]