KERALA STATE MOTOR ACCIDENTS CLAIMS TRIBUNAL (DESTRUCTION OF RECORDS) RULES, 2004

[1]KERALA STATE MOTOR ACCIDENTS CLAIMS TRIBUNAL (DESTRUCTION OF RECORDS) RULES, 2004

PREAMBLE

In exercise of the powers conferred by clause (c) of sub-section (2) of Section 2 of the Kerala Destruction of Records Act, 1961 (2 of 1962) read with Rule 398A of the Kerala Motor Vehicles Rules, 1989, the Government of Kerala hereby makes the following rules for the disposal by destruction or otherwise of the records in the possession or custody of the Motor Accidents Claims Tribunals constituted under Section 165(1) of the Motor Vehicles Act, 1988 (No. 59 of 1988).

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Kerala State Motor Accidents Claims Tribunal (Destruction of Records) Rules, 2004.

(2)     They shall come into force at once.

Rule - 2. Index paper to be opened.

An Index in the form given in Appendix A shall be put up with the record of every case on its first institution in each Tribunal and each paper, as it is filed with the record, shall be entered in such index. In the case of processes the date of issue of the process will be entered in column 2 and the date of return after execution in column 3. In the case of depositions, the date to be entered in column 2 shall be the date on which the deposition was completed and the date in column 3 shall be the date on which it was commenced. In the cases of awards the date which the award bears shall be entered in column 2 and the dates of their receipt by the clerk shall be entered in column 3. All the exhibits marked in the case should be noted in column 5 and the return of the documents noted in the Remarks column.

Rule - 3. Records to be divided into parts.

(1)     Every record shall, after its completion and immediately before it is consigned to record room, be divided into parts as shown in the table given in Appendix B and to facilitate this division each paper shall, as soon as it is filed with the record, be numbered and entered in column 4 of the Index as appertaining to one or another of such parts:

Provided that the presiding officer at any time may, for reasons to be recorded in writing, direct that any of the papers in any one part be transferred to any other part for which a longer period of retention is prescribed, in which case the fact shall be noted in the index and the papers dealt with as if they had belonged from the commencement to the part to which they were so transferred.

Explanation. For the purpose of these rules, the records shall be taken to have reached completion on the date of the final order, or in the event of an appeal, on the date of final order of the appellate Court.

(2)     No application is necessary for the return of documents produced, which have either not been tendered in evidence, or, if tendered, have been rejected. However, their return should be acknowledged in the list with which they are filed.

Rule - 4. Periods of retention of records.

The parts of records described in the table given in Appendix C shall be retained for the periods respectively specified against them from the date of their completion.

Rule - 5. Periods of retention of registers etc.

The registers, books and papers described in the table given in Appendix D shall be retained for the periods respectively specified against them reckoning from their respective dates or from the dates on which they close.

Rule - 6. Records, Registers etc.

To be destroyed after prescribed, All records, registers, books and papers described in the tables given in Appendix 'B' and 'C shall be destroyed at the expiration of the periods of retention respectively prescribed by Rules 3 and 4:

Provided that documents produced in Tribunals by Government Officials or sent for under Order XIII Rule 10 of the Code of Civil Procedure, shall not be destroyed, but shall, if not previously returned, be returned on the expiry of the period of retention:

Provided further that copper plate deeds of grant, public records or other documents of archaeological or historical interest shall be destroyed only after obtaining the orders of the Government as to whether such articles are to be forwarded to the Government or should be destroyed:

Provided also that the records connected with claims to service and personal matters affecting persons in service, and orders and sanctions of a permanent character until revised, shall not be destroyed.

Rule - 7. Notice of destruction.

(1)     A notice shall be published by affixture to the notice board of the Tribunal stating that all documents filed in the proceedings to be therein enumerated, will, unless previously reclaimed, be destroyed on the expiry of a period of three months from the date of publication of the notice. The notice shall be published by the 15th of January and the 15th of July of each year shall remain on the board for not less than a month.

(2)     The following foot note shall be entered at the foot of every copy of awards granted by the Tribunal.

"The parties should apply as soon as possible for the return of all documents which they may wish to preserve, as the record will be liable to be destroyed after twelve years from this date".

Rule - 8. Manner of destruction.

With the exemption of Gazettes, which may be sold as waste paper, all records, registers, books and papers to be destroyed under these rules shall be burnt in the presence of the record-keeper or disposed of in such other manner as the Government may direct.

Rule - 9. List of documents destroyed.

Whenever records, registers, books or papers are destroyed or disposed of under these rules, a complete list of such records, registers, books or papers so destroyed or disposed of shall be prepared and the date of destruction shall be entered at the head thereof. The record keeper shall certify the correctness of the list.