THE STATE TRANSPORT APPELLATE TRIBUNAL (DESTRUCTION OF RECORDS) RULES, 1982

[1][THE STATE TRANSPORT APPELLATE TRIBUNAL (DESTRUCTION OF RECORDS) RULES, 1982

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) and of all other powers enabling it in that behalf, the Government of Kerala hereby make the following rules for the disposal by destruction or otherwise of the records in the possession or custody of the Kerala State Transport Appellate Tribunal constituted under sub-section (2) of section 64 of the Motor Vehicles Act, 1939 (Central Act4of 1939), namely:-

Rule - 1. Short title and commencement.-

(1)     These rules may be called the Kerala State Transport Appellate Tribunal (Destruction of Records) Rules, 1982.

(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 with the records of every case on its first institution in the Office of the Tribunal and each paper, as it is filed with the record, shall be entered in such index. In the case of notice, the date of issue shall be entered in column 2 and the date of return after execution shall be entered in column 3. In the case of judgments and orders, the date which the judgment or order bears shall be entered in column 2 and the date of their receipt by the clerk shall be entered in column 3. All the Exhibits marked in the case shall be entered 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 its deposit in the record room, be divided into parts as shown in the table given in Appendix B. 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 in Appendix A as appertaining to one or other of such parts:

Provided that the Tribunal may at any time for reasons to be recorded in writing, direct that any of the papers in any one part be transferred to the 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 judgment or order of the Tribunal.

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

Rule - 4. Periods of retention of records.-

The pails 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 to be reckoned from their respective dates or from the dates on which they are closed,

Rule - 6. Records, registers etc. to be destroyed after the prescribed period.-

All records, registers, books and papers described in Appendix 'C' and Appendix 'D' shall be destroyed at the expiration of the periods of retention respectively prescribed by rule 4 and 5:

Provided that files produced in the Office of the Tribunal by any Regional Transport Authority or the State Transport Authority shall not be destroyed, but shall be returned to them on the expiry of the period of retention, if they are not returned earlier:

Provided further that records connected with expenditure within the statue of limitation, the records connected with claims to service and personal matters affecting persons in service and orders and sanctions of a permanent character shall not be destroyed.

Rule - 7. Notice of Destruction.-

A Notice shall be published by affixture to the Notice Board of the Office of the Tribunal stating that all documents filed in the proceedings therein enumerated, will, unless provisionaly 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 and shall remain on the Notice Board of the Office of the Tribunal for not less than a month.

Rule - 8. Manner of Destruction.-

The records to be destroyed shall be destroyed by tearing them into small pieces and the torn pieces shall thereafter be disposed of by being sold, subject to such directions as may be issued by the Government from time to time regarding the disposal of waste paper. Gazettes due to be destroyed shall be sold as waste paper without being torn.

Rule - 9. List of Documents destroyed.-

Whenever records, registers, books or papers destroyed or disposed of under those 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 should certify the correctness of the list.

Rule - 10.

The Tribunal shall maintain destruction register in the Form prescribed in Appendix 'E'. It shall be the duty of the Record Keeper to make the entries in the Register.

APPENDIX A

INDEX

(See Rule-2)

.................................................No............................of............................................ on the file of the Kerala State Transport Appellate Tribunal, Ernakulam.

APPENDIX B

(See Rule-3)

Table showing the divisions of the record and the description of the papers falling under each division as regards proceedings before the Kerala State Transport Appellate Tribunal.

APPENDIX C

(See Rule-4)

Table showing the periods prescribed for the retention of the various parts of the records in the various classes of proceedings before the Kerala State Transport Appellate Tribunal.

APPENDIX D

(See Rule-5)

Table showing the periods prescribed for the retention of the various Registers, Books and other papers maintained in the Office of the Kerala State Transport Appellate Tribunal.

APPENDIX E

(See Rule-10)

1.        RECORD DESTRUCTION REGISTER OF MOTOR VEHICLE ACT APPEALS MOTOR VEHICLES ACT REVISION PETITIONS

Kerala State Transport Appellate Tribunal, Ernakulam Year:

Part I