Chap. IX ] 288 [ Appendix 9.

01

APPENDIX – 9.01
(See paragraph 9.010)

INSTRUCTIONS FOR S.D.O’s AND SUB-ENGINEERS (E. & M.)

For care and maintenance of steam plant
General

1. (a) The Sub-Engineer (E & M) in his examination of a boiler and its fittings should
carefully examine the safety valves and should at every inspection satisfy himself
that they are in good working order; if he has any doubt as to the pressure on
them, he should see them tried under steam and satisfy himself that they blow off
properly at the pressure assigned to them.
(b) The safety valves should be set to the working pressure and locked. The keys shall
be kept by the S.D.O.
(c) In setting the safety valves care should be taken that each safety valve has a lift
equal to at least one-fourth its diameter and that the openings for the passage of
steam (to and from the valves), as well as the waste steam pipe should each have
an effective area of discharge not less than the driver combined area of valves they
serve.

2. A pressure once allowed in the boiler is not, under any circumstances to be

increased or the safety valve altered by the driver.

3. The Sub-Engineer (E&M) should see that the steam pressure gauge, glass water
gauge and gauge cocks and blow off cocks are in order.

4. The fusible or lead plug should be examined by the Sub-Engineer E&M on every
inspection and a report sent to the E.E. that this has been done.

Inspection of boilers
The inspection of a boiler may be either:-
(a) To ascertain its general condition.
(b) A full test.

The former will be carried out when there is no doubt as to its generally satisfactory
condition; the latter when this is doubtful.

For the former (a)-

The boiler should be examined externally for wasting from corrosion and leaks
and their location recorded.
All internal seams should be carefully examined and the effect of corrosion or
pitting noted.
All stays should be examined and tested by light blows of a hammer to reveal by
sound whether they are cracked or broken.
Chap. IX ] 289 [ Appendix 9.01

For the full test (b) –

The boiler should when necessary after the above, subjected to a careful test by
hot water at a temperature of 1000 to 2080 Fahr. and at a pressure which exceeds the
working pressure by 5 percent.

The pressure to be applied after the boiler has become sufficiently warm to
produce uniform expansion of the plates while the pressure is on. All exposed surface of
the boiler should be tested with light blows of a hammer and all flat stayed surface proved
with a straight edge and any change in form noted.

When the test pressure is removed permanent set and alteration of shape should be
noted and search made for indication of weaknesses developed during the test. A boiler
should be inspected if in regular use twice a year but if used only during the rains, one
inspection is sufficient. After the boiler has been examined and tested the parts of the
engine must be carefully examined and the results entered in the form given in appending
9.05.
_____________
Chap. IX ] 290 [ Appendix 9.02

APPENDIX 9.02
(See paragraph 9.010)

INSTRUCTIONS FOR DRIVERS

The care and maintenance of steam plant

1. Wash-out of a boiler – (a) The boiler to be washed out once a week.

(b) The tubes, fire-box and fire-bars to cleaned. A man-hole is provided in the side of
a boiler for cleaning of the fire-box, crown stays and the outside of the tubes. This
is a most important duty and the drivers must not neglect it.

Boiler fluid – Boiler fluid should be used for wash-out to remove all the accumulat d
scale inside the boiler due to dirty water, etc.

2. Boiler to be kept clean – The boiler must be kept clean and care taken that there is
no blowing through the piston.
3. The drivers should not fill the boiler whilst hot, this damages it by the consequent
contraction of the plates.
4. The boiler must not be blown off under steam.
5. Bearings and brasses – To keep the engine in good working order, the bearing and
brasses must have careful attention. No bearing should, at any time, be allowed to
work hot or to knock whilst working; the brasses to be kept tight enough (but not
too tight) both heating or knocking must be prevented.
6. Bolts and nuts – All bolts and nuts and studs must be kept perfectly tight and split
pins should not be loose.
7. All the oil holes and channels to be kept clean it is essential that the oil used
should go to the part for which it is intended.
8. The engine must be kept clean by wiping off oil, etc., instead of allowing it to
accumulate and form scale.
9. The practice of leaving engines in the evening with steam pressure on is most
objectionable and dangerous. Driver also must not leave their engines till the
pressure is run down.
10. After a day’s work the engine should be left on the side of the road and not in the
centre.
11. Rollers left at roadside at night must have side red lamps. and a chowkidar.
12. After the consolidation is over the engine must be kept under cover, emptied and
cleaned, the turned steel parts covered with a paste of while lead to prevent
corrosion.
13. Engine must always be started on lowest speeds and top speed must not be used
until the metal is nearly consolidated.
14. S.D.O (E&M) and subordinates are responsible for the observance of these
instruction.

_______________
Chap. IX ] 291 [ Appendix 9.03

APPENDIX 9.03
(See Paragraph 9.010)

List of Stores Required for Day’s Use and for a Wash-out of Steam
Roller Weighting 10 to 12 tonnes
(For guidance only)
S.No. Description of Materials Quantity required for 8 Quantity Remarks
hrs. working required for
washout after
100 working
hrs.
(1) (2) (3) (4) (5)
1. Cylinder oil Nassa 79 or 1000 G or 1 Litre Nil
666 G or Cylinder oil H.
2. Main gear oil as above Nil 2 Litre
3. Rotella 30 for oil cups 1.5 Litre Nil
4. Grease cardium E for pump and ½ Kg. Nil
steering gear
5. Grease cups-cup Grease 3 1 Kg. Nil
6. Kerosene 0.5 Litre 1 Litre
7. Cotton waste ½ Kg. 1 Kg.
8. Coconut Oil Nil 100 gm.
9. Wool Nil 20 gm.
10. Copper wire 36 swg. Nil 20 gm.
11. Red lead Nil 250 gm.
12. White lead Nil 250 gm.
13. Washing soap Nil 1 Bar (250
gm.)
14. Washing Soda Nil 500 gm.
15. Asbestos Rope of 15 mm. dia. Nil ½ kg.
16. Steam Joint Sheet Nil 500 gm once a
month
17. Coir string 100 gm. 200 gm.
18. Hemp Superior Nil 200 gm.
19. Boiler Composition Nil 1 Litre. Use
one day prior
to wash out.
20. Match box Nil One
21. Fire Wood 6 Kg. Nil
22. Steam coal or Fire Wood 0.3 to 0.5 Cum according
to the Quality OR 12 to
14 quintals of dry fire
wood.
23 Emery Nil 1 sheet
24 Brasso Polish Nil 1 Tin
Chap. IX ] 292 [ Appendix 9.04

APPENDIX 9.04
(See Paragraph 9.010)

History Register of Boiler in the …………………….

Circle………………………Department
Engine Name of Single Tonnage Date of Date of
number mark compound or manufacture inspection
double
cylinder
engine
(1) (2) (3) (4) (5) (6)

Working Estimated Expenditure Drivers name and Remarks

pressure amount of qualifications
repairs as per
Appendix 9.05
(7) (8) (9) (10) (11)
Chap. IX ] 293 [ Appendix 9.05

APPENDIX 9.05
(See Paragraph 9.010)

Form of Report on the Condition of Engine and Boiler and Repairs

Executed
Name of Part Condition Cost of Remarks
when repairs after
inspected by completion
Sub Engineer of repair
and S.D.O.
(1) (2) (3) (4)
Boiler Rs.
Ps.
1. Boiler tubes
2. Crown Plates
3. Fire-box and fire-bars
4. Smoke – box
5. Steam gauge
6. Test cocks and gauge column
cocks
7. Blow-off cock
8. Results of test under hydraulic
pressure
Engine
1. Cylinder piston head and
piston rings
2. Slide valve setting and steam
parts
3. Big end and little end brasses
4. Main Brasses
5. Eccentric straps
6. Link motion with blocks
7. Gears
Chap. IX ] 294 [ Appendix 9.05

Name of Part Condition Cost of Remarks

when repairs after
inspected by completion
Sub Engineer of repair
and S.D.O.
(1) (2) (3) (4)
8. All pins, cottars etc.
9. All glands and bushes
10. Feed pump
11. Injector
12. Drain cocks
13. Side wheel and front bogie
14. All bolts and nuts

Note :- The repairs to boiler shall be got done only after the inspection of Boiler Inspector and approval for
the agency for such repairs: After the repairs, the boiler shall be got inspected by the Boiler
Inspector and his test certificates obtained before putting the boiler for use.

Signature of Sub-Engineer (E & M) Signature of S.D.O. Signature of E.E.

Description of engine with maker’s name and No.
…………………………Division …………………….Sub Division
Place date of inspection , vide column (2) Place date when engine
is handed over to S.D.O., vide column (4)
Chap. IX ] 295 [ Appendix 9.06

APPENDIX 9.06

(See paragraph 9.024)

WORKS DEPARTMENT

IkfCyd oDlZ fMikVZesaV

Bid- sheet
uhyke dh cksyh dk r[rk
(A copy, in Hindi and English of this sheet and of the prescribed from of
agreement applicable to the contract shall be available for inspection at the palce of
auction, and their contents shall be fully explained of the bidders.)
¼ bl r[rs dh vksj Bsds ds fy;s ykxw gksus okys bdjkjukes ds fuf'pr uewus
dh ,d udy vaxzt s h vkSj fgUnh eas uhyke ds eqdke ij eqykfgts ds fy;s j[kh
tkosxh vkSj cksyh cksyus okyks dks mldk etewu vPNh rjg le>k fn;k tk;sxk ½
Particulars of the property to be sold by auction :-
uhyke esa csph tkus okyh tk;nkn dh rQlhy %&
Designation of the officer competent to accept the bid (hereinafter called the competent
authority)
cksyh eatwj djus ;ksX; vQlj dk vksgnk ¼tks fd vkxs ;ksX; vf/kdkjh dgk x;k gS½

Designation of the officer holding the auction –

uhyke djus okys vQlj dk vksgnk &&

CONDITION OF SALE
fcØh dh 'krsZ
1. With the approval of the competent authority the officer holding the auction shall
fix the amount at which the auction shall be started and the lowest amount by
which bid shall advance.
1- ;ksX; vf/kdkjh dh eatwjh ls uhyke djus okyk vQlj uhyke dh 'kq: cksyh
dh jde Bgjk nsxk vkSj cksyh c<kus dh de ls de jde Hh Bgjk nsxk-
2. The officer holding the action shall have power to close the auction at any bid.
2- uhyke djus okys vQlj dks v[R;kj gksxk fd fdlh Hkh cksyh ij uhyke
[re dj ns-
3. No person shall be allowed to bid unless he has deposited within S.D.O.
........................................... Sub-Division /E.E. ......................................... Division,
a sum of Rs. ................................ (in words ...........................) in cash.
3- fdlh Hkh 'k[r dks tc rd fd og lc&fMfotuy vkWfQlj -----------------------------
lc fMuhtu@,DlhD;wfVo bathfu;j --------------------------------- fMohtu ds ikl -------
Chap. IX ] 296 [ Appendix 9.06

------------- :i;s ¼v{kjh ------------------------------------------½ uxn tek u dj ns cksyh

cksyus dh btktr ugh nh tkosxh-
Note :– This clause may be deleted, when the value of the lease did not exceed Rs. 200 in
the previous year or when if there was no similar lease in the previous year, the
lease is not expected to fetch more than Rs. 200.

4. After closure, all bidders taking part in the auction or such of them as may be
required by the officer holding the auction, shall sign or make their thumb marks
on the memorandum at the foot of the list of bidders hereinafter given.
4- uhyke [kre gksus ds ckn dqy cksyh cksyus okys tks uhyke esa Hkkx ys ;k
muesa ls ,sls yksx ftudks uhyke djus okyk vQlj dgs vkxs nh gqbZ cksyh
cksyus okyks dh QsgfjLr ds uhps dks ;knnk'r ij nLr[kr djsx a s ;k vxwBs
ds fu'kku yxkosaxAs
5. Any did accepted by the competent authority shall be binding on the bidder. The
competent authority shall not be bound to accept the highest or any bid.
5- ;ksX; vf/kdkjh dh eatwj dh gqbZ dksbZ cksyh cksyus dks dcwy djuk t:jh
gksxk- ;ksX; vf/kdkjh ds fy;s ;g t:jh ugh gS fd lcls T;knk jde dh
cksyh ;k dksbZ Hkh cksyh eatwj djs-
6. No contract shall be complete until the competent authority has passed an order
accepting the bid and the bidder shall have no right to work under the contract
until such order is passed.
6- tc rd ;ksX; vf/kdkjh cksyh eatwj djus dk gqDe u nsxk rc rd dksbZ
Bsdk iDdk u gksxk vkSj ,slk gqDe gksus rd cksyh cksyus okys dks Bsds ds
eqrkfcd dke djus dk dksbZ gd u gksxk-
7. The person whose bid is accepted shall, if instructed by the competent authority,
execute an agreement in the prescribed from within the time fixed by the said
authority.
7- ftl 'k[l dks cksyh eatwj dh tk;sxh og gkfde etkt ds funsZ'ku ds
eqrkfcd mlds eqdjZj fd;s gq, oDr ds vUnj eqdjZj uewus esa ,d
bdjkjukek fy[skxkA
8. If any person fails to execute the agreement within the time fixed as aforesaid, the
competent authority may accept any other bid in this bid-sheet in this bid-sheet or
order a re-auction, and such persons shall be liable for any loss that may be
sustained by the Government. The amount of the loss may be recovered as an
arrear of land revenue.
8- vxj dksbZ 'k[l igys dgs x;s fuf'pr le; ds vUnj bdjkjukek u fy[ks
rks ;ksX; vf/kdkjh bl cksyh ds r[rs esa ntZ dh gqbZ fdlh nwljh cksyh dks
eatwj dj ldrk gS ;k fQj ls uhyke djus dk gqDe ns ldrk gS vkSj og
'k[l ml uqdlku dk nsunkj gksxk tks ljdkj dks mBkuk iM+s uqdlku dks
jde crkSj cdk; ekyxqtkjh ds olwy dh tk ldrh gSA
Chap. IX ] 297 [ Appendix 9.06

LIST OF BIDDERS
cksyh cksyus okyksa dh QsgfjLr
Name of bidder Amount of bid
cksyh cksyus okys dk uke cksyh dh jde
Rs. Ps.
:- iSls
MEMORANDUM
;knnk'r
We, being the person who have made the bids as shown against our names in the
aforesaid list, have understood the condition of this bid-sheet and the agreement
applicable to the contract which have been explained to us and we agree that each of us is
liable to be held to his respective bid if it is accepted by the competent authority.
mij crykbZ gqbZ QsgfjLr eas gekjs uke ds lkeus ntZ dh gqbZ cksfy;ka geus
cksyh gSa vkSj bl cksyh ds r[rs vkSj Bsds bdjkjukesa dh 'krsZ tks gesa cryk nh xbZ
gSa geus le> yh gS ge bdjkj djrs gSa fd ;ksX; vf/kdkjh ds eat a wj djus ij geesa
ls gj,d 'k[l viuh&viuh cksyh dh jde dk nsunkj gksxk-
Name in Full and Address Signature or thumb-mark of the bidder cksyh cksyus
iwjk uke o irk okys ds nLr[kr ;k vaxwBs dk fu'kku

....................................
Date .......................... 20 Signature of officer holding the auction
rkjh[k -------------------------20 uhyke djus okys vQlj ds nLr[kr

I accept the bid of Rs. .............................................................................. (in words)

Rs. ............................................................................................................................... made
by ..........................................................................................................................................

eSa --------------------------------------------- dh :i;s ----------------------------------------------------------- ¼v{kjh½

----------------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------- dh cksyh eatwj djrk gwAa

....................................
Date ...............................20 Signature of competent authority

rkjh[k -----------------------------20 ;ksX; vf/kdkjh ds nLr[kr

Chap. IX ] 298 [ Appendix 9.07

APPENDIX 9.07

(See paragraph 9.028)

Agreement form for Lease of Encamping Grounds

I/We ............................................................. son(s) of ............................................

resident of ................................................ in ............................................................. tahsil
of ....................................................................... district, do hereby agree to lease the
encamping ground situated in kilometer ............................ of the .............................. road
from the
...................................... Division ......................................... for a period of
.................................................. years that is to say from .....................................................
to ................................................................ for which I/We agree to pay Rs. ......................
only in two installment annually on the 1st April and 1st September of each year.

I/We further agree to plough up the entire land and to use the said land for
agriculture purpose and for growing food crops only.

I/We also agree to vacate the encamping ground at any time when required by the
department after 24 hour’s notice has been given by the E.E.

In the event of my/our being required to vacate the encamping ground, I/We
agree to accept full payment for damage such compensation as may be assessed by the
Collector.
Chap. IX ] 299 [ Appendix 9.08

Appendix 9.08
(See paragraph 9.031)

Executive Instructions for the Transport of Heavy Machinery

and Plant on W.D. Roads

1. Heavy machinery and plant, which cannot be carried in the ordinary Country carts
or in vehicles drawn by not more than four bullocks or in licensed motor vehicles
shall not be transported along Government roads unless the permission of the E.E.
has been obtained in accordance with these rules and an agreement has been
executed in the form prescribed in Annexure A.

2. Any person, who transports heavy machinery or plant along Government road
without executing an agreement as required by rule I shall be deemed to have
trespassed on the road and shall be proceeded against according to law.

3. An application for permission to transport heavy machinery shall be made to the

E.E. of the division not less than 21 days before the date on or from which such
transport is to be commenced. in exceptional cases, the E.E. may accept less than
21 days notice, if there is sufficient time to allow him to take action in accordance
with rule 8(a).

4. The application shall contain the following information :-

(a) Weight of load, which it is proposed to carry (taken from railway receipt if
possible and certified as such)
(b) Weight of lorry or other conveyance proposed to be used for carrying the
load.
(c) Weight of the locomotive or tractor (if any) which it is intended to use for
the haulage of the load.
(d) Numbers of wheels of lorries, locomotive or tractor if any.
(e) Diameter and width of tread of wheels of lorries locomotive or tractor if any.
(e) Route which it is intended to follow and distance to be traversed, giving
names of starting place and destination.
(f) Date of departure.
(g) Name and address of responsible agent who will accompany the transport.
(h) Precautionary arrangement to be adopted to prevent accidents on sharp
curves or gradients.

5. The following limits are prescribed for dimensions and loads :-

(a) The maximum load on any one vehicle including the weight of the vehicle
itself shall not exceed 16 tones.
(b) The diameter of wheels shall not be less than 46 c.m.
(c) The disputes distance axles of lorries carrying weight in excess of 8 tonnes
shall not be less than 3 meters.
(d) The weight carried shall not exceed 1/8 tonne per c.m. width of tyre, nor
shall the total weight on one axle exceed 11 tonnes.

6. The following rules shall be observed as to the rate of travel and precautions to be
taken at night and at the time the vehicles are in motion :-
Chap. IX ] 300 [ Appendix 9.08

(a) The rates haulage over bridges shall not exceed 10 km per hour.
(b) At night the vehicle shall be drawn up to one side of the road and the road
width shall not be obstructed.
(c) At night, the vehicle so drawn up shall have two head lights and two tails
lights coloured red, and a chowkidar shall be kept in its charge.
(d) No vehicle shall travel between sunset and sunrise except with the special
permission of the E.E., which will only be given in a case of emergency.

7. The following instruction shall be observed in the case of break down :-

(a) The owner shall be responsible for clearing his vehicles and load off the
road within 24 hours of the break-down.
(b) The break- down shell be reported at once by the owner or his agent who so
ever is on the spot to the nearest W.D. official.
(c) Crowbars or other implements likely to damage the road surfaces shall not
be used to facilitate transport.
8. (a) Before granting the permission requested in application, made in accordance
with rule 3 and drawing up an agreement, the E.E. shall satisfy himself that
the bridge on the roads to be traversed are capable of carrying the load, and
shall expressly forbid the applicant to use such bridges as he considers
unsafe and shall enter details of them in the agreement. This shall not
however render Government in any way responsible for any damage caused
to the applicant’s conveyance, engines, plant, machyincry or staff by his
taking them over bridges not specified as unsafe.

(b) The applicant shall himself at his own expense, make side –tracks where
neoessary owing to bridges not being considered capable of carrying the
load which he wishes to transport. He shall immediately after transport
restore to its original state any portion of the roadway which may be
distributed in the course of the transport.

9. (a) The applicant shall deposit such amount as may be fixed by the E.E. but the
amount so fixed shall not ordinarily exceed Rs. 10 per Km. of the road
traversed.
(b) All sums due under the agreement shall be paid out of the deposit made
under clause (a) and the balance if any shall be refunded to the depositor
after the transport is completed.
(c) Should an applicant give such information under rule 4, which in the opinion
of the E.E. is incorrect, the whole of his deposit shall be liable to be
forfeited.
(d) Should the deposit be insufficient to meet the cost of the damage caused to
the roadways or any workers in connection with it, the applicant shall pay
the additional amount as may be required by the E.E. with in 10 days of
receipt of intimation from him.
10. In the case of any doubt or dispute arising out of or under the agreement referred
to in rule 1, the matter shall be referred to the S.E. whose decision shall be final
and binding on both parties to it.
Chap. IX ] 301 [ Appendix 9.08

APPENDIX 9.08

ANNEXURE - A
Form of agreement for the transport of heavy machinery on W.D. roads, referred to
in rule 1

This agreement made this day of ………………………………….. 19 ………..

between the Governor of Madhya Pradesh acting through the E.E., Division of one part
and……………………………………son of ………………………………… resident of
……………………………...………………………………………… district (hereinafter
called the applicant which expression shal when the context os admits, be deemed to
include his heirs, executors, administrator and assigns) of the other part.

Whereby it is agreed as follows :-

1. The applicant is hereby permitted to transport the following loads :-

Number of Lorry
Weight Loaded in Lorry.
…………………………………………………………
…………………………………………………………
…………………………………………………………
Details of lorries :-

Lorry Weight of lorry Width of tyre Diameter of Distance

No. wheel between axles

along the following roads in charge of the …………………………… Department

Name of road From To Kilometre

………………………
………………………
………………………
Chap. IX ] 302 [ Appendix 9.08

Numbers must correspond i.e. numbers against weights must be those of the lorries in
which the articles are transported.
2. The applicant hereby undertakes to abide by the rules attached hereto in so far as
they are applicable, and to deposit, before commencing the transport a sum of Rs.
........................................ ( ) from which amount such recoveries as may
become due from him may be made by the said E.E. In the event of such recoveries being
in excess of the amount deposited the applicant agrees to make payment of such excess
amount to the said E.E. with in 10 days of the receipt of notice from him of the amount
due.
3. The applicant hereby absolves Government from all responsibility and liability for
any loss which he may incur due to bridges, culverts or causeways, other than those
mentioned below proving insufficiently not to make use of the following bridge, etc.,
which are according to the said E.E. unsafe on the date of execution of this agreement for
the loads which he is permitted to transport :-

Kilometre Description of work

4. Any money falling due under this agreement shall, if not paid by the applicant, be
recoverable from him as an arrear of land revenue.
Applicant.
Date

Witness.
Witness .
Date
Executive Engineer.

Date
Witness
Witness
Date
Chap. IX ] 303 [ Appendix 9.09

APPENDIX 9.09

(See paragraph 9.037)

Extracts of the Law Department

Chapter VIII – Prosecution of Criminal Cases

Instituted at the Instance of Departmental Officers

Para 107. Scope of the Chapter :

The rules in this chapter relate to departmental prosecution i.e. criminal cases
instituted at the instance of a Government Officer relating to acts of which he has
knowledge in his official capacity. Its contents are intended mainly to help officers who
have no experience of the procedure followed in the institution and conduct of cases in
criminal Courts .

Para 108.-Expediency of consulting district Magistrate in all cases;

Before launching a prosecution a government officer should consult the district
magistrate informally regarding the procedure to be adopted, unless the cases of a kind
which is frequently launched by the department to which such officer belongs and the
procedure is familiar to him. In all cases of doubt the District Magistrate should be
consulted.

Para 109.- Report to police in cognizable cases ;

When the offence is cognizable (i.e., one in which column 4 of the first schedule
of the code of criminal procedure 1973 (No.2 of 1974), shows that the police may arrest
without warrant) there is no difficulty. A report should be sent, giving a clear, consecutive
and chronological statement of the salient facts to the nearest police station.

Note: - Amendments issued from time to time are also to be taken into Account before
taking action.

All further steps will be taken by the police, but the officer making the report must
render all assistance in his power.

Para 110. District Magistrate to be consulted in Non-cognizable

cases:
When the offence is non-cognizable (i.e. one in which column 4 of the first
schedule of the code of criminal procedure.1973 (No. 2 of 1974) shows that the police
may not arrest without warrant) and is of a kind not familiar to the departmental officer
instituting the prosecution. the District Magistrate should always be consulted as certain
formalities may be required in the institution of the case to ensure that the prosecution is
legal. These formalities are set-out in sub-section(1) (a) of section 195 and in section 197
of the code of criminal procedure. 1973 (No. 2 of 1974).

Para 111. Complaint in cases not requiring sanction of Government :

(1) When the case does not fall within the scope of section.197 of the code of
criminal procedure. 1973 (No.2 of 1974), the officer instituting the
prosecution should send a written complaint to the magistrate having
jurisdiction.
Chap. IX ] 304 [ Appendix 9.09

(2) The complaint should give a clear consecutive and chronological statement
of the salient facts.
(3) If the case falls within the scope of Subsection (1) (a) of section 195 of the
Code, the complaint should contain a statement that, with reference to that
section, the complainant is the public servant concerned.
(4) Under clause (a) of the first proviso to section 200 of the code it is no longer
necessary for a public servant to be examined by the Court when he makes a
complaint in his official capacity; but if the complaint is intricated the
officer making it should present it should present it personally in order that
the Court may have an opportunity of alucidating any obscure point.

Para 112. Procedure in cases requiring sanction :

(1) When the case falls within the scope of section 197 (of the Code of Criminal
prosecution 197) of the Code of Criminal procedure; 1973 (No. 2 of 1974),
no prosecution can be instituted without the previous sanction (as the case
may be) of the Government.
(2) The Departmental authorities should consult the District Magistrate and
submit a complete report to Government through the head of the department
concerned. Further steps to be taken will be indicated in Governments
orders.
(3) If there be doubt whether section 197 of the code or Criminal procedure,
1973 (No. 2 of 1974), applies, the legal Remmembrancer should be
invariably be consulted.

Para 113 Appointment of Prosecutor in simple cases :

In simple cases of departmental prosecutions, for which the police are not
responsible, the officer laying the complaint is responsible for the proper prosecution of
the case. This should ordinarily be done by appointing a departmental officer or
subordinate familiar with the facts of the case to be prosecutor. Such prosecutor must ask
for the Court’s permission to appear under section 302 of the Code of Criminal
procedure, 1973 (No. 2 of 1974).

Para 114 Engagement of public prosecutor in complicated cases;

When the case is a complicated one, the officer instituting it should approach the
District Magistrate with a view to the engagement of the public prosecutor.

Para 117. Procedure in cases involving loss mentioned in rule 22 of Financial

Code :
When a prosecution against a Government servant is or is likely to be necessary in
connection with the losses mentioned in rule 22 read with the instruction in Appendix I
Fin. Code Vol. 11 of the Financial Code Volume I, the following procedure shall be
followed by the officer of the department concerned.

(a) The officer of the department concerned shall follow the procedure laid
down in the said rules 22 read with the instruction in Appendix I Fin. Code
Vol. II in making reports of losses to the competent authority.
(b) As soon as a reasonable suspicion exists that a criminal offence has been
committed, the senior officer of the department concerned present in the
station shall report to the District Magistrate and ask for a regular police
investigation under the Code of criminal procedure, 1973 ( No. 2 of 1974).
Chap. IX ] 305 [ Appendix 9.09

(c) If the District Magistrate agrees that an investigation may be made, the
senior officer of the department concerned present in the station should (i)
request the District Magistrate to arrange for the investigating to proceed
from day to day (ii) see that all witnesses and documents are made available
to the investigating officer and (iii) associate with the investigation officer
an officer of the department who is not personally concerned with the
irregularity leading up to the loss. but who is fully cognizant of the rules and
procedure of the office in which the loss has occurred.
(d) When the investigation is completed an officer of the department
(accompanied by the officer who attended the investigation) shall be made
available for conferences with the authority who will decide whether a
prosecution should be instituted if it is decided not to prosecute the case
shall be reported through the usual channel to government for orders.
(e) If it is decided to prosecute the departmental representative should ascertain
from the prosecuting officer whether having regard to the engagements of
the prosecuting staff and the state of work in the court which would
ordinarily hear the case, it is necessary to move the district Magistrate to
make special arrangements for a speedy trial and should request the
prosecuting officer to make any application that he may think necessary.
(f) When the case is put in to court by the police, the senior officer of the
department concerned present in the station should see that all witnesses
serving in the department and all documentary evidence in the control of the
department are punctually produced and should also appoint an officer of the
department (preferrably the officer who attended the investigation) to attend
the proceedings in Court and assist the prosecuting staff.
(g) If any prosecution results in the discharge of acquittal of any person or in the
imposition of sentences which appear to be inadequate the senior officer of
the department concerned should at once consult the District Magistrate as to
the advisibility of instituting further proceedings in revision or appeal as the
case may be and if the District Magistrate is of the opinion that further
proceedings are necessary should request ;him to proceed as he would in any
other case.
(h) The Senior Officer of the department concerned present in the station should
see that in addition to the reports required under clauses (a), (b) and (d)
above prompt reports are submitted to Government through the usual
channel regarding, –
(i) the commencement of a police investigation ;
(ii) the decision to prosecute in any particular case ;
(iii) the result of any prosecution;
(iv) the decision to proceed further in revision or appeal in any case ;
(v) the result of any proceedings in revision or appeal ;
(i) Not withstanding anything contained in clauses (b) to (h) the senior
officer of the department concerned present in the station may; if he
thinks fit ;refer any matter through the usual channel for ;the orders of
government before taking action .
Chap. IX ] 306 [ Appendix 9.09

Chapter IX— Assistance to Government Servants in Criminal Cases

Instituted by or against them.
Para 118. Scope of the Chapter:
The rules in this chapter provide for assistance to be given to government servants
in instituting criminal cases for defamation and in defending criminal cases instituted
against them in relation to acts done by them in their official capacity.

Para 119. Assistance in prosecutions for defamation :

When Government, on an application by a government servant consider it desirable
that he should prosecute under section 500 of the Indian Penal Code, (XLVof 1960) for a
defamation uttered or published against him in his capacity as public servant if will assist
him and engage the Public Prosecutor to appear. The application should be made through
the District Magistrate or the head of the department .

Para 120. Reporting prosecution:

(1) When a prosecution is instituted against a Government Servant for anything
done by him in his official capacity he shall at once inform his superior
officer and the head of the department and report to them as soon as possible
there after the facts and circumstances of the case.
(2) The head of the department shall then make or have such enquiries made be
necessary and forward the report to Government with his comments and
recommendations for orders.

Para 121. Defence of Government servant:

(1) When a prosecution is instituted against a Government servant on account of
an act done by him in his official capacity, government may defray the
expenses of his defence, provided his act was justified by law, or provided
he believed himself after due care and attention to be justified by law in
doing it. A
pre-requisite for Government’s assistance is that the act of the
Government servant must be either---
(a) in strict ;accordance with law ; or
(b) else be covered by any of the recognised exceptions enumerated in
section 76 to 79 of the Indian Penal Code (XLV of 1960).

(2) When Government declines to defend a Government servant he may, on his own
responsibility and at his own expense, take such measures as he considers
necessary provided that they will not interfere with the performance of his official
duties. In such a case if the final decision is in favour of the Government servant
Government will ordinarily reimburse such expenses as it may consider to be
reasonable.
(1) Procedure when section 197, criminal procedure code applies :- When a
prosecution is instituted against a Government servant who is not removable from
his office save by or with the sanction of Government or some higher authority as
required by section 197 of the code of criminal procedure 1973. (No. 2 of 1974 )
and such sanction has not been obtained the court should be requested to reject the
complaint for want of the sanction.
Chap. IX ] 307 [ Appendix 9.09

Para 122. Engagement of counsel:

When the defence of a Government servant is sanctioned by Government, the
services of the public prosecutor may be engaged if this is considered desirable. Where
the services of the public prosecutor are not engaged, a private legal practitioner may be
engaged. The fee payable to the Public Prosecutor or private legal practitioner for the
whole case shall be such amount, not exceeding Rs.100 as the District Magistrate may fix
according to the importance of the case. If it is proposed to fix the according to the
importance of the case. fee at a figure higher than Rs 100 sanction of Government shall
be borne by Government. In petty cases the appearance of the Government servant
himself should ordinarily suffice.

Para 12 (1) Procedure when decision is in favour of the Government servant :-If the case
the defence of which was sanctioned by Government is decided in favour of
the Government servant and if any compensation, costs or damages are
awarded to him the amount of expenses paid by Government shall be
refunded by him up to the limit of such compensation costs or damages .

(2) Procedure when decision is against Government servant:- If the case is

decided against the Government servant the question whether an appeal
should be at the expense or Government or whether the damages awarded to
the complainant or the fine imposed should be paid by Government either of
the application of the officer concerned or on the represenatation of his
superior officer the application or representation shall be submitted to
Government through tahe head of the department Both officers should give
their own considered opinion on it.
Para 124. Duty of counsel when proceeding are likely to prolong :- Whenever
it appears to the public prosecutor or the private legal practitioner appearing
on behalf of the Government servant that the proceedings in the court are
likelu to be prolonged and to interfere with the discharge of the Government
servants public duties or likely to harass him. the public prosecutor or the
private legal practitioner should request the court to deal with the proceedings
with the utmost possible expedition .
Chap. IX ] 308 [ Appendix 9.09

Chapter XII- Suits and other proceedings against Government

– proceedings prior to Institution of Suits
Para 137. Legal advice before receipt of notice:-
This portion of the chapter relates only to the stages subsequent to the receipt of
notice mentioned in rule 141. If a dispute of a civil nature is proceeding but the claimant
has not yet sent such a notice, a departmental officer may obtain legal advice by
following the procedure laid down in chapter IV.

Para 138. Previous notice of suit against Government :

Section 80 of the code of civil procedure 1908 (5 of 1908) provides that no suit shall
be instituted against public officer in his official capacity until the expiration of two
months next after notice in writing has been delivered to or left at the office in the case of
a suit against the central Government a or the collector of the district and in the case of a
suit against public officer delivered to him or left at his office stating the cause of action
the name description secretary to that Government in the case of a suit against state
Government a secretary to the Government Government or a of ant act purporting to be
done by gainst a public officer in respect such and place of residence of the plaintiff and
the relief which he claims and plaint shall contain a statement that such notice has been so
delivered or left.
Para 139. Procedure when suit ;filed without due notice:
When a suit is brought against Government or a public officer without the notice
required by section 80 or the code of civil procedure 1908 ( V of 1908 ) having been duly
served or before the expiry of the period of two months from the date of service of notice
the collector should move the court to dismiss the suit on the ground that it has been
instituted in contraventions of the provisions of that section .

Para 141. Notice to be endorsed and copy sent to law Department:

Immediately on receipt of a notice a claim in which Government is primarily
concerned the officer to whom it is sent should endorse therein the date and manner of its
delivery and furnish certified copy of the notice so endorsed.

Para 142. Duty of the officer-in- Charge:

(1) On receiving the notice the officer in charge shall forth with make a careful enquiry
in to the case and within fifteen days of the of the receipt thereof submit to the
collector a detailed report containing ---

(a) a clear Chronological statement of facts and circumstances of the case in

narrative form with reference to the documentary evidence on both sides and
indications of the oral evidence of either side ;
(b) a separate statement answering serially all points raised in the notice ;
(c) copies of all documents relevant to the case.

(2) In case in which the facts are complicated and of a technical character the officer
in charge should ascertain from the claimant whether if Government agrees, he
himself will agree to have the dispute referred to arbitrator in accordance with
chapter II of the Arbitration Act 1940 (X of 1940). The provisions of that chapter
and the first schedule of that Act should be explained and the advantages or its
cheapness and speedy decision of arbitration proceedings should be pointed ort to
Chap. IX ] 309 [ Appendix 9.09

the claimant If he agrees the proposal in detail should be submitted to the

collector;

Para 143. Papers to be filed in certain circumstances:

If on a perusal of the report of the officer-in-charge the collector considers that
the notice is frivolous or that the notice is frivolous or that the claim made by the notice-
giver is on the face of it untenable be may take no further action on it and file the papers
and give an intimation according to the notice-giver.

Para 144. Procedure for compromising clams below rupees one thousand:
Where the value of the claim is below rupees one thousand, action shall be taken as
follows:-
(a) If on the persual of the report of the officer-in-charge the collector considers
the claim to be genuine in whole or in part, he shall forward all the
connected papers to the public Prosecutor for his opinion on the merits of the
clam and also as to whether the claim should be compromised.
(b) If on considering the opinion of the public prosecutor, the collector is
satisfied that the claim should be compromised, he shall either himself or
through the officer-in-charge open negotiations for compromise with the
notice-giver. But it should be borne in mind that negotiations should as far
as possible, be carried of verbally and without prejudice to the pleadings of
Government in the event of a suit being filed and on the distinct
understanding that any arrangement agreed upon will be subject to the
sanction of the appropriate authority.
(c) If the notice-giver is willing to settle his claim amicably on terms which
appear to the collector to be reasonable the collector shall forth with send all
the connected papers along with the opinion of the public prosecutor and his
recommendation to the head of the department. be construed as referring to
the secretary to Government in that department).
Note:- All action under this rule shall be completed by the collector within one
month from the date of the receipt of notice.
(d) If the head of the department is satisfied that the claim is genuine and should
be compromised on the terms recommend by the collector he shall issue
orders forth with to have the clams settled and the collector shall then take
steps to effect a compromise accordingly .

Para 145 Procedure in other cases:

The collector shall in the following cases forward a detailed report with all
connected papers to the secretary to Government in the appropriate department within one
month from the date of receipt of noatice:-
(i) Where the value of the claim is Rupees one thousand or more;
(ii) Where the value of the clams is below rupees one thousand and the claim
has not been disposed of under rule 144 ;
(iii) Where a proposal for arbitration has been received under sub-rule (2) of rule
142.

Para 146. Orders of Government :

(1) The secretary to the Government in the appropriate department shall, after
examining the case and recording his opinion on the merits there of, send the
papers to the law Department for advice.
Chap. IX ] 310 [ Appendix 9.09

(2) The Law Department shall examine the case and advese whether it should be
defended or where the question of compromise has not been considered whether
the claim should be compromised or where there is a proposal for arbitration,
whether the proposal should be accepted.
(3) The Secretary to the Government in the appropriate department will then obtain
the orders of the minister in charge and send the papers to the Law Department for
issuing orders.

Para 147. Procedure where orders direct compromise:

When the orders under rule 146 direct the collector to compromise the claim of a
notice giver, the collector shall either himself or through the officer-in-charge open
negotiations for compromise with the notice-giver. But it should be borne in mind that
negotiation should as far as possible be carried on verbally and without prejudice to the
pleading of Government in the event of a suit being filed and on the understanding that
any arrangement agreed upon will be subject to the sanction of Government .

Explanation:- For the purpose of this rule and other rules in this chapter, the officer-in-
charge means the executive officer who is primarily concerned with the case and is
cognizant of the facts of the case namely the Executive Engineer in the public works/
Irrigation/ Public Health Engineering Department, in the Forest Department the
Divisional Forest Officer. In a case not falling in a definite recognised department he is
ordinarily the Collector provided that the Government may having regard to the character
of the suit as disclosed by the notice appoint the head or any other officer of the
department concerned to be the officer-in-charge for the purpose of that suit.

B-PROCEEDINGS SUBSEQUENT TO INSTITUTION OF SUITS :-

Para 148. Collector appointed to receive processes :
For the purpose of rule 4 of Order XXVII of the First schedule of the code of Civil
Procedure, 1908 (V of 1908) the Collector shall be the agent of Government for receiving
processes against Government issued by any suit against Government or against a Public
officer in their service.

Para 149. Transfer of summons to officer-in-charge :

When a summons is served upon the Collector to appear and answer claim against
Government he shall immediately transfer the summons to the officer-in-charge.

Para 150 . Officer-in-charge to be recognised agent of Government :

Unless otherwise ordered the Officer-in-charge of a suit shall sign and verify the
written statement in that suit as required by rules 1 of Order XXVII of the First Schedule
of the Code of Civil Procedure 1908 (V of 1908) Under rule 2 of the said order the
Officer-in-charge is also authorised ex-officio to act for the State Government in the suit
and shall be deemed to be the recognisaed agent by whom appearance acts and
application under said Code may be made or done on behalf of the State Government.

Para 151. Engagement of public prosecutor :

Unless the case is of very simple nature which the Officer-in-charge can conduct
efficiently without legal assistance in court he should move the Collector to engage the
service of the Public Prosecutor who shall assist in the preparation of the report
mentioned in rule 152 and in the conduct of the case.
Chap. IX ] 311 [ Appendix 9.09

Para 152. Report after receipt of summons :

(1) The officer-in-charge shall submit a report or the case as soon as may be to
Government. The report need not repeat anything contained in the report submitted under
rule 142 but it should meet all points if any not covered therein. It should further mention
the date of hearing of the suit.
(2) Along with the report there shall be sent :-
(a) a copy of the plaint;
(b) a draft of the proposed written statement;
(c) a list of all documents which it is proposed to file in evidence or, of which
production in court is required;
(d) copies of any papers needed for the elucidation of the case.
(3) When the Public Prosecutor has been engaged the
Officer-in-Charge shall render him all possible assistance.

Para 153. Orders of Government on report

Order of Government on the report will be obtained by the Law Department
through the Secretary to Government concerned with the subject matter of the suit. The
orders will be communicated to the Officer-in-charge by the Law Department through the
head of the department together with any instruction which may be necessary. The notes
recorded by the Law Department in the case should be treated as confidential.

Para 154. Responsibility of Officer-in-charge for production of evidence :

During the trial of the case the Officer-in-charge shall be responsible for the
production of all available evidence and shall assist the Public Prosecutor to the best of
his ability. In particular he shall ascertain if oral evidence is available on any issue on
which evidence is required and shall keep the Public Prosecutor fully informed of the
existence of such evidence.
Para 156. Responsibility of Officer-in-charge or Public Prosecutor for timely action
in suit :
The Officer-in-charge or the Public Prosecutor if engaged shall be responsible for
seeing that timely action is taken where revision of any interim order passed on the course
of a suit is required. He should therefore forward through the head of the department a
copy of such order as soon as it is passed to Government with his recommendations.

Para 157.Report of result of suit :

As soon as the suit is decided the officer-in-charge or the Public Prosecutor if
engaged will report the result to Government through the head of the department. A copy
of the Judgement should be obtained and sent with the report.
Chap. IX ] 312 [ Appendix 9.09

CHAPTER XIII
Para 159.Sanction to institution of suit by Government :
No suit on behalf of Government shall be institution without the sanction of
Government.

Para 160.Desirability of amicable settlement :

(1) The institution of a suit on behalf of Government should not be
recommended until the proposed defended has been given ample
opportunity to state his views and come to an amicable to an amicable
settlement.
(2) While it is the duty of officers of Government to enforce the right and
protect the interest of Government they should not have recourse to the
Law Courts until all eforts to an amicable settlement have failed.

Para 161.Preliminary department inquiry :

Before the institution of a suit is recommended the case for Government should
first been quired into departmentally and evidence accured on all points which are likely
to be contested.

Para 162. Report when suit recommended :

Whenever it appeares to any officer of Government that a suit should be instituted
on behalf of Government he shall submit a complete report through the head of the
department for the orders of Government.

Para 163.Contents of report :

The report should be contain the following particulars :-
(a) a clear chronological statement of the facts and circumstance which in his
opinion render the institution of the suit necessary, and precisely when and
where they occurred ;
(b) a clear statement of all the evidence both oral and documentary by which the
claim can be supported ;
(c) copies of the written documents if any upon which claim is based and any
other papers the inspection of which is considered necessary for the
elucidation of the case ;
(d) the plans on objections if any, which have been urged by the proposed
defendant against the claim;
(e) the evidence, both oral and documentary which so far as is known the
proposed defended will be able and is likely to adduce in his defense ; and
(f) any other materials facts e.g. the circumstances of the proposed defendent
any special reasons for the institution of the suit apart from the amount
claimed whether its decision will affect other claims and the like.

Para 164. Order of Government on the report :

Orders of Government on the report will be obtained by the Law Department
through the Secretary to Government concerned with the subject matter of the proposed
suit. The orders will be communicated by the Law department to the head of the
department together with any instruction which may be consider necessary and the head
of department will transmit them to the officer-in-charge of the suit. The notes recorded
by the Law Department in the case should be treated as confidential.
Chap. IX ] 313 [ Appendix 9.09

Para 165. Engagement of Public Prosecutor :

(1) If Government decides to institute the suit the officer-in-charge should
move the Collector to engage the Public Prosecutor to appear on behalf fo
Government.
(2) In difficult cases the Public Prosecutor may be engaged to help in the
departmental enquiry under rule 161 or in the preparation of the report under
rule 163.

Para 166. Submission of draft plaints

Before the suit is instituted a draft of the plaint with a list of the documents to be
filed and copies of these documents, should be submitted through the head of the
department to Government and instructions should be awaited.

Para 167. Officer-in-charge to sign and verify plaint:

The officer-in-charge shall sign and verify the plaint and also discharge the other
functions described in rule 150 in regard to the suit . Any processes issued to Government
in the suit shall be received by the collector as provided in rule 148.

Para 168. Further procedure:

After the suit is instituted the provisions of rule 154 .156 and 157 should be
followed as far as they are applicable.
Chap. IX ] 314 [ Appendix 9.09

CHAPTER XIV
A—APPEALS AND REVISIONS
Para 169. Procedure when decision is adverse:
When a suit has been decided wholly or in part adversely to Government the
officer-in-charge of the suit should at ;once consider the advisability of filing an appeal
and should consult the public prosecutor if he was engaged in the case.

Para 170 Report when appeal recommended :

(1) If he considers that an appeal should be filed he shall submit a report through the
head of the department for the orders of Government giving his reasons for
recommending an appeal.
(2) The report shall be accompanied by:-
(i) A copy of the judgement and decree against which it is proposed to appeal;
and
(ii) A draft of the proposed memorandum of appeal which shall be drawn up by
the public prosecutor if he was engaged in the case.
(3) The report must be despatched so as to reach Government within fifteen days after
the date of the decree in cases where the appeal lies to the District court and within
one month where the appeal lies to the High Court.
Provided that in a case where the appeal lies to the District court if there is a risk of
appeal becoming barred by time the officer-in-charge may on his own
responsibility after consultation with the public prosecutor file the appeal and
immediately report the action taken to Government .

Para 171. Orders of Government on the report:

Orders of Government on the report will be obtained by the law department
through the secretary to Government concerned with the subject matter of the proposed
appeal. The orders will be communicated to the officer-in-charge by law department
together with any instruction which necessary. The notes recorded by the Law
Department in the case should be treated as confidential.

Para 172. Departmental assistance to counsel conducting an

appeal:-
The officer-in-charge shall render all possible assistance to the counsel appearing
for Government in an appeal ; and he should himself be present at the hearing of a
complicated case or should arrange for the attendance of an officer competent case or
should arrange for the attendance of an officer competent to advise counsel on the facts
and on technical matters.

Para 173. Appeals against decisions in favour of Government :

(1) When an appeal is made against any decision given in favour of Government the
Officer-in-charge of the case shall take such measures as may be necessary to
uphold the decision.
(2) Ordinarily it should not be necessary to apply for instructions to the Law
Department but a reference may in case of doubt or difficulty or when new pleas
are raised :
Provided that in important cases the Public Prosecutor shall report his
proposals for the defense of the appeal to the Law Department for approval.
Chap. IX ] 315 [ Appendix 9.09

(3) A notice of an appeal filed in the High Court shall be forwarded to the Advocate-
General through the Law Department.

Para 174. Second appeals and revisions :

Rules 163 to 167 shall be applicable to appeals against appellate Judgment and
mutatis mutandis to applications for revision.

Para 175. Responsibility of office-in-charge or Public Prosecutor for timely action in

appeals :
The officer-in-charge or the Public Prosecutor if engaged shall be responsible for
seeing that timely action is taken in appeals coming with in the scope of section 97 of the
Code of Civil Procedure 1908 (V of 1908)

B-APPEALS TO SUPREME COURT

Para 176. Advocate-Generals duty in respect of certificate under Article 132(1) of the
Constitution :
In every case before the High Court in which a substantial question of law as to
the interpretation of the Constitution is involved and in which a notice is issued to the
Advocate General he should request the High Court to state in its judgement whether or
not it withholds a certificate under Article 132 (1) of the constitution.

Para 177. Procedure to be followed in regard in regard to an Appeal to the Supreme

Court :
(1) When ever an appeal or other proceeding in which Government is involved is
decided against the Government by the High Court the Advocate-General shall
intimate the fact to Law Department alongwith his opinion whether an appeal
should be preferred to the Supreme Court.
(2) When it is decided by Government to go up in appeal to the Supreme Court from
any judgement decree or any final order of the High Court the Advocate-General
shall if necessary apply to the High Court for grant of a certificate as required by
Article 132(1) of the constitution.

(3) When an appeal is to be filed the Supreme Court the, Advocate- General shall
without delay take steps to have the record prepared in the high court in
accordance with the supreme court Rules and the rules of the High court for
transmission to the Registrar; Supreme court. He shall at the same time prepare a
brief of the case and the tentative grounds of appeal for the use of the Government
agent and counsel at Delhi and forward the same to the law Department for further
action .

(4) If a certificate is refused by the High Court the Advocate-General shall without
delay intimate the fact to the law department along with his advice whether an
application for special leave to appeal should be filed in the supreme court The
Law Department shall then issue necessary instructions to the Government Agent
Delhi.

(5) If a certificate is refused on receipt of intimation regarding the grant of special

leave to appeal by the supreme court in any case the law department shall inform
the Advocate-General, of the fact of case as laid down in sub-rule (3).
Chap. IX ] 316 [ Appendix 9.09

(6) After receipt of the brief of the case and the tentative grounds of appeal from the
Advocate-General the Law Department shall take necessary steps for the filling of
the appeal and for engagement of Counsel for the proper conduct there of in the
Supreme Court.

Para 178. Procedure in regard to an appeal or a petition for leave to appeal in the
supreme court be a private party:
(1) On receipt of a notice of appeal or of a petition for leave to appeal in the Supreme
court by a Private party against Government the Law Department shall intimate
the fact to the Advocate-General and to the department concerned. The Law
Department shall also at the same time send intimation in respect of such notices
tothe Government Agent, Delhi.

(2) On receipt of intimation the Advocate-General shall prepare a brief of the case for
use of the Government Agent and Counsel at Delhi and send the same to the Law
Department .

(3) The Law Department shall then send necessary instructions to the Government
Agent for the propler conduct of the appeal or petition on behalf of the State
Government.
___________
Chap. IX ] 317 [ Appendix 9.10

APPENDIX 9.10

(See paragraph 9.056)

RULES FOR THE CUSTODY AND USE OF EXPLOSIVES

1. The rules to regulate the possession sale etc; of explosives are laid down in the
Explosives Rules; 1940, published by the Government of India . Department of
Labour with their notification No. M- 1217(1) dated the 30th November 1940.

2. For ordinary blasting purposes only Gun-powder Gelignite and Gelatine many be
kept in stock .

3. The purchase and use of high explosives other than the Nitrocompounds
commonly used for blasting purposes require the prior sanction of the State
Government .

4. Whenever it is necessary to store explosives the Executive Engineer will estimate

his requirements intimate them to the District Magistrate and inform him where he
intends to keep them . Before obtaining the explosives the Executive Engineer
shall arrange for a magazine built and erected in accordance with the Explosives
Rules 1940. A plan in duplicate, showing the site and details of construction of the
magazine shall be submitted to the chief Inspector of Explosives in India for
approval .

5. (a) Magazines shall be small and shall be so constructed as to provide 1.5 sq.m. of
storage space for each 1000 kg. of explosives to be kept therein.

(b) Nitro-Compounds; Gunpowder and safety fuse may be stored in the same
cell.Detonators must be stored by themselves in an ;annexe and safety cartridges
and percussion caps in a separate cell built on the opposite side of the magazine to
that of the detonators annexe. The annexe must be so constructed that not less that
two feet of masonry and three feet of air space intervenes between any detonators
in such annexe and the interior of the main magazine and there must be no direct
communication with; or doorway leading to the main magazine or lobby. If the
number of detonators to be stored exceeds 40.000, a separate magazine shall be
built and erected in accordance with the Explosives Rules 1940, and shall observe
the safety distances laid down in those Rules.

6. (a) Where explosives have to be kept away from the main magazines, portable
magazines of corrugated iron lined with wood and capable of being taken sown
and re-erected to follow the progress of the word shall be built in accordance with
plans approved by the Chief Inspector of Explosives in India and shall maintain
the distance required to be kept clear round a magazine as laid down in the
Explosives Rules 1940. Detonators must be stored in a similar magazine situated
at a distance of 100 metres from the blasting explosives magaazine. A guard of
such strenth as the District. Magistrate may consider to be sufficient must be
provided for the safe custody of the magazine .
Chap. IX ] 318 [ Appendix 9.10

(b) The quantity of explosives to be stored in portable magazines must be strictly

limited No more than a months supply at a time shall be issued from the nearest
main magazine.

7 (a) Registers for main or portable magazines will be maintained by the S.D.O.or W.D.
subordinate in charge showing ---

(1) the stock in hand of explosives;

(2) the amount issued and the date or issue;

(3) the name of the contractor or workmen to whom the explosives are issued and the
work for which the same is issued;

(4) the balances in hand after each issue.

Each transaction will be initialed and dated by the S.D.O. or the subordinate in charge.
Entries in the register must be made daily immediately after each transaction.

(a) Any explosives not used during the days work shall be replaced in the magazines
or portable magazine by the officer-in-charge before leaving the work.

(b) Explosives should not be allowed to remain in athe portable magazines mentioned
in rule 6 above longer than is absolutely essential ; As soon as the blasting
operations in a locality are completed or temporarily suspended the balance of the
explosives must be returned to the nearest magazine with out delay;

8. Before issuing any explosives the S.D.O.or W.D.subordinate in charge of the

work shall. If the locality of the operation is within easy distance. satisfy himself
personally or by a reliable agent of the number of holes;the depth of each hole and
the number and quantity of the explosives actually necessary. record tahe same
and limit the supply accordingly For distant localities the number of holes
proposed to be made must be ascertained and supplies made accordingly.

9. The maximum quantities of explosives issued at one time will be reguklated as

follows according to the distance of the place of work from the magazine:-
(a) Within a radius of 5km.—For one days use .
(b) Within a radius of 8km—For two days use.
(c) Beyond 8km—For one weeks use.
(d) Over 30km—For such period as may be allowed by the E.E.subject to a maximum
of one months consumption .

10. (a) The locks of the magazines and detonator annexe and also of the portable
magazines mentioned in rule 6 shall be such that they cannot be opened by the
same key.
(b) The keys must ;never leave the custody of the S.D.O.or W.D.subordinate in charge
who must be present to unlock and lock the doors when any explosives are issued
or returned.
(c) The duplicate keys must remain locked up in the Divisional safe and must only be
removed there from when the original key is lost or for any other good
Chap. IX ] 319 [ Appendix 9.10

reason with the approval of the E.E.when the original key of a lock is lost the
existing lock should immediately be replaced by a new lock.

11. In cases where it is necessary to entrust contractors with explosives they must
provide themsalves with premises licensed under the explosives Rules 1940 and
keep a register in the form mentioned in rule 7 and to report at the close of each
operation the number of charges exploded the number unexploded if any and to
certify in writing that they have no balance in hand Before being entrusted with
explosives contraactors will be required to sign a declaration to the effect that they
will give a full and true account of the explosives issued to them and the quantity
used the number of charges exploded the number unexploded and the balance in
hand at the close of each particular operation and that they will balance is returned
to the W.D.subordinate in charge immediately after the close of each operation
They must also be made to understand that explosives are allowed to be kept only
by persons duly licensed to possess them and that unless they hold a licence and
comply with the conditions there of they render themselves liable to criminal
prosecution .

12. Applications for licences to possess explosives should be submitted in form C of

the Explosive Rules 1940; to the authority empowered to grant such licences .

13. (a) The E.E.will personally inspect and check the register mentioned in rules 7 and 11
above at frequent intervals ; these inspections being as far as possible in the nature
of surprise checks. Any irregularities found are to be immediately reported to the
S.E.

(b) S.Es. will also bring to notice any irregularities and make suggestions for their
prevention or removal .

(c) The following ate the minimum number of inspections to be made by the E.E.:--

(I) For magazine at Divisional and Sub- Divisional headquarters stations –Once
every six months.

(II) For explosives kept in portable magazines vide rules 6 and 7 –Every taime
he inspects a work in progress on which explosives are being used.

14. Explosives and register of explosives should be always open to inspection by

theD.M.and the District Superintendent of Police.

15. A copy of the general rules to be observed in magazines is given in Annexure 1.

16 A copy of the precautions to be taken in using explosives is given in Annexure 2.

Chap. IX ] 320 [ Appendix 9.10

ANNEXURE 1

GENERAL RULES TO BE OBSERVED IN EXPLOSIVE

MAGAZINES
1. The magazines must be at all times kept scrupulously clean.

2. No unauthorised person is at any time to be admitted info the magazine.

3. The licensee or person in charge as to take care that the magazine is well and
securely locked.

4. The magazine is on no account to be opened during or on the approach of

thunderstorm and no person should remain in the vicinity of the magazine during
such storm.

.5. Magazine shoes without nails must be kept at all times in the magazine and a
wood tub or cement trough about 30 cm. high and 45 c.m. in diameter filled with
water is to be fixed near the door of the magazine

6. Anyone wearing shoes on entering the magazine must put on the magazine shoes
provided for the purpose and be careful--

(a) not to put their feet on the clean floor unless they have on the magazine
shoes;

(b) not to allow the magazine shoes to touch the ground outside the clean floor;
and

(c) not to allow any dirt or grit to fall on the clean floor.

7. A brush or broom is to be kept in the lobby of the magazine for cleaning of the
magazine for cleaning out the magazine on each occasion it is opened for the
receipt delivery or inspection of explosives .

8. No lights nor smoking are to be allowed inside or near the magazine .

9. No person having any matches or articles of steel or iron on him to be allowed to

enter the magazine .

10. Oiled cotton rags and waste and any articles liable to spontaneous ignition must
not be taken in to the magazine.

11. No tools or implements other than those of copper brass gunmetal or wood are to
be allowed inside the magazine. Tools must only be used with great gentleness
and care.

12. Boxes of explosives are not to be thrown down or dragged along the floor and
should be stacked on wooden trestles. Where there are white-ants; the legs of the
trestles should rest in shallow copper; lead or brass bowls containing a little thick
oil.
Chap. IX ] 321 [ Appendix 9.10

13. Empty boxes are to be kept in the magazine nor any loose packing material.

14. The following are to be hung up in the lobby of the magazine:-

(a) A copy of these Rules;

(b) A copy of the licence.

(c) Certificate showing the last date of testing of the lightning conductors.
Chap. IX ] 322 [ Appendix 9.10

ANNEXURE 2

PRECAUTIONS TO BE TAKEN IN USING EXPLOSIVES

I . The shortfirer

(a) Any person in charge of shotfiring, hereafter mentioned as the authorised

shotfirer, shall show to the owner or manager of the working that he understands
the rules here with laid down and the authorised shotfirer shall be held
responsible for any accident that may occur.

(b) He shall be authorised in writing by the owner or manager of the working.

II.-Shot preparing room

In the case of quarries or prospects only

(a) If charges are not prepared by a special shot preparer then the authorised
shotfirer shall himself prepare them.

(b) The fitting of fuse to detonators and detonators to cartridges shall be done in a
small clean room, hut or tent. in which no other person than the special shot
preparer referred to or authorised shotfirers shall be allowed.

(c) The special shot preparer shall show to the owner or manager of the working
that he understands his duties and the rules here with laid down and he shall be
duly authorised in writing by the owner or manager.

III.-Taking explosives to or from the shot preparing room

(a) Cartridges shall not be carried from the magazines to the preparing room in the
same receptacle as the detonators. Secure separate carrying receptacles for each
shall be provided. A receptacle shall consist of a secure case, canister or bag.

(b) In the quarries not more than 2.5 kg. of explosives shall be served from the shot
preparing room to each authorised shotfirer.
Chap. IX ] 323 [ Appendix 9.10

IV.—Shot preparing

(a) Sawdust shall be cleared from the inside of the detonator; this can be done by
tapping the open end gently. No instrument shall be inserted in to the detonator.

(b) The safety fuse shall be cut squarely across and after inserting in the detonator it
shall be fixed by means of the nippers only.

(c) The explosive cartridge shall be opened at one end and a suitable hole for
receiving the detonator shall be made with a copper, wooden or bone pricker. The
detonator shall be inserted in to this hole so that about one –third of the copper
tube is left exposed out side the explosive.

(d) The safety fuse just above the detonator shall be securely tied in position in the
cartridge.

(e) Only waterproof fuse shall be used in wet or damp holes.

(f) If there is water present or if the borehole be damp; the junction of the fuse and
detonator shall be made water-tight by means of a stiff bituminous compound.

V.- Charging the hole

(a) Bore holes shall be of such a size that cartridges can easily pass down them. All
debris shall be cleared from inside a borehole before cartridges are inserted.

(b) Boreholes shall be charged by or under the direct supervision of an authorised

shot firer.

(c) Only wooden tamping rods or wooden tamping rods provided with a smooth
copper head shall be used in charging holes. The tamping roads shall not be
pointed but shall be cylindrical throughout.

(d) One cartridge at a time shall be inserted and gently pressed home with the tamping
rod.

(e) No smoking or steam locomotive shall be allowed near the place where shotfiring
is being carried out during the time allotted to loading and shotfiring.
Chap. IX ] 324 [ Appendix 9.10

VI.- Warning to be given before firing a blast

Immediately before firing a blast due warning shall be given by whistle, bugle or
gong and the authorised shotfirer shall see that all persons including persons occupied at
work on other groups of holes in the vicinity have retired to safety.

VII. – Firing a blast

In the case where shots are fired by safety fuse

The safety fuses of the charged holes shall be lighted in presence of the authorised
shotfirer.

In the case where shots are fired electrically

(a) The exploder shall not be connected to the shotfiring table until the warning above
has been given and all person have retired to safety.
(b) The authorised shotfirer shall himself only connect the exploder to the shotfiring
table and fire the blast.
(c) He shall if he requires to leave the exploder, whether during or after a blast,
disconnect the exploder from the shotfiring table and remove it to a place of safety.

VIII. – Inspection after the blast

(a) After the blast the authorised shotfirer shall carefully inspect the work and satisfy
himself that all charged holes have exploded.
(b) In case of a misfire, no one shall approach for at last half an hour or ten minutes
when firing electrically, when the authorised shotfirer shall first examine the same
and at once mark a red cross over the hole.
IX – Procedure in case of misfire

(a) No person shall bore out a hole that has once been charged or attempt to withdraw
a charge either before firing or after a misfire or deepen or tamper with holes or
socket left after blasting.
Chap. IX ] 325 [ Appendix 9.10

(b) When a misfire occurs a portion of the tamping may be sludged out with
compressed air and water or water only under pressure, but no kind of tools shall
be used for this purpose and the hole thereafter be reprimed and fired.
or alternatively and preferably –

(c) A new hole be drilled not less than 30 cm from the misfired hole and care shall be
taken that the new hole is drilled in such a direction that there is no danger of
touching the unexploded charge. This new hole shall be bored in the presence of
the authorised shotfirer and fired.
(d) The authorised shotfirer shall be present during operations undertaken for the
removal of debris liable to contain unexploded explosive near the misfired hole. A
careful search amongst the debris shall be made for cartridges and detonators.
X- Report on misfired holes

(a) The authorised shotfirer shall at once report to the office or manager all cases of
misfire, the cause of same and what steps were taken in connection therewith.
(b) If a misfire has been found to be due to defective fuse, detonators or explosive,
special notice shall be sent to the office so that the whole quantity or box from
which the defective article was taken can be inspected.
XI – Notification of misfire to oncoming shotfirer

In the case of quarries, before leaving his work the authorised shotfirer shall
inform the authorised shotfirer of the next shift relieving him of any case of misfire and
shall point out the position of the red cross denoting same, also stating what action, if any,
he has taken in the matter.
Chap. IX ] 326 [ Appendix 9.11

APPENDIX 9.11

(See Paragraph 9.038)

Statement showing the minimum periods for which the account records prepared in
P.W.A.F. should be preserved
S. Reference to Description Minimum period of Remarks
No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
1. XVII-E 1 Cash book 20 ..
2. 2. Copies of Sub-Divisional cash books received 20
from the S.D.O.
3. 3. Imprest cash book 10 3
4. 4. Receipt for payment to Government (counterfoils) .. 3
5. 5. Treasury remittance book 3 .. Or until the next inspection by the A.G. whichever is later.
6. 6. Cash balance report 3 3
7. 7. P.W.cheques (counterfoils) .. 5
8. 8. Indent and invoice for stores 10 5
9. 9_ Register of stock Receipts 5 5
10 Issues
10. 11 Abstract of stock receipts 5 ..
12
11. 13 Abstract of stock issues 5 ..
14
12. 15 Half-yearly balance return of stock 5 ..
16

13. 17 Half-yearly register of stock 5 ..

18
14. 19 Accounts of receipt of tools and plant and 5 5
Chap. IX ] 327 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
20 bungalow issues
furniture.
15. 21 Register of Tools and Plants 5 ..
16. 22 Statements of receipts, issues and balance of road 5 5 The period is to count from the last day of the year of the
metal closing of the estimate for the construction or repair of the
road concerned.
17. 23 Road metal rate book 10 ..
18. 24 Survey reports of stores .. 5
25
19. 26 Sale accounts .. 5
27
20. .. (Form No.S-62) Acquittance roll for salaries .. 40
21. .. (Form No.S-62) Acquittance of roll for travelling .. 5
allowance
22. 30,31,32 and 33 Muster 5 ..
Rolls
23. 35 Measurement books 10 .. Ten years after the date of completion of works, the
measurements of any part of which are recorded therein.
10 .. All measurement books will be destoryed 15 years after
the date on which they are recorded irrespective of the date
on which the works, the measurements of which are
enterned in them are completed.
10 .. Measurement book which contains only measurements of
repairs will invariably be destroyed then years after the
date on which they are recorded.
24. XVV-E 36 First and final bill for contractors and suppliers 10 5 Or when relating to large projects five years after closing
37 of the estimate whichever is later.
Chap. IX ] 328 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
25. 41,42,44,47 and Final bills 10 5 -do-
48
26. 38,39 and 40 Running .. 5
account
bill A
27. 43 Running account bill B .. 5
28. 45 Running account bill C .. 5
46
29. 49 Hand receipt 10 5 Or when relating to large projects five years after closing
of the estimate whichever is later.

30. 50 Pay bill of work charged establishment & of 35 .. In the case of vouchers for amounts exceeding Rs.25 sent
51 establishment paid from establishment to the Audit office with the monthly accounts, certified
contingencies copies should be kept in the Division Office.
31. XVII-E 52 Account of Petty contractors 5 ..
32. 53 Indenture for secured advances 10 .. Or when relating to large projects five years after closing
of the estimate whichever is later.
33. 54 Petty works requisitioins and account 10 ..
34. 55 to 57 Works abstracts A and B 10 .. Or when relating to large projects, five years after closing
of the estimate whichever is later.
35. 58,59 Detailed statement of expenditure of materials 10 .. do
compared with estimate requirements.
36. 60 Outturn statement of manufacture 10 .. do
37. 61 Report on the value and verification of unsused 10 .. do
materials
38. 62 Register showing clearance of suspense head 10 .. do
“Materials” in the account of works
Chap. IX ] 329 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
39. 63 Works slip (copy) .. 3 After closing of accounts of the work concerned.
40. 64 Register of works A and …. 10 .. After closing of account of expenditure relating to work
---- which is recorded therein.
65
41. 66 Register of manufacturers 10 .. do
42. 67 Contractor’s ledger 10 ..
---
68
43. 69 Completion reports .. 10
----
70
44. 71 Register of revenue, refund of revenue and 5 ..
receipts on capital and revenue accounts .
45. 72 Register of revenue (Buildings and Roads) 5 ..
73

46. 74 Register of revenue (Irrigation 5 ..

75
47. 77 Statement of rents recoverable from pay bills 5 ..
48. 78 Register of rents of lands and buildings 5 .. Provided none of the balance are outstanding on date of
destruction.

49. XVII-E 80 Schedule of monthly settlement with treasuries .. .. This form is submitted in original to the Audit office. The
details recorded in it should be entered in the cash book of
the Division Office, the entries being made over the
signature of the Divisional Officer just after the closing
entries of the month.
Chap. IX ] 330 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
50. 81 Register of Cheque books 5 .. After date of record of lasat entry in the register.
----------------
Receipts
51. 82 Trasnfer entry order .. 5
52. 83 Trasnfer entry book 5 ..
53. 84 Advice of trasnfer Debit 2 2
---------
Credit
54. 85 Acceptance of transfer Debit 2 2
------
Credit
55. 86 Register of transfer awaited 3 .. After clearance of the last liability noted in the register.
56. 87 Register of sanctions to fixed charges 3 ..
57. 88 Register of miscellaneous sanctions 3 .. From date of completion
58. 89 Register of D.A.’s audit objections 5 .. do
59. 90 Schedule docket .. 1 Divisional record is in work abstracts. If office copy is
made it should be preserved for one year.
60. 91 Schedule docket for percentage recoveries .. 5 Divisional record in the trasnfer entry book. If an office
copy is prepared it should be preserved for five years.
61. 92-95 Schedule of works expenditure (office copy) .. 5
62. 96 Schedule of deposit works .. 5
63. 97 Schedule of tacovi works .. 5
64. 98 Suspense 5 .. Provided none of the balances are outstanding on date of
---------- register destruction.
Deposit
65. 99 Schedule of purchases .. ..
100
Chap. IX ] 331 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
66. 101 Schedule of Miscellaneous Public Works advance .. 5
67 102 Schedule of London stores .. 5
68. 103 Schedule of debits to stock .. 5
69. 104 Stock account .. 5
70. 105 to 108 98 .. 5
71. 109 Schedule of rents of land and buildings . .. No office copy to be kept
72. 110 Schedule of debits to miscellaneous heads of .. 5
111 accounts
--------
credits
73. 112 Schedule of debits to remittance .. 5
113 --------
credits
74. 114 Schedule of deposits .. ..
115
75. 116 Monthly accounts .. 5
76. 117 Cash abstract book .. ..
118
77. 119 Extract from contractor’s ledger .. ..
78. 120 List of accounts submitted to audit .. 5
79. 121 Divisional Officer’s report of scrutiny of accounts .. 5
80. 122 Register of interest bearing securities .. 5
81. 123 Accounts of interest bearing securities 10 .. Counting from the date of completion in all respects.
82. 124 Indent for service postage stamps .. 2
83. 125 Register of endowment receipts .. ..
84. 126 Ledger account of cementery endowments .. ..
85. 127 Annual account of cemetery endowments 5 .. After completion of the work
Chap. IX ] 332 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
86. 128 Annual certificate of balances .. 3
87. XVII-E 129 Travelling allowance bill for subordinates .. 3
88. 130 Register of miscellaneous revenue 5 ..
89. 133 Credit note-books 3 ..
90. 134 Contingent bill .. ..
135
91. 136 Application for re-appropriation of budget grants .. 2
137
92. 138 Return of major and minor works .. 3
139
93. 140 Travelling allowance journals of sub-Engineers 3 3
not submitted to audit
94. 142 Combined muster and petty bill 10 10
95. 143 List of accounts to be submitted by S.D.O.’s 5 ..
96. 144 Detailed list of work abstract -
A- for major wokrs 5 ..
B- for minor works
Petty works, requisitions, etc.
97. 145 Register of miscellaneous recoveries 5 ..
98. 147 Register of destruction of records P .. Permanent Record

99. XVII-A 33,36, Contract 3 3

224, 225 and 349 agreement
(forms
A,B,C,D
and E)
Chap. IX ] 333 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
100. 62 Extract from divisional statement of objectionable .. 3
items
101. 91 Audit note on initial account 3 3
102. 92 Audit note of imprest account 3 3
103. 101 Balance return of furniture 5 5
104 114 Capital and revenue accounts of Government 3 3
buildings let or available for rent
105. 193 Register of estimates and requisitions sanctioined 5 ..
106. XVII-A 199 Register of bills of suppliers 3 ..
107. 234 Ferry lease 3 3 After the contract is closed
108. 272 Completion certificate of original works 2 2
109. 273 Completion certificate for reparis 2 2
110. 282 Register of arrears of labour paid 2 2
111. .. Register of arrears to work establishment 3 ..
112. XVII-D 122 Schedule A,B,C, D and E to accompany the 3 .. Provided no amounts for payment remaints outstanding
to completion report of irrigation projects
126
113. Tender for lump sum contract 5 5
114. Register of appropriation 3 3
115. Treasury pass-book 2 ..
116. Divisional stock sub-ledger 2 ..

117. XVII-A 312 Supplements to the balance return of tools and 3 ..

313 plant
118. Workshop warrants adjusted 2 2
119. Adjustment vouchers 3 3
Chap. IX ] 334 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
120. Office copies of A.G.’s audit notes on monthly 3 3
divisional accounts
121. Railway money receipt for cash payment of 5 5
railway freight
122. Receipt for service labels supplied by the treasury 5 5
and not submitted for audit
123. Bills of firms, suppliers and local bodies such as 5 5
Municipality or District Council
124. Money order commission receipts for postal 5 5
remittance
125. Statement of arrears of labourers paid 5 5
126. Cancelled 3 3
127. XVII-A 303 Register of advances granted to labour .. ..
128. XVII-A 307 Register of labour aggrements in Sub-Divisions 5 .. Provided no advance is outstanding on the date of the
destruction of this record
129. 310 Register of proforma accounts in Sub-Divisions 10 ..
Establishment
130. X-105 Statement of casual leaves 1 1
131. I-1 Pay bill of gazetted officers (office copy) .. 6
132. 3&5 Pay bill of establishment (office copy) .. 40
133. I-8 Last pay certificate .. 3
134. 9 Increment certificate .. 3
135. 10 Acknowledgement of permanent advance .. 1
136. 11 Absentee statement .. 40
137. 15 Office copy of travelling allowance bill for .. ..
gazetted officers
Chap. IX ] 335 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
138. 16 Office copy of travelling allowance bill for non- .. 3
132 gazetted and ministerial officers.
139. 62 Application for pension or gratuity (Form No.25) .. 5
140. 63 Application for pension or gratuity (Form No.26) .. 5
141. 64 Application for extraordinary pension or gratuity .. 5
142. 69 Memorandum of service and leave for verification .. 5
for pension.
143. XVII-A 70 Detailed statement of establishment on 1st April .. 40
71 (Form No.3/4)
144. 72 Register of contingent expenditure 5 ..
145. 134 Order sanctioning the grant of pension or gratuity .. 5
146. 143 Schedule of repayment of advances .. .. May be destroyed along with pay bills.
147. 146 Schedule of General Provident Fund deductions .. 3
(General Provident Fund Form No.8)
148. Abstract of ledger accounts submitted by district 2 .. From the date of completion of works to which they relate.
council
149. 108 Application for sanction to conveyance (horse or .. 1
bicycle allowance)
150. 271 Transfer report on relief of a S.D.O. .. 3
151. .. Statement of Income-tax 3 3
152. .. Service books 5 ..
153. .. Leave accounts of non-gazetted officers 5 .. S.R. 34 ( C) under F.R. 74 – Service books of officials
who have ceased to be Government servants should be
disposed of as follows :-
(1) In case of death, the book may be destroyed if not
claimed by the heir of the deceased servant after three
years following the decease of the original holder, if
Chap. IX ] 336 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
claimed an entry should be made in it to that effect and the
book given to the claimant.
(2) The service book may be made over to an officer if he
resigns or is discharged without fault, an entry being made
in it to this effect. If it is not claimed, it should be retained
for three years, so that it may be available in case of re-
employment under Government of the original holder.
(3) In the case of dismissal the book should be retained at
the discretion of the head of the office for such a period as
it is likely to be required.
(4) In the case of pension the service book should be filed
with the pension case, An officer may be granted a
certified copy of his service book on payment of copying
fees.
Establishment (cont.)
154. Cases containing intermediate correspondence in 5 ..
which pensions are sanctioned by Heads of
Departments or State Government
155. Statement of monthly progressive expenditure and .. ..
correspondence in figure
156. Monthly return of pension 5 5
157. Register of disbursement of pay and travelling .. 6
allowance of non-gazetted establishments

158. XVII-A-316 Register of expenditure incurred on account of pay .. 3

P.W.D. and travelling allowance of establishment (Form
16-B)
Chap. IX ] 337 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
159. XVII-E-153 Register of disbursement of pay, travelling 20 ..
and 154 allowance and other personal claims of the non-
gazetted establishment
Revenue
160. XVII-D-48 Kistbandi Khataoni 4 4
161. 63 Tauzi of collection of revenue 1 1
162. 68 Register of miscellaneous 3 .. After the expiry of the leases
163. 74 Schedule of payments of commission to Panchas 7 ..
of irrigation revenue
164. 81 Lease of fishing rights in Government tanks 3 .. After the expiry of the leases
165. 82 Agreement form to be signed by applicant to 3 .. After the expiry of the agreement
84 cultivate land
166. XVII-D 100 Khasra shudkar 4 ..
167. 102 Order on petition of complaints 1 ..
168. 105 Amin’s and sectional officers weekly diary 1 ..
169. 107 Irrigation Inspectors daily report 1 ..
170. 108 Complaints register 4 ..
171. 109 Details of land coming under agreement 3 .. After the expiry of the agreement
Revenue (Cont.)
172. 110 A-1 3 ..
111 Agreement for supply of water (Form No.----)
B
173. 112 to Weekly irrigation reports 2 2
118
174. 127 Register showing the names of Sirpanchas and 3 ..
panchas
175. 128 Abstract kistabandi Khataoni 3 .
Chap. IX ] 338 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
176. 130 Irrigation ledger 2 ..
177. 131 Application for the remission of irrigation revenue 3 ..
178. 132 Application forms A,B and C for construction of 3 .. After recovery is effected.
water- courses
179. 133 Form No. W-Parcha 3 .. do
180. 134 Form No. W-2 Jamabandi 3 .. do
181. 135 Form of calculation of hectareage rate for the 3 .. do
recovery of cost of system of water-courses.
Miscellaneous
182. 136 Form No. W-4- Distribution of cost of water 3 .. After complete recovery.
course system
183. 137 Form No. W-5- Defaulters’ list 3 .. do
184. 138 Form No. W-6- Record of recoveries 3 .. do
185. 139 Form No. W-7-S E.E’s abstract of expenditure on 3 .. After complete recovery.
water-course

186. 145 Statement showing agreements entered in to by 3 ..

villagers under Government works for irrigation

187. 146 Mouzawar statements 10 ..

188. 147 Statement of remissions sanctioned 3 ..
Miscellaneous
189. 148 Darkhast Abpasahi 3 ..

190. 150 Statement of refunds of water-rates to cultivators 3 ..

for the Kharif------- crops
Rabi
Chap. IX ] 339 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
191. XVII-D 151 Statement of commission for collection payable to 7 ..
Sirpanchas.
192. Village maps 4 ..
193. 79 Abstract return of expenditure on stores 2 2
194. 87 Report of Committee on condemned tents 2 2
195. 88 Application for purchase of new tents 2 2
196. 16 Indent for London stores 3 3
197. 49 Register of civil buildings borne on the books of . . Two consecutive editions of the printed register must be
--- the P.W.D. retained always.
50
198. 80 Indents on the Mathematical Instrument Office 3 3
199. 116 List of surplus materials and tools and plant 3 3
available for transfer
200. 123 Register of land P . Permanent Record
201. 164 Check register of estimate received in the S.E.’s 3 ..
office
202. 165 Register of contract agreement 10 ..
203. 192 Form of requisition on the Mathematical 2 ..
Instruments Office for repairs.
204. 196 Register of sanctions to articles of European 3 ..
manufacture purchase locally.
205. 219 Monthly statement of grant and expenditure 3 ..
206. 233 Proposition statement of assessment of revision of .. .. May be retained till a new statement is prepared
rent
207. 245 Notification for tenders 3 ..
208. 258 Report of inspection of Sub-Divisional Offices 3 3 Three years or until after the next inspection whichever is
later
Chap. IX ] 340 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
209. 296 Report of inspection of sub-divisional account by 3 3 do
---- the D.A.
297
210. XVII-D 17 Register of completion reports 3 ..
211. 93 Statements showing the distribution of budget 3 ..
grants
212. 104 Amins gauge report 1 1
213. 140 to Progress reports on works etc. 2 2
142
214. 141 Monthly statement of grant and expenditure 3 ..
(Irrigation Branch)
215. XVII-D 144 Form of an inspection of the office of E.E. by the 3 .. Three years or unti after the next inspection whichever is
S.E. C.E. later.
216. 152 Report of an inspection of the Sub-Division 3 .. Three years or unti after the next inspection whiehevers
later.
217. Daily reports of labour 3 ..
218. Allocation sheet of labour 3 ..
219. Advice slips 2 ..
220. Unsanctioned tenders for bazar materials 1 ..
221. Registger containing abstract of expenditure 3 ..
statement A-Annual repairs to civil buildings and
roads
222. Register of statement showng expenditure on 1 ..
works and probable sacing or excess on them
223. Monthly list of incomplete works 1 ..
224. Stamp (Service labels) account book (or form of 3 ..
outstation dak book-form XV-79)
Chap. IX ] 341 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
225. Detailed budget estimate of an office 5 ..
226. Register of ferries 10 ..
227. Register of stationery and forms 3 ..
228. Requisition for stationery and forms 1 ..
229. Register of measuremetn books .. .. As soon as all measurement books are destroyed.
230. Register of permanent encroachment P .. Permannet Record
231. Register of muster roll 3 .. Or until the next inspection by the A.G. whichever is later
232. XVII-D 153 Register if important Tools and Plant P Permanent Record
233. XVII-A 14 Field books 10 .. These books will be destroyed after ten years from the date
on which they are recorded.
234. 17 Level books 10 .. The books which contain records made in connection with
repairs will be destroyed after three years from the date on
which they are recoarded.
235. XVII-A 18 Fee books of rest-houses 3 .. From the date of the last entry in the book.
236. Maintenance register of repair works maintained 3 ..
in Sub-Divisioinal Offices
237. XVII-A 270 “Nil” form register (counterfoil) 3 ..
238. Form No. 136 Register of buildings 2 .. On receipt of printed copies
239. Register of level books in Sub-Division 10 ..
240. Register of note-book 3 ..
Chap. IX ] 342 [ Appendix 9.11

S. Reference to Description Minimum period of Remarks

No. Schedule No. of preservation
forms expressed in
complete account
years
Original Copy of
of foil copy
foil
(1) (2) (3) (4) (5) (6)
241. XVII-A 334 Toll tickets 3 .. Or till the next inspection of accounts of the Sub-Division
337 by an Accounts Officers, whichever is later

242. XVII-A 340 Register showing tickets sold at the toll house at a 3 .. Or till the next inspection of accounts of the Sub-Division
bridge by an Accounts Officer whichever is later.
Chap. IX ] 343 [ Appendix 9.12

APPENDIX 9.12
(See paragraph 9.043)
Permanent Pass for Crossing The Bridge
Not transferable

Permanent Pass No……………………….

Permit
the*…………………………………………………………………………………………
of (Name of Pass holder) ……………………………………………..…………………
when travelling on duty, to cross the …………………………………………. bridge in
kilometer ………………………….…….. of …………………… road, free of toll.

Executive Engineer,
Date the ………………20
……………………….. Division

* Here enter conveyances and equipage, cart, motor, cycle, etc., as the case may be.
Notes :- (1) This pass must be shown to the officer on duty before passing the barrier.
(2) If this pass is lost or destroyed the holder shall at once report the fact to the
E.E. ………….. Division and obtain a duplicate copy thereof which shall be
supplied on payment of rupee one.
(3) This pass should be return to the E.E. …………. Division when the holder is
transferred to another station or if for any other reason it is not required by
him.
(4) The holder of this pass should sign it at a place provided below and should
give his signature every time he crosses the bridges if called upon to do so.

Signature of the holder of the pass ……………………………………………

Chap. IX ] 344 [ Appendix 9.13

APPENDIX 9.13
[See paragraph 9.043 (7)]

CHALAN
(To be prepared in duplicate)

Chalan of money paid to the S.D.O. / S.O. ……………………………………………

By whom brought On what account Amount

Rs. P.

TOTAL
Rs. (in words)
………………………………………………………………………………………………

Tenderer Received
Dated …………………….20 Signature of S.D.O. / S.O.
Dated ……………20

Certified that the amount shown above has been entered in the register.

Dated Signature of S.D.O.,

………………………………..Sub Division