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State of Uttar Pradesh - Section

Section 254 in The General Rules (Civil), 1957

254. Duty of Head Copyist when application is received.

- [(a) On the presentation of an application or on the receipt of any application by post, the Head Copyist shall then and there cause to enter thereon-
(i)the particulars required by Chapter V, Rule 142, if not already recorded;
(ii)the date of the application and the serial number of the day.
On the stamped sheets, accompanying the application shall be entered only the date of the application and the serial number of the day. He shall initial these entries.The Head Copyist shall then promptly make proper entries in the first six columns of the register of application for copies (Form No. 31). He shall send the application to the official-in-charge of the records required, each of whom will enter in column 6-A of Form No. 31 his signatures and the date and hour on which he received the application relating to him. The official-in-charge of the record shall without delay send such application, order and stamped paper and a paper of which a copy is required to the Head Copyist and shall take from the Head Copyist, in a book to be kept for the purpose, a receipt of the date and hour when such paper was delivered to him; and the Head Copyist shall enter in column No. 7 of the register (Form No. 31), the date and hour on which he received the aforesaid paper. Where the officer-in-charge of the record-room considers that it is inconvenient or unsafe to break the Nathi of the record, the copy shall be made and compared by the copyist in the record-room under the direct supervision of the Record-keeper and the Record-keeper shall fill in columns 5, 6, 7 and 8 of the register in Form No. 33-A.When a copy of any paper is required from the record of a pending case the Head Copyist after having received the paper of which a copy is required shall see that the document so made over to him is free from erasures, interlineations or additions and shall make a note to this effect in the receipt book and the clerk-in-charge of the record shall make a similar note in the copyist register at the time of taking back the document.] [Substituted by Notification No. 899/IV-h-36, dated 4-9-1979, (w.e.f. 20-10-1979).]
(b)
(i)At the time of presentation the [Head Copyist] [Substituted for the word 'Munsarim' by Notification No. 899/IV-h-36, dated 4-9-1979, (w.e.f. 20-10-1979).] shall tell the applicant to return the same day at 4 p.m. and on his return shall inform him whether his application has been granted and in the case of its being disallowed, why it has been disallowed.
(ii)As soon as the copy is made the Head Copyist shall forthwith return the paper of which a copy has been made together with the application and order, to the official from whom he received it and such official shall forthwith place such application and order in file D of the record.
(iii)The Head Copyist shall, at the end of each working day, deposit in a locked box to be kept for that purpose in the record-room at headquarters and in the Hazir's room elsewhere, all documents under copying.
(iv)For the purpose of these rules the District Judge for his own Court and the presiding judge of the other courts in which copying work is done, subject to the sanction of the District Judge, shall select from the establishment of the court a proper person to perform the duties of Head Copyist.
(v)If an application is rejected, the Head Copyist shall at once return to the applicant the stamped paper which accompanied the application and take his receipt for the same in column 13 of register (Form No. 31). In case the applicant is a pleader, the unused stamped paper may be returned to his registered clerk.
(vi)If the applicant be not present the Head Copyist shall inform him by post of the fact and direct him to appear without delay and take back the stamped sheets forwarded by him with his application, provided that he has previously sent a duly stamped addressed envelope. When the applicant requests that the unused folios may be returned to his pleader, they may be returned to the pleader or his registered clerk. If the pleader practices at the headquarters station, the unused folios shall be returned to him or his registered clerk and his signature taken. If the pleader practices at an outlying court, the unused folios may be returned to the Head Copyist of the outlying Munsifi at applicant's expense. The correspondence between the Head Copyist at the headquarters and station at the outlying court shall be filed with the record of the suit to which the original application for copy belongs.
(vii)The Head Copyist before returning any stamped sheets shall endorse each sheet with the words "returned unused to.... (being the applicant )" and initial them.
(viii)Stamped sheets so returned may be used by the applicant in a subsequent application for copies.
(ix)If no applicant appears within thirty days of the date on which the letter was sent to him under paragraph (vi), or in the case of an applicant who has not sent a duly stamped addressed envelope, within thirty days of the date on which the application was rejected, the Head Copyist shall render useless the stamped sheets by folding them down the middle vertically, tearing off the right half of each sheet, destroying it and causing the left half on which is entered the date and number (sub-rule (a) of this rule) to be filed in the record along with the application. An entry of the fact of destruction shall be made in the register of the copies (Form No. 31) against the application.
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