GOV cRNj'vlENT OF GUJ AMI Genera l Administrat i on Department Sachivalaya, Gandhinagar Dated the 25th August , 1989 ' ' No , GS.~89-39-CST-ll8l--5 13 l.-.G Wh er eas draft Gujarat Civil Services Tribu0al Payment of Fees (Inspection of Records and Certified Copies thereof) Rules, 1988 , were published as required by s ub-sect i on (~) of Sect i on 20 of th e Gujarat Civil Services Tribunal Act, 1972 (Guj arat Act No.2 of 1973) at pages ' 1 to 7 of the Gujarat Government Gazette Part IV-B, dated the 5th January, 1989 under the Government Notification, General Administration Department No. G-IS-88-61-CST -1.1:81- 5131-G dated the 24th November, 1988 , inviting objections and suggestions frbm all persons like ly to be affected thereby ; N~D WHEREAS, no objections and s ugge stions were r ece ived fr om the public on the sa id draft; NOW THEREFORE, in exercise of the powers conferred by Section 20, read with Section 18-A of the Gujarat Civil Services Tribunal Act, 1972 (Guj ar at Act No;2 of 1973), the Government of Guj ar at, hereby makes the following rules, namely .-
1. Short tftle and commencement :
(1) These rule s may _ be :called th e Gujarat Civil Services Tribunal Payment of Fees (Inspection of Records and Cert ified copi es there of) Rul es ~ 1988.
(2) They shal l come into force at once. ~. Definitions : In these rules, unless the context otherwise requires
(a) 11 Secretary;1 means the Secr et ary to toe Guj arat C\ .vil Services Tribunal and includes - . '
(i) an Under Secretary t o the Tribunal; contd •••• -.r"-- .. --· I - 2
(ii) a person who is for the time being dischanjjing the functions of the Secretary; and
(iii) a person who is for the time being discharging the functions of the Under Secretary.
3. Records to be ke pt open for inspection The Records of the Trib~nal shall be open to the inspection of the public at the hours corresponding with the Court hours of the Tribunal prescribed under Regu~ation 5 of the Gujarat Civil Services Tribunal Regulations, ·1977.
4. Application and procedure for . obtaining certified copies (!) A party to any proceedings before the Tribunal may make an application to the Secretary of th~ Tribunal to obtai~ a certified ·copy of any judgement, order, deposition, memorandum of evidence, or any other document filed in the said proceeding. The application shall state whether the copy applied for is required for private use or .otherwise.
(2) Applications for copies by persons other than the parties to the proceeding shall be supported by adequate reasons.
(3) 01 receir;t of the a;Jplication as provided in sub-rule ( 1) or (2), the office shall. immediately scrutinise the application with a view to ascertaining the correct number of the proceedings, names of the parties, description of the document, copy of which is applied for and whether the document is available for copying. ~-/"-._5. Estimation of the cost of the copies The office shill estim~te the co~ts of the copies b~fore copying work is undertake~. The estimate should as far as possible, cover all probable c6sts of the copies.
6. Deposit of the estimated costs : The applicant shall be called upon to deposit the estimated costs of the copies applied for, · and also comply with othe+ deficiencies, if any, in the application requesting for the copies of documents. Copying charges so estimated shall ba paid in cash in adv~nce subject to the final adjustment when copies are supplied. If the copies are to be sent by post, postal charges shall be paid thereon, in addition to copying charges._ . 3
7. Fees for incorrect or deficient description of application When the description of the document given in the application is in-correct or deficient, _and it is in conse quence, necessary for the office to search the recor~s in order to find it~ a fe e ·at the rate of one rupee for each .·, year of which the records are searched, shall be payable by the applicant fqr such search, irre spective of whether t)1e document be found or not, and whether the copy for which he applies, on examination of the said document be granted or not.
8. Deal~ng with the application : As soon as the office finds that the application is complete in all respects, it shall be dealt _with by the Secretary, who may e ither grant or refuse it for reasons to be recorded thereon, or pass such other orde~s as he may deem just. In case . of refusal, such refusal and the grounds of the refusal shall be communicated to the applicant in ~ . ' . writing.
9. Furnishing copies of the application
(l) Copies shall be furnished within fifteen days of the presentation or rec eipt of the application, if the application is ,complete on that date, unless further dela~ is unavoidable in which case? the? cause shall be endorsed tm the copy. In other cases, the period of fifteen days shall be computed from the dat~ on which the application is completed in all respects.
(2) A certified copy of a part of any document on record whether exhibited or not' ' may in th e eli scretion of the Secretary be given. No copy, however , shall be given of a part of judgement or of an ordGr recorded on the application without a copy of the applicaticin itsGlf.
10. Endorsement on the copy The following Gndorsement shall be made on every copy ( i) The date on which the copy was applied for;
(ii) The date on which ; the application was completed;
(iii) The date on which the copy was ready for deli very; contd ••• 4
(iv) The date on which lt was delivered or posted. To prevent unauthorised alterations being made, the date shall be written in words in distinct handwriting and the endorsement should be signed by some authorised officer of the Tribunal 'on the date on which it was .made.
11. Fees for copying and comparing of documents to be supplied
(1) The copies ·shall be charged at the following rates :
(a) For copying documents in English, 5 paise for e~ci~y 25 words or fraction thereof;
(b) For copying documents in regional language~ 5 paise for every 33 words or fraction thereof; I
(c) For copying documents in ta~ular form in respective language -twice the rates mentioned in (a) or (b) as the case may be. (~} For copying a map or plan, such fee not exceeding rupees 15/- and not less than Rupee 1 as the Secretary may determine.
(e) For comparing oopies of the documents, a fee at the rate of 5 paise per 100 words or fraction thereof.
(2) Supply of cyclostyled documents with or without spare copies shall be charged at the following rates :-
(a) If the documents is cyclostyled but no spare copy is available and . fresh typing is n~cessary, fees for copying and comparing as in (a), (b), (c), (d) or (e) of sub-rule
(1) of this rule as the case may be, shall be charged;
(b) If any copy of the cyclostyled document is to be supplied from the spare copies available in the stock, then half of the charges at (a), (b), (c), (d) or (e) of sub-rule
(1) of this rule, as the case may be shall be charged.
(c) If more than one copy of the same document is asked for, for the first typed copy, charges for copying and comparing as shown in (a), (b), (c), (d) or (e) of sub~rule (1) of this rule, as the case may be and for every extra carbon copy; half of the charges payable in (a), (b),
(c), (d) or (e) of sub-rule (1) of this rule, as the case may be , shall be charged. 5
(d) for fr0sh typing or writing of the same document of which extra copy has been C!Sked for, full charges for typing and comparing as prescribed in (a), (b),
(c), (d) or (e) of sub-rule (l) of this rule, as the case may be , shall be charged .
(3) The applicant shall be ch arged 5 paise or more upto 10 paise for each shee t ·at the discretion of th~ Secretary having regard to the c ost of paper s .
12. Charges to differ ent · persons ~1ere different persons apply for a single copy of the same document or documents ~ each should be supplied it at the full rates mentioned in Rule 11 as for an original and not a carbon copy .
13 . R~covery of deficit am ount of estimated deposit In case the estimated deposit falls short of the charges which would have to be recover ed in respect of copies , the ba l ance sha ll be recovered from the parties or lawyer concerned before the copies are de l ivered personally to them . In case the applicant applies for s~ch copies by post or where copies are required to -be sent through the agency of the post, such balance may be recovered by sending copies by value payable by post (V .P.P . ) or the Secretary may , i n his discretion, inform the applicant to pay the deficit . amount before sendi ng the copies .
14 . Maintenance of Register .. (a) A reQjister of applicati ons f or copies of·· the '---. I ' documents in the custody of the Tribuna l shall b~ maintained in the following form
(l) ~er~ (2 ) Date of applicat i on.
(3) Name of applicant
(4) Number and year of the case from which copy/ copies is / are required .
(5) Drief description of copies r equired . c ontd •• • • 6
(6) Amount of estimated fees deposited and the date of deposit.
(7) Name of copyist.
(8) Date of completion of copy.
(9) Date of delivery of copy of despatch by V.P.P.
(10) Amount due for copying fee.
(11) Amount due for comp3~ing fee.
( 12) Amount due for postage in case of fees recoverable by V.P.P.
(13) Amount of deficit, if any, and date of recov~ry of deficit.
(14) Amount recovered by V.P.P. and , date of recovery.
( 15) Amount, if any, refunded.
(16) Signature of appl~cant acknowledging refund or number and date of money order.
(17) Signature of applicant acknowledging the receipt of copies/or V.P.P. receipt Number and date/or registration Receipt Number & date.
( 18) Amount credited to Government
(19) No. & date of Jreasury receipt.
(20) Remarks.
(b) The register of applications for copies to be maintained under these rules shall daily be inspected by the Secretary and he shall see that the amounts received by way of deposits are credited by challan i~ the Treasury under the appropri~te receipt head on the same day as far as practicable or on tho next day. By order and in the name of the Governor of Gujarat. S.R. RAO Deputy Secretary to Government c ontd •••• ) L No. GS-89-39-CST-1181-5131-G General Administr ation Department , 7, Sardar Bhavan , 3rd fl oor, SCJ.ch i v::~loyu, Gandhina gar. D<1ted the 25th August, 1989 Copy forwarded with compliments to :- The Spocial Secret3ry to Governor of Gujarat , Gandhinagar . The Principal Secretary to Chief Mini ster . The P .S . t o '111 Ministers / Ministers of Stat e . *The Secretary , Guj arat Legi s l ature Sacretariot , Gandhinagar. -:~The Registrar , Guj ar .:~t High Court, Ahmedabad . '<The Secret.:~ry, Gujarat Public Service Co~missi on, Ahme dabad , '~The _Secretu.ry, Guj .:~ r u. t Vigilance Commi ss i on, Gandhinagar. L/3~ Secretary, Gujarat Civil Services Tribunal, Gandhinagar. 't-The Secretary , Guj arat Panchayat Service Se l ection Board, Ahmedab.1d . *The Secretary, Staff Se l ecti on Commission , Gandhinagar. The Direct or of Information, Sachivalaya , Gandhinag ar , All All All The The The The The The D ep::~rtments of Sachival ay a , Branches of General Administrat i on Deptt. Heads of Dep artments under Genera l Administrati on Deptt. Accountant General, Guj ar at , ,\hmedab:1d/R::~ j kot. Pay & Accounts Offic er, /:Jlmedabad/ Gandhin ag ar, Resident Audit Officer, Ahmedabild/ Gandhinagar. Under Secretary (P.1), G.A.D. Dy, Se cretary (Co- ord .), G.A.D. Se l ect File . ~ Section Officer ~ Gene r al Administration Department -a-sy l ett er rangre j. 22889