CHAPTER X

PROCESS SERVING ESTABLISHMENT

The roles in this Chapter have been made by the Board of Revenue, UttarPradesh, as the Chief Revenue Controlling Authority in Uttar

B. O. No. 2099/12 26 Pradesh in exercise of the Powers conferred upon it by clause (c) ofE /77 Dated February sub _section (1) of section 21 of the Court Fees Act, 1870 (Act VU

S, 1987 .of 1870),and apply to all Revenue Courts m Uttar Pradesh.

268. The work connected with the service and execution of processes issuedby the Board of Revenue and by the Revenue Courts established within the local limitsof its jurisdiction is done by nazirs and naib-nazirs in district offices and Tahsils.

269. Government have fixed the permanent establishment of process serversfor each district. The process servers allotted to each district shall be distributed amongthe various Tahsils in the district by the District Officer. Any alteration in the totalstrength of the establishment in the district will need the sanction of Government. Adecrease in the establishment will not entitle any person to compensation.

270. ,To provide for a temporary increase in the number of process serverswben there is pressure of work District Officers are empowered to entertain addition-al temporary process ser: vers so long as the district allotment is not exceeded. theiremployment being communicated to the Accountant General, U.P. In calculating thenumber of extra process servers required. the District Officer should bear in mind thateach process server should ordinarily be able to serve processes as under:-

(a) In plains Areas of the State- 2000 per year

(b) In Hill Area of the State- 1000 per year

271.(1) Processes shall be served through the tahsil to which they relate, andno processes shall be served through the Nazarat at headquarters. All processes shall,however,be sent to the Nazarat at the headquarters which will send them to the tahsilconcerned as soon as possibl7either by post or messenger.

(2) Simultaneously with the despatch of process for service through a tahsil,the nazir shall obtain from the headquarters treasury a cash order on the sub-treasuryconcerned for an amount corresponding to the amount of the diet money due for disbursement on the process issued.

141

/42REVENUE MANUAL

(~) Save with the special permission in writing of the District Officer,or ofthe officer-in-charge of the Nazir's accounts, if authorised by the District Officer inthis behalf, and for which permission shall not be given save in exceptional cir-curnstances.no remittance of diet money shall be made to tahsils except by cash orderas provided in this rule.

272. The Naib Nazir at each tahsil shall maintain a register, by parganas,ifnecessary.in Form I (R.D. no. 252, showing all processes served through this agency.

NOTE- In the hill districts of the Kumaun and Garhwal Divisions.the proces-ses of the criminal and civil courts are served through the agency of revenue peons.These processes shall also be entered in the register prescribed above; but in order todistinguish one kind of process from another the words 'Revenue', 'Criminal' or'Civil' .as the case may be, shall be prefixed against the processes entered in columnI of the register

273. The Naib- Tahsildar,and in his absence the Tahsildar, shall supervise thework of service of processes at the tahsil. In order to enable him to know from day today the nwnber of processes accumulated and the earliest date fixed by the issuingcourt, the Naib-Nazir shall maintain a daily report register in Form Ill, and shall sub-mit it to the Naib- Tahsildar every day as in the instructions below:

(a) The register must be put up before the Naib- Tahsildar irrespective ofwhether any processes are to be issued for service that day or not. This will ensurethat processes are entered in the process register immediately on receipt and they willalso be automatically sorted out according to the parganas or circles in whichTahsilis ordinarily divided for the purpose of service. If the Naib- Tahsildar decides that thetime is not ripe for issue of any processes for service, he should write "wait" in column5 of the register and initial the entry.

(b) Along with the daily report register, the Naib-Nazir shall also submit theprocess register prescribed in para 272 and the Naib Tahsildar shall put his initialsat the bottom of the day's entries.

Cc)The Naib=Nazir _.shall keep the processes arranged in the same orderin which the process-servers would generally go round the circle concerned. This willsave time when processes are issued fOr service.

(d) )Vhen sufficient processes have accumulated or when the earliest datefixed by a court is drawing near, it is for the Naib- Tahsildar to pass orders for the issue

PROCESSSER GESTABLISHMENT 143

and distribution of processes. It is quite easy to write a detailed order very briefly inthe small column (no.5) provided in the daily report register. "e.g, "I, Ram Bali (75)August I5-II, Abdul Samad (89) August 17" would mean that 75 processes havebeen issued in Circle I to Ram Ball and 89 to Abdul Samad in circle. II, and that thedates fixed for their return are August 15 and 17 respectively. Peons/process seversshould be clearly warned that they must return before 10.30 a.m. on the date fixed fortheir return.

(e) Two columns (Nos. 3 and 4) have been provided in this register, one forshowing the number of peens/process servers present in Tahsil and the other forshowing the number of peons/process servers who are due to return to the Tahsil. Thelatter should not be included in the former. This will enable the Nai'i-Tahsildar towatch the punctual return of the peons/process servers. When the Naib-Tahsildar haspassed an order, as indicated above, he should at the same time enter in column 4 onepeorifprocess server as due for return against August 15 and another against August17. If a process server does not return by the fixed date, the entry in column 4 shouldbe repeated till he actually returns.

(f) The date fixed for return must be earlier than the dates fixed by courts andmust also leave enough margin of time for the despatch of the processes to the courtsconcerned. 10 this connection it must not be forgotten that dak is not despatched fromthe Tahsil everyday, and whenever possible, the dates for return should be so fixed asto preclude any delay in actual despatch. Care should also be taken to avoid fixingdates for return on holidays.

(g) Courts are expected to allow reasonable time for service as well as foroutward and inward transit. Any case of habitual failure to allow such reasonable timeshould be brought tothenotice of the court concerned through the officer who may,if necessary, fix the reasonable time required for service.

(h) After orders have been passed by the Naib-Tahsildar, the Naib- Nazir shallmake further entries in the process register and issue the processes the same day. Thelast column in the daily report register is meant for noting this compliance.

(i) It is not possible to observe the distiction between process- servers andrevenue peons in practice. In the daily report register, the number of peons presentshould, therefore, include both, process servers and revenue peons; for they can beshown separately e.g.2 p.stprocess-serversjplus 6 r.p.(revenue peons)

274. The Naib-Nazir shall also maintain a peon 's Process servers' Karguzariregister in Form IV, one page being allotted to each peon/process server. One pagewill generally be sufficient for the entries of one year. If two or more pages are allotted

144 REVENUE MANUAL

to each peen/process server, the register will last as many years. The following in-structions should be observed in maintaining this register:

(a) This register is only an abstract and it is unnecessary to note the serialnumbers of processes or to obtain the signatures of the peons/process-servers in thisregister. These details,ifrequired, can always be obtained from the process registers.Similarly, it is unnecessary in this register to provide a page for making daily atten-dance for which there is a separate prescribed register.

(b) On the date the processes are issued, the Naib- Nazir should enter the dateof issue, the total number of processes issued and the date fixed for return, in columnsI ,2,and 6 respectively. When the peon/process-server returns, the Naib-Nazir shouldfill in columns 3,4,5 and 6 (number served personally,by affixation and unserved andthe actual date of return). The date fixed for return and the date of actual return willbe in the same column and should be shown as numerator and denominator.

(c) Every peon/process server on return from service must be producedbefore the Naib- Tahsildar,who should satisfy himself generally that the reports of ser-vice are properly witnessed, and should particularly scrutinize those processes not per-sonally served if the peon/process server has made the necessary inquiries regardingthe duration and nature of absence to justify substituted service or non-service and hasobtained the signature of necessary witnesses. The result of this scrutiny shall be notedby the Naib- Tahsildar in his own writing in column 7.Where service is unsatisfactorythe entry should indicate briefly the nature of the defect. Warnings by Tahsildar orNaib-Tahsildar should be noted in the same column. Where formal explanations areconsidered necessary, they should be reduced to writing then and there by the Naib-Nazir who should be present at this Peshi. If the matter is referred to the S.D.O. or theDistrict Officer, a note of the final orders passed should be made in due course. Thisprocedure will ensure that no indiscriminate punishments are awarded on the basis ofsay, a high percentage of unserved process,which is sometimes accidental and forwhich the peon/process server is not always really to blame. All explanations shouldbe kept attached to the page meant for the peon/process server concerned.

(d) The register should be provided with an index with a view to increase itsutility. This index should show month by month the number of days a peon/processserver has been out on service duty and the number of proces s served. This will helpin selecting peons / process servers when .processes are distributed and preventfavouritism or unfairness, intentional or otherwise.

(e) After the Naib-Tahsildar has scrutinised the service reports it is the dutyof the Naib-N azir to despatch the process the same day after making necessary entries

in the processes register, and to note compliance in column 6 of the daily report register.

PROCESS SERVING ESTABLISHMENT 145

The time for this Pesbi should, therefore, be fixed that the Naib- Nazir gets reasonabletime to do all this work before the hour fixed for despatch of the dak from tahsil.

275. Proper instructions should always be given to the process servers as tothe manner in which the processes are to be served. The peons/process-servers mustalso be warned to obtain necessary particulars(e.g.occupation, address) of all wit-nesses.

276. One month after the close of the revenue year,District Officers shallsubmit to the Commissioner a return in Form II(R.D.no.200) along with a report whichshould disclose whether these rules are being observed, the Registers in Forms I,mand IV are properly maintained, and the position regarding receipt of processes bycourts in time is satisfactory. In the case oftahsils where work was unsatisfactory thenames of Officers responsible and the action, if any taken.should be specially men-tioned.

The return should include only processes chargeable under this Chapter andan explanation should be furnished whenever the average number per process-serveris less than the number prescribed in paragraph 270. Other processes, such as proces-ses of other departments served by ordinarily tahsil peons, should be excluded.

In the bill districts of the Kumaon and Garhwal Divisions the relevant ex-tract of the annual return prescribed above shall also be sent to the District Judge sofar as the processes of the Criminal and Civil Courts are concerned.

277. The reports submitted by the District Officers under rule 276 shall bereviewed by the Commissioner and copies of the Divisional review shall be submittedfor the information of the Board by December 31.

278. Nothing in this chapter applies to writ of demand and citation to appearunder U.P. Land Revenue Act, 1901 and U.P. Zamindari Abolition and Land ReformsAct, 1950.

K.C.PantAssistant Land ReformsCommissioner,Rajasva Parishad.

~:?OQ~"'0~3::=•....•0., .Ol<)::-""~ !"=':a::>2:

•.. Serial no.

l<) Name of village

"" Name of pargana-

"" Number of case

CI1 Name of parties to the case

C> With fee ~ 1;~Q'" gg-

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III

<XIDate of receipt by Naib-Nazir

from court

<::> Date fixed for hearing of thecase

....• ~ sme of process server0

•.... Date of issue to process-server•....• with this signature

•....• Date fixed for process-server'sl<) return

- Date of actual return of process."" server

- Date of return of papers to"" Court .-....• Number of processes served per •Cl sonally

..... Number of processes served'" otherwise

- Nurnber- of processes return...•unserved

- Signature of officialreceiving the<XI paper or number of ohalan with

which sent.

•.... Remarks<0

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PROCESS SERVING ESTABLISHMENT 147

'FORM 11

(PARAGRAPH 276)

Annual return of processes issued

1. District.

6. Temporary process-servers employed

•2. Number of warrants executed .10.

3. Number of other processes issued on payment of fee.

4. Total.

5. Permanent process-servers employed.

.------------------------- for months days

. --------------------for months days

7. Equivalent of item 6 in temporary men employed for the full year.

8. Total of items 5 and 7.

9. Average per man.Entry in item 4 - entry in item 8.

"Onewarrant is considered as equivalent to 10 ordinary processes,[R.R.Form no. 200]

FOJ1.!If rrr(PARAGRAPH 273;

N ailJ-N azir'« Daily Report Register

1 ., 3 -4 Ii 6

Dalo Orrcte .I Circlo 1I Circle HT Circle IV Circle V

'"6- ::l-"".. ..: ~ ..c.", Kote of~rn 0<>

nlll~IICU '!'olnl Bl1lAIICe Total Bnluu ce Total Bulrmco ,Tot·a) Balance Total ~~ Orders by Naib- cornpli-" ud Eurli('sl and ]~l\dip.st nnd Earlie6t und r'~ul1i,'"t und Earli- o _ro ....~e Tuhsildar anco by

I:eceipt <lute Receipt dute Receipt date Receipt dale Receipt est ~eg 012 ;:l Nuib-date ••.• il< p., .tf Naziro _

ci= ~ Z ~3Z~~

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FORM IV

(Paragraph 274)

Peons / Process. Server's Karguzari Register

INDEX

Serial Ref. to Number of days out on service(Number or process served TotalName page Remarks

no. register octo Nov. Dec. Jan. Feb. Mar Apr. May . June . July. Aug. Sept . Year.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

,

,

..

§Cl>Cl>

~~£:l~

ii