UP Police Regs 578Chapter 40 · Appendix-4 Instructions for submitting applications addressed to the local government:-
Section 578 · Part II - Form and manner of submission and transmission of applications
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) Form of Application -
(1) An application may be handwritten, typewritten, or printed.
(2) Every application must be authenticated by the signature of the applicant or, where there are multiple applicants, by one or more of them.
) Stamping of Applications and Documents Submitted with Applications -
(1) No stamp is required on applications addressed to the Governor or the Government.
(2) Copies of documents specified in Articles 6, 7, and 9 of the First Schedule to the Court Fees Act (Seventh of 1870), as amended by the Provincial Legislature, or Article 24 of the First Schedule to the Stamp Act (Second of 1899), submitted in support of an application, must be stamped with the value specified in the aforementioned Article.
(3) Every document which is not duly stamped shall be returned either under the express provisions of Section 6 of Act VII of 1870 or dealt with in accordance with the provisions of Chapter IV of Act No. 2 of 1899, as the case may be. An application accompanied by an unstamped copy of a document shall, ordinarily, if the consideration of the unstamped document is necessary, be returned to the person who produced it with a direction that no order shall be passed thereon until the document produced with it is properly stamped.
(5) Contents of Applications -
Every application shall-
(a) contain all the material statements and arguments relied upon by the applicant;
(b) be complete in itself;
(c) Except for an application for mercy or pardon in a case in which a sentence of death has been passed, if the order of a court or public authority is being complained against or otherwise disputed, a copy of such order and a copy of the order passed therein by a subordinate authority shall be attached thereto; and
(d) Finally, there shall be a specified petition.
(6) Presentation of Applications -
(1) Except as provided in clauses (2) to (4) below, no application shall be entertained by any person on behalf of another unless it is accompanied by a duly executed power of attorney.
(2) Nothing in sub-rule (1) shall apply to any application presented by a person of unsound mind or any other person whose circumstances render it impossible to execute a power of attorney on his behalf.
(3) An application on behalf of a person of unsound mind or a minor who has an authorized guardian must be presented by such guardian.
(4) An application on behalf of a person in prison or other place of obligation may be presented—
(a) by the officer in charge of the prison or other place of obligation, or
(b) by a near relative of the person.
(5) An application presented directly to the Government shall, as a rule, be returned for presentation in accordance with the instructions contained in Rule 7 or 8.
(7) Presentation of Applications.—
Except as provided in Instruction 8, every application shall be presented through the Collector or Deputy Commissioner of the district in which the applicant resides or the subject matter of the application arose.
Provided that the Superintendent of the prison or other place of obligation shall forward any application for mercy presented by a convicted person directly to the Government.
(8) Submission of applications by persons in civil employment. -
(1) Every person who is in civil employment and every person who has been in civil employment shall, if he wishes to make an application to the Government in respect of the payment of tax on such employment, submit a separate application on his own behalf.
(2) Every such application shall be submitted through the regular channel of correspondence through the head of the department to which he belongs or has belonged.
(3) Any other application on behalf of a person who is in civil employment or has been in civil employment shall be submitted in the first case to the head of the district or local office to which the applicant belongs.
(9) Transmission of Applications. -
(1) The officer to whom the application is made shall, unless he is authorised to withhold it under Instruction 10 or unless it is an application for mercy on behalf of a convicted prisoner to whom the second clause of this Instruction applies, forward it through the ordinary official channels with an expression of his opinion.
(2) An application for mercy by a convicted prisoner shall ordinarily be forwarded without an expression of opinion, provided the officer forwarding it may bring to the notice of the Government any important fact or particular in the case which, in his opinion, is desirable to be known by the Government and which is not apparent from the records of the Court.
(3) The Head of the Department shall, on receipt of an application submitted through him, unless he has done so under Instruction 10, forward the application through regular official channels to the local Government for its determination, along with his opinion thereon, except as provided in sub-section (2).
(1) An application may be handwritten, typewritten, or printed.
(2) Every application must be authenticated by the signature of the applicant or, where there are multiple applicants, by one or more of them.
) Stamping of Applications and Documents Submitted with Applications -
(1) No stamp is required on applications addressed to the Governor or the Government.
(2) Copies of documents specified in Articles 6, 7, and 9 of the First Schedule to the Court Fees Act (Seventh of 1870), as amended by the Provincial Legislature, or Article 24 of the First Schedule to the Stamp Act (Second of 1899), submitted in support of an application, must be stamped with the value specified in the aforementioned Article.
(3) Every document which is not duly stamped shall be returned either under the express provisions of Section 6 of Act VII of 1870 or dealt with in accordance with the provisions of Chapter IV of Act No. 2 of 1899, as the case may be. An application accompanied by an unstamped copy of a document shall, ordinarily, if the consideration of the unstamped document is necessary, be returned to the person who produced it with a direction that no order shall be passed thereon until the document produced with it is properly stamped.
(5) Contents of Applications -
Every application shall-
(a) contain all the material statements and arguments relied upon by the applicant;
(b) be complete in itself;
(c) Except for an application for mercy or pardon in a case in which a sentence of death has been passed, if the order of a court or public authority is being complained against or otherwise disputed, a copy of such order and a copy of the order passed therein by a subordinate authority shall be attached thereto; and
(d) Finally, there shall be a specified petition.
(6) Presentation of Applications -
(1) Except as provided in clauses (2) to (4) below, no application shall be entertained by any person on behalf of another unless it is accompanied by a duly executed power of attorney.
(2) Nothing in sub-rule (1) shall apply to any application presented by a person of unsound mind or any other person whose circumstances render it impossible to execute a power of attorney on his behalf.
(3) An application on behalf of a person of unsound mind or a minor who has an authorized guardian must be presented by such guardian.
(4) An application on behalf of a person in prison or other place of obligation may be presented—
(a) by the officer in charge of the prison or other place of obligation, or
(b) by a near relative of the person.
(5) An application presented directly to the Government shall, as a rule, be returned for presentation in accordance with the instructions contained in Rule 7 or 8.
(7) Presentation of Applications.—
Except as provided in Instruction 8, every application shall be presented through the Collector or Deputy Commissioner of the district in which the applicant resides or the subject matter of the application arose.
Provided that the Superintendent of the prison or other place of obligation shall forward any application for mercy presented by a convicted person directly to the Government.
(8) Submission of applications by persons in civil employment. -
(1) Every person who is in civil employment and every person who has been in civil employment shall, if he wishes to make an application to the Government in respect of the payment of tax on such employment, submit a separate application on his own behalf.
(2) Every such application shall be submitted through the regular channel of correspondence through the head of the department to which he belongs or has belonged.
(3) Any other application on behalf of a person who is in civil employment or has been in civil employment shall be submitted in the first case to the head of the district or local office to which the applicant belongs.
(9) Transmission of Applications. -
(1) The officer to whom the application is made shall, unless he is authorised to withhold it under Instruction 10 or unless it is an application for mercy on behalf of a convicted prisoner to whom the second clause of this Instruction applies, forward it through the ordinary official channels with an expression of his opinion.
(2) An application for mercy by a convicted prisoner shall ordinarily be forwarded without an expression of opinion, provided the officer forwarding it may bring to the notice of the Government any important fact or particular in the case which, in his opinion, is desirable to be known by the Government and which is not apparent from the records of the Court.
(3) The Head of the Department shall, on receipt of an application submitted through him, unless he has done so under Instruction 10, forward the application through regular official channels to the local Government for its determination, along with his opinion thereon, except as provided in sub-section (2).
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