CHAPTER 8-A
Responsibility of presiding
officers of courts and security to be furnished by ministerial officials.
The Punjab Government have, in
consultation with the Honorable Judges of the High court, ordered that the
ministerial officers of the court concerned , i.e. the clerk of court in the
case of District and Sessions Judges and senior sub-judges and the Reader in
the case of other subordinate judges should be made responsible for seeing that
plaints and petitions are properly stamped in all simple and undisputed cases,
For failure to do so he should be personally
responsible; but in cases of doubt regarding the correctness of the
court-fee due, it would be his duty to take the orders of the Presiding Officer,
Personal responsibility should only be
enforced against the presiding or ministerial officer, , as the case might be,
where obvious mistakes were made, and not in cases in which a genuine doubt was
possible regarding the correctness of the court –fee due.
Deputy commissioners and Districts
and Session Judges should impress upon the presiding officers of subordinate
civil, criminal and revenue courts and their readers, etc, their personal
responsibility this matter and they should be made to under stand that as a
consequence of this responsibility all government losses in stamp revenue will
be dealt with on the principals enunciated in the Punjab Government Finance
Department, memo. No. 30161-F dated the 30th September 1929
2.
Government have prescribed the following scale of security
to be furnished by readers , etc of revenue courts and magistrates in the
Punjab:-
|
|
AMOUNT OF SECURITY |
|
|
If not
holding any advance |
If
holding a permanent advance |
|
|
Rs |
Rs. |
|
|
1.
Head Vernacular clerks of Commissioners and deputy
commissioners |
100 |
200 |
|
2.
Readers to deputy commissioners , sub divisional
officers, Revenue Assistant , Section 30 magistrates and Magistrates 1st
class. |
100 |
200 |
|
3.
Muharrirs to Tahisaldar, Naib Tahsildars other
magistrates, second and third class or honorary magistrates |
50 |
100 |
In a district where the Head
Vernacular Clerk does not entertain any appeals, etc, the Deputy commissioner
shall take the requisite security from his reader.
The security shall be in any of the
forms described in paragraph 1 of chapter 5 of the Punjab District office
Manual ( Punjab Government letter No. 6075-E . & S dated the 12th
October 1934)
The security to be furnished by the
clerks of court and Readers attached to civil courts is governed by paragraphs
1 and 2 of chapter 18-c of High court rules and orders, volume 1.
3.
All clerks entrusted with the work of stamp refunds are
required to furnish a security of Rs. 200 in any of the forms described in
paragraph 1 of chapter 5 of the Punjab District office Manual (Punjab Government
letter No. 6233-E & S, dated 22nd October 1934)