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)