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State of Madhya Pradesh - Section

Section 465 in M.P. Civil Court Rules, 1961

465. Register of receipts and repayments of returned diet-money.

(1)
(a)Every endeavour should be made to repay returned diet-money speedily and with as little trouble as possible to the party concerned, and with this object in view the Judge should, after ascertaining what witnesses are absent, see that parties present take back the returned diet-money due to them.
Note. - A notice in English and Hindi shall be exhibited in every Court to the following effect :-Repayment of returned diet-money-
(i)Returned diet-money will be paid to parties at any hearing of the case at which they are present.
(ii)Any returned diet-money not so repaid will be remitted to the parties by money order as soon as possible after the conclusion of the case but money order commission and a charge of 10 P. for stationery and clerical expenses will be deducted from that amount.
(b)At the beginning of each working day the Reader should collect all the processes on which diet-money has been returned and should total up the sum repayable thereon. The Judge should then requisition the sum from the Nazir and give him a receipt for it. The Nazir will normally by 11.30 a.m. send the requisitioned sum to the Reader, together with the Register of Receipts of returned diet-money. From the amount received the Reader should pay returned diet-money to the parties concerned in the presence of the Judge and obtain their signatures in column 10 of the register. On each of the processes on which returned diet-money has been repaid the Reader should stamp with a rubber stamp the following endorsement :-
"Amount of returned diet-money Rs................paid to..................in my presence.................................Dated..................................Signed...............Judge".At 2 p.m. the Reader should send the Register of Receipts of returned diet-money, the processes on which returned diet-money has been repaid, and the balance of unpaid money to the Nazir. The latter after satisfying himself that the entries in the register correspond with the figures on the processes themselves, will return the Judge's receipt and the processes to the Reader, who will file the processes with the connected records. An application for payment of returned diet-money not previously paid may be made by parties at any hearing of a case, and payment should be made in the same manner.Note. - On the last working day of the treasury' or sub-treasury in each mOnth transactions in respect of returned diet-money should be completed by 12 noon.
(c)In this way recently all returned diet-money will have been repaid before the conclusion of the case. Such returned diet-money as remains unpaid after the close of the case should be sent, as soon as possible after delivery of judgement, to the party concerned by money order after deducting money order commission and a charge of 10 P. on account of stationery and clerical expenses. The charge of 10 P. should be recovered by means of a court fee stamp to be purchased from the diet-money and affixed by the Nazir on the process form itself. After the delivery of the judgement in the case the Reader should collect all the processes on which returned diet-money has still to be repaid and make the following endorsement on each with a rubber-stamp :-
"Amount Rs 'of returned diet-money on this process be returned by money order after deducting necessary charges.Dated...............Signed...............................Judge"He should at the same time prepare a money order form for each such amount. The coupon at the foot of the money order form should contain an endorsement showing the number of the case, the name of the Court, the name of the witness and the amount to be sent. The money order form and process should be sent to the Nazir for check. The Nazir should affix the 10 P. court-fee stamp on the process and should then sent the process and the money order form to the Judge for signature. The latter should see that the court-fee stamp is cancelled, sign the order on the process and also the money order form, and return the money order form to the Nazir for despatch to the post office.
(d)Occasionally it will happen that the money on the money-order will be returned. Since the Judge signed the money order, the money will be returned to him and not to the Nazir. In such cases the coupon at the foot of the money order should be sent to the Nazir who will make, in red ink below the entries already made in columns 8 and 9 of the Register of Receipts of returned diet-money, an entry to the effect that the amount has been received back. Such an entry might be "Rs. 4 received from the post office, because the addressee is reported to be dead." The Nazir should also note in red ink a fresh serial entry in columns 1 to 6 against the date on which the money is received back; but in column 2 should be given the old serial number to which the item relates and not a fresh serial number. He should then submit the register to the Judge who will hand over the money to the Nazir after satisfying himself that the necessary entries have been made in the register. No further attempt should be made to return this money by money-order. It will remain in deposit until it lapses in the ordinary way. In a few cases, where the money is returned from the post office it may happen that the party may subsequently appear and claim his deposit. He can then be paid only what has been received back from the post office.
Note 1. - In cases where the returned diet-money sent by money-order is not received back or acknowledged by the addressee, the Nazir should enquire from the post office, within two weeks if the addressee resides at a place where there is a post office and within four weeks if the addressee resides elsewhere, what has become of the money order.Note 2. - At headquarters the duties of the Judge with respect to repayment of returned diet-money may be performed by the clerk of Court.
(e)At stations where there is no separate civil Nazarat, returned diet-money should be returned by money order after the conclusion of the case, the procedure to be followed being so far as possible that described above the exception being that after the Nazir has affixed the court-fee stamp to the-process he will prepare the money order form and put it up to the Judge in charge of the Nazarat for signature. The latter will have the court-fee stamp cancelled, sign the money order form for issue by the Nazir and have the process returned by the Nazir to-the Court concerned with the Nazir's report that the returned diet-money has been sent by money order.
(2)
(a)The Nazir should keep separate registers for each Court. Every item of returned diet-money which he receives from a Court or a process-server or from the post office on refusal of a money order by the payee should be entered by him on the day of receipt in the Register of Receipts of returned diet-money. The money should remain in the custody of the Nazir to be used by him for making repayments of these items. Below the daily total progressive total should also be given from day to day till the end of the month.
(b)Repayments should be noted in the Register of Repayments as they are made. Below the daily total a progressive total should also be given from day to day till the end of the month. The signature of the person to whom repayment is made should be taken in column 10 of the Register of Receipts against the item repaid. When diet-money is returned by money order to a Court in another station or to the depositor, the post office receipt for the money order should be pasted across columns 10 to 12 of the Register of the Receipt against the item concerned, leaving room vertically for necessary entries if the money order does not reach the depositor. The corresponding receipt received through the post office from the Court or depositor to whom the money was sent shall be filed separately.
(3)On the last working day of the month, the Nazir Shall close the registers for the month of totalling column 7 of the Register of Receipts and column 1 of the Register of Repayments, and shall submit to the Judge a memorandum showing the balance in hand; he shall at the same time remit the balance in hand to the treasury to be included in the cash balance of the district. He shall also record in the Register of Receipts and submit to the Judge, (a) a plus and minus memorandum; and (b) a balance sheet in the sub-joined forms. The Judge shall satisfy himself as to the correctness of the entries made therein by the Nazir and sign them :-Plus and Minus Memorandum
Opening Balance Receipt during the month Total Repayment Closing balance
(1) (2) (3) (4) (5)
 
Balance Sheet
Year of Receipt Opening balance Receipts Total Repayments Closing balance
(1) (2) (3) (4) (5) (6)
 
Third preceding year.................Second preceding year...................First preceding year.................Current year. ...............
(4)The plus and minus memorandum prescribed by sub-rule (3) relating to the registers of all the Courts at headquarters should be entered in the Register of Receipts of the Court of the District Judge and those of Courts at outstation in the Register of the Court of the senior Judges. Immediately before the plus and minus memorandum and the balance sheet are signed by the Judge, the clerk of Court or deputy clerk of Court at headquarters and the senior Judge at an outlying station shall check a few entries in the process-server's work-tickets, the General Cash Account and the Classification Register and file of money order receipt. The remittance lists should also be referred to whenever returned diet-money has been withdrawn from or paid into the treasury since the date of the last preceding check.
(5)If at any time during the month the sum in the hands of the Nazir on account of returned diet-money is in excess of Rs. 100 or such smaller sum as may be fixed with the sanction of the High Court, the excess shall at once be remitted to the treasury. If necessary, the amounts thus remitted, or any portion thereof, may be re-drawn from the treasury by the Nazir on the remittance list.
(6)Whenever any amount is remitted to or drawn from the treasury during the month under sub-rule (5), the transactions shall be included in the plus and minus memorandum which will then be drawn up in the following Form :-
(a)Total receipts of the month as per Register of Receipts.
(b)Deduct amount already remitted to treasury as per treasury officer's receipt.
(c)Net amount now to be credited in treasury accounts.
(d)Total payment of the month as per Register of Repayments.
(e)Deduct amount already drawn from the treasury.
(f)Net amount now to be debited in treasury accounts.
(g)Balance, being difference between (c) and (f) now to be remitted to or received from the treasury.
The gross figures, that is, the amount shown against (a) and (d) only should be entered in the Registers of Civil Court Deposit Receipts and Repayments, respectively under clause (7) but the monthly totals of the receipts and payments on account of Civil Courts Deposits, including the petty items of returned diet-money, as recorded in the treasury, should agree with the totals of the deposit register, because the amounts shown in the above memorandum against (b) and (e) will already have been included in the treasury accounts, and these added to (c) and (f) should make up the figures shown against (a) and (d).
(7)The total receipts and payments of the months as shown by the plus and minus memorandum should be entered in the Registers of Civil Courts Deposits Receipts and Repayments respectively, as a single item to be described as "Petty items of Returned Diet-money" without giving a number to the item or recording any other particulars.
(8)In the Extract Registers of Receipts and Repayments of Deposits prepared for submission to the Accountant-General; the monthly totals only should be entered at the foot as the amount of petty items of the returned diet-money received from and paid to the Nazir. A note, however, should be made against the total repayments showing the amount repaid out of deposits received each financial year and the Judge should see that these amounts agree with those in the balance sheet recorded in the Register of Receipts. Thus, if the total amount of petty items of returned diet-money repaid during the month were Rs. 75 a note would be made against this total :
  Rs.
From receipts of 1959-60 10
From receipts of 1960-61 22
From receipts of 1960-61 43
Total: 75
(9)On the 31st March all items lapsing to Government, under Rule 562, Madhya Pradesh Treasury Code, Volume I, shall be entered in column 11 or column 12 of the Register of Receipts and the total thereof included in one sum in the list of lapsed deposits to be submitted to the Accountant-General in accordance with that rule. This list should show distinctly how much is to be credited to Government as lapsed out of the amounts received during each financial year. Thus, if Rs. 63 are to be credited to Government as lapsed, a note should be made :-
  Rs.
From receipts of 1957-58 10
From receipts of 1958-59 23
From receipts of 1959-60 30
Total: 63
Before submission of the list to the Accountant General the registers should be examined by the Judge, who should satisfy himself that all items lapsing under the rule are included in the list as above. Refunds of amounts included in this list will be payable only with the sanction of die Accountant-General under Rule 564, Madhya Pradesh Treasury Code, Volume I.
(10)In order to maintain a proper check over the disposal of items of returned diet-money the Judge should himself trace not less frequently than once a quarter, a certain percentage of items from the process-servers work-tickets, into the Nazir's Register of Receipts of returned diet-money and should see that the instructions contained in these rules are duly carried out.