Section 9 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
9. Responsibility regarding Court-Fee, Stamps.
- The instructions contained in the High Court Rules & Orders, Volume IV, Chapters 4 and 5 should be observed mutatis mutandis by all Revenue Courts.The ministerial officer of the Court concerned i.e., the Asstt. Superintendent (Revenue)/Head Vernacular in the case of Deputy Commissioner and Naib-Tehsildar (Peshi) in the case of Commissioner and the Reader in case of other Courts shall be personally responsible for ensuring that plaints and petitions are properly stamped in all simple and undisputed cases. In case of doubt regarding the correctness of the Court Fee, due, he should take the orders of the Presiding Officer. Personal responsibility shall be enforced against the ministerial officer in all cases that he failed to refer to the Presiding Officer for orders, and against the Presiding Officer in other cases. This shall, however, be subject to the provision that personal responsibility should be enforced against the presiding or ministerial officer, as the case may 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 should impress upon the Presiding Officers of Subordinate Revenue Courts and their readers etc., their personal responsibility in this matter and make them understand that as a consequence of this, responsibility, all Government losses in stamp revenue will be taken of serious notice and stern action will be taken against the delinquents.Serious notice should also be taken of failure to cancel the stamps by punching. Erring officials shouLd be suitably proceeded against.
