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State of Bihar - Section

Section 36 in Bihar Commercial Taxes Tribunal Regulation, 1979

36. Application for copy.

(1)An application for copy of a paper or document including the judgment in the record of the proceeding before the Tribunal shall be filed before the Secretary in Form 48 of Schedule V between the hours of 10.30 A.M. to 12.30 P.M. during day sittings and between the hours of 6.30 A.M. to 8.30 A.M. during the morning sittings. An Assistant of the Tribunal (entrusted with such work) will attend the sitting room of the Secretary and will fake charge of the applications for copies together with the court-fee stamps and folios as soon as they have been presented to the Secretary. The Assistant will check them and punch the court-fee stamps other than those for authentication in presence of the Secretary, who will then initial and date the application. They will then be entered by the Assistant in the register, maintained in Form 49 of Schedule, the court-fee stamps being entered in the court-fee register. The Secretary will check and initial all these registers daily. Each application for copy shall bear consecutive serial number according to the number allotted to it in the aforesaid register.The application shall be kept in monthly bundles in serial order. At the close of each quarter they shall be examined by the Head Assistant, who will report any irregularity discovered during his examination. The Secretary, after satisfying himself as to the work of the office in the examination of applications received, will direct destruction of applications of more than one year.
(2)Requisition of court-fee stamps and folios. - On requisition of the application, the Assistant Incharge will bring out the paper or document to be copied and will examine the amount of court-fee stamps and the number of folios required for the copy. The court-fee stamps and the number of folios required shall be carefully calculated so that it may not be necessary to obtain additional court-fee stamps or folios from the applicant. If it is possible at once to inform the applicant what court-fee stamps and folios will be required and if such stamps and folios have not been filed with the application, the Assistant concerned shall note the requisite information on the back of the counterfoil of the application and return it to the applicant. If this is not possible, the applicant shall be informed that the information will be posted in the Information Register and the words "told to consult the information register" shall be noted on counterfoil which shall then be returned to the applicant. The Assistant concerned shall notify the particulars of court-fee stamps and folios required for the preparation of the copy in case of each application at the latest on the day following the day on which the application was filed. This should be done by means of an entry in the Information Register which will be maintained in the following form:-Information Register
Date of application Serial No. application Name of party Information to the party Dated Signature of the Secretary Remarks
1 2 3 4 5 6
           
(3)Filing of additional court-fee in folios. - The requisite stamps or folios shall be filed before the Secretary within three days of the giving of the notice of the deficit court-fee stamps or folios. If this is not done, the application shall be rejected. If the application is rejected, a note to that effect shall be made in the register of application of copies. The applicant shall present alongwith the requisite court-fee or folios the counterfoil of the original application.The Assistant Incharge will give on the counter foil a receipt for the stamps of folios etc., filed and will note on it and also on the application the date and hour at which the copy will be ready. He will then return the counterfoil to the applicant.
(4)Condition of commencement of preparation of copy. - No application will be considered complete nor will the preparation of copy be commenced until the applicant has supplied, in full court-fee stamps, folios, etc., required for preparing it.
(5)Preparation of copy. - When the requisite court-fee stamps and folios are filed, the Assistant Incharge shall hand over the same complete in all respects to a responsible typist or copyist for copying out the paper or document, copy of which is sought by the applicant. If the application for copy is an ordinary one, the copy shall be prepared by the typist or the copyist within five working days after the filing of all requisite stamps and folios and the copy so prepared shall be made over to the applicant on the sixth day after the filing of all the requisite stamps or folios. Urgent copies shall be prepared and delivered to the applicant on the day of the application and where this is not possible, on the day following. In counting these days, holidays and Sundays will be excluded.
(6)Delivery of copy. - The copies shall be delivered to the applicant in presence of the Secretary at 4 RM. in the case of the day sitting and at 11 A.M. in the case of morning sittings, unless otherwise directed by the Chairman.
(7)Return of unused stamps and folios. - Unused court-fee stamps and folios shall be returned by the typist/copyist to the Assistant Incharge alongwith the copy prepared for which they were filed. These should be made over to the applicant alongwith the copy. When the copy or the unused stamps or folios are delivered to the applicant, his signature with date shall be taken on the application.
(8)Authentication of copy. - Before delivering the copy to the party, the authentication court-fee stamps shall be affixed on the top of the first page of the copy and the stamps shall be punched on the right hand side. The stamps shall not be punched on the head. Below the authentication stamps, it shall be certified "Sufficiently stamped" over the date and signature of the Secretary/Head Assistant. Where the copy exceeds one page, each page shall be signed by the Secretary/ Head Assistant. Certified copy shall as required by Section 76 of the Indian Evidence Act, 1872, bear at the foot, the words "Certified to be a true copy" over the signature of the Secretary/Head Assistant who shall add his designation and the words "Authorised under Section 76 of Act 1 of 1872".
(9)Particulars to be recorded on the copy. - When a copy is granted the following particulars shall invariably be recorded on the copy namely:-Date of application for copy.Date of informing the requisite number of stamps and folios.Date of delivery of requisite stamps and folios.Date on which the copy was ready for delivery.Date of making over the copy to the applicant.
(10)Certificate of costs. - All the costs paid by the applicant applying for copies, including cost for authentication and extra fee for folios used in each copy, shall be shown on the back of the copy by means of rubber stamps.in the form given below:-
Cost for-     Rs.
(a) Application for copies ... ...  
(b) Searching fee ... ...  
(c) Copying fee (no. of words) ... ...  
(d) Authentication fee ... ...  
    Total...  
    (in words)  
Secretary, Commercial Taxes Tribunal, Bihar.
(11)Disposal of unclaimed copies, stamps and folios. - If the applicant fails to appear to claim either the copy or unused stamps or folios, these will be temporarily retained, but on the last day of each month all unclaimed copies ready for delivery before the close of the preceding month together with all unused stamps or folios attached thereto shall be destroyed in the presence of the Secretary.