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State of Madhya Pradesh - Section

Section 379 in M.P. Civil Court Rules, 1961

379. Book of receipts for money.

(1)As soon as an application or memorandum with diet-money is presented to a process-writer he shall enter the amount in one of the receipts in the book. Each receipt shall be in duplicate and the office copy shall be prepared, simultaneously with the original by means of a carbon paper. The originals which shall bear the same serial number as the carbon copy shall be tom off at the perforated line and presented to the payer as his receipt. Court clerks are prohibited from receiving any money other than diet-money and also from receiving any money after 4 p.m. Each clerk shall daily send the whole balance in his hands in a sealed leather bag to the Nazir not later than 4.45 p.m. for custody. Next day he shall take the bag and proceed to deal with the contents in the regular manner.
(2)The numbers of processes issued in connection with such receipt shall be noted on the counterfoil in the Book of Receipts and the numbers of receipts shall be given against the connected processes in the register of process and process-fees. An account of receipts and expenditure of diet-money shall be made in the Book of Receipts on the back of the last receipt issued for the day in respect of every day on which a transaction occurred showing that all amounts received have been fully spend and duly accounted for.The appropriate form will be one of the samples given below :-
  A.-Account of diet-money for 7th April, 1990.-  
  Last Balance- Rs.
(i) As per receipt No.............. 10
(ii) As per register of diet-money received by money order 6
  Total receipts during the day  
(i) As per receipt No.............. 8
(ii) As per register of diet-money received by money order 5
  Sent to Nazarat-  
(i) As per receipt No.............and process No................. 15
(ii) As per register of diet-money received by money-order vide P.Nos.......... 8
  Balance  
(i) Receipt Nos.............. 3
(ii) As per register of diet-money received by money order. 3
  Or  
  B.-Account of diet-money for 7th April, 1990  
  Last Balance-  
(i) As per receipt No................ 10
(ii) As per register of diet-money received by money order 6
  There was no transaction on 7th April, 1990.  
  Sent to Nazarat-  
(i) As per receipt No.............. 10
(ii) As per register of diet-money received by money order 6
  Balance  
(i) As per receipt No............... Nil
(ii) As per register of diet-money received by money order Nil
  C.-Account of diet money for 8th April, 1990-  
  There were no transactions from 1st to 8th April, 1990.  
  Total receipts during the day-  
(i) As per receipt No............... 15
(ii) As per register of diet-money received by money order 5
  Sent to Nazarat-  
(i) As per receipt No............... 10
(ii) As per register of diet-money received by money order 3
  Balance-  
(i) As per receipt No................ 5
(ii) As per register of diet money received by money order 2
Signature of ClerkVerified.........Judge.Deputy Clerk of Court.Note. - The daily account should be written neatly. As far as possible it should not rim ahead of the receipts actually used. If necessary it may be written on pieces of paper pasted on the last receipt in such a way as to leave all accounts clearly visible.
(3)The daily account shall be verified every day by the clerk or the deputy clerk of Court, or when there is no clerk or deputy clerk of Court by the Judge himself, who shall see that the money covered by the receipts issued has either been sent to the Nazir with the process or is in balance with the process-writer. He shall also satisfy himself by examining the counterfoils of that day and the preceding days that the number of processes issued have been correctly entered on all of them except those shown in the balance of the daily account.
(4)The clerk or deputy clerk of Court, or when there is no clerk or deputy clerk of Court, the Judge himself shall check at least once a quarter, not less than five per cent of the receipts from the Book of Receipts for money with the connected entries of processes and diet-money in the register of process and process-fees, in order to ascertain whether the amount of diet-money noted in each receipt, has been duly accounted for in the said register. The result of this check shall be noted in the Inspection Note Book.
(5)Inspecting officers shall see whether the daily account is being properly written up and systematically verified as prescribed in sub-rule (2) and whether the quarterly check, as required by sub-rule (4) is regularly made. They shall also see that the counter-foils in the Book of Receipts are legibly written and shall compare them with the actual receipts given to parties, if available.